HomeMy WebLinkAboutNB 1 S.D. CREEK SEDIMEN 8-20-84AGENDA__
DATE: JULY 27, 1984
NEW BUSINESS
NOo 1
8-20-84
Inter- Corn
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SAN DIEGO CREEK SEDIMENTATION CONTROL PROGRAM {INFORMATIONAL REPORT)
RECOMMENDATION:
That the Tustin City Council, at their meeting of August 20, 1984, authorize the
Mayor to execute the I~lementation Agreement for in-channel facilities along San
Diego Creek subject to the City Attorney's approval.
BACKGROUND:
The City of Tustin has been requested to participate in the Newport Bay
Watershed-San Diego Creek Storm Water Sedimentation Control Program by the Orange
County Board of Supervisors, which provides for the construction of in-channel
facilities in San Diego creek.
In May, 1984, staff had reviewed the draftAgreement for the implementation of
in-channel facilities and had surfaced several concerns. These concerns had been
forwarded to County staff and all have been appropriately addressed.
This Agreement would provide for participation by the following agencies at the
designated percentages:
County of Orange ................... 41%
Irvine ............................. 8%
The Irvine Company ................. 42%
Tustin ............................. 6%
Newport Beach ...................... 3%
DISCUSSION:
The Sedimentation Control Plan consists of the following elements:
° Improved agricultural land management practices
° Improved construction land management practices
° Additional sedimentation control facilities in San Diego Creek
° Additional sediment management facilities in upper Newport Bay
° Stabilized drainage channels
° Foothill dams
° Monitoring of sediment transport
The County of Orange has accepted the role of lead agency in the implementation of
the additional sedimentation control facilities in San Diego Creek and the
proposed Agreement is an instrument to implement these in-channel facilities.
SAN DIEGO CREEK SEDIMENTAITON CONTROL PROGRAM
JULY 27, 1984
PAGE 2
Preliminary cost figures for all the steps of the Agreement for the in-channel
facilities have been summarized as follows and are very conservative or worst case
estimates:
Annual
Project Funding Contract Maint. and
Agency % Report Applications Document Construction Depreciation
County 41 $12,300 $20,500 $28,700 $1,025,000 $150,000
Irvine 8 2,400 4,000 5,600 200,000 29,000
Irvine Co. 42 12,600 21,000 29,400 1,050,000 154,000
Tustin 6 1,800 3,000 4,200 150,000 22,000
Newport Beach 3 900 1,500 2,100 75,000 11,000
$30,000 $50,000 $70,000 $2,500,000 $366,000
The current project is to include three additional in-channel sedimentation basins
along San Diego Creek and is made up of five steps as outlined above. Each of these
elements can be funded and scheduled independently or in conjunction with other elements.
A Cooperative Agreement has been established between Irvine, Newport Beach, State
Department of Fish and Game, The Irvine Company, and the County of Orange, which has
created an Executive Committee made up of members from each agency. It is suggested
that if Tustin participates in the Implementation Agreement, that the previously
mentioned Cooperative Agreement be amended to include Tustin as a member of the
Executive Committee. This member would be a Councilpe~son which would provide Tustin an
active part in the decision making process of the committee.
This Agreement provides for each step to be implemented on an individual basis. For
steps one through four, the Executive Committee will determine if adequate funds have
been Provided to proceed and if unavailable theAgreement may be terminated.
The previously mentioned fundi.ng figures do not include any outside grant monies from
Federal/State or other agencies. Any amounts obtained from these outside sources will
decrease each participating agency share by the amount of their participating
percentage. It is anticipated that grants will be applied for and obtained to fund the
majority of the costs of the contract documents and construction.
As previously indicated, all prior staff concerns have been addressed in the revised
draft Agreement and staff recommends that the City participate in the San Diego Creek
Sedimentation Control Plan. The City Attorney's office has been forwarded a copy of the
draft Agreement for their review and approval-if appropriate.
