HomeMy WebLinkAbout07 - Cooperative Agreements - Upper Newport Bay and San Diego Creek WatershedNewport Beach City Council
AGENDA ITEM
November 9, 1998 Council Meeting
TO: MAYOR AND CITY COUNCIL
FROM: DENNIS DANNER, ACTING CITY MANAGER
BY: DAVE KIFF, ASSISTANT TO THE CITY MANAGER
SUBJECT: COOPERATIVE AGREEMENTS —UPPER NEWPORT BAY AND SAN
DEIGO CREEK WATERSHED
ISSUE:
Should the City agree to the policies put forth in two Cooperative
Agreements relating to sediment and nutrient monitoring in Upper Newport Bay
and the San Diego Creek Watershed?
BACKGROUND:
The preservation and restoration of Upper Newport Bay remains an important priority
for the residents of Newport Beach and the Newport Beach City Council. As an estuary
in the middle of a highly urbanized county, the Bay confronts a variety of impacts to its
ecosystem — including sediment from upstream grading and runoff and nutrients
(nitrogen, phosphates, and more) from upstream agriculture and landscape runoff. Most
of these deposits degrade the Bay's ecosystem and adversely impact wildlife habitat.
"Section 208" Agreement
In 1983, five entities developed a cooperative agreement ( "Section 208 Agreement ")
to oversee a plan that would control downstream sediment in the San Diego Creek
Watershed (the primary watershed that drains into the Bay). The Plan was developed
under Section 208 of the Clean Water Act and is referred to as the "Section 208 Plan."
These five entities (joined in 1985 by a sixth) were:
• The City of Newport Beach
• The City of Irvine
• The County of Orange /Orange County Flood Control District
• The Irvine Company
• The Califomia Department of Fish and Game
• The City of Tustin (added in 1985)
As a part of the Section 208 Agreement, the participants formed an Executive
Committee to oversee the management and evaluation of the Section 208 Plan. Council
Member Norma Glover serves as the City's representative on the Executive Committee.
Monitoring and Maintenance Agreements
To fund the monitoring required by the Section 208 Plan, the Executive Committee
members entered into a series of additional agreements ( "Monitoring and Maintenance
Newport Beach City Council
Paoe 2
Agreements ") from 1984 through 1996. The Monitoring and Maintenance Agreements
allowed the parties to spread the costs of the following activities:
• Testing and reporting of sediment and nutrient levels within the Bay and the lower
reaches of the San Diego Creek.
• Sediment Removal from the San Diego Creek's In- Channel Basin #1 (where the San
Diego Creek meets the 405 in Irvine).
• Bathymetric (water depth) and vegetation studies in Newport Bay.
DISCUSSION:
Given changes in the Watershed since the inception of the two cooperative
agreements, the Executive Committee has proposed the following adjustments to the
agreements:
New Participants to the Agreements
As the Executive Committee has grown in expertise and authority, it has asked
other agencies to participate - some both financially and administratively - in its
work. These other agencies consist of:
• The City of Lake Forest - After the El Nino storms of 1997 -98, Lake Forest has
expressed its concern over the sediment removed from its streambeds, especially
Serrano Creek (which drains into the San Diego Creek Watershed).
• The Santa Ana Regional Water Quality Control Board ( "Santa Ana RWQCB ") — the
Board's recent development of Total Maximum Daily Load ( "TMDL ") limits for
sediment and nutrients makes it an even greater "player' in the Watershed. These
TMDLs (and yet- to -be- developed TMDLs for pathogens and toxics) will act as
regulatory limits on the amount of each "input" that the Bay can accept.
• The Irvine Ranch Water District ( "IRWD ") -- IRWD's Wetlands Water Supply Project
(where water is diverted from San Diego Creek and transported through marshes and
ponds to "leech out" nutrients and sediment) and the District's development of two
additional in- channel basins makes the District an important participant in Watershed
activities.
• The Orange County Flood Control District ( "OCFCD ") — OCFCD owns many of the
flood control structures in the San Diego Creek Watershed.
