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HomeMy WebLinkAbout04 - Cooperative Agreement to Implement TMDL ProgramJ � Agenda Item No. 4 June 26, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644- 3311,sbadum @newportbeachca.gov PREPARED BY: John Kappeler, Water Quality Manager APPROVED: ti TITLE: Cooperative Agreement to Implement Total Maximum Daily Load Programs for Nutrients, Fecal Coliform Bacteria and Toxics in the Newport Bay Watershed ABSTRACT: Staff recommends the City of Newport Beach sign a new Cooperative Agreement to implement nutrient, fecal coliform bacteria and toxics Total Maximum Daily Load (TMDL) programs within the Newport Bay Watershed. RECOMMENDATION: Authorize the Mayor and the City Clerk to execute Cooperative Agreement D11 -066 to fund the TMDL programs, studies and monitoring for the Newport Bay Watershed. FUNDING REQUIREMENTS: Funding requirements under this agreement are included in the operations and maintenance section of FY12/13 budget (Account No. 5060 - 80809). The total TMDL budget for FY 2012- 13 is approximately $1.5 million of which the City's share is approximately $113,000. DISCUSSION: The Newport Bay Watershed has creeks and bay water quality impairments caused by nutrient, fecal coliform bacteria and toxic pollutants where impairment has been defined by Section 303(d) of the federal Clean Water Act. (Note there is also impairment by sediment which is covered under a separate cooperative agreement). The U.S. Environmental Protection Agency and the State Water Resources Control Board via the California Regional Water Quality Control Board, Santa Ana Region (Regional Board) are directed to prepare clean up plans called TMDLs for the watershed. TMDLs require the reduction of pollutant Cooperative Agreement to Implement Total Maximum Daily Load Programs for Nutrients, Fecal Coliform Bacteria and Toxics in the Newport Bay Watershed June 26, 2012 Page 2 loads within a prescribed schedule. The requirements of the TMDLs are incorporated into the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System Permit. For our watershed (San Diego Creek /Newport Bay), the entities responsible for implementing this TNIDL are the County of Orange, Orange County Flood Control District, Irvine Ranch Water District, Irvine Company, Lennar Homes of California, and the Cities of Costa Mesa, Irvine, Laguna Hills, Laguna Woods, Lake Forest, Newport Beach, Orange, Santa Ana and Tustin. Each of the listed parties cooperates via a Cooperative Agreement (formally executed in September 2003 and amended in 2006 and 2009, which went to Council on June 24, 2003, June 26, 2006, and March 24, 2009, respectively) to implement and administer the obligations of the TMDLs. The latest agreement terminates in June 2012. The proposed revised Agreement provides for an agreement term through June 30, 2015. The Agreement may be renewed for an additional three -year term with approval of the parties. The Agreement includes a funding formula developed by the partners to implement the TMDL programs in the Newport Bay watershed. Under the new agreement, a revised funding formula was reviewed and approved by the management staff to better appropriate and fairly distribute the programs cost. The City's share of the TMDL management, planning and monitoring cost will increase from 6.5% to 7.55 %, however, we expect the City's total overall cost for this TMDL compliance program will go down in the long term as individual project cost have been limited or removed from the base budget and will be charged back to the responsible or directly affected agencies. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQX) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change In the environment) and 15060(c)(3) (Architectural and Engineering services is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirect:y. