HomeMy WebLinkAboutC-3243 - Cooperative Agreement for the Newport Bay/San Diego Creek Watershed Sediment Control Monitoring and In-Channel Maintenance Program0
ORANGE COUNTY
PublicWorks
Our Community. Our Commitment.
Bryan Speegle, Director
OC Watersheds
2301 N. Glassell Street
• Orange. CA 92865
Telephone: (714) 955-0635
Fax: (714) 955-0639
April 14, 2009
To: Distribution
SUBJECT: Revision of the Cost Share Funding Allocations — Cooperative Agreement
D98-034: Newport Bay/San Diego Creek Watershed Sediment Control
Monitoring and In -channel Maintenance Program
Please find attached the draft revised cost share funding allocations for Cooperative Agreement
D98-034. The cost share allocations are being revised pursuant to Section 5, once every five
years, and according to the funding formula provided in Exhibit B of the Agreement. An •
explanation of the funding formula is presented in the attachment.
Over the past five years, there have been significant changes in regards to population, land
ownership, and number of linear miles of eroding channels within the watershed (all funding
formula categories).
Please review the cost share formula at your earliest convenience. Upon review, the new
funding formula will be applied to the FY 2009-2010 draft budget and distributed for your review
and approval. If you feel a meeting is required to further discuss the funding formula let us
know and we will schedule one.
If you have any questions, please contact me at (714) 955-0630 or Jamie Habben at (714) 955-
0653.
Very truly yours, A
�f r. -.
1
Chrrs Crompton�i/ �J
— Manager, Environmental Resources
Attachments: Draft revised cost share funding allocations FY2010-2014
Distribution: Mike Loving, City -of Irvine
Bob Woodings, City of Lake Forest
Dave Kiff, City of Newport Beach
Tim Serlet, City of Tustin
Dean Kirk, The Irvine Company
Nadeem Majaj, County of Orange
Kevin Onuma, County of Orange
DRAFT Funding Allocations for Newport Bay / San Diego Creek Watershed
Sediment Control Monitoring and In -channel Maintenance Program
FY 2010-2014
PARTICIPANT
BENEFIT B
RATIO'
TOTAL
SQUARE
MILES'
SQ. MILES
WITHIN
WATERSHED
SEDIMENT SOURCES
PERCENTAGE
OF LAND AREA
IN WATERSHED
TOTAL
POPULATION a
ESTIMATED
POPULATION IN
WATERSHEDS
Linear Miles of
ErodrngChandels2
Sq. Miles ,ofNon
channel Erosion'
City of Irvine
15%
65.97
65.80
0
7.50
99.74
209,806
209,265
City of Lake Forest
10%
16.78
11.57
0
2.51
68.95
78,317
54,000
City of Newport Beach
35%
24.74
17.05
0
2.23
68.92
84,554
58,272
City of Tustin
10%
11.14
11.14
0
1.50
100.00
74,218
74,218
County of Orange / OCFCD
25%
175.23
14.95
11
5.98
8.53
122,032
10,411
The Irvine Company
5%
--
19.70
5.5
15.60
-
0
0
TOTAL
100%
293.86
140.21
16.5
35.32
-
568,927
406,167
SUMMARY / ALLOCATION TOTALS
PARTICIPANT
CATEGORY:
BENEFIT
RATIO
LAND
AREA
SEDIMENT
SOURCES
pOPULATIONs
2010-14
Funding
Allocation
2005-09
Funding
Allocation
1999-04
Funding
Allocation
WEIGHT:
35
10
40
15
City of Irvine
5.25%
4.69%
4.48%
7.73%
22.16%
17.48%
15.42%
City of Lake Forest
3.50%
0.83%
1.50%
1.99%
7.82%
6.85%
6.59%
City of Newport Beach
12.25%
1.22%
1.33%
2.15%
16.95%
16.53%
16.38%
City of Tustin
3.50%
0.79%
0.90%
2.74%
7.93%
7.28%
7.07%
County of Orange / OCFCD
8.75%
1.07%
16.16%
0.38%
26.36%
28.25%
24.14%
The Irvine Company
1.75%
1.41%
15.62%
0.00%
18.78%
23.61%
25.40%
Source: OCPW - Geomatics, February 2009
2 Estimated based on linear miles of earthen channels; OCFCD assumed to own all municipal facilities Source: OCPW - Geomatics
' Estimated sq. miles includes open space, agriculture, and non -urban area. Source: OCPW - Geomatics
° State of California, Department of Finance, E-1 Population Estimates for Cities, Counties and the State
with Annual Percent Change - January 1, 2007 and 2008. Sacramento, California, May 2008.
