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HomeMy WebLinkAbout08 - 04BA-063 - Mariners Mile Waterfront Pierhead Line ExtensionCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 May 25, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, P.E. (949)644 -3311 Id alto n @city.newport- beach.ca. us SUBJECT: MARINER'S MILE WATERFRONT WALKWAY PIERHEAD LINE EXTENSION: APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES RECOMMENDATION: 1. Approve Amendment No. 1 to the Professional Services Agreement with Cash & Associates, and authorize the Mayor and the City Clerk to execute the amendment. 2. Approve a budget amendment in the amount of $15,000 from the Tide and Submerged Land fund balance, 230 -3605, to Tidelands Capital, 7231 - 05100314. DISCUSSION: Last year's budget contained an appropriation to retain a consultant to determine the feasibility of constructing a public walkway along the Mariner's Mile waterfront from Newport Boulevard to the Balboa Bay Club (Study). Subsequent to a qualifications — based selection procedure, Cash & Associates Engineering and Architecture (Cash) was selected to perform the Study and entered into a contract with the City. The completed Study was presented to City Council during its March 23, 2004 Study Session (see attached agenda item). The Study concluded that the walkway construction was feasible; however, a key component of constructing the public walkway would be to find the space needed to construct the walkway. Inasmuch as many parcels are built out to the bulkhead, in those areas the walkway would have to be built over water, where boats are presently docked. In other words, some of the space needed to construct the walkway within Mariners Mile could only be provided by relocating or eliminating boat docks. SUBJECT: Mariner's Mile Waterfront Walkway Pierhead Line Extension — Approval of Amendment No. Ito Professional Services Agreement with Cash & Associates May 25, 2004 Page 2 Unfortunately, there is no vacant space within the Mariner's Mile area to relocate the docks. In addition, most docks are already built to the maximum legal length into the bay, as defined by a federally - established 'pierhead line'. If these docks were moved further toward the bay, then they would illegally cross over this pierhead line and into the federally - established turning basin. To provide space for the walkway while maintaining the existing amount of dock space, Staff and Cash feel that the City should appeal to the federal government to reestablish the pierhead line bayward by the dimension that is needed to construct the walkway. This would allow all docks to be moved bayward, thus eliminating the need to compensate dock owners for permanent loss of slip space when the walkway must be built over water. In addition, the proposed pierhead line would provide additional dock space for all dock owners along the entire pierhead line. The proposed pierhead line extension would be needed along approximately 3,940 feet of Mariner's Mile, parallel to and approximately 20 feet landward of the federal navigation channel dredging limit. However, in practice, the extension would apply to the entire 7,040 -foot length of the pierhead line, beginning near Newport Boulevard and ending at the navigational channel to Upper Newport Bay. At the City's request, Cash has proposed to provide the engineering services needed to investigate extending the pierhead line further into the bay (see attached proposal). Cash suggests that services be phased, so that progress could be reported to the City, who would then determine if it wishes to proceed with additional phases of work. Phase 1 would provide for Tasks 1 and 2 of Cash's proposal, including: Obtaining information on physical and biological conditions of the site, including ocean engineering and environmental coordination by subconsultants Everest International Consultants, Inc., and The Chambers Group; Meeting with representatives from approximately 10 regional, state, and federal agencies that will have an interest in the pierhead line extension in order to identify their concerns and need for information; and Managing the work and providing detailed meeting minutes, as well as providing the documents and illustrations needed to describe and submit documentation to the various agencies. Cash has roughly described certain additional services as Tasks 3 through 5 in their proposal; however, at this time it is impossible to envision exactly what work will be needed. Staff therefore recommends that the City contract only for Phase 1 services at this time. If during the completion of Phase 1 services Staff determines that additional work is needed, Staff will request the City Council to direct that the additional work be done and approve additional funding for the work. SUBJECT: Mariner's Mile Waterfront Walkway Pierhead Line Extension — Approval of Amendment No. Ito Professional Services Agreement with Cash 8 Associates May 25, 2004 Page 3 Environmental Review Not applicable at this time. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following account for the project: Account Description Account Number Amount Tidelands - Capital 7231- C5100314 $15,000.00 Prepared . R. Dalton, ign Engineer Submitted by: Attachment: Amendment No. 1 to Professional Services Agreement March 23, 2004 Council Report Budget Amendment AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH CASH & ASSOCIATES FOR MARINERS MILE WATERFRONT WALKWAY THIS AMENDMENT NO. 1 TO PROFESSIONAL- SERVICES AGREEMENT, entered into this day of , 20_, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and CASH & ASSOCIATES, whose address is 5772 Bolsa Ave., Suite 100, Huntington Beach, California, 92648, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On June 24, 2003, CITY and CONSULTANT entered into a Professional Services Agreement, (hereinafter referred to as Agreement) to prepare a feasibility study for Mariners Mile Waterfront Walkway, (hereinafter referred to as Project) This Agreement is scheduled to expire on July 1, 2004. C. City desires to enter into Amendment No. 1 to reflect additional services not included in Agreement and to extend the term of Agreement to July 1, 2005. D. City desires to compensate Consultant for additional professional services needed for Project. E. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for services performed pursuant to Amendment No. 1 according to "Exhibit A" dated May 4, 2004 attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to Amendment No. 1 for all work performed in accordance with Amendment No. 1, including all reimburseable items and subconsultant fees, shall not exceed Fifteen Thousand Dollars ($15,000). 3. The term of Agreement shall be extended to July 1, 2005. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed Amendment No. 1 on the date first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A Municipal Corporation 0 City Attorney Mayor for the City of Newport Beach for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk Attachment: Exhibit A CASH & ASSOCIATES: in ('n CASH & ASSOCIATES lJ 1 Engineering and Architecture May 4, 2004 City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 Attention: Mr. Lloyd Dalton Subject: Mariners Mile Project Pierhead Line Extension — Entitlement Process (C&A Proposal No. 96039.01) Gentlemen: Elliott H. Boone Randy H. Mason Wilfrido B. Simbol Kerry M. Simpson In accordance with your request, we are pleased to submit this proposal for Engineering Services on the subject project. BACKGROUND Based on the Mariners Mile Walkway development process, Cash & Associates suggested that the City of Newport Beach pursue potential entitlement for the extension of the pierhead line along the Mariners Mile walkway route. This proposal outlines the various scope and steps involved in the federal and state process. Cash & Associates has invited the firm of Everest International Consultants, Inc., and their subconsultant, The Chambers Group, to provide the ocean engineering and environmental coordination portion of this process. Cash & Associates will manage the work, as well as provide the documents and illustrations needed for describing and submitting documents to the various State and Federal agencies. This proposal is strictly structured for the portion of work to obtain the entitlement to move the pierhead line. Any construction documentation that may be required to provide final drawings and calculations, if necessary, would be part of a subsequent proposal and phase of this work. The study area, known as Mariner's Mile, covers the existing dock system and navigation channel between Lido Island and the Pacific Coast Highway. The study area extends approximately 6,300 feet along the eastern landside boundary of the navigation channel. There is a dock system that runs along the study area and the landside portion is characterized by commercial uses such as restaurants, boat sales, and boat maintenance facilities. The pierhead line runs parallel to the existing federal navigation channel dredging limit and it is located approximately 20 feet landward of the dredging limit. 