HomeMy WebLinkAboutC-2441(F) - Upper Newport Bay Sediment & Restoration Project, Unit I, Amendment to Contract 2441 EW)
August 11, 1986
BY THL i:si si_.;,INCi
ICITY COUNCIL AGENDA
CITY OF NEWPORT 6EA EM N0. F -14
• 70: CITY COUNCIL AUG 11 1986 2 51161)
FROM: Public Works Department APPROVED
SUBJECT: SAN DIEGO CREEK SEDIMENT MONITORING PROGRAM COOPERATIVE AGREEMENT
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute the subject
agreement.
DISCUSSION:
On May 13, 1985, the City Council approved an agreement to implement
the San Diego Creek Sediment Monitoring Program. The State Department of Fish
and Game (DFG) has now requested separate agreements for the Sediment Monitoring
Program. DFG and the County of Orange will enter into a separate agreement to
implement a sediment monitoring program in the bay. The subject agreement pro-
vides for a sediment monitoring program in San Diego Creek to be administered by
• the County of Orange and funded equally by the local parties.
Terms of the agreement provide for the following:
A. Parties to Agreement
1. County of Orange
2. City of Tustin
3. City of Irvine
4. City of Newport Beach
5. The Irvine company
B. Terms of Agreement
1. Lead Agency - County of Orange
2. Term - July 1, 1985 through June 30, 1990
3. Annual Cost
a. 1986 -87 $52,000
b. Subsequent years Consumer price index
$41,000 plus amount remaining
from previous years
• c. Equal Shares $10,400 first year
Funding for the City's portion of the program has been provided in the
1986 -87 budget. Funding in subsequent years will require City Council approval
of those annual budgets.
Benjamin B. Nolan
Public Works Director
JW:jd
•
I ? —AUNTY OF
s 3 RANGE
ENVIRONMENTAL MANAGEMENT AGENCY
REGULATION
February 13, 1987
Mr. John Wolter
City of Newport Beach
3300 Newport Blvd.
P. O. Box 1768
Newport Beach, CA 92658 -8915
Subject: Newport Bay Sediment Monitoring Agreement
Dear John:
FILE
Recently an executed original was transmitted to your office for your files.
Please attach the enclosed minutes from the Cities of Irvine and Newport Beach
documenting their approval of the agreement to this copy.
Very truly yours,
foe- W. L. Zaun, Director of Regulation
T
FyJd Abe-AmManager
Development Services Division
FGM :pr
Attachment
y
1
n
°+G
MURRAY STORM
Director, EMA
W. L. ZAUN
�T R t Di ctor of Regulation
/
location'.
IR
Civic Center Plaza
Santa Ana, CA
\—
L-,��Santa
Mailing Address:
P.O. Box 4048
Ana, CA 92702 -4048
Telephone:
(714) 834 -2626
FILE
Recently an executed original was transmitted to your office for your files.
Please attach the enclosed minutes from the Cities of Irvine and Newport Beach
documenting their approval of the agreement to this copy.
Very truly yours,
foe- W. L. Zaun, Director of Regulation
T
FyJd Abe-AmManager
Development Services Division
FGM :pr
Attachment
•
E X C E R P T
THE MINUTES OF A REGULAR MEETING
JULY 8, 1986
A Regular Meeting of the Irivine City Council was called to order
at 6:36 p.m., in the Irvine City Council Chambers, Civic Center,
17200 Jamboree Boulevard, Irvine, California, Mayor David Baker
presiding.
PRESENT: 5 COUNCILMEMBERS: Agran, Baker, Catalano,
Dornan and Miller
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager William Woollett, Jr; City Attorney
Roger Grable; and City Clerk Nancy C. Lacey.
It was moved by Mayor Agran, Seconded by Councilman Baker to
approve Consent Calendar Items No. 1 through 16 -B.
