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County of San Diego - Penasquitos Watershed Management Area Los Penasquitos Phase I Lagoon RestorationCOST -SHARE AGREEMENT Penasquitos Watershed Management Area Los Pefiasquitos Phase I Lagoon Restoration Sediment TMDL CIP Project: WBS No. B-17033 March 2021 This Cost Share Agreement (AGREEMENT), entered into by and between the Cities of San Diego, Del Mar, and Poway, and the County of San Diego(hereinafter collectively called PARTIES and individually called PARTY) establishes the responsibilities of each PARTY with respect to carrying out collaborative activities in the Los Pefiasquitos Watershed Management Area (Pefiasquitos WMA) to support compliance with San Diego Regional Water Quality Control Board (RWQCB) Resolution No. R9-2012-0033, Amending the Water Quality Control Plan for the San Diego Basin (9) to incorporate the Total Maximum Daily Load for Sedimentation in Los Penasquitos Lagoon (Sediment TMDL), and Resolution No. R9-2013-0001, National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds Within the San Diego Region, as amended by R9-2015-0001 and R9- 2015-0100 (MS4 PERMIT). Final compliance with the Sediment TMDL will be achieved by the restoration of 84 acres of salt marsh habitat in the Los Pefiasquitos Lagoon (Lagoon) no later than December 31, 2034. WHEREAS, the RWQCB adopted Resolution No. R9-2012-0033 approving an amendment to the Water Quality Control Plan for the San Diego Basin to Incorporate the Sediment TMDL on June 13, 2012; and WHEREAS, the RWQCB adopted Order No. R9-2013-0001 issuing the MS4 PERMIT to the Phase I MS4s in the San Diego Region on May 8, 2013; and WHEREAS, the RWQCB has determined that the responsible Copermittees for the Pefiasquitos WMA under the MS4 PERMIT are the Cities of San Diego, Del Mar, and Poway, and the County of San Diego (COPERMITTEES); and, WHEREAS, the RWQCB has determined that Caltrans is a Responsible Party for purposes of the Sediment TMDL; and WHEREAS, the State Water Resources Control Board adopted Resolution No. 2014-0001 approving the amendment to the Water Quality Control Plan for the San Diego Basin to incorporate the Sediment TMDL on January 21, 2014; and WHEREAS, the Sediment TMDL was approved by the California State Office of Administrative Law and became effective on July 14, 2014 (Approval Date); and WHEREAS, the RWQCB has determined that the responsible parties under the Sediment TMDL are the PARTIES, as well as certain Phase II Small M54 NPDES permittees, general construction storm water NPDES permittees, and general industrial storm water NDPES permittees who may contribute costs at a later date.; and Page 1 of 9 WHEREAS, the PARTIES, have agreed to cooperate on implementation measures (e.g., load reduction, lagoon monitoring, lagoon restoration) as necessary to achieve compliance with the Sediment TMDL; and WHEREAS, the PARTIES developed a Water Quality Improvement Plan (WQIP) pursuant to the Sediment TMDL and the MS4 Permit to guide their efforts to comply with the requirements of the Sediment TMDL; and WHEREAS, the PARTIES have jointly developed the Los Penasquitos Lagoon Restoration Project Concept to guide their cooperative activities in order to achieve compliance with the Sediment TMDL; and WHEREAS, the PARTIES are required by the Sediment TMDL to develop and agree upon interim milestones that must be met to attain required reductions in sediment loading and/or show progress in restoring historic salt marsh habitat in the Lagoon within 15 years after the Approval Date of the Sediment TMDL; and WHEREAS, the PARTIES recognize that funding will be needed for implementation of the Lagoon Restoration Project over the term of the AGREEMENT, and that the expenditures will be shared equitably among the PARTIES as indicated in Exhibit 1. NOW, THEREFORE, in consideration of the foregoing, the PARTIES hereto mutually agree as follows: jy PURPOSE: This AGREEMENT is entered into for the purpose of outlining the responsibilities of the PARTIES including funding for implementation of Phase I of Lagoon Restoration Project, further described below, that complies with the Sediment TMDL in the Los Pefiasquitos