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HomeMy WebLinkAbout09-10-1984 Item #F-14BY THE CITY COUNCIL September 10, 1984 CITY OF NEWPORT BEACH CITY COUNCIL AGENDA ITEM NO. F-14 SEP 101984 TO: CITY COUNCIL VV FROM: Public Works Department SUBJECT: UPPER NEWPORT BAY --SAN DIEGO CREEK SEDIMENT CONTROL PLAN RECOMMENDATIONS: 1. Authorize the Mayor and the City Clerk to execute the revised Upper Newport Bay Cooperative Agreement 2. Authorize the Mayor and .the City Clerk to execute the implementa- tion agreement for the in -channel facilities. 3. Authorize the Mayor and the City Clerk to execute a Cooperative Agreement with the City of Irvine to provide their portion of the cost for the second year of the Sediment Monitoring Program. 4.b Authorize the Mayor and the City Clerk to execute an agreement with the Department of Fish and Game to provide their portion of 4 the cost for the Unit I Upper Newport Bay Sediment Control and Restoration Project, INTRODUCTION: On August 22, 1983, the City Council authorized the Mayor and the City Clerk to execute the Upper Newport Bay Cooperative Agreement. The agree- ment provided a forum and executive committee of parties to the agreement to: 1. Evaluate and assess progress toward implementing the Sediment Control Plan. 2. Formulate project implementing agreements for the elements of the plan. 3. Evaluate and assess the effectiveness of the various elements of the plan. Parties to the agreement included: 1. State of California Department of Fish and Game. 2. The County of Orange. 3. The City of Irvine. 4. The City of Newport Beach 5. The Irvine Co. The attached Council Report from August 22, 1983, describes the exist- ing agreement and elements of the Sediment Control Plan. September 10, 1984 Subject: Upper Newport Bay --San Diego Creek Sediment Control Plan Page 2 DISCUSSION: Recommendation #1 - This agreement replaces the first Upper Newport Bay Cooperative Agreement in order to include the City of Tustin as a partici- pating agency and as a member of the Upper Newport Bay executive committee. The purpose, terms and conditions of the agreement remain unchanged. Recommendation #2 - This agreement is the implementation agreement for the in -channel facilities. A. The parties to the agreement are: 1. The County of Orange 2. The Orange County Flood Control District 3. The City of Newport Beach 4. The City of Tustin 5. The City of Irvine 6. The Irvine Co. B. Principal Terms of the Agreement 1. Description of in -channel facilities --The County is to prepare a project report describing and evaluating proposed sediment con- trol facilities in San Diego Creek and proposed flood control facilities. Parties to agreement agree that Orange County Flood Control District is solely responsible for the flood control facilities and that the remaining parties including the County are responsible for the sediment control facilities. 2. Purpose --To accomplish the Upper Newport Bay San Diego Creek Comprehensive Storm Water Sediment Control Plan. 3. Term --Shall continue as long as facilities are needed for protec- tion of Upper Newport Bay. The agreement may be terminated, amended, or suspended by unanimous consent of the parties. 4. Design, funding, construction and maintenance --The County shall act as the lead agency in all phases of the project. The County will operate and maintain the facilities in such a way as to accomplish its flood control purpose. The parties agree that such level of maintenance should be adequate to control influx of sediment to Upper Newport Bay, but if, at any time, the Executive Committee deems it appropriate to engage in a higher level of maintenance, the cost thereof shall be subject of separate negotiations. 5. Executive Committee --As formed by the Upper Newport Bay Cooperative Agreement. September 10, 1984 Subject: Upper Newport Bay --San Diego Creek Sediment Control Plan Page 3 6. Technical Liaison Committee --Each party shall appoint a member and an:alternate to the Technical Liaison Committee. 7. Distribution of cost: a. Parties agree to the following distribution of cost to implement sediment control facilities when costs are not covered by out- side funding: County of Orange 41% - City of Irvine 8% The Irvine Co. 42% City of Tustin 6% City of Newport Beach 3% b. This agreement provides for the cost of the Project Report, as follows: County of Orange $ 12,300 City of Irvine 2,400 The Irvine Co. 12.,600 City of Tustin 1,800 City of Newport Beach 900 County Flood Control District 170,000 Total $200,000 8. Schedule --Intent of parties is to complete the project by 1990. 