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HomeMy WebLinkAboutCC 10 S.D. CREEK SEDIMNT 9-4-90DATE: TO: FROM: AUGUST 26, 1990 WILLIAM HUSTON, CITY MANAGER CONSENT CALENDAR NO. 10 9-4-90 Inter - Com PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: COOPERATIVE AGREEMENT - SAN DIEGO CREEK SEDIMENT MONITORING PROGRAM RECOMMENDATION: That the Tustin City Council approve the Cooperative Agreement for the San Diego Creek Sediment Monitoring Program and authorize the Mayor to execute said agreement subject to the City Attorney's review and approval of said agreement. BACKGROUND: In September 1986, the City entered into a cooperative agreement for the San Diego Creek Sediment Monitoring program with the following agencies: * County of Orange * City of Irvine * City of Newport Beach * Irvine Company This agreement covered a five-year period expired on June 30, 1990. DISCUSSION: The attached cooperative agreement provides for an extension of the previous agreement for another five-year period from July 1, 1990 through June 30, 1995. This proposed agreement is the same as the previously approved agreement and provides for the continuance of a comprehensive sediment monitoring program. The annual cost of the program which will be funded equally by the following four agencies: * City of Irvine * City of Newport Beach * Irvine Company * City of Tustin is estimated to be $44,000 for 1990-91. In subsequent years, the annual cost shall not exceed $44,000 plus a percentage equal to the change in the ,Consumers Price Index. Funds have been budgeted in the 1990-91 budget for the City's share of the cost. Section 10 of the proposed agreement provides for a termination clause by June 30th of any year provided notification is provided each member by the preceeding February 5th. SAN DIEGO CREEK SEDIMENT MONITORING PROGRAM AUGUST 28, 1990 PAGE 2 This Monitoring Program will provide a continuing process to help evaluate and assess the effectiveness of the overall sedimentation control plan. The City Attorney's office is currently reviewing this agreement with respect to format and it is suggested that the City Council approve this document and authorize the Mayor to execute same subject to the City Attorney's final approval. Bob Ledendecker Director of Public Works/City Engineer 1 2 3 41 5 6 7 8 9 101 11 12 13 14 15 16 17 a:3 19 20 21 22 23 24 `5 26 27 28 Coo )cra t i ve Agi cement Snn t)i eZo Creel: Sediment Monitoring Frog ram THIS AGREEMENT is made and entered into this day of , 1990, by and between the City of Irvine, the City of Newport Beach, the City of Tustin, the County of Orange, and The Irvine Company. W I T N E S S E T H 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 previously entered into a Cooperative Agreement 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, 1990; and WHEREAS, the County of Orange is previously 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 and i Newport Bay, assigning responsibilities for various portions of - 1 - 1 2 3 4' 5. 6 7 8 4 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 241 ,5 26 27 28 the program and providing for funding; of the program. Section 2. TERM. The term of this Agreement shall extend from July 1, 1990 through June 30, 1995. 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 previous July 1 to June 30 period shall be completed and submitted to each of the parties by December 31st. Section 5. FUNDING. Exhibit "A" attached 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 County of Orange. The basin surveys and topographic mapping that are planned within the State-owned reserve portion of Upper Newport Bay will be funded by the Department of Fish and Game. The cost of collecting or of 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. 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 County of Orange or the Department of Fish and Game, shall not exceed an annual cost of $44,000 plus a percentage equal to the change in the Consumer's Price Index for the Los - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ?5 26 27 28 Angeles/Orange County metropolitan area for the immediately preceding twelve month period. The annual amount may be further increased by the amount that $44,000 exceeds actual expenditures in the previous year. 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 include 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 the estimated amount of budgeted but unexpended funds. The budget shall include an estimate of the payment required from each party for the following fiscal year. The Cities of Irvine, Newport Beach, and Tustin, and The Irvine Company shall make payments of their portions of the program costs to the County of Orange by September 30th of each year. By September 1st 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, Section 8. AMENDMENT. This Agreement may be amended with 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 other parties. It is the intent of the parties that liability of each party 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 - 3 - 1 2 3 4 5 6 7 8 9 10 11 ---12 13 14 15 16 17 18 19 20 21 22 23 24 '5 26 27 28 Agreement shall so notify all other parties by February 15 of any 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 no agreement is reached regarding the revised allocation of costs, then this agreement shall terminate on June 30th following such notice of termination. - 4 - 1 2 3 4 5 6 7 8 9 10 11 -12 A 14 15 16 17 18 19 20 21 22 23 24 5 26 27 28 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: 1990 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of Orange County, California Dated: 1990 CITY OF IRVINE Dated: 1990 A TEST: y C k CITY OF NEWPORT BEACH Dated: ATTEST: City Clerk THE IRVINE COMPANY By Chairman of their Board of Supervisors APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA :51 By /4-t� )g �, Mayor / (/ I;z::z APPROVED AS TO FORM: Ci y AVto6iey of Irvine or RO ED AS TO FORM: ify Attorney of Newport Beach Dated: , 1990 By - 5 - President 1 2 3 4 5 6 7 8 9 10 11 -12 A 14 15 16 17 18 19 20 21 22 23 24 , 26 27 28 APPROVED AS TO FORM: Attorney for The Irvine Company CITY OF TUSTIN Dated: ATTEST: 1990 By Vice President By Mayor APPROVED AS TO FORM: City Attorney of Tustin - 6 - E)UIIBIT A SEDIM U MONITORING PROGRAM OBJECTIVE To obtain information necessary to evaluate: 1. The effectiveness of in -channel facilities. 