WMA. Q) PROJECT DESCRIPTION: The overall Lagoon Restoration Project is divided into two phases. Phase I of the project, covered by the scope of this AGREEMENT and further described below, is located southwest of the railroad berm in the Lagoon and includes design, planning, and permitting of initial restoration; as well as freshwater management; sediment management; and grading activities. Construction of Phase I is divided into three sub -phases due to seasonal and other permitting restrictions. Phase I of the Lagoon Restoration Project will provide guidance for Phase II under an adaptive management approach. Phase II of the Lagoon Restoration Project will be located north of the railroad berm in the Lagoon and will include additional restoration to comply with the Sediment TMDL. The monitoring component following Phase I and all portions of Phase II will be covered under a future agreement. Phase I of the Lagoon Restoration Project includes the following components: A. Design, Planning, and Permitting of the Phase I Lagoon Restoration Project Concept: This work is described in EXHIBIT 2. B. Phase IA -Sediment Management: Components include floodplain enhancements, enhancement of the riparian corridor, and implementation of habitat mitigation through habitat enhancement for all three sub -phases. A more comprehensive scope of work will be developed at a future date following completion of Section (2)A above. C. Phase IB-Freshwater Management: Components include addition of a new channel network, excavation of existing channels, and grading of a wetland bench. A more comprehensive scope of work will be developed at a future date following completion of Section (2)A above. D. Phase IC -Grading Activities: Components include focused grading for salt marsh restoration and excavation of channels and adjacent wetland benches. A more comprehensive scope of work will be Page 2 of 9 developed at a future date following completion of Section (2)A above. i) TERM: The term of this AGREEMENTshall commence on the date of the last signature of the duly authorized representatives of the PARTIES (Effective Date), and shall continue until the conclusion of the Phase I Project, estimated to be completed no later than June 30, 2027 . Because cost sharing for this project was scheduled to begin in FY20, but was delayed due to negotiation of this AGREEMENT, the PARTIES are responsible for Project costs expended in FY20 and FY21, as outlined in EXHIBIT 1. fa PARTY RESPONSIBILITIES AND PARTICIPATION: A. RESPONSIBILITIES OF PARTY LEAD: The City of San Diego shall have the responsibility of overall management of the Lagoon Restoration Project throughout the design and construction phases of the project including, solicitation and administration of consultant contracts, preparation of construction documents, advertisement and award of construction contracts, project management, construction management, submittal of required work products to the RWQCB, and serving as a liaison to the RWQCB on behalf of the PARTIES, B. RESPONSIBILITIES OF ALL PARTIES: Each PARTY agrees to participate in collaborative efforts to support the PARTY LEAD in the implementation of the Lagoon Restoration Project by assigning one (1) person to serve as the PARTY representative to participate in meetings (at least 80% of all meetings), collaborate on developing strategies, participate in decision making, and review work products and submittals as needed. Further, analyses performed as part of this AGREEMENT, and subsequent conclusions, findings, and recommendations developed as a result of the analyses, will be completed using known relevant and acceptable water quality data. Each PARTY agrees to supply the PARTY LEAD with data associated with its jurisdiction (e.g., water quality data, rainfall data, land use data, etc.) as needed. j5J BUDGET AND COSTS: The following estimated annual limits shown for each fiscal year are for planning purposes only. The cost of the Design, Planning, and Permitting of the Phase I Lagoon Restoration Project Concept in Fiscal Years 2020 to 2021 will not exceed $4,124,128 and will be billed to the PARTIES upon approval of this AGREEMENT. Finalizing