The Motion carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Baker, CAtalano, Dornan,
Miller and Agran
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
14. NEWPORT BAY SEDIMENT CONTROL: SEDIMENT MONITORING PROGRAM,
APPROVE COOPERATIVE AGREEMENT
14.1 Authorized the Mayor to sign and the City Clerk to
attest the agreement with the City of Newport Beach,
the City of Tustin, the County of Orange, and The
Irvine Company for the period July 1, 1985 through
June 30, 1990, subject to approval by the City Attorney.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF IRVINE )
I, NANCY C. LACEY, City Clerk of the City of Irvine, DO HEREBY
CERTIFY that the foregoing is a true and correct excerpt from
the Minutes of the Regular Meeting of the Irvine City Council
held on the 8th day of July, 1986.x�__""�,�
�2e �/
Dated: August 21, 1986 Y �
rNANCY C. LACEY, City Clerk
• Cooperative Agreement
San Diego Creek Sediment Monitoring Program
THIS AGREEMENT is made and entered into this ot�2
day of , 1986, by and between the City of Irvine, the City
of Newport Beach, the City of Tustin, the County of Orange, and The
Irvine Company.
W I T N E S S E T H
WHEREAS, 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
Storm Water Sedimentation Control Plan for the San Diego Creek
basin; and,
WHEREAS, an element of the Plah is to perform sediment
monitoring within the San Diego Creek watershed and Newport Bay;
and,
WHEREAS, all the parties hereto have previously entered into
a Cooperative Agreement for the purpose of providing a forum to
evaluate and assess progress toward implementing the Comprehensive
Plan, to formulate project implementing agreements for the elements
of the Plan, and to evaluate and assess the effectiveness of the
various elements of the Plan; and,
WHEREAS, the Cities of Irvine and Newport Beach and The Irvine
Company have funded a sediment monitoring program conducted by the
U. S. Geological Survey from September, 1982 through September, 1984;
and,
- 1 -
0 0
-2-
WHEREAS, the County of Orange is presently engaged in sediment
and water quality sampling and monitoring within the San Diego Creek
watershed and Newport Bay:
NOW, THEREFORE, in consideration of the foregoing, the parties
hereto agree as follows:
Section 1. PURPOSE. This Agreement is entered into for the purpose
of implementing a comprehensive sediment monitoring program for the
San Diego Creek watershed and Newport Bay, assigning responsibilities
for various portions of the program and providing for funding of the
program.
Section 2. TERM. The term of this Agreement shall extend from
July 1, 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,
collect funds from the other parties, prepare annual budgets, and
perform other administrative functions necessary to carry out the
intent of this Agreement.
A
Section 4. MONITORING PROGRAM DESCRIPTION. The monitoring program
shall be described in Exhibit "A" which is attached hereto and made
a part hereof.
An annual report presenting the data and findings obtained
during the previous July 1 to June 30 period shall be completed and
submitted to each of the parties by December 31st.
Section 5. FUNDING. Exhibit "A" attached allocates the costs of
- 3 -
the various elements of the program. The elements which have been
a part of the County's stream flow measurement and water quality
program will continue to be funded by the County of Orange. The
basin surveys and topographic mapping that are planned within the
State -owned reserve portion of Upper Newport Bay will be funded by
the Department of Fish and Game. The cost of collecting or of
developing watershed documentation information that may augment the
program shall be absorbed by each of the parties that collects or
developes the information. The remaining elements of the program,
as indicated in Exhibit "A ", shall be shared equally among all
parties to this Agreement.
Section 6. COSTS. The total annual cost of the portion of the
program funded by the parties to this Agreement, excepting the
portions funded solely by the County of Orange or the Department
of Fish and Game, shall not exceed $52,000 for the 1986 -87 fiscal
year.: In subsequent years the annual cost shall not exceed $41,000
plus a percentage equal to the change in the Consumer's Price
Index for'the Los Angeles /Orange County metropolitan area for the
immediately preceding twelve month period. The annual amount may
be further increased by the amount that $41,000 exceeds actual
expenditures in the previous year.
The County of Orange shall be entitled to charge to
,
4 -
the program all costs for direct labor, materials, equipment, and
outside contract services plus an overhead charge calculated by the
County Auditor Controller which includes Environmental Management
Agency overhead and county -wide cost allocation plan.
Section 7. PAYMENT. The County of Orange shall submit a budget for
the following fiscal year to each of the parties by March 1st of each
year. The budget shall include an explanation of any recommended
program changes, an estimate of all planned expenditures, increases
due to a change in the Consumer's Price Index, and the estimated
amount of budgeted but unexpended funds. The budget shall include an
estimate of the payment required from each party for the following
fiscal year.
The Cities of'Irvine, Newport Beach, and Tustin, and The
Irvine Company shall make payments of their portions of the program
costs to the County of Orange by September 30th of each year.
