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HomeMy WebLinkAbout04 - Watershed Feasibility Study0 E ITEM 4 TO: Members of the Newport Beach City Council FROM: Dave Kiff, Assistant to the City Manager SUBJECT: Cost - Shared Agreement between the City of Newport Beach and the County of Orange for the Newport Bay /San Diego Creek Watershed Feasibility Study RECOMMENDED ACTION: Adopt Resolution #997_ relating to the City s financial participation in the Newport Bay /San Diego Creek Watershed Feasibility Study. BRIEF As a member of the Watershed Executive Committee (WEC), the City SUMMARY: participates in a variety of decisions and studies that attempt to protect Newport Bay from impacts from the watershed. Council Member Glover serves as the City's representative to the WEC. The WEC is overseeing two major studies that are "cost- shared" with the US Army Corps of Engineers (USACE). These studies are the Upper Newport Bay Feasibility Study and the Newport Bay /San Diego Creek Watershed Feasibility Study. This agenda item asks for the City Council's approval to enter into the cost - sharing agreement associated with the Watershed study. The total cost of this 2 -year Study is anticipated to be $2,340,500. Of this cost, the Federal government pays 50 %, with ten "local partners" paying 50% as well. City's share of costs for the Study for the first year is $40,000.00, an amount budgeted in the City s FY 1999 -2000 Budget. BACKGROUND: The City has long been concerned about the water and habitat quality of Upper Newport Bay. The Bay is the primary outflow for about 144 square miles of watershed, including the foothills of Orange and Tustin, portions of Santa Ana and Costa Mesa, and the cities of Irvine and Lake Forest. Two primary tributaries enter the Upper Bay -the San Diego Creek (draining Irvine, Orange, Tustin, and Lake Forest) and the Santa Ana/Delhi Channel (draining Santa Ana and Costa Mesa). Large storm events bring thousands of cubic yards of sediment down the Watershed tributaries into the Bay. Smaller summertime flows bring nutrients, pathogens, and some toxic materials into the Bay. Newport Beach City Council Page 2 BACKGROUND: Each material is harmful to the Bay's ecosystem - toxics can contaminate shellfish (cont'd) and other aquatic life, pathogens can make swimmers sick, nutrients can cause excessive algae growth, and sediment will eventually turn the Bay into a marshland. The Watershed To help combat these impacts, the City and the County of Orange joined together Executive Committee to form the Watershed Executive Committee (WEC). The WEC's mission is to protect Newport Bay by limiting harmful materials from entering watershed tributaries. Membership of the Committee includes: Membership • City of Newport Beach • County of Orange • The Irvine Company • City of Irvine • City of Tustin • City of Santa Ana • City of Costa Mesa • City of Lake Forest • California Regional Water Quality Control Board, Santa Ana Region • Irvine Ranch Water District The UNB Feasibility Study Corps' Cost - Shared Process In -Kind Contributions Newport Bay Watershed Feasibility Study To help achieve its mission, the Committee is participating in two key studies with the US Army Corps of Engineers (USACE). The first study, the Upper Newport Bay Feasibility Study, is underway and may be complete as early as December 1999. Its goals are to determine the "optimal ecosystem" for the Bay and to devise ways to maintain that ecosystem. We anticipate that the Study will recommend a large -scale dredging project by 2001 -02 (possibly in the amount of $12 -15 million) - a project significantly larger than last year's $7.5 million effort. The Corps participates in civil engineering projects when it determines there is a federal interest in doing so. The first step in determining that interest is to conduct a reconnaissance study. Once the Corps agrees that the Federal government has an interest in a project, it then embarks upon a feasibilihy study to help determine the scope and type of public works projects that will help address the problem. Reconnaissance studies are funded entirely by the federal government - but feasibility studies require local "partners" to match federal funds 50 % -50 %. Once a feasibility study is complete, the cost of designing and constructing the resultant project is split 65 % -35% (Feds -local partners). To restate the steps and formulas: 1st Step - Reconnaissance Study -100% Federal Funds. 