design and permitting, as well as the construction cost of Phases IA, IB, and IC described above is estimated to be incurred In Fiscal Years 2022 to 2027 and is approximately $31,101,324 based on the most recent engineer's estimate (EXHIBIT 1). The cost is anticipated to vary based on actual construction bids. At the time of awarding the construction contract, each PARTY's actual cost will be calculated based on the formula shown in EXHIBIT 3 of percent sediment Toad reduction required for each COPERMITTEE, as modeled and assigned in the Los Penasquitos WQIP. Should the actual construction contract bid be higher than 5% above what is estimated in the AGREEMENT, or if there is a construction change order requiring the PARTY LEAD to obtain approval from its City Council, these cost increases shall be provided to the PARTIES along with supporting documentation, prior to awarding the construction contract or prior to approving the aforementioned construction change orders. EXHIBIT 1 shall be revised accordingly and provided to the PARTIES for approval prior to execution of such construction contract or construction change order. If any PARTIES do not approve of these cost increases, the PARTIES agree to meet in good faith per Section 11 of this AGREEMENT to discuss a resolution within 14 business days. Ultimately, the PARTY LEAD maintains authority to proceed with awarding contracts and approving change orders, and if a resolution cannot be reached and any PARTY chooses not to pay for the aforementioned increases in project costs, the PARTY may choose to terminate the AGREEMENT as outlined in Section 14. Caltrans, though named in the TMDL, is not a PARTY to this AGREEMENT. Their participation in the Lagoon Restoration Project is detailed in attachment 4. Any future phases of this project will be subject to a separate agreement, to be approved by all PARTIES. Page 3 of 9 j¢] PAYMENTS: Each PARTY shall pay its share of expenses each fiscal year within 90 days of receipt of an invoice from the PARTY LEAD. An invoice for the above TOTAL cost -share amount shall be sent to each PARTY at the beginning of each fiscal year that the AGREEMENT is in effect. As detailed in the Terms, the PARTIES are responsible for Project costs expended in FY20 and FY21, as outlined In EXHIBIT 1, and costs incurred may be retroactively invoiced based on the date of execution of the AGREEMENT. b NON-COMPLIANCE WITH AGREEMENT REQUIREMENTS: Any participant to this AGREEMENT that fails to comply with the conditions of this AGREEMENT shall be solely liable for any lawfully assessed penalties resulting from such non-compliance. Failure to comply with AGREEMENT conditions within specified timelines shall constitute non-compliance with the AGREEMENT. J)g AMENDMENTS TO THE AGREEMENT: If during the term of this AGREEMENT, the WQIP model is updated based on new information, approved by the PARTIES and the RWQCB, and shows a change to the percent sediment loading in EXHIBIT 3 of this AGREEMENT, then the PARTIES agree to meet in good faith to review the cost allocations of this AGREEMENT and negotiate potential amendments to the AGREEMENT, as appropriate. This AGREEMENT may be amended only by consent of all the PARTIES. Any amendment shall be effective when authorized in writing and signed by the duly authorized representatives of the PARTIES. f j GOVERNING LAW: This AGREEMENT shall be governed and construed in accordance with the laws of the State of California. If any provision or provisions shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In addition, each PARTY agrees to comply with all federal, state and local laws and ordinances applicable to the work to be performed under the terms of this AGREEMENT. ,10 CONSENT AND BREACH NOT WAIVER: No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the PARTIES to have waived or consented. Any consent by any PARTY to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. JJ DISPUTES: The PARTIES agree to mediate any dispute prior to filing suit or prosecuting suit against the other parties. At least one mediation session of one day duration with an agreed mediator shall be held prior to any PARTY filing any suit or