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HomeMy WebLinkAboutNB 1 S.D. CREEK PROG 11-18-85AGENDA DATE: NOVEMBER 12, 1985 NEW BUSINESS NO. 1 11-18-85 Inter- Com TO: FROM: S U BJ ECT: WILLIAM HUSTON, CITY MANAGER BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER COOPERATIVE AGREEMENT - SAN DIEGO CREEK SEDIMENT MONITORING PROGRAM RECOMMENDATION: That the Tustin City Council, at their meeting of November 18, 1985, authorize the execution of the Cooperative Agreement for the San Diego Creek Sediment Monitoring Program and authorize a supplemental budget appropriation in the amount of $6,000.00 for fiscal year 1985-86 for Tustin's share of the annual funding. BACKGROUND: On September 17, 1984, the City entered into a Cooperative Agreement for the San Diego Creek/Upper Newport Bay Watershed Storm Drain Sedimentation Control Program with the County of Orange, City of Irvine, The Icvine Company, City of Newport Beach and Department of Fish and Game. This previous Agreement provides for the preparation of plans, construction and annual maintenance of three in-channel sedimentation basins along San Diego Creek, but did not include any on-going provisions for a Sediment Monitoring Program. DISCUSSION: The subject Agreement is in addition to the initial September 17, 1984 Agreement and was initiated to implement a comprehensive Sediment Monitoring Program for the San Diego Creek Watershed and Newport Bay. The term of the Agreement is set for five (5) years commencing on July 1, 1985. Funding of this program is designated to be shared equally by the following parties: County of Orange City of Irvine City of Newport Beach The Irvine Company City of Tustin Funding shall not exceed an annual total of $30,000.00 for the 1985-86 fiscal year. In subsequent years the annual cost shall not exceed $30,000.00 plus a percentage equal to the change in the Consumers Price Index. The County of Orange would serve as lead agency in this Monitoring Program. Section 10 of the proposed Agreement provides for a termination clause by June 30 of any year provided notification is provided each member by the proceeding February 15th. NOVEMBER 12, 1985 PAGE 2 This Monitoring Program will help evaluate and assess the effectiveness of the overall Sedimentation Control Plan. The City Attorney's office has reviewed the Agreement format and has found it to be satisfactory. ob Led~nd'ecker Director of Public Works/City Engineer BL:jr Cooperative A~reement San Diego Creek Sediment Monitoring Program T~IS AGREEMENT is made and entered into this day of ",/r~!., '~'~q, . ., 1985, by and' between the City of Irvine, the City of Newport Beach, the City of Tustin, the County of Orange, the California Department of Fish and Game, and The Irvine Company. W I T' N E S S E T'H WHEREAS, the Cities of Newport Beach and Irvine have entered into a cooperative agreement with the Southern California Association of Governments for the development of a Comprehensive Storn% Water Sedimentation Control Plan for the San Diego Creek basin; and, WHEREA~, an element of the Pian is to perform sediment monitoring within the San Diego Creek watershed and Newport Bay; and, ~4F~REAS~ 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, t6 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, I~HEREAS, the Cities of Irvine and Newport Beach and 'The Irvine Company ha~e funded a sediment monitoring program conducted by the U. S. Geological Survey from September, 1982 through September, 1984; and, - 1 - - 2 - 'WHEREAS, the County of Orange is presently engaged in sediment and water quality control sampling and monitoring within the San Diego Creek watershed and Newport Bay; NOW, ~REFORE, in consideration' of the foregoing, the parties hereto agree as follows: Section 1. PURPOSE. This Agreement is entered into for the purpose of imple~.enting a comprehensive sediment monitoring program for the San Diego. Creek watershed and Newport Bay, assigninq responsibilities for various portions of the program and providing for fundinq of the program. Section 2. TERM. The term of this Agreement. shall extend from July 1, 1985 through June 30, 1990. 