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HomeMy WebLinkAbout14 COOP AG D98-034 01-05-99AGENDA, DATE: JANUARY 5, 1999 NO. 14 1-5-99 inter_Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION AMENDMENT TO THE SAN DIEGO CREEK/UPPER NEWPORT BAY WATERSHED COOPERATIVE AGREEMENT AND THE NEWPORT BAY/SAN DIEGO CREEK WATERSHED SEDIMENT CONTROL MONITORING AND IN- CHANNEL MAINTENANCE PROGRAM COOPERATIVE AGREEMENT (D98-034) SIJMMARY Thc amendment to the "San Diego CreeWUpPer Newport Bay Watershed Cooperative Agreement" proposes to add the Orange County Flood Control District, the City of Lake Forest, the Santa Aha Regional Water Quality . Control Board, and the Irvine Ranch Water District to the existing agreement: Additionally, the amendment expands the scope of the agreement frOm strictly sediment control to cover additional watershed enhancement issues such as alleviating nutrient impa/nnents in Newport Bay. The Newport Bay/San Diego Creek Watershed Cooperative Agreement amends previous cooperative agreements for the construction of in-channel facilities and sediment monitoring programs by adding the City of Lake Forest and providing.fUnding for expanded sediment monitoring and maintenance of In-Channel Basin 1. RECOMMENDATION That the City Council approve the "Second Amendment to the Cooperative Agreement San Diego Creek/Upper Newport Bay Watershed" along with the "Cooperative Agreement Newport Bay/San Diego Creek Watershed Sediment Control Monitoring and In-Channel Maintenance Program" and authorize the Mayor and the City Clerk to execute said agreements. FISCAL IMPACT The City's share for program participation during F.Y. 1998-99 has been estimated at $17,322 and is budgeted in the Public Works Department's current operating budget. The City's share for the proposed F.Y. 1999-2000 budget is estimated at $17,746 and will be requested during the F.Y. 1999-2000 budget process. The sediment program is an annual program established to meet the new regulatory requirements of the Santa Ana Regional Water Quality board and will require an annual appropriation. The agreement will reduce the City's proportionate fiscal share of the programs. 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- San Diego Creek/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 prepared for SCAG by the Cities of Lrvine and Newport Beach under the Federal 208 Water Quality Planning Program. The agreement Amendment to the San Diego Creek/Upper Newport Bay Watershed Cooperative Agreement and the Newport Bay/San Diego Creek Watershed Sediment Control Monitoring and h-Channel Maintenance Program Cooperative Agreement January 5, 1999 Page 2 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 other parties within the watershed that also had responsibilities for controlling sediment and that they may be required to participate in furore project implementing agreements. Subsequently, this agreement was amended in 1985 to add the City of Tustin. '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 Quality Control Board (Santa Ana Region) and the Irvine Ranch Water District to the Executive Committee. The attached agreement has been revieWed and approved as to form by each of the parties respective counsels. The second agreement entitled "The Newport Bay/San Diego Creek Watershed Sediment Control Monitoring and In-Channel Maintenance Program Cooperative Agreement (D98-034)" seeks to amend in their entirety the existing agreements entitled "San Diego Creek Sedimentation Monitoring Program (August 20, 1996)" and "Agreement Between the County of Orange, the Orange County Flood Control District, the City of Irvine, the City of Tustin, the City of Newport Beach and The Irvine Company' and construction of additional in-channel facilities in San Diego Creek in furtherance of the Newport Bay Watershed- San Diego Creek Comprehensive Stormwater Sedimentation Control Plan (September 25, 1994)." The existing San Diego' Creek Sediment monitoring program evaluates the transport of sediments to Lower Newport Bay and the effectiveness of retarding basins, in-channel basins, and channel stabilization projects in the San Diego Creek Watershed. The cost of the existing program is shared equally among all parties and