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: A, Cooperative Agreement (D11 -066) z Agreement No. Dll -066 AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD ( "TMDL ") PROGRAMS IN THE NEWPORT BAY WATERSHED THIS AGREEMENT, for purposes of identification munbeved D11 -066, referred to hereinafter as "AGREEMENT ", is made and entered into this _ day of .201_, by and between the County of Orange ( "COUNTY "), the Orange County Flood Control District ("DISTRICT "), the City of Costa Mesa ( "COSTA MESA "), the City of Irvine (" TRVINE "), the City of Laguna Hills ( "LAGUNA HILLS "), the City of Laguna Woods ( "LAGUNA WOODS "), the City of Lake Forest ( "LAKE FOREST "), the City of Newport Beach ( "NEWPORT BEACH "), the City of Orange ( "ORANGE "), the City of Santa Ana ('BANTA ANA"), the City of Tustin ( "TUSTIN "), the Irvine Ranch Water District ( "IRWD ") and the Irvine Company ( "TIC "), and Lemur Homes of California, Inc( "LENNAR "). The fourteen entities are hereinafter sometimes jointly referred to as the "PARTIES" and 'individually as "PARTY." The cities are hereinafter sometimes jointly referred to as the "CITIES." The CITIES, COUNTY and DISTRICT are hereinafter sometimes jointly referred to as the "MUNICIPAL PARTIES." Thirteen entities (all entities exceptfor LENNAR) are sometimes jointly referred to as the "ORIGINAL PARTIES." WYfNESSETH WHEREAS, the California Regional Water Quality Control Board, Santa Ana Region ( "REGIONAL BOARD ") has adopted Resolution No. 98 -9, as amended by Resolution No. 98 -100 amending the Water Quality Control Planfor [lie Santa Ana River Basin to incorporate a Nutrient TMDL for the Newport Bay /San Diego Creek Watershed on April 17,1998 and Resolution 99 -10 amending the Water Quality Control Plan for the Santa Ana River Basin to incorporate a TMDL for Fecal Coliform in Newport Bay on April 9,1999 pursuantto the provisions of section 303(d) of the Clean Water Act; and, WHEREAS, the United States Environmenhl Protection Agency (USEPA) has established TMDLs for toxic pollutants, for San Diego Creek and Newport Bay, California on June 14, 2002, and the REGIONAL BOARD is developing implementation plans for each of the toxic pollutants; and, Page 1 of 22 Agreement No. D11 -066 WHEREAS, the adopted TMDLs contain requirements for studies, monitoring, and the development of programs to attain TMDL reduction targets over a multi-year period; and, WHEREAS,.these TMDLs are included in the National Pollutant Discharge Elimination System ( "NPDES ") Municipal Permit Order No. RS- 2009 -0030 that require a cooperative watershed program; and, . WHEREAS, the ORIGINAL PARTIES entered into Agreement No. D99 -128 on September 18, 2003 and subsequent amendments on July 5, 2006, March 29, 2008 and July 8, 2010 to provide funding for the Nutrient, Fecal Coliform, and Toxics Total Maximum Daily Load (TMDL) studies in the Newport Bay Watershed; and, WI-IEREAS, the PARTIES intend this AGREEMENT as a successor to Agreement No. D99 -128 to provide for the performance of studies, research, monitoring, development and /or revision of programs related to the adopted TMDU for nutrients, fecal coliform and toxics and current and future Clean Water Act §303(d) listings, as well as planning, permitting, design, construction, and maintenance of TMDL pilot projects ( "PILOT PROJECTS "); and WHEREAS, the PARTIES have reached agreement on a funding formula which is shown in Exhibit A; and WHEREAS, in the event that long -term watershed funding is secured prior to AGREEMENT expiration, the PARTIES intend to amend the AGREEMENT to incorporate this funding through revised cost share allocations; and, WHEREAS, it is recognized that regulatory comipbance gaited through the activities herein apply to all PARTIES equally, and WI IEREAS, it is recognized that additional compliance efforts may be necessary and the PARTIES may choose to fund projects under separate agreements; and NOW, THEREFORE, in consideration of the foregoing, the PARTIES agree as follows: Page 2 of 22 I Agreement No. Dll -066 Section 1. PURPOSE. TMs. AGREEMENT is entered into for the purpose of funding and performing program acHvities related to the adopted