HomeMy WebLinkAbout25D - AGMT - TOXICS PRG NEWPORT BAY WATERSHEDREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 20, 2015
TITLE
APPROVE A THREE -YEAR EXTENSION TO
THE COOPERATIVE AGREEMENT FOR
FUNDING ENVIRONMENTAL AND TOXICS
PROGRAMS FOR THE NEWPORT BAY
WATERSHED
{STRATEGIC PLAN NO. 5�+2
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 181 Reading
❑ Ordinance on 2n0 Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to approve Amendment No. 1 to
Agreement No. D11 -066 to extend multijurisdictional Cooperative Agreement 011 -066 for three
years, through June 30, 2018, to fund the Environmental and Toxics Total Maximum Dally Load
programs in the Newport Bay Watershed, and commit to the same annual fair share percentage of
10.77 percent with an annual not -to- exceed amount of $150,000.
DISCUSSION
The Federal Clean Water Act and the National Pollutant Discharge Elimination System (NPDES)
Stormwater Permit require each local agency to control potential pollutants from entering the
waters of the United States. Approximately 63 percent of Santa Ana's surface area drains to the
Upper Newport Bay via two of the City's major drainage facilities: Santa Ana Delhi Channel and
Santa Ana Gardens Channel (Exhibit 1).
In 1996, the California Regional Water Quality Control Board Identified Newport Bay as an
"Impaired water body' and classified it as too polluted to meet water quality standards. In 2002,
the United States Environmental Protection Agency established the Total Maximum Dally Load
(TMDL) method of measuring pollutant levels in water runoff. The 14 regional jurisdictions which
contribute runoff into the Newport Bay Watershed ultimately brought the area into compliance with
mandated water quality standards through a succession of cooperative agreements to fund TMDL
programs.
In 2003, the City Council approved Agreement No. 2003 -126 to address the TMDL requirements.
Since then, the program was updated, and on June 18, 2012, the City Council approved the
current agreement, Agreement No. D11 -066 (Exhibit 2). This agreement Incorporates studies,
research, monitoring, development, and program modifications to mitigate the pollutants
transmitted in the watershed. It also provides planning, permitting, design, construction, and
maintenance of TMDL pilot projects, and establishes a cost -share formula for the participating
25D -1
Three -year Extension of Cooperative Agreement D11 -066
Newport Bay Watershed Program Funding
October 20, 2015
Page 2
agencies in which the City of Santa Ana has been assigned a 10.77 percent share (Exhibit 3). The
agreement includes a three -year extension clause which would extend the agreement through
June 30, 2018. The extension is affected by Amendment No. 1 to Agreement No. D11 -066
(Exhibit 4). Since there are no significant changes to TMDL program requirements, the current
agreement is suitable for extension so that efforts may continue to address the transmission of
pollutants into Newport Bay. All of the participating agencies have opted to extend the agreement
rather than to develop individual programs to comply with the TMDL requirements.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement &
Sustainability, Objective #2 Expand opportunities for conservation and environmental
sustainability.
ENVIRONMENTAL IMPACT
The environmental impacts associated with this action will include working to obtain the mandated
TMDL requirements; which will result in higher water quality within the Upper Newport Bay.
FISCAL IMPACT
Funding for this agreement in the amount of $150,000 is budgeted and available for expenditure in
the FY 15 -16 Federal Clean Water Protection Account (No. 05717640 - 62300). Funding for this
agreement will be budgeted in the same account for FY 16 -17 and FY 17 -18.
Fre Mousavipour
Executive Director
Public Works Agency
FMIEWGrFC
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez ► "
Executive Director
Finance & Management Services Agency
Exhibits:
1. Site Map
2. Agreement 011 -066
3. Fair Share 10.77 percent for Santa Ana
4. Amendment No. 1 to Agreement No. D11 -06
25D -2
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EXHIBIT 1
25D -3
25D -4
A -2012 -134
Agreement No. D11 -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 numbered D11 -066, referred to hereinafter as
"AGREEMENT ", is made and entered into this 26 �"t day of 3tA"5 201 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 ( "IRVINE "), 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 ( "SANTA ANA "), the City of Tustin ( "TUSTIN "), the Irvine Ranch Water District ( "IRWD ") and the
Irvine Company ( "TIC "), and Lerman Homes of California, Ina( "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
except for LENNAR) are sometimes jointly referred to as the "ORIGINAL PARTIES."
