HomeMy WebLinkAboutC-2279 - Agreement Leasing Site A Use as Disposal, Upper Newport Baya
MAB:wp AGREEMENT BETWEEN THE CITY OF
9/4/81 NEWPORT BEACH AND THE IRVINE COMPANY FOR
PLACEMENT OF EXCAVATED MATERIAL
THIS AGREEMENT IS ENTERED INTO THIS O'dL7fi day of
, 1981, between the CITY OF NEWPORT BEACH
(hereinafter referred to as "CITY ") and THE IRVINE COMPANY, a
Michigan corporation (hereinafter referred to as "TIC "):
W I T N E S S E T H:
WHEREAS, CITY plans to dredge and excavate portions of
Upper Newport Bay and San Diego Creek above the Bay and requires a
convenient site to dewater and temporarily deposit the resulting
spoils material (hereinafter referred to as "the material "); and
WHEREAS, TIC owns real property on the south side of San
Diego Creek between Jamboree Road and MacArthur Boulevard, a de-
scription of which is attached hereto and marked "Exhibit A" and a
map of which is attached hereto and marked "Exhibit B" (hereinafter
collectively referred to as "Site A "), which is within close
proximity of a City - proposed dredging and excavation operation; and
WHEREAS, TIC is willing, subject to the terms of this
Agreement, to allow CITY to use Site A for a specified period
of time in conjunction with a City desiltation and restoration
project in Upper Newport Bay and San Diego Creek; and
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WHEREAS, Site A currently appears on the Newport Beach
General Plan as having a primary use as a Public Works Reserve
and a secondary use as General Industry; and
WHEREAS, the parties hereto recognize that substantial
portions of Site A are underlain by compressible soils which may
necessitate extraordinary measures to make the entire site suitable
for general industrial development and the parties will take
this fact into consideration when reviewing the acceptability of the
dredged material for permanent deposition; and
WHEREAS, in an effort to provide sediment control protec-
tion for Upper Newport Bay, CITY proposes to perform an interim
early action plan which will include the deepening of San Diego
Creek channel from its intersection with MacArthur Boulevard to its
intersection with Campus Drive, installing drop and control struc-
tures in such channel and dredging an existing basin downstream of
Jamboree Road; and, as the agent of the State of California Depart-
ment of Fish and Game, CITY proposes to perform a pilot marsh
restoration plan which will include the excavation of a channel from
the point of intersection with the basin downstream of Jamboree Road
to a point on the channel approximately six thousand feet (6,000')
downstream into the Upper Bay; and
WHEREAS, it is the intent of the parties that the use of
Site A will be considered a source of local matching value for a
pending grant under the Clean Water Bond Funds, and that the value
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of the use of the site for such purposes shall be not less than One
Million Dollars ($1,000,000);
NOW, THEREFORE, in consideration of the mutual promises
and covenants hereinafter set forth, CITY and TIC agree as follows:
1. Term and Rent. The term of this Agreement shall be
one (1) year commencing on the date CITY delivers to TIC a written
notice that CITY intends to exercise its option to use Site A,
provided that in no event shall the term of this Agreement commence
after March 1, 1982. Upon receipt of such notice TIC will make the
site available to CITY for the term of one (1) year at no cost to
CITY, subject to the terms and conditions of this Agreement.
2. Deposit of Materials. Subject to the terms and
conditions of this Agreement, TIC will allow CITY to deposit mat-
erial from Upper Newport Bay and from San Diego Creek on Site A in
accordance with grading operation plans as approved by TIC and
CITY. Prior to placement of any material on Site A, CITY will cause
a soils report to be prepared regarding the material to be de-
posited. TIC shall review and approve or disapprove such report
within thirty (30) days of receipt provided that such approval shall
not be unreasonably withheld.
The material shall be deposited in accordance with the
conditions as shown on "Exhibit C" attached hereto. CITY shall
cause a soils engineer acceptable to TIC to regularly observe the
process of material deposition on Site A in order to insure that all
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material is deposited in accordance with all terms and conditions of
this Agreement and Exhibit C. The soils engineer shall be directed
by CITY to notify TIC of any deviation from the procedure and plan
contained in Exhibit C or of any soil deposited which is inconsis-
tent with the above - mentioned soils report. TIC shall have the
right to halt deposition according to paragraph 7 of the Agreement
if any significant deviation or inconsistency occurs. Any material
deposited in a manner inconsistent with Exhibit C or which is
inconsistent with the terms of this Agreement shall be removed by
CITY prior to the termination date of this Agreement. All material
permanently placed on Site A shall become the property of TIC unless
required to be removed by the terms of this Agreement.
CITY shall provide a bond in an amount and form acceptable
to TIC to insure the removal of any material which must be removed.
For the purpose of establishing limits of the removal area and
grades which exist before placement, the topographic elevations
shown on "Exhibit D" attached hereto shall be used.
CITY agrees during the term of this Agreement and until
all material which must be removed from Site A is so removed to
operate and maintain Site A in accordance with the requirements
of all permitting agencies and in a manner acceptable to TIC.
CITY's maintenance responsibility under the terms of
this Agreement shall include responsibility for erosion control
and water quality.
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3. Permits. CITY shall obtain, at no cost to TIC,
all permits and approvals from government or other entities or
individuals required for CITY activities on TIC land. CITY shall
indemnify and hold TIC harmless for all loss, cost or damage,
including fees for an attorney of TIC's choosing, resulting from the
failure of CITY to obtain any permit or approval claimed to be
required or from any dispute arising with any entity or individual
regarding a permit or approval.
4. Entry Permits. CITY contractors shall obtain entry
permits from TIC in a form acceptable to TIC if they desire to gain
access across adjacent TIC lands to allow placement or removal of
material. The access routes across TIC lands are subject to approv-
al by TIC and may be changed by TIC to accommodate TIC use of
adjacent properties.
5.
Indemnification.
CITY
shall indemnify,
defenc
and hold TIC
harmless from and
against
all claims, demands,
damages,
costs and expenses, including fees for an attorney of TIC's own
choosing, arising from CITY's or its contractors' operations carried
out on Site A including, but not limited to, claims regarding
erosion and water quality.
6. Insurance. CITY agrees to obtain and maintain
during the period of this Agreement policies of comprehensive
general liability insurance, from an insurer acceptable to TIC, in-
suring against loss, damage or liability for injury to or death of
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y •
any person, or loss or damage to property arising from the opera-
tions of CITY, its agents, representatives, contractors and sub-
contractors or employees on TIC's property and in connection with
the movement and deposit of material called for herein. Such
policies shall include automobile liability, blanket contractual,
broad form property damage and personal injury coverages for not
less than One Million Dollars ($1,000,000) combined single limit
bodily injury, death and property damage liability per occurrence.
TIC will not be responsible for any costs of premium or other
charges for such insurance. Prior to any entry upon TIC's property
by any CITY representative, agent, contractor, subcontractor or
employee, TIC will be furnished with a policy or certificate of
insurance with a provision for thirty (30) days' notice to TIC of
cancellation or material change in the policy.
Such insurance shall name TIC as an additional in-
sured, with the provision that the policies shall be primary and
any insurance carried by TIC shall be noncontributing with CITY
insurance. Such policy shall contain a provision that naming an
additional insured shall not negate any right the additional insured
would have had as claimant under policy if not so named.
CITY may, at its option, satisfy all or a part of the
insurance obligations of this Agreement by self- insurance, provided
that such self- insurance shall provide the same coverage, protection
and payments as would be provided if the insurance contemplated
herein were to be obtained.
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7. Remedy Upon Breach. If CITY or any of its contractors
shall breach any of its obligations mentioned herein, CITY shall
cease work on Site A within twenty -four (24) hours of receipt of
written notice from TIC. CITY shall have thirty (30) days to cure
such breach or the conditions or practices causing breach, and if
not so cured, TIC shall have the right to immediately terminate this
Agreement by written notice to CITY.