By September 1st of each year, the County of Orange
shall" submit to each party an accounting of actual expenditures
for the previous fiscal year ending June 30th.
Section 8. AMENDMENT. This Agreement may be amended with unanimous
approval of the parties.
Section 9. LIABILITY. It is mutually understood and agreed that
merely by virtue of entering into this Agreement each party neither
relinquishes liability for its own actions nor assumes liability
for the actions of other parties. It is the intent of the parties
that liability of each party shall remain the same, while this
Agreement is in force, as it was before this Agreement was made.
Section 10. TERMINATION
0
- 5 -
Any party wishing to terminate its partici-
pation 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 obli-
gations hereunder to the extent incurred and agreed to by the party
prior to the effective date of termination. The balance of the parties
may continue in the performance of the terms and conditions of this
Agreement on the basis of a revised allocation of costs as mutually
agreed to by the remaining parties. In the event no agreement is
reached regarding the revised allocation of costs, then this agreement
shall terminate on June 30th following such notice of termination.
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: i(- I S
1986 By
Chairman of their Board of
Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS' - DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
Clerk of the Board of Supervisors
of Orange County, California
Dated: <<' C 1986
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By /
i�
J
CITY OF IRVINE
Dated: 1986
ATTEST:
city C1, PK
CITY OF NEWPORT BEACH
Dated: l%2` -$0/1 , 1986
6 -
(rL ( k�L'
City A torney of Newport Beach
CITY OF TUUSjjTIN
Dated: 1986 By Z,
Ma or
ATTEST:
APPROVED AS TO,,�FORM:
CityA
AtUrlfrey o
•
W, T�3-
EXHIBIT A
SEDIMEW MONITORING PEOGRAM
•
To obtain information necessary to evaluate:
1. The effectiveness of in- channel facilities.
2. The effectiveness of in -Bay facilities.
3. The transport of sediments to the Lower Bay /Ocean.
4. The impacts of physical changes in the watershed.
WORK PROGRAM
The local sediment monitoring program will build on ongoing local activities and
will consist of three major elements:
Upstream Element — Includes those activities performed in the watershed upstream of
Jamboree Bridge.
a. Scour Study — Following the conclusion of the storm season, the County Surveyor
conducts a scour study of lower San Diego Creek and Peters Canyon Wash to
determine the changes in channel profile stemming from erosion or sediment
deposition. This annual survey will continue to be funded by the County and
the results will be included in the annual report.
Additional scour studies will be performed if storm conditions or sediment
removal activities dictate. These additional activities will be funded by the
local participants on a time and material basis.
The local participants will also fund the collection of sediment samples from
the scour study zone. These will be analyzed for particle size and will be
used in bed load calculations.
b. Sediment Monitoring - The County monitors streamflow at Barranca Road on
Peter's Canyon Wash and at Culver Drive and Campus Drive on San Diego Creek.
These stations will continue to be funded by the County and the results will be
included in the annual report.
Suspended sediment samples will be collected throughout the year at three
hydrographic stations with special emphasis on storm runoff. During storms,
samples will be taken from each station every 1 to 131 hours, day and night,
until low -flow conditions return to the watershed. The samples will be
analyzed for sediment concentration and particle size. These activities will
be funded by local participants on a time and materials basis. Sane special
equipment will be purchased for this part of the program.
c. Channel Erosion Study - The County in cooperation with USGS has funded a study
by UCLA in the San Diego Creek watershed in support of the sediment study. The
UCLA work involves documenting changes in the watershed and re- surveying a
number of established channel cross - sections. This remains as an element of
the sediment study and will be funded by the local participants.
0
Exhibit A
Page 2
d. Participant Watershed Documentation Exchange - All local participants prepare
documents describing changes in the watershed and /or stream system and engage
consultants to develop information on the watershed. For example, TIC
periodically prepares aerial photographs which include the San Diego Creek
watershed. Participants will make this information available at no cost to the
study.
e. Update of Boyle Sediment Yield Model. The information developed in a- thru -d
will be utilized in updating the sediment yield model.
In- Reserve Element - This includes those activities performed within the boundaries
of the state ecological reserve.
a. Survey of Unit I Sediment Basin - This survey will document the accumulation of
sediment in the newly -built Unit I basin. Sediment samples will also be
collected and submitted to the County for particle size analysis. The
frequency of these activities will be based on the judgement of DF&G staff
(generally after each significant storm season). The surveys will be funded by
DF &G.