will not exceed $8,500 plus a percentage equal to the consumer prices index for each twelve month period through the agreement expiration on June 30, 2000. The agreement covering the construction on additional in-channel facilities also governs the maintenance of' the in- channel sedimentation basin. The City's most recent payment was for maintenance that was completed in May 1994 and amounted to $64,000 or 16% of the total cost to remove sediment from the basin. The proposed new agreement is based on the inclusion of the City of Lake Forest and .new regulatory requirements initiated by the Regional Water Quality Control Board. The requirements recalculate .the Total Maximum Daily Load and necessitates additional basin monitoring and more timely maintenance of the in- channel basins. The original construction agreement involved three in-channel basins, however, Irvine Ranch Water District has committed to full maintenance of the two of the basins. Therefore, the proposed agreement involves only the maintenance of In-Channel Basin 1. This agreement has also been reviewed and approved as to format by each of the parties respective, counsels. Amendment to the San Diego Creek/Upper Newport Bay Watershed Cooperative Agreement and the Newport Bay/San Diego Creek Watershed Sediment Control Monitoring and h-Channel Maintenance Program Cooperative Agreement January 5, 1999 Page 3 The Executive Committee has reached agreement on a new funding formula for allocating costs for sediment monitoring in the Newport Bay/San Diego Creek Watershed and maintenance of In-Channel Basin 1 based on a weighted share of parties land area, sediment source, population and benefit ratio within the watershed. The benefit ratio has a weighted share of 35% and is a subjective evaluation related to each participant's proximity to Newport 'Bay, access to recreational uses and public or private benefit from Newport Bay's economic value. The funding formula provides for sufficient funds to be contributed annually to allow for cleaning of In-Channel Basin 1 within 5 years and vegetation studies in Newport Bay within 3 years. The City of Tustin proportionate share for participating in these agreements is reduced to 7.07% of the total anticipated expenditure and is estimated to be $17,322 for Fiscal Year 1998-99 and $17,746 for F.Y. 1999-2000. Tim D. Serlet ~ Director of Public Works/City Engineer TDS:klb/CITY COUNCIL:Upper Newport Bay Attachments: Upper Newport Bay Watershed Map San Diego Creek h-Channel Sediment Basins Map Second Amendment to the Cooperative Agreement- San Diego Creek/Upper Newport Bay Watershed Cooperative Agreement - Newport Bay/San Diego Creek Watershed Sediment Control Monitoring and h-Channel Maintenance Program ,. Uppe, 'Newport'3ay Watershed )RANGE ~COI~ ... CFOREST. PACIFIC OCEAN F09 BARRANCA (D BA8I~. 3 IN-CI~NEL BASIN 2 BAY , ~ CI-t.CWNE L IN-CHANNEL BASIN 1 IONITA 0 WILES I 0 2G40 S280 'FIGURE 1 SAN 'DIEGO CREEK IN-CH~NEL SEDIIdENT BASINS Agreement No. D98-034 l0 12 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NEWPORT BAY/SAN DIEGO CREEK WATERSHED SEDIMENT CONTROL MONITORING AND IN-CHANNEL MAINTENANCE PROGRAM THIS AGREEMENT, for purposes of identification numbered D98-034, is made and entered into this'~ day of , 1998 , by and between the County of Orange ("County"), the Orange County Flood Control District ("District"), the City of Irvine ("Irvine"), the City of Lake Forest ("Lake Forest"), the City of Newport Beach("Newport Beach"), the City of Tustin ("Tustin"), and The Irvine Company. The seven entities are hereinafter sometimes jointly referred to as the "Parties" and individually as "Party". WITNESSETH WHEREAS a Comprehensive Stormwater Sediment Control Plan ('~PLA~") was prepared for the Newport Bay/San .Diego Creek Watershed in 1983; and, WHEREAS an element of the PLAN is to perform sediment monitoring within the Newport Bay/San Diego Creek Watershed; and, WHEREAS all the Parties have entered into a cooperativ~ agreement dated September 30, 1983 ("AGREEMENT"), as amended in 1985 and 1998, for the purpose of providing a forum to evaluate and assess progress towards implementing the PLAN, to formulate project implementing agreements for elements of the'PLAN, and to evaluate