s Estimated Population in Watershed = Total Population x Percentage of Land Area in Watershed/100
6 LAND AREA = (Sq. Miles within Watershe4a,,;c;°aa,/ Total Sq. Miles of Watershed) x 0.10
SEDIMENT SOURCES = ((Linear milesa°;a;°an, l Linear milego,ajx(0.472) + (square mile;,articipant / square mileso,ai)x(0.528)) x 0.40
8 POPULATION = (Estimated Population in Watersherda,,;c°aa,/ Total Est. Population in Watershed) x 0.15
Explanation of Table
BENEFIT RATIO (Assigned 35 percent of the weighted share)
This is a subjective evaluation based on each Participant's proximity to Newport Bay,
access to recreational uses, and public or private benefit from its economic value.
LAND AREA (Assigned 10 percent of the weighted share)
This column identifies the total land area, in square miles, occupied'by each Participant
within the San Diego Creek/Newport Bay Watershed.
SEDIMENT SOURCES (Assigned 40 percent of the weighted share)
The Sediment Budget for the San Diego Creek Watershed, prepared by Dr. Stanley
Trimble, categorized sedimentation in Newport Bay as originating from "Channel
Erosion" (47.2%) and "Upland Erosion" (52.8%). This information was used to identify
sediment source allocations among the Participants.
Eroding Channels - This took only erodable earthen channels into consideration,
measured in linear miles. It is assumed that the Orange County Flood Control District
maintains these facilities within the incorporated areas. Weighted 47.2 percent.
Non -Channel ("Upland") Erosion - Specific geographical sources of sediment other than
channel erosion were not discussed in the Sediment Budget. Therefore, land uses were
estimated for each Participant, and the total land area of undeveloped, agricultural and
ranch land was identified as the major contributors. Weighted 52.8 percent.
POPULATION (Assigned 15 percent of the weighted share)
This column identifies the total population of the Participants in the watershed.
C 32- 3
Agreement D08-104
COOPERATIVE AGREEMENT FOR THE NEWPORT BAY WATERSHED AND THE CENTRAL WATERSHED
MANAGEMENT AREA
THIRD AMENDMENT AND FULL RESTATEMENT OF COOPERATIVE AGREEMENT
THIS THIRD AMENDMENT to the Cooperative Agreement is numbered D08-104
(hereinafter-t"COOPERATIVE AGREEMENT") and is made and entered into this I`
41 day of EM , 2009, by and between the County of Orange, the Orange
County Flood Control District, the Cities of Irvine, Lake Forest, Newport
Beach, Tustin, the California Department of Fish and Game, The Irvine
Company, the Regional Water Quality Control Board, Santa Ana Region and the
Irvine Ranch Water District. These entities are hereinafter sometimes jointly
referred to as the "PARTIES" and individually as "PARTY".