Sediment removal from the construction of the Unit II basin will also be
documented.
b. Topographic Survey of Reserve - A topographic survey of the Ecological Reserve
will be conducted by the Department of Fish and Game following each major storm
season which results in a substantial physical alteration of the Bay. In
addition, sediment samples will be collected for particle size analysis by the
County.
Lower Bay Area Element - A program will be implemented to determine current
velocitie EM directions, suspended solids (including particle size
distributions), water temperature and electrical conductivity under storm
condition. °Bottom sediment samples will also be collected and analyzed for
particle size. This information will document sediment transport characteristics
through the Lacer Bay and will be based on the existing County monitoring program.
Field measurements will be limited to two or three major storm events each season.
This element will be funded by the participants on a time and material basis.
ANNUAL REPORT - A report presenting the data and findings obtained during the
previous July 1 to June 30 period will be completed by December 31 of each year.
FUNDING AND IMPLEMENTATION
Funding responsibilities will be allocated as indicated in Table 1. Ongoing
activities are indicated by an "X". Only those costs incurred over and above
ongoing activities are specified. Also, cost estimates provided are intentionally
pessimistic (i.e., high) and are subject to revision.
Table 2 indicates which agencies will perform or oversee the various activities.
In most instances, sediment monitoring would consist of modification of ongoing
activities resulting in minimal additional cost to the participants.
CC:dasRD -08 -4
6155
Exhibit A
Page 3
TABLE 1: Funding Allocations
Program Element County
Participants*
Shared Costs
Upstream Element
a. Scour Study
1. Survey
X
2. Sediment sample
analysis
1,500
3. Additional surveys
(4,000)* * **
b. Sediment Monitoring
1. San Diego Creek at Campus Drive
i. Streamflow monitoring
X
ii. Suspended sediment sampling
& water temp. measurement
3,000
iii. Sediment sample analysis
5,000
2. Peters Canyon Wash at Barranca
i. Streamflow monitoring
X
ii. Suspended sediment sampling
& water temp. measurement
3,000
iii. Sediment sample analysis
5,000
3. San Diego Creek at Culver
i. Streamflow monitoring
X
ii.; Suspended sediment sampling
& water temp. measurement
3,000
iii...Sediment sample analysis
5,000
c. Channel Erosion Study
7,000
d. Watershed Documentation
X
X
e. Update of Boyle Model
In- Feserve Element
a. Unit I Survey
1. Survey
2. Sediment sample
X
analysis
b. 4bpographic Survey
1. Survey
2. Sediment sample
X
analysis
X
X
X
X
X
Exhibit A
Page 4
TABLE 1: Funding Allocations
Participants*
ram Element County Shared Costs State
Lower Bay Area Element 1,500
Annual Report 2,000
TOTAL ** 41,000
1986 -87 Equipment Cost 11,000
GRAND TOTAL 52,000
a
Y
* Local participants include County, TIC, Irvine, Tustin and Newport Beach.
** Assumming twelve storm events /year.
* ** Not an annual activity.
** Additional surveys will only be performed under special circumstances (see text) .
i
i
Exhibit A
Page 5
Element
Upstream Element
a. Scour Study
b. Sediment Monitoring
c. Channel Erosion Study
d. Watershed Documentation
e. Update of Boyle Model
In- Reserve Element
a. Unit I Survey
1. Survey
2. Sediment sample
collection & analysis
b. Topographic Study
1. Survey
2. Sediment sample
collection & analysis
Lower Bay Area Element
Annual Report
YWC:dasRD -08 -2
.t 54
TABLE 2: Implementation
x
x
x
x
x
x
x
x
rd
x
x
I
TO: CITY CLERK
FROM
SUBJECT
Public Works Department
0
August 29, 1986
SAN DIEGO CREEK SEDIMENT MONITORING PROGRAM, COOPERATIVE AGREEMENT
Attached are five copies of the subject agreement. Please have
executed on behalf of the City and return to this department for further
processing.
)perative Wolter
Projects
JW:em
Att
Engineer
4.i
•
0
TO: CITY COUNCIL
FROM: Public Works Department
0
GY T? ^- QT'i C ONCiL
CITY OF §Ei N",JRT BEACH
MAY 13 19-35
APPROVED
May 13, 1985
CITY COUNCIL AGENDA
ITEM NO. F -3(b)
SUBJECT: SAN DIEGO CREEK SEDIMENT MONITORING PROGRAM COOPERATIVE AGREEMENT
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute the subject
agreement.