action with regard to this AGREEMENT; the cost shall be shared by the PARTIES equally. In the event suit is brought upon this AGREEMENT to enforce its terms, each PARTY shall be responsible for their own attorneys' fees and costs. J72) LEGAL RESPONSIBILITY: Each PARTY to this AGREEMENT (1) shall retain its legal responsibility to comply with the Sediment TMDL and MS4 PERMIT; and (2) shall pay all fines, penalties, and costs which may arise out of such PARTY's non-compliance with the Sediment TMDL and/or MS4 PERMIT. The PARTIES acknowledge and agree that participation in this AGREEMENT does not admit or create any liability or responsibility as a discharger for any draft or potential future TMDLs. f73) APPLICATION OF PRIOR AGREEMENTS: This AGREEMENT constitutes the entire Agreement between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations, and undertakings are superseded hereby. 14 TERMINATION: Any PARTY may terminate this AGREEMENT by giving written notice to the other parties no less than 30 days prior to the effective date of termination. Termination of this AGREEMENT does not release any PARTY for obligations of the Sediment TMDL or MS4 PERMIT, nor does it release the PARTY from its financial Page 4 of 9 responsibilities as outlined in Section 4 of this AGREEMENT. Upon termination, the terminating PARTY shall pay its cost share in full. f7) AVAILABILITY OF FUNDS: The obligation of each PARTY is limited to the funds appropriated for this AGREEMENT as set forth in Section 4 above. Entering into this AGREEMENT shall not be construed as obligating the PARTIES to future payment of money in excess of appropriations authorized by law. Approval of funds for each fiscal year under this AGREEMENT is subject to approval by Copermittee governing bodies as part of their regular annual budgeting process. ,16 EXECUTION OF AGREEMENT: This AGREEMENT may be executed in counterpart and the signed counterparts shall constitute a single instrument. j12) ADA CERTIFICATION: The PARTIES hereby certify that they agree to comply with the City's Americans With Disabilities Act Compliance/City Contracts requirements set forth in Council Policy 100-04, adopted by San Diego Resolution R-282153 and incorporated into this AGREEMENT by reference. j) RIGHT TO AUDIT: Each PARTY retains the right to review and audit, and the reasonable right of access to other PARTIES' respective premises to review and audit the PARTIES' compliance with the provisions of this AGREEMENT [PARTY's Right]. The PARTY's Right includes the right to inspect and photocopy same, and to retain copies, outside of the PARTIES' premises, of any and all records, including any and all books, records, and documents, related to the AGREEMENT with appropriate safeguards, if such retention is deemed necessary by the PARTY in its sole discretion. This information shall be kept by the PARTY in the strictest confidence allowed by law. LIST OF EXHIBITS EXHIBIT 1: Shared Cost Budget Breakdown EXHIBIT 2: Scope of Services for Design of Los Penasquitos Lagoon Restoration Phase I EXHIBIT3: Sediment Load Reductions byJurisdiction EXHIBIT 4: Caltrans' Letter of Intent to Participate in Project Page 5 of 9 IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be signed and executed the day and year first above written. This AGREEMENT may be signed in counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. This AGREEMENT shall become effective on the date of the last signature of the duly authorized representatives of the PARTIES. IN WITNESS THEREOF, this AGREEMENT is executed as follows: Date: I- 13,-2.0-1 Claudia C. Abarca Director, Purchasing & Contracting I HEREBY APPROVE the form of the foregoing Agreement this day of PT 0NBtr1� Mara Elliott City ttor ey 26Z � ,2®- By: Deputy City Attorney DATE Page 6 of 9 IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be signed and executed the day and year first above written. This AGREEMENT maybe signed in counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. This AGREEMENT shall become effective on the date of the last signature of the duly authorized representatives of the PARTIES. IN WITNESS THEREOF, this AGREEMENT is executed as follows: Date: 51O(p11-D Signature ll Chdis Ha rri€ City Manager City of Poway Approved as to Form City of Poway Counsel Date 5t8 (2( Alan Fe Signature f ,�i a fer nstermacher City Attorney Page 7 of 9 1N WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be signed and executed the day and year first above written. This AGREEMENT may be signed in counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. This AGREEMENT shall become effective on the date of the last signature of the duly authorized representatives of the PARTIES. IN WITNESS THEREOF, this AGREEMENT is executed as follows: Date: 5) 7/. - U .I Signature Approved as to Form City of Del Mar Counsel 5/4/2021 Date Signature t kfay ao City of Del Mar Lift -rim L'�t Jctb9 er Leslt� . Devane i# Attorney Y Y Page 8 of 9 IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be signed and executed the day and year first above written. This AGREEMENT may be signed in counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. This AGREEMENT shall become effective on the date of the last signature of the duly authorized representatives of the PARTIES. IN WITNESS THEREOF, this AGREEMENT is executed as follows: (`�Zt Date: Signature Approved as to Form County of San Diego Counsel Date Jeff C. Moneda Director, Department of Public Works County of San Diego Signature Page 9 of 9 n C chi N 0 N 10 0 0 0 0 0 0 m 0 1 O co i 2 O vnna 6 a 01 ad w o' 4. u> V b w N 4. J1 J 4, th 0 O a EA J W 4, 0) W CO m 4, N 0 w 4. co W m N N 6 A W 0 U m 4. v m 0 0 CO 4. 0 M fJ N H J. N. IN VI J co 0 M 0 pW 4' mJ 0 N y0 W W 4' 0 N co co O m N W T ns 4 o to J" 6 4, J n N 4, m W O 4, J O 1,3 0 O 4' N { N bf CO W 09 co N 0 A 4' 2 0 N m N N N m oY W 4' N 0 0 K N m M V W N w A N N 0 0 4, N "CO O 4, IJ M W NNN sn • N 4, 0 JN v L6ZSL'9EVLZ M 6L 90S'ZZ6'9 O co 0 0 LZAA - QZAJ OE °i X_ W Passed by the Council of The City of San Diego on June 29, 2021, by the following vote: YEAS: LACAVA, CAMPBELL, WHITBURN, MONTGOMERY STEPPE, WILPERT, CATE, CAMPILLO. MORENO, ELO-RIVERA. NAYS: NONE. NOT PRESENT: NONE. RECUSED: NONE. (Seal) AUTHENTICATED BY: TODD GLORIA Mayor of The City of San Diego, California ELIZABETH S. MALAND City Clerk of The City of San Diego, California Deputy i HEREBY CERTIFY that the above and foregoing is a full, true, and correct copy of ORDINANCE NO. 0-21343 (New Series) of The City of San Diego, California. I FURTHER CERTIFY that said ordinance was not finally passed until twelve calendar days had elapsed between the day of its introduction and the clay of its final passage, to wit, on June 15, 2021. and on June 29, 2021. I FURTHER CERTIFY that said ordinance was read in full prior to passage or that such reading was dispensed with by a vote of five members of the Council, and that a written copy of the ordinance was made available to each member of the Council and the public prior to the day of its passage. (SEAL) B ELIZABETH 5. MALAND City Clerk of The City of San Diego, California EXHIBIT 2 SCOPE OF SERVICES LOS PENASQUITOS LAGOON RESTORATION - PHASE 1 1.o BACKGROUND The Los Pefiasquitos Lagoon Foundation developed the updated Los Pefiasquitos Lagoon Enhancement Plan (Enhancement Plan) in 2016, which laid out the initial lagoon restoration concepts with the goal of restoring 84 acres of salt marsh habitat within a 20-year timeline in accordance with the Los Pefiasquitos Watershed Management Area Sediment Total Maximum Daily Load (Sediment TMDL). The restoration and enhancement concept was refined and divided into two phases. Phase 1(Project) restores the area southwest of the railroad berm and provides guidance for restoration planned under Phase 2 using an adaptive management approach. Phase 2 restoration will cover the larger area of the lagoon northeast of the railroad berm and will include lessons learned from Phase 1. The Project is located in Council District 1 and generally bound by Interstate 5 (I-5) and Sorrento Valley Road to the east, Estuary Way, Roselle Street and the I-5 local bypass to the south, Flintkote Avenue and North Torrey Pines Road to the west, and Carmel Valley Road to the north. 