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 not. hereinafter delegated to the Department of Fish and Game, collect funds from the other parties, prepare annual budgets, and perform other administrative functions necessary to carry out the intent of this Agreement. - 3 - Section 4. MONITORING PROGRAM DESCRIPTION· The monitoring program shall be as 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 q~ality 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 t_he Department of Fish and .Game. The cost of ~ollecting 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 8f the program, as indicated in' Exhibit "A", shall be shared equally among all parties to this Agreement except the Department of Fish and Game. Section 6. COSTS. The total annual cost of the portion of tlhe 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 $30,000 for the 1985-86 fiscal - 4 - year. In subsequent years the annual cost shall not exceed $30,000 pIus a percentage increase equal to the change in t_he Consumer's Price Index for the. Los Anqeles/Orange County metropolitan area for the immediately preceding twelve month period. The annual amount may be further increased by the amou/lt that $30,000 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 followinq fiscal year to each of the parties by March 1st of each year. The budge~ 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 es%imate 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. - 5 - 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 u~derstood 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. ~t 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 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.shall continue in the performance of the texans and conditions of this Agreement on the basis of a revised allocation of costs as set forth in Section .5. - 6 - 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: , 1985 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUM!ENT HA~ BEEN DELIVERED TO T~ CHAIRMAN OF THE BOARD By ....... ~ ~' ' /'~--~-~-~C'~/~ Chairman of their Board Supervisors APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Clerk of the Board of Supervisors By ~/;~ of Orange County, California ...~. b / CITY OF IRVINE Dated: 1985 ATTEST: CiTY OF NEWPORT BEACH Dated: · 1985 ATTEST: Mayor I/- ' / ~ APPROVED TO FORM: City Clerk City Attorney of Newport Beach - 7 - CALIFORNIA DEPARTMENT OF FISH AND GAME Dated: , 1985 By Director THE IRVINE COMPANY Dated: , 1985 APPROVED AS Attorney for The~Ine Company Pres iden~ BY~ni'or Vice PreSident CITY OF TUSTII~ Dated: , 1985 By Mayor A~EST: APPROVED AS TO FORM: City Attorney of Tustin EXHIBIT A l. Effectiveness of in-channel facilities 2. Effectiveness of in-Bay facilities 3. T~arlsport of sedia~e~ts to ~he Lower Bay/Ocea~ 4. Impacts of physical changes in the drainage system. p .rc~ed Local Sediment Monitoring Prc~ra~ The local sediment monitoring program will build on ongoing local activities and will __~9nsist of three major elements: 1. Upstream Element - This elenent includes those activities performed upstream of Jamboree ~oad. Scour Study - Annually, following the cc~-~clusion of the storm season, the County Surveyor will perform a scour study of lower San Diego Creek. This survey will include the two existing sediment basins and the reac/~ o~ San Diego Cree~ to the confluence with ~eters Canyon Wash. This ann,,~l survey will cc~tinue to be funded by the County. Sediment samples will be collected and analyzed for particle size distribution. Also, if storm conditions or sediment re~oval activities dictate, additional surveys will be perfor~ and sediment s~nples collected. These additional activities will be f%~ded by the local participants on a time. and materials basis. The Woodbridge re~c_-h of San Diego Creek is surveyed and s~,~les are collected for particle size ar,~]ysis on an ann,~l basis unless only a ~13 ~ount of sediment has accumulated. This activity will continue and the results will be included in the ann~,~l reports. be Sediment Monitoring - ~ monitors streamflow in San Diego Creek at Ca~pus Drive.. This streamflcw ~nitoring station will continue to be operated and funded by the County. Suspended sediment samples will be collected and analyzed for weight and particle size distribution and water t~erature will be measured during storm events. Bed load calculations will be calibrated using sediment basin data. These activities will be fur~ed by the local participants on a time and materi~]-~ basis. The sediment stations at Peters Canyon Wash at Barranca and San Diego Creek at Ck/lver Drive will be maintained. Maintenance of UCLA Storm Channel Study - The County in ccoperation with USGS has funded a study by UCLA in the San Dieg6 Creek water- shed in su~ort of the sediment study. The UCLA ~Drk involves documenting