As proposed, Lake Forest, the Santa Ana RWQCB, IRWD, and OCFCD will all
become parties to the Section 208 Agreement (see Attachment B for the full text of
the Agreement), but only Lake Forest will become a party to the Monitoring and
Maintenance Agreement (see Attachment C for the full text of the Agreement). This
reflects the Committee's thinking that only parties that contribute sediment to the Bay
should share in the costs of monitoring and removing the sediment. As parties to the
Section 208 Agreement, all participants will become members of the Executive
Committee except for the OCFCD (which will be represented by the County's
delegate on the Committee).
New Funding Formula in a New Monitoring and Maintenance Agreement
Just as the membership of the Executive Committee has changed, so has the work
program for the participating agencies. The proposed work program for 1998 -99 and
1999 -2000 centers around monitoring the Bay's achievement (or lack thereof) of the
TMDLs for nutrients and sediment (see Attachment D for more information). The
proposed budget for the FY 1998 -99 work program is $245,000 and $251,000 for FY
1999 -2000.
Newport Beach City Council
Page 3
The new allocation formula proposed in the new Monitoring and Maintenance
Agreement allocates costs as follows:
• City of Tustin
• City of Irvine
• City of Newport Beach
• City of Lake Forest
• County of Orange
• The Irvine Company
7.07 %
15.42%
16.38%
6.59 %
29.14 %
25.40 %
Given the above formula allocations, the City's cost in 1998 -99 for the Monitoring and
Maintenance Agreement's work program is anticipated to be $40,131. The City has
budgeted $45,000 in the FY 1998 -99 Capital Improvement Plan to cover this expense
(Project #C5100455, CIP Page 197).
This agenda item asks the Newport Beach City Council to agree to an amendment to
the Section 208 Agreement and to enter into a new Monitoring and Maintenance
Agreement that reflects:
• The addition of Lake Forest to the Monitoring and Maintenance Agreement;
• The addition of Lake Forest, IRWD, OCFCD, and the Santa Ana RWQCB to the Section
208 Agreement;
• The new cost formula in the Monitoring and Maintenance Agreement; and
• Administrative changes to the County's procedure for billing participants for the
Monitoring and Maintenance Agreement's costs.
RECOMMENDED ACTION:
(1) Adopt Resolution 98 -_ approving the 2otl Amendment to the Cooperative
Agreement on the San Diego Creek/Upper Newport Bay Watershed and entering
into a new Cooperative Aareement entitled Newport Bay /San Diego Creek
Watershed Sediment Control Monitoring and In- Channel Maintenance Program;
(2) Authorize the Mayor, on behalf of the City Council of the City of Newport Beach,
to execute both the Second Amendment and the new Cooperative Agreement.
ATTACHMENTS:
Attachment A — Resolution 98-
Attachment B — Proposed Second Amendment to the San Diego Creek/Upper
Newport Bay Watershed Cooperative Agreement (Section 208 Agreement)
Attachment C -- "Newport Bay /San Diego Creek Watershed Sediment Control
Monitoring and In- Channel Maintenance Program" Cooperative Agreement
(Monitoring and Maintenance Agreement)
Attachment D — Scope of Work for Monitoring and Maintenance Agreement
Newport Beach City Council
Pane 4
Attachment A
RESOLUTION 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
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AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE 2 AMENDMENT TO THE SAN DIEGO CREEK/UPPER NEWPORT BAY
WATERSHED COOPERATIVE AGREEMENT
AND THE NEWPORT BAY /SAN DIEGO CREEK WATERSHED
SEDIMENT CONTROL MONITORING AND IN- CHANNEL MAINTENANCE PROGRAM
COOPERATIVE AGREEMENT
Whereas, the City of Newport Beach is a participant in two cooperative
agreements (a "Section 208 Agreement" and a "Monitoring and Maintenance
Agreement") with various entities that have an interest in preserving and protecting the
Upper Newport Bay; and
Whereas, the Executive Committee which oversees the implementation of the
agreements has determined that it is in the Bay's best interest to amend the existing
Section 208 Agreement and to develop a new Monitoring and Maintenance Agreement
to reflect additional responsibility for and interest in protecting the Bay; and
Whereas, the proposed changes to the agreements would add additional
participants as signatories to the agreements and change the funding allocation for Bay
monitoring and maintenance expenses; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that the City
hereby approves the 2nd Amendment to the San Diego Creek/Upper Newport Bay
Watershed Cooperative Agreement and approves the new Newport Bay /San Diego
Creek Watershed Sediment Control Monitoring and In- Channel Maintenance Program
Cooperative Agreement. The Mayor and City Clerk are hereby authorized and directed
to execute these agreements by and on behalf of the City of Newport Beach.