5772 Boise Avenue, Suite 100 . Huntington Beach, CA 92649 USA . TEL 714.895.2072 a FAX 714.895.1291 Web Site www.cashassociates.com a A California Corporation City of Newport Beach Mariners Mile Project— Pierhead Line Extension Lloyd Dalton (C &A Proposal No.96039.01) May 4, 2004 Page 2 Our team will be responsible for obtaining the permits and agreements needed for pierhead line realignment, if possible, as well as team members providing the biological and environmental review consulting services needed for pierhead realignment entitlement process. SCOPE OF WORK Engineer will provide the following services: Task 1: Characterize Existing Conditions Existing data and prior reports will be reviewed to obtain information on the existing physical and biological conditions of the site. No new fieldwork will be performed. The type of information that will be researched will include bathymetry, property boundaries, dredging limits, pierhead line, and habitat areas (e.g., presence /absence of eelgrass). The history of the pierhead line establishment will be researched to provide background information, including functional requirements and responsible agencies. Task 2: Meet with Agency Representatives Meetings will be held with representatives from the agencies responsible for establishing and overseeing the pierhead line. The purpose of the meeting will be to identify the information needs of the agencies required for pierhead realignment. It is anticipated that the following agencies will be involved in the meeting. • City of Newport Beach (City) • County of Orange (County) • U.S. Army Corps of Engineers (USACE) • U.S. Coast Guard (USCG) • California Department of Boating and Waterways (DBAW) • National Marine Fisheries Service (NOAA Fisheries) • U.S. Fish and Wildlife Service (USFWS) • California Department of Fish and Game (CDFG) • California Coastal Commission (CCC) • California State Lands Commission (SLC) • Santa Ana Regional Water Quality Control Board (RWQCB) Detailed meeting minutes will be provided to summarize the discussion items for each meeting, for the record. These notes will be distributed to all interested parties. Action items will be created that may require further study and/or action. At the completion of Task 2, an assessment of the likelihood and associated costs of obtaining entitlement to extend the pierhead line will be presented. If it is determined that the extension is feasible, and the City of Newport Beach is interested to continue, C&A will rebudget, propose and then continue into the next phases. City of Newport Beach Mariners Mile Project — Pierhead Line Extension Lloyd Dalton (C&A Proposal No.96039.01) May 4, 2004 Page 3 Task 3: Prepare Pierhead Line Realignment Work Plan Based on the outcome of Task 2 and the information obtained during Task 1, a work plan will be prepared to define the deliverables that need to be submitted to the responsible agencies to obtain the required permits and agreements. At this time, it is anticipated that the following permits and agreements may be needed for pierhead line realignment, along with supporting documentation (e.g., maps). • Rivers and Harbors Act Section 10 permit • City permits (e.g., special use, fire, and coastal development) • County permits and agreements (e.g., special use and fire) • Clean Water Act Section 404 permit • Clean Water Act Section 401 permit • CDFG Section 1600 Streambed Alteration Agreement • Coastal Act Coastal Development Permit • Endangered Species Act Section 7 consultation Since this pierhead realignment project does not involve construction or maintenance activities, several of the permits noted above may require only abbreviated submittals. However, coordination with the agencies responsible for overseeing these permit/agreement programs will still be necessary. The agencies responsible for navigation public health and safety (e.g., City, County, USACE, USCG, and DBAW) will be involved in approving any changes to the pierhead line alignment. In addition, some documentation may be required under California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), and identification of any level of effort would need to be defined for work plan preparation. Task 4: Prepare Pierhead Line Realignment Documentation The tasks identified in the work plan will be completed to prepare the necessary documentation for pierhead line realignment. The information will be compiled into a draft deliverable that will be submitted to the responsible agencies for review. The deliverable will be revised based on comments received from the responsible agencies and a final deliverable will be submitted to the same agencies to begin processing the City's request for pierhead line realignment. We will provide the graphics necessary to complete the deliverables for this task. The full scope of work for this task will be defined as part of Task 3, after the initial agency meeting defined in Task 2. For budgeting purposes it is assumed that a brief initial study checklist will be prepared in accordance with CEQA only to identify potential issues (not for CEQA purposes), and that permit documentation will be prepared for the permits listed above; however, this will be verified during the initial agency meeting (Task 2). Task 5: Attend Meetings In addition to the agency meetings identified under Task 2, we have estimated attending up to two additional meetings with the City Staff. Additional meetings beyond this limit would be on a time and material, as- needed basis. City of Newport Beach Lloyd Dalton May 4, 2004 Page 4 3.0 Schedule Mariners Mile Project — Pierhead Line Extension (C&A Proposal No.96039.01) It is anticipated that the five tasks defined in Scope of Work will be completed within six months. The first two tasks will be completed within eight weeks from receiving a written notice to proceed depending on the availability of agency representatives to meet. 4.0 Fee Estimate It is anticipated that the scope of work presented will be completed according to the schedule presented below, on a time and materials basis according to the task breakdown provided in Table 1. The Phase 1 effort (Tasks 1 and 2) includes characterization of existing conditions and participating in the meetings with agency representatives. In addition, environmental research is also made part of these two tasks. The Chambers Group will be providing environmental services for our team. The fee estimates provided for the last three tasks noted in Table 1 are based on the assumption that the quantity and quality of existing data will be sufficient to complete the scope of work as described above. The final scope and fee estimate for these last three tasks will be assessed at the completion of Task 2, and presented to the City. We will not proceed on Tasks 3 thru 5 without the authorization of the City. For Engineering Services outside the Scope of Work, we propose to charge in accordance with Exhibit D, "Rate Schedule" dated July 2003. Our Rate Schedule will be updated in July of 2004, to reflect merit and cost -of- living increases for individual employees and classifications. Any new Rate Schedule will be the basis of budget estimates and invoicing, for the appropriate work period. Our procedure is to invoice at the end of the month for work completed during the month, or upon completion of the work if completed within thirty days. Our terms are Net 30 Days from date of invoice. Table 1. Fee Estimate Task Breakdown Thank you again for giving us the opportunity to be of service to the City of Newport Beach. Please contact me at (714) 895 -2072 with any questions or comments you have regarding this proposal. ITEMS PROVIDED BY OTHERS 1. Bathymetric survey of the harbor, within the limits of this study. It is our understanding that the City has recent survey data provided by the Army Corp of Engineers that should satisfy these requirements. Task Description Fee Estimate 1. Characterize Existing Conditions — Phase 1 $10,000 2. Meet with Agency Representatives — Phase 1 $ 5,000 3. Prepare Pierhead Line Realignment Work Plan - Phase 2 $ 3,500 4. Prepare Pierhead Realignment Line Documentation — Phase 3 $35,000 5. Attend Meetings/Documentation — Phases 2 and 3 $ 5,000 Total $58,500 Thank you again for giving us the opportunity to be of service to the City of Newport Beach. Please contact me at (714) 895 -2072 with any questions or comments you have regarding this proposal. ITEMS PROVIDED BY OTHERS 1. Bathymetric survey of the harbor, within the limits of this study. It is our understanding that the City has recent survey data provided by the Army Corp of Engineers that should satisfy these requirements. City of Newport Beach Mariners Mile Project — Pierhead Line Extension Lloyd Dalton (C&A Proposal No.96039.01) May 4, 2004 Page 5 ITEMS EXCLUDED 1. In -depth environmental assessments, studies and /or reports. 2. Environmental Best Management Practices documentation. 3. Geotechnical reports. 4. NPDES permit compliance. 