W ITNESSETH
WHEREAS, on September 30, 1983, a COOPERATIVE AGREEMENT was entered
into by the County of Orange, the Cities of Irvine and Newport Beach, The
Irvine Company, and the California Department of Fish and Game to implement
the Comprehensive Stormwater Sediment Control Plan (hereinafter "PLAN") in
the San Diego Creek -Newport Bay Watershed (hereinafter "NEWPORT BAY
WATERSHED") and established the Newport Bay Watershed Executive Committee;
and,
WHEREAS, the primary purpose of the PLAN is to reduce sedimentation of
Newport Bay; and
WHEREAS, the sediment affecting Newport Bay which originates in natural
open space lands as well as lands disturbed by manfor agricultural and urban
uses; and,
WHEREAS, if sedimentation of Newport Bay is not controlled, the State
ownedecological preserve in upper Newport Bay may continue to be degraded
and large amounts of sediment may be deposited in lower Newport Bay, thus
impairing the valuable small boat, commercial and recreational land uses;
and,
Final 2-10-09
CITY OF NEWPORT BEACH
Date:
By:
2009 Mayor
ATTEST: APPROVED AS TO FORM:
4114,
City Clerk
r\
ity Attorney of port Beach
THE IRVINE COMPANY
Date: , 2009
By:
President of the Irvine Company
APPROVED AS TO FORM:
Attorney for the Irvine Company
CALIFORNIA DEPARTMENT OF FISH AND GAME
Date:
By:
, 2009 Director
APPROVED AS TO FORM:
Attorney for California Department of
Fish and Game
n
Agreement No. D99-026
SECOND AMENDMENT TO THE COOPERATIVE AGREEMENT
SAN DIEGO CREEK/UPPER NEWPORT BAY WATERSHED
THIS SECOND AMENDMENT to the Cooperative Agreement is made and entered into this
OGU el
day of ,14//1,(,(' , 1911, by and between the County of Orange, the
Orange County Food Control District, the Cities of Irvine, Lake Forest, Newport Beach,
and Tustin, the California Department of Fish and Game, The Irvine Company, the
Regional Water Quality Control Board, Santa Ana Region and the Irvine Ranch Water
District.
WITNESSETH
WHEREAS, on September 30, 1983, a cooperative agreement ("AGREEMENT") was
entered into by the County of Orange, the Cities of Irvine and Newport Beach, The
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
Watershed and which same AGREEMENT established the Executive Committee; and
WHEREAS, in 1985 the AGREEMENT was amended to add the City of Tustin as a
participant; and
WHEREAS the Orange County Flood Control District has ownership, in fee and
easement, of flood control facilities in the San Diego Creek/Upper Newport Bay
Watershed and has previously supported the implementation of the AGREEMENT; and
WHEREAS, the City of Lake Forest was incorporated in 1991 and has over 4000
acres of watershed tributary to Upper Newport Bay; 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, nutrients, toxicity and pathogens; and
WHEREAS, the Irvine Ranch Water District has completed construction of the
third in -channel sediment basin in San Diego Creek and is committed through other
agreements to the maintenance of In -channel Basins 2 and 3; and,
1
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.
2
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:
1 2.
• /3I99
COUNTY OF ORANGE
a political subdivision of the State of
California
Chairman of the Board of Supervisors
ORANGE COUNTY FLOOD CONTROL DISTRICT
a special district of the State of
California
By:
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:
3
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CITY OF IRVINE
Date:
ATTEST:
, 1998
City 1
rk
APPROVED AS TO FORM:
City Ane
oaf Irvine
4
• •
CITY OF LAKE FOREST
Date: ZatU, 1998
ATTEST:
By:
Mayor
APPROVED AS TO FORM:
5
CITY OF NEWPORT BEACH
Date:
//-1"7
, 1998
APPROVED AS TO FORM:
ATTEST:
i• _^
liaWC
G
City Clerk City Attorney of Newpoft Beach
6
CITY OF TUSTIN
Date: // - S—
ATTEST:
City Clerk
, 1998
By:
Mayor
APPROVED AS TO FORM:
City Attorney
in
THE IRVINE COMPANY
Date:
By:
MONICA FLORIAN
ITS: Sr. Vice President
Corporate Affairs
DANIEL C. HED'IGAN
ITS: Assistant Secretary
THE IRVINE RANCH WATER DISTRICT
Date: , 1998
By:
APPROVED AS TO FORM:
Attorn-y for Irvine Ranch Water District
9
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CALIFORNIA DEPARTMENT OF
FISH AND GAME
Date: 6304-047 ic
, 199,
By:
Director
APPROVED AS TO FORM:
Attorney for California Department of
Fish and Game
10
CALIFORNIA REGIONAL WATER
QUALITY CONTROL BOARD,
SANTA ANA REGION
Date:
1998
By:
Chairman
APPROVED AS TO FORM:
Attorney for the California Regional Water
Quality Control Board, Santa Ana Region
11
Agreement No. D98-034
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COOPERATIVE AGREEMENT
NEWPORT BAY/SAN DIEGO CREEK WATERSHED SEDIMENT
CONTROL MONITORING AND IN -CHANNEL MAINTENANCE PROGRAM
THIS AGREEMENT, for purposes of identification numbered D98-034, is made and
entered into this NA) day of , 1999, by and Letween the County of Orange
("County"), the
Orange County Flood Control District
("District"), the City of Irvine
("Irvine"), the City of Lake Forest ("Lake Forest"), the City of Newport
Beach("Newport Beach"), the City of Tustin ("Tustin"), and The Irvine Company. The
seven entities are hereinafter sometimes jointly referred to as the "Parties" and
individually as "Party".