Bob Ledendecker
Director of Public Works/City Engineer
BL:jr
County A~ -.ernent No~
IMPLEML ~'ATION AGREEMENT
IN-CHANNEL FACILITIES
REVISED JULY 9, i98g
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 FACILITIES IN SAN DIEGO CREEK IN FURTHERANCE
OF THE NEWPORT BAY WATERSHED-SAN DIEGO CREEK COMPREHENSIVE
STORMWATER SEDIMENTATION CONTROL PLAN
This AGREEMENT made and entered into this day of
by and between the County of Orange, hereinafter referred to as "County"; the Orange County
Flood Control District hereinafter referred to as "Dlstrict";[City of Newport Beach, hereinafter
referred to as "Newport Beach"l the City of Tustin, hereinafter referred to as '~ustin"; the City
of Ir~ine, hereinafter referred' to as "Irvine", and The Irvine Company. The six entities are
hereinafter sometimes jointly referred to as the "Parties."
s s E T H
WHEREAS, the sedimentation in Newport Bay has adversely affected the Upper Newport Bay
State Ecological Reserve, navigation, recreation, and the environmental and scenic values of
Newport Bay, a significant natural regional asset; and
WHEREAS; the Parties share a concern for the maintenance of the Bay as a high-quality natural
regional resource; and .'
WHEREAS, information is now available so that implementation of a sedimentation control
program can be initiated; and
WHEREAS, the Comprehensive Sedimentation Control Plan, which consists of several elements in-
cluding additional sediment control facilities in the Bay and San Diego Creek, constitutes a plan
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for reducing the influx of sediment to and the impact of sedimentation on the Bay~ and .
WHEREAS, the Parries wish to ioin together in this Agreem. ent to accomplish .the construction of
additional sedimentation and flood control facilities'in the lower reaches of the San Diego Creek
watershed,
NOW, THEREFORE~ for and in consideration of the mutual covenants and conditions hereinafter
stated~ the respective parties hereto do agree as follows=
Section i. Definitions.
Proiect= The design and construction of additional sedimentation and flood control
facilities in and/or adiacent to San Diego Creek and/or its tributaries.
The Project is proposed to reduce the influx of sediment to Upper Newport Bay and
provide flood control benefits in San Diego Creek. The portion of any facilities which provide
only a sediment control benefit for Upper Newpoct Bay shall be a ]pint project of all the Parties
except the District. The District or adiacent developers under terms of a separate agreement or
conditions of a development approval shall be solely responsible for the flood control facilities.
As initially contemplated~ the project is intended to include three additional in-chan-
nel sedimentation basins as described in Exhibit A. This and other alternatives will be evaluated
by the Proiect~ Report described in Section 5.
Steps= Elements of the Project which can be funded and scheduled independently or in
conjunction with other elements.
Share: Portion of Project step cost allocated to a party to the agreement.
Overhead: Overhead rates for County charges shall be calculated by the County
Auditor-Controller for the applicable fiscal year.
Allocated Costs= The allocated costs for each step shall be County's direct and
overhead charges for materials, labor, and direct supervision for work performed by the County
and County's actual contract cost, plus County's direct and overhead costs for contract
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administration for work which the County has performed by contract plus expenses incurred as a
result of litigation associated with this proiect.
Fiscal Year: The fiscal year for the Project will begin on July 1 and end on June 30 of
the following calendar year.
Executive Committee: The Executive Committee shall be that created by the
Cooperative Agreement bet~veen the cities of Irvine and Newport Beach, the State Department of
Fish and Game, The Irvine Company and the County of Orange dated September 20, lggJ.
Section 2. Purpose.. This Agreement is made for the purpose of accomplishing the
Project in furtherance of the Upper Newport Bay-San Diego Creek Comprehensive Stormwater
Sedimentation Control Plan, including but not limited to preparation of grant applications,
contract documents, securing approvals, arranging financing and construction administration
activities. The. objective of the Project is the reduction of sediment entering the Upper Newport
Bay Ecological Reserve consistent with facilitation of flood control objectives.
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 Project
facilities are needed for the protection of the Upper Newport Bay Ecological Reserve or until
terminated as provided hereinafter.
Section 4. Termination and Amendment.