5. Marine biology bio -assay reports 6. EIR/EIS studies and reports If this proposal is acceptable, please sign in the space provided below and return one copy to us, or create a change order to our existing contract with the City of Newport Beach. All terms and conditions established for our existing contract with the City of Newport Beach would be binding for this effort, as well. Thank you for the invitation to present this proposal and we look forward to the opportunity of working with you. Very truly yours, CASH & ASSOCIATES Randy H. IPson, P.E. President Enclosures This proposal and the attached Exhibits D have been read and are understood. The undersigned authorizes CASH & ASSOCIATES to proceed with the work described. M Title: Date: REF: g.Vrojec1MrhrnM391603900 Change Order Request 2- Pierhd.doc City of Newport Beach Mariners Mile Project - Pierhead Line Extension Lloyd Dalton (C&A Proposal No.96039.01) May 4, 2004 Page 6 JULY 2003 RATE SCHEDULE FOR ENGINEERING SERVICES ON A TIME AND MATERIAL BASIS (1) EXHIBIT D HOURLY OVERTIME PROJECT DIRECTOR 150.00 150.00 TERMINAL PLANNING SPECIALIST 150.00 150.00 SR. PROJECT MANAGER 135.00 135.00 PROJECT MANAGER 125.00 125.00 SENIOR ENGINEERING SPECIALIST 125.00 125.00 SENIOR ENGINEER/PROJECT ENGINEER 120.00 120.00 PROJECT ARCHITECT 100.00 100.00 ARCHITECT 95.00 95.00 ENGINEER III 110.00 110.00 ENGINEER II 100.00 100.00 ENGINEER 1 90.00 90.00 ENGINEER 80.00 80.00 COST CONTROL MANAGER 70.00 70.00 PROJECT DESIGNER 111 95.00 114.00 PROJECT DESIGNER 11 85.00 102.00 PROJECT DESIGNER 1 80.00 96.00 SENIOR DESIGNER/CAD OPERATOR 111 75.00 90.00 DESIGNER/CAD OPERATOR 11 70.00 84.00 DRAFTER/CAD OPERATOR 1 65.00 78.00 PERMIT PROCESSOR/COORDINATOR 70.00 84.00 SPECIFICATION PROCESSING 65.00 78.00 WORDPROCESSOR 65.00 78.00 CLERICAL 50.00 60.00 In addition, for direct outof- pocket expenses (if and when they occur) we quote the following: 1) In -House Repro: Blueprint $.10 to $1.50 per square foot -depending on type of paper Plotting $.80 to $2.00 per square foot - depending on type of paper 2) Automobile: $.365 per mile 3) Travel Expense: at Cost 4) Subsistence: Away from home office more than one day: at Cost. rat to exceed $150.00/day /per man. 5) Plan Check and Building Permit Fees: at Cost plus 15% mark -up. 6) Third Party Services: at Cost plus 15% mark -up. a) Surveying b) Soils investigation C) Materials testing laboratory work d) Consultant and subcontract professional fees e) Outside reproduction services Payments due under this schedule shall bear Interest at the rate of ten percent per annum commencing thirty (30) days after the date of invoice. Terms are Net - Thirty Days. (1) Assume 2.5% to 7.5% rate increases, based on individual classilicetion, for year 2004. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Item No. 2 March 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, PE 949 -644 -3328 ldalton@city.newport-beach.ca.us SUBJECT: MARINERS MILE WATERFRONT WALKWAY FEASIBILITY STUDY RECOMMENDATION: Review the study results and provide staff direction on possible further actions regarding the walkway feasibility. DISCUSSION: The FY 02 -03 budget contained an appropriation to retain a consultant to determine the feasibility of constructing a waterfront walkway along Mariners Mile from Newport Boulevard to the Balboa Bay Club. This Study has been completed by Cash & Associates Engineers and Architects (Cash), and it has been reviewed by the Harbor Commission. The summary of the Study and the Harbor Commission's comments are attached hereto. Copies of the complete Study are available in the Public Works Department for review. A major portion of Cash's work was to research property and business ownership along the waterfront and to schedule individual onsite meetings with business and property owners. In these meetings, Cash explained the components of the Study, disclosed ownership of easements within the parcels, and received verbal input concerning the project. Some owners agreed to follow up the meeting with their written comments, all of which are included in the appendix to the Study. In summary, the Study indicates that it is feasible to construct the walkway, although it would be a lengthy, controversial, and costly project. Many easements already exist along the waterfront for such a project and from Pacific Coast Highway (PCH) to the waterfront. Certain of these easements may need to be widened or renegotiated in order to be used for the proposed project, while other easements would need to be purchased or voluntarily dedicated to make the project viable. SUBJECT: Mariners Mile Waterfront Walkway Feasibility Study March 23, 2004 Page 2 Many privately -owned buildings and structures along the waterfront would need to be modified or strengthened in order to build the walkway. The Appendix of the Study includes, photographs of each parcel along the waterfront and estimated costs to buy land and construct the walkway within or adjacent to each parcel. Today, most Mariners Mile dock installations extend into the Bay to the maximum legal limit, as defined by a federally - established 'pierhead line'. If a waterfront walkway was to be built along Mariners Mile, the 10t foot space needed to construct the walkway could be provided by relocating or removing some of the boat docks. Removing the docks would be very costly, since the City would need to compensate their owners for their permanent loss of dock space. Removing them would also be counterproductive to the City's renown as an enclave for pleasure and commercial boating facilities. There is no space to relocate docks within the Mariners Mile waterfront. However, the docks could be moved further into the bay, but then most of them would cross over the pierhead line. To mitigate this, Staff could request the federal government to reestablish the pierhead line further out into the bay. This would allow the existing docks to be simply moved outward, thus eliminating the need to compensate dock owners for permanent loss of slip space. Obtaining federal permits and approvals needed to reestablish the pierhead line would be a lengthy, tedious, and costly exercise. The Summary of the Study cites that it would take approximately 18 to 39 months and cost about $150,000.00 to $500,000.00 to produce the environmental detail and assessments required to accomplish this task. The time and cost relates to the extent of pierhead extension requested and the number and type of studies required to justify the extension. Certain Mariners Mile business and property owners would also seek compensation from the City for devaluation of property value due to impeded access to docks, obstruction of views, or other physical impairment caused by the walkway. This is the case where the proposed walkway would interfere with views from a restaurant, impede use of boat launching facilities, etc. During the Harbor Commission meeting, several comments were made relating to providing more analysis regarding the physical and economic benefits and investigating complimentary issues such as pedestrian circulation and parking in the Mariners Mile area. The project would undoubtedly attract more visitors to the Mariners Mile area; accordingly, the project must be coupled with the need to provide additional public parking and pedestrian access to the walkway. It was suggested that it may be feasible to build a public parking garage on the inland side of PCH and a pedestrian bridge over PCH to facilitate public access from the parking garage to the walkway. These concepts were not included in the scope of work for the walkway feasibility study. SUBJECT: Mariners Mile Waterfront Walkway Feasibility Study March 23, 2004 Page 3 If the City Council desires to move forward with the project, staff recommends that the City Council direct staff to begin obtaining the approvals and permits needed to extend the pierhead line into the turning basin so as to avoid displacing dock space. In addition, the City Council may wish to direct staff to investigate the pedestrian circulation and parking issues throughout the Mariners Mile business area including the feasibility of building a public parking garage on the inland side of PCH and a pedestrian bridge over PCH to join the walkway. If staff determines that consultant services are needed to accomplish the City Council's direction, staff will request the City Council to approve a budget amendment to provide for such services at a later date. Environmental Review: Not applicable at this time. Funding Availability: Not applicable at this time. Prepared . .•b_. De:26gn Engineer Attachments: Study Summary Harbor Commission Comments Submitted by: e en G. Badum PAlic Works Director Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach Public Works Department INTRODUCTION The following report is a collaborative effort between individuals representing the City Council, City of Newport Beach Public Works, individual property owners along the study area, Paragon Partners Ltd. providing the land and water value study, and Cash & Associates, to assess the feasibility of constructing a walkway along the waterfront area know as Mariner's Mile. Mariner's Mile is composed of 24 separate parcels, representing 19 separate ownerships. Among the predominantly private ownership of this strip of land is one ownership by the State of California (Orange Coast College) and one non - profit organization ownership (Boy Scouts of America). The concept of a waterfront walkway along Mariner's Mile has been of interest to various community leaders over the last 20 years. The California Coastal Commission has requested the City of Newport Beach to investigate the potential for this walkway for several years, as providing public access to the water's edge is a primary charter of the Commission. The Mariner's Mile Walkway is a controversial proposal, as it would traverse through predominantly private property that currently encompasses various uses ranging from commercial to residential. For the purposes of this report, reference