ADOPTED this 9`" Day of November, 1998.
MAYOR
ATTEST:
CITY CLERK
Attachment B
1 SECOND AMENDMENT TO THE COOPERATIVE AGREEMENT
2 SAN DIEGO CREEK /UPPER NEWPORT BAY WATERSHED
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THIS SECOND AMENDMENT to the Cooperative Agreement is made and entered into this
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day of 19 by and between the County of Orange, the
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Orange County Food Control District, the Cities of Irvine, Lake Forest, Newport Beach,
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and Tustin, the California Department of Fish and Game, The Irvine Company, the
7 Regional Water Quality Control Board, Santa Ana Region and the Irvine Ranch Water
8 District.
9 W I T N E S S E T H
10 WHEREAS, on September 30, 1983, a cooperative agreement ( "AGREEMENT ") was
11 entered into by the County of Orange, the Cities of Irvine and Newport Beach, The
12 Irvine Company and the California Department of Fish and Game to implement a
comprehensive sediment control plan in the San Diego Creek / Upper Newport Bay
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Watershed and which same AGREEMENT established the Executive Committee; and
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WHEREAS, in 1985 the AGREEMENT was amended to add the City of Tustin as a
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participant; and
16 WHEREAS the Orange County Flood Control District has ownership, in fee and
17 easement, of flood control facilities in the San Diego Creek /Upper Newport Bay
18 Watershed and has previously supported the implementation of the AGREEMENT; and
19 WHEREAS, the City of Lake Forest was incorporated in 1991 and has over 4000
20 acres of watershed tributary to Upper Newport Bay; and
WHEREAS, the Santa Ana Regional Water Quality Control Board in 1997 initiated
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Total Maximum Daily Load (TMDL) basin plan revisions for the Newport Bay / San Diego
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Creek watershed, for sediment, nutrients, toxicity and pathogens; and
23 WHEREAS, the Irvine Ranch Water District has completed construction of the
24 third in- channel sediment basin in San Diego Creek and is committed through other
25 agreements to the maintenance of In- channel Basins 2 and 3; and,
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WHEREAS, the parties desire to expand the membership party to the AGREEMENT to
include the Orange County Flood Control District, the City of Lake Forest, the
Regional Water Quality Control Board, Santa Ana Region, and the Irvine Ranch Water
District; and
WHEREAS, the parties desire to expand the scope of the AGREEMENT to work
cooperatively on alleviating nutrient impairments in Newport Bay and on other common
issues that will enhance Newport Bay and its watershed.
NOW, THEREFORE, in consideration of the foregoing, the parties hereto and
pursuant to Section 3 of the AGREEMENT, unanimously agree to amend the AGREEMENT to
add the Orange County Flood Control District, the City of Lake Forest, the Regional
Water Quality Control Board, Santa Ana Region, and the Irvine Ranch Water District as
parties hereto. The parties further unanimously agree that the terms and conditions
of the AGREEMENT remain in full force and effect except for the amendment of Sections
1 and 4 and the addition of a new Section 11 to read in their entirety as follows:
SECTION 1 - Purpose. This AGREEMENT is entered into for the purpose of
providing a forum to evaluate and assess progress towards implementing 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.
