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HomeMy WebLinkAboutF-3d - Cooperative Agreement - Sandiego Creek/Upper Newport Bay WatershedC"'- 4� 8Y THE CITY COUNCIL August 22, 1983 CITY OF NEWPORT REACH CITY COUNCIL A ENDA AUG 2 21983 ITEM Nk TO: CITY COUNCIL FROM: Public Works Director SUBJECT: COOPERATIVE AGREEMENT --SAN DIEGO CREEK/UPPER NEWPORT BAY WATERSHED RECOMMENDATIONS: Authorize the Mayor and the City Clerk to execute the subject agreement. DISCUSSION: At the meeting of October 8, 1980, the City Council adopted Resolu- tions No. 9893 and No. 9894 authorizing the Mayor and the City Clerk to execute cooperative agreements with Southern California Association of Governments (SCAG) and the City of Irvine to prepare the 208 Upper Newport Bay Sediment Control Plan. Under terms of the agreement with SCAG, the Cities of Newport Beach and Irvine agreed to: (1) administer preparation of a sediment control plan for the Upper Newport Bay; (2) prepare a Program Environmental Impact Report (EIR) for the plan, and (3) assist SCAG in obtaining commitments to implement the plan. The final draft of the plan has been completed and a Program EIR is now being circulated for comments. Close of the review period for comments is September 8, 1983, and acceptance of the EIR by the City and SCAG is anticipated in October 1983. Implementation of the plan will require the cooperation of govern- mental agencies and private landowners within the watershed of the Upper Bay. The purpose of this cooperative agreement is to provide a forum for the major landowner and key governmental agencies in the watershed to: (1) Evaluate and assess progress toward implementing the Sedi- ment Control Plan. (2) Formulate project implementing agreements for the elements of the plan. (3) Evaluate and assess the effectiveness of the various elements of the plan. The parties to the agreement are: (1) The County of Orange. (2) The City of Irvine. (3) The City of Newport Beach. (4) The California Department of Fish and Game. (5) The Irvine Company. August 22, 1983 Subject: Cooperative Agreement --San Diego Creek/Upper Newport Bay Watershed Page 2 Terms of the agreement provide for the following: (1) Purpose --As stated above. (2) Additional parties --Parties to this agreement will request other governmental agencies and landowners in the watershed to implement land management practices recommended in the plan and one or more of these additional parties may be requested to participate in future project implementing agreements. (3) Amendment --The agreement may be amended only with unanimous ap- proval of all parties. (4) Executive committee --Each of the parties shall appoint a member and an alternate to an executive committee which shall meet at least every six months. (5) Elements and schedule of the Sediment Control Plan are defined. These elements are: Elements A. Improve agricultural land management practices High erosion areas Remaining areas B. Improve construction Land management practices C. Install and maintain in -channel basins D. Install and maintain basins in Upper Newport Bay Schedule Complete RCPs by 11/83 Implement by 11/84 Complete RCPs by 11/84 Implement by 11/85 Grading Ord. Changes: By 9/84 Training Programs: Begin 1/84 Implementing Agreement: 7/84 Construction of Basins: Begin 5/85 Complete by 1988 Implementing Agreement: 7/84 Construction of Basins: Begin 5/85 Complete by 1990 E. Channel stabilization Undeveloped areas: As condition of development 1/84 Dedicated channels: Inventory of deficiencies 7/84 Stabilization Begin 7/84 Complete 1988 August 22, 1983 Subject: Cooperative Agreement --San Diego Creek/Upper Newport Bay Watershed Page 3 F. Foothill basins Incorporation into drainage master plan As part of plan development Construction Concurrent with stabilization of downstream channels G. Monitoring Cooperative agreement 7/84 Bay monitoring Develop program 1/84 Implement 7/84 (6) Agriculture and construction land management practices --The Cities of Irvine and Newport Beach and the County of Orange shall consider adoption of programs and/or enforcement of ordinances within each agency's jurisdiction sufficient to implement land management practices in the plan. (In general, current City of Newport Beach ordinances and prac- tices are considered to be satisfactory. Minor revisions have been recommended in the plan and may be brought be- fore the City Council for consideration at some time in the future.) (7) Project implementation agreements --Implementation of the plan elements shall be accomplished through project implementa- tion agreements. (8) Term --The term will begin when all parties have executed the agreement and will continue until three or more parties have withdrawn. In addition, the agreement will terminate if project implementation agreements for the additional in -bay and in -channel basins have not been executed within three years. (9) Grants --All parties shall use their best efforts to aid in ob- taining grants to fund construction and maintenance of the various projects. (10) Withdrawal of parties --Any parties may withdraw by giving writ- ten notice to the other parties. Final