WITNESSETH
WHEREAS a Comprehensive Stormwater Sediment Control Plan ("PLAN") was prepared
for the Newport Bay/San Diego Creek Watershed in 1983; and,
WHEREAS an element of the PLAN is to perform sediment monitoring within the
Newport Bay/San Diego Creek Watershed; and,
WHEREAS all the Parties have entered into a cooperative agreement dated
September 30, 1983 ("AGREEMENT"), as amended in 1985 and 1998, for the purpose of
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
and assess the effectiveness of the various elements of the PLAN; and,
WHEREAS, the AGREEMENT established an Executive Committee to review and report
progress on the PLAN and other common watershed issues; and
WHEREAS, Irvine, Newport Beach and The Irvine Company funded a sediment
monitoring program conducted by the U.S. Geological Survey from September 1982,
through September 1984; and
WHEREAS, the County, Irvine., Newport Beach, Tustin and The Irvine Company
have, by agreement, funded a sediment monitoring program conducted by the County from
September 1985, through to the present, the most recent agreement being dated August
20, 1996; and,
•
1
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 to
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
allocating 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
2
Agreement No. D98-034
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 fox 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, 1984 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 4. 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:
3
• •
Agreement No. D98-034
Cost Per Participant
Participant % 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.
4
Agreement No. D98-034
Section 7. PAYMENTS.. By September 1, 1998, or within 15 calendar days of the
signing of this Agreement by the Board of Supervisors, whichever comes later, the
County shall send the Parties an invoice for a deposit which constitutes a share
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.
If at any time during a given fiscal year the program costs exceed the sum of
the deposits, the County shall submit invoices to the Parties to recover the deficit
provided that it is within the current approved budget. The share for each Party
shall be prorated according to the formula above. Each Party shall pay the invoice
within 45 calendar days of the billing date.
The County shall prepare a fiscal year end accounting within 60 calendar days of
the end of the fiscal year. If the fiscal year end accounting results in costs (net
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
approved budget. Each Party shall pay the billing within 45 calendar days of the date
of the invoice. If the fiscal year end accounting results in the sum of the deposits
exceeding costs (net of interest earnings), the excess deposits will carry forward to
reduce the billings for the following year.
After the initial billing for the program, the County shall invoice each party
for its annual deposit at the beginning (July 1) of each fiscal year. Each Party
shall pay the deposit within 45 calendar days of the date of the invoice. Each
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
accounting.
Interest earned on the Parties' deposits will not be paid to the Parties, but
will be credited against the Parties' share of the program costs.
Upon termination of the program a final accounting shall be performed by the
County. If costs remaining after the deduction of interest costs exceed the sum of
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
5
Agreement No. D98-034
invoice. If the sum of the deposits, including interest, exceeds the costs, the
County shall reimburse to each Party its prorated share of the excess, within 45
calendar days of the final accounting.
Section 8. AMENDMENT. This Agreement may be amended in writing only with the
unanimous approval of the parties.