2 ^d Step - Feasibility Study - Cost - Shared 50% Feds, 50% Locals 3M Step - Project Design /Construction - Cost - Shared 65% Feds, 35% Locals Local partners' contributions to the studies and project design /construction phases can be "in kind" instead of direct contributions. Staff time, additional local studies, and other efforts can "count" to determine the local match amount. While the UNB Feasibility Study looks at the Bay itself, the Newport Bay /San Diego Creek Watershed Feasibility Study will look at the entire 141 square mile watershed and will propose projects that help limit sediment, nutrient, toxics, and pathogen inflows well before they get to the Bay. Catch basins, high -tech creek channels, and best management practices for urban and agricultural runoff E BACKGROUND: (cont'd) Two year cost = $2,340,500, with $40,000 each year paid by Cihj Page 3 are some of the anticipated results of the Watershed Study. These projects are also anticipated to be in the range of $12 -15 million - thus the value in the Corps' financial participation The Watershed Feasibility Study itself is budgeted at $2,340,500 over two years. To meet the 50% match, each partner is obligated to pay $40,000 for each of the two years of the Study. The City Council approved this level of funding for the Cit/, s participation when it adopted. the City's FY 1999 -2000 Budget in late June. This agenda item asks the City Council to adopt a resolution authorizing the City to enter into the Agreement associated with the Study. The Agreement obligates the City to pay $40,000 for each of two years as a "partner' in the Study. As described in the Agreement, the County of Orange shall act as the lead local agency - also known as the "local sponsor' and shall coordinate payment of other local partners contributions to the Corps. ATTACHMENTS: Attachment A - Resolution #99- Attachment B - Watershed Feasibility Study Agreement 11 Attachment A RESOLUTION #99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH SUPPORTING THE CITY'S PARTICIPATION IN THE NEWPORT BAY /SAN DIEGO CREEK WATERSHED FEASIBILITY STUDY WITH THE COUNTY OF ORANGE AND THE US ARMY CORPS OF ENGINEERS WHEREAS, the City Council has long been concerned about the harmful materials transported through the Newport Bay watershed through the San Diego Creek and the Santa Ana /Delhi Channel; and WHEREAS, these materials, which include nutrients that cause excessive algae, sediment which "silts up" the Bay's remaining watercourses, pathogens which may cause illness in bay users, and toxic materials which impact both shellfish, waterfowl, and other life; and WHEREAS, the US Army Corps of Engineers has identified the Newport Bay Watershed as an area worthy of federal review and participation as a part of the Corps' mission of providing civil engineering projects throughout the nation; and WHEREAS, the Corps has proposed a "feasibility" study to determine what types of projects should be designed and constructed in the watershed to limit the intrusion of harmful materials; and WHEREAS, Corps processes dictate that any "feasibility" effort involve local partners in both decision - making and in funding studies and the resultant projects; and WHEREAS, these funding formulas equate to 50 % -50% matches for the study portion of the effort and 65 % -35% (Federal contribution -local contribution) for project design and construction costs; and WHEREAS, the local partners involved in this effort include the County of Orange (as lead partner), the Irvine Company, the Irvine Ranch Water District, the Orange County Flood Control District, and the cities of Newport Beach, Irvine, Lake Forest, Costa Mesa, Santa Ana, and Tustin; now, therefore be it I] Page 5 . RESOLVED by the City Council of the City of Newport Beach that it hereby supports the Newport Bay/ San Diego Creek Watershed Feasibility Study both in concept and with its financial resources and hereby authorizes the City to enter into an Agreement regarding the Study as a local partner. As a local partner, the City's contributions to the Study shall not exceed $80,000 over two fiscal years. ADOPTED this 23 *a Day of August, 1999 DENNIS D. O'NEIL Mayor of Newport Beach ATTEST: LaVonne Harkless . City Clerk Page 6 Attachment B 0 40 0 AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE REGARDING THE NEWPORT BAY /SAN DIEGO CREEK WATERSHED MANAGEMENT FEASIBILITY STUDY WITH THE U.S. ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT. This AGREEMENT is made and entered into this._ day of 1999, by and between the County of Orange, hereinafter referred to as the "COUNTY ", and the City of Newport Beach, hereinafter referred to as the "CITY ". RECITALS WHEREAS, the COUNTY, and the CITY have identified certain issues regarding the condition of the Newport Bay /San Diego Creek watershed that include channel instability, increasingly arduous regulatory requirements, habitat loss, water quality and urban runoff concerns, and recreation opportunities; and WHEREAS, in response to these concerns, the U.S. Army Corps of Engineers, Los Angeles District, hereinafter referred to as "CORPS" has completed a Reconnaissance Study of the existing conditions of the watershed; and WHEREAS, the CORPS is now prepared to proceed with a Feasibility Study to further identify specific structural and non - structural improvements to remediate the issues raised by the COUNTY, the CITY, along with other cities and water agencies; and WHEREAS, the cities and water agencies wish to participate in the Feasibility Study process with the CORPS and COUNTY as the Study will be of direct benefit to the DRAFT 8 -10 -99 Page 1 of 7 cities, water agencies and citizens residing in the watershed; and WHEREAS, the purpose of the AGREEMENT is to memorialize the understanding of the parties as to how participation in the Feasibility Study will proceed and how costs will be shared. NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS: SECTION 1. FEASIBILITY STUDY PARTICIPATION. Each party hereto agrees that COUNTY shall act as the lead local agency ("LOCAL SPONSOR ") for the participation in the CORPS' Feasibility Study. COUNTY shall, through this AGREEMENT and as the LOCAL SPONSOR, provide coordination, as appropriate, of the Feasibility Study status to each party hereto. The Feasibility Study is to be financed as a cost - shared project as follows: FEDERAL GOVERNMENT 50% COUNTY, CITIES AND WATER AGENCIES 50% Each party hereto shall contribute an initial $40,000 each to a trust fund maintained by the COUNTY Treasurer, created for the sole function of funding Feasibility Study participation with the CORPS, within sixty (60) days of execution of this AGREEMENT by the Orange County Board of Supervisors. Said contribution shall permit each party to act as a "Vested Agency" (sometimes collectively referred to herein as "VESTED AGENCIES ") with the LOCAL SPONSOR during the Feasibility Study process and shall be accounted for at the agreed upon pro -rata share. In addition, the COUNTY and the VESTED AGENCIES may provide up to half of the 50% share for the Feasibility Study as in -kind services, subject to the terms and DRAFT 8 -10 -99 Page 2 of 7 0 0 0 conditions established by the CORPS and with the concurrence of the other VESTED 0 AGENCIES. Each party hereto agrees to contribute $40,000 for Year 2 Project funding. 0 rJ The COUNTY and the VESTED AGENCIES shall provide a local leadership role for the CORPS in the Feasibility Study process that includes the opportunity for providing identification and evaluation of issues to be included in the Feasibility Study process; communicating with other interests in the watershed regarding the status of the Feasibility Study process, including, but not limited to sending mailings, holding public meetings and soliciting comments as needed; providing in -kind services to the Feasibility Study process as appropriate to relieve fiscal burdens imposed by the process; reviewing and preparing timely comments on Feasibility Study drafts as appropriate. Each party hereto agrees to consider additional funding requests by the CORPS if agreed to in a manner approved in writing by the COUNTY and the VESTED AGENCIES for completion of the Feasibility Study. SECTION 2. RECIPROCAL COOPERATION. Each party hereto shall cooperate with the COUNTY, the VESTED AGENCIES, and the CORPS in completing the Feasibility Study. SECTION 3. COSTACCOUNTING. COUNTY will obtain from the CORPS an accounting of all expenditures of all funds utilized for the Feasibility Study and shall request refund of any funds which are in excess of ultimate project cost of a proportionate basis to LOCAL SPONSOR and shall, in turn, refund as available to itself and the VESTED AGENCIES prorated shares of any refunds received within 90 days after receipt thereof by COUNTY from CORPS in a ratio equal to participation in the Feasibility Study.. DRAFT 8 -10 -99 Page 3 of 7 SECTION 4. INDEMNIFICATION. 