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Home My WebLink About07 APPROVE FIRST AMENDMENT TO AGREEMENT NO. D11-0665.. AGENDA REPORT Reewedm Agenda 7 v City Manager Finance Director MEETING DATE: JUNE 16, 2015 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVE FIRST AMENDMENT TO AGREEMENT NO. D11-066 TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL) PROGRAMS IN THE NEWPORT BAY WATERSHED SUMMARY Agreement No. D11-066 provides for the joint funding of the Nutrient, Fecal Coliform, and Toxics studies in the Newport Bay Watershed pursuant to provisions of Section 303(d) of the Federal Clean Water Act and the Total Maximum Daily Load (TMDL) as adopted by the Santa Ana Regional Water Quality Control Board and the United States Environmental Protection Agency. The Agreement was for a three year period and is set to end on June 30, 2015. The first Amendment will renew Agreement No. D11-066 for another three year period to end June 30, 2018. RECOMMENDATION It is recommended that the City Council approve the First Amendment to Agreement No. D11- 066, Agreement to Fund Nutrient, Fecal Coliform and Toxics TMDL Programs in the Newport Bay Watershed, and authorize the Mayor and City Clerk to execute the document on behalf of the City. FISCAL IMPACT Sufficient funding in the amount of $90,000 in FY 2015/2016 and $94,000 in FY 2016/2017 for the City's annual contribution is included within the Public Works Operating Budget for Water Quality. CORRELATION TO THE STRATEGIC PLAN The approval of the amendment contributes to the fulfillment of the City's Strategic Plan Goal G: Strong Community and Regional Relationships. Specifically, this project implements Strategy #2, which encourages working collaboratively with agencies outside Tustin on issues of mutual interest and concern to the parties Amend Agreement No. D11-066 June 16, 2015 Page 2 BACKGROUND In 1998, the Santa Ana Regional Water Quality Control Board identified the Newport Bay and San Diego Creek as impaired water bodies. As a result, the Environmental Protection Agency and the Santa Ana Regional Water Quality Control Board adopted several Total Maximum Daily Loads (TMDLs) for the Newport Bay Watershed. The TMDLs contain requirements for studies, monitoring and the development of programs to attain reduction targets over a multi- year period. In 2009, the TMDL requirements were incorporated into the current National Pollutant Discharge Elimination System (NPDES) Stormwater Permit issued by the Santa Ana Regional Water Quality Control Board. Agreement No. D11-066 was developed as an instrument to fund these programs and identifies the funding partners as the County of Orange, Orange County flood Control District, Irvine Ranch Water District, The Irvine Company, Lennar Homes of California, and the Cities of Costa Mesa, Irvine, Laguna Hills, Laguna Woods, Lake Forest, Newport Beach, Orange, Santa Ana, Tustin, with the County of Orange acting as the lead agency. In the past three years, the working group has developed a strategic plan to address these TMDLs, identified cost effective solutions as a whole such as sewer diversion lines, acquired grants, advocated for and achieved the removal of harsh recreation standards for concrete lined channels, reduced bacteria sample counts in the bay, and developed a more efficient monitoring program. As a result, the Newport Bay Watershed has achieved significant results that could not have been produced by each party acting alone. The Agreement is set to expire on June 30, 2015. The first Amendment to D11-066 will renew the agreement for another three years. The amendment will enable the parties to continue moving forward in a holistic approach and stay on target to meet our 2019 compliance deadline. The City Attorney has reviewed and approved the First Amendment to Agreement D11-066 "as to form". It is therefore recommended that the City Council approve the First Amendment and authorize the Mayor and City Clerk to execute the document on behalf of the City. %S Stack, P.E. of Public Works/City Engineer Attachment: First Amendment to Agreement No. D11-066 s anca�m uanuouta.a u.,nns�zmispm�, . DII a