and assess the effectiveness of the various elements of the PLAN; and, WHEREAS, the AGREEMENT established an Executive Committee to review and report progress on the PLAN and other common watershed issues; and WHEREAS, Irvine, Newport Beach and The Irvine Company funded a sediment monitoring program conducted by the U.S. Geological Survey from September 1982, through September 1984; and WHEREAS, the County, Irvine, Newport Beach, Tustin and The Irvine Company have, by agreement, funded a sediment monitoring program conducted by the County from September 1985, through to the present, the most recent agreement being'dated August 20, 1996; and, Agreement No. D98-034 ., l0 12 20 21 23 24 25 WHEREAS, the City of Lake Forest was incorporated in 1991 and has over 4,000 acres of watershed tributary to Newport Bay and by amendment of the AGREEMENT has become a party to the sediment control program; and WHEREAS, the Santa Ana Regional Water Quality Control Board in 1997 initiated Total Maximum Dai'ly Load (TMDL) basin plan revisions for the Newport Bay / San Diego Creek Watershed for sediment, which will establish new regulatory requirements necessitating additional monitoring and studies, and timely maintenance of the In- channel Basins; and WHEREAS the District has ownership, in fee and easement, of flood control facilities in the Newport Bay/San Diego Creek Watershed and has previously supported' the implementation of the PLAN and by amendment of the AGREEMENT 'has become a party to the sediment control program; and, WHEREAS the Irvine Ranch Water District has committed to the full maintenance of In-Channel Basins 2 and 3, but there remains a maintenance requirement for In-channel Basin 1; and, WHEREAS the September 25, 1984, agreement between the County, District, Irvine, Tustin, Newport Beach and The Irvine Company for the construction of the In-channel Basins identified that a higher level of maintenance would be the subject of separate cost negotiations; and, WHEREAS the Parties have reached agreement on a new funding formula for allocating costs for monitoring in the Newport Bay/San Diego Creek Watershed and maintenance of the In-channel Basin 1; and, · WHEREAS the Parties have reached agreement to contribute sufficient funds annually to allow cleaning of In-channel Basin 1 within 5 years and bathymetric and vegetation studies in Newport Bay within 3 years. NOW, THEREFORE, in consideration of the foregoing, the Parties agree to add Lake Forest as a party hereto and to amend, in their entirety, the agreements dated September 25, 1984 entitled, "Agreement between the County of Orange, the Orange County Flood Control District, the City of Irvine, the 'City of Tustin, the City of Newport Beach and The Irvine Company for construction of additional in-channel 2 l0 12 18 20 21 22 23 24 25 26 Agreement~.No. D98-034 facilities in San Diego Creek in furtherance of the Newport Bay Watershed-San Diego Creek Comprehensive Stormwater Sedimentation Control Plan" and dated August 20, 1996 between, the County, Irvine; Newport Beach, Tustin, and the Irvine Company entitled "Cooperative Agreement, San Diego Creek Sediment Monitoring Program" and replace as follows: Section 1. PURPOSE. This Agreement is entered into for the purpose of implementing an expanded sediment monitoring program in the Upper Newport Bay /San Diego Creek Watershed and to provide funding'for the maintenance of In-channel Basin 1. Section 2. AMENDMENT OF AGREEMENTS DATED SEPTEMBER 25, 1984 AND AUGUST 20, 1996 AS PREVIOUSLY DESCRIBED. By unanimous approval of all Parties consenting to these agreements, the said agreements are amended in their entirety by this Agreement. The County shall submit by September'l, 1998 a final accounting of expenditures related to said agreements for the fiscal year ending June 30, 1998. Each party shall make paymeht of their portion of the program cost to the County by September 30, 1998. Section 3. TERM. The term of this Agreement shall commence upon approval and execution of this document by each and every party and shall continue for so long as the monitoring of the Newport Bay/San Diego Creek watershed and the maintenance of In- channel Basin 1 is required or until terminated as provided hereinunder. Section 4. MONITORING 'AND MAINTENANCE PROGRAM . The monitoring and maintenance program shall be as described in Exhibit A which is attached hereto and made a part hereof. An annual report presenting the data and findings obtained during the previous July 1 to June 30 period shall be completed and submitted to each of the Parties by December 31 of each year and to the Regional' Water Quality Control Board, Santa Ana Region. Section 5. FUNDING FORMULA. 