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C-6946 - Encroachment Agreement EPN N2008-0063 for 7300, 7302, 7304, 7306, 7308 West Ocean front
RECORDING REQUESTED AND WHEN RECORDED RETURN TO: v Public Works Department City of Newport Beach Post Office Box 1768 Newport Beach, CA 92659-1768 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIII1111111111111 111I 1111111111111111 H11 111111111111111 II 174.00 2008000150383 02:43pm 04/01/08 112 254 Al2 57 0.00 0.00 0.00 0.00 168.00 0.00 0.00 0.00 Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT (EPN2008-0063) THIS AGREEMENT is made and entered into this /1A day of March, 2008, by and between Howard T. Mango, Trustee; Bill Schonlau; Aaron M. Leffler; Michael A. Cassara, Trustee; and David Granoff (hereinafter "OWNERS"), and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, (hereinafter "CITY"). OWNERS are the owners of property located at 7300 West Ocean Front, 7302 West Ocean Front, 7304 West Ocean Front, 7306 West Ocean Front, and 7308 West Ocean Front, Newport Beach, California, 92663, and legally described in Exhibit A, attached hereto and incorporated by reference. WITNESSETH: WHEREAS, as part of a sand dune restoration project (hereinafter "Dunes Restoration Project") required by the California Coastal Commission, OWNERS desire to construct and install certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within an area of City's public beach located approximately 84 feet inland of the mean high tide line, and approximately 197 feet 131 feet, or 25,807 square feet in area (hereinafter "Restoration Area"). The Restoration Area is located immediately adjacent to the parcels legally described on Exhibit B attached hereto and incorporated by reference; also known as 7300 West Ocean Front, 7302 West Ocean Front, 7304 West Ocean Front, 7306 West Ocean Front, 7308 West Ocean Front, and 7310 West Ocean Front, Newport Beach, California; WHEREAS, OWNERS of 7300 West Ocean Front, 7302 West Ocean Front, 7304 West Ocean Front, 7306 West Ocean Front, and 7308 West Ocean Front have retained 1 Los Cerritos Wetlands Stewards, Inc., (hereinafter "OWNERS' CONTRACTOR"), to provide a Restoration Plan to restore the sand dune area adjacent to their homes; WHEREAS, OWNER'S CONTRACTOR has produced a Restoration Plan which was required of the OWNERS by California Coastal Commission Consent Restoration Order CCC-06-CD-01, and said Restoration Plan was approved by the California Coastal Commission and is attached hereto as Exhibit C and incorporated by reference; WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with CITY's ability to construct, operate, maintain, and replace CITY and other public facilities and improvements within the Restoration Area and will temporarily impede public access across that portion of the public beach; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNERS to construct, install and maintain said PERMITTED IMPROVEMENTS to remain on the Restoration Area only during the period of the Dunes Restoration Project. NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as transplanted native vegetation; temporary five -eighths inch (5/8") low -density polyethelyne soaker hoses buried approximately six inches (6") to one foot (1') below sand level; five (5) above -ground sprinklers protruding approximately six inches (