DISCUSSION:
On September 30, 1983, the City entered into the Upper Newport Bay
Cooperative Agreement with the State Department of Fish an&Gama, the County of
Orange, the City of Tustin, the City of Irvine and The Irvine Company for the
purpose of implementing the Upper Newport Bay San Diego Creek Sediment Control
plan. One element of the plan was to perform sediment monitoring in San Diego
Creek and Upper Newport Bay in order to monitor and evaluate the effectiveness
of the Sedimentation Basins. For the past three years, the sediment monitoring
has been performed by the United States Geological Survey (USGS) under a program
financed by the USGS ($41,300), City of Irvine, ($12,390), City of Newport Beach
($12,390) and The Irvine Company ($16,520). This agreement provides for the
sediment monitoring to be performed by the County of Orange under a program
financed by the County of Orange ($6,000), the City of Tustin ($6,000), the City
of Irvine ($6,000), the City of Newport Beach ($6,000) and The Irvine Company
($6,000). Terms of the agreement provide for the following:
A. Parties to Agreement
1. State Department of Fish and Game
2. County of Orange
3. City of Tustin
4. City of Irvine
5. City of Newport Beach
6. The Irvine Company
B. Sediment Monitoring Upper Newport Bay
Surveys and topographic mapping that are planned within State -
owned reserve portions of Upper Bay will be funded by the State
Department of Fish and Game.
May 13, 1985
Subject: San Diego Creek Sediment Monitoring Program Cooperative Agreement
Page 2
C. Sediment Monitoring San Diego Creek and Lower Bay
• 1. Lead Agency - County of Orange
2. Term - July 1, 1985 through June 30, 1990
3. Annual Cost
a. 1985 -86 $30,000.00
b. Subsequent years $30,000.00 + Consumer price index
+ Amount remaining from
previous years
c. Equal Shares $ 6,000.00 per year
(excluding DFG)
Funding for the City's portion of the program has been provided in the
proposed 1985 -86 budget. Funding in subsequent years will require City Council
approval of those annual budgets.
• � �• iGN"m„L
Benjamin B. Nolan
Public Works Director
JW:kf
Cooperative Agreement
San Diego Creek Sediment Monitoring Program
THIS AGREEMENT is made and entered into this
day of , 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
into a cooperative agreement with the Sout IF
Association of Governments for the develol I
Storm Water Sedimentation Control Plan fox
basin; and,
WHEREAS, an element of the Plan is tc
monitoring within the San Diego Creek wate ..— r f,
and,
WHEREAS, all the parties hereto have previously entered into
a Cooperative Agreement for the purpose of providing a forum•to
evaluate and assess progress toward implementing the Comprehensive
Plan, to formulate project implementing agreements for the elements
of the Plan, and to evaluate and assess the effectiveness of the
various elements of the Plan; and,
WHEREAS, the Cities of Irvine and Newport Beach and The Irvine
Company have funded a sediment monitoring program conducted by the
U. S. Geological Survey from September, 1982 through September, 1984;
and,
- 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, THEREFORE, in consideration of the foregoing, the
parties hereto agree as follows:
Section 1. PURPOSE. This Agreement is entered into for the
purpose of implementing a comprehensive sediment monitoring
program for the San Diego Creek watershed and Newport Bay,
assigning responsibilities for various portions of the program
and providing for funding of the program.
Section 2. TERM. The term of this Agreement shall extend from
July 1, 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.
s
- 3 -
Section 4. MONITORING PROGRAM DESCRIPTION
0
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
quality program will continue to be funded by the County of Orange.
The basin surveys and topographic mapping that are planned within
the State -owned reserve portion of Upper Newport Bay will be
funded by the Department of Fish and Game. The cost of collecting
or of developing watershed documentation information that may
augment the program shall be absorbed by each of the parties that
collects or develops the information. The remaining elements of
the program, as indicated in Exhibit "A ", shall be shared equally
among all parties to this Agreement except the Department of Fish
and Game.
