HomeMy WebLinkAbout11 - Federal Erosion Control ProjectCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
July 22, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Harbor Resources Division / City Manager's Office
Chris Miller, Harbor Resources Manager, (949) 644 -3043
cm iller(a)city. newport- beach. ca. us
Dave Kiff, Assistant City Manager, (949) 644 -3002
d kiffacity. newport-beach .ca. us
SUBJECT: Approval of an Agreement with the County of Orange for
Participation in Stage 12 of the Federal Beach Erosion Control
Project
ISSUE:
Should the City of Newport Beach enter into an agreement with the County of Orange
as part of a multi- agency effort to implement Stage 12 of the Federal Beach Erosion
Control Project?
RECOMMENDATION:
Authorize the Mayor to execute an agreement with the County of Orange for a sand
replenishment project in the Huntington Beach Littoral Cell which covers the stretch of
shoreline between the San Gabriel River and the Newport Bay Harbor Entrance.
DISCUSSION:
The coastal cities of Newport Beach and Huntington Beach, the County of Orange, the
Surfside Colony Storm Water Protection District, the California Department of Boating
and Waterways (DBAW) and the Army Corps of Engineers propose to cost -share the
placement of sand at a feeder beach at Surfside /Sunset Beaches. Sand erodes from
the feeder beach and replenishes beaches downcoast within the littoral cell. The
amount of replenishment diminishes as the sand moves downcoast, thus a supplement
is proposed by removing sand from the West Newport Beach near the Santa Ana River
and placing it in the downcoast and central portions of the groin field at West Newport.
Staff has conducted two public meetings in February and May to discuss the project
with the community and to get input regarding specific project features. The meetings
Federal Beach Erosion Control Project
Agreement With the County of Orange
July 22, 2008
Page 2
resulted in consensus for the movement of West Newport sand from the beach area
adjacent to the Santa Ana River to the groin field in the vicinity of the downcoast end
(streets in the 20's) to the mid section (streets in the 30's).
A littoral cell is a section of the shoreline which has manmade or natural features which
keep the majority of the sand within the boundaries of the cell. The Huntington Beach
Littoral Cell is bounded by the East San Gabriel River Jetty at the upcoast end and the
West Newport Harbor Entrance Jetty at the downcoast end. See Exhibit 1.
This project reoccurs approximately every six years as a multi- agency beach
replenishment project for the Huntington Beach Littoral Cell. Costs are shared between
the federal government (67 %) and state /local partners (33 %). This gives the City a
good return for money invested in regional sand management because most of the non-
federal contribution is paid by DBAW. The City of Newport Beach typically pays less
than two percent of the total Project cost. This percentage is based on the City's
proportionate local share of the 80,000 linear feet of beach frontage within the littoral
cell.
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Federal Beach Erosion Control Protect
Agreement With the County of Orange
July 22, 2008
Page 3
The local shares of the project cost are distributed as follows:
DBAW
30.31%
City of Huntington Beach
0.42%
City of Newport Beach
1.69%
Surfside Colony
0.21%
Orange County HB &P
0.37%
The Army Corps of Engineers has estimated the total cost to be approximately
$15,700,000 for Stage 12 of this project. The most recent stages of this project have
provided for beach replenishment within the littoral cell; however, early stages of the
project provided for beach stabilization in West Newport by construction of a series of
groins approximately every four blocks between 28th Street and 56th Street.
Recently the Corps of Engineers performed an accounting of Stages 7 through 11 and
determined that the local sponsor's estimated payments (based on the Engineer's
Estimate) exceeded the required payment (based on the funds expended). As a result
of this accounting, the City of Newport Beach was given a $92,998.22 credit toward
their participation in this phase of the project.
Based on the Engineer's Estimate of $15,700,000 for Stage 12, the City's estimated
cost share is $265,785.30 minus the credit noted above equals $172,787.08. In the
attached Cooperative Agreement this amount has been rounded to $172,800.
$100,000 has been budgeted in the FY 2007/2008 budget and carried over and
combined with $72,800 budgeted in the FY 2008/2009 budget to fulfill the financial
obligation of the Cooperative Agreement.
Because this project is a multi- agency project, several cooperative agreements have
been developed to reduce issues with preparing an agreement that fits each agency's
needs. The Corps of Engineers will enter into an agreement with DBAW, who will in
turn enter into an agreement with the County of Orange. Finally the County has
proposed similar agreements to the attached agreement for the Cities of Newport
Beach, Huntington Beach and Surfside Colony. In addition, the City of Seal Beach has
proposed to enter into a side agreement with the Corps of Engineers for beach
replenishment in an area outside of the Huntington Beach Littoral Cell so that they can
take advantage of the large economy of scale that is provided by this project.
Fundina Availability: $100,000 budgeted in FY 2007/2008 and $72,800 budgeted in
FY 2008/2009 (CIP 7231- C5100282).