'Cost share .allocations shali be distributed as follows, except for those costs identified in Exhibit A as being funded individually by one of the Parties to this Agreement: · · 3 Agreement Nc. D98-034 l0 12 13 20 21 22 23 24 25 26 Cost Per Participant Participant County/District The Irvine Company City of Irvine City of Lake Forest City of Newport Beach City of Tustin % Share 29.14 25.40 15.42 6.59 16.38 7.07 The allocations shall be revised once every 5 years pursuant, to the formula provided in Exhibit B which is attached hereto and made a part hereof. Section 6. PROGRAM BUDGET AND COSTS. The County shall submit a budget for the following fiscal year to each of the Parties by February 15 of each year. The budget shall contain an explanation of any recommended program changes, an estimate of all planned expenditures and an estimate of the payment required from each Party for the . following fiscal year. The budget shall contain sufficient funds to be deposited to allow cleaning of In-channel Basin 1 within 5 years and bathYmetric and vegetation studies within 3 years of any prior work, which funding requirement is estimated to bt $500,000 and $105,000 respectively. The Parties shall be permitted to review and approve the program budget for the forthcoming year. Criteria for approval shall be affirmative responses from all of the Parties. The County and District will constitute one approving Party. The first'year proposed budget for FY 98/99 is $245,000 and the second year proposed budget is $251,000 as shown in Exhibit C which is attached hereto and made a part hereof. The annual budget shall not be exceeded without prior written consent of all of the Parties. The County shall be entitled to charge to the program all costs for direct labor, materials, equipment and outside contract services, plus an overhead charge calculated by the County Auditor-Controller which includes Public Facilities . and Resources Department overhead and. County-wide cost allocation plan. 4 l0 12 13 20 21 22 23 24 25 Agreement No. D98-034 Section 7. PAYMENTS. By September 1, 1998, or within 15 calendar days of the signing of this Agreement by the Board of Supervisors, whichever comes later, the County shall send the Parties an invoice for a deposit which constitutes a share percentage of the total anticipated first year costs identified in Exhibit C. Each of the Parties shall pay the deposit within 45 calendar days of receipt of the invoice. If at any time during a given fiscal year the program costs exceed the sum of the deposits, the County shall submit invoices to the Parties to recover the deficit provided that it is within the current approved budget. The share for each Party shall be prorated according to the formula above. Each Party shall pay the invoice within 45 calendar days of the billing date. The County shall prepare a fiscal year end accounting.within 60 calesdar days of the end of the fiscal year. If the fiscal year end accounting results in costs (net of interest earnings) exceeding the sum of'the dep°sits~ the County shall invoice each Party for its prorated share of the excess cost. uP to the amount of the current approved budget. Each Party shall pay the billing within 45 calendar days of the date of the invoice.' If the fiscal year end accounting results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits will carry forward to reduce the billings for the following year. After the initial billing for the program, the County shall invoice each party for its annual deposit at the beginning (July 1) of each fiscal year. Each Party shall pay the deposit within 45 calendar days of the date of the invoice. Each Party's deposit shall be based on it's prorated share of the approved annual budget, reduced by its prorated