Section 6. COSTS. The total annual cost of the portion of the
program funded by the parties to this Agreement, excepting the
portions funded solely by the County of Orange or the Department
of Fish and Game, shall not exceed $30,000 for the 1985 -86 fiscal
- 4 -
year. In subsequent years the annual cost shall not exceed
$30,000 plus a percentage increase equal to the change in the
Consumer's Price Index for the Los Angeles /Orange County metropolitan
area for the immediately preceding twelve month period. The annual
amount may be further increased by the amount 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 following fiscal year to each of the parties by March 1st
of each year. The budget-shall include an explanation of any
recommended program changes, an estimate of all planned
expenditures, increases due to a change in the Consumer's Price
Index, and the estimated amount of budgeted but unexpended funds.
The budget shall include an estimate of the payment required from
each party for the following fiscal year.
The Cities of Irvine, Newport Beach, and Tustin, and
The Irvine Company shall make payments of their portions of the
program costs to the County of Orange by September 30th of each
year.
- 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 understood and agreed that
merely by virtue of entering into this Agreement each party neither
relinquishes liability for its own actions nor assumes liability
for the actions of other parties. It is the intent of the parties
that liability of each party shall remain the same, while this
Agreement is in force, as it was before this Agreement was made.
Section 10. TERMINATION
Any party wishing to terminate its
participation in this 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
terms and conditions of this Agreement on the basis of a revised
allocation of costs as set forth in Section 5.
9
0
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 DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD
By
Chairman of their Board of
Supervisors
Clerk of the Board of Supervisors By
of Orange County, California
CITY OF IRVINE
Dated: , 1985
ATTEST:
City Clerk
CITY OF NEWPORT BEACH
Dated:n'� 1985
ATTEST:
City Clerk
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
r
APPROVED AS TO FORM:
City Attorney of Irvine
APPROVED AS TO FORM:
ity Attor ey of Newport Beach
u
CALIFORNIA DEPARTMENT OF
FISH AND GAME
Dated:
THE IRVINE COMPANY
Dated:
ta9U• •Z I�i�1�s�
034
CITY OF TUSTI14
Dated:
ATTEST:
ne
- 7 -
1985 By
Director
1985
By /�j= -�°
Zenior Vice`-Prqa ntY
1985 By
Mayor
City Attorney of Tustin
9
EXHIBIT A
04 Miami „r,.'�I�i►'i:
1. Effectiveness of in- channel facilities
2. Effectiveness of in -Bay facilities
•
3. Transport of sediments to the Lower Bay /ocean
4. Impacts of physical changes in the drainage system.
Proposed Local Sediment Monitoring Program
The local sediment monitoring program will build on ongoing local activities and
will consist of three major elements:
1. Upstream Element - This element includes those activities performed
upstream of Jamboree Road.
a. Scour Study - Annually, following the conclusion 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 reach of San Diego Creek to the confluence with
Peters Canyon Wash. This annual survey will continue to be funded
by the County. Sediment samples will be collected and analyzed for
particle size distribution. Also, if storm conditions or sediment
removal activities dictate, additional surveys will be performed and
sediment samples collected. These additional activities will be
funded by the local participants on a time and materials basis. The
Woodbridge reach of San Diego Creek is surveyed and samples are
collected for particle size analysis on an annual basis unless only
a small amount of sediment has accumulated. This activity will
continue and the results will be included in the annual reports.
b. Sediment Monitoring - EMA monitors streamflow in San Diego Creek at
Campus Drive. This streamflow monitoring 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 temperature will be measured during storm
events. Bed load calculations will be calibrated using sediment
basin data. These activities will be funded by the local
participants on a time and materials basis.
The sediment stations at Peters Canyon Wash at Barranca and San
Diego Creek at Culver Drive will be maintained.
c. Maintenance of UCLA Storm Channel Study - The County in cooperation
with USGS has funded a study by UCLA in the San Diego Creek water-
shed in support of the sediment study. The UCLA work involves
documenting changes in the watershed and re- surveying a number of
established channel cross - sections. This remains as an element of
the local sediment study and will be funded by the local partici-
pants.
•
Exhibit A
Page 2
d. Other Watershed Documentation - All local participants prepare
documents describing changes in the watershed and /or stream system
and engage consultants to develop information on the watershed. For
example, TIC periodically prepares aerial photographs which include
the San Diego Creek watershed. Participants will make this
information available at no cost to the study.
e. Update of Boyle Sediment Yield Model. The information developed in
a- thru -d will be utilized in updating the sediment yield model.