WITNESSETH
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 Plan for the 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 Bashi to incorporate a TMDL for Fecal Coliform in
Newport Bay on April 9, 1999 pursuant to the provisions of section 303(d) of the Clean Water Act; and,
WHEREAS, the United States Environmental 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
25101M 2
Agreement No. Dll -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. R8- 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,
WHEREAS, 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 TMDLs for nuixients, 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 compliance gained through the activities herein
apply to all PARTIES equally, and
WHEREAS, 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
25D -6
Agreement No. DII -066
Section 1. PURPOSE. This AGREEMENT is entered into for the purpose of funding and
performing program activities 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 running July 1, 2015 to
Jane 30, 2018 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 PROJECr(S) shall not exceed
$200,000 for all pilot projects in any one 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 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 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 plan task.
Section 6. APPROVALS AND ADJUSTJAENTS.'The PARTIES shall be permitted to review and
approve the budget and program work plan for the forthcoming 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
25D -7
Agreement No. Dll -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 from 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 8. PAYMENTS. The COUNTY shall invoice each PARTY for its annual deposit at the
beginning 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 he 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
ngai nst ille PARTIES' share of the program costs.
Tine 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 Bunn of the deposits, and the COUNTY has noti fied and obtained
Page 4 of 22
25D -8
Agreement No. D11 -066
approval from the PARTIES of potential cost 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 sum 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 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 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 1.1, 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. It is 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
25D -9
Agreement No. D11 -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
their 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 "days"
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 own attorneys' fees and costs.
Section 17. ENTIRE AGREEMENT, This AGREEMENT is intended by the PARTIES as a filial
expression of thew agreement and intended to be a complete and exclusive statement of the agreement
Page 6 of 22
25D -10
Agreement No. D11 -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, SEVERABILTTY. If any part of this AGREEMENT is held, determined or adjudicated
to be illegal, void, or unenforceable by a court of competent jurisdiction, 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 required 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 availed 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
29035 El Toro Road
Laguna Hills, CA 92653
Facsimile: (949) 707 -2633
Page 7 of 22
25D -11
Agreement No. D11 -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. Chapman Ave
Orange, CA 92866
Facsimile: (714) 744-5573
Detector of Public Works
City of Santa Ana
101 W. 4t' St.
Santa Ana, CA 92701
Facsimile: (71.4) 647 -5635
Director of Public Works
City of Tustin
300 Centennial 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: (7'14)834 -2395
Director, Water Quality
Irvine Ranch Water District
3512 Michelson Drive.
Irvine, CA 92712
Facsimile: (949) 453 -1228
Vice President of Environmental Affairs
The Irvine Company
550 Newport Center
Page 8 of 22
25D -12
Agreement No. Dll -066
Newport Beach, CA 92658 -8904
Facsimile: (949) 720 -2448
Vice President of Community Development
Lennar
25 Enterprise, Ste 300
Aliso 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 California and shall be governed by and construed under the laws of the State of
California. In the event of any legal action to enforce 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 court, notwithstanding Code of
Civil Procedure 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
25D -13
Date; '1
2-
APPROVED AS TO FORM
COUNTYC 1 OYUNS
R .4-
Date: 5 /a-. 41pi '?