approval and execution of the agreement is being requested si- multaneously by each of the parties. A fully executed agreement is anticipated in September. r Benjamin B. Public Works JW: jd Q Nolan Director October 3, 1983 TO: FILE FROM: Cooperative Projects Engineer SUBJECT: MEETING WITH DIRECTOR OF STATE OF CALIFIRONIA DEPARTMENT OF FISH AND GAME (September 30, 1983) A. The following were in attendance at the meeting: 1. Assemblywoman Marian Bergeson Chris McDaniel Gloria Seelye 2. Congressman Badham's Office Argyle Nelson 3. Southern California Association of Governments Miriam Gensemer 4. State of California Department of Fish and Game Don Carper, Director Ron Hein Carl Wilcox 5. County of Orange Supervisor Riley Doreen Marshall Carl Nelson 6. City of Newport Beach Mayor Hart Jerry King Ben Nolan John Wolter 7. City of Irvine Coulcilwoman Gaido Dave Watkins 8. The Irvine Co. Tom Nielsen, President Sat Tamaribuchi John Tettemer, Consultant B. Notes from the Meeting: Marian Bergeson hosted a breakfast meeting to introduce Mr. Don Carper, the new director of the Department of Fish and Game, to local officials. Members of the new executive com- mittee, Supervisor Tom Riley, County of Orange; Mayor Evelyn Hart, Newport Beach; Councilwoman Gaido, Irvine; and Mr. Tom Nielsen, President of The Irvine Co., were introduced and at the request of Supervisor Riley, Mr. Carper agreed to represent the Department of Fish and Game on the executive committee. 6 Topics Discussed at Meeting: 1. Assemblywoman Bergeson presented a brief history of the efforts which have taken place regarding the ecological reserve. 2. The executive committee members stated their areas of in- terest in the Upper Bay and all expressed their enthusiasm and desire to support cooperative effort to implement the Sediment Control Plan. 3. Assemblywoman Bergeson raised a question regarding possible funding from several outside sources, mitigation from pro- posed projects in Los Angeles and Long Beach Harbor, State Energy Resources Funds, etc., and requested Mr. Carper's and the Department of Fish and Game's support in giving the pursuit of these funds a high priority. 4. Mr. Carper stated his Department has requested that Energy Resource Funds for the Upper Bay be included in the State budget and that he would look into the other areas of pos- sible funding suggested. 5. Mr. Carl Wilcox of the Department of Fish and Game gave a brief update on the current status of the Upper Bay Manage- ment Plan and stated that new topographic mapping of the bay and preliminary design of desilting facilities in the bay would be available in November of this year. Mr. Wilcox also stated that the Department was pleased that the Early Action facilities completed last year did, in fact, trap sediment which would have otherwise entered the bay in the heavy rains experienced this last winter. 6. Mr. Carl Nelson of the County of Orange stated that a con- tractor for the County is now removing trapped sediment from the Early Action Plan facilities in San Diego Creek. The con- tractor has cleaned the upper basin at Campus and will now be working on the lower basin between MacArthur Boulevard and Campus. 7. Mr. John Tettemer, a consultant for The Irvine Co., spoke on behalf of all the staff people who have been and are now working on the implementing agreements for the Sediment Control Plan. He summarized the recently executed coopera- tive agreement and two implementing agreements, one for work in the bay and a second for work in San Diego Creek: a. Cooperative Agreement --provides an executive committee comprised of top level policy makers from the parties committed to implementation of the Sediment Control Plan. Implementation of the Plan will require support, direction and a spirit of cooperation from this committee if the difficult tasks of obtaining funding and determining fair - share participation in the cost are to be ironed out. 2 b. In -Bay Agreement --provides for the construction and maintenance of desilting facility in the bay. The Department of Fish and Game, as owner of the ecological reserve, has taken the lead in preparing this agreement. Determination of the location and design of the facility is essential in order to proceed with this agreement. Department of Fish and Game is performing this work and it is to be included in their Upper Bay Management Plan. c. In -Channel Agreement --provides for construction and main- tenance of desilting facilities in San Diego Creek. The County of Orange, as owner of the San Diego Creek Flood Control right of way, has taken the lead in preparing this agreement. 8. Mr. Argyle S. Nelson of Congressman Badham's office presented an update of the Omnibus Water Resources Bill which is being reviewed by Congress now. That bill will extend the limits of the Corps of Engineers dredging responsibility in Newport Bay above the Coast Highway Bridge to the limits of the eco- logical reserve. Although specific dates could not be esti- mated at this time, Mr. Nelson was optimistic that Congress- man Badham and Senator Wilson have support for passage of the bill. iU ohn Wolter Cooperative Projects Engineer JW:jd C