2.o SCOPE DESCRIPTION Currently, Transportation and Stormwater (TSW) Department would like to proceed with the design and construction of Phase 1(Project). The Concept Design Goals for the Project were developed and are outlined in the 2018 Basis of Design Concept Report (see Exhibit A-1) in order to meet and support overarching goals from the updated Enhancement Plan for habitat improvements while also helping the City achieve TMDL compliance. Objectives developed to meet the Concept Design Goals will be refined (e.g., improved metrics for success) as the Project moves through project level design. Public Works will hire a consultant to provide a design package in accordance with the Project scope. TSW shall provide input throughout the process. The restoration and enhancement concept are refined and divided into two phases Phase 1(Project) of the overall project restores the area southwest of the railroad berm and provides guidance for restoration planned under Phase 2. The work would Design of Los Pefiasquitos Lagoon Restoration - Phase 1 Iof3 Scope of Services EXHIBIT A include the implementation of freshwater and sediment management of storm flows from Carroll Canyon Creek and Los Pefiasquitos Creek watersheds. The Project is divided into three sub -phases due to the extent of the project and limits on the period of time that construction will be permitted due to seasonal restrictions or other permitting restrictions. : Phase IA — sediment management, Phase 1B — freshwater management, Phase iC — grading. Design and environmental permitting services are required for the Project only. However, items that will inform Phase 2 restoration can be included in Project where appropriate. The Project should be consistent with the preferred alternative under the PEIR. It is expected a supplemental or additional California Environmental Quality Act (CEQA) documentation will be required for the Project. 2.1 PHASE IA - SEDIMENT MANAGEMENT Sediment management, including: 2.1.1 Creation of floodplain enhancements 1, 2 and 3, 2.1.2 Enhancement of the riparian corridor, and 2.1.3 Reduction of upstream flood risk. The Phase IA components presented in this section include floodplain enhancements 1, 2 and 3 and implementation of habitat mitigation through habitat enhancement for all three sub -phases as discussed in the previous section. 2.2 PHASE 111 - FRESHWATER MANAGEMENT 2.2.1 Freshwater management, including: • Addition of the new channel network, and • Improvement of storm drain connections. 2.2.2 The Phase 1B components include: Design of Los Penasquitos Lagoon Restoration - Phase 1 2 of 3 Scope of Services EXHIBIT A • Excavation of the primary and secondary channels (including enlarging portions of existing channels), • Excavation of tertiary channels (outside of the northern salt marsh restoration area only), • Grading of a wetland bench along the northern side of the primary channel, • Focused grading along the north side of the primary channel, and • Replacement of culverts to improve storm drain connections. 2.3 PHASE IC - GRADING 2.3.1 Grading for salt marsh restoration within the 24-acre area of non- native perennial rye grass. The Phase iC components include: • Excavation of tertiary channels and adjacent wetland benches within the salt marsh restoration area, and • Focused grading. The Project would likely require a CIP-5 Site Development Permit (SDP from the City of San Diego) and State Coastal Development Permit (CDP) from the California Coastal Commission (CCC). A California Environmental Quality Act (CEQA) Programmatic Environmental Impact Report (PEIR) for the larger Los Peiiasquitos Watershed is currently being prepared for distribution and subsequent approval by the State of California for the Lagoon Foundation. As this is part of the overall effort, it is assumed the Project will be implemented following the approval of the PEIR, and that project -specific activities will need to be analyzed and reviewed for consistency with the PEIR via a subsequent CEQA approval process through the City of San Diego Additionally, due to impacts to wetland resources, it is likely resource agency permitting will also be required in order to implement the Project. Design of Los Pefiasquitos Lagoon Restoration - Phase 1 END OF SCOPE