to the `Design Team" refers to Cash & Associates, led by Mr. Randy H. Mason, and Paragon Partners Ltd., led by Mr. Charles Wadell, Jr. Meetings with City Council members Mr. Tod Ridgeway (Mayor) and Mr. Don Webb, along with Mr. Lloyd Dalton of Public Works were held to understand the nature of the proposed walkway as well as obtain an understanding of existing easements and conditions. CASH & ASSOCIATES 1 Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department A. CITY AND DESIGN TEAM GOALS The Goals provided to Cash & Associates by the City of Newport Beach for this project were simple: Assess the technical feasibility as well as the associated project build -out costs for a continuous walkway along Mariners Mile waterfront. The purpose of this walkway are stated as follows: There are currently few opportunities for either citizens of Newport Beach or outside tourists to have access to the water's edge. This is particularly true along one of Newport Beach's noteworthy spots; Mariners Mile. Other major waterfront cities in the United States have created waterfront boardwalks along city coastlines that have become destination points and fostered local business success and growth. The City of Los Angeles is currently embarking on an ambitious waterfront enhancement program in San Pedro and Wilmington to bring new life to a tired waterfront. The City of Long Beach has embarked on a major campaign to upgrade the waterfront with the recent Queensway Bay project, aquarium and commerciaUresidential developments along the downtown Long Beach waterfront. The Lido Village boardwalk in Newport Beach is also an example of a public walkway along the waterfront that attracts public use and enhances local business. It is envisioned that a new continuous boardwalk along the waterfront of Mariners Mile will rejuvenate the area, providing access for adjacent and City -wide residents as well as tourists, promoting local business establishments and creating a positive atmosphere, now and in the future. The City of Newport Beach recognizes that this project possesses both technical as well as property use and ownership challenges. The City believes that the potential benefits of this walkway are worth pursuing, but require this feasibility study to assess the issues and costs before making final judgement. The City of Newport Beach requested a non - biased assessment of the issues and an independent evaluation of this plan by Cash & Associates. To this end, the City of Newport Beach has neither guided the study, nor attended the various meetings between the Consultant and the individual property owners, so as not to influence the nature of the discussions and study development. The Goals of the Design Team included assessing potential options for the proposed walkway including landside and waterside solutions assessing technical and safety issues, accommodating ADA access and compliance, and proposing pathways that minimize cost and disruption to existing uses. The City of Newport Beach desired a wide boardwalk, in the range of 8 to 10 feet wide if possible. As noted later in the study, some areas along the pathway cannot attain these widths without major construction and are proposed to be narrower, due to existing site constraints and associated costs and impacts to widen these walkways. Due to project study funding limitations, it was not the intent to exhaust every project alternative and assess each and every project cost associated with the proposed walkway. The intent of CASH & ASSOCIATES 2 Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department this study is to determine technical feasibility and "order -of- magnitude" costs associated with the project, and to determine the desire of the City and Community to continue their interest in this project. Therefore, the detailed cost estimates in the rear portion of this report have been broadly bracketed, to account for the conceptual level of this study and the wide range of potential impacts on the cost of this project. It is important to note that the architectural theme and treatment of the walkway, including material selections, railings, seating, lighting and landscaping, although all very critical factors to the planning, design, and a successful development, was not the focus of this study and would be subject of future study, planning and detailed costing, when deemed appropriate. For the purposes of providing a comprehensive construction cost estimate, generalized unit costing for the architectural treatment of the walkway for the items noted above have been included in the construction cost estimates in this report. B. EXECUTIVE SUMMARY A walkway along the Mariner's Mile waterfront is technically feasible. Special technical challenges exist along several of the properties, in particular the various boat yards, but solutions exist for each property. In order to provide this walkway as a continuous pathway along the waterfront, the route traverses over both existing landside and waterside spaces. Some pathways utilize existing parking lot areas and building corridors, while other potential routes occupy water space currently occupied by floating docks and boats. Property owners were contacted and the project issues discussed. There was a wide range of responses voiced regarding the merits of this project. Some owners perceived a public or commercial benefit resulting from the proposed walkway, while others did not. All property owners had specific concerns about various aspects of the walkway, regardless of their position for or against the project. These issues and concerns are included in the body of this report. Refer to the Appendix of this report for formal communications from property owners willing to express their opinions in writing. These letters and/or written communications were provided upon request of the Design Team for inclusion in this report. Based on the proposed pathways noted in this report, the estimated 1� quarter 2004 construction cost for this project is between $3,000,000 and $5,000,000. "Soft' costs associated with design and project contingency could range between $750,000 and $1,250,000. Land acquisition associated with this project could add between $2,500,000 to $4,000,000. Costs associated with obtaining approval to extend the pierhead line beyond current limits could range between $150,000 to $500,000, depending on the environmental detail and assessments required, and take between 18 to 39 months to complete. These estimates assume that the majority of lost water space can be recreated by extending the pierhead line further into the channel, thus not impacting water space revenue over the long- term. If the Federal pierhead line cannot be relocated to mitigate lost water space caused by the walkway layout, a cost range of between $1,000,000 to $3,000,000 may become an I additional project factor. CASH & ASSOCIATES 3 Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department Other potential project cost impacts may include business interruptions, severance damages, temporary construction period impacts, and other potential related costs and damages were not a focus of this report, but should be investigated further, if this project proceeds. Conversely, potential benefits of the walkway that may include extinguishment of public easements that could revert back to the individual property ownerships, as well as potentially enhanced business environments, were not factored into this study. Based on our understanding of the funding for this project, it is not the intent of the City of Newport Beach to have the impacted private property owners along the Mariner's Mile alignment pay for the improvements associated with this walkway. Funding would be generated through various public mechanisms and possibly augmented by private contribution. C. STUDY PROCEDURE AND WORK PLAN The procedure for this study was as follows: 1. Meet with City officials to determine project goals and discuss project challenges. 2. Determine property ownership. A formal title report process was not part of the project scope; therefore, ownership listings were obtained through various City inquiries and field discussions with property managers and owners. 3. Project Notification to Property Owners: Several notifications were sent to property owners and managers regarding the nature of the study, and scheduling meetings with each property owner and/or representative to discuss the specifics of each property. 4. Aerial photographs, field surveying/dimensioning and still photographs were utilized to establish a baseline for the various layouts and options. 5. Pathway concepts were developed for each property. In some cases, two to three alternative concepts were developed for consideration, due to special issues and challenges. 6. Meetings were scheduled with each property owner and /or property manager. Program goals and pathway concepts were presented, and comments were received from each property representative. A letter was requested from each property owner stating support or opposition, as well as any specific issues or concerns that represented the owner's specific circumstance. 7. Conceptual Walkway Development Plans were revised based on further development and information obtained at these meetings. 