share of any surplus identified in the prior fiscal year end accounting. Interest earned on the Parties' deposits will not be paid to the Parties, but will be credited against the Parties' share of the program costs. Upon termination of the program a final accounting shall be performed by the Countyl If costs remaining after the deduction of interest costs exceed the sum of the deposits, the County shall invoice each Party for its prorated share of the deficit. Each Party shall pay the invoice within 45 calendar days of the date of the 5 Agreement No. D98-034 invoice. If the sum of the deposits, including interest, exceeds the costs, the 2 County shall reimburse to each Party its prorated share of the excess, Within 45 calendar days of the final accounting. 3 Section 8. AMENDMENT. This Agreement may be amended in writing only with the 4 unanimous approval of the parties. 5 Section 9. LIABILITY. It is mutually understood and agreed that, merely by the virtue of entering into this Agreement, each Party neither relinquishes liability for its own action nor assumes liability for the actions of other Parties. It is the 8 intent of the Parties that liability of'each Party shall remain the same, while this 9 Agreement is in force, as it was before this Agreement was made. l0 Section 10. TERMINATION. Any Party wishing to terminate its participation in this Agreement shall so notify all other Parties by March 1 of any year. Such termination shall be effective the following June 30. The terminating party shall be responsible for financial obligations hereunder to the extent incurred and agreed to by the Party prior to the effective dare'of termination. The balance of the Parties may continue in the performance of the terms and conditions of this Agreement on the basis of a revised allocation of cost based on the funding formula in Exhibit B. Section 11. AVAILABILITY OF FUNDS. The obligation of each Party is subject to 17 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 contract or other obligation for the future payment of money in excess of appropriations authorized by law. 20 Section 12. 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 the day and 23 year first above written: 24 25 l0 12 13 18 2O 21 22 23 24 25 26 Date: APPROVED AS TO FORM: LAURENCE M. WATSON, COUNTY COUNSEL By: Deputy Date: Agreement. No. D98-034 COUNTY OF ORANGE a political subdivision of the State of California By: Chairman of the Board of Supervisors ORANGE COUNTY FLOOD CONTROL DISTRICT a special district of the S~ate of California Chairman of the Board of'Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California Date: Agreement No. D98-03 CITY OF TUSTIN 2 Date: 3 ATTEST: 4 City Clerk , 1998 By: Mayor APPROVED AS TO FORM: City Attorney of Tu~nF V t7 l0 12 20 21 22 23 24 25 11 EXHIBIT A Newport Bay / San Diego Creek Watershed Sediment Monitoring and In-Channel Basin Maintenance Program Elements TMDL Elements PROGRAM CRITERIA TASKS FUNDING SOURCE 1. "The Sediment Committee shall conduct bathymetric and vegetation surveys for Contract bathymetdc and Shared Funding Newport Bay no less than once every three years." (TMDL, 1 .a, #1) vegetation surveys 2. "Sediment control measures shall be implemented and maintained to result in a 50% Determine compliance with Shared Funding reduction in the current load of sediment in Newport Bay/San Diego Creek Watershed 50% reduction within 10 years... This information will be compared to the bathymetric and scour studies information to determine if the monitoring data accurately reflects sediment Ideposifion in the bay and creek channels and to determine compliance with this target." (TMDL, 1 .a, fY'Z) 3. 'Compliance with this target will be evaluated by calculating the annual average Additional monitoring station Shared Funding amount of suspended solids measured in San Diego Creek at Jamboree Boulevard at San Diego Creek at (SIC-Road) and Campus Drive over a 10 year period." (TMDL, 1.a, #2) Jamboree 4. 