HomeMy WebLinkAboutC-971 - Beach erosion control project costs, Phase If
MINUTES OF THE BOARD OF SUPERVISORS %
OF ORANGE COUNTY, CALIFORNIA
June 8, 1965
A regular meeting of the Board of Supervisors of Orange County, California, also sitting as the Governing
Board of the Districts governed by the Board of Supervisors was held June 8, 1955
1965, at 9:30 A.M. The following members being present: Wm. Hirstein, Chairman; C. M. Featherly,
David L Baker, William J. Phillips, Alton E. Allen and the Clerk.
IN RE: ACrREM11ENT CONTRIBUTION BY CITY OF NEIdPORT BEACH TO
BEACH EROSION CONTROL PROJECT COSTS, PHASE I
On motion of Supervisor Allen, duly seconded and unan-
imously carried, the Chairman and the Clerk are authorized to sign
the Agreement dated June 8, 1965g between the County of Orange and
the City of Newport Beach for contribution by Clty of Newport Bench
to Beach Erosion Control Project Costs, Phase I.
STATE OF CALIFORNIA,
County of Orange
I, W. E. ST JOHN, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange
County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry
on record in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 8th day of June,
1965.
W, E. ST JOHN
County Clerk and ex-officio Clerk of the Board of
Supervisors of Orange County, California
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AGREEMENT FOR CONTRIBUTION BY
CITY OF NEWPORT BEACH TO BEACH
EROSION CONTROL PROJECT COSTS, PHASE I
THIS AGREEMENT, made and entered into this __,TZ�C - day of
1965, by and between the COUNTY OF ORANGE, a
pol ical subdivision of the State of California, hereinafter called
"County", and the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter called "City ".
WHEREAS, Congress has by* enactment of Public Law 874, 87th
Congress, adopted and authorized a beach erosion control project which
extends from Anaheim Bay Harbor to.the West Jetty of Newport Beach
Harbor in Orange County; and
WHEREAS, Phase I of said project consisting of the deposition
of approximately 3,000,000 cubic yards of sand on the beaches in the
vicinity of Surfside and Sunset Beach has been completed; and
WHEREAS, City is the owner'of certain public beaches lying
within the project area; and
WHEREAS, the cost of Phase I of said project was to be financed
on the following basis:
Federal Government 67%
State of California (Depart-
ment of Water Resources 16!%
Public and private owners
of beach frontage, including
State Division of Beaches
and Parks 16k%
100%
and
WHEREAS, the County has advanced for Phase I of the project
the share of the owners of all locally -owned public and private beaches,
and has obtained the agreement of both private and public frontage
owners to contribute the following amounts:
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1J Private beach owners: Huntington Pacific Corp. $65,000.00
Surfside Colony, Ltd. 10,900.00
2'
Public beach owners: State Div. of Beaches &
3 Parks 125,000.00 - '' 25
City of Newport Beach 38,600.00
4 City of Huntington Beach 19,300.00
Costs absorbed by County 97,200.00
5
Total (16 -1/2% of total est'd costs of
6� Phase I, viz. $2,159,000.00) $356,000.00
7
8�and
9 tMEREAS, by entering into this agreement the City Council
10.1 es it to be clearly understood that it is not expressing approval
111 of any part of said beach erosion control project other than Phase 1
12 of said project;
i
131 NOW, THEREFORE, the parties hereto mutually agree as follows
14 1. The City agrees to pay to the County within thirty (30)
1 �
t- 151 days after execution of this agreement by the County the sum of
161 Thirty -eight thousand six hundred dollars ($38,600.00) which represents
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_= the City's ,0 17� contribution towards the cost of Phase I of the project.
lgl. 2. In consideration of the above, the County agrees to
.19 furnish to City an accounting of the expenditures of all funds received
20 for Phase I of the project, and to refund to the City its pro rata
21 share of any refunds received of monies advanced in excess of actual
22Jcosts, within thirty (30) days after receipt thereof by the County.
i
23)1 3. The County hereby agrees to indemnify and save harm-
24 II less the City against all liability for property damages, personal
q
9-5 injury and loss of life arising from its participation in the project,
26 regardless of where the said loss occurs, and for all liability
27 arising .froms losses occurring on its properties as the result of work
23 done on the project, by reason of its ownership of said property and
29 its granting of permission to do such work thereon, whether such
30 +I losses result from the actions of the Corps of Engineers or of any
i
31 other public agency or agencies or their contractors. Such indemnity
32 shall be limited, however, to the total amount of the City's contri-
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ibutions hereunder. This paragraph shall be severable, and its invalid.ty,�
if determined by a court of law, shall not affect the rest of the
agreement. i
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the date first above written.
i
CITY OF NEWPORT BEACH
ATTEST:
By rs r`� _ -t
klayo
ty clerk
(SEAL)
i
ATTEST:
W. E. ST JOHN
County Clerk and ex- officio
Clerk of said Board of Super-
visors.