This AGREEMENT is also entered into for the purpose of working cooperatively on
alleviating nutrient impairments present in Newport Bay and its watershed and other
common watershed issues which will enhance Newport Bay and its watershed and are
approved by the Executive Committee, as defined hereunder.
SECTION 4. Executive Committee. Each participant shall appoint a member and an
alternate to an Executive Committee except for the Orange County Flood Control
District which shall be represented by the County. The members so appointed shall
elect a chairman to serve a two -year term. The committee shall meet from time to time
upon request of the chairman, but at least every six months.
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The Executive Committee shall be responsible for reviewing and reporting to the
parties as to whether adequate and reasonable progress is being made in the
implementation of the plan and on progress on other common watershed issues.
The Executive Committee shall be known as the Newport Bay Watershed Executive
Committee.
SECTION 11. AGREEMENT Execution. This AGREEMENT may be executed in
counterpart and the signed counterparts shall constitute a single instrument.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the day and
year first above written.
Date:
APPROVED AS TO FORM:
LAURENCE M. WATSON,
COUNTY COUNSEL
By:
Deputy
Date:
COUNTY OF ORANGE
a political subdivision of the State of
California
By:
Chairman of the Board of Supervisors
ORANGE COUNTY FLOOD CONTROL DISTRICT
a special district of the State of
California
By:
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Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By:
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
Date:
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CITY OF NEWPORT BEACH
Date:
ATTEST:
City Clerk
By:
Mayor
1998
APPROVED AS TO FORM:
City Attorney of Newport Beach
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Attachment C
1 COOPERATIVE AGREEMENT
NEWPORT BAY /SAN DIEGO CREEK WATERSHED SEDIMENT
2 CONTROL MONITORING AND IN- CHANNEL MAINTENANCE PROGRAM
3 THIS AGREEMENT, for purposes of identification numbered D98 -034, is made and
4 entered into this day of , 1998 , by and between the County of Orange
5 ( "County "), the Orange County Flood Control District ( "District "), the City of Irvine
6 ( "Irvine "), the City of Lake Forest ( "Lake Forest "), the City of Newport
7 Beach( "Newport Beach "), the City of Tustin ( "Tustin "), and The Irvine Company. The
8 seven entities are hereinafter sometimes jointly referred to as the "Parties" and
individually as "Party ".
9
WITNESSETH
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WHEREAS a Comprehensive Stormwater Sediment Control Plan ( "PLAN ") was prepared
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for the Newport Bay /San Diego Creek Watershed in 1983; and,
12 WHEREAS an element of the PLAN is to perform sediment monitoring within the
13 Newport Bay /San Diego Creek Watershed; and,
14 WHEREAS all the Parties have entered into a cooperative agreement dated
15 September 30, 1983 ( "AGREEMENT "), as amended in 1985 and 1998, for the purpose of
16 providing a forum to evaluate and assess progress towards implementing the PLAN, to
formulate project implementing agreements for elements of the PLAN, and to evaluate
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and assess the effectiveness of the various elements of the PLAN; and,
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WHEREAS, the AGREEMENT established an Executive Committee to review and report
19 progress on the PLAN and other common watershed issues; and
20 WHEREAS, Irvine, Newport Beach and The Irvine Company funded a sediment
21 monitoring program conducted by the U.S. Geological Survey from September 1982,
22 through September 1984; and
23 WHEREAS, the County, Irvine, Newport Beach, Tustin and The Irvine Company
24 have, by agreement, funded a sediment monitoring program conducted by the County from
25 September 1985, through to the present, the most recent agreement being dated August
20, 1996; and,
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Agreement No. D98 -034
WHEREAS, the City of Lake Forest was incorporated in 1991 and has over 4,000
acres of watershed tributary to Newport Bay and by amendment of the AGREEMENT has
become a party to the sediment control program; and
WHEREAS, the Santa Ana Regional Water Quality Control Board in 1997 initiated
Total Maximum Daily Load (TMDL) basin plan revisions for the Newport Bay / San Diego
Creek Watershed for sediment, which will establish new regulatory requirements
necessitating additional monitoring and studies, and timely maintenance of the In-
channel Basins; and
WHEREAS the District has ownership, in fee and easement, of flood control
facilities in the Newport Bay /San Diego Creek Watershed and has previously supported
the implementation of the PLAN and by amendment of the AGREEMENT has become a party tc
the sediment control program; and,
WHEREAS the Irvine Ranch Water District has committed to the full maintenance of
In- channel Basins 2 and 3, but there remains a maintenance requirement for In- channel
Basin 1; and,
WHEREAS the September 25, 1984, agreement between the County, District, Irvine,
Tustin, Newport Beach and The Irvine Company for the construction of the In- channel
Basins identified that a higher level of maintenance would be the subject of separate
cost negotiations; and,
WHEREAS the Parties have reached agreement on a new funding formula for
jallocating costs for monitoring in the Newport Bay /San Diego Creek Watershed and
maintenance of the In- channel Basin 1; and,
WHEREAS the Parties have reached agreement to contribute sufficient funds
annually to allow cleaning of In- channel Basin 1 within 5 years and bathymetric and
vegetation studies in Newport Bay within 3 years.