AmwvrwOoeamaman i scmx Amendment #1 to Agreement No. D11-066 FIRST AMENDMENT TO AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD ("TMDL") PROGRAMS IN THE NEWPORT BAY WATERSHED This first amendment ("Amendment") to the Agreement No. D11-066 ("Agreement") is made and entered into this day of. 2015 by and between the County of Orange ( "County"), the Orange County Flood Control District ("District"), the City of Costa Mesa ("Costa Mesa'), the City of Irvine ("Irvine"), the City of Laguna Hills ("Laguna Hills"), the City of Laguna Woods ("Laguna Woods"), the City of Lake Forest ("Lake Forest"), the City of Newport Beach ("Newport Beach"), the City of Orange ("Orange"), the City of Santa Ana ("Santa Ana"), the City of Tustin ("Tustin"), the Irvine Ranch Water IP District "IRWD" , Irvine Company "TIC" an Lennar Homes o California,Ca i ornia, Inc.Inc.Lennar"The fourteen entities are sometimes referred to WHEREAS, the Parties entered into Agreement the "Parties" three year period through June 30, 2015 to rovide nding for the Nutrient, Fecal Coliform and Toxics TMDL programs in the Newport Bay Watershed; WHEREAS, Section 2 of the Agreement states that "(T)he AGREEMENT may be renewed for an additional three (3) years running July 1, 2015 une 30, 8 with approval of the PARTIES"; and WHEREAS, the Parties, through this Amendment, now desire to renew the Agreement for three (3) additional years until June 30, 2018. IV 11 NOW THE , for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, THEN, hereby agree as follows: 1. Term. The term of Agreement shall be renewed for a period of three (3) years running July 1, 2015 to June 30, 2018. 2. Capitalized Terms. Any capitalized terms not defined herein shall have the meanings set forth in the Agreement. 589994 1 of 15 Amendment #1 to Agreement No. Dl1-066 3. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 4. Full Force. Except as expressly set forth herein, the Agreement shall remain unmodified and in full force and effect. 589994 2 of 15 Date: APPF COUI By Deputy Date: Amendment #1 to Agreement No. D11-066 COUNTY OF ORANGE, a political subdivision of the State of California M Chairman of the Board of Supervisors County of Orange, California ORANGE COUN FLOOD CONTROL DISTRICT a bodyxx By: Chairman of the Board of Supervisors SIGNE AND CERTIFIED THAT A Y OF THIS AGREEMENT HAS BEEN DELIVERE TO THE %AIROFLEB ARDPERG.C.Sec25103,Reso79- ttest MA Robin Interim 9hrk of the Board County of Orange, California 589994 3 of 15 Date: APPROVED AS TO FORM: ATTEST: City Clerk Amendment #1 to Agreement No. Dll-066 CITY OF COSTA MESA in Mayor ■ City Attorney of Costa 589994 4 of 15 Date: APPROVED AS TO FORM: ATTEST: City Clerk Amendment #1 to Agreement No. Dll-066 CITY OF IRVINE 0 Mayor 13 City Attorney of Irvine 589994 5 of 15 Date: APPROVED AS TO FORM: ATTEST: City Clerk Amendment #1 to Agreement No. Dll-066 CITY OF LAGUNA HILLS 0 Mayor ■ City Attorney of Laguna 589994 6 of 15 Date: APPROVED AS TO FORM: ATTEST: City Clerk Amendment #1 to Agreement No. Dll-066 CITY OF LAGUNA WOODS 0 Mayor ■ City Attorney of Laguna Woods 589994 7 of 15 Date: APPROVED AS TO FORM: ATTEST: City Clerk Amendment #1 to Agreement No. Dll-066 CITY OF LAKE FOREST 0 Mayor 13 City Attorney of Lake 589994 8 of 15 Date: APPROVED AS TO FORM: ATTEST: City Clerk Amendment #1 to Agreement No. Dll-066 CITY OF NEWPORT BEACH 0 Mayor ■ City Attorney of Newport Beac 589994 9 of 15 Date: APPROVED AS TO FORM: ATTEST: City Clerk Amendment #1 to Agreement No. Dll-066 CITY OF ORANGE 0 Mayor ■ City Attorney of Orange 589994 10 of 15 Date: APPROVED AS TO FORM: ATTEST: City Clerk Amendment #1 to Agreement No. Dll-066 CITY OF SANTA ANA 0 Mayor 13 City Attorney of Santa Ana 589994 11 of 15 Date: APPROVED AS TO FORM: ATTEST: City Clerk Amendment #1 to Agreement No. Dll-066 CITY OF TUSTIN 0 Mayor ■ City Attorney of Tustin 589994 12 of 15 Date: Amendment #1 to Agreement No. Dll-066 THE IRVINE RANCH WATER DISTRICT 0 Name: Title: Name: 589994 13 of 15 am Amendment #1 to Agreement No. Dll-066 IRVINE COMPANY Name: Title: 589994 14 of 15 Amendment #1 to Agreement No. Dl1-066 Lennar Homes of California, 0 Title: By: 589994 15 of 15