9. Withdrawal of parties --Any party to this agreement may withdraw by giving written notice of withdrawal to the other parties. 10. Availability of funds --The obligation of each party is subject to the availability of funds. Final approval of the agreement is being requested simultaneously by each party. Funding for the City's share of the Project Report ($900) has been included in the 1984-85 Capital Project Budget. Recommendation #3 --On January 11, 1982, the City Council approved the City's participation in the San Diego Creek Sediment Monitoring Program to be jointly funded by The Irvine Co., the City of Irvine, the City of Newport Beach, and the U.S. Department of the Interior Geological Survey (USGS). The first year of the program is completed and the City has entered into an agreement with the USGS for the second year of the program. The Irvine Co. has contributed its portion of the cost for the program, and this agreement will provide for the City of Irvine's portion of the cost. It is anticipated that continuation of the Sediment Monitoring Program will be provided for in an implementation agreement with the County of Orange, the City of Irvine, the City of Newport Beach and The Irvine Co. September 10, 1984 Subject: Upper Newport Bay --San Diego Creek Sediment Control Plan Page 4 This agreement is scheduled for approval at the City of Irvine council meeting on September 11, 1984. Terms of the agreement provide funding as follows: City of Irvine $12,390 City of Newport Beach 12,390 The Irvine Co. 16,520 USGS 41,300 Total $82,600 Funding for the City's share of this project ($12,390) has been provided for in the 1984-85 Capital Projects Budget. Recommendation #4 --On April 9, 1984, the City Council authorized the Mayor and the City Clerk to execute the implementation agreement for the in -bay facilities. Since that time, the City, acting as lead agency, has pursued preparation of the plans and specifications, permits and funding for the Unit I in -bay project. This agreement provides for the Department of Fish and Game's portion of the cost for the Unit I Upper Newport Bay Sediment Control and Restoration Project. Principle terms of the agreement are as follows: 1. Description of Unit I Project a. Removal of central island from Early Action Plan basin in bay. b. Deepen Early Action Plan basins. c. Expand Early Action Plan basin d. Widen and deepen subtidal channel from outlet of basin to main dike. 2. Department of Fish and Game shall: a. Obtain permits for project. b. Deposit $1,700,000, State's portion of project cost. c. Review and approve plans. d. Present plans to State Public Works Board. e. Name authorized representative to approve award of contract. f. Review and approve project final report. September 10, 1984 Subject: Upper Newport Bay --San Diego Creek Sediment Control Plan Page 5 3. City shall: a. Collect deposits from the parties to the in -bay agreement. b. Assemble bid documents to permit accounting for funds ex- pended on project. c. Advertise for bids. d. Provide contract administration, design engineering and construction engineering for project. e. Furnish Department of Fish and Game final cost estimate for project. f. Furnish Department of Fish and Game reproducible "as - constructed" plans. g. Prepare final Project Report. 4. It is mutually understood that: a. Department of Fish and Game shall deposit $1,700,000 with City 30 days after State Public Works Board approves project. b. If bid price exceeds funds available for project, the quan- tity of material to be excavated will be reduced. c. At completion of project, City will return any unused funds to the parties to the in -bay agreement. d. Department of Fish and Game and City will complete the environmental assessments as required by the Environmental Quality Act of 1970. e. Change orders will require written approval from Department of Fish and Game except in an emergency, in which case verbal approval from an authorized Department of Fish and Game representative, followed by written approval, will be provided. f. Equipment purchased by City with State funds will become property of the Department of Fish and Game. g. This agreement may be amended by mutual written consent of both portions. h. Term --September 1, 1984 to December 31, 1985. September 10, 1984 Subject: Upper Newport Bay --San Diego Creek Sediment Control Plan Page 6 After execution by the City, the agreement will be transmitted to the Department of Fish and Game for approval. Funding for the City's portion of the Unit I Project ($124,500) has been provided in the 1984-85 Capital Projects Budget. Benjamin B. Nolan Public Works Director JW:jd Att.