TMDLs for nutrients, fecal coliform, and toxics and current and future Clean Water Act §303(d) listings in the Newport Bay Watershed. Section 2, TERM, The term of this AGREEMENT shall commence upon approval and execution of this AGREEMENT by all PARTIES or July 1, 2012, whichever is later, and shall continue until June 30, 2015. The AGREEMENT may be renewed for an additional three (3) year term rum -drag July 1, 2015 to June 30, 201E with approval of the PARTIES. Section 3. PROGRAM WORK PLAN. The COUNTY shall work in concert with all PARTIES to develop a work plan for the.following fiscal year. The work plan for the upcoming fiscal year shall be submitted to each of the PARTIES by December 15 of each year. The work plan may designate a PARTY as a lead other than the COUNTY for a work plan task(s). Section 4. BUDGET AND COSTS. The COUNTY shall work in concert with all the PARTIES to develop a budget for the following fiscal year. Budgeted amounts for PILOT PROJECT(S) shall not exceed $200,000 for all pilot projects in anyone fiscal year. The budget for the upcoming fiscal year shall be submitted to each of the PARTIES by December 15 of each year. The budget shall conta n an explanation of any recommended program changes, an estimate of all plarvied expenditures and an estimate of the payment required from each PARTY for the following fiscal year. The COUNTY shall be entitled to charge to the program all costs for direct labor, materials, equipment and outside contract services for costs associated with carrying out the approved scope of work. Recoverable costs will also include an overhead charge. Section 5. WORK PLAN TASK LEAD REIMBURSEMENT. If a PARTY is designated as a task lead, upon written authorization from COUNTY, the PARTY shall invoice the COUNTY for authorized expenses up to the approved budget amount for the work plain task. Section 6. APPROVALS AND ADJUSTMENTS. The PARTIES shall be permitted to review and approve the budget and program work plan for the forthconung year, review work products, and provide direction for performance of the work plan. The PARTIES shall be notified of the intent to issue Page 3 of 22 Agreement No. D11 -066 contracts to perform. the program work plan, shall be permitted to participate in the preparation and review of the scope of work for such contracts, and to serve on the committee evaluating consultant qualifications /proposals subject to the requirements of the County of Orange Contract Policy Manual. Criterion for approval of the work plan and budget shall be affirmative responses h om PARTIES representing ninety percent (90 %) of the Cost Share Percentage in Exhibit A and 12 of the 13 PARTIES. The COUNTY and DISTRICT will constitute one approving PARTY. Any PARTY not providing a response by July 15 of each year shall be considered as rendering an affirmative response. Criterion for approval of adjustments to scopes of work shall be the same as for the approval of the work plan and budget. Section 7. FUNDING COST SHARE ALLOCATIONS. Exhibit A, which is attached to this AGREEMENT and by this reference is made a part hereof, presents the funding formula and the fiscal year 2012 -13 cost share percentages for the PARTIES. Land area calculations will be reviewed and revised as needed. A request for information documenting changes in land area will be made to the PARTIES each year by November 1. Section S. PAYMENTS. The COUNTY shall invoice each PARTY for its annual deposit at the begiiu.ing 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 its prorated share of the approved annual budget, reduced. by the sum of (a) its prorated share of any surplus identified in the prior fiscal year end accounting, and (b) its prorated share of any funding provided for programs in the approved budget . from entities not party to this AGREEMENT. .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. The COUNTY shall notify each of the PARTIES if it appears that costs may exceed the budget approved by the PARTIES in any fiscal year. 