OF SERVICES 3 of 3 Scope of Services Total Wet Weather Sediment Load Reductions a f6 0 f6 O w 0) .c �ci 121 .i co L 1- N 4- U D c N O E 8 N 0 N L- N 0 c N U m c L O 0 c w N 0 2 D N Q ca .0 N N • c 0 N 0) 0. coco o ) To H c • L_ N N fl" tt5 0 n co c o Tco U r � r 0 N U) c s_ O U N 7 y a) 0 N U fN c L Final Wet Weather Sediment Reductions for MS4 Discharges M O co O O 6 Lr O CO r LO 0) Cr, N 0 0 N f0 r m 0 0 U ti CO 0 d) 0 c asJ 0 2 0 CO W 0 0 0 in 0 c U v 0) rn CO" 0 U N 0 o c as co b N N -U N 'Na c p U u o w cca O N t o. a) — dF CD 'O "0 m � o O c o O N c .Oc O. o m Nin O c 0 co 7 CO N m cl) o E m • m E =o N N N c 3 N co N Li !6 CO c c °- Z N Exhibit 4 STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11 4050 TAYLOR STREET, MS-242 SAN DIEGO, CA 92110 PHONE (619) 688-0100 FAX (619) 688-4237 TTY 711 vaww.dot.ca.gov February 17, 2021 Drew Kleis Deputy Director - Storm Water Division Transportation & Stormwater Department City of San Diego 9370 Chesapeake Drive, Suite 100 San Diego, CA 92123 Attn: Brianna Menke Storm Water Compliance Manager Dear Ms. Menke: Making Conservation a California Way of Life. On February 8, 2021, Caltrans District 11 (Caltrans) received a letter of support from the Regional Water Board. This letter stipulated the permit related details of Caltrans's financial participation in the Los Penasquitos Lagoon Restoration Project. Pursuant to this letter, D-11 will be preparing a Project Initiation Document (PID) for submittal as part of the 2022 State Highway Operation and Protection Program (SHOPP). The PID will outline and document the proposed strategy to provide funding for a Cost Sharing proposal that will allow Caltrans to acquire Compliance Units as allowed for under the current Caltrans National Pollutant Elimination Discharge System (NPDES) Permit. The PID is proposing financial participation in a project to cover a portion of the restoration of the Los Penasquitos Lagoon. The financial contribution is estimated at $2,024,000 or $88,000 per restored acre for up to 23 Acres. These funds will be used for direct capital construction costs of the lagoon restoration project only and cannot be used for project support. All PID's currently under development by D-11 must be completed by June 30, 2021 in order to be included in the 2022 SHOPP. Once complete, the PID's will be compiled into the Draft 2022 SHOPP and submitted for review by the Regional Transportation Agencies and ultimately submitted to the California Transportation Commission (CTC) for final adoption, approval and programming. The 2022 SHOPP cycle begins on July 1, 2022 and covers a four - "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" Ms. Brianna Menke February 17, 2021 Page 2 year time frame. Each PID must identify a funding year within that four-year cycle. As such, the funding could be available as soon as the 22/23 State Fiscal Year (July 1, 2022 to June 30, 2023) but we are proposing the funds be made available in the 23/24 fiscal year or as soon as July 1, 2023. Once included in the adopted SHOPP, programmed values cannot be escalated or modified without further CTC action. A specific project allocation would be required by the CTC along with a formal agreement, such as a Cooperative Agreement, before the funds could be transferred to the City. Please note that all project funding is subject to budgetary authority of the State Legislature which proposes a State budget each Fiscal Year. I have attached an updated project schedule that includes key dates, milestones, and when formal funding commitments can be made. If you have any further questions, do not hesitate to contact the District Stormwater Chief, Carl Savage at Carl.Savage@dot.ca.gov (619) 921-4015. Sincerely, Gustavo Dallarda District Director *cc: Thomas Bouquin, Chief Deputy (Acting) Caltrans - District 11 Marcelo Peinado, Deputy Director, Asset Management -- District 11 Joe Hull, Deputy Director, Program Project Management - District 11 Bruce April, Deputy Director, Environmental - District 11 Carl Savage, District Stormwater Branch Chief "Provide a safe, sustainable, integrated and efficient Transportation system to enhance California's economy and livability"