8. Construction cost estimates were prepared for each site. Land/water acquisition costs were also evaluated and quantified by initiating a study of recent property sales. Other potential project costs have been listed in this report, but have not been quantified and would be subject to further study in a subsequent project phase. CASH & ASSOCIATES 4 Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department 9. This report was assembled from all the communications, studies and documents developed during the course of this study. D. WALKWAY DEVELOPMENT PLANS The existing, proposed and alternative conceptual development plans for each parcel are provided in Section 1 of the Appendix. An aerial photograph of the walkway extent has been provided in Fig. 1a that follows, with various easements and Federal bulkhead and pierhead limit lines noted. The Mariner's Mile project has been divided into six (6) "zones ", as presented in Fig. 1 b that follows, and in Section 1 of the Appendix. There is no special significance to the organization of the six zones other than for purposes of presentation and consolidation, to clearly illustrate the properties at a reasonable drawing scale. Each parcel along the pathway is illustrated in Section 1 noting both the existing conditions as well as the proposed walkway plans. Figs. 2a & 2b that follow, identify the limits of this study. CASH & ASSOCIATES 5 `'` -,tea �'r•_�',;5�.'�i 1 _ 1 .. 1t:r�:I.& ••.'a� 4i wti;'3 ma . i — s 1 _ 1 .. 1t:r�:I.& ••.'a� 4i wti;'3 ma . i — s Y' Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department It should be noted that the Walkway Development plans are not based on discussions with the City of Newport Beach and would be subject to their ultimate review and approval, as well as other governing agencies. Based on Design Team's experience with similar projects and a knowledge of agency concerns, the proposed plans are consistent with accepted policies and it would be expected that local, state and federal approvals could be obtained. In addition, all concepts, alternatives, and options for this walkway are the brainchild of the Design Team, and should not assume that individual property owners or City officials necessarily agree with or sanction all of the concepts represented in these Walkway Development plans. The California Coastal Commission has been contacted, and the general concept of this public walkway expressed. Based on these discussions, the California Coastal Commission is in support of this plan, and will review the project in greater detail once it is formally submitted. Existing pedestrian pathway easements, either horizontal (parallel to the waterfront) or vertical (perpendicular to the waterfront connecting to Coast Highway), property, federal pierhead and bulkhead lines are noted on the Walkway Development plans in this report. All easements and various legal lines must be verified once full Title Reports are authorized. Various "Walkway Types" are noted in the following Fig 3, representing various cross - sectional details and concepts for the public walkway. A detailed condition survey of the existing seawalls, owned by individual property owners, was not an element of the scope of work for this project. Based on age and the brief observations made during our site walks, most seawalls will require structural rehabilitation and /or replacement in the coming years and could experience damage during a major localized seismic event. Based on uncertainties regarding seawall condition, we have selected 'Type I" from Fig 3 as the over - the -water walkway. This walkway type does not rely on support offered by the existing seawalls. All project costing is based on the Type I walkway, where the walkway route is over the water. Fagade Improvements: The introduction of this new pedestrian walkway along the waterfront will expose the public to portions of existing properties that previously were not subject to public view. Improvements would be necessary to rear and side yard areas, screening of utilities and trash enclosures and improvements to wall finishes, landscaping, etc, to provide a durable and aesthetic walkway. CASH & ASSOCIATES 10 �;. � - -- y> ,,. >��; G G.Q. , - %� �„nd' �� —_ "lrp =ii I..:i... :� u .�`\ �i n N f'� i i ICS /. ��` /� n �,� n ..._ _ . i pQ!:.p 0 a i \��` � ;•` �� r: � ;�" __- � \� i" ��� h �� ' � 1� \`�` _ - 111 \ \���� - �,... .,. Mariner's Mile Waterfront Walkway Feasibility Study (C-3546) City of Newport Beach, Public Works Department ZONE The east edge of the Newport Blvd Bridge over the Newport Blvd Channel defines the westerly boundary limits of the Mariners Mile study area. Zone 1 is composed of the multi -story 3333 Coast Highway commercial building, marina and parking lot, owned by Golden Shores. This property already has both vertical and horizontal easements established from previous capital project improvements. The majority of boardwalk along this waterfront in this zone is 10 feet wide, with isolated locations narrowing to 5 feet wide due to the installations of the Harbormaster office and a gangway approach ramp. In general, the existing walkway width appears adequate. Site improvements to support the walkway project would include relocating a stair and an ADA chair lift alongside the multi -story building, and providing a cantilevered sidewalk extending over the adjacent property line along the Villa Nova Restaurant. General upgrades to pavement, sidewalks, railings, lighting and landscaping would also be part of the overall plan. ZONE 2 Zone 2 includes Villa Nova Restaurant, The Towers, and Mariners Mile commercial building. Villa Nova Restaurant: The pathway across this property is planned to run over the water, as the building is located over the water's edge on piles. A 6 to 8 foot wider pile- supported walkway is proposed to connect from the 3333 Coast Highway property to the adjacent The Towers interface. This pathway would impact the existing docks and gangway access, resulting in a loss of slip rental, unless pierhead lines can be relocated channelward. The Villa Nova ownership requested this planned walkway not be located directly against the existing building frontage and include a clearance space, providing a more comfortable atmosphere for restaurant patrons. It was also requested to lower the walking path, if possible, so as not to limit views of customers seated and dining in the restaurant. The Towers: The pathway across this property is proposed to be located through and beneath the waterside Tower. It is proposed that the pathway be supported from the existing concrete pile -cap girders spanning the Tower support columns and supporting the floors above. The additional weight of the walkway is considered negligible in comparison to the weight currently being supported by the foundation of the building, but this would need to be verified by a structural engineer at a later date. The pathway would impact the existing docks resulting in a loss of berthing area, unless pierhead lines can be relocated channelward. The walkway width is proposed to be between 6 to 8 feet wide. Mariner's Mile Building: The building already has a waterfront walkway easement that serves only this parcel. This walkway is located approximately 3' -6" below the top of seawall. At high tides, the walking surface is below the harbor water level, and the seawall is required to prevent water from flooding the office space of the first floor. CASH & ASSOCIATES 12 Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department Utilizing the existing pathway and easement in any new proposal provides two challenges at the two far ends of the property. In particular, if the existing easement were a part of the new walkway, it would be necessary to create a ramp over the existing bulkhead at the west end of the property and ramp down to the existing walkway easement. Obtaining headroom beneath the overhang for this route would require great expense and would alter the building and support of upper floors. A similar challenge exists on the east end of the property. Due to these conditions, an independent walkway located channelward from the seawall is proposed. This walkway is proposed to be 6 to 8 feet wide. Due to the approximate 3.5 to 4.0 foot elevation differential between these two parallel walkways, we would not suggest a lateral connection, thus making both walkways independent from one another. This over - the -water pathway will impact the existing docks resulting in a loss of slip rental, unless the pierhead line can be relocated channelward. ZONE 3 Zone 3 includes The Waterfront commercial building, the Chart House and related office building, Billy's Restaurant, the Rusty Pelican Restaurant, and Larson's Shipyard and related office buildings. Pathway widths are suggested to be between 6 to 8 feet, unless noted otherwise. The WaterFront: The Waterfront commercial building currently has an approximate 10 foot pedestrian walkway across the frontage of the property, and little other work is deemed necessary. An ADA- compliant ramp is required to replace the existing stair interface, between The Waterfront and building to the east that includes the Chart House restaurant. Chart House: The Chart House Restaurant property also has an existing walkway that requires cosmetic upgrade. This walkway narrows in spots to a little over 5 feet in width, due to columns that support the upper floors and roof. Widening this walkway beyond it's current