8. Force Majeure. No liability, breach or default shall
result under this Agreement from any inability or delay in perfor-
mance of a party hereto which is caused by conditions or circum-
stances beyond the control of that party, including but not limited
to acts of God, fire, flood, weather, accident, riot, sabotage,
strike, embargo or government action or inaction (each of which is
hereinafter referred to as a "force majeure condition "). In the
event of the occurrence of a force majeure condition, that party's
performance shall be excused and suspended for the period of time
during which such condition exists and shall not be revived and
required until after that identical time period has passed following
the original date due for performance. The party whose performance
is so affected shall timely notify the other party receiving such
performance of the nature and reasons for the force majeure condi-
tion and shall promptly notify such other party of the cessation
thereof.
9. Binding on Heirs, Successors and Assigns. The terms,
provisions and conditions of this Agreement shall be binding upon
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and inure to the benefit of the parties and their heirs, successors,
assigns or transferees.
10. Time of Essence. Time is of the essence in this Agree-
ment.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be made and executed the day and year first above
written.
CITY OF NEWPORT BEACH APPROVED AS TO
0
ATTE T:
City Clerk
THE IRI NE COMPANY
By
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ty `ttorney `b£ Newport Beach
APPROVED
AS TO
FORM:
� � I
a"
ir-1,
Attorney
for
T Irvine
Company
• EXHIBIT "A"
PROPERTY DESCRIPTION FOR DISPOSAL SITE A
That portion of Lot 146, Block 51 and Lot 442, Block 57 of Irvine's
Subdivision, in the city of Newport Beach, county of Orange, state of
Calfiornia, per map recorded in Book 1, page 88 of Miscellaneous Record Maps,
in the office of the County Recorder of said county described as follows:
Beginning at the intersection of the easterly line of Jamboree Road,
132 feet wide, per deed of Street Easement recorded June 6, 1962 in Book 6135
page 155 Official Records in the office of said County Recorder, with the
southerly line of Parcel No. F5 -101 as described in Easement deed recorded
March 11, 1963 in Book 6462 page 165 of said official records; thence along
said easterly line South 60 18' 16" East 79.13 feet to the beginning of a tangent
curve, concave westerly having a radius of 2466.00 feet; thence southerly
630.02 feet
along said
curve
through a
central angle of
140 38'
1T'; thence
tangent to
said curve
South
80 20' 01"
West 373.13 feet;
thence
leaving said
easterly line South 571 51' 57" East .44.19 feet to the .beginning of a non-.-
tangent curve concave southwesterly having a radius of 862.00 feet, a radial
to said - beginning. bears North 00 33' 30" East; -thence - southeasterly- along said
curve 686.96 feet through a central angle of 450 39' 41"; thence tangent to
said curve South 430 46'
49" East
911.95 feet; thence North 40
00' 00" East
530.67 feet; thence North
140 30'
00" {Nest 950.00 feet; thence
North 240 00' 00"
{Vest 490.00 feet; thence North 500.00' 00" West 395.42 feet to a point in said
southerly line of parcel F5 -101, being in the are of a curve concave southerly
having a radius of 3805.00 feet, a radial to said point bears North 90 38" 25"
West; thence westerly along said curve 538.54 feet through a central angle of
80 06' 33" to the point of beginning..
The above described parcel contains 35.84 acres.
OC -NO3- 109 -00
7i- 512
7/9/81
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BOYL�E�ENGINEERING CORPORATION
Keith F. Bush, L.S. 4406
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M O O R E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS
REQUIREMENTS FOR PLACEMENT OF FILL
I. Purpose
The following sets forth the requirements for the placement of
permanent fill.
II. Site Preparaton
All site clean -up and mechanical grading will be subject to observa-
tion and testing by a representative of the project geotechnical
engineer and must. conform to the following requirements and those of
the appropriate governing agencies.
A. A pre - grading meeting attended by representatives of the grading
contractor, Moore & Taber, City of Newport Beach, Boyle Engineering
Corporation, and The Irvine Company is required to ensure proper
coordination and understanding of the necessary site grading.
B. All existing vegetation, trash, debris or surface obstructions
shall be removed and disposed off -site. Any existing subsurface
structures within areas to be filled shall be removed, realigned,
destroyed or abandoned in compliance with specifications of the
appropriate governmental agency and requirements of the geotechnical
engineer.
C. All existing uncompacted fill must be excavated. The material
may be replaced as properly compacted fill, if free of all
deletericus matter and approved by the geotechnical engineer.
M O O R E S, TA B E R CONSULTING ENGINEERS AND GEOLOGISTS
III. Fill Material
A. All fill must consist of earth material free of trash, debris
or significant concentrations of vegetation. The maximum density,
optimum moisture content, and moisture- density relationship of
mechanically compacted fill material shall be determined in
accordance with ASTM Test Method D1557 -70.
B. If fill is placed hydraulically, the following conditions must
be satisfied:
1. Construction of dikes
a. The clean natural ground surface beneath the dikes must
be scarified, brought to about optimum moisture content,
and compacted to at least 90b relative compaction for a
depth of eight inches.
b. Fill material for dikes shall be generated from on -site
soil. The material shall be excavated uniformly from
the surface to avoid creation of pits.
c. Embankment fill shall be spread in 6- to 8 -inch lifts;
watered to approximately optimum moisture content, and
compacted to at least 90% of maximum density.
d. Embankment side slopes shall not be constructed at a
gradient steeper than to-�-o horizontal to one vertical.
M O O R E S TA B E R CONSULTING ENGINEERS AND GEOLOGISTS
2. The clean natural ground surface shall be scarified,
watered to about optimum moisture content, and compacted
to at least 90% of maximum density to a depth of eight
inches in all areas where less than one foot of the native
surficial soils are excavated.
3. Horizontal drainage shall be established beneath areas to
receive hydraulic fill as described in Section IV.A.
(see Figure 1) or Section IV.S. (see Figure 2).
4. Dredge discharge must be kept within the established spoil
delta to minimize disturbance to the base drainage layer.
5. Where the stabilized (normally consolidated) thickness of
hydraulic fill will exceed six feet (approximately initial
thickness of ten feet), one of the following alternatives
must be utilized.
a. Establish intermediate horizontal drainage layers
consistent with Section IV.A. (see Figure 3); or
b. Install vertical drains, e.g. Alidrains, Bando
Drainage Wicks, Castle Drain Boards or Mebra- Drain,
at horizontal spacings of six (6) feet for a total
stabilized fill thickness between 6 and 9 feet and
at a spacing of five (5) feet for a fill thickness
greater than 9 feet (see Figure 4).
C. If fill is placed mechanically, the following conditions must be
satisfied.
i•
r ! •
M O O R E £. TA B E R CONSULTING ENGINEERS AND GEOLOGISTS
1. The clean natural ground surface must be scarified,
watered to optimum moisture content, and compacted to
at least 90% relative compaction for a depth of eight
inches.
2. horizontal drainage shall be established beneath areas to
receive fill as described in Section IV.A. (see Figure 1)
or Section IV.B. (see Figure 2).
3. Five (5) settlement platforms shall be installed at locations
indicated by the project geotechnical engineer. Extreme care
must be exercised during grading to prevent any damage to
the settlement platform rods.
4. Fill shall be spread in thin lifts not exceeding eight inches
in thickness and dried just sufficiently to permit compaction
to at least 80% of maximum density. The determination of the
required moisture content shall -be based on the- compacted
field dry density achieved and the moisture- density curve
developed by ASTM Test Method D1557 -70 for the specific soil
type. This requisite field moisture content shall be no less
than 3% below the value indicated by the moisture- density
curve for the field dry density achieved (see Figure 5.).
5. Intermediate horizontal drainage layers consistent with
Section IV.A. (see Figure 3) shall be provided at intervals
of 10 feet.
t ,
r r • •
1 M O O R E Fr TA B E R CONSULTING ENGINEERS AND OEOLOGIS75
IV. Site Subdrainage
Sufficient horizontal drainage must be provided to aid in the even-
tual consolidation of either hydraulically or mechanically placed
fill. Intermediate drainage layers shall conform to Item A below.