Agreement No. DII-066
COUNTY OF ORANGE,
a political Subdivision of the State of
California
By:
Chairman of the Board o?iu -e—rvlsors f
ORANGE COUNTY FLOOD CONTROL DISTRICT
a body corporate ap# poj,iAc,
By:
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 )IC4
Susan Novak
Clerk of the Board of Supervisors of
Orange County, California
Page 10 of 22
25D-14
'1 zo -1 2
APPROVED AS TO FORM:
ATTEST:
City Clerk
CITY OF COSTA MESA
Mayor
Ci Atto n/ey of Costa esa
Page 11 of 22
25D -15
Agreement No. D11 -066
Date: a
APPROVED AS TO FORM:
ATTEST:
City Clerk V
Agreement No. DII -066
CITY OF IRVINE
City Attorney of Irvine
Page 12 of 22
25D -16
Date:
ATTEST:
Peggy J' s i
City C_lerl<
CITY OF LAGUNA HILLS
Melo Carru
May r
APPROVED AS TO FORM:
Gregory E. Simonia
City Attorney of Laguna Hills
Page 13 of 22
25D -17
Agreement No. Dll -066
Date: / IZ
APPROVED AS TO FORM:
ATTEST:
CITY OF LAGUNA WOODS
By:
Cynthia S. Conners, Mayor
Agreement No. D1.1 -066
Yolie Trip{ , Deputy City Cler David D. Cosgrove, City�torney Laguna Woods
Page 14 of 22
25D -18
APPROVED AS TO FORM:
ATTEST:
Agreement No, D1'I -066
Y TT r r. T A VU rnUUCr
City Clerk _ �. City Attorney of Lake Nrest
Page 15 of 22
25D -19
Date: / L
APPROVED AS TO FORM:
ATTEST:
City Clerk
Agreement No. D] 1 -066
CITY OF NEWPORT BEACH
By:
Mayor
City Attorney of Newport Beach
ry 11
Page 16 of 22
25D -20
APPROVED AS TO FORM:
ATTEST:
CITY OF ORANGE
By
Agreement No. Dll -066
City Clerk City A gmey of Orange
CITY OF SANTA ANA
L9D-21
Agreement No. D11 -066
CITY OF SANTA ANA
Date: JUL 18 2012 By:
Paul M. Walters
City Manager
ATTEST:
Maria D. Huizar
Clerk of the Council
C MNIE DEW- R APPROVAL:
Raul Codinez, II
Executive Director PWA
APPROVED AS TO FORM:
Laura Sheedy
Assistant City Attorney
Page 18 of 22
25D -22
Date: 7/7-1,9
APPROVED AS TO FORM:
ATTEST:
City Clerk
CITY OF TUSTIN
qty Attorney of Tustin
Page 19 of 22
25D -23
Agreement No. D7 ] -066
Date:-?-.6 Tel.
APPROVED AS TO FORM:
Date: & r 20 /1–
Agreement No, Dll -066
IRVINE RANCH WATER DISTRICT
BY: ,L l —.
/Name: Paul Cook
Title: General Manager
J,
BY ZAP
L al Counsel - IRWD
Page 20 of 22
25D -24
Date:
Date:
&/(S /( 2
Agreement No. Dll -066
THE IRVINE COMPANY
By:
Name; rist
Tit1d�; Vice
-- �-
BY'
Name: Paul P. Hernandez
Title: Vice President _
Government Relations
Page 21 of 22
25D -25
Agreement No. Dll -066
Lennar Homes of California, Inc.
A California corporation
Date: _� _[1;--/ °G- BY:
Page 22 of 22
25D -26
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25D -30
Exhibit At
Amendment #1 to Agreement No. Dl l -066
FIRST AMENDMENT TO AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS
TOTAL MAXIMUM DAILY LOAD ( "TMDL ") PROGRAMS IN THE NEWPORT BAY WATERSHED
This first amendment ( "Amendment ") to the Agreement No. D11 -066 ( "Agreement ") is made and
entered into this day of , 2015 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
( "Irvine "), 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 ( "Santa Ana "), the City of Tustin ( "Tustin "), the Irvine Ranch Water
District ( "IRWD "), Irvine Company ( "TIC "), and Lennar Homes of California, Inc. ( "Lennar"). The
fourteen entities are sometimes referred to individually as "Party" or collectively as the "Parties ".