Section 9. LIABILITY. It is mutually understood and agreed that, merely by the
virtue of entering into this Agreement, each Party neither relinquishes liability for
its own action nor assumes liability for the actions of other Parties. It is the
intent of the Parties that liability of each Party shall remain the same, while this
Agreement is in force, as it was before this Agreement was made.
Section 10. TERMINATION. Any Party wishing to terminate its participation in
this Agreement shall so notify all other Parties by March 1 of any year. Such
termination
responsible
by the Party
may continue
shall be effective the following June 30. The terminating party shall be
for financial obligations hereunder to the extent incurred and agreed to
prior to the effective date of termination. The balance of the Parties
in the performance of the terms and conditions of this Agreement on the
basis of a revised allocation of cost based on the funding formula in Exhibit B.
Section 11. AVAILABILITY OF FUNDS. The obligation of each Party is subject to
the availability of funds appropriated for this purpose, and nothing herein shall be
construed as obligating the Parties to expend or as involving the Parties in any
contract or other obligation for the future payment of money in excess of
appropriations authorized by law.
Section 12. EXECUTION OF AGREEMENT. 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:
6
Agreement No. D98-034
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COUNTY OF ORANGE
a political subdivision of the State of
California
Date: By:
APPROVED AS TO FORM:
LAURENCE M. WATSON,
COUNTY COUNSEL
By: ILL) 1" .
Deputy
Date:
3 I 1 I CI
Chairman of the Board of Supervisors
ORANGE COUNTY FLOOD CONTROL DISTRICT
a special district of the State of
California
By:
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:
DARLE
Lilitqlk
E J BLOOM
Clerk of the Board of Supervisors of
Orange County, California
Date:
7
Agreement No. D98-034
CITY OF IRVINE
Date: , 1998
ATTEST:
By:
Mayor
APPROVED AS TO FORM:
It
City r r. ney'of°Irvine
8
Agreement No. D98-034
CITY OF LAKE FOREST
By:
ATTEST:
City C
/(27
APPROVED AS TO FORM::
Mayor
f La Po & La
9
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CITY OF NEWPORT BEACH
Date:
71 (-7
ATTEST:
City Clerk
, 1998
t fla '6, 7
Agreement No. D98-034
APPROVED AS TO FORM:
City Attorney of Newort Beach
10
Agreement No. D98-034
CITY OF TUSTIN
Date: /• - 3 - 21?
ATTEST:
City Clerk
By:
Mayor
APPROVED AS TO FORM:
City Attorney'
11
Agreement No. D98-034
THE IRVINE COMPANY
Date:
, 199/9
By:
4L,„
MONICA FLORIAN
ITS: Sr. Vice President
Corporate Affairs
By:
DANIEL C. HEDIGAN
ITS: Assistant Secretary
12
EXHIBIT A
Newport Bay / San Diego Creek Watershed
Sediment Monitoring and In -Channel Basin Maintenance Program Elements
TMDL Elements
PROGRAM CRITERIA
TASKS
FUNDING SOURCE
1. "The Sediment Committee shall conduct bathymetric and vegetation surveys for
Newport Bay no less than once every three years." (TMDL, 1.a, #1)
Contract bathymetric and
vegetation surveys
Shared Funding
2. "Sediment control measures shall be implemented and maintained to result in a 50%
reduction in the current load of sediment in Newport Bay/San Diego Creek Watershed
within 10 years... This information will be compared to the bathymetric and scour
studies information to determine if the monitoring data accurately refiects sediment
deposition in the bay and creek channels and to determine compliance with this target."