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, and the COUNTY has notified and obtained Page 4 of 22 Agreement No. DII -066 approval from the PARTIES of potential cgst overruns, the COUNTY shall seek approval of the excess cost from the PARTIES in the form of a revised budget and, upon approval, shall invoice each PARTY for its prorated share of the excess cost up to the amount of the revised 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 stun of the deposits exceeding costs (net of interest earnings), the excess deposits will carry forward to reduce the billings for the following year. The fiscal year end accounting results and associated invoices for each PARTY will take into consideration any outside funding provided for programs in the approved budget from entities not party to this AGREEMENT. Upon termination of the program, a final accounting sball 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 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 9. ADDITIONAL PARTIES. It is recognized that there may be other parties who wish to participate in and provide funding for the activities described in this AGREEMENT. Nothing in this AGREEMENT is intended to preclude additional participants being added by written amendment as parties to this AGREEMENT pursuant to Section 10. Cost allocations for the additional parties and PARTIES will be revised based on the funding formula in Exhibit A. Section 10. AMENDMENT. This AGREEMENT may be amended in writing only with the unanimous written approval of the parties. Section 11. LIABILITY. It is mutually understood and agreed that, merely by the virtue of entering into this AGREEMENT, each PARTY neither relinquishes any rights nor assumes any liabilities for its own actions or the actions of other PARTIES. Iris the intent of the PARTIES that the rights and liabilities of each Party shall remain the same, while this AGREEMENT is in force, as it was before this AGREEMENT was made, except as otherwise specifically provided in this agreement. Page 5 of 22 7 Agreement No. Dll -066 Section 12. TERMINATION. Any PARTY wishing to terminate its participation in this AGREEMENT shall so notify all other PARTIES in writing by March 1 of any year. Such termination shall be effective the following June 30. The terminating PARTY shall be responsible for financial obligations hereunder to the extent incurred in accordance with this agreement by the PARTY prior to the effective date of termination. The balance of the PARTIES may continue 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 A. Section 13. 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 14. NO THIRD PARTY BENEFICIARIES. Nothing expressed or mentioned in this AGREEMENT is intended or shall be construed to give any person, other than the PARTIES hereto and any entity in which a PARTY has a legal interest (such as, but not limited to, a limited liability membership interest or a partnership interest), and any permitted successors or assigns of a PARTY, any legal or equitable right remedy or claim under or in respect of this AGREEMENT or any provisions herein contained. This AGREEMENT and any conditions and provisions hereof is intended to be and is for the sole and exclusive benefit of the PARTIES and the entities in which they have a legal interest and thew successors or assigns and for the benefit of no other person, agency or entity. Section 15. REFERENCE TO CALENDAR DAYS. Any reference to the word "day" or "clays" herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. Section 16. ATTORNEYS FEES. In any action or proceeding brought to enforce or interpret any provision of this AGREEMENT, or where any provision hereof is asserted as a defense, each. PARTY shall bear its Dwn attorneys' fees and costs. Section 17. ENTIRE AGREEMENT. This AGREEMENT is intended by the PARTIES as a final expression of their agreement and intended to be a complete and exclusive statemeut of the agreement Page 6 of 22 J Agreement No. Dll -066 and understanding of the PARTIES hereto in respect