'Compliance with this target will be evaluated by... conducting studies of the creek Establish datums / bench Shared Funding channels and topographic surveys of all the sediment control basins in the watershed to marks to monitor sediment estimate the amount of deposition.' (TMDL, 1 .a, ~2) changes (see also "208 Elements," Task 1) 5. "The Sediment Committee agencies shall provide a proposal for evaluating Develop a model for Shared Funding compliance with individual land use type load allocations...' (TMDL 1.a, #s 3 & 4) evaluating compliance with individual land use type load allocations 6. 'Any vegetation removal or earthwork conducted between March 1 and September I Annual vegetation removal / Shared Funding shall be supervised by a qualified biologist, approved by DF&G.' (TMDL, l.a, #6) earthwork; contract a qualified biologist 7. 'All in-channel and foothill sediment control basins.., shall be maintained to have at Dredging of Basins on a In-Channel=Shared Funding least 50% design capacity available prior to Nov. 15 of each year." (TMDL, 1 .a, #7) fixed schedule Foothill=District Funding 8. 'The Sediment Committee shall evaluate: 1) the amount of sediment being · To be included in Task 5 Shared Funding discharged from areas that contribute sediment to the total load discharged to Newport Above Bay.' (TMDL 1 .a, #9) 9. 'The Sediment Committee shall evaluate: ... 2) the effectiveness of the local To be included in Task 2 Shared Funding sediment control program...' ('i'MDL 1 .a, #9) 'Above 10. "The Sediment Committee shall propose monitoring stations and schedules to be Develop proposal .for Shared Funding established to monitor discharge of sediment from the Santa Ana Delhi Channel and monitoring stations and Bonita Canyon Creek." (TMDL, 1 .b, #1) schedules 11. "The Sediment Committee shall.., evaluate the effectiveness of the BMPs being To be included in Task 2 Shared Funding implemented in the watershed.' ('rMDL, 1 .b, #1) Above 12.."The Sediment Committee shall propose monitonng stations and schedules to To be included in Task 4 Shared Funding conduct the scour studies for the drainages in the watershed to be conducted annually, above 'These surveys shall determine the amount of sediment accumulated in San Diego Creek and its tributaries, the in-channel basins, and any other sediment basins in the watershed." (TMDL, 1.b, #2) 13. "Topographic and vegetation surveys of Upper Newport Bay shall be conducted at To be included in Task 1 Shared Funding least every three years, or as agreed upon by the Executive Officer." ('rMDL 1.b, #3) above 14. "The topographic and vegetation surveys shall be conducted to determine the To be included in Task 1 Shared Funding amount of sediment deposition in the two in-bay basins and the other marine aquatic above habitat areas and to determine changes in the areal extent of the existing aquatic ,wildlife and endangered species habitat areas." ('I'MDL l.b, #4) 15. "The Sediment Committee shall submit a report by November I of each year Additional November report Shared Funding certifying whether the sediment basins in the watershed have at least 50% capacity." requiring late season survey (TMDL 1.b, #5) data EXHIBIT A (cont') Newport Bay I San Diego Creek Watershed Sediment Monitoring and In-Channel Basin Maintenance Program Elements 208 Elements PROGRAM CRITERIA 1. Following the conclusion of significant storm seasons, the County Surveyor will conduct a scour study of San Diego Creek Reach 1 and 2 (between Jeffrey and Jamboree Roads) and Peters Canyon Wash Reach 1 (downstream of the Santa Ana Freeway to its confluence with San Diego Creek). 2. The Distdct operates continual streamflow stations at Barranca Parkway on Peters Canyon Wash and at Culver Drive and Campus Drive on San Diego Creek. 3. During storms greater than 0.5 inches of rain, fluvial sediment samples will be taken from each station with an attempt to COver both the ascending and descending phases of flow and the peak discharge. 4. Changes in the watershed and re-surveying a number of established channel cross- sections will be completed after major storm years. The sediment budget will be updated when necessary. 5. Bed-load grab samples, will be collected during and after the storm season from the TASKS Complete scour studies (see also 'q'MDL Elements," Task 4) Maintain streamgages Collect and analyze fluvial sediment samples Complete channel erosion studies Collect and analyze bed load FUNDING SOURCE District Funding District Funding Shared Funding Shared Funding Shared Funding In-channel basins and analyzed for particle size. 6. All local participants prepare documents describing changes in the watershed and/or stream system and engage consultants to develop information on the watershed. Participants will make this information available. 