width would require relocation of the marina, and would still include restrictions at the columns that support the upper floor and roof. Due to these conditions, we are not suggesting a widening of this walkway. Billy's: Billy's Restaurant has an existing walkway approximately 7 feet in width, that requires some remedial concrete repair. At the interface between Billy's and the Rusty Pelican, a new ADA ramp will be required to accommodate the change in elevation between these two properties. Rusty Pelican: An elevated over - the -water walkway is required, and is suggested to be incorporated as part of the existing structure and deck within the alignment of the proposed walkway. This proposed walkway could be incorporated with the tenant's desire to create a narrow patio area with outdoor seating. The existing deck requires structural upgrade and is currently used as a platform for washing the frontage windows. The existing gangway leading down to the docks must be relocated, and this proposal would result in a loss of water space to the marina, if the pierhead line can not be moved channelward. CASH & ASSOCIATES 13 Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department A major challenge associated with this property is the boat yard to the east. The waterfront walkway proposal at this interface will require a bridge. Many different types of bridges could be designed for this site, but a hydraulic lift bridge hinged on the Rusty Pelican side of the water space property is currently being represented in this report as a feasible concept. There appears to be sufficient water and land space between the restaurant and the property line to develop all foundations and hydraulic equipment necessary for a bridge or this type. Bridge operation would be controlled by Larson Shipyard personnel, with appropriate pedestrian safety gates, electronic signage, and secondary landside access to bypass the bridge path, when the bridge is up and the public desires to pass. Similar pedestrian bridges exist along the waterfront in other locations in the United States and can become another point of interest for the public. An architectural theme for this bridge should be developed and incorporated into the design. Fig. 4 illustrates the basic concept of this hydraulic bridge, for reference. Larson's Shipyard: The bridge from the Rusty Pelican site would terminate at a new pile - supported girder along the face of the piled- supported office building. An existing walking deck (8 to 9 feet in width) is in place along the waterfront of this office building and is being proposed to be the continuation of the Mariner's Mile pathway. Along the eastern face of the office building, a new pile- supported walkway is required over the water (6 to 8 feet in width), as the building is located on the seawall's edge. This walkway will eliminate dock space and will result in a loss of revenue, unless the pierhead line can be relocated channelward. CASH & ASSOCIATES 14 ■ ` �� � # | | | | — | — ) — �- t.alti . � J � § |2 } � E |T15 \ ` Hal R} _ § § ` • % | § § IZ Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department ZONE 4 Zone 4 includes the following facilities: Port Calypso /Marina Properties, Joe's Crab Shack Restaurant, Josh Slocums Restaurant, the Wig Shop /Residences, South Shore Yacht Club, Bayport Yacht, and the Hornblower Cruises office complex. Port Calypso/Marina Properties: The frontage along the walkway of the Port Calypso property is composed of a parking lot. Although a landside walkway is feasible, it would eliminate several parking spaces and is considered undesirable. Therefore, a short section of landside walkway, along with a pile- supported walkway over the water is proposed. The over - the -water walkway may impact the existing docks, and result in some loss of revenue, unless pierhead lines can be relocated channelward. Joe's Crab Shack: The Joe's Crab Shack Restaurant property has no existing access around the channelside face of the complex, since the building is located directly adjacent to the seawall. The west face of the building has a narrow walkway, steps and a platform that serves one exit doorway. A narrow 4 foot walkway exists on east side of the building and could be incorporated into the public walkway. Due to these conditions, a new 6 to 8 foot wide pile - supported walkway is proposed on the west and south faces of the building. This independent walkway will impact the dock system revenue, unless the pierhead line can be relocated channelward. Josh Slocums: This restaurant is supported by an existing gravity seawall and no waterfront space exists for a walkway. A new 6 to 8 foot wide pile- supported walkway is proposed to be located adjacent to the existing seawall. This walkway may impact the existing docks, and result in some loss of revenue, unless pierhead lines can be relocated channelward. Wig Shop/ Rear Residences: It is proposed that the over - the -water walkway extend across this property, as well, so as not to interfere with the existing landside property open spaces. This walkway may impact the existing docks, and result in some loss of revenue, unless pierhead lines can be relocated channelward. South Shore Yacht Club: It is recommended that the new walkway return onto existing paved surfaces along the frontage of the South Shore Yacht Club. It is proposed that this walkway be approximately 6 foot wide. If the existing boat hoists are removed or relocated or the use of this property were to change, this walkway could be widened to 8 to 10 feet. Bayport Yacht: It is recommended that the new walkway continue on land behind the seawall, as is proposed for the South Shore Yacht Club. Slight impacts to the parking lot would be required for this orientation, but no loss in parking stalls is anticipated. Pedigree Marine Inc.: This property contains a boat yard and utilizes a travel lift. This represents a challenging condition for the public walkway and must be carefully planned and managed. The proposed concept includes a series of fences and rolling gates that prevent the public from wandering outside of the pathway limits, and closes access to the public walkway during operations of the travel lift. Operation of the gates would be managed by boat yard personnel. Creating this walkway will reduce the current size of the maintenance yard and will CASH & ASSOCIATES 16 Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department impact boat yard operations and revenue. Risks and liabilities relating to public and commercial use of these common open spaces must be further discussed and reconciled. Hornblower Cruises: The Hornblower Cruise property has an existing walkway along the waterfront approximately 6 to 8 feet in width. A wall that divides the Hornblower area with the adjacent property must be removed to create a continuous pathway. A stair that serves the second level of one of the buildings must be relocated to provide the proper width needed for the walkway. The relocation of this stairway may be problematic, due to City Planning Department requirements for view corridors and open space. ZONE 55 Zone 5 includes the following facilities: Windows By The Bay, Ardell and Duffy Boats. Windows By The Bay: This property currently has a waterfront walkway of approximately 7 feet in width, that meets the requirements of this project. A portion of the walkway extends beneath the overhang of the existing building. It is understood that potential plans for the redevelopment of this property may be in conflict with City desires of providing a public walkway across this property. Ardell Properties: This property currently has a waterfront walkway that meets the requirements of this project. At the south end of the property, the walkway must be built over the water in order to traverse around an existing building that is built over and beyond the bulkhead. It is proposed that the block wall that divides the Ardell Property from the Duffy Boats site be removed to provide a continuous walkway. It is understood that potential plans for the redevelopment of this property may be in conflict with providing a public walkway across the property. Duffy Boats: This property is particularly challenging due to the heavy use of the landside operations that includes boat sales and boat maintenance, including frequent boat launches using a modified forklift. The maintenance yard is quite small and congested with boats staged for repair, and any land -based walkway would severely impact existing operations. The proposed concept presents an independent waterside walkway, with a new boat jib crane and hoist to launch and retrieve boats. Various risks and liabilities are associated with the common public and commercial use of this property, requiring additional discussion and dialog. ZONE 6 Zone 6 includes the Boy Scout Base, and the Orange Coast College Sailing Base. Boy Scout Base: The Boy Scout Base facility is currently under reconstruction. A public walkway along the waterfront is a project component of the design, and a reduced copy of the site work plan is included in this report for reference. No additional work is necessary for this property. CASH & ASSOCIATES 17 Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department Orange Coast College Sailing Base: This facility currently has a waterfront walkway that meets the requirements of this