2. In- Reserve Element - This includes those activities performed within the
boundaries of the state ecological reserve.
a. Survey of Sediment Basin(s) - This survey will document the amount
of sediment accumulated and removed. Sediment samples will also be
collected and submitted to County for particle size analysis. The
frequency of these activities will be based on the judgement of DF&G
staff (generally after each significant storm season and after
completion of sediment removal operations). The surveys will be
funded by DF&G.
b. Topographic Survey of Reserve - A topographic survey of the
Ecological Reserve will be conducted by the Department of Fish and
Game following each major storm season which results in a
substantial physical alteration of the Bay. In addition, sediment
samples will be collected for particle size analysis by the County.
3. 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 analysis of bottom sediment samples will be
implemented. This information will document sediment transport
characteristics through the Lower Bay and will be based on the existing
County monitoring program. Field measurements under this element will
be limited to two on three major storm events each season.
4. Annual Report - A short report presenting the data and findings obtained
during the previous July 1 to June 30 period will be completed by
December 31 of each year.
Fundinq and Implementation
Funding responsibilities will be allocated as indicated in Table 1. Ongoing
activities are indicated by an "X ". Only those costs incurred over and above
ongoing activities are specified. Also, cost estimates provided are
intentionally pessimistic (i.e., high) and are subject to revision.
Table 2 indicates which agencies will perform or oversee the various activities.
In most instances, sediment monitoring could consist of modification of ongoing
activities resulting in minimal additional cost to the participants.
DRC:dasRD -06 -2
4/15/65
Exhibit A
Page 3
TABLE 1: Funding Allocations
A. Upstream
Element
1.
Scour Study
a. Survey X
b. Sediment sample
analysis
c. Additional surveys
2.
Sediment Monitoring
a. San Diego Creek at Campus Drive
i. Streamflow monitoring X
ii. Suspended sediment sampling
& water temp. measurement
iii. Sediment sample analysis
b. Peters Canyon Wash at Barranca
i. Streamflow monitoring X
ii. Suspended sediment sampling
& water temp. measurement
iii. Sediment sample analysis
c. San Diego Creek at Culver
i. Streamflow monitoring X
ii. Suspended sediment sampling
& water temp. measurement
iii. Sediment sample analysis
3.
UCLA Storm Channel Study
4.
Watershed Documentation X
5.
Update of Boyle Model
B. In- Reserve Element
1.
Sediment Basin(s) Survey
a. Survey
b. Sediment sample X
analysis
2.
Topographic Survey
a. Survey
b. Sediment sample X
analysis
E
Part
2,000
(4,000) * * **
2,000
2,000
2,000
2,000
2,000
2,000
7,000
X
5,000 * **
X
X
X
X
X
0
Exhibit A
Page 4
C. Lower Bay Area Element
D. Annual Report
TOTAL**
TABLE 1: Funding Allocations
OR
Part
2,000
1,000
29,000
* Local participants include County, TIC, Irvine, Tustin and Newport Beach.
** Assunning twelve storm events /year.
* ** Not an annual activity.
* * ** Additional surveys will only be performed under special circumstances (see text).
Exhibit A
Page 5
TABLE 2: Implementation
Participants
Program Element County Shared Costs State
A. Upstream Element
1. Scour Study X
2. Sediment Monitoring X
3. UCLA Study X
4. Watershed Docimmentation X X
B. In- Reserve Element
1. Sediment Basin Survey
a. Survey X
b. Sediment sample
collection & analysis X X
2. Topographic Study
a. Survey X
b. Sediment sample
collection & analysis X X
3. Hydrodynamic Model Update X X
C. Lower Bay Area Element X
D. Annual Report x
DRC:dasRD -08-2
4/15/B5
t
A.-t ° F lQ
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Gt7 Gl Ii Vin li_'CiO,,:nbG:ee ROa:c. P _ 80:. iNlti9. GtrdOrnd 9-2713 (1141 660-3600
October 3, 1985
Ms. Wanda Riggio
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Dear Wanda:
I
Reference: Newport Bay Sediment
Control:Sediment Monitoring
Program
At its Adjourned Meeting of September 10, 1985, the Irvine City
Council took the following action regarding the above:
1. Authorized the Mayor to execute and the City Clerk to
attest the agreement with the City of Newport Beach
to fund the third year of the Sediment Monitoring Program
for the period September 1984 to September, 1985, subject
to City Attorney approval.
