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HomeMy WebLinkAboutCC 8 S.D. CREEK WTRSHED 1-7-85I'II'-IMi 8 TO: WILLIAM HUSTON, CITY MANAGER FROM: BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: COOPERATIVE AGREEMENT - SAN DIEGO CREEK/UPPER NEWPORT BAY WATERSHED RECOMMENDATION: That the Tustln City Council, at their meeting of January 7, 1984, authorize the Mayor to execute the first amendment to the Cooperative Agreement for the San Diego Creek/Upper Newport Bay Watershed subject to the final approval of the City AttorneyLs office. BACKGROUND: On September 17, 1984, the City Council executed the Cooperative Agreement for the In-Channel San Diego Creek/Upper Newport Bay Watershed, which was a revision to the original agreement dated 9-30-83 to include the City of Tustin as a member agency. The original Cooperative Agreement (9-30-83) is referenced in another Agreement, the In-Bay Improvement Agreement, of which Tustin in not apart. It appears that an amendment to the Cooperative Agreement would be much simpler to accomplish than revising the original In-Bay Agreement. DISCUSSION: The attached first amendment to the Cooperative Agreement for the San Diego Creek/Upper Newport Bay Watershed provides for the addition of Tustin as a participating party (Executive Committee member) to the decision making process for matters related to the San Diego Creek/Upper Newport Bay Watershed. The original Cooperative Agreement included five members: County of Orange The Irvine Company Department of Fish and Game City of Newport Beach City of Tustin Execution of this first amendment by the City of Tustin and all the above mentioned parties will add Tustin as a member of the Executive Committee which acts as a forum to evaluate and assess progress toward implementing the Storm Water Sedimentation Control Plan for the subject watershed. This Agreement has been forwarded to the City Attorney"s office for review and approval. ecker Director of Public Works/City Engineer BL:jr FIRST AMENDMENT TO COOPERATIVE AGREEMENT SAN DIEGO CREEK/UPPER NEWPORT BAY WATERSHED THIS FIRST AMENDMENT tO Cooperative Agreement is made and entered into this day of , 1984, by and between the County of Orange, the City of Irvine, the City of Newport Beach, the California Department of Fish and Game, The Irvine Company and the City of Tustin. WI TNES SETH WHEREAS, the parties hereto, with the exception of the City of Tustin, did on September 30, 1983, enter into a Cooperative Agree- ment for the purpose of providing a forum to evaluate and assess progress toward implementing the Comprehensive Sto=~, Water Sediment- ation Control Plan (Plan) prepared by the Cities of Irvine and Newport Beach, to formulate project implementing agreements for the elements of the Plan, and to evaluate and assess the effectiveness of the various elements of the Plan; and, ~6EREAS, said. Cooperative Agreement recognized that entities other than the parties to the agreement have responsibilities for controlling sediment in the San Diego Creek/Upper Newport Bay Water- shed and may choose to participate in future project implementing agreements; and, WHEREAS, the City of Tustin, as do the Cities of Irvine and Newport Beach, has jurisdiction over construction activities within the incorporated area of the San Diego Creek basin; and, WHEREAS, the City of Tustin has been requested to and has agreed to implement the Land Management Practices recommended in the Plan and to participate in a project implementing agreement; NOW, THEREFORE, it is mutually agreed between the parties hereto that the September 30, 1983 Cooperative Agreement is hereby amended to add the City of Tustin as a party thereto, and Section 7 of said agreement is amended to include the City of Tustin among those designated parties which shall consider adoption of programs and/or enforcement of ordinances within their jurisdiction sufficient to implement Elements A and B of the Plan. Except as herein amended, all other terms and conditions of said Cooperative Agreement remain unchanged and in full force and effect. 1 of 3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Cooperative Agreement the day and year first above written. COUNTY OF ORANGE, a political subdivision of the State of California Dated: , 1984 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: Chairman of their Board of Supervisors APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By Clerk of the Board of Supervisors of Orange County, California CITY OF IRVINE Dated: ~ & , 1984 ATTEST: Mayor/~ . City ~ttor/f~y of Irvine CITY OF NEWPORT BEACH Dated: ~ ,'~ / ATTEST ?~ City Clerk - /~,~ , 1984 Ma~6r l-' ~ ~ty Att'okfi~y of NeQport Beach CALIFORNIA DEPARTMENT OF FISH AND GAME Dated: , 1984 By Director CITY OF TUSTIN Dated: ATTEST: , 1984 By Mayor APPROVED AS TO FORM: City Clerk City Attorney of Tustin 2 of 3 THE IRVINE COMPANY Dated: , 1984 APPROVED AS TO FORM: ~ttorne~ q:or The Irvine Co, any Pr~sideni~ ~ By 6of6