Deputy
I (SEAL)
3
COUNTY OF ORANGE
By
airman of s of
Supervisors
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AGREEMENT FOR CONTRIBUTION BY
CITY OF NEWPORT BEACH TO BEACH
EROSION CONTROL PROJECT COSTS, PHASE I
THIS AGREEMENT, made and entered into this day of
1965, by and between the COUNTY OF ORANGE, a
political subdivision of the State of California, hereinafter called
''County ", and the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter called "City ".
WHEREAS, Congress has by enactment of Public Law 874, 87th
Congress, adopted and authorized a beach erosion control project which
extends from Anaheim Bay Harbor to the West Jetty of Newport Beach
Harbor in Orange County; and
WHEREAS, Phase I of said project consisting of the deposition
of approximately 3,000,000 cubic yards of sand on the beaches in the
vicinity of Surfside and Sunset Beach has been completed; and
WHEREAS, City is the owner of certain public beaches lying
within the project area; and '
WHEREAS, the cost of Phase I of said project was to be financed
on the following basis:
Federal Government 67%
State of California (Depart-
ment of Water Resources 16'x7.
Public and private owners
of beach frontage, including
State Division of Beaches
and Parks 16
100%
FR•9
WHEREAS, the County has advanced for Phase I of the project
the share of the owners of all locally -owned public and private beaches,
and has obtained the agreement of both private and public frontage
owners to contribute the following amounts:
1.
i
lI
Private beach owners:
Huntington Pacific Corp.
$65,000.00
Surfside Colony, Ltd.
102900.00
2
Public beach owners:
State Div. of Beaches &
3
Parks
125,000.00
City of Newport Beach
380600.00
4
City of Huntington Beach
19,300.00
Costs absorbed by County
97,200.00
5
Total (16 -1/27, of total est'd costs-of
6
Phase I, viz.
$2,159,000.00)
$356,000.00
7
8
and
91
WHEREAS, by entering into this agreement the City Council
10 wishes it to be clearly understood that it is not expressing approval
11 of any part of said beach erosion control project other than Phase I
12 of said project;
13 NOW, THEREFORE, the parties hereto mutually agree as follows:
14 1. The City agrees to pay to the County within thirty (30)
Wl� 15 days after execution of this agreement by the County the sum of
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_08 le Thirty -eight thousand six hundred dollars ($38,600.00) which represents
Wt a
000 17 the City's contribution towards the cost o� Phase I of the project. .
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18� 2. In consideration of the above, the County agrees to
19 furnish to City an accounting of the expenditures of all funds received
20 for Phase I of the project, and to refund to the City its pro rata
21 share of any refunds received of monies advanced in excess of. actual
22 costs, within thirty (30) days after receipt thereof by the County.
23 3. The County hereby agrees to indemnify and save harm -
24 less the City against all liability for property damages, personal
25 injury and loss of life arising from its participation in the project,
28 regardless of where the said loss occurs, and for all liability
27 arising from losses occurring on its properties as the result of work
28 done on the project, by reason of its ownership of said property and
29 its granting of permission to do such work thereon, whether such
30 losses result from the actions of the Corps of Engineers or of any
31 other public agency or agencies or their contractors. Such indemnity
32 shall be limited, however, to the total amount of the City's contri-
2.
llbutions hereunder. This paragraph shall be severable, and its invalidity,!
2 if determined by a court of law, shall not affect the rest of the
3 agreement. €
4 IN WITNESS WHEREOF, the parties hereto have executed this
5 agreement as of the.�date first above written.
6 CITY OF NEWPORT BEACH
5 ATTEST:
By
8 A e� Mayor
9 ! � L ;IT C'uric
10 11 (SEAL)
11
12 ATTEST:
13 W. E. ST JOHN
County Clerk and ex- officio
14 Clerk of said Board of Super -
w visors.
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o== Deputy
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° (SEAL)
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3.