NOW, THEREFORE, in consideration of the foregoing, the Parties agree to add Lake
Forest as a party hereto and to amend, in their entirety, the agreements dated
September 25, 1984 entitled, "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
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Agreement No. D98
facilities in San Diego Creek in furtherance of the Newport Bay Watershed -San Diego
Creek Comprehensive Stormwater Sedimentation Control Plan" and dated August 20, 1996
between the County, Irvine, Newport Beach, Tustin, and the Irvine Company entitled
"Cooperative Agreement, San Diego Creek Sediment Monitoring Program" and replace as
follows:
Section 1. PURPOSE. This Agreement is entered into for the purpose of
implementing an expanded sediment monitoring program in the Upper Newport Bay /San
Diego Creek Watershed and to provide funding for the maintenance of In- channel Basin
1.
Section 2. AMENDMENT OF AGREEMENTS DATED SEPTEMBER 25, 1989 AND AUGUST 20, 1996
AS PREVIOUSLY DESCRIBED. By unanimous approval of all Parties consenting to these
agreements, the said agreements are amended in their entirety by this Agreement. The
County shall submit by September 1, 1998 a final accounting of expenditures related to
said agreements for the fiscal year ending June 30, 1998. Each party shall make
payment of their portion of the program cost to the County by September 30, 1998.
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 monitoring of the Newport Bay /San Diego Creek Watershed and the maintenance of In-
channel Basin 1 is required or until terminated as provided hereinunder.
Section 9. MONITORING AND MAINTENANCE PROGRAM . The monitoring and maintenance
program shall be as described in Exhibit A which is attached hereto and made a part
hereof. An annual report presenting the data and findings obtained during the
previous July 1 to June 30 period shall be completed and submitted to each of the
Parties by December 31 of each year and to the Regional Water Quality Control Board,
Santa Ana Region.
Section 5. FUNDING FORMULA. Cost share allocations shall be distributed as
follows, except for those costs identified in Exhibit A as being funded individually
by one of the Parties to this Agreement:
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Agreement No. D98
Cost Per Participant
Participant
8 Share
County /District
29.14
The Irvine Company
25.40
City of Irvine
15.42
City of Lake Forest
6.59
City of Newport Beach
16.38
City of Tustin
7.07
The allocations shall be revised once every 5 years pursuant to the formula
provided in Exhibit B which is attached hereto and made a part hereof.
Section 6. PROGRAM BUDGET AND COSTS. The County shall submit a budget for the
following fiscal year to each of the Parties by February 15 of each year. The budget
shall contain an explanation of any recommended program changes, an estimate of all
planned expenditures and an estimate of the payment required from each Party for the
following fiscal year. The budget shall contain sufficient funds to be deposited to
allow cleaning of In- channel Basin 1 within 5 years and bathymetric and vegetation
studies within 3 years of any prior work, which funding requirement is estimated to be
$500,000 and $105,000 respectively.