(a) This Agreement may be terminated or amended at any time by the unanimous
consent of the Parties, or as otherwise provided herein, except that no termination or amendment
may be made which is contrary to any agreement previously entered into by Party(les) in reliance
On this agreement for purposes approved by the Executive Committee or which is contrary to a
grant agreement entered into by parties with any department or branch of the State or with the
United States of America or any other entity for funds to be used to implement this Agreement.
(b) At each step identified in section il, each party will indicate 11~ intent to
participate by providing funds for its allocated costs for that step. Should a party fail to provide
funds, its costs will be distributed to the remaining 'parties as described in Section 10.
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(c) At steps one through four identified in Section 11~ the Executive Committee will
determine if adequate funds have been provided to proceed. If adeqUate funds cannot be secured
to fund a step through to completion, the agreement may be terminated.
(dj If the agreement is terminated, all documents become the property of the County.
{e) Addltional en~ties may becom& parties to this agreement provided the parties to
this agreement consent unanimously.
(f) This Agreement may be suspended for one or more years by .unanimous vote of the
Executive Committee. At the time any suspension is agreed to, the length of time of the suspen-
sion will also be agreed to and the Executive Committee shall be responsible for reinit~ting its
functions as described herein following the suspension period.
Section 5. Design? Fundin)~ Construction and Maintenance of Project
(a) Step 1: Project Report,. The County shall investigate and evalUate alternatives,
recommend one and prepare a preliminary cost estimate and the necessary environmental
documentation. The report shall Include an allocation of the preliminary cost to sediment and
flood control facL[ities. The recommended alternative and cost nllocation shall be submitted to
the Executive Committee for approval of the sediment control elements of the Project.
(b) Step 2'. FundinR Applications. County shall act as Lead Agency in applying for
Federal~ State and/or other funds~ and the other Parties shall support the applications. Any
shortfall remaining after avnilabIe outside funds have been secured will be financed by the Parties
hereto~ as described, hereinbelow.
(c) Step 3: Contract Documents. County shall prepare Contract Documents required
to award a contract for the construction of the Project~ including but not limited to permits~
approvals~ environmental documents~ and bidding documents.
(dj Step ~: Construction. County shalladvertlse~ award, and administer the
construction contract,
(e) Step ): Operation and Maintenance. The completed Project facilities shall be
integral parts of the San Diego Creek Channel; however, they shall not reduce the flood-carrying
capacity of the channel. County and/or District shall continue to operate and maintain the
channel and will operate and maintain the Project to be constructed under this Agreement in such
a way as to accomplish its flood control purpose. The parti?s agree that such level of mainte-
nance should be adequate to control the influx of sediment to Upper Newport Bay. If at any time
the Executive Committee deems it appropriate to engaBe in a hiBher level of maintenance, the
cost theremf shall be the subiect of separate negotiation.
Section 6. Lead A~enc. f. The County shall be Lead Agency for implementin§ the
sediment control element of the Project as approved by the Executive Committee and in obtainin§
outside funding for the Project. The County shall also be Lead ABency in compliance with the
California Environmental Quality Act. The County shall consult with the other Parties in the
preparation of the Project report, desiBn of the Project and in the resolution of construction
problems, but County!s decision will be final. The Other Parties shall participate as responsible
a§encies defined by CEQA and provide full cooperation in the preparation of and shall support
County's grant appllc~tions~ environmental docum.ents, permit applications, and requests for local
approvals.
Section 7. Executive Committee. The Executive Committee shall be that created by
the Cooperative Agreement dated September 30, 1983. The Executive Committee shall meet as
necessary, but at least once every six months. The Executive Committee shall make recom-
mendations to the Parties toward accornpllshment of the objectives of this Agreement; approve a
sediment control alternative; approve budget recommendations to the Parties for construction and
contract administration costs~ provide communications among the Parties; evaluate policy options
and funding opportunities; develop strategy, implement decisions, and monitor performance.. All
actions by the Executive Committee relative to this a~reement must be approved by a majority of
the parties to this a$reement unless otherwise specified by this agreement. The Executive
Committee may appoint subcommittees as needed. The Project Manager as desisnated in Section
? shall attend all meetinss of the Executive Committee until construction of the Project is
completed.