COUNTY OF ORANGE
By
Chairman of is Boar o
Supervisors
TO filmoc
2!1 A RNAMMON OF vft cm COOKU w "09 CITY OF
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5/3/65
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF,
NEWPORT BEACH REAFFIRMING ITS SUPPORT FOR A BEACH
EROSION CONTROL PROGRAM
w , - �v
WHEREAS, the City Council of the City of Newport Beach
has previously expressed its serious concern over the damaging
effects of erosion on the beaches of Orange County; and
WHEREAS, the City of Newport Beach holds title to the
ocean beaches within its boundaries by virtue of a legislative
grant from the State of California; and
WHEREAS, the City Council is keenly aware of its obli-
gations to protect the interests of the public who use the beaches
and to provide safeguards for persons owning property adjacent to
the beaches; and
WHEREAS, the problem of erosion is especially critical
with respect to the beach area between the mouth of the Santa Ana
River and the Newport Pier due to the narrow width of the beach
and its history of instability; and
WHEREAS, the City Council has expressed approval in
principle of the Beach Erosion Control Report on Cooperative Study
of Orange County dated March 1, 1962, which was prepared by the
U. S. Army Corps of Engineers; and
WHEREAS, the City Council has consistently taken the
position that the area of coastline between the mouth of the San
Gabriel River and the West Jetty of Newport Bay must be treated
as a single, indivisible unit for purposes of existing and proposed
erosion control programs; and
WHEREAS, the first phase of the beach erosion control
project involving the replenishment of sand on the beaches in the
Surfside - Sunset Beach area has been completed; and
WHEREAS, the U. S. Army Corps of Engineers has commenced
a sand tracer study of the Newport submarine canyon area and has
proposed to make another study which would determine the feasibility
0 • 1.
of dredging sand in the open sea and depositing the sand directly
on the beaches; and
WHEREAS, the U. S. Army Corps of Engineers has not made
a final recommendation concerning Phase II of the project which
involves the construction of a proposed offshore breakwater and
related offshore structures;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the City Council reaffirms its
support of the beach erosion control project in principle, sub-
ject to the following conditions:
1. That no final plan for the construction of an off-
shore breakwater or other offshore structures be approved or con-
struction commenced thereon until the results of the pending sand
tracer study in the Newport submarine canyon area and the engineer-
ing study to determine the feasibility of dredging sand in the
open sea and depositing the sand directly on the beaches have been
analyzed and submitted to the City of Newport Beach and until the
City Council has been given an opportunity to communicate its
views thereon to the public agencies concerned in the project.
2. That before construction is commenced on any break-
water or other offshore structures contractual guarantees be made
to the City of Newport Beach by the other contracting agencies to
assume joint responsibility to share in the costs of correcting
any adverse effects to the beach area between the West Jetty of
Newport Harbor and the mouth of the Santa Ana River, such guaran-
tees to include assurances of timely emergency relief as well as
long term commitments.
3. That the U. S. Army Corps of Engineers is requested
to construct a simulated model of the coastline and beaches from
Surfside to the Newport Harbor for the purpose of conducting appro-
priate tests to provide further information concerning the effects
2.
of the various proposals for Phase II of the project and that all
construction on Phase II be deferred until the results of said
tests have been analyzed and made available to the contracting
agencies.
4. That the City Clerk is directed to send copies of
this resolution to such interested persons and agencies as may be
determined by the Mayor.
ADOPTED this 6 day of May, 1965.
ATTEST:
C ty Clerk
3.
i
Mayor
Date June 18, 1965
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
Contract No. 971
Authorized by Resolution No. 6145 , adopted on May 10, 1965
Date Mayor and City Clerk executed Contract May 11, 1965
Effective date of Contract June 8, 1965
Contract with County of Orange
Address Board of Supervisors, Court House
Santa Ana
Brief description of Contract Agreement for Contribution by City of
Newport Beach to beach erosion control project costs, Phase I
Amount of Contract $38,600
City rlerk
ORANGE
HARBOR COMMISSION
CHIP CLEARY. CHAIRMAN
C. C. (JACK) WOOLLEY. VICE - CHAIRMAN
TED KDCHEL
RICHARD C. HONER
June 14, 1965
a
Mr. Harvey L. Hurlburt, City Manager
City of Newport Beach
City Hall
Newport Beach, California
Dear Mr. Hurlburt:
DISTRICT
KENNETH SAMPSON
DIRECTOR • HARBORS & BELCHES
1901 BAYSIDE DRIVE
NEWPORT BEACH, CALIF, 92662
TELEPHONE (114) 673-6440
Herewith are two copies of the document entitled "Agreement for
Contribution by City of Newport Beach to Beach Erosion Control
Project Costs, Phase III that has been signed in accordance with
Minute Order of the County Board of Supervisors, dated June 8,
1965. Copies of the Minute Order are also enclosed.
Yours very truly,
NNETH SAMPSO , Director
Harbors and Beaches
KS:mph
Encls
As stated
0
Honorable Mayor Donald Shipley and
Members of the City Council
P. 0. Box 190
Huntington Beach, California
Gentlemen:
0
May 28, 1965
The Council of the City of Newport Beach on May 10th, 1965, adopted
Resolution 6144, reaffirming its support for a Beach Erosion Control
Program. Mayor Paul & Gruber has requested that a copy of subject
Resolution be forwarded to you.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS /mjc
Encl.
