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HomeMy WebLinkAbout05 S.D. CREEK MONITOR 02-20-96NO. 5 2-20-96 DATE: FEBRUARY 20, 1996 Inter-Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SU8JEO~ SA/q DIEGO CREEK SEDIMENT MONITORING PROGRAM COOPERATIVE AGREEMENT RECOMMENDATION That the City Council approve the Cooperative Agreement for the San Diego Creek Sediment Monitoring and authorize the Mayor to execute said agreement. FISCAL IMPACT The annual cost shall not exceed $8,500, plus a percentage equal to the change in the Consumer's Price Index for the Los Angeles/Orange County metropolitan area for each 12 month period during the length of the Agreement. Funds are currently budgeted for this obligation in the FY 95/96 Capital Improvement Program. BACKGROUND In November 1985, the City entered into a cooperative agreement to implement the comprehensive sedimentation control plan for the Newport Bay Watershed with the County of Orange, the Irvine Company, and the Cities of Irvine and Newport Beach. The original agreement for the San Diego Creek Sediment Monitoring Program was for a five year period from 1985 through July 30, 1990. Subsequently, the agreement was extended for another five year period through July 30, 1995. The attached agreement is a request to extend the agreement for another five years through June 30, 2000. The previous agreement provided for an annual cost that would be shared equally by all five participants and would not exceed $44,000 plus a percentage equal to the change in the Consumer Price Index. The proposed agreement contains the same equal funding requirements at a slightly lower not-to-exceed annual cost of $42,500. The monitoring process evaluates the transport of sediments to the Lower Newport Bay and the effectiveness of retarding basins, in-channel basins, and channel stabilization projects in the San Diego Creek Watershed. Tim D. Serlet Director of Public Works/City Engineer TDS:ccg: San Diego Creek Coop Agreement COOPERATIVE AGREEMENT SAN DIEGO CREEK SEDId~IENT MONITORhNG PROGRAM TI-IlS AGREEMENT is made and entered into this day of ~, 199__, by and between the City of Irvine, the City of Newport Beach, the City of Tustin, the County of Orange, and The Irvine Company. WITNESSETH WHEREAS, a Comprehensive Storm Water Sedimentation Control Plan for the San Diego Creek basin has been prepared in cooperation with all the parties hereto; and, WHEREAS, an element of the Plan is to perform sediment monitoring within the San Diego Creek watershed and Newport Bay; and ! WHEREAS, all the parties hereto have entered into a Cooperative A~eement for the purpose of providing a forum to evaluate and assess progress toward implementing the Comprehensive Plan, to formulate project implementing agreements for the elements of the Plan, and to evaluate and assess the effectiveness of the various elements of the Plan; and, WHEREAS, the Cities of Irvine and Newport Beach and The Irvine Company have funded a sediment monitoring program conducted by the U.S. Geological Survey from September 1982 through September 1984; and, WHEREAS, the parties hereto have funded a sediment monitoring program conducted by the County of Orange from June 1985 through June 1995; and WHEREAS, the County of Orange is engaged in sediment and water quality sampling and monitoring within the San Diego Creek watershed and Newport Bay: NOW, THEREFORE, in consideratiOn of the foregoing, the parties hereto agree as follows: Section 1. PURPOSE. This Agreement .is entered into for the purpose of continuing the comprehensive sediment monitoring program for the San Diego Creek watershed a-nd Newport Bay, assigning responsibilities for various portions of the program and providing for funding of the program. Section 2. TERM. The term of this Agreement shall extend from July 1, 1995, through June 30, 2000. Section 3. LEAD AGENCY. The County of Orange is hereby designated as the Lead Agency for the monitoring program. As Lead Agency, the County shall coordinate all portions of the monitoring program, collect funds from the other parties, prepare annual, budgets, and perform other administrative functions necessary to carry out the intent of this Agreement. Section 4. MONITORING PROGRAM DESCRIPTION. The monitoring program shall be described in Exhibit A which is attached hereto and made a part hereof. An annual report presenting the data and findings obtained during the pre¥ious July 1 to June 30 period shall be completed and submitted to each of the parties