The Parties shall be permitted to review and approve the program budget for the
forthcoming year. Criteria for approval shall be affirmative responses from all of
the Parties. The County and District will constitute one approving Party.
The first year proposed budget for FY 98/99 is $245,000 and the second year
proposed budget is $251,000 as shown in Exhibit C which is attached hereto and made a
part hereof. The annual budget shall not be exceeded without prior written consent of
all of the Parties. The County shall be entitled to charge to the program all costs
for direct labor, materials, equipment and outside contract services, plus an overhead
charge calculated by the County Auditor - Controller which includes Public Facilities
and Resources Department overhead and County -wide cost allocation plan.
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Agreement No. D98 -03!
1 Section 7. PAYMENTS. By September 1, 1998, or within 15 calendar days of the
2 signing of this Agreement by the Board of Supervisors, whichever comes later, the
3 County shall send the Parties an invoice for a deposit which constitutes a share
4 percentage of the total anticipated first year costs identified in Exhibit C. Each of
the Parties shall pay the deposit within 45 calendar days of receipt of the invoice.
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If at any time during a given fiscal year the program costs exceed the sum of
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the deposits, the County shall submit invoices to the Parties to recover the deficit
7 provided that it is within the current approved budget. The share for each Party
8 shall be prorated according to the formula above. Each Party shall pay the invoice
9 within 45 calendar days of the billing date.
10 The County shall prepare a fiscal year end accounting within 60 calendar days of
11 the end of the fiscal year. If the fiscal year end accounting results in costs (net
12 of interest earnings) exceeding the sum of the deposits, the County shall invoice each
Party for its prorated share of the excess cost up to the amount,of the current
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approved budget. Each Party shall pay the billing within 45 calendar days of the date
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of the invoice. If the fiscal year end accounting results in the sum of the deposits
15 exceeding costs (net of interest earnings), the excess deposits will carry forward to
16 reduce the billings for the following year.
17 After the initial billing for the program, the County shall invoice each party
18 for its annual deposit at the beginning (July 1) of each fiscal year. Each Party
19 shall pay the deposit within 45 calendar days of the date of the invoice. Each
20 Party's deposit shall be based on it's prorated share of the approved annual budget,
reduced by its prorated share of any surplus identified in the prior fiscal year end
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accounting.
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Interest earned on the Parties' deposits will not be paid to the Parties, but
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will be credited against the Parties' share of the program costs.
24 Upon termination of the program a final accounting shall be performed by the
25 County. If costs remaining after the deduction of interest costs exceed the sum of
26 the deposits, the County shall invoice each Party for its prorated share of the
deficit. Each Party shall pay the invoice within 45 calendar days of the date of the
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Agreement No. D98 -034
1 invoice. If the sum of the deposits, including interest, exceeds the costs, the
2 County shall reimburse to each Party its prorated share of the excess, within 45
3 calendar days of the final accounting.
4 Section 8. AMENDMENT. This Agreement may be amended in writing only with the
unanimous approval of the parties.
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Section 9. LIABILITY. It is mutually understood and agreed that, merely by the
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virtue of entering into this Agreement, each Party neither relinquishes liability for
7 its own action nor assumes liability for the actions of other Parties. It is the
8 intent of the Parties that liability of each Party shall remain the same, while this
9 Agreement is in force, as it was before this Agreement was made.
10 Section 10. TERMINATION. Any Party wishing to terminate its participation in
11 this Agreement shall so notify all other Parties by March 1 of any year. Such
12 termination shall be effective the following June 30. The terminating party shall be
responsible for financial obligations hereunder to the extent incurred and agreed to
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by the Party prior to the effective date of termination. The balance of the Parties
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may continue in the performance of the terms and conditions of this Agreement on the
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basis of a revised allocation of cost based on the Funding formula in Exhibit B.
16 Section 11. AVAILABILITY OF FUNDS. The obligation of each Party is subject to
17 the availability of funds appropriated for this purpose, and nothing herein shall be
18 construed as obligating the Parties to expend or as involving the Parties in any
19 contract or other obligation for the future payment of money in excess of
20 appropriations authorized by law.