May 28, 1965
Honorable Mayor A. R. Leonard and
Members of the City Council
201 - 8th Street
Seal Beach, California
The Council of the City of Newport Beach on May 10th, 1965, adopted
Resolution 6144, reaffirming its support for a Beach Erosion Control
Program. Mayor Paul J. Gruber has requested that a copy of subject
Resolution be forwarded to you.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS /mjc
Encl.
• •
May 28, 1965
Division of Beaches and Parks'
Department of Parks and Recreation
Second Floor
1125 Tenth Street
Sacramento, California
Gentlemen:
The Council of the City of Newport Beach on May 10th, 1965, adopted
Resolution 6144, reaffirming its support for a Beach Erosion Control
Program. Mayor Paul J. Gruber has requested that a copy of subject
Resolution be forwarded to you.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS /mjc
Encl.
0 0
May 28, 1965
Huntington Beach Company
2110 Main Street
Huntington Beach, California
Gentlemen:
The Council of the City of Newport Beach on May 10th, 1965, adopted
Resolution 6144, reaffirming its support for a Beach Erosion Control
Program. Mayor Paul J. Gruber has requested that a copy of subject
Resolution be forwarded to you.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS /mjc
Encl.
C
viv
C
May 28, 1965
Deparbwmt of Water Resources..
P. 0. Box 6598
Los Angeles, 55, California
Gentlemen:
The Council of the City of Newport Beach on May 10th, 1965, adopted
Resolution 6144, reaffirming its support for a Beach Erosion Control
Program. Mayor Paul J. Gruber has requested that a copy of subject
Resolution be forwarded to you.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS /mjc
Encl.
• •
May 28, 1965
U. S. Army Engineers District, Los Angeles
P. 0. Box 17277 Foy Station
Los Angeles, 17, California
Attn: W. J. Herron, Jr.
Gentlemen:
The Council of the City of Newport Beach on May 10th, 1965, adopted
Resolution 6144, reaffirming its support for a Beach Erosion Control
Progrem. Mayor Paul J. Gruber has requested that a copy of subject
Resolution be forwarded to you.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS /mjc
Encl.
• f
May 28, 1965
Department of Water Resources
401 Public Works Building
P:. 0. Box 388
Sacramento, 2, California
Gentlemen:
The Council of the City of Newport Beach on May 10th, 1965, adopted
Resolution 6144, reaffirming its support for a Beach Erosion Control
Program. Mayor Paul J. Gruber has requested that a copy of subject
Resolution be forwarded to you.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS /mjc
Encl.
0
May 26, 1965
U. S..Anny, Engineers Division
630 Sansane Street
San FYencisco, 11, California
Gentlemen:
The Council of the City of Newport Beach on May 10th, 1965, adopted
Resolution 6144, reaffirming its support for a Beach Erosion Control
Program. Mayor Paul J. Gruber has requested that a copy of subject
Resolution be forwarded to you.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS /mjc
Incl.
Orange County Board of Supervisors
P. 0. Box 838
Santa Ana, California
Dear Sirs:
May 28, 1965
Attn: Alton E. Allen
The Council of the City of Newport Beach on May 10th, 1965, adopted
Resolution 6144, reaffirming its support for a Beach Erosion Control
Program. Mayor Paul J. Gruber has requested that a copy of subject
Resolution be forwarded to you.
Very truly yours,
Margery Schrouder
City Cleric
City of Newport Beach
MS /mjc
Encl.
Mr. Kenneth Sampson
Director of Harbors and Beaches
Orange County Harbor District
1901 Bayside Drive
Newport Beach, California
Dear Mr. Sampson:
0
May 26, 1965 . <
Enclosed is an executed Agreement for Contribution
by City of Newport Beach to Beach Erosion Control
Project Costs, Phase 1. Authorization for the Mayor
and City Clerk to sign said Agreement was given by
the Council on May 10, 1965 by the adoption of
Resolution No. 6145, copy of which is attached.
