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Home My WebLink AboutAGENDA REPORT 2001 1003 CC REG ITEM 10Bor AC * d0 gPPrDVep�, nrv�ero�hor�r►lucl� Moorpark City Councils... Agenda Report B�: _a_ To: The Honorable City Council From: Kenneth C. Gilbert, Director of Public Works f [) Date: September 21, 2001 (Council Meeting 10 -3 -01) Subject: Consider Cooperative Agreement Between the City and the Ventura County Flood Control District for the Sharing of Information and Data Related to the Management of the Calleguas Creek Watershed BACKGROUND AND OVERVIEW For a number of years now, the Ventura County Flood Control District ( "District ") has served as the lead agency on a number of efforts related to the better management of the Calleguas Creek Watershed ( "Watershed "). One of those efforts is a project ( "Project ") undertaken with the cooperation and participation of the U. S. Army Corp of Engineers ( "COE ") and the Federal Emergency Management Agency ("FEMA") to produce new, better and more useful data for the management of the Watershed. As discussed in more detail herein, the District has asked that the local agencies within the Watershed who will have a need to use this data, share in the local cost of developing the data. Attached is a draft Cooperative Agreement setting forth the terms and conditions for the use of that information. DISCUSSION A. Project Description The Project will produce certain digital information, set forth in a Geographical Information Systems (GIS) format, generally described as follows: • color aerial photography for the entire Watershed; • three - dimensional digital terrain model and topographic contours for the entire Watershed; • three - dimensional topographic contour mapping for all major floodplain corridors; Topo_010118 County of Ventura Topographic Mapping September 21, 2001 Page 2 • results of the latest master plan -level hydrologic analysis for the entire Watershed, including peak flow rates at selected points of interest, stream routing, bridge data and culvert information used for modeling purposes; • hydrologic sub - watershed boundaries with unique hydrologic parameters for each; • stream network and redline channel alignment; • rainfall distribution and design isohyetal contours; • District drainage facility locations with related information; • existing Flood Insurance Rate Maps (FIRM) in electronic format placed in real coordinates; • new floodplain delineation and mapping by FEMA for major floodplain corridors, using the latest hydrology and topography provided by the District. B. Protect Benefits and Uses The work product will provide valuable information useful in the analysis of the floodplain related issues, particularly those related to the impacts of land development within the Watershed. Some of the beneficial uses of the Project data and information include: • Computer GIS access to existing and new FIRM map information; • Access to the latest hydrological information; • Access to the latest color photography and imagery; • Computer access to color photographs of a quality comparable to the City's 1' =100' photos [negates the need to contract for this service in the future]; • Access to sub - watershed boundary information and stormflow rates at points of confluence; Access to information needed to produce acceptable grading plans for properties in and near floodplain areas; • Access to a topographic and hydrological database which could be integrated into a City GIS program, etc. C. Pending Development Projects There are a number of land development entitlement applications within the City of Moorpark, currently being processed, which have a need to access this information. Topo 010118 x:100_: County of Ventura Topographic Mapping September 21, 2001 Page 3 D. Project Costs The cost of the Project is approximately $2.4 million. The tentative project funding breakdown is as follows: • U. S. Army Corp of Engineers $ 800,000 • District $ 900,000 • Local Government Moorpark $ 80,000 Camarillo $ 80,000 Thousand Oaks $ 80,000 Simi Valley $ 80,000 CCWMP $ 40,000 Calleguas Water Dist. $110,000 ** $ 470,000 $2,170,000 • FEMA $ 250,000 $2,420,000 ** In -lieu Services E. Comparable Costs for Citv Onlv Protect It is the opinion of staff that if the City were to retain consultants to produce the information being generated by the Project, for only the City area, the cost of that effort would be approximately $500,000. F. Fees It is the intent of staff to develop and implement a drainage fee to recover the cost of providing this information and data to the development community. Anticipating approximately 2,000 additional lots (or equivalent dwelling units) remaining to be developed in the City, the per lot fee required to generate the $80,000 cost of the subject data would be $40. It is the intent of staff to require payment of this fee on all future land development entitlement projects. G. Agreement Attached as Exhibit 1 is a draft Agreement between the City and the District, formalizing this data sharing program. H. Budget Resolution A Resolution has been prepared (Exhibit 2) appropriating funds for the City costs [$80,000] for this Program. The proposed funding source for this expense is the Community Development Fund (Fund 22001. Topo_010118 County of Ventura Topographic Mapping September 21, 2001 Page 4 STAFF RECOMMENDATIONS 1. Approve the Cooperative Agreement for Sharing Data on the Calleguas Creek Watershed and authorize the City Manager to sign said document, subject to final language approval by the City Manager and the City Attorney 2. Authorize payment of $80,000 to the District as provided for in said Agreement. 