of the subject matter contained herein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein. This AGREEMENT supersedes all prior agreements and understandings between the PARTIES with respect to such matter: Section 18. SEVERABILITY. If any part of this AGREEMENT is held, determined or adjudicated to be illegal, void, or unenforceable by a court of competentjtu,isdiction, the remainder of this AGREEMENT shall be given effect to the fullest extent reasonably possible. Section 19. SUCCESSORS AND ASSIGNS. The terms and provisions of this AGREEMENT shall be binding upon and inure to the benefit of the PARTIES hereto and their successors and assigns. Section 20. NOTICES. All notices requb ed or desired to be given under this AGREEMENT shall be in writing and (a) delivered personally, or (b) sent by certified mail, return receipt requested or (c) sent by electronic mail followed by a mailed copy, to the addresses specified below, provided each PARTY may change the address for notices by giving the other PARTIES at least ten (10) days written notice of the new address. Notices shall be deemed received when actually received in the office of the addressee or when delivery is refused, as shown on the receipt of the U.S. Postal service, or other person making the delivery, except that notices sent by electronic mail shall be deemed received on the first business day following transmission. Director of Public Services City of Costa Mesa P.O. Box 1200 Costa Mesa, CA 92628 -1200 Facsimile: (714) 754-5028 Director of Community Development City of Irvine P.O. Box 19578 Irvine, CA 92623' -9578 Facsimile: (949) 724 -6440 Director of Public Services City of Laguna Hills 24035 El Torn Road Laguna Hills, CA 92653 Facsimile: (949) 707 -2633 Page 7 of 22 19 Agreement No. Dll -066 Director of Community Development City of Laguna Woods 24264 El Toro Road Laguna Woods CA 92637 Facsimile: (949) 639 -0591 Director of Public Works City of Lake Forest 25550 Commercentre Dr. Suite 100 Lake Forest, CA 92630 Facsimile: (949) 461 -3511 Director of Public Works City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Facsimile: (949) 718 -1840 Director of Public Works City of Orange 300 E. Cbapman Ave Orange, CA 92866 Facsimile: (714) 744 -5573 Director of Public Works City of Santa Ana 101 W. 411, St. Santa Ana, CA 92701 Facsimile: (714) 649 -5635 Director of Public Works City of Tustin 300 Ceutermial Way Tustin, CA 92780 Facsimile: (714) 734 -8991 Director, OC Public Works County of Orange 300 N. Flower Street Santa Ana, CA 92702 -4048 Facsimile: (714) 834 -2395 Executive Director of Water Policy Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92618 Facsimile: (949) 453 -0228 Vice President of Environmental Affairs The Irvine Company 550 Newport Center Page 8 of 22 0 Agreement No. D11 -066 Newport Beach, CA 92658 -8904 Facsimile: (949) 720 -2448 Vice President of Commmrity Development Lennar 25 Enterprise, Ste 400 AUso Viejo, CA 92656 Facsimile; (949)349 -0394 Section 21. EXECUTION OF AGREEMENT. This AGREEMENT may be executed in counterpart and the signed counterparts shall constitute a single instrument. Section 22. GOVERNING LAW AND VENUE. This AGREEMENT has been negotiated and executed in the State of Califoria and shall be governed by and construed under the laws of the State of California. In the event of any legal action to eirforce or interpret this AGREEMENT, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the PARTIES hereto agree to and do hereby submit to the jurisdiction of such coma, notwithstanding Code of Civil Procedm'e section 394. Furthermore, the PARTIES have specifically agreed, as part of the consideration given and received for entering into this AGREEMENT, to waive any and all rights to request that an action be transferred for trial to another county under Code of Civil Procedure Section 394 or any other provision of law. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year first above written: Page 9 of 22 d Date: Date: APPROVED AS TO FORM COUNTY COUNSEL By Deputy Date: Agreement No. D11 -066 COUNTY OF ORANGE, a political subdivision of the State of Califarnia Chairman of the Board of Supervisors ORANGE COUNTY FLOOD CONTROL DISTRICT a body corporate and politic Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD, By Susan Novak Clerk of the Board of Supervisors of Orange County; California Page 10 of 22 APPROVED AS TO FORM: ATTEST: City Clerk CITY OF COSTA MESA Mayor City Attorney of Costa Mesa Page 11 of 22 Agreement No. D11 -066 J APPROVED AS TO FORM: ATTEST: City Ced( CITY OF IRVINE Mayor City Attorney of Irvine Page 12 of 22 Agreement No. D11 -066 E APPROVED AS TO FORM: ATTEST: City clerk . CITY OF LAGUNA HILLS Mayor City Attorney of Laguna Hillc Page 13 of 22 Agreement No. Dll -066 m Date: APPROVLD AS TO FORM: ATTGST: City Clerk CITY OF LAGUNA WOODS. Mayor City Attorney of Laguna Woods Page 14 of 22 Agreement No. Dll -066 i k' APPROVED AS TO FORM: INilY:4U City Clerk CITY OF LAKE FOREST Mayor City Attorney of Lake Forest Page 15 of 22 Agreement No. Dll -066 Date: APPROVED AS TO FORM: ATTEST: City Clerk CITY OF NEWPORT BEACH' Mayor =4 City Attoz`ney of Newport Beach Page 16 of 22 Agreement No. D11 -066 I� Agreement No. D11 -066 CITY OF ORANGE By: Mayor APPROVED AS TO FORM: ATTEST: City Clerk City Attorney of Orange Page 17 of 22 APPROVED AS TO FORM: GTIYYxYN City Cled( CITY OF SANTA ANA Mayor City Attorney of Santa Ana Page 18 of 22 Agreement No. D11 -066 APPROVED AS TO FORM: ATTEST: City Clerk CITY OF TUSTIN Mayo), City Attorney of Tustin Page 19 of 22 Agreement No. Dll -066 �i Date Agreement No. D11 -066 THE IRVINE RANCH WATER DISTRICT By: Name: Title: Date: By: Name: Title: Page M of 22 Date Date THE IRVINE COMPANY By: Name: Title: By: Name: Title: Page 21 of 22 Agreement No. D11 -066 Date: Agreement No. Dl1 -066 Lennar Homes of California, By: _ Name: Title: Date: By: Name: Title: Page 22 of 22 Agreement No. DII -066 EXHIBIT A FUNDING FORMULA AND FISCAL 2012 -13 COST SHARE PERCENTAGES ;JURISDICTION 1 TOTAI SQUARE MII ES7 SQ MILES ':: WITHIN WA T" NL1 LAND;. �TiEAz PERCENTAGE OF CITY L,4u- AREA W 9.... PT1 TO TOT POPULATIOIT" " ESTIMATED POPULATIO ITT ' IN ' GV STERSHED =- 4l?EIGHTED 1 LA�ID'AREA g PO SIILA ON ' V GHTED" BI NEI LADTD' AREA SHARE2 - . FISCAL YEAR; 201213 COST SHARE" ,PERCENTAGES8_ Costa Mesa 15.83 7.65 7.54 48.33 110,146 53,229 2.2 2.06 4.28 County of Orange 17523 16.68 14.25 9.52 121,488 11,564 3.16 3.89 7.05 Irvine 65.98 65.80 50.82 99.73 219,156 218,558 12.58 13.89 26.46 La .Hills 6.64 1.18 1 -16 17.77 30,410 5,4041 0.271 032 0.59 La°una WODds 3.31 1.88 1.88 56.80 16,224 9,215 045 0.51 0.96 Lake Forest 16.78 11.58 9.18 69.01 L 77,490 53,476 2.68 2.51 5.19 Neivport Beach 24.74 17.63 14.58 71.26 85,376 60,840 3.56 3.93 7.55 Oxangge 2558 1.88 1.73 7.29 136,995 9,990 0.47 0.47 0.94 Santa Ana 27.35 16.40 16.17 59.96 325,228 195,018 6.35 4.42 10.77 Tustin 1 11.14 1114 10.49 100.00 75,781 75,781 3.19 2.871 6.06 OCFC District - - - 10.00 IRWD 10.00 twine Co. 10.00 Lermax - - - - - 0.15 ,355:49 ^:.: u- 151r:82 `1.127:80. :' -' :1,198,294 .::,:. : °693`076: '; 34:925 34:925' ' ' `' 10000: ' Source: OC Public Works, OC Survey Section May 2011 ' NET LAND AREA = Square miles within Walershed- E)dractions for NPDES, Federal, State, County, IRWD, Irvine Company and Lennar ' PERCENTAGE OF CITY LAND AREA IN WATERSHED = Square miles within Watershedfrotal Square Miles' 100 Source: State of California, Department of Finance, E -1 Population Estimates for Cities, Counties and the State with Annual Percentage Change (May 2011 as updated) s ESTIMATED POPULATION IN WATERSHED - Total Population' Percentage of City Land Area in Watershed/100 e WEIGHTED LAND AREA & POPULATION SHARE = ((Square Miles within Walershedfrotal Square Miles of Watershed)'0.5) + ((Estimated Population in Watershed/Total Estimated Population in Watershed)'0.5) x 34.925 7 WEIGHTED NET LAND AREA SHARE = Net Land Area/Total Net Land Area " 34.925 9 COST SHARE PERCENTAGE = Weighted Land Area & Population Share + Weighted Net Land Area Share Page A -1 v