The Council, on May 10, adopted Resolution No. 6144
reaffirming its support for a Beach Erosion Control
Program. Two copies of said resolution are enclosed.
Very truly yours,
Margery Schrouder
City Clark
City of Newport Beach
MS:dg
Encl.
0
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
0
May 7, 1965 G
To: City Clerk
From: City Attorney
Subject: Agreement for contribution to beach erosion control
project costs, Phase I
Transmitted are the original and one copy of proposed agreement
between the County of Orange and the City of Newport Beach
entitled "Agreement for Contribution by City of Newport Beach
to Beach Erosion Control Project Costs, Phase I ", together with
letter dated April 30, 1965, from Kenneth Sampson, Director of
Harbors and Beaches, to the City Manager transmitting said
agreement.
Also forwarded is a resolution which, if adopted by the City
Council, will approve said agreement and authorize its execution.
It is in order for presentation to the Council if, after their
consideration of the matter, such action is desired.
THS:mec
Encs.
cc - City Manager
Finance Director
C ,T. IL.
Di�PIi�ITION:
2 s�
Tullyli Seymo�
City Attorney
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
May 6, 1965
Too The Honorable Mayor and
Members of the City Council
From: City Attorney
Subject: Agreement for contribution to Phase I of the beach
erosion control project and policy resolution re-
affirming the support of the City Council for a
beach erosion control program in principle
I.
beach erosion
The attached agreement has been redrafted to reflect the changes
previously discussed by the City Council. It has been approved
by the County Counsel's office and by the Harbor Director Kenneth
Sampson. Briefly summarized, the agreement obligates the City to
pay to the County the sum of $38,600 which represents the City's
share of Phase I of the project. You will recall that Phase I
involved the replenishment of approximately three million cubic
yards of sand on the beaches in the vicinity of Surfside and
Sunset Beach. You will note that paragraph two on page 2 of the
agreement states that by approving the agreement the City Council
is not expressing approval of any part of the beach erosion con-
trol project other than Phase I of said project.
II. Policy resolution.
The draft resolution which was previously submitted to the City
Council has been revised to incorporate the suggestion of Council-
man Marshall that a proposed study which would determine the
feasibility of dredging sand in the open sea for use in replen-
ishing the beaches should be carried forward prior to any decision
being made with respect to Phase II of the project which involves
the construction of an offshore breakwater or other offshore
structures. (See paragraph eight, page 1, and condition 1 on
page 2 of the revised resolution which is attached.)
If the City Council determines that the agreement and the policy
resolution are satisfactory, it would be in order to adopt a
resolution authorizing execution of the agreement, which resolu-
tion has been transmitted to the City Clerk, and to adopt the
-. •
0
To: The Honorable Mayor and
Members of the City Council -2- May 6, 1965
policy resolution setting forth the City Council's position.
Tully . Sol /
THS;mec City A torney ney
Encs.
cc - City Manager
.City Clerk
i
6
ORANGE Cq
HARBOR COMMISSION
CHIP CLEARY, CHAIRMAN
C. C. (JA ER) WOOLLEY, VICE-CHAIRMAN
TED KVCHEL
RICHARD C. HONER
April 30, 1965
Mr. Harvey L. Hurlburt, City Manager
City of Newport Beach
City Hall
Newport Beach, California
Dear Mr, Hurlburt:
0
DISTRICT
KENNETH SAMPSON
DIRECTOR • HARBORS B BEACHES
1901 BAYSIVE DRIVE
NEWPORT BEACH, CALIF. 92602
TELEPHONE (710) 679.6440
�✓ iJ
q�r e4 T1
•II ^a _3 iS65�
CAL'If. /A
Enclosed is a revised copy of "AGREEMENT FOR CONTRIBUTION BY CITY
OF NEWPORT BEACH TO BEACH EROSION CONTROL PROJECT COSTS, PHASE III
for execution by your City Council. This revised agreement has
been worked out cooperatively between your City Attorney, Mr. Tully
Seymour, and our County Counsel representative, Mr. George Logan,
and supersedes the agreement forwarded to you by letter, dated
May 12, 1964.
Following execution by your Mayor and City Clerk, please forward
the agreement to the Harbor District for processing through the
Board of Supervisors. Copies of the fully executed agreement will
be returned for your files.
Yours very truly,
q, Z_
KENNETH SAMPSON, Dire 7r of
Harbors and Beaches
KS:mph
1 Encl
As stated