by March 1st of the following year. Section 5. FUNDING. Exhibit A allocates the costs of the various elements of the program. The elements which have been a part of the County's stream flow measurement and water quality program will continue to be funded by the Orange County Environmental Management Agency. The basin surveys and topographic mapping that are planned within the state-owned reserve portion, of the Upper Newport Bay may be funded by the Department ofFish and Game and is dependent on available funding. The cost of collecting or developing watershed documentation information that may augment the program shall be absorbed by each of the parties that collects or develops the information. The remaining elements of the program, as indicated in Exhibit A, shall be shared equally among all parties to this Agreement. 2 Section 6. COSTS. The total annual cost of the portion of the program ~funded by the parties to this Agreement, excepting the portions funded solely by the Orange County Environmental Management Agency and/or the Department offish and Game, shall not exceed an annual cost of $42,500 plus a percentage equal to the change in the Consumer's Price Index for th-e ~os Angeles/Orange County metropolitan area for each 12-month period during the agreement. The County of Orange shall be entitled to charge to the program all costs for direct labor, materials, equipment and outside contract services, plus an overhead charge calculated by the County Auditor-Controller which includes Environmental Management Agency overhead and county-wide cost allocation plan. Section 7. PAYMENT. The County of Orange shall submit a budget for the following fiscal year to each of the parties by March 1st of each year. The budget shall contain an explanation of any recommended program changes, an estimate of all planned expenditures, increases due to a change in the Consumer's Price Index, and an estimate of the payment required from each party for the following fiscal year. ~ By September 1 st of each year, the County of Orange shall submit to each party an accounting of actual expenditures for the previous fiscal year ending June 30th. The Cities oflrvine, Tustin and Newport Beach and The Irvine Company shall make payments of their portions of the program . cost to the County of Orange by September 30th of each year. The payment will be based on the previous year's budget. Section 8. AMENDMENT. This Agreement may be amended with the unanimous approval of the parties. Section 9. LIABILITY. It is mutually understood and agreed that, merely by virtue of entering into this Agreement, each party neither relinquishes liability for its own actions nor assumes liability for the actions of o~her parties. It is the intent of the parties that liability of each party 3 shall remain the same, while this Agreement is in force, as it was before this Agreement was made. Section 10. TERMINATION. Any party wishing to terminate its participation in this Agreement shall so notify all other parties by February 15 of an3' year. Such termination shall be effective the following June 30th. The terminating party shall be responsible for financial obligations hereunder to the extent incurred and agreed to 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 costs as mutually agreed to by the remaining parties. In the event that no agreement is reached regarding the revised allocation of costs, then this Agreement shall terminate on June 30th following such notice of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: COUNTY OF ORANGE, a political subdivision of the State of California Dated: , 199__ SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIKMAN OF THE BOARD By Chairman of their Board of Supervisors APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Clerk of the Board of Supervisors of Orange County, California Dated: ,199_ By CITY OF TUSTIN Dated' 199 By Mayor ATTEST: City Clerk APPROVED AS TO FORM: - - City Attorney of'l~~d Exhibit A WORK PLAN SEDIMENT MONITORING PROGRAM (1995-2000) OBJECTIVE To obtain information to evaluate' . The effectiveness of retarding basins and channel stabilization projects. The effectiveness of In-channel basins. The transport of sediments to the Lower Newport Bay and ocean. The impacts of physical changes in the land uses of the watershed. WORK PROGRAM The local sediment monitoring program will build on ongoing local activities and will consist of four (4) major elements: UPSTREAM ELEMENT- Includes those actMties performed in the