HomeMy WebLinkAbout25F - WATERSHED
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
SEPTEMBER 2, 2008
TITLE:
AMENDMENT FOR NEWPORT WATERSHED
COOPERATIVE AGREEMENT WITH
COUNTY OF ORANGE
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
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VECOMMENDED ACTION
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CITY ANAGER
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the
attached amendment to the cooperative agreement with the County of Orange
to extend the term of the agreement to 2010 and authorize an annual
payment amount of not to exceed $400,000.
DISCUSSION
On June 16, 2003 the City Council approved a cooperative agreement with
the County of Orange for administration of the funding for the Newport
Watershed studies. The agreement expired July I, 2008.
In order to continue with this mandated program, an amendment is necessary
to extend the term of the agreement for two years, to 2010 and to
authorize payments to the County of Orange for the City's share of the
cost. The County of Orange will remain the lead agency and will be the
main interface with the Santa Ana Regional Board on any related issues.
ENVIRONMENTAL IMPACT
In Accordance with California Environmental Quality Act, the proposed
request is not considered a project. No further action is required.
25F-1
Amendment for Newport Watershed Cooperative Agreement
September 2, 2008
Page 2
FISCAL IMPACT
Funds are budgeted in the Federal Clean Water Protection Fund (account no.
57-635-6291) .
APPROVED AS TO FUNDS AND ACCOUNTS:
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D,^, James G. Ross
~~ Executive Director
Public Works Agency
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Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
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25F-2
Amendment No.2 to Agreement No.D99-128
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AMENDMENT NO. 2
AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL)
STUDIES IN THE NEWPORT BAY WATERSHED
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THIS AMENDMENT, for purposes of identification numbered Amendment No. 2 to
4 Agreement No. D99-128, is made and entered into this
day of
, 2008, by
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and between the County of Orange ("COUNTY"), the Orange County Flood Control District
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("DISTRICT"), the City of Costa Mesa ("COSTA MESA"), the City of Irvine ("IRVINE"),
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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") ,
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the City of Orange ("ORANGE") , the City of Santa Ana ("SANTA ANA") , the City of Tustin
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("TUSTIN"), the Irvine Ranch Water District ("IRWD") , The Irvine Company ("TIC") , the
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California Department of Transportation ("CALTRANS"), Tustin Legacy Community Partners
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("TLCP"), Lennar Homes of California, Inc. ("LENNAR"), and Orange County Great Park
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Corporation ("GPC"). The seventeen entities are hereinafter sometimes jointly
13 referred to as the "PARTIES" and individually as "PARTY". The cities are hereinafter
14 sometimes jointly referred to as the "CITIES". Thirteen entities (all entities except
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for CALTRANS, TLCP, LENNAR, and GPC) are sometimes jointly referred to as the
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"ORIGINAL PARTIES."
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WITNESSETH
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WHEREAS, the ORIGINAL PARTIES entered into Agreement No. D99-128 on
September 18, 2003, referred to hereinafter as "AGREEMENT", to provide funding for the
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Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) studies in the
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Newport Bay Watershed; and,
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WHEREAS, the PARTIES approved Amendment 1 to Agreement No. D99-128 on July
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5, 2006, which amended Section 3 (Funding), Section 4 (Program Budgets and Costs),
23 Section 5 (Payments), Section 10 (No Third Party Beneficiaries), Section 16 (Notices),
Exhibit A, and Exhibit C of the AGREEMENT in their entirety and added CALTRANS, TLCP,
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LENNAR, and GPC as AGREEMENT participants; and,
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WHEREAS, according to Section 6 of the AGREEMENT, the AGREEMENT may be
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amended in writing only with the unanimous written approval of the PARTIES; and,
25F-31
Amendment No. 2 to Agreement No.D99-128
WHEREAS, the PARTIES desire to extend the term of the AGREEMENT for two
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(2) years to be consistent with the end of the current phase of the Nitrogen and
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Selenium Management Program and to recognize prior payments for services made directly
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by CALTRANS and IRWD, for work plan development and Bay algae studies respectively, as
credits in the 2008-09 program budget.
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NOW, THEREFORE, in consideration of the foregoing, it is agreed by and
between the PARTIES hereto that the AGREEMENT shall be amended as follows:
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Section 1. Each and all of the provisions of the AGREEMENT remains in
full force and effect, except that all references to Resources and Development
Management Department or RDMD shall be amended to OC Public Works and Section 2 and
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Section 4 are amended in their entirety, as follows:
Section 2. Section 2 of the AGREEMENT, entitled "TERM", shall be amended
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to read in full as follows: The term of this AGREEMENT is extended for a two-year
period, commencing on July 1, 2008 and continuing to and including June 30, 2010,
unless sooner terminated as provided in Section 8.
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Section 4. Section 4 of the AGREEMENT, entitled "PROGRAM BUDGET AND COSTS"
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shall be amended to read in full as follows: The COUNTY shall submit a scope of work
and a budget for the following fiscal year to each of the PARTIES by February 15 of
17 each year. The budget shall contain an explanation of any recommended program
18 changes, an estimate of all planned expenditures and an estimate of the payment
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required from each PARTY for the following fiscal year.
For the State of California
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budgeting requirements, CALTRANS' contribution shall not exceed $150,000 or five
percent (5.0%) of the total budget costs, whichever is less, for each fiscal year
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during the term of the AGREEMENT.
If CALTRANS contribution would be greater than
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$150,000 for a given fiscal year, the amount over $150,000 ("EXCESS AMOUNT") shall be
cost-shared as described in Section 2 of AMENDMENT 1, with the exception that for such
EXCESS AMOUNT, the ORIGINAL COST ALLOCATION shall be ninety-three percent (93%) and
25 CALTRANS contribution shall be zero percent (0%).
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The PARTIES shall be permitted to review and approve the program scope of
work and budget for the forthcoming year. Criteria for approval shall be affirmative
25F-42
Amendment No.2 to Agreement No.D99-128
1 written responses from all of the PARTIES. The COUNTY and DISTRICT will constitute
2 one approving PARTY.
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The tasks and expenditures for each fiscal year will be presented and
calculated as shown in Exhibit C, which is attached hereto and made a part hereof.
All tasks and expenditures will be updated each fiscal year as part of the budget
approval process. Therefore, Exhibit C as attached is a form to be completed every
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
8 carrying out the approved scope of work. Recoverable costs will also include an
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overhead charge calculated by the County Auditor-Controller which includes OC Public
Works overhead and County-wide cost allocation plan.
CALTRANS and IRWD will receive credits of $75,000 and $6,932.88
respectively in the fiscal year 2008-09 program budget for prior payments for services
related to the AGREEMENT.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the
day and year first above written:
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Date:
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APPROVED AS TO FORM:
COUNTY COUNSEL
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By:
Punam P. Prahalad, Deputy
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Date:
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Amendment No.2 to Agreement No.D99-l28
COUNTY OF ORANGE,
a political subdivision of the State of
California
By:
Bryan Speegle, Director, OC Public Works
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4 Date:
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6 APPROVED AS TO FORM:
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ATTEST:
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10 City Clerk
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Amendment No. 2 to Agreement No.D99-128
CITY OF SANTA ANA
By:
City Manager
City Attorney of Santa Ana
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