2. Authorized the Mayor to sign and the City Clerk to attest
the agreement with the City of Newport Beach, the City
of Tustin, the County of Orange, the California Department
of Fish and Game and The Irvine Company for the period
of July 1, 1985, through June 30, 1990, subject to City
Attorney approval.
Regarding Item No. 1 above, we enclose three duplicate originals
for execution by Newport Beach. Please retain one duplicate
original for your records and return two signed documents to us.
Should you require anything further, please call this office.
Sincerely,
NANCYnCEY
City Clerk
NCL:wr
Encl.
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ED MAYOR E ' 11E
TO:O COUNCIL C11 GENERALSERV
O MANAGER = LIBRARY
O ASST. TO MGR. ':3 MARINE
EXEC, ASST. ED PARKS & REC.
O ATTORNEY O PERSONNEL
a BUILDING O PLANNING
j9 CITY CLERK ❑ POLICE
DATA PROCESS, O PUBLIC WORKS
O DUPLICATING ED PURCHASING
O FINANCE O TRAFFIC
O UTILITIES
FOR: D ACTION & DISPOSITION
O FILE
IK INFORMATION
0 REVIEW & COMMENT
❑ RETURN
REMARKS:
1tA
COOPERATIVE AGREEMENT
SAN DIEGO CREEK SEDIMENT MONITORING PROGRAM
THIS AGREEMENT is made and entered into this JA J day of
1985, by the between the CITY OF IRVINE and the CITY OF NEWPORT BEACH.
WITNESSETH:
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 Storm Water Sedimentation Control Plan
for the San Diego Creek basin; and
WHEREAS, an element of the Plan is to perform sediment monitoring
within the San Diego Creek watershed and Newport Bay; and,
WHEREAS, the U.S. Department of the Interior, Geological Survey, has
approved a five -year sediment monitoring program in San Diego Creek to be funded
50% U.S. Geological Survey and 50% local; and,
WHEREAS, it is anticipated that sediment monitoring within the San
Diego Creek watershed and Newport Bay will be included in agreements to imple-
ment the Comprehensive Storm Water Sedimentation Control Plan for the San Diego
Creek Basin now being negotiated between the Orange County Environmental
Management Agency, the State of California Department of Fish and Game, the City
of Irvine, the City of Newport Beach, and The Irvine Company; and,
WHEREAS, the City of Irvine, the City of Newport Beach and The Irvine
Company have entered into an agreement to fund preliminary data collection and
the first two years of the sediment monitoring program, and,
WHEREAS, The Irvine Company has provided their portion of the funding
for the third year sediment monitoring program; and,
WHEREAS, it is desirable to continue the sediment monitoring program;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
agree as follows:
1. SCOPE
This Agreement is intended to provide local funding for the third
year of the sediment monitoring program, September 1984 to September 1985; and
for compilation of data.
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•
2. CONTACT AGENCY
The City of Newport Beach is to be contact agency with the U.S.
Geological Survey.
3. TERM
The term of this Agreement shall extend from the date of execution
of this Agreement to compilation of the third year's data, or June 30, 1986,
whichever occurs first.
4. PROGRAM COST
a. City
of Irvine
Third
Year
$ 6,127.50
b. City
of Newport Beach
Third
Year
$ 6,127.50
c. The
Irvine Company
Third
Year
$ 8,170.00
d. U.S.
Geological Survey
Third
Year
$20,425.00
5. PAYMENT
The City of Irvine shall make payment of their portions of the
program costs to the City of Newport Beach by September 30, 1985.
parties.
6. AMENDMENT
This Agreement may be amended with unanimous approval of the
7. LIABILITY
It is mutually understood and agreed that merely by virtue of
entering this Agreement, each party neither relinquishes liability for its own
actions nor assumes liability for the actions of other parties. It is the
intent of the parties that liability of each party shall remain the same while
this Agreement is in force as it was before this Agreement was made.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
CITY OF IRVINE
Dated: 3 , 1985
ATTEST:
7 G
% J
ity Cl--V
CITY OF NEWPORT BEACH
Dated: /(, , 1985
By
Mayor
APPROVED AS TO FORM:
i
Cjty Attorney of Newport Beach
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