(TMDL, 1.a.*2)
Determine compliance with
50% reduction
Shared Funding
3. "Compliance with this target will be evaluated by calculating the annual average
amount of suspended solids measured in San Diego Creek at Jamboree Boulevard
(SIC -Road) and Campus Drive over a 10 year period? (TMDL, 1.a, *2)
Additional monitoring station
at San Diego Creek at
Jamboree
Shared Funding
4. "Compliance with this target will be evaluated by... conducing studies of the creek
channels and topographic surveys of all the sediment control basins in the watershed to
estimate the amount of deposition." (TMDL, 1.a. *2)
Establish datums / bench
marks to monitor sediment
changes (see also "208
Elements," Task 1)
Shared Funding
5. "The Sediment Committee agencies shall provide a proposal for evaluating
compliance with individual land use type load allocations..." (TMDL. 1.a, #s 3 & 4)
Develop a model for
evaluating compliance with
individual land use type load
allocations
Shared Funding
6. "Any vegetation removal or earthwork conducted between March 1 and September 1
shall be supervised by a qualified biologist, approved by DFBG' (TMDL, 1.a. *6)
Annual vegetation removal /
earthwork: contract a
qualified biologist
Shared Funding
7. "All in -channel and foothill sediment control basins... shall be maintained to have at
least 50% design capacity available prior to Nov. 15 of each year." (TMDL. 1.a, #7)
Dredging of Basins on a
fixed schedule
tn-Channel=Shared Funding
Foothill=District Funding
8. "The Sediment Committee shall evaluate: 1) the amount of sediment being
discharged from areas that contribute sediment to the total load discharged to Newport
Bay." (TMDL, 1.a. 49)
To be included in Task 5
Above
Shared Funding
9. 'Tr* Sediment Committee shall evaluate:... 2) the effectiveness of the local
sediment control program..' (TMDL. 1.a. S9)
To be included in Task 2
Above
Shared Funding
10. "The Sediment Committee shall propose monitoring stations and schedules to be
established to monitor discharge of sediment from the Santa Ana Delhi Channel and
Bonita Canyon Creek' (TMDL, 1.b, #1)
Develop proposal for
monitoring stations and
schedules
Shared Funding
11.'The Sediment Committee shall... evaluate the effectiveness of the BMPs being
implemented in the watershed." (TMDL. 1.b, #1)
To be included in Task 2
Above
Shared Funding
12. 'The Sediment Committee shall propose monitoring stations and schedules to
conduct the scour studies tor the drainages in the watershed to be conducted annually.
These surveys shall determine the amount of sediment accumulated in San Diego
To be included in Task 4
above
Shared Funding
Creek and its Tributaries, the in -channel basins. and any other sediment basins in the
watershed " (TMDL, 1.b, #2)
13, `Topographic and vegetation surveys of Upper Newport Bay shall be conducted at
least every three years. or as agreed upon by the Executive Officer: (TMDL. 1.b. *3)
To be included in Task 1
above
Shared Funding
14. "The topographic and vegetation surveys snail be conducted to determine the
amount of sediment deposition in the two in -bay basins and the other marine aquatic
habitat areas and 10 determine changes in the areal extent of the existing aquatic
wildlife and endangered species habitat areas." (TMDL 1.b. *4)
To be included in Task 1
above
Shared Funding
15. 'The Sediment Committee shall submit a report by November 1 of each year
certifying whether the sediment basins in the watershed have at least 50% capacity."
(TMDL 1 .b. S5)
Additional November report
requiring late season survey
data
Shared Funding
• EXHIBIT A (cont') •
Newport Bay / San Diego Creek Watershed
Sediment Monitoring and In -Channel Basin Maintenance Program Elements
208 Elements
PROGRAM CRITERIA
TASKS
FUNDING SOURCE
1. Following the conclusion of significant storm seasons, the County Surveyor will
conduct a scour study of San Diego Creek Reach 1 and 2 (between Jeffrey and
Jamboree Roads) and Peters Canyon Wash Reach 1 (downstream of the Santa Ana
Freeway to its confluence with San Diego Creek).
Complete scour studies (see
also 'TMDL Elements," Task
4)
District Funding
2. The District operates continual streamflow stations at Barranca Parkway on Peters
Canyon Wash and at Culver Drive and Campus Drive on San Diego Creek.
Maintain streamgages
District Funding
3. During storms greater than 0.5 inches of rain, fluvial sediment samples will be taken
from each station with an attempt to cover both the ascending and descending phases
of flow and the peak discharge.
Collect and analyze fluvial
sediment samples
Shared Funding
4. Changes in the watershed and re -surveying a number of established channel cross-
sections will be completed after major storm years. The sediment budget will be
updated when necessary.