7. Sediment samples will be collected from the In-bay Basins following significant storm seasons and analyzed for particle size. 8. During significant storm events, current velocities and directions, suspended solids (including particle size distribution), water temperature and electrical conductivity will be taken in Upper Newport Bay. Sediment samples will be collected and analyzed for 3article size. grab samples Submit participant information Collect and analyze sediment samples Collect field information and analyze samples Individual Funding Shared Funding Shared Funding o ~ --o Newpo,. =3ay Sediment Monitoring Pr~,~q'am 1998-99 Proposed Budget Element Costs Line Item Cost Sub Totals · Existing Sediment Monitoring Program TMDL Program In-Bay Elements* 1. Bathymetric & Vegetation Surveys (Task 1, In-bay Elements) Non-Bay Elements 1. Determining Compliance w/Reduction Target (Tasks 1, 8 and 10, Non-bay Elements) 2. Sed. Monitoring, San Diego Creek @ Jamboree ('l'ask 2, Non-bay Elements) 3. Monitor Sedimentation Changes in Watershed (Tasks 3 and 11, Non-bay Elements) 4. Evaluating Compliance w/Land Use Allocations (Tasks 4 and 7, Non-bay Elements) 5. Additional Reporting Requirements (Task 14, Non-bay Elements) 6. Maintain New Monitoring Stations (Task 9, Non-bay Elements) One-Time Consultant & Equipment Costs 1. Determining Compliance w/Reduction Target (Task 1, Non-bay Elements) 2: Develop Model for Land Use Allocation Req. (Task 4, Non-bay Elements) 3. Develop Proposal for New Monitoring Stations (Task 9, Non-bay Elements) $45,000 $35,000 $10,000 $5,000 $20,000 $10,000 $5,000 $20,000 $25,000 $50,000 $20,000 $45,000 $35,000 $70,000 $95,000 ITOTAL COST $245,000I * does not include costs for In-ba~ Basin cleaning Cost Per Participant Participant County of Orange The lrvine Company City of Newport Beach City of Irvine City of Tustin City of Lake Forest % Share 29.14% 25.40% 16.38% 15.42% 7.07% 6.59% Cost $71,393 $62,230 $40,131 $37,779 $17,322 $16,146 TOTAL $245,000 Exhibit C (cont') Newport Bay Sediment Monitoring Program 1999-2000 Proposed Budget Element Costs Line Item Cost Existing Sediment Monitoring Program $45,000 TMDL Program In-Bay Elements* 1. Bathymetric & Vegetation Surveys (Task 1, In-bay Elements) $35,000 Non-Bay Elements 1. Determining Compliance w/Reduction Target (Tasks 1, 8 and 10, Non-bay Elements) 2. Sed. Monitoring, San Diego Creek @ Jamboree (Task 2, Non-bay Elements) 3. Monitor Sedimentation Changes in Watershed (Tasks 3 and 11, Non-bay Elements) 4. Evaluating Compliance w/Land Use Allocations (Tasks 4 and 7, Non-bay Elements) 5. Vegetation Removal / Earthwork (Task 5, Non-bay Elements) 6. Additional Reporting Requirements ' (Task 14, Non-bay Elements) 7. Maintain New Monitoring Stations (Task 9, Non-bay Elements) 8. Reserve Fund for Cleaning In-channel Basin 1 (Task 6, Non-bay Elements) $10,000 $5,000 $20,000 $10,000 $1,000 $5,000 $20,000 $100,000 ITOTAL COST Sub Totals $45,000 $35,0O0 $171,000 $281,000I does not include costs for In-bay Basin cleaning Cost Per Participant Participant County of Orange The Irvine Company City of Newport Beach City of Irvine City of Tustin City of Lake Forest % Share 29.14% 25.4O% 16.38% 15.42% 7.07% 6.59% Cost $73,141 $63,754 $41,114 $38,704 $17,746 $16,541 TOTAL $251,000 .10 12 13 14 20 21 22 23 24 25 26 SECOND AMENDMENT TO THE COOPERATIVE AGREEMENT SAN DIEGO CREEK/UPPER NEWPORT BAY WATERSHED THIS SECOND AMENDMENT to the Cooperative Agreement is made and entered into this day of , 19 _, by and between the County of Orange,. the Orange County Food Control District, the Cities of Irvine, Lake Forest, Newport'Beach, and 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. WI TN'ESSETH WHEREAS, on September 30, 1983, a cooperative agreement ("AGREEMENT") was entered into by the County of Orange, the Cities of Irvine and Newport ·Beach, The Irvine. Compan~ and the California Department of Fish and Game to implement a