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HomeMy WebLinkAboutCC 7 S.D. CREEK WTRSHD 9-17-84A m~mmml~ I CONSENT CALENDAR 'Ii I ll Ill NO. 7 FROM- BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: COOPERATIVE AGREEMENT - SAN DIEGO CREEK/UPPER NEWPORT BAY WATERSHED RECOMMENDATION: That the'Tustin City Council, at their meeting of September 17, 1984, authorize the Mayor to execute the Cooperative Agreement for San Diego Creek/Upper Newport Bay Watershed on behalf of the City and to designate a Councilperson and an alternate as a member to the Executive Committee of the San Diego Creek/Upper Newport Bay Watershed, subject to final review and approval of the Agreement by the City Attorney's office. BACKGROUND: On August 20, 1984, the City Council approved the City's participation in the Implementation Agreement for in-channel facilities along the San Diego creek. As a part of this approval, it was suggested that the subject Cooperative Agreement be amended to include Tustin as a member of the Executive Committee of the San Diego Creek/Upper Newport Bay Watershed. The original Cooperative Agreement has been revised by the attached Agreement to include Tustin as a member to the Executive Committee. DISCUSSION: The attached Agreement, as revised, now includes the City of Tustin as an executive member in addition to the previously designated agencies of the Cities of Newport Beach and Irvine, the County of Orange, California Department of Fish and Game and the Irvine Company. The Executive Committee will provide a forum to evaluate and assess progress toward implementing the Comprehensive Storm Water Sedimentation Control Plan as mandated by the Federal 208 Water Quality Planning Program, 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. Any amendments to this Agreement will require unanimous approval of all parties. Each party to the Agreement is required to appoint a member and an alternate to the Executive Committee. Members from each of the Cities are designated as Councilpersons. COOPERATIVE AGREEMENT - SAN DIEGO CREEK/UPPER NEWPORT BAY WATERSHED AUGUST 30, 1984 PAGE 2 The term of this Agreement shall continue until three or more of the parties withdraw by providing written notice of withdrawal to the other parties of this Agreement. The City Attorney has reviewed and approved this Agreement. Bob Ledendecker Director of Public Works/City Engineer BL:Jr Attachment COOPERATIVE AGREEMENT ,SAN DIEGO CREEK/UPPER NEWPORT BAY WATERSHED THIs AGREEMENT i's 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. WITNESSETH WHEREAS, the Cities of Newport Beach and Irvine have entered into a Cooperative Agreement with the Southern California Association of Governments for'the development of a Comprehensive Storm Water Sedimentation Control Plan for the San Diego'Creek basin, hereafter referred to as "the Plan"; and, WHEREAS, the Plan has been completed; and, WHEREAS, the primary purpose of the Plan is to reduce sedimentation of Newport Bay; and, WHEREAS, the sediment affecting Newport Bay origi~a, tes 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 N~wport Bay may continue to be degraded and large amounts of sediment may be deposited in lower Newport Bay, thus impairing the valuable small boat, co,,.ercial and recreational 1 and uses; and, WHEREAS, Land Management Practices are being implemented as recommended in the Plan and should reduce erosion of agricultural lands and construction sites resulting in reduction of sediment deposits in upper Newport Bay; and, WHEREAS, the Cities of Irvine and Newport Beach in their agreement with SCAG have agreed to assist SCAG in obtaining implementation commitments; and, WHEREAS, the California Department of Fish and Game is charged with the responsibility-of maintaining the ecological preserve in upper Newport Bay; and, lof6 ~HEREAS, the County of Orange has jurisdiction over construction ~ctivities in the unincorporated area of the San Diego Creek basin and is responsible for maintaining the dedicated portions of the major flood control channels; and, WHEREAS, the Cities of Irvine, Tustin, and Newport Beach have jurisdiction over construction activities within most of the incorporated area of the San Diego Creek basin; and, WHEREAS, The Irvine Company is the owner of most. of the agricultural lands and owns most of the land upon which future' c~nstruction acitivities will occur and owns the lands on which the majority of the drainage channels in the San Diego Creek watershed are located; and, WHEREAS, the parties have limited resources with which to address the'implementation of the Comprehensive Storm Water Sedimentation Control Plan and it is recognized that any effective implementation of the Plan will depend upon availability of funding sources at the regional, state and federal levels; and, WHEREAS, it is desirable to provide a forum of interested parties to.evaluate and asses.s progress toward.implementation of i~be Plan; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: Section 1. The Cooperative Agreement dated September 30, 1983, entered into by all the parties except the City of Tustin for the same. purposes set forth in this Agreement is hereby terminated. Section 2. Purpose. This Agreement is entered into for the pur- pose of providing a forum to evaluate and assess progress toward implement- ing the Comprehensive Storm