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The County member of the Executive Committee will represent both the County of
Orange and the Orange County Flood Control District.
Section 8. Technical Liaison Committee. Technical liaison among the Parties shall be
accomplished by a Technical Liaison Committee. Each of the Parties shall appoint a member and
an alternate to the Technical Liaison Committee. The County member shall be Project Manager
of the Project. The Technical Liaison Committee shall meet as necessary and shall be responsible
for timely exchange of information, consultation on and resolution of technical issues, and for
providing timely support.to the County by the other Parties.
Section 9. Project ManaRer. County shalZ appoint a Project Manager with sufficient
project management backgrounds authority~ and access to county resources to successfully man-
age the Project. The Project Manager shall establish a Project Work Plan and Schedule~ assure
that appropriate County resources are available as neededs maintain the schedule, keep the
Executive Committee advised of Project status and outlook, coordinate activities and informa-
tion exchanges among the Partiess and do all that Ls necessary to accomplish the purpose of this
Agreement.
Section 10. Distribution of Costs. The Parties agree that the sediment control portior~
of the Project designs admirdstration and construction costs as defined in Section 11, when not
covered by outside ~unding~ shall be allocated in accordance with the ~oilowing percentages::
County ~ I%
Irvine
The Irvine Company ~2%
Tustin
Newport Beach 396
Costs of flood control portions of the Project shall be allocated to the District. Allocation
percentages may be revised at any time prior to initiation of any step outlined in Section 5 by
unanimous consent of the Parties. The above notwithstanding, the parties hereto agree to use
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their best e~orts to secure ~inancial participation from other major landowners or governmental
agencies in the watershed but are not a party to this agreement. Should any costs be reimbursable
by grant ~r other property owners or state or federal lundin, g, the County will refund the reim-
mbursed funds to the Parties on a pro-rata basis in proportion to their original contributions
within 60 days of receipt of such monies.
It is agreed that by execution of this agreement each party only commits to fund that
portion of the Project referred to as "Step One= Project Report" as described in Section 5.
Section Il. Accounting by Steps. County as Lead Agency, will incur expenditures for
preparation of Project Report Funding Applications, Contract Documents, and for the Construc-
tion of the Project. The other Parties shall deposit funds With County to cover their share of the
cost of each step defined in Section 5 and distributed among the Parties in accordance with
Section i0. The Parties shall, within 60 c~lendar d~ys of receipt of invoice, deposit with the
County the billed amounts. Upon completion of each step, County shall perform a final account-
lng of its actual cost o~ that step, and shall recompute the shares o~ the Parties based on the
allocation set forth in Section 10. If the recomputed shares are more than the amount on deposit,
County shall send a supplemental bill, and the Parties shall, within 60 c~iendar days of receipt of
invoice, pay the balance. If the recomputed shares are less than the amount on deposit, County
shall refund the difference on a pro-rata basis in proportion to the original contributions. No step
will proceed until adequate funding has been received by the County to fund the step through to
completion.
(a) Step l: Proiect Report= On adoption of this agreement County shall bill the other
Parties for their allocation of the Project Report cost, estimated as follows:
County $12,300
Irvlne $ 2,t~00
The Irvlne Company $12,600
Tustin $ l ,gOO
Newport Beach $ 900
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Sub Total (sediment control)
District (flood control)
Total
$30,000
$170,000
$200,0~0
The Project Report is ~cheduled for completion on or about April, 19~5. On completion of
the Project Report the County shall submL: the recommended project al:e~a:~ve ~d cost alloc-
ations :o the ~xecu~ve Comm~ee ~or ~pproval. ~hen ~pproved~ County shal~ prep&re es:~ma:~
cost aUocadons ~or ~und~ng app~:~on, contract do~men~, ~d cons:ruction costs, ~d ~ revised
~ibi: A describing ~e Pro[e~.