3. Adopt Resolution No. 2001- amending the Budget to provide for said expenditure. Attachments: Exhibit 1: Cooperative Agreement Exhibit 2: Resolution Topo_010118 SEP-18-2001 13:21 -'X t-} 1 �� 17 COOPERATIVE AGREEMENT FOR SHARING OF DATA ON THE CALLEGUAS CREEK WATERSHED Agreement No. FC 3- 2001 -08A This agreement is entered into by and between the Ventura County Flood Control District, hereinafter referred to as DISTRICT, and the City of , hereinafter referred to as CITY. WHEREAS, DISTRICT in cooperation with the U.S. Army Corps of Engineers (COE) will be obtaining color aerial photography, topographic mapping and three - dimensional terrain modeling of the Calleguas Creek Watershed; and WHEREAS, DISTRICT is cooperating with the Federal Emergency Management Agency (FEMA) which will result in new flood plain delineation and conversion of flood insurance information to electronic format; and WHEREAS, DISTRICT is undertaking the preparation of an updated hydrologic model of the Calleguas Creek Watershed; and WHEREAS, data and information obtained by DISTRICT, as the.-result of its cooperative efforts with COE and FEMA, could be utilized by CITY in its Master'Drainage Planning, Capital Facilities Planning, and other Public Works Agency efforts; and WHEREAS, DISTRICT is willing to share said data and information with CITY in exchange for financial contribution by CITY towards the cooperative efforts undertaken by DISTRICT; and WHEREAS, it is mutually beneficial to DISTRICT and CITY to utilize said data and information to ensure uniformity in flood plain management and drainage practices in the Caileguas Creek Watershed. NOW, THEREFORE, in consideration of the premises and the mutual promises set forth herein, the parties hereto agree as follows: A. DISTRICT shall: 1. Furnish CITY the following in digital format compatible with Environmental Systems Research Institute's (ESRI) Geographical Information System (GIS) format, and Zone V coordinate system on North American Datum of 1927 or 19831 a. Year 2001, color aerial ortho- photography and imagery with a 1- foot pixel resolution for the entire watershed. SEP -18 -2001 13:22 P.03 b. Year 2001, three - dimensional digital terrain model and topographic contours generated with Light & Ranging, LIDAR, technology with a nominal 4.5 meter elevation posting for the entire watershed. C. Year 2001, three - dimensional topographic contour mapping of the floodplain corridors of Calleguas Creek, Arroyo Las Posas, Arroyo Simi to Madera Road, and Conejo Creek to Hill Canyon Treatment Plant, enhanced with photogrammetric techniques. d. Hydrologic analysis for the entire Calleguas Creek Watershed, including peak flow rates at select points of interest, stream routing, bridge and culvert information used for modeling purposes. e. Hydrologic sub - watershed boundaries, along with unique hydrologic parameters for each. f. Stream network and redline channels. g. Rainfall distribution and design isohyetal contours. h. Location of District's drainage facility and basic information, such as names, dates of construction, etc. i. Existing Flood Insurance Rate Maps. j, New floodplain delineation and mapping prepared by FEMA using the latest hydrology and topography provided by DISTRICT, for areas referred to in c. above. 2. Deliver to CITY items: a. A.1.a and A.1.b. by January 1, 2002. b. A.1.c. by June 1, 2002 C. A. 1.d. through A.1.h. by January 1, 2001 d. A.1.i and j. by June, 2003. B. CITY shall: t 1. Pay DISTRICT: a. $20,000 upon delivery of items A.1.a. and A.1 -b. b. $20,000 upon delivery of items A. 1.c. C. $20,000 upon delivery of items A.1.d. through A.1.h. d. $20,000 upon delivery of items A.1.i. and A.1.j. 2. Use the material obtained from DISTRICT pursuant to this agreement for its internal use only and shall not disseminate any of the material in digital format to any third party. CITY may provide printed copies of the materiel at its own discretion. C. Technical Support DISTRICT does not intend to, and is under no obligation to, provide any technical support of, or assistance with the data and information provided, pursuant to this Agreement. In the event DISTRICT provides assistance on any occasion or ff�� 2 CIO V w-, faa � js SEP -18 -2001. 