RECITALS
WHEREAS, the Parties entered into the Agreement on June 26, 2012 for a three year period
through June 30, 2015 to provide funding for the Nutrient, Fecal Coliform and Toxics TMDL programs in
the Newport Bay Watershed;
WHEREAS, Section 2 of the Agreement states that "(T)he AGREEMENT may be renewed for an
additional three (3) years running July 1, 2015 to June 30, 2018 with approval of the PARTIES"; and
WHEREAS, the Parties, through this Amendment, now desire to renew the Agreement for three
(3) additional years until June 30, 2018.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Parties hereby agree as follows:
1. Term, The term of Agreement shall be renewed for a period of three (3) years running July 1, 2015
to June 30, 2018.
2. Capitalized Terms. Any capitalized terms not defined herein shall have the meanings set forth in
the Agreement.
25D -31
589994 1 of 15
Amendment #1 to Agreement No. D11 -066
3. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute but one and the same insh^ument.
4. Full Force. Except as expressly set forth herein, the Agreement shall remain unmodified and in
full force and effect.
25D -32
589994 2 offs
Date:
APPROVED AS TO FORM
COUNTY COUNSEL
By
Deputy
Date:
Amendment #1 to Agreement No. DII.066
COUNTY OF ORANGE,
a political subdivision of the State of
California
Chairman of the Board of Supervisors
County of Orange, California
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 PER G.C. Sec 25103, Reso 79-
1535
Attest:
By
Robin Stieler
Interim Clerk of the Board
County of Orange, California
25D -33
989994 3 of 15
Amendment #1 to Agreement No, D'i1 -066
CITY OF COSTA MESA
L�
APPROVED AS TO FORM:
ATTEST:
Mayor
City Clerk City Attorney of Costa Mesa
589994 `§p5 34
Amendment #1 to Agreement No. DII -066
CITY OF IRVINE
Mayor
APPROVED AS TO FORM:
ATTEST;
City Clerk City Attorney of Irvine
25D -35
589994 5 of 15
Amendment #1 to Agreement No. DII -066
CITY OF LAGUNA HILLS
By:
APPROVED AS TO FORM:
ATTEST:
Mayor
City Clerk City Attorney of Laguna Hills
589994 2PP 36
APPROVED AS TO FORM:
ATTEST:
City Clerk
589994
Amendment #1 to Agreement No, D11 -066
CITY OF LAGUNA WOODS
Mayor
City Attorney of Laguna Woods
25D -37
7 ofl5
Amendment 91 to Agreement No. D11 -066
CITY OF LAKE FOREST
Mayor
APPROVED AS TO FORM:
ATTEST:
City Clerk City Attorney of Lake Forest
589994 2§"R 38
APPROVED AS TO FORM:
ATTEST:
City Clerk
589994
Amendment #1 to Agreement No. D11 -066
CITY OF NEWPORT BEACH
Mayor
City Attorney of Newport Beach
25D -39
9 of 15
Amendment #1 to Agreement No. Dll -066
CITY OF ORANGE
IN
APPROVED AS TO FORM:
ATTEST:
Mayor
City Clerk City Attorney of Orange
589994 ` §O1 Y540
Amendment #1 to Agreement No. DI1 -066
CITY OF SANTA ANA
Mayan
APPROVED AS TO FORM:
ATTEST:
City Clerl< t ttorttey of Satan Ana
589994 m25D -41
Amendment 41 to Agreement No, DII.066
CITY OF TUSTIN
Mayor
APPROVED AS TO FORM:
ATTEST:
City Clerk City Attorney of Tustin
589994 2_5)1542
Amendment #1 to Agreement No, Dll -066
THE IRVINE RANCH WATER DISTRICT
M
0
25D -43
589994 13 of 19
Amendment #1 to Agreement No. DII -066
IRVINE COMPANY
By:
By:
589994 2§pl544
Amendment 01 to Agreement No. Dl1 -066
Lennar Homes of California,
0
La
25D -45
589994 150f.15
25D -46