comprehensive sediment control plan in the San Diego Creek / Upper Newport Bay Watershed and which same AGREEMENT established the Executive Committee; and WHEREAS, in 1985 the AGREEMENT was amended to add the City of Tustin as a participant; and r WHEREAS the Orange COunty Flood Control District has ownership, in fee and easement, of flood control facilities in the San Diego Creek/Upper Newport Bay Watershed and has previously supported the implementation of the AGREEMENT; and WHEREAS, the City of Lake Forest was incorporated in 1991 and has over 4000 acres of watershed tributary to Upper Newport Bay; and WHEREAS, the Santa Ana Regional 'Water Quality Control Board in 1997 initiated Total Maximum Daily Load (~MDL) basin plan revisions for the .Newport Bay / San Diego Creek Watershed, for sediment, nutrients, toxicity and pathogens; and WHEREAS, the Irvine Ranch Water District has completed construction of the third in-channel sediment basin in San Diego Creek and is committed through other agreements to the maintenance of In-channel Basins 2 and 3; and, . l0 12 2O 21 22 24 WHEREAS, the parties desire to expand the membership party to the AGREEMENT to include the Orange County Flood Control District, the City of Lake Forest, the Regional Water'Quality Control Board, Santa Ana Region, and the Irvine Ranch Water District; and WHEREAS, the parties desire to expand the scope of the AGREEMENT to work cooperatively on alleviating nutrient impairments in Newport' Bay and on other common issues that will enhance Newport Bay and its watershed. NOW, THEREFORE, in consideration of the foregoing, the parties hereto and pursuant to Section 3 of the AGREEMENT, unanimously agree to amend the AGREEMENT to add the Orange County Flood Control District, the City of Lake Forest, the Regional Water Quality Control Board, Santa Aha Region, and the Irvine Ranch Water District as parties hereto. The parties further unanimously agree that the terms and conditions of the AGREEMENT remain in full force and effect except for the amendment of Sections 1 and 4 and.the addition of a new Section 11 to read in their entirety as follows: SECTION 1 - Purpose. This AGREEMENT is entered'into for the purpose of providing a forum to evaluate and assess progress ~owards implementing the Comprehensive Storm Water Sedimentation Control Plan prepared for SCAG by the Cities of Irvine and Newport Beach under the Federal 20.8 Water Quality Planning Program, to formulate pr.oject implementing agreements for the elements of the Plan and to evaluate and assess the effectiveness of the various elements of the Plan. This AGREEMENT is also entered into for the purpose of working cooperatively on alleviating nutrient impairments present, in Newport Bay and its watershed and other common watershed issues which will enhance Newport Bay and its watershed and are approved by the Executive Committee, as defined hereunder. SECTION 4. Executive Committee. Each participant shall appoint a member and an alternate to an Executive Committee except for the Orange County Flood Control District which shall be represented by the County. The members so appointed shall elect a chairman to serve a two-year term. The committee shall meet from time to time upon request of the chairman, but at least every six months. 2 ,8 l0 12 18 20 21 22 23 24 25 26 The Executive Committee shall be responsible for reviewing and reporting to the parties as to whether adequate and reasonable progress is being made in the implementation of the plan and on progress on other common watershed issues. The Executive Committee shall be known as the Newport Bay Watershed Executive Committee. SECTION 11. 'AGREEMENT Execution. 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 the day and year first above written. 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 special district of the Stare'of California By: Chairman of the Board of Supervisors APPROVED AS TO FORM: LAURENCE M. WATSON, COUNTY COUNSEL SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: Deputy By: DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California Date: Date: 4 CITY OF TUSTIN Date: ATTEST: City Clerk l0 12 20 21 22 23 24 25 26 , 1998 By: Mayor APPROVED AS TO FORM: City Attorney o~/T s~ln u 7