Complete channel erosion
studies
Shared Funding
5. Bed -load grab samples will be collected during and after the storrn season from the
In -channel basins and analyzed for particle size.
Collect and analyze bed load
grab samples
Shared Funding
6. All local participants prepare documents describing changes in the watershed and/or
stream system and engage consultants to develop information on the watershed.
Participants will make this information available.
Submit participant
information
Individual Funding
7. Sediment samples will be collected from the In -bay Basins following significant storm
seasons and analyzed for particle size.
Collect and analyze
sediment samples
Shared Funding
8 During significant storm events, current velocities and directions, suspended solids
(including particle size distribution). water temperature and electrical conductivity will be
taken in Upper Newport Bay. Sediment samples will be collected and analyzed for
particle size
Collect field information and
analyze samples
Shared Funding
Exhibit B
Funding Allocations for Newport Bay / San Diego Creek Watershed
Sediment Control Monitoring and In -channel Maintenance Program'
Entity
Benefit Ratio
Land Area
Percentage of
Sediment Sources
%of Total
Sediment
Population
•
•. % of Total
(sq. mi.)
Total Land Area
Linear Miles of
Sq. Miles of Nan-
Sources in
Population in
in Watershed
Eroding Channels'
channel Erosion°
Watershed'
Watershed
(Weight =47.110
(Weight= S2.13%)
City of Tustin
10.00%
11.09
8.85%
0
0.22
0.31%
F2,500
17.07%
City of Irvine
15.00%
46.72
37.29%
0
2.34
3.30%
127,200
34.14%
City of Newport Beach
35.00%
14.75
11.77%
0
0.30
0.42%
69.100
18.55%
City of Lake Forest
10,00%
7.13
5.69%
0
0.36
0.50%
57,600
15.46%
County of Orange I OCFCD
25.00%
18.24
14.56%
20.94
13.68
41.79%
55,043
14.77% '
The Irvine Company
5.00%
27.35
21.83%
23.02
20.52
53.68%
0
0.00%
Totals
100 00%
125 28
100.00%
43.96
37.40
100.00%
372,543
100.00%
Benefit Ratio
Land Area
Sediment
Sources
Population
Funding
Category Weight 35 10 40 15
Allocation
City of Tustin
3.50%
0. 89%
0.13%
2.56%
7.07%
City of Irvine
5.25%
3.73%
1.32%
5.12%
15.42%
City of Newport Beach
12.25°/%
1.18%
0.17%
2.78°/0
16.38%
City of Lake Forest
3.50%
0.57%
0.20°h
2.32%
6.59%
County of Orange / OCFCD
8.75%
1.46%
16.72%
2.22%
29.14%
The Irvine Company
1.75%
2.18%
21.47%
0.00%
25.40%
'Five-year program; thereafter, allocations will be updated every five years
1 Estimated based on linear miles of earthen channels; OCFCD assumed to own all municipal facilities
g Estimated in sq, mi, based on land use maps provided by Participants; includes open space, agriculture and urban areas
4 =[(Linear milespani„parn / Linear milestmadx(0.472) + (square milespa,l;epa„ 1 / square milesl0,el)x(0.528)]
BASIS OF EXHIBIT B
BENEFIT RATIO
This Is a subjective ev&Nation based on each Participant's proximity la
Newport Bay. access to recreational uses, and public or private benefit
from Its economic value. Assigned 35 percent of Ors weighted share
LAND AREA
This Column Identifies the total land area occupied by each Participant (in
square miles) within the San Diego Creek Watershed. Aaslgned 10
percent of the weighted share
SEDIMENT SOURCES
The Sediment Budget for the San Diego Creek Watershed. prepared by •
Dr. Stanley Tdmble. calegorized sedimentation in Newport Bay as
originating from Channel Erosion (47.2%) and -Upland Erosion- (52 814)
This information was used to identify sediment source allocations among
the Participants. Assigned 40 percent of the weighted share.