2. The effectiveness of in -Bay facilities. 3. The transport of sediments to the Lower Bay/Ocean. 4. The impacts of physical changes in the watershed. WORK PROGRAM The local sediment monitoring program will build on ongoing local activities and will consist of three major elements: I. UPSTREAM ELEMENT - Includes those activities performed in the watershed upstream of Jamboree Bridge. a. Scour Study - Following the conclusion of the storm season, the County Surveyor will conduct a scour study, of the lower San Diego Creek, Peters Canyon Wash and new or improved facilities in the study area, to determine the changes in channel profile stemming from erosion or sediment deposition. This annual survey will continue to be funded by the County and the results will be included in the annual report. Additional scour studies will be performed if storm conditions or sediment removal activities dictate. These additional activities will be funded by the local participants on a time and material basis. The local participants will also fund the collection of sediment samples from the scour study zone. b. Sediment Monitoring - The County operates continual streamflow stations at Barranca Parkway on Peter's Canyon Wash and at Culver Drive and Campus Drive on San Diego Creek. These stations will continue to be funded by the County and the results will be included in the annual report. During storms, samples will be taken from each station every 1-3 hours covering both the ascending and descending phases of flow. Every attempt will be made to obtain a round of samples at peak discharge. c. Channel Erosion Study - The UCLA work involves documenting changes in the watershed and re -surveying a number of established channel cross-sections. This remains as an element of the sediment study and will be funded by the local participants. d. Participant Watershed Documentation Exchange - All 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 periodically prepares aerial photographs which include the San Diego Creek watershed. Participants will make this information available at no cost to the study. Exhibit A Page 2 II. IN -RESERVE ELEMENT - This includes those activities performed within the boundaries of the state ecolcQical reserve. a. Topographic Survey of Reserve - A topographic survey of Basin I and II will be conducted by the Department of Fish and Game following each major storm season which results in a substantial physical alteration of the Bay. In addition, sediment samples will be collected for particle size analysis by the County. III. LOWER BAY AREA ELEMENT - A program will be implemented to determine current velocities and directions, suspended solids (including particle size distributions), water temperature and electrical conductivity under storm conditions. Sediment samples will be collected and analyzed for particle size. This information will document sediment transport characteristics through the Lower Bay and will be based on the existing County monitoring program. 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. ANNUAL RMRT - A report presenting the data and findings obtained during the previous July 1 to June 30 period will be completed by December 31 of each year. FUNDING AND IMPLEMENTATION Funding responsibilities of the program will be allocated as shown in Table 1. Only those costs incurred over and above ongoing activities are specified. Cost estimates provided are based on the previous cooperative program expenditures. TABLE I FUNDING ALLOCATIONS PROGRAM ELEMENT I. Upstream Element A. Scour Study PARTICIPATING SHARED COSTS III. Lower Bay Element 1. Current Velocity and Water Quality Determinations 400 2. Suspended Sediment Sampling 400 3. Sediment Sample Analysis 500 4. Data Processing 250 IV. Annual Report Preparation 2,000 Total $41,050 * Additional surveys will only be performed under special circumstances (see text) and costs are not included in total. ** Boyle model update discontinued - Contingency Fund to be carried over. *** The County of Orange will perform or oversee all activities except for the in reserve element - (DF&G) and the watershed documentation exchange - (all participants). 1. Survey N/C 2. Sediment Sample Analysis 1,500 3. Additional Surveys 3,000* B. Sediment Monitoring - All Stations 1. Streamflow Monitoring N/C 2. Suspended Sediment Sampling 91000 3. Sediment Sample Analysis 12,000 4. Data Processing 3,000 C. Channel Erosion Study 7,000 D. Watershed Documentation N/C*** E. Contingency Fund 51000** II. Upper Newport Bay - Ecological Reserve Element*** A. Unit Basin -Topographic Surveys 1. Survey N/C 2. Sediment Sample Analysis N/C III. Lower Bay Element 1. Current Velocity and Water Quality Determinations 400 2. Suspended Sediment Sampling 400 3. Sediment Sample Analysis 500 4. Data Processing 250 IV. Annual Report Preparation 2,000 Total $41,050 * Additional surveys will only be performed under special circumstances (see text) and costs are not included in total. ** Boyle model update discontinued - Contingency Fund to be carried over. *** The County of Orange will perform or oversee all activities except for the in reserve element - (DF&G) and the watershed documentation exchange - (all participants).