(b) Step 2: Funding Appli~tions. On approval o~ ~e sediment control elemen:~ of
the Proje~ repo~ the ~xecu~ive Comml~ee shall meet :o develop a ~unding strategy ~or :hose
element. CounW wLll then prepare ~ ~:lma:e o~ i~ costs o~ prepar~ng~ subm~g~ ~d ~ollow-
in~ ~tough on ~unding applications, ~d w~ bLll the ~ther P~r:les ~or their share, comput~ on
· e b~is of ~e ~lo~tion set forth in S~:ion i0.
(c) Step 3: Contract Do.manta. On or ~out August~ 1985 the Executive Commit-
t~ sha~ present an [n~ormation copy :o each of the other P~r:ies showing ~ estimate of their
share~ computed on ~e b~is of the Distribution of Costs ~t forth in 5action 10 ~or preparation o~
Conlra~ Document. When CounTM is ready to proce~ with preparation of the Contract Docu-
ments~ County shall bill the other Pa~ies for their respective shares of the estima:ed costs for
the uninterrupted completion of the documents.
(dj Step ~: Construction. On or ~out April, 1986 ~nd ~n~lly thereafter until
completion o~ the Proje~, the Executive Comm[~ee w[11 review ~nd approve [n concept the
contr~ do.merits ~d [dent[~y element, o~ the Project to be implemented dur[n~ the [ollow[n~
fiscal year. The estimated Proje~ Construction Cost w[11 be comprised o~ the engineers est[-
mat~ cost, Count's estimated d[re~ and overhead costs o~ construction ~dm[nistr~t[on, and a
contingency o~ 10%. County w[11 deduct [rom the Estimated Project Construction ~ost the tot~l
amount o~ outs[de (unding obtained to determine the balance to be financed by the Part[es.
County shall compute each Party's share, based on tlie allocation set forth in Section 10, and shall
bill the other Parties for their share. Prior to County's adv.ertising the construction contract, the
Parties shall deposit with County their shares of the Estimated Project Construction Cost.
Upon receipt o5 the Estimated Project Construction Cost deposits, County shall advertise the
Project, receive bicis, and subject to Section i% award a contract. Prior to award of the contract,
County shall recompute the Estimated Project Construction Cost, based on the unit prices bid by
the successful biJder, and notiSy the other.Parties of the recomputed amount. If the recomputed
Estimated Project Construction Cost is more than the amount on deposit, County may elect to bill
the other Parties for their share, based on the allocation in Section 10. Should County so bill the
Parties, the Parties shall, within 60 c~lendar days of receipt of the invoice, pay the balance.
If the recomputed Estimated Project Construction Cost is less than the amount on deposit, County
shall refund the other pa~'ties for their share, based on the aJloc~tion in Section 10, within 60 days
of filing final notice of completion. Upon completion o5 the Project and acceptance by County,
County shall compute the Project Construction Cost. The Project Construction Cost shall consist
of the direct payments to the contractor plus County's direct and overhead costs for construction
administration. County shall render a final accounting of the Pro)ect Construction Cost to the
other parties within six months of filing of final notice of completion.
Section 12. Schedule. It is the intent of the Parties that a funding and implementa-
tion schedule be established by the Executive Committee that will ensure completion of construc-
tion by 1990 and shall be adhered to as closely as possible. 'Toward that end each Part,/ will assign
this Project a high priority.
Section 13. Approval of-Contract Documents. County shall circulate information
copies of Contract Documents to the other Parties as such documents become available. The
other Parties may advise and. consult with the County regarding the project design, and County
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shall consult with and consider the comments of the other Parties regarding the design of the
Project~ but CounTy's decision on the design of the Project shall be final If approval of a~y other
Party to this Agreement is required in order for CounTy to !awfully award a contract~ each and
every one of the other Parties hereby agrees to make every reasonable effort to grant such
approval
Section lb. Reiection of Bids. CounTy has the option at its sole discretion, of
awarding a contract or of rejecting all bids and re-advertising if the tota! Project Construction
Cost does not exceed the budgeted amount, or of rejecting all bids if they exceed the budgeted
amount. If the total Project Construction Bid Cost exceeds the budgeted amo~nt~ the additional
cost will be allocated to the Parties as described in Section 10/[ l~he. CounTy must ~ receive
unanimous approval of the Executive Committee belore awarding the contract.