13:22 occasions shall not be construed as creating an obligation or expectation that DISTRICT will provide or should have provided, any assistance on any other occasion, and shall not be construed as creating a course of conduct. D. Disclaimer DISTRICT makes no representation or warranty that that date and information provided pursuant to this Agreement is accurate or free of errors or omissions. E. Term The term of this agreement shall commence on the date of approval of this Agreement by both parties and shall continue until terminated pursuant to Section F. herein, or until complete delivery of all items contained in Section A. herein. ,, F. Termination 1. CITY may terminate this Agreement without cause at any time by giving written notice and payment for all items delivered prior to termination. 2. DISTRICT may terminate this Agreement in the event CITY fails to pay for items delivered, upon giving CITY a 30 -day written notice. G. Extension of Delivery Date The date of delivery of items as described in Section A.2. herein may be extended by mutual agreement of both parties, in the event such delay is beyond the control of DISTRICT and is due to an action or inaction of the COE or FEMA. H. Assignment Except as otherwise provided herein, this Agreement may not be assigned by either party without the written consent of the other, which consent shall not be unreasonably withheld, and any assignment without such written consent shall be void. 1. Successors in Interest Subject to the provisions of paragraph H. above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. This Agreement is not intended to benefit any person or entity not a party hereto. 31 0.()( -114e �" s SEP -18 -2001. 13:23 P.05 I Notice Any notice, request, demand or other communication required or permitted hereunder shall be in writing and shall be deemed to have been duly given (a) on the date of delivery when delivered personally, (b) on the first working day after transmission when given via facsimile transmission, or (c) on the third day after deposit in the United States mail when mailed by registered or certified first class mail with postage prepaid to the applicable individual (designated by his or her title rather than by name), FAX number or mailing address listed below: To DISTRICT. Ventura County Flood Control District 800 South Victoria Avenue Ventura, California 93009 -1610 Attention: Deputy Director, Public Works Agency FAX No. (805) 654 -3350 To CITY: Any party may change its applicable individual FAX number or address for the purpose of this section by giving the other party written notice of the new individual, FAX number or address in the manner set forth above. K. Interpretation The language in all parts of this Agreement shall be construed under the laws of the State of California according to its normal and usual meaning, and not strictly for or against either party. L. Paragraph Headings Headings at the beginning of each numbered paragraph of this Agreement are solely for the convenience of the parties and are not a part of this Agreement. 4. to '@ n"�cb� ?�i'i.B �w F.� r Il'y.• SEP- 18 -200L 13:R3 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. P.06 VENTURA COUNTY FLOOD CONTROL DISTRICT Dated: By: Chair, Board of Supervisors wri Dated: By: �1 TOTAL P.06 Exhibit 2 RESOLUTION NO. 2001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AN APPROPRIATION AND BUDGET AMENDMENT TO FUND CITY COSTS TO ACCESS HYDROLOGICAL AND TOPOGRAPHICAL DATA FOR THE CALLEGUAS CREEK WATERSHED COMPILED BY THE VENTURA COUNTY FLOOD CONTROL DISTRICT [FUND 2200 - COMMUNITY DEVELOPMENT FUND] WHEREAS, on June 20, 2001, the City Council adopted the Budget for Fiscal Year 2001/02; and WHEREAS, a staff report has been presented to the City Council requesting a budget increase in the aggregate amount of $80,000; and WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describes said budget amendment and its resultant impacts to the budget line item(s). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That a Budget amendment in the aggregate increase of $80,000, as more particularly described in Exhibit "A ", is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this ATTEST: day of , 2001. Patrick Hunter, Mayor Deborah S. Traffenstedt, City Clerk Attachment: Exhibit 'A': Appropriation and Budget Detail - `,("91 0a, ?� Resolution No. 2001 - Exhibit "A" APPROPRIATIONS FOR Calleguas Creek Watershed Hydrological and Topographical Data Provided by the Ventura County Flood control District FUND ACCOUNT NUMBER APPROPRIATION REQUEST Community Development Fund 2200.0000.0000.5500 $ 80,000 TOTALS: APPROPRIATION $ 80,000 APPROPRIATION RE -CAP DISTRIBUTION OF APPROPRIATIONS TO EXPENSE ACCOUNT NUMBERS ACCOUNT NUMBER CURRENT SUBJECT REVISED APPROPRIATION APPROPRIATION APPROPRIATION / (REDUCTION) 2200.8410.0000.9159: Misc. $ 0 $ 80,000 $ 80,000 Engineering Services TOTALS: $ 0 $ 80,000 $ 80,000 Approved as to form: �1