program. Some upgrading of the pavement finish would be required. Orange Coast College Sailing Base represents the westerly limit of the Mariners Mile route and study area, at which point the public is directed to the sidewalk along PCH to walk further southbound to a public lateral walkway through the Balboa Bay Club site and to the waterfront. E. PROJECT IMPACTS, ISSUES AND OBSTACLES All property owners were contacted as part of this program and meetings were coordinated on- site with most property owners and/or managers. Property owners not available to meet on -site were contacted by phone or e-mail, and comments were received. The following is a summary of the impacts, issues and comments received from the various owners along the proposed walkway, as well as those issues perceived by our Design Team. Refer to the Appendix section for letters received from various property owners that address specific project concerns in writing. GENERAL: Some owners supported the concept of a walkway, but generally had reservations about specific areas of concern. Some owners looked at the public walkway as an opportunity to enhance current operations and provide greater visibility. Some owners were very opposed to a public walkway and felt this was an invasion of their property rights and /or future development plans. • Walkway Usage: A general skepticism was voiced that this walkway may be built at high expense with associated risks and property operational constraints, and public usage may not be as high as expected. Some owners compared this proposed walkway to the Lido Village public walkway in Newport Beach, where the pathway meanders along businesses and restaurants. Although there were perceived benefits to restaurant and yacht broker businesses, controlled access to floating docks was a concern of most respondents. • Parking: Parking was an issue with many of the property owners contacted. Increased public usage of the waterfront would require additional parking. People visiting the waterfront may spend more time on the waterfront, and thus parking durations would increase. • Loss of Water Space: Where the proposed walkway extends over the water, a loss of water space would occur and the dock revenue would be impacted. Property owners would expect long -term reimbursement of any lost revenue due to this condition. Federal Pierhead Line Extensions: Cash & Associates has investigated the possibility of extending the existing federal pierhead line as part of this project. Although only informal discussions have taken place to this point with Federal agencies, it is believed to be feasible to extend the existing pierhead lines by some modest amount. Studies will be required regarding navigation and the planned channel width as well as the Federal dredging limits and conditions. If deemed appropriate by all agencies, the pierhead line could be extended channelward, thus providing the needed additional water space for Mariner's Mile berthing CASH & ASSOCIATES 18 Mariner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department requirements. Pierhead line realignment will take time due to the required studies and associated approvals, with estimates between 3 to 10 years to obtain ultimate approval, depending on the nature and extent of the pierhead line relocation. If extension of the pierhead line is desired, it is recommended that studies be commissioned by the City of Newport Beach as soon as possible, since Federal and County approvals can take several years to obtain. Cash & Associates is in the process of preparing a listing of potential requirements and effort duration for obtaining the permits. • Loss of Landside Property: The walkway proposals relate to a loss of property, unless easements already exist, and monetary reimbursement for this property is expected. Various types of property ownership exists along the waterfront of the Mariner's Mile strip. Some ownerships involve City and County Tidelands, others are owned by the State of California, while others are privately owned. For the purposes of this study, these varied ownership conditions are ignored, and not made part of the analysis. In addition, for the purposes of this study, it is assumed that land will be acquired from each property owner at market value. It should also be understood that establishing the market value of waterfront property is not an exact science and is subject to formal negotiations between the City of Newport Beach and the individual property owners. • Business Interruption /s: If disruption to existing uses or operations are involved as part of the development or during the construction process, several property owners voiced their concerns that some sort of reimbursement for this disruption be included in any settlement. • Security and Safety: The security of property, both landside and waterside was a concern of many. Gates would be required with locking hardware to prevent the public from walking on the docks or into commercial property uses. Various owners inquired as to how the City would monitor and provide security for this walkway; i.e., guards and/or camera surveillance. Along buildings, a walkway buffer space was requested by restaurant owners, so seated restaurant patrons have a more comfortable dining experience. Lighting for the pathway was an issue of concern, as well. It was recommended that decorative pole- mounted lighting be provided and maintained by the City of Newport Beach. • Special Events: During the Christmas Boat Parade, several restaurant owners voiced a concern about the public congregating along the pathway, limiting the view of the parade by customers. A desire to "lower" the walkway and provide some separation between the walkway and the face of building, was expressed. • Noise: It was noted that a public walkway and related uses; i.e., patio dining, may impact residential concerns across the channel on Lido Isle, in regards to noise. It was generally felt that noise could be minimized by management of the space within acceptable levels. • Maintenance of Public Walkway: Many owners were concerned about the maintenance of the walkway. There is a perception that additional trash will be generated due to public access to the water's edge, both landside and waterside. Property owners do not want this additional responsibility and cost associated with maintenance of the walkway. CASH & ASSOCIATES 19 Mariner's Mile Waterfront Walkway Feasibility Study (C•3548) City of Newport Beach, Public Works Department • Walkway Links: Links for public access to Lido Village and the Balboa Bay Club were voiced. It was felt that these links would insure a higher usage and success of the walkway. It was noted that a public access easement already exists across the frontage of the Balboa Bay Club. • Cost of Construction: Several property owners voiced a concern that the proposed walkway would be very expensive and wanted the City's assurance that they would not be the source of funding. In addition, costs associated with potential lighting of the walkway, including cost and location for transformers, utility trenches and distribution, maintenance, and pathway upkeep must be addressed. • Walkway Liabilities and Damage: It is anticipated that public access along existing properties will result in higher risks and exposure, as this relates to the potential of property damage, personal injury, fire and theft. Individual property insurance policies are expected to be impacted. In addition, during construction of any new walkway, damage could occur to existing structures, including the seawalls. These costs and risks are expected to be assumed by the City of Newport Beach or Others, and not the various property owners. • Public Restrooms: It was noted that a public walkway would require public restrooms. Property owners do not want existing building facilities to be used for public restrooms, due to the increased liabilities and maintenance costs. • Severance Damages: Some owners voiced their concern that a public walkway would negatively impact the value, use and marketability of remaining property, resulting in severance damages. It is not within the scope of work for this Report to solve all specific issues or to address valid concerns identified by the City of Newport Beach, Cash & Associates, and/or voiced by property owners. It is the intent of this Report to present all issues of concern for assessment and discussion by the City of Newport Beach City Council, property owners, and the community. All of these issues can be addressed, if contracted to do so in the future. F. COST ASSESSMENTS The walkway cost estimate includes the following general elements, although not every parcel requires each item noted: 1. Pavement upgrades including new surfacing. 2. Building side yard beautification. 3. New waterside railings, gates and transition plates, where access to docks are required. 4. New elevated walkway consisting of concrete piles and deck. CASH & ASSOCIATES 20 Manner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department 5. Standard walkway signage and special electronic signage coupled to boat launching operations, where applicable. 6. Retrofitted stairs and ramps to meet ADA compliance requirements. 7. Relocation and extension of floating docks, where required, including guide piles. 8. Walkway fixtures such as benches, landscaping and lighting. 