Section 12. EXECUTION OF AGREEMENT. This agreement may be executed in
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counterpart and the signed counterparts shall constitute a single instrument.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
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year first above written:
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IDate:
APPROVED AS TO FORM:
LAURENCE M. WATSON,
COUNTY COUNSEL
By:
Deputy
IDate:
Agreement No. D98 -034
COUNTY OF ORANGE
a political subdivision of the State of
California
By:
Chairman of the Board of Supervisors
ORANGE COUNTY FLOOD CONTROL DISTRICT
a special district of the State of
California
By:
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Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By:
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
Date:
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ICITY OF NEWPORT BEACH
Date:
ATTEST:
City Clerk
Agreement No. D98 -034
By:
Mayor
1998
APPROVED AS TO FORM:
City Attorney of Newport Beach
10
Attachment D
Newport Bay 1 San Diego Creek Watershed
Sediment Monitoring and In- Channel Basin Maintenance Program Elements
TMOL Elements
PROGRAM CRITERIA
TASKS I FUNDING SOURCE
ediment Committee shall conduct bathymetnc and vegetation surveys for (Contract batnymetr
Bay no less than once every three years' flt) (TMOL. 1.a. vegetation surveys
Sediment control measures snan be implemented and maintained to result in a luetemine can
reduction in the anent load of sediment in Newport Bay /San Diego Creek 50% reduction
ershed within 10 years... This information will be compared to the bathymetnc and
it studies information to determine if the monitoring data accurately reflects
ment deposition in the bay and creek channels and to determine compliance with
target.' (TMOL, 1.a, 1112)
pnanCe with this target will be evaluated by calculating the annual average lAddibonal monitoring !
of suspended solids measured in San Diego Creek at Jamboree Boulevard lat San Diego Creek at
ad) and Campus Drive over a 10 year period.' (TMDL. 1.a. 92) jJambonee
annels and topographic surveys of all the sediment control basins In the watershed (marks to monitor sediment
estimate the amount of deposition.' (TMOL, t.a. p2) changes
Iment Committee agencies shall provide a proposal for evaluating jUevelop a model for
with individual land use type load allocations..' (TMDL. t.a, Cs 0 & a) evaluating compliance with
individual land use type Ica
vegetation removal or eamlworx conducted between Marcn i ana aeptemaer 1nnnuat vegetation rer
be supervised by a qualified biologist. approved by OFBG.' (TMDL 1.a. f16) earthwork; contract a
qualified biologist
50% design capacity available prior to Nov. 15 of each year.' (TMOL. 1.a. V) Ifixed schedule
be
!d from areas that contribute sediment to the total load discharged to
Bay.' (TMDL. t.a. $11)
on a
sediment control program..' (TMDL 1.a, b9) Above
10. -The Sediment Committee shall propose monitoring stations and schedules to be Develop proposal for Shared Funding
established to monitor discharge of sediment from the Santa Ana Delhi Channel and monitoring stations and
Bonita Canyon Creek.' (TMDL t.b. 01) schedules
in the watershed.- (TMOL. 1.b. Lt)
nduct the scour studies for the drainages in the watershed to be conducted
nually. These surveys shall determine the amount of sediment accumulated in San
ego Creek and its tributaries. the in-channel basins. and any other sediment basins
the watershed.- (TMOL, 1.b, 02)
" opographic and vegetation surveys of Upper Newport Bay shall be conducted at
every three years. or as agreed upon by the Executive Officer.' (TMOL. 1.b, a0)
I of sediment deposition in the two in-bay basins and the other marine aquatic labove
areas and to determine changes in the areal extent of the existing aquatic
ono endangered species habitat areas.' (rMOL t.b. 94)
e Sediment Committee shall submit a report by November 1 of each year jAdditional November
tg whether the sediment basins in the watershed have at least 50% capacity' requiring late season
t.b, 05) data