The base drainage layer may consist of either system (Item A. or B)
noted below.
A. A continuous sand blanket having a minimum thickness of one
foot shall be placed in areas to receive fine - grained fill.
This blanket may consist of the uppermost granular sediments
located within the San Diego Creek Channel or proposed Upper
Newport Bay Basin. Four -inch diameter perforated plastic
drain pipes wrapped with non -woven filter fabric (EOS 100 or
finer) shall be placed in the sand blanket at intervals not
exceeding 300 feet. The pipes shall be connected at their
northerly terminus to a similarly wrapped perforated pipe which
shall discharge into San Diego Creek Channel. The drain pipes
shall be placed subsequent to the placement of the sand blanket.
B. The native surface sediments presently located on Site A may
be used as the drainage medium provided drainage pipes as
described in Section IV.A. are placed at least two feet below
grade and are spaced at intervals not exceeding 100 feet.
s ,
M O O R E S TA B E R CONSULTING ENGINEERS AND GEOLOGISTS
SCHDIATIC REPRESENTATION OF HORIZONTAL
BASE DRAINAGE
4 -inch perforated plastic pipe wrapped in non-
woven filter fabric (placed with perforations down)
Sand Blanket
300' max
Native Ground Surface
24" min.
12" min.
100' max.
Native Ground Surface
FIGURE I
4 -inch perforated
plastic pipe
wrapped in non-
woven filter
fabric (placed
with perforations
down)
FIGURE 2
9 0
M O O R E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS
INTERMEDIATE HORIZONTAL DRAINAGE
Fill
12" min. Sand Blanket
300' max. —
H Fill
12" min. Sand Blanket
H Fill 4 -inch perforated plastic
pipe wrapped in non -woven
fabric (placed with
perforations down)
Base drainage per Figure 1 or Figure 2
Fill H(Stabilized)
Hydraulic 5 feet
Mechanical 10 feet
FIGURE 3
Vert
dra
0 •
M O O R E S TA B E R CONSULTING ENGINEERS AND GEOLOGISTS
VERTICAL DRAINAGE IN HYDRAULIC FILL
Final grade
Base drainage per Figure 1 or Figure 2
Vertical drains to extend into base drainage
layer and above final grade
9
11
R
H
<6 feet
6 -9 feet
>9 feet
- SECTION -
0
S
0 0
PLAN -
Vertical
drains
AI
C
S
Not required
6 feet
5 feet
FIGURE 4
ical
ins
,%7&5\�
S
Ll
H
r
Base drainage per Figure 1 or Figure 2
Vertical drains to extend into base drainage
layer and above final grade
9
11
R
H
<6 feet
6 -9 feet
>9 feet
- SECTION -
0
S
0 0
PLAN -
Vertical
drains
AI
C
S
Not required
6 feet
5 feet
FIGURE 4
Ym
Yl
Y2
COMPACTED MOISTURE -
DENSITY RELATIONSHIP
Wo W1' Wl W2' W2
Moisture Content - %
Yr, = Maximum dry density
Wo = Optimum moisture content
Relative Compaction = field dry density
maximum dry density
Wl' = Wl - 3% W2' = W2 - 3%
For relative compaction between 80% and 90 %, the
moisture content shall be within the shaded area
corresponding to the field dry density achieved.
FIGURE 5
I
Fioi
ure- densit
curve
/001
I
de
loped by A
M D1557 -70
90% relative
I
compaction
-� - - --
-
I
- - -
-
-
80% relative
compaction
- I---- -
I
-� - --
I I
1 i
=
Wo W1' Wl W2' W2
Moisture Content - %
Yr, = Maximum dry density
Wo = Optimum moisture content
Relative Compaction = field dry density
maximum dry density
Wl' = Wl - 3% W2' = W2 - 3%
For relative compaction between 80% and 90 %, the
moisture content shall be within the shaded area
corresponding to the field dry density achieved.
FIGURE 5
0
0
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SEP 28 1981 September 28, 1981
CITY COUNCIL AGENDA
N
By the CITY COUNCIL ITEM N0. . )C .te.
CITY. OF WPM S ACH
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: UPPER NEWPORT BAY EARLY ACTION PLAN
A. Modified State Grant Contract with the State Water Resources
Control Board
B. Cooperative Agreement with The Irvine Company to provide an
excavation spoil site (Site "A ") on Irvine Company property
C. Upper Newport Bay Early Action Plan (San Diego Creek
Improvements), Contract No. 2276
D. Upper Newport Bay Early Action Plan (Upper Bay
Improvements), Contract No. 2277
RECOMMENDATIONS:
1. Adopt a resolution authorizing the Mayor and the City Clerk
to execute the State Grant Contract.
2. Adopt a resolution authorizing the Mayor and the City Clerk
to execute the Site "A" agreement.
3. Reject all bids for Contract No. 2276.
4. Reject all bids for Contract No. 2277.
DISCUSSION:
I. State Grant Contract
In December 1980, the City applied for a grant from the State
Assistance Program (Clean Water and Water Conservation Bond Law of 1978) to
implement the Upper Newport Bay Early Action Plan. The application was ap-
proved by the State Water Resources Control Board, with funding to come from
two sources: (1) the sale of Clean Water Bonds, and (2) the State Energy
Resource Fund. A contract to combine these two funding sources was prepared;
however, when the bonds were last offered for sale (first week of September,
1981), no acceptable bids were received.
A modified contract has now been prepared to implement a portion
of the Early Action Plan with the State Energy Resource Funds available in the
current State budget. Implementation of the complete Early Action Plan must
be deferred pending availability of additional State funding. At this time,
0 0
September 21, 1981
Subject: Upper Newport Bay Early Action Plan
Page 2
it is the staff's understanding that the Clean Water Bonds will
for sale in the spring of 1982. The Santa Ana Regional Board is
State Board and will manage the modified Grant Contract.
be reoffered
acting for the
A. Eligible Costs (Project costs incurred after July 1, 1981,
are eligible for State participation with
Energy Resource Funds.)
Planning, design, and construction of desilting basins
and appurtenant works within San Diego Creek and the
Upper Bay.
Costs incurred in obtaining necessary permits, licenses,
and environmental documents for work in San Diego Creek
and the Upper Bay.
B. Conditions of Concept Approval
All necessary permits and licenses must be obtained and
the environmental impact report process completed. The
environmental process is complete, and the Department of
Fish and Game, Coastal Zone and State Water Quality per-
mits have been issued. The review period for the Corps
of Engineers permit has been completed and issuance of
the permit is anticipated by early October.
Commitment for ongoing maintenance of the sedimentation
basins within San Diego Creek from the Orange County
Flood Control District, prior to the award of sedimenta-
tion basin contracts. A letter from the County has been
approved by the State Water Resources Control Board.
The City of Newport Beach will agree to become the lead
agency in obtaining commitments from local agencies
within the watershed to implement the best management
practices contained in the 208 Plan for the Newport Bay
watershed when adopted, but no later than March, 1983.
This work will be conducted in conjunction with the
Southern California Association of Governments or their
successors in the 208 Planning Program. The Grant
Contracts will contain a provision in Exhibit C withhold-
ing $20,000 until satisfactory completion of this task.
(This withhold of funds will not apply if the Legislature
eliminates condition 1(b) from the Budget Act Item 394-
101 -190.)
The City of Newport Beach will conduct water conserva-
tion activities as provided in Exhibit C of the Grant
Contract. A letter submitted with the original applica-
tion describing the City's water conservation activities
and ordinances has been approved by the State Board.
September 21, 1981
Subject: Upper Newport Bay Early Action Plan
Page 3
5. The City shall provide a project schedule mutually
acceptable to the City and State Project Manager within
two weeks of execution of this Grant Contract by the
State.