Ended Channels - This look only erodeWe earthen channels into
consideration. measured in linear mites. It is assumed that the Orange
County Flood Control District maintains these facilities within the
incorporated areas. Weighted 47 2 percent
Non -Channel Ndandl Erosion . Specific geographical sources M
sediment other IEen channel erosion were not discussed in the Sediment
Budget. Therefore. and uses were estimated for earn Participant end
the total land area of undeveloped. agricultural and ranch land was
identified as the major cOnblbutars Weignled 52 8 percent
POPULATION
This column identifies the Iola, popubtion of the Participants in the
watershed Assigned 15 percent of the weighted share.
• Exhibit C •
Newport Bay Sediment Monitoring Program
1998-99 Proposed Budget
Element Costs
Line Item Cost Sub Totals
Existing Sediment Monitoring Program $45,000
TMDL Program
In -Bay Elements'
1. Bathymetric 8 Vegetation Surveys
(Tasks 1, 13 and 14, TMDL Elements)
$35,000
Non -Bay Elements
1. Determining Compliance wI Reduction Target
(Tasks 2, 9 and 11, TMDL Elements) $10,000
2. Sed. Monitoring, San Diego Creek @ Jamboree
(Task 3, TMDL Elements) $5,000
3. Monitor Sedimentation Changes in Watershed
(Tasks 4 and 12, TMDL Elements) $20,000
4. Evaluating Compliance w/ Land Use Allocations
(Tasks 5 and 8, TMDL Elements) $10,000
5. Additional Reporting Requirements
(Task 15, TMDL Elements) $5,000
6. Maintain New Monitoring Stations
(Task 10, TMDL Elements) $20,000
One -Time Consultant
& Equipment Costs
1. Determining Compliance w/ Reduction Target
(Task 2, TMDL Elements)
2. Develop Model for Land Use Allocation Req.
(Task 5, TMDL Elements)
3. Develop Proposal for New Monitoring Stations
(Task 10, TMDL Elements)
$25,000
$50,000
$20,000
$45,000
$35,000
$70,000
$95,000
TOTAL COST
$245,000
' does not include costs for In -bay Basin cleaning
Cost Per Participant
Participant % Share Cost
County of Orange 29.14% $71,393
The Irvine Company 25.40% $62,230
City of Newport Beach 16.38% $40,131
City of Irvine 15.42% $37,779
City of Tustin 7.07% $17,322
City of Lake Forest 6.59% $16,146
TOTAL $245,000
Exhibit C (cont')
Newport Bay Sediment Monitoring Program
1999-2000 Proposed Budget
Element Costs
Line Item Cost Sub Totals
Existing Sediment Monitoring Program $45,000
TMDL Program
In -Bay Elements*
1. Bathymetric 8 Vegetation Surveys
(Tasks 1, 13 and 14, TMDL Elements)
Non -Bay Elements
1. Determining Compliance w/ Reduction Target
(Tasks 2, 9 and 11, TMDL Elements)
2. Sed. Monitoring, San Diego Creek @ Jamboree
(Task 3, TMDL Elements)
3. Monitor Sedimentation Changes in Watershed
(Tasks 4 and 12, TMDL Elements)
4. Evaluating Compliance w/ Land Use Allocations
(Tasks 5 and 8, TMDL Elements)
5. Vegetation Removal / Earthwork
(Task 6, TMDL Elements)
6. Additional Reporting Requirements
(Task 15, TMDL Elements)
7. Maintain New Monitoring Stations
(Task 10, TMDL Elements)
8. Reserve Fund for Cleaning In -channel Basin 1
(Task 7, TMDL Elements)
$35,000
$10,000
$5,000
$20,000
$10,000
$1,000
$5,000
$20,000
$100,000
$45,000
$35,000
$171,000
TOTAL COST
$251,000
• does not include costs for In -bay Basin cleaning
Cost Per Participant
Participant % Share Cost
County of Orange 29.14% $73,141
The Irvine Company 25.40% $63,754
City of Newport Beach 16.38% $41,114
City of Irvine 15.42% $38,704
City of Tustin 7.07% $17,746
City of Lake Forest 6.59% $16,541
TOTAL $251,000