Water Sedimentation Control Plan prepared for SCAG by the Cities of Irvine and Newport Beach under the Federal 208 Water Quality Planning Program, 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. Section 3. Additional Parties. It is recognized that there are other parties within the watershed that have responsibilities for controlling sediment. These parties include the Cities of Costa Mesa, Orange, and Santa Ana, the U. S. Department of Defense, and owners of large undeveloped 2of6 parcels of land. In order to expedite implementation of this Agreement, these other parties have not been included. However, the parties hereto. agree to request these other parties to implement the Land Management Practices reco,m~nded in the Plan and in addition, one or more of these parties may be requested to participate in future project implementing agreements. Section 4. Amendment. This Agreement may be amended only with the unanimous approval of all parties. Section 5. Executive Committee. Each of the parties shall appoint a member and an alternate to an Executive Committee. The members so appointed shall elect a chairman to serve a two-year term. The Committee shall meet from time to time upon the request of the chairman, but at least every six months. The Executive Committee shall be responsible for review- ing and reporting to the parties as to whether adequate and reasonable progress is being made in the implementation of the Plan. Section 6. The plan consists of the following elements and schedules: Ae Be Elements Improve agricultural land management~practices High erosion areas Remaining areas ~mprove construction Land management practices Schedule Complete RCPs by 11/83 .. Implement by 11/84 Complete RCPs by 11/84 Implement by 11/85 Grading Ord. Changes: By 9/84 Training Programs: Begin 1/84 Install and maintain in-channel basins Implementing Agreement: Construction of Basins: Begin 5/85 Complete by 1988 7/84 Install and maintain basins in upper Newport Bay Implementing Agreement: Construction of Basins: Begin 5/85 Complete by 1990 7/84 Channel Stabilization Undeveloped areas: As condition of develop- ment Dedicated channels: Inventory of deficiencies Stabilization 1/84 7/84 Begin 7/84 Complete 1988 Fe Foothill basins Incorporation into drainage master plan Construction As part of plan development Concurrent with stabilization of downstream channels 3of6 Schedule Elements G. Monitori-ng Cooperative agreement 7/84 Bay monitoring Develop program 1/84 Implement 7/84 The parties hereto agree to use their best efforts to formulate agreements to implement the Plan. Section 7. Improve agricultural and construction land management practices. The Cities of 1trine, Tustin, and Newport Beach and the County of Orange shall consider adoption of programs and/or enforcement of ordinances within each agency's jurisdiction sufficient 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 consis- tent with preservation of upper Newport Bay, as set forth in the Plan. Section 8. Project Implementation Agreements. Implementation of the Plan elements shall be accomplished through Project Implementation Agreements. These Agreements shall designate a lead agency and shall provide for funding the anticipated construction and maintenance costs. The parties to this Agreement as well as other parties in the watershed may be participants in these Project Implementation Agreements. .. Section 9. Termination. The term of this 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 11 below. In addition, this Agreement shall auto- matically terminate if after three years the Project Implementation Agreement for Plan Elements C and D have not been executed. If this Agreement is terminated, then the parties hereto agree to consider the formation or designation of an agency to attempt to carry out the implementation.of the Plan Elements set forth in Section 5. Section 1D. Grants. All parties shall use their best efforts to aid the lead agencies designated in Project Implementation Agreements to obtain grants to fund construction and maintenance of the various projects. -Section 11. Withdrawal of Parties. Any of the parties to this Agreement may withdraw by giving written notice of withdrawal to the 4of6 other parties to this Agreement. The withdrawing party shall be responsible for financial obligations hereunder only to the extent incurred and agreed to by the party prior to the effective date of withdrawal. The balance of the parties shall continue in the performance of the terms and conditions of this Agreement unless and until the Agreement is terminated as provided in Section .9 above. 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 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 Supervisor~ APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Cl~rk of the Board of Supervisors of Orange County, California CITY OF IRVINE Dated: ATTEST: By Mayor APPROVED AS TO FORM: City Clerk CITY OF NEWPORT BEACH Dated:. ATTEST: 'City Attorney of Irvine , 1984 By Mayor APPROVED AS TO FORM: City Clerk CALIFORNIA DEPARTMENT OF FISH AND GAME Dated: , 1984 CITY OF TUSTIN Dated: ATTEST: , 1984 City Attorney of Newport Beach By Director By Mayor APPROVED AS TO FORM: City Clerk City Attorney of Tustin 5 of 6 THE IRVINE COMPANY Dated: APPROVED AS TO FORM: , 1984 By President Attorney for The Irvine Company By Senior Vice President 6of6