Environmental Review: The Army Corps of Engineers, acting as the lead federal
agency, has prepared a draft Environmental Assessment in accordance with NEPA
(National Environmental Policy Act). The document is currently in the public review
process with the anticipation of having a Final Environmental Assessment and a Finding
of No Significant Impacts (FONSI) by mid -July 2008.
3
Federal Beach Erosion Control Project
Agreement Mth the County of Orange
Juty 22, 2008
Page 4
Public Notice: This agenda item may be noticed according to the Brown Act (72 hours
in advance of the public meeting at which the City Council considers the item).
Prepared by:
Submitted by:
��ii.,a
Chris Miller, Harbor Resources Manager Da Ye Kiff, Assistant City Manager
Attachments: Exhibit 1: Vicinity Map of Entire Project Area
Exhibit 2: Agreement with the County of Orange
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Federal Beach Erosion Control Project
Agreement With the County of Orange
July 22, 2008
Page 5
Exhibit 1
Vicinity Map of Entire Project Area
THIS PAGE
LEFT BLANK
INTENTIONALLY
Agreement No
1 AGREEMENT
FEDERAL BEACH EROSION CONTROL PROJECT
2 STAGE 12
3 THIS AGREEMENT is made and entered into the day of 2008.
4 BY AND BETWEEN
5 COUNTY OF ORANGE, a political
Subdivision of the State of California,
6 Hereinafter called "COUNTY."
7 AND
8 CITY OF NEWPORT BEACH, a municipal
Corporation, hereinafter called "CITY."
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10 WHEREAS, Congress has, by the enactment of Public Law 874, 87th Congress, adopted and
11 authorized a beach erosion control project to be accomplished in stages, which extends from Anaheim
12 Bay Harbor to the west jetty of Newport Beach Harbor in Orange County, and
13 WHEREAS, the implementation of said Federal beach erosion project is of direct benefit to the
14 beaches owned and operated by CITY and COUNTY in providing a source of beach sand for
15 replenishment of natural erosion of said beaches, and
16 WHEREAS, the United States Army Corps of Engineers is prepared to undertake Stage 12 of said
17 project at an estimated cost of $15,700,000 to be financed on the following basis:
18 Federal Government $10,519,000
19 State of California $4,759,267
20 Local Agency shoreline $421,733
owners consisting of cities,
21 COUNTYand Private Property
Owners
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Agreement No.
WHEREAS, COUNTY is prepared to pay, on behalf of those private and public beach owners
identified hereinbelow, $236,600 for Stage 12 construction, and
WHEREAS, the shoreline owners' proportionate share of $236,600 cost for State 12 is based
upon a formula depicting the percentage of the 80,000 linear feet of beach frontage property owned by
each public entity which is within the Federal project area and includes a credit from previous Stages.
The total cost breakdown is as follows:
Private beach owners: Surfside Colony Storm Water
Protection District
$ 19,000
Public beach owners: Orange County Parks
$ 5,600
City of Huntington Beach
$ 39,200
City of Newport Beach
$172,800
TOTAL $?3
NOW THEREFORE, the parties hereto do mutually agree as follows:
I.
CITY agrees that any funds remaining from Stage 12 project shall be applied to the design cost of
Stage 13 of the project which shall cover the entire 80,000 lineal frontage of shoreline of the Federal
project area, and that the final accounting of Stage 12 funding shall be incorporated into the accounting
for Stage 13 described in Clause V herein.
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Agreement No.
1 CITY agrees to pay COUNTY on or before July 15, 2008, or immediately after approval of this
2 agreement by all parties hereto, CITY's portion of the cost of Stage 12 of the aforesaid beach erosion
3 control project, said portion being the amount of $172,800.
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 N.
8 COUNTY shall, on or before July 15, 2008, or immediately after approval of this agreement and
9 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 12 Federal beach erosion control
11 project in the amount of $236,600 to the State of California to facilitate implementation of said Stage 12
12 project.
13 V,
14 COUNTY will obtain from the State of California Department of Boating and Waterways, the
15 agency coordinating the Stage 12 project with the United States Army Corps of Engineers, an accounting
16 of all expenditures of all funds received for Stage 12 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 VI.
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
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Agreement No.
1 wrongful act or omission by COUNTY, its officers, agents, employees, or invitees in carrying out the
2 terms of this agreement or exercising the rights herein granted.
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Agreement No.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite
their respective signatures:
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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:
BENJAMIN P. DE MAYO, County Counsel
ORANGE COUNTY, CALIFORNIA
By:
Deputy
REVIEWED AND APPROVED:
City Administrator
COUNTY OF ORANGE, a political subdivision
of the State of California
By:
Chair of the Board of Supervisors
CITY OF NEWPORT BEACH, a municipal
Corporation
M
ATTEST:
Mayor
City Clerk
APP VED AS TO FORM:
°,-- C W '
City Attorney
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