6. The funds expended by the City of Newport Beach toward
this project will be included and applied to the re-
quired matching funds in any future State Assistance
Program grant.
C. Funding
1. Energy Resource Funds $1,304,000
2. Local Portion
a. City of Newport Beach 83,333
b. The Irvine Company 83,333
c. Orange County 83,333
$1,554,000
II. Site "A" Sgoil Area Agreement
On July 27, the City Council approved a three -party agreement with
the Department of Fish and Game and The Irvine Company to provide a dredge spoil
site on Irvine Company property. Since that time, the Department of Fish and
Game has instead entered into a Joint Powers Agreement with the City which pro-
vided for the City to administer the Department of Fish and Game Pilot Marsh
Restoration Project. In order to provide for the Site "A" disposal area, the
original three -party agreement has been modified to eliminate the Department of
Fish and Game. Terms of the agreement are as follows:
A. The Irvine Company
Make site available at no cost to the City for a term of one
year. The term is to begin when possession of the site is
requested, but no later than March 1, 1982.
B. City of Newport Beach
1. Provide The Irvine Company with the grading operation
plans for project.
2. Provide engineering certification that material is
placed in accordance with approved grading operation
plans for the project.
September 28, 1981
Subject: Upper Newport Bay Early Action Plan
Page 4
3. Remove material not placed permanently on the site prior
to termination of the agreement for project.
4. Operate and maintain site in accordance with the require-
ments of all permitting agencies for the project. This
includes responsibility for water quality control and
erosion control.
5. Obtain all permits and approvals for project.
6. Obtain entry permits from The Irvine Company to gain
access to site over adjacent Irvine Company lands for
project.
7. Hold Irvine Company harmless from and against all
claims or damages arising from project.
8. Name The Irvine Company as an additional insured on com-
prehensive general liability insurance during the project.
III. & IV. Upper Newport Ba Earl Action Plan
Contract No. 2276 San Die o Creek and
Contract No. 227 Upper Bay
It is recommended that all bids for both contracts be rejected
due to lack of State funding. When the modified Grant Contract has been exe-
cuted by the State, the plans for the work in San Diego Creek can be modified
to provide for a project within the available funding. That project would be
Phase I of the Upper Newport Bay Early Action Plan, and is to include the drop
structures and weirs in San Diego Creek and the.excavation of the desilting
basin upstream of Campus Drive. When the additional State funds become avail-
able, the remaining excavation in San Diego Creek and the excavation in the
Upper Bay can be completed as Phase II.
The desired project schedule is to award a contract for the
Phase I work after the rainy season, with construction to be completed during
the summer of 1982. Scheduling of the Phase II work would then be contingent
on the availability of the State funding.
,��/ �__ J, )i�4
Benjamin B. Nolan
Public Works Director
JSW:jd
RESOLUTION NO.1 1 0 5 6
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE MAYOR AND THE
CITY CLERK TO EXECUTE AN AGREEMENT WITH THE.
IRVINE COMPANY FOR PLACEMENT OF EXCAVATED
MATERIAL ON "SITE A" IN RELATION TO UPPER
NEWPORT BAY EXCAVATION AND RESCINDING
RESOLUTION NO. 11005.
WHEREAS, the City of Newport Beach (City) plans to
dredge and excavate portions.of Upper Newport Bay and San Diego
Creek above the Bay and requires a convenience to dewater and j
deposit the resulting spoil material; and
WHEREAS, The Irvine Company (TIC) owns a parcel of real
property on the south side of San Diego Creek between Jamboree
Road and MacArthur Boulevard, referred to as "Site A ", within
close proximity to the proposed dredging and excavation
operation; and
WHEREAS, TIC is willing to allow City to use said
property for a specified period of time in conjunction with the
desaltation and restoration project in Upper Newport Bay and San
Diego Creek; and
WHEREAS, "Site A" currently appears on the Newport
Beach General .Plan as a site having a primary use as a public
works reserve and a secondary use.as general industry; and
WHEREAS, City proposes to perform an interim early
action plan to provide sediment control protection for Upper
Newport Bay, which work consists of deepening the San Diego Creek
Channel from MacArthur Boulevard to beyond Campus Drive,
installing drop in a control structure in the channel and
dredging a basin downstream on Jamboree Road.; and
WHEREAS, the use of, the property known as "Site A" is
considered a source of local matching value for a pending grant
under the Clean Water Bond Funds, the value of the use of the
0 0
site for such purposes is agreed to be not less than $1 million
dollars; and
WHEREAS, the City Council previously approved a three
party agreement for the use of "Site A" between the City. of
Newport Beach, California Department of Fish and Game and The
Irvine Company, by Resolution No. 11005, adopted July 27, 1981;
and
WHEREAS, the necessity for said three .party agreement
is no longer evident in that the City and the Department of Fish
and Game have agreed that the City may administer the
Department's project and therefore, said three party agreement
may be rescinded; and
WHEREAS, the City Council has reviewed said Agreement
and finds it to be just and equitable;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Agreement between the City of
Newport Beach and The Irvine Company for placement of excavated
material be and it is hereby approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized to execute said Agreement on behalf of the
City of Newport Beach for the use of "Site A" as a disposal site
for Upper Newport Bay dredging.
BE IT FURTHER RESOLVED that Resolution No. 11005 is
hereby rescinded.
ATTEST:
City Clerk
9/28/81
ADOPTED this _ day of SEP28 1981.
2
Mayor
SEP 1� 1981
By *0 CITY COUNCIL
Clyy OF NAT TEACH
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: UPPER NEWPORT BAY EARLY ACTION PLAN
c -X09
September 14, 1981
CITY COUNCIL AGENDA
ITEM NO. F f �%
A. State Grant Contract with the State Water Resources
Control Board
B. Cooperative Agreement with The Irvine Company to provide
an excavation spoil site (Site "A) on Irvine Company property
RECOMMENDATIONS:
1. Adopt a resolution authorizing the Mayor and the City Clerk
to execute the State Grant Contract.
2. Adopt a resolution authorizing the Mayor and the City Clerk
to execute the site "A" agreement.
DISCUSSION:
I. STATE GRANT CONTRACT
In December 1980, the City applied for a grant from the State
Assistance Program (Clean Water and Water Conservation Bond Law of 1978)
to implement the Upper Newport Bay Early Action Plan. The application was
approved by the State Water Resources Control Board, and funds from the
Clean Water Bond Law and State Energy Resource Fund have been provided in the
current State budget. These two funding sources will be combined in the grant
contract with the State Water Resources Control Board. The Santa Ana Regional
Board is acting for the State Board and will manage the Grant Contract.
Key elements of the contract are as follows:
A. Eligible Costs - Project costs incurred after July 17,
1980 are eligible for State participation.
1. Costs of planning, enviromental documentation, and
design and construction of the desilting basins.
2. Land acquisitions or easements which are dedicated for
public use and contain covenants and /or restrictions
for such use for the protection of Upper Newport Bay.
3. Costs incurred in obtaining necessary permits and
licenses to complete the project.
4. Dredging of silt from Upper Newport Bay
5. Disposal facilities constructed on Site A in conjunction
with the Department of Fish and Game.
September 14, 1981
Subject: Upper Newport Bay Early Action Plan
Page 2
B. Conditions of Concept Approval
1. All necessary permits and licenses must be obtained and
the environmental impact report process completed. The
enviromental process is complete, and the Department of
Fish and Game and Coastal Zone permits have been obtained.
The State Water Quality permit and Corp of Engineers per-
mit cannot be issued prior to the Reginal Water Quality
Control Board public hearing scheduled for September 11,
1981. Discussion with both agencies indicates that the
permits will be issued following the public hearing.
2. Commitment for ongoing maintenance of the sedimentation
basins within San Diego Creek from the Orange County Flood
Control District, prior to the award of sedimentation basin
contracts. A letter from the County has been approved by
the State Water Resources Control Board.