Section 1~. Withdrawal of Parties. Any of the parties to this agreement may with-
draw by giving writ-ten notice of withdrawal to the other parties to this agreement. The with-
drawing party shall be responsible ior financial.obligations hereunder to the extent incurred and
agreed to by the party prior to the effective date of withdrawal. Incurred obligations for facili-
ties constructed pursuant to this agreement shall include all ongoing costs resulting from com-
pliance with permit requirements imposed on the operation' of facilities constructed or under
construction as of the date of withdrawal. The balance of the parties shall continue in the per-
formance of the terms and conditions of this agreement on the basis of a revised allocation of
costs as set forth in Section 10 unless and until the agreement is terminated and cost allocations
will be recomputed accordin§ly.
Section 16. Liabilit~m. It is mutually understood and agreed that merely by virtue of
entering this Agreement each ParTy neither relinquishes liabiliTy for its own actions nor assumes
liability for the actions of the other Parties. It is the intent of the Parties that the liabiliTy, if
any~ of each ParTy shall remain the same while this Agreement is in force as it would be without
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the Agreement. This Agreement represents a cooperative e~fort to accomplish the construction
of an important public project. It is based upon compromise taking into account the benefits to
and interests and responsibilities of the Parties. Neither the Agreement itself, nor any provision
as evidence of liability of any kind against any of the Parties.
The public agency Parties designated to administer the projects will require each and
every contractor involved with the project to obtain and to maintain throughout the t~rm of their
contract~ the. following insurance policies:
1. Comprehensiv~ General Liability including $1,000,000 Combined
CompietedOperatlons, Comprehensive Automobile Single Limit
Liability, and Contractual Liability
2.Workers" Compensation and Employers' Liability Statutory Limit
Each insurance policy required by the contract shall contain the following three clauses:
1. "This insurance shall not be cancelled~ limited in scope of coverage or non-
renewed until after thirty (30) days written notice has been given to ail Parties."
2. "It is agreed that any insurance maintained by the Parties will apply in excess
and not contribute with, insurance provided by this policy."
3. "As respects operation of the named insured performed on behalf of the Parties,
the following are added as insureds; County of Orange, Orange County Flood
Control District, City of Newport Beach, City of Irving/land The Irvine Company."
The Party administering shall have the contractor agree to deposit with them, at or
before the eLiective date of the contract, certificates of insurance necessary to satisfy the
insurance provisions~ and to keep such insurance and certificates therefor on deposit with Party
during the entire term of the contract.
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Section 17. AvailabiliW of Funds. The obliga~cion of each Pretty is subject to the
availability of funds appropriated for this purpose, and nothing herein shall be construed as
obligmting the ParTies to expend or as involving the ParTies in any con~ract or other obligation for
the future payment of money in excess of appropriations authorized by law.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
COUNTY OF ORANGE AND ORANGE COUNTY
FLOOD CONTROL DISTRICT
Date'. BY:
Chairman of Board of Supervisors
Date:
BY:
Linda D. Roberts
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM
Adrian Kuyper, County Counsel
Orange CountY, California
BY:.
ATTEST:
CITY OF IRVINE
By:.
City Clerk Mayor
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ATTEST:
CITY OF TUSTIN
City Clerk
BY:
.Mayor
ATTEST:
CITY OF NEWPORT BEACH
BY:
City Clerk
BY:
Mayor
THE IRVINE COMPANY
BY:
BY:
DRC:smrRD-01-20
7/6/8O
.s ~ r
1.5 MIl. ES
JOHN WAYNE
AIRPORT
ORANGE
COUNTY
IRWO
TREATMENT
P~.ANT
JOAQUIN
,/
'/
SIPHON
UNIVERSITY OF CALIFORNIA
IRVINE
UPPER
BAY
DOWNSTREAM PROJECTS
LEGEND
PART I - EARLY ACTION AND INT[R,M PL~i
Q -EXCAVATED BASIN
(~) (~)- IN-CMANNEL BASINS
PART III- PR0"OS[D
$(~$'-IN-CHANNEL BASINS
80UR~: BOYLE ENGINEEPJNG
EXHIBIT A