bhanges in the watershed ar~ re-surveying a number of established channel cross-sections. This remains as an element of the local sediment study and will be funded by the local partici- pants. Exhibit A Page 2 Other Watershed Documentation - ~d~ local participants prepare documents describing changes in the watershed and/or stre~ system and engage consultants t~ develop information on the watershed. For example, TIC periodically prepares aerial photographs which include the San Diego Creek watershed. Participants wi]_% make this information available at no cost to. the study. e. Update of Boyle Sediment Yield Mcdel. The information developed in a-thru-d will be utilized in updating the sedim~_nt yield n~del. 2. In-R~serve Element - This includes those activities performed within the k~ndaries of the sta~ ecolcgica~ reserve. Survey of Sediment Basin(s) - This survey will document the amount of sediment accumn!ated and removed. Sediment s~ples will ~ be collected and ~,~itted to County for particle size analysis. The frequency of these activities will be based on the judgement of DF&G staf~ (generally after each significant storm season and after ~.~letion of sediment r~val operations). The surveys will be Topcgraphic Survey of Reserve - A top~graphic survey of the Ecologica~ R~serve will be conducted by the Department of Fish and Ga~e following each major storm season which results in a substantial physical alteraticn of the Bay. In addition, sediment samples will be collected for particle size analysis by the County. Lower Bay Area Element - A program to measure current velocities, directions, suspended solids (including particle size distributions), water temperature and electrical conductivity, and collection and particle size distribution ar~!ysis of bottom sediment samples will be impl~aented. This information will document sediment translnort characteristics through the i~wer Bay and will be based cn the existing County monitoring program. Field measurements under this element will be limited to t~ on three major storm events each season. Annual R~port - A short report presenting the data and findings obtained during the previous July 1 to June 30 period will be o~leted by Dec~mber 31 of each year. Funding and Lm?lementation Fun~ing responsibilities will be a]located as indicated in Table 1. Ongoing activities are indicated by an "X". Only t/nose costs incurred over ar~ above ongoing activities are s~ecified. Also, cost estimates provided are intentioma]ly pessimistic (i.e., high) and are subject to revision. Table 2 indicates which agencies will perform or oversee the various activities. In ~Dst instances, sediment m~nitoring would consis~ of mcdificatio~ of ongoing activities resulting in minimal additional cost to the participants. DRC: dasRD-08-2 411~1s5 bit A A. U,~, tre~n Element Scour Study a. Survey b. Sediment sample analysis c. A~ditional surveys Sediment Monitoring a. San Diego Cree~ at Campus Drive i. Stremnflcw monitoring ii. Suspended sediment sampling & water temp. measurement iii. Sediment sample a~alysis Peters Canyon Wash at Barranca i. Streanflow monitoring ii. Susl~.nded sediment sampling & water temp. measurement iii. Sediment s~aple analysis i. ii. iii. Diego Creek at Culver Str e~m%flcw monitoring Suspended sediment sampling & water temp. measurement Sediment sample analysis UCLA Storm Channel Study Watershed Documentation 5. Update of Boyle ~del B. In-Reserve El~nent Sediment Basin(s) Survey a. Survey b. Sediment sample analysis Topographic Survey a. Survey b. Sediment sample a~a]ysis X X par tici~%nts* Shared Costs .... 2,000 (4,000)**** 2,000 2,000 2,000 2,000 2,000 2,000 7,000 X 5,000***' State ~X X X X F%unding A!~ations Partici_,mgnt,s*, , Count~ '"Shared Costs C. Lower .B~.y Area El~ent 2,000 D. Annual Re~ort 1,000 ~i~L** 29,000 State -* Local participants include County, TIC, Irvine, Tustin and Newport Beach. Ass,~,,~ing Twelve storm events/year. ~-* Not an annual activity. **** A~ditional surveys will only be performed under a-~ecial circumstances (see text). Program A. U,~tre~m F. lament 2. Sediment Monitoring 3. UCLA Study 4. Watershed Documen~tion Implementation X X X X Par ti¢i.?:nnts Sh~red Costs State B. In-Reserve Element' Ce Sediment Basin Survey a. Survey b. Sediment s~ple collection & analysis Top~graphic Study a. Survey b. Sediment sample collection & analysis 3. Hydrodynamic ~odel Update Lower Bay Area El~nent A."T,., ~ 1 R~?or t X X X X X X DRC: dasRD-08-2 4/ 5/85