0 To the extent permitted by law, each parry hereto shall indemnify and save harmless the COUNTY, all other VESTED AGENCIES, their elected and appointed officials, agents, and employees from and against all claims, demands, loss or liability of any kind or nature which the COUNTY, a VESTED AGENCY, their elected and appointed officials, agents, and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, or damage to property as a result of the negligence or wrongful act or omission by the COUNTY, any VESTED AGENCY, their elected and appointed officials, agents, employees, or invitees in carrying out the terms of this AGREEMENT or exercising the rights herein granted. SECTION 5. FORCE MAJEURE. Should the performance of the obligations of any party under this AGREEMENT be interrupted or delayed by any occurrence not occasioned by the conduct of any parry to this AGREEMENT, whether that occurrence is an act of God, war, civil insurrection, fire, flood, storm, strikes, lockouts, or by any law, regulation, or order of any federal or state court, that party's performance under this AGREEMENT shall be excused for whatever period of time after the occurrence is reasonably necessary to remedy the effects of that occurrence. SECTION 6. NOTICES. All notices required or provided for under this AGREEMENT shall be in writing and delivered in person or sent certified mail, postage prepaid and addressed as follows: DRAFT 8 -10 -99 Page 4 of 7 0 11 IF TO COUNTY: Orange County Board of Supervisors 10 Civic Center Plaza Santa Ana, CA 92701 Attn. Clerk of the Board With a copy to: Director, Public Facilities & Resources Department 300 North Flower Street P. O. Box 4048 Santa Ana, CA 92702 -4048 IF TO CITY: City of Newport Beach PO Box 1768 Newport Beach, CA 92658 -8915 Attn: City Manager Any notice given as required herein shall be deemed given seventy-two (72) hours after deposit in the United States mail or upon receipt. A party may change its address for notices by giving notice in writing to the other party as required herein and thereafter notices shall be addressed and transmitted to the new address. SECTION 7. ENTIRE AGREEMENT. This AGREEMENT constitutes the entire understanding between the Parties regarding the participation in the Newport Bay /San Diego Creek Feasibility Study and supersedes all prior discussions or understandings of the Parties. DRAFT 8 -10 -99 Page 5 of 7 SECTION 8. WAIVER. No waiver of a breach hereof shall constitute a waiver of future breaches of that provision to this AGREEMENT. SECTION 9. CHOICE OF LAW. This AGREEMENT shall be construed according to the laws of the State of California. SECTION 10. AMENDMENTS. The provisions of this AGREEMENT may be amended only by mutual consent evidenced in a subsequent written instrument which states the amendment. SECTION 11. COUNTERPARTS. This AGREEMENT may be executed by the parties in counterparts which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. DRAFT 8 -10 -99 Page 6 of 7 0 • 10 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the dates opposite their respective signatures: COUNTY OF ORANGE, a political subdivision of the State of California By: . Date: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT APPROVED AS TO FORM: A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE COUNTY COUNSEL CHAIRMAN OF THE BOARD ORANGE COUNTY, CALIFORNIA DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California CITY OF NEWPORT BEACH Zl Mayor ATTEST: City Clerk DRAFT 8 -10 -99 By: Deputy Date: APPROVED AS TO FORM: CITY ATTORNEY CITY OF NEWPORT BEACH, CALIFORNIA 0 Page 7 of 7 • NEWPORT BAY / SAN DIEGO CREEK WATERSHED FEASIBILITY STUDY Potential Partners City of Newport Beach City of Costa Mesa City of Santa Ana City of Irvine City of Tustin City of Lake Forest Irvine Ranch Water District County of Orange Orange County Flood Control District The Irvine Company Project Cost Summary is Total Project Cost $ 2,340,500 50% Local Share $ 1,120,250 (less $100,000 for spin -off study) Two Year Split $ 560,125 per Year Local In -Kind Services $ 160,000 per Year Cash Contribution $ 400,125 per Year 10 Partner Split (Pro -Rata Share) $ 40,000 per Year 0