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HomeMy WebLinkAbout06 - Federal Beach Erosion Control Project - Stage 11ITEM 6 TO: Members of the Newport Beach City Council FROM: Dave Kiff, Assistant City Manager SUBJECT: Surfside- Sunset and Newport Beach Federal Beach Erosion Control Project - Agreement to Participate in and Fund Stage 11 RECOMMENDED Authorize the Mayor to execute an Agreement with the County of Orange ACTION: relating to the City's participation in and funding for Stage 11 of the Surfside - Sunset and Newport Beach Federal Beach Erosion Control Project. BACKGROUND: The Orange County coastline is home to some of the most popular beaches in the United States, including the ocean beaches of Newport Beach. The more than 2,000,000 visitors a year who come to Newport`s wide sandy beaches expect the sand to be clean, groomed, and present when they arrive. Sand typically appears on beaches as a result of a natural erosion process that includes the scouring of inland riverbanks (where storm water carries sediment from the sides of creek channels out to sea) and the gradual erosion of coastal bluffs. Modem development can impede the transport of sand replenishment materials to the beach - such development includes the "armoring" of coastal bluffs with seawalls and the construction of flood control channels upstream. In the early 1960s, the US Army Corps of Engineers (Corps) constructed navigation and flood control channels in Long Beach and Anaheim Bay that limited the production and disbursement of sand along the Orange County coastline. Without the constant replenishment of sand to local beaches, waves and tidal action can quickly cause a sandy beach to become a rocky, sandless beach unwelcoming to visitors. To repair some of the damage done to natural sand transport by the federal projects in Long Beach and Anaheim Bay, in 1962 the Corps began a long -term beach nourishment project known to us as Surfside- Sunset and Newport Beach ( "Project") that included periodic beach nourishment every 5 years off of the Orange County coast. The Corps places most of the sand deposits in a "feeder" area off of Seal Beach - littoral drift then carries the sand down the coast. The littoral "cell' within which the currents distribute sand begins in Seal Beach and ends at the northerly jetty at the Wedge. Ten of these nourishment actions occurred between 1964 and 1997 - each one is referred to by the Corps as a stage. By the time Stage 10 Quly 1997) was complete, about 15.6 million cubic yards (CY) of sand had been placed off of Seal Beach since 1964, with eight rock groins constructed in West Newport and an additional 2.1 million CYs of sand placed directly on the beach in West Newport. Newport Beach City Council Page 2 Stage 11. In 2000 and 2001, the Corps, along with its state partner, the Department of Boating and Waterways, has prepared and Environmental Assessment (EA) and plans and specifications for Stage 11 of the Project. Stage 11 envisions the placement of 1.75 million cubic yards of sand off the coast at Surfside- Sunset Beach. Stage 11 does not contemplate any specific sand replenishment or groin construction activity directly off of Newport Beach (see map in Attachment B). Partners and Costs. Most Corps projects involve a cost - sharing agreement between the Corps and its state and local partners. Traditionally, cost - sharing agreements require the state and local partners to fund 33% of the cost of the project, with the federal government covering the remaining 67 %. As an important note, the Bush Administration has proposed reversing this split, resulting in a 67% state /local requirement with a 33% federal match. This reversed split, if enacted, does not apply to this specific Stage of the Project, but it may apply to future stages and other cost - shared efforts involving the Corps. The total estimated cost (all partners) for Stage 11 is $12.7 million. The non- federal share (33%) is $4.191 million. Of the non - federal share, the state and local partners have traditionally apportioned costs to each partner based on the percentage of beach footage each partner administers along the 80,000 linear feet of beach in the Project area. In 1999, the State Legislature enacted the California Public Beach Restoration Act (AB 64, Ducheny,1999). The State Budget in FY 2000 -01 authorized $35 million in funding for the Act and its various beach nourishment projects across California. The California Department of Boating and Waterways (DBW) administers the Act's funding. $3.85 million of Stage 11's non - federal funding will come from the DBW and AB 64 - all of that amount will be allocated to California State Parks' share of the bill. Here's how the costs are allocated: Federal Share Non - Federal Share Total Cost of Project State Parks Surfside District Huntington Beach Newport Beach County of Orange Total for Project 67% $ 8,509,000 33% $ 4,191,000 100% $ 12,700,000 Lineal Feet of %of Total Dollar contribution Local Contribution Beach Beachfront by % of Beach 44,884 56.11% $ 3,850,000 - N/A- 2,705 3.38% $ 341,000 $ 26.267 5,500 6.88% $ 53,409 22,137 27.67% $ 214,965 4,774 5.97% $ 46,359 80,000 100% $ 4,191,000 $ 341,000 2 Page 3 The FY 2001 -02 Capital Improvement Program (CIP) for the City allocates half of the cost ($107,000) during the current fiscal year and proposes the allocation of another $108,000 at the start of FY 2002 -03 to fund this Project. As noted, the City's total contribution to Stage 11 will be $215,000. THIS AGENDA This Agenda Item asks the City Council to approve the City's participation ITEM: in Stage 11 of an ongoing beach nourishment project that dates back to 1964. If the Council agrees to the recommended action, the Mayor will sign an Agreement with the County of Orange and pay the County $215,000 over two budget years. The County will pay the Corps, and the Corps will complete Stage 11 of the beach nourishment project. Stage 11 costs $12.7 million overall and places 1.8 million cubic yards of sand off of Surfside- Sunset beach, where currents are supposed to carry it to West Newport beaches. ATTACHMENTS: Attachment A - Proposed Agreement with the County of Orange Attachment B - Map of Surfside- Sunset and Newport Beach Project Area 3 1 2 3 4 5 6 7 AND 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Attachment A Agreement No. DO1 -057 AGREEMENT FEDERAL BEACH EROSION CONTROL PROJECT STAGE 11 THIS AGREEMENT is made and entered into the day of , 2001. BY AND BETWEEN COUNTY OF ORANGE, a political Subdivision of the State of California, Hereinafter called "COUNTY." CITY OF NEWPORT BEACH, a municipal Corporation, hereinafter called "CITY." WHEREAS, Congress has, by the enactment of Public Law 874, 87ih Congress, adopted and authorized a beach erosion control project to be accomplished in stages, which extends from Anaheim Bay Harbor to the west jetty of Newport Beach Harbor in Orange County, and WHEREAS, the implementation of said Federal beach erosion project is of direct benefit to the beaches owned and operated by CITY and COUNTY in providing a source of beach sand for replenishment of natural erosion of said beaches, and WHEREAS, the United States Army Corps of Engineers is prepared to undertake Stage 11 of said project at an estimated cost of $12,700,000 to be financed on the following basis: Federal Government $8,509,000 State of California $3,850,000 Local Agency shoreline $341,000 owners consisting of cities, COUNTY, Private Property Owners and State Division of Beaches and Parks - 1 - 5 Agreement No. DO1 -057 1 WHEREAS, COUNTY is prepared to pay, on behalf of those private and public beach owners 2 identified hereinbelow, $341,000 for Stage 11 construction, and 3 WHEREAS, the shoreline owners' proportionate share of $341,000 cost for State 11 is based 4 upon a formula depicting the percentage of the 80,000 linear feet of beach frontage property owned by 5 each public entity which is within the Federal project area. The total cost breakdown is as follows: 6 Private beach owners: Surfside Colony Storm Water Protection District 7 (0.21 %) $ 26,257 8 Public beach owners: Orange County Harbors, Beaches and Parks 9 (0.37 %) $ 46,359 10 City of Huntington Beach (0.42 %) $ 53,413 11 City of Newport Beach 12 (1.69 %) $214,971 13 TOTAL 341 000 14 NOW THEREFORE, the parties hereto do mutually agree as follows: 15 I. 16 CITY agrees that any funds remaining from Stage 10 project shall be applied to the design cost of 17 Stage 11 of the project which shall cover the entire 80,000 lineal frontage of shoreline of the Federal 1e project area, and that the final accounting of Stage 10 funding shall be incorporated into the accounting 19 for Stage 11 described in Clause V herein. 20 21 22 23 24 11. 25 2 - Agreement No. DO1 -057 1 CITY agrees to pay COUNTY on or before September 1, 2001, or immediately after approval of 2 this agreement by all parties hereto, CITY's portion of the cost of Stage 11 of the aforesaid beach erosion 3 control project, said portion being the amount of $214,971. 4 III. 5 COUNTY agrees to coordinate said project with CITY and other local shoreline owners, and the 6 State of California, to the mutual benefit of all parties concerned. 7 IV. e COUNTY shall, on or before September 1, 2001, or immediately after approval of this agreement 9 and similar agreements by all of the aforementioned local shoreline owners and receipt of billing from the 10 State of California, pay the local shoreline owners' portion of the Stage 11 Federal beach erosion control 11 project in the amount of $341,000 to the State of California to facilitate implementation of said Stage 11 12 project. 13 V. 14 COUNTY will obtain from the State of California Department of Boating and Waterways, the 15 agency coordinating the Stage 11 project with the United States Army Corps of Engineers, an accounting 16 of all expenditures of all funds received for Stage 11 of the aforementioned project and shall pursue 17 refund of any funds which are in excess of ultimate project cost of a proportionate basis to COUNTY and 18 shall, in turn, refund to CITY its prorated share of any refunds received within 30 days after receipt 19 thereof by COUNTY in a ratio equal to that stated in the recitals of page 2 of this agreement. 20 Vl. 21 To the extent permitted by law, CITY shall indemnify and save harmless COUNTY, its officers, 22 agents, and employees from and against all claims, demands, loss or liability of any land or nature which 23 CITY, its officers, agents, and employees may sustain or incur or which may be imposed upon them or 24 any of them for injury to or death of persons, or damage to property as a result of the negligence or 25 I 3 - 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Agreement No. DO1 -057 wrongful act or omission by COUNTY, its officers, agents, employees, or invitees in carrying out the terms of this agreement or exercising the rights herein granted. // IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite their respective signatures: Date: Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: LAURENCE M. WATSON, County Counsel ORANGE COUNTY, CALIFORNIA By: Deputy REVIEWED AND APPROVED Homer L, Bludau, City Manager COUNTY OF ORANGE, a political subdivision of the State of California M Chair of the Board of Supervisors CITY OF NEWPORT BEACH, a municipal Corporation By: GAROLD B. ADAMS, Mayor ATTEST: LAVONNE HARKLESS, City Clerk APPROVED AS TO FORM: Robert Burnham, City Attorney - 4 - I §| � §k`§ ■ ,§ § �\ Elm / ,§ Fk2 Attachment B .gig) ( k 222 ! I Gu -� - -_ §■m �■a£ .., Ln to LU # §ZC vi .gig) ( k 222 ! I