watershed upstream of Jamboree Bridge. A. Scour Study - Following the conclusion of significant storm seasons, the County Surveyor will conduct a scour study of: 1) San Diego Creek Reach 1 & 2 (San Diego Creek between Jeffrey Road and Jamboree Road, 2) Peters Canyon Wash Reach I (Peters Canyon Wash downstream of the Santa A.na Freeway and irs confluence with San Diego Creek and. 3) the In-channel basins. B. Sediment Monitoring - The County operates streamflow stations at Peters Canyon Wash at Barranca, San Diego Creek at Culver and San Diego Creek at Campus. These stations will continue to be funded by Orange County EMA, and the data will be presented in the annual sediment report. During storm events greater than 0.5 inches of rain, fluvial sediment samples will be taken from each station with an attempt to cover both the ascending and descendin~ phases of the flow and the peak discharge. At least one time during and after storm season bedload grab samples will be taken from the In-channel basins and analyzed for particle size. C. Participant Watershed Document Exchange - .4.11 local participants prepare documents describing changes in the watershed and/or stream system and engage consultants to develop information on the watershed. For example, TIC Work Plan - Page 2 periodically prepares aerial photographs which include the San Diego Creek water- shed. Participants will make this information available at no cost to the program. D. Channel Erosion Study- The study involves documenting changes_ in.the watershed, re-surveying a number of established channel cross-sections and updating the sediment budget. The study will be reduced from previous years and ,,,,'ill be performed only in 1995-1996 and on one additional occasion following a siznificant storm season. I1. UPPER NEWPORT BAY- ECOLOGICAL RESERVE ELEMENT Includes those activities peWormed within the boundaries of the state ecological reserve. m. In-Bay unit basins - Topographic sun'evs of the in-bay basins will be conducted following each significant storm season which results in substantial physical alteration of the Bay. The survey Will be dependent on securing the funds from the State Department offish and Game or other sources such as the Army Corps of Engineers. The survey results will be used to monitor the sediment deposition in the basins and assist in determinin_o the need for maintenance cleaning activities. In addition, sediment samples will be collected for particle size analysis by the County. , 121. LOV~'ER BAY ELEMENT m. A program to determine current velocities and directions, suspended solids (including particle size distribution), water temperature and electrical conductivity under storm conditions will be conducted. Sediment sampl'es will also be collected at selected stations and analyzed for panicle size. The i~ormation will be used to document sediment transport characteristics through the Lower BaY. Field measurements will be limited to two or three major storm events each season. This element will be funded by the participants on a time and material basis. · t T ' IV. ANNUAL SEDIMENT MONITORING REPORT PREPARATION m. annual report presenting the data and findings obtained during the previous fiscai year (Jul3, 1 - June 30) will be completed by March of the following year. FUNDING AND IMPLEMENTATION Funding responsibilities for the program will be allocated as shown in the Exhibit. Cost estimates provided are based on the previous cooperative program expenditures. EXhibit A FUNDING ALLOCATIONS SEDIMENT MONITORING PROGI~&M (1995-2000) PROGRAM ELEMENT PARTICIPATING SHARED COSTS - . I. UPSTREAM ELEMENT A. Scour Study 1. In-Channel Basins 2. San Diego Creek Reaches I & 2 3. Peters Canyon Wash Reach I N/C N/C N/C B. Sediment Monitoring- All Stations 1.. Streamflow Monitoring 2. 'Suspended Sediment Sampling 3. Fluvial Sediment Sample Analysis 4. In-Channel Basins Bedload Samplin&~Analysis 5. Data Processing N/C 12.500 15.500 1.700 4.500 C. Watershed Documentation Channel Erosion Study* N/C 5.000 12[. UPPER NEWPORT BAY- ECOLOGICAL P-~SERVE ELEMENT m. In-Bay Unit Basins 1. Topographic Surveys 2. Sediment A_natvsis N/C N/C tV. LOWER BAY ELEMENT A. Current' Velocity and Water Quality Determinations 500 B. Suspended Sediment Sampling 500 C. Sediment Sarriple .~malysis 650 D. Data Processing 350 ANNUAL REPORT PREPARATION 3.500 Total $42,500 = 8,500/Participant 1996 and additional occasion following "Channel erosion stud',' will be performed in 1995-on one a s~gnmcant storm season.