9. Lift bridge alongside the Rusty Pelican Restaurant. 10. New boat lift at Duffy's Electric Boat facility. Construction costing data is based on estimated prices for the 1� quarter, 2004. Costing has been presented in unit pricing terms; i.e., costs per square foot or linear foot, where appropriate. Costs for items such as walkway surfacing, landscaping, and architectural barrier railings can vary greatly depending on the nature of the design and materials selected. Based on the estimates prepared, and the uncertainties of the plan at this early stage, the project costing has been bracketed by providing a cost range, from 20% lower to 40% higher than the estimate sheets provided in the Appendix. The estimate for this project would be further refined at each subsequent stage of design, and as more guidance and detail is established. 1. Construction Cost Range: $3,000,000 and $5,000,000 2. Soft Costs (Design & Project Contingency): $ 750,000 and $1,250,000 3. Land Acquisition: $2,500,000 to $4,000,000 4. Pierhed line extension: $ 150,000 to $ 500,000 These estimates assume that the majority of lost water space can be recreated by extending the pierhead line further into the channel, thus not impacting property owner water space revenue over the long -term. If the Federal pierhead line cannot be relocated to mitigate lost water space caused by the walkway layout, water space purchases totaling $1,000,000 to $3,000,000' may be needed. This project will require an environmental impact study and /or report. Environmental costs associated with EIR mitigation concerns have not been budgeted in the pricing above, as yet. Environmental concerns may include traffic, parking, noise abatement, inter -tidal mudflats environmental concerns, and channel navigation. As previously noted, other potential costs and damages are not made part of this evaluation. See the Appendix for the Market Value evaluation used for assessing property acquisition costs. CASH & ASSOCIATES 21 Manner's Mile Waterfront Walkway Feasibility Study (C -3548) City of Newport Beach, Public Works Department Cash & Associates appreciates the opportunity to assist the City of Newport Beach with this exciting project. It is our hope that this report provides valuable information and enables the City of Newport Beach to objectively assess the potential issues and costs and make the appropriate decisions. We would also like to express our appreciation to all the property owners that took time to meet with us and express their opinions about this proposal. Cash & Associates is available to answer any questions or provide additional information and /or study, if so desired. Very truly yours, Randy H. Mason, P.E. President CASH & ASSOCIATES Engineering and Architecture CASH & ASSOCIATES 22 Date: March 12, 2004 Harbor Resources Division Memorandum To: Lloyd Dalton, Principal Civil Engineer, Public Works Department From: Tom Rossmiller, Manager Harbor Resources Department Subject: Comments on Mariner's Mile Waterfront Walkway Feasibility Study Following is a compilation of comments from the Newport Beach Harbor Commission. I have paraphrased many of the comments in order to provide a more concise listing of their concerns. Also attached are the comments in their original format. • The Feasibility Study should provide a more detailed definition of the goals and objectives of the proposed project such as: • Allow greater public access to the Waterfront of Newport Harbor, thereby increasing the public's awareness of the harbor's marine oriented activities; • Enhance the exposure of the public to the retail /marine elements of Mariner's Mile, i.e. boat brokers and charter companies; • Create a friendlier waterfront atmosphere in Newport Beach. In addition to a public walkway, consider amenities such as provisions for public guest docks. • The Feasibility Study should provide a listing of potential physical and economic benefits: • Improved occupancy of existing "dead" and underutilized commercial water frontages seen along some of this high value property; • Achieving the (underutilized) existing potential for outdoor waterfront dining at multiple levels of all of the waterfront restaurants; • Higher visibility for yacht sales, charter, brokerage and boat rentals through increased foot traffic and accessibility drawn by these and other uses; • Reduced lot -to -lot local car trips by residents and visitors to multiple uses along the waterfront, thus reducing overall local traffic on PCH in this congested area; • Additional fire and police access and visibility; • Use of the water area for portions of the walkway not achievable on land; • Use of the existing underutilized portions of waterfront walkway and access easements which were constructed in the past, but are "dead- ended'; • Creating links to the other side of PCH with bridges, walks, etc. • The Feasibility Study should also consider other factors: • Newport Beach already provides a tremendous opportunity for viewing the water and "going to the water's edge ". The study should recognize that this project is part of a larger effort to provide waterfront access to the extent feasible throughout the harbor; • A market study is needed to show the usage that the walkway will likely get, who the user group is and what the resultant business gains and /or losses might be. • Accommodating the security needs and controlled access related to the boatyards and rental boat dry storage /launch by walk - arounds or other simple means where needed (avoid expensive bridges, etc.); • Meeting the overwhelming parking needs of the existing commercial and visitor - serving uses, as well as future walkway visitors through new parking structures and an overall parking plan; • Expanding the water area available for berthing reconfiguration to meet fire code, design standards, market demand, etc. by extending the pierhead line, or by granting exceptions for moving docks for reasons of fire safety, navigational safety and public access /ADA; • Encouraging renovation of waterfront uses to take advantage of the presence of a waterfront walkway, and to redesign to accommodate and create new security, views, and expanded sales /revenue areas; • Creation of a Mariners' Mile "sense of place" linked visually, economically, and physically to the water by a waterfronUto-the- water pedestrian network rather than as parallel car - oriented commercial strips oriented to PCH; • Creation of expanded parking capacity /accessibility through the creative design and construction of at least two parking structures on the inland side of PCH with planted /open space /viewing roof decks to serve as an attractive foreground view for the residences on the bluffs above, with commercial uses on the ground level; • Linkage of uses and parking areas on both sides of PCH by two or more pedestrian bridges crossing from the parking structures to the waterfront side of PCH, and serving as visual "gateways" defining Mariner's Mile; • Creation of a comprehensive docking facility reconfiguration master plan for the entire length of Mariners' Mile; • While initially appearing overwhelming, the cost estimates are appropriately /necessarily conservative and overstated at this point in the process, but they tend to so discourage the casual reader in that they artificially constrain further consideration of the idea; • To reduce potential costs a number of these areas could be served by a floating walkway rather than by adjustments to their existing structures or land areas. This would also reduce the visual blockage of concern to some restaurants, and provide a variety of experiences for people along the length of the walkway (above /adjacent to the water; on the water, etc.); • This proposed project needs strong, articulate, continuing, patient and creative political sponsorship and leadership by the elected representatives; • The private sector, particularly the Mariners' Mile business groups and Chamber of Commerce need to weigh in constructively on the general concept of this project; • How the intent, results and future follow -on of this study are described, by whom and in what forums will determine if there is any future to this idea. City of Newport Beach BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Description Division Increase Revenue Estimates X Account Increase Expenditure Appropriations AND C5100314 Balboa Island Bayfront Repair Division Transfer Budget Appropriations SOURCE: Account Number from existing budget appropriations PX from additional estimated revenues Number from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 04BA -063 AMOUNT: $15,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations for the costs associated with the Mariners Mile Waterfront Walkway project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 230 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Tidelands Fund Fund Balance Description Signed: Signed: Signed: Approval: Administrative Services Director City Manager City Council Approval: City Clerk Amount Debit Credit $15,000.00 $15,000.00 0 sz Date 6 D to Date Description Division Number 7231 Tidelands Fund Account Number C5100314 Balboa Island Bayfront Repair Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: Administrative Services Director City Manager City Council Approval: City Clerk Amount Debit Credit $15,000.00 $15,000.00 0 sz Date 6 D to Date