The City of Newport Beach will agree to become the lead
agency in obtaining commitments from local agencies with-
in the watershed to implement the best management practices
contained in the 208 Plan for the Newport Bay Watershed
when adoped but no later than March, 1983. This work will
be conducted in conjunction with the Southern California
Association of Governments or their successors in the 208
Planning Program. The Grant Contracts will contain a pro-
vision in Exhibit C withholding $20,000 until satisfac-
tory completion of this task. (This withhold of funds will
not apply if the Legislature eliminates condition 1(b)
from the Budget Act Item 394 - 101 -190.)
4. Provide a complete and independent appraisal and analysis
of all funds and /or resources which the City is con-
tributing toward the local match of State Assistance
Program funds. A letter report prepared by Williamson
and Schmid Consulting Civil Engineers analyzed project
savings which will be derived from the use of the Site
"A" spoil area. The report has been approved by the
State Board.
5. The City of Newport Beach will conduct water conserva-
tion activities as provided in Exhibit C of the Grant
Contract. A letter submitted with the original application
describing the City's water conservation activities and
ordinances has been approved the the State Board.
6. Project schedule:
1)
Sept
1981
Award Construction Contracts
2)
April
1982
Complete Construction
3)
June
1982
Submit Final Report
4)
July
1982
Final /Audit & Final Billing
u
0
September 14, 1981
Subject: Upper Newport Bay Early Action Plan
Page 3
C. FUNDING
1. Clean Water and Water
Conservation Bond Funds
2. Energy Resource Funds
3. Local Portion
A. City Newport Beach
B. The Irvine Co.
C. Orange County
Total
$1,446,000
$1,304,000
83,333
83,333
83,333
$3,000,000
NOTE:
A $1,000,000 credit to the local portion has been allocated
as a savings to project derived from the use of Site "A"
disposal area.
A budget amendment to provide these funds in the current
budget has been prepared for council approval.
II. SITE "A" SPOIL AREA AGREEMENT
On July 27 the City Council approved a three -party agreement with
the Department of Fish and Game and The Irvine Company to provide a dredge
spoil site on Irvine Company property. Since that time the Department of Fish
and Game has instead entered into a Joint Powers Agreement with the City which
provided for the City to administer the Department of Fish and Game Pilot Marsh
Restoration Project. In order to provide for the Site "A" disposal area the
original three -party agreement has been modified to eliminate the Department
of Fish and Game. Terms of the agreement are as follows:
A. The Irvine Co.
Make site available at no cost to the City for a term of one
year. The term is to begin when possession of the site is
requested, but no later than March 1, 1982.
B. City of Newport Beach
1. Provide The Irvine Company with the grading operation
plans for project.
2. Provide engineering certification that material is
placed in accordance with approved grading operation
plans for the project.
3. Remove material not placed permanently on the site prior
to termination of the agreement for project.
4. Operate and maintain site in accordance with the require-
ments of all permitting agencies for the project. This
includes responsibility for water quality control and
erosion control.
5. Obtain all permits and approvals for project.
s
September 14, 1981
Subject: Upper Newport
Page 4
0
Bay Early Action Plan
0
6. Obtain entry permits from The Irvine Company to gain
access to site over adjacent Irvine Company lands for
project.
7. Hold Irvine Company harmless from and against all claims
or damages arising from project.
8. Name The Irvine Company as an additional insured on com-
prehensive general liability insurance during the project.
The desired project schedule is to award construction contracts for
this work at the September 28 Council meeting, with construction to be
completed in March, 1982.
Very truly yours,
Benjamin B. Nolan
Public Works Department
GW:rb
0
OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
DATE July 30
1981
TO: FINANCE DIRECTOR
PUBLIC NORKS DEPT,
FROM: City Clerk
SUBJECT: Contract No. C -2279
Description of Contract Agreement between the Calif.
Dept. of Fish and Game, the City of Newport Beach and The
Irvine Co, for Placement of Excavated Material.
Effective date of Contract .July 27, 1981.
Authorized by Resolution No. 11005 , adopted on July 27, 1981
Contract with CA Dept of Fish and Game, and The Irvine Cm parry
Adress
Amount of Contract $ See Contract
/s/ Wanda E. Andersen
WANDA E. ANDERSEN
City Clerk
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
5 -81
WJK:wp AGREEMENT BETWEEN THE CALIFO NIA �1 } 1� f !R
A
7/10/81 DEPARTMENT OF FISH AND GAME, THE CITY OF Gi(�j,�
NEWPORT BEACH AND THE IRVINE COMPANY FOR
PLACEMENT OF EXCAVATED MATERIAL
THIS AGREEMENT IS ENTERED INTO THIS day of
1981 between the CALIFORNIA DEPARTMENT OF
FISH AND GAME (hereinafter referred to as "DFG "), the CITY OF
NEWPORT BEACH (hereinafter referred to as "CITY "), and THE IRVINE
COMPANY, a corporation formed and existing pursuant to the laws of
the State of Michigan (hereinafter referred to as "TIC "):
W
I T N E
S S E
T H:
WHEREAS, DFG.and
/or
CITY
plan to dredge and excavate
portions of Upper Newport Bay and San Diego Creek above the Bay, and
require a convenient site to dewater and deposit the resulting spoil
material (hereinafter referred to as "the material "); and
WHEREAS, TIC owns real property on the south side of San
Diego Creek between Jamboree Road and MacArthur Boulevard herein-
after referred to as "Site A," a description of which is attached
hereto and marked Exhibit "A," and a map of which is attached hereto
and marked Exhibit "B," within close proximity of the proposed
dredging and excavation operation, and TIC is willing to allow the
material to be placed upon such property subject to the terms and
conditions contained herein; and
WHEREAS, TIC is willing to allow DFG and /or CITY to use
said property for a specified period of time in conjunction with a
desiltation and restoration project in Upper Newport Bay and San
Diego Creek; and
LA8bl4
• •
WHEREAS, said property currently appears on the Newport
Beach General Plan as having a primary use as a Public Works Reserve
and a secondary use as General Industry; and
WHEREAS, the parties hereto recognize that substantial
portions of Site A are underlain by compressible soils which may
necessitate extraordinary measures to make the entire site suitable
for general industrial development and that this will be taken into
consideration when reviewing the acceptability of the material for
permanent deposition; and
WHEREAS, CITY proposes to perform an interim early action
plan to provide sediment control protection for Upper Newport Bay,
the work consisting of deepening the San Diego Creek channel from
MacArthur Boulevard to beyond Campus Drive, installing drop and
control structures in the channel and dredging a basin downstream of
Jamboree Road, and said project may be the only project performed by
CITY in Upper Newport Bay pursuant to this Agreement; and
WHEREAS, DFG and CITY will both bear the responsibilities
to TIC set forth herein; however, DFG will be the contact party in
this Agreement in the relationship between DFG and CITY on the one
hand and TIC on the other hand; and
WHEREAS, the use of the property shown on Exhibit "A" is
to be considered a source of local matching value for a pending
grant under the Clean Water Bond Funds, the value of the use of the
site for such purposes is agreed to be not less than One Million
Dollars ($1,000,000);
LA8bl5 -2-
• i
NOW, THEREFORE, in consideration of the mutual promises
and covenants hereinafter set forth, DFG, CITY and TIC agree as
follows:
1. Agreement and Contact Party. The terms and conditions
of this Agreement shall bind each party, and DFG shall act as
contact party with TIC during the term hereof. CITY and DEG shall
each be responsible for obtaining any permits required for its
respective activities.
2. Term. The term of this Agreement shall be one (1)
year commencing from the date written notice is delivered to TIC by
the contact party that either DFG or CITY intend to begin use of
Site A. In any event the term shall commence no later than March 1,
1982. TIC will make the site available during the one -year term at
no cost to DFG or the CITY.
3. Deposit of Materials. Subject to the terms and
conditions of this Agreement and the exhibits hereto, TIC will allow
DFG and /or CITY to deposit material from Upper Newport Bay and from
San Diego Creek on Site A in accordance with grading operation plans
as approved by TIC, CITY and DFG.
Prior to placement of any material on Site A, DFG and CITY
will cause a soils report to be prepared regarding the material to
be deposited. TIC shall review and approve or disapprove such
report within thirty (30) days of receipt provided that such
approval shall not be unreasonably withheld.
The material shall be deposited in accordance with the
conditions as shown on Exhibit "C" attached hereto and incorporated
herein.
LA8bl6 -3-
a
0
0
DFG and CITY shall cause a soils engineer acceptable to
TIC to regularly observe the process of material deposition on Site
A in order to insure that all material is deposited in accordance
with Exhibit "C" and all terms and conditions of this Agreement.
The engineer shall be directed by DFG and CITY to notify TIC of any
deviation from the procedure and plan contained in Exhibit "C" or of
any soil deposited which is inconsistent with the soils report. TIC
shall have the right to halt deposition according to paragraph 8 of
the Agreement if any significant deviation or inconsistency occurs.
Any material deposited in a manner inconsistent with
Exhibit "C" or which is inconsistent with the soils report shall be
removed by DFG and CITY prior to the termination date of this
Agreement.
All material permanently placed on Site A shall become the
property of TIC unless required to be removed by the terms of this
Agreement.
CITY and DFG shall provide a bond in an amount and form
acceptable to TIC to insure the removal of any material which must
be removed. For the purpose of establishing limits of the removal
area and grades which exist before placement, the topographic
elevations shown on Exhibit "D" attached hereto shall be used.
DFG and CITY agree to operate and maintain Site A in a
manner acceptable to the parties hereto and in accordance with the
requirements of all permitting agencies during the term of this
Agreement and until all material which must be removed is removed
LA8bl7 -4-
0 0
from Site A. This shall include responsibility for erosion control
and water quality. The maintenance responsibility shall be divided
between DFG and CITY, based on the exposed area covered by deposi-
tions made by the respective agency. Joint deposition projects
shall be jointly maintained.
4. Permits. DFG and /or CITY shall obtain, at no cost to
TIC, all permits and approvals from government or other entities or
individuals required for DFG and /or CITY activities on TIC land.
DFG and CITY shall indemnify and hold TIC harmless for all loss,
cost or damage, including fees for an attorney of TIC's choosing,
resulting from the failure of DFG and /or CITY to obtain any permit
or approval claimed to be required or from any dispute arising with
any entity or individual regarding a permit or approval.
5. Entry Permits. DFG and /or CITY contractors shall
obtain entry permits from TIC in a form acceptable to TIC if they
desire to gain access across adjacent TIC lands to allow placement
or removal of material. The access routes across TIC lands are
subject to approval by TIC and may be changed by TIC to accommodate
TIC use of adjacent properties.
6. Indemnification. DFG and CITY shall indemnify, defend
and hold TIC harmless from and against all claims, demands, damages,
costs and expenses, including fees for an attorney of TIC's own
choosing, arising from DFG's and /or CITY's or their contractors'
operations carried out on Site A including, but not limited to,
claims regarding erosion and water quality.
LA8b18 -5-
0
0
It is mutually understood and agreed that neither CITY
nor any officers or employees thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted
to be done by DFG under or in connection with any work, authority or
jurisdiction not delegated to CITY under this Agreement. It is also
understood and agreed that, pursuant to Government Code Section
895.4, DFG shall fully indemnify and hold CITY harmless from any
liability imposed for injury (as defined by Government Code Section
810.8), occurring by reason of anything done or omitted to be done
by DFG under or in connection with any work, authority or jurisdic-
tion not delegated.to CITY under this Agreement.
It is mutually understood and agreed that neither DFG
nor any officers or employees thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted
to be done by CITY under or in connection with any work, authority
or jurisdiction not delegated to DFG under this Agreement. It is
also understood and agreed that, pursuant to Government Code Section
895.4, CITY shall fully indemnify and hold DFG harmless from any
liability imposed for injury (as defined by Government Code Section
810.8), occurring by reason of anything done or omitted to be done
by CITY under or in connection with any work, authority or jurisdic-
tion not delegated to DFG under this Agreement.
7. Insurance. DEG and CITY agree to obtain and maintain
during the period of this Agreement policies of comprehensive
general liability insurance insuring against loss, damage or lia-
bility for injury to or death of any person, or loss or damage to
LA8b19 -6-
0 0
property arising from the operations of DFG and /or CITY, their
agents, representatives, contractors and subcontractors or employees
on TIC's property and in connection with the movement and deposit of
material called for herein. Such policies shall include automobile
liability, blanket contractual, broad form property damage and
personal injury coverages for not less than One Million Dollars
($1,000,000) combined single limit bodily injury, death and property
damage liability per occurrence. TIC will not be responsible for
any costs of premium or other charges for such insurance. Prior to
entry by DFG and /or CITY or any agent, representative, contractor,
subcontractor or employee of DFG and /or CITY upon TIC's property,
TIC will be furnished with a policy or certificate of insurance with
a provision for thirty (30) days' notice to TIC of cancellation or
material change in the policy.
Such insurance shall name TIC as additional insured,
with the provision that the policies be primary and any insurance
carried by TIC shall be noncontributing with DFG or CITY insurance.
Such policy shall contain a provision that naming an additional
insured shall not negate any right the additional insured would have
had as claimant under policy if not so named.
DFG and /or CITY may, at their option, satisfy all or
a part of the insurance obligations of this Agreement by self-
insurance, provided that such self- insurance shall provide the same
coverage, protection and payments as would be provided if the
insurance contemplated herein were to be obtained.
LA8b20 -7-
0
8. Termination. If DFG, the CITY or any of their con-
tractors shall be in breach of any of their obligations mentioned
herein, DFG and CITY shall cease work on Site A within twenty -four
(24) hours of receipt by the contact party of written notice from
TIC. DFG and CITY shall have thirty (30) days to cure such breach
or the conditions or practices causing breach, and if not so cured,
TIC shall have the right to terminate this Agreement immediately by
written notice to DFG and CITY.
9. Force Majeure. No liability, breach or default shall
result under this Agreement from any inability or delay in perfor-
mance of a party hereto which is caused by conditions or circum-
stances beyond the control of that party, including but not limited
to acts of God, fire, flood, weather, accident, riot, sabotage,
strike, embargo or government action or inaction (hereinafter
referred to as "force majeure conditions "). In the event of such
force majeure condition, that party's performance shall be excused
and suspended for the period of time during which such condition
exists and shall not be revived and required until after that
identical time period has passed following the original date due for
performance. The party whose performance is so affected shall
timely notify the other party receiving such performance of the
nature and reasons for the force majeure condition and shall
promptly notify such other party of the cessation thereof.
10. Binding on Heirs, Successors and Assigns. The terms,
provisions and conditions of this Agreement shall be binding upon
and inure to the benefit of the parties and their heirs, successors,
assigns or transferees.
LABb21 -8-
ment.
0 0
11. Time of Essence. Time is of the essence in this Agree-
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be made and executed the day and year first above
written.
CITY OF NEWPORT BEACH
ayqY
ATTEST:
i
City Clerk
DEPARTMENT OF FISH AND GAME
Lo
COMPANY
UN
LA8b21 -9-
APPROVED AS TO FORM:
Deputy Attorney General
APPROVED AS TO FORM:
Attorney fo U he Irvine Company
ment.
0 0
11. Time of Essence. Time is of the essence in this Agree-
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be made and executed the day and year first above
written.
CITY OF NEWPORT BEACH
/,May
ATTEST:
I J
City Clerk
DEPARTMENT OF FISH AND GAME
0
COMPANY,
V
M
LA8b21 -9-
APPROVED AS TO FORM:
Deputy Attorney Genera
APPROVED AS TO FORM:
Attorney fo U he Irvine Company
• EXHIBIT "A" •
PROPERTY DESCRIPTION FOR DISPOSAL SITE A
That portion of Lot 146, Block 51 and Lot 442, Block 57 of Irvine's
Subdivision, in the city of Newport Beach, county of Orange, state of
Calfiornia, per map recorded in Book 1, page 88 of Miscellaneous Record Maps,
in the office of the County Recorder of said county described as follows:
Beginning at the intersection of the easterly line of Jamboree Road,
132 feet wide, per deed of Street Easement recorded June 6, 1962 in Book 6135
page 155 Official Records in the office of said County Recorder, with the
southerly line of Parcel No. 175 -101 as described in Easement deed recorded
March 11, 1963 in Book 6462 page 165 of said official records; thence along
said easterly line South 60 18' 16" East 79.13 feet to the beginning of a tangent
curve, concave westerly having a radius of 2466.00 feet; thence southerly
630.02 feet
along said
curve
through a
central angle of
140 38'
17"; thence
tangent to
said curve
South
81 20' Ol"
West 373.13 feet;
thence
leaving said
easterly line South 570 51' 57" East 44.19 feet to the beginning of a non -.
tangent curve concave southwesterly having a radius of 862.00 feet, a radial
to said beginning bears North 00 33' 30" East; thence southeasterly along said
curve 686.96 feet
through a
central angle
of 450 39' 41 "; thence tangent to
said curve South
430 46' 49"
East 911.95
feet; thence North 40 00' 00" East
530.67 feet; thence North 140 30' 00" West 950.00 feet; thence North 240 00' 00"
West 490.00 feet; thence North 50 1.,00' 00" West 39.5.42 feet to a point in said
southerly line of parcel F5 -101, being in the arc of a curve concave southerly
having a radius of 3805.00 feet, a radial to said point bears North 90 38" 25"
{Vest; thence westerly along said curve 538.54 feet through a central angle of
81 06' 33" to the point of beginning..
The above described parcel contains 35.84 acres.
OC -NO3- 109 -00
X -512
7/9/81
BOYLE EN�GIINEEEERING CORPORATION
Keith F. Bush, L.S. 4406
0 0
C /TY OF NEIYPDRT BEACH
51(Z:-7C11 Ta,4CC01W1`1::WNr
FOY P151':0:'S4 Z S1 Te- A
DESIGN r- — —
EL 1W ff" Sm4e Er M cofrxxz*jon
rk.wN—� 'UAW. consultinQ anal"oe's I aCCnItYCtf
MAL
FCµEo u- M1471761
X -6-14E,
N. T.S.
SHEET NO
a
I
II
• EXhIBIT C •
MOOR E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS
REQUIRE14ENTS FOR PLACEMENT OF FILL
Purpose
The following sets forth the requirements for the placement of
permanent fill.
Site Preparaton
All site clean -up and mechanical grading will be subject to observa-
tion and testing by a representative of the project geotechnical
engineer and must conform to the following requirements and those of
the appropriate governing agencies.
A. A pre - grading meeting attended by representatives of the grading
contractor, Moore & Taber, City of Newport Beach, Boyle Engineering
Corporation, and The Irvine Company is required to ensure proper
coordination and understanding of the necessary site grading.
B. All existing vegetation, trash, debris or surface obstructions
should be removed and disposed off -site. Any existing subsurface
structures within areas to be filled should be removed, realigned,
destroyed or abandoned in compliance with specifications of the
appropriate governmental agency and requirements of the geotechnical
engineer.
C. All existing uncompacted fill must be excavated. The material
may be replaced as properly compacted fill, if free of all
deleterious matter and approved by the geotechnical engineer.
0
9
M O O R E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS
III. Fill Material
A. All fill must consist of earth material free of trash, debris
or significant concentrations of vegetation. The maximum density,
optimum moisture content, and moisture- density relationship of
mechanically compacted fill material shall be determined in
accordance with ASTM Test Method D1557 -70.
B. If fill is placed hydraulically, the following conditions must
be satisfied:
1. Construction of dikes
a. The clean natural ground surface beneath the dikes must
be scarified, brought to about optimum moisture content,
and compacted to at least 90% relative compaction for a
depth of eight inches.
b. Fill material for dikes shall be generated from on -site
soil. The material shall be excavated uniformly from
the surface to avoid creation of pits.
c. Embankment fill shall be spread in 6- to 8 -inch lifts;
watered to approximately optimum moisture content, and
compacted to at least 90,0 of maximum density.
d. Embankment side slopes shall not be constructed at a
gradient steeper than two horizontal to one vertical.
0
M O O R E F TA 6 E R CONSULTING ENGINEERS AND GEOLOGISTS
2. Tile clean natural ground surface shall be scarified,
watered to about optimum moisture content, and compacted
to at least 90" of maximum density to a depth of eight
inches in all areas where less than one foot of the native
surficial soils are excavated.
3. Horizontal drainage shall be established beneath areas to
receive hydraulic fill as described in Section IV.A.
(see Figure 1) or Section IV.B. (see Figure 2).
4. Dredge discharge must be kept within the established spoil
delta to minimize disturbance to the base drainage layer.
5. Where the stabilized (normally consolidated) thickness of
hydraulic fil5 will exceed six feet (approximately initial
thickness of ten feet), one of the following alternatives
must be utilized.
a. Establish intermediate horizontal drainage layers
consistent with Section N.A. (see Figure 3); or
b. Install vertical drains, e.g. Alidrains, Bando
Drainage Wicks, Castle Drain Boards or Mebra- Drain,
at horizontal spacings of six (6) feet for a total
stabilized fill thickness between 6 and 9 feet and
at a spacing of five (5) feet for a fill thickness
greater than 9 feet (see Figure 4).
C. If fill is placed mechanically, the following conditions must be
satisfied.
M O O R E S. TA B E R CONSULTING ENGINEERS AND GEOLOGISTS
1. The clean natural ground surface must be scarified,
watered to optimum moisture content, and compacted to
at least 90% relative compaction for a depth of eight
inches.
2. horizontal drainage shall be established beneath areas to
receive fill as described in Section IV.A. (see Figure 1)
or Section U.B. (see Figure 2).
3. Five (5) settlement platforms shall be installed at locations
indicated by the project geotechnical engineer. Extreme care
must be exercised during grading to prevent any damage to
the settlement platform rods.
4. Fill shall be spread in thin lifts not exceeding eight inches
in thickness and dried just sufficiently to permit compaction
to at least 80% of maximum density. The determination of the
required moisture content shall be based on the compacted
field dry density achieved and the moisture- density curve
developed by ASTM Test Method D1557 -70 for the specific soil
type. This requisite field moisture content shall be no less
than 3% below the value indicated by the moisture- density
curve for.the field dry density achieved (see Figure 5).
5. Intermediate horizontal drainage layers consistent with
Section IV.A. (see Figure 3) shall be provided at intervals
of 10 feet.
0
0
M O O R E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS
IV. Site Subdrainage
Sufficient horizontal drainage must be provided to aid in the even-
tual consolidation of either hydraulically or mechanically placed
fill. Intermediate drainage layers shall conform to Item A below.
The base drainage layer may consist of either system (Item A or B)
noted below.
A. A continuous sand blanket having a minimum thickness of one
foot shall be placed in areas to receive fine - grained fill.
This blanket may consist of the uppermost granular sediments
located within the San Diego Creek Channel or proposed Upper
Newport Bay Basin. Four -inch diameter perforated plastic
drain pipes wrapped with non -woven filter fabric (EOS 100 or
finer) shall be placed in the sand blanket at intervals not
exceeding 300 feet. The pipes shall be connected at their
northerly terminus to a similarly wrapped perforated pipe which
shall discharge into San Diego Creek Channel. The drain pipes
shall be placed subsequent to the placement of the sand blanket.
B. The native surface sediments presently located on Site A may
be used as the drainage medium provided drainage pipes as
described in Section IV.A. are placed at least two feet below
grade and are spaced at intervals not exceeding 100 feet.
Ll
0
M O O R E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS
SCHEiIATIC REPRESENTATION OF HORIZONTAL
BASE DRAINAGE
4 -inch perforated plastic pipe wrapped in non-
woven filter fabric (placed with perforations dorm)
Sand Blanket
300' max
Native Ground Surface
24" min.
100' max.
12" min.
Native Ground
FIGURE 1
4 -inch perforated
plastic pipe
wrapped in non-
woven filter
fabric (placed
with perforations
down)
FIGURE 2
0
M O O R E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS
INTERMEDIATE HORIZONTAL DRAINAGE
Fill
12" min. Sand Blanket
300' max.
H Fill
12" min. Sand Blanket
H Fill Z4-�ncherforated plastic
pipe ;Nrapped in non -woven
fabric (placed with
perforations down),
Base drainage per Figure 1 or Figure 2
Fill H(Stabilized)
Hydraulic 6 feet
Mechanical 10 feet
FIGURE 3
Vert
dra
0 0
M O O R E & TA B E R CONSULTING ENGINEERS AND GEOLOGISTS
VERTICAL DRAINAGE IN HYDRAULIC FILL
Final grade
base drainage per Figure 1 or Figure 2
Vertical drains to extend into base drainage
layer and above final grade
U
R
101
- SECTION -
- PLAN -
o..— Vertical
drains
0
H S
<6 feet Not required
6 -9 feet 6 feet
>9 feet 5 feet
FIGURE 4
ical
ins
S
H
i
base drainage per Figure 1 or Figure 2
Vertical drains to extend into base drainage
layer and above final grade
U
R
101
- SECTION -
- PLAN -
o..— Vertical
drains
0
H S
<6 feet Not required
6 -9 feet 6 feet
>9 feet 5 feet
FIGURE 4
Ym
Yl
Y2
COMPACTED MOISTURE-
DENSITY RELATIONSHIP
Wo Wl' WI WZ' Wp
Moisture Content - %
Yr, = Maximum dry density
Wo = Optimum moisture content
Relative Compaction = field dry density
maximum dry density
Wl' = Wl - 3% Wz' = 4J2 - 3%
For relative compaction between 80% and 90 %, the
moisture content shall be within the shaded area
corresponding to the field dry density achieved.
FIGURE 5
Moi
ture- densit
curve
I
J
de
eloped by A
M D1557 -70
90% relative
I
compaction
-. _: _
....
80% relativ
-
I I
I
I
Wo Wl' WI WZ' Wp
Moisture Content - %
Yr, = Maximum dry density
Wo = Optimum moisture content
Relative Compaction = field dry density
maximum dry density
Wl' = Wl - 3% Wz' = 4J2 - 3%
For relative compaction between 80% and 90 %, the
moisture content shall be within the shaded area
corresponding to the field dry density achieved.
FIGURE 5
Ll — 9� 7J
• TO: CITY COUNCIL
FROM: Public Works Department
0
July 27, 1981
CITY COUNCIL AGENDA
ITEM NO. F-2-rd)
SUBJECT: UPPER NEWPORT BAY EARLY ACTION PLAN -- COOPERATIVE AGREEMENT WITH
THE CALIFORNIA DEPARTMENT OF FISH AND GAME AND THE IRVINE COMPANY
TO PROVIDE A DREDGE SPOIL SITE ON IRVINE COMPANY PROPERTY
RECOMMENDATION:
Adopt a resolution authorizing the Mayor and the City Clerk to exe-
cute the agreement.
DISCUSSION:
The City's application for State of California Clean Water Bond Funds
to implement the Upper Newport Bay Early Action Plan provided for the use of
• Irvine Company property for a dredge spoil site. The subject agreement pro-
vides for the use of a site bounded by San Diego Creek, Jamboree Road, and the
extension of Eastbluff Drive. The site contains 35.84 acres and is referred
to as Site "A." A location sketch is attached for reference.
The California Department of Fish and Game has a project to dredge
in the Upper Bay in conjunction with the City's Early Action Plan. They pro-
pose to also use Site "A" as a dredge spoil site. In order to coordinate use
of the site, a three -party agreement has been negotiated. Terms of the agree-
ment are as follows:
A. The Irvine Co.
Make site available at no cost to the City and the California
Department of Fish and Game for a term of one year. The term
is to begin when possession of the site is requested, but no
later than March 1, 1982.
B. California Department of Fish and Game
Act as contact party with The Irvine Company.
• C. California Department of Fish and Game and City
1. Provide The Irvine Company with the grading operation plans
for the respective projects.
2. Provide engineering certification that material is placed
in accordance with approved grading operation plans for
respective projects.
July 27,
Subject:
Page 2
•
•
1]
0
1981
Upper Newport Bay Early Action Plan -- Cooperative Agreement
3. Remove material not placed permanently on the site prior
to termination of the agreement for respective projects.
4. Operate and maintain site in accordance with the requirements
of all permitting agencies for the respective projects.
This includes responsibility for water quality control and
erosion control.
5. Obtain all permits and approvals for respective projects.
6. Obtain entry permits from The Irvine Company to gain access
to site over adjacent Irvine Company lands for respective
projects.
7. Hold Irvine Company harmless from and against all claims
or damages arising from the respective projects.
8. Name The Irvine Company as an additional insured on com-
prehensive general liability insurance during the respec-
tive projects.
The desired project schedule is to award a contract in September 1981,
with construction completed in.March 1982. Because of the extensive permit
process required, it will be difficult to meet this schedule. However, every
effort is being made to complete the design and permit processes as rapidly as
possible.
Benjamin B. Nolan
Public Works Director
JW:jd
Att.
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RESOLUTION NO.
6 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND THE
CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT
BETWEEN THE CALIFORNIA DEPARTMENT OF FISH AND
GAME, THE CITY OF NEWPORT BEACH AND THE IRVINE
COMPANY FOR PLACEMENT OF EXCAVATED MATERIAL ON
"SITE A" IN RELATION TO UPPER NEWPORT BAY
DREDGING
WHEREAS, the California Department of Fish and Game
(DFG) and the City of Newport Beach (City) plan to dredge and
excavate portions of Upper Newport Bay and San Diego Creek above
the Bay and both require a convenience to dewater and deposit the
resulting spoil material; and
WHEREAS, The Irvine Company (TIC) owns a parcel of real
property on the South side of San Diego Creek between Jamboree
Road and MacArthur Boulevard, referred to as "Site A ", within
close proximity of the proposed dredging and excavation
operation; and
WHEREAS, TIC is willing to allow DFG and /or City to use
said property for a specified period of time in conjunction with
the desaltation and restoration project in Upper Newport Bay and
San Diego Creek; and
WHEREAS, "Site A" currently appears on the Newport Beach
General Plan as a site having a primary use as a public works
reserve and a secondary use as general industry; and
WHEREAS, City proposes to perform and interim early
action plan to provide sediment control protection for Upper
Newport Bay, which work consist of deeping the San Diego Creek
Channel from MacArthur Boulevard to beyond Campus Drive,.
installing drop in a control structure in the channel and
dredging a basin down stream in Jamboree Road; and
WHEREAS, the use of the property known as "Site A" is
considered a source of local matching value for a pending grant
1 y
under the clean water bond funds, the value of the use of the
site for such purposes is agreed not to be less than one million
dollars; and
WHEREAS, the City Council has reviewed said agreement
and finds it to be just and equitable;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the agreement between the
California Department of Fish and Game, the City of Newport Beach
and The Irvine Company for placement of excavated material be and
it is hereby approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
hereby authorized to execute said agreement on behalf of the City
of Newport Beach for the use of "Site A" as a disposal site for
Upper Newport Bay dredging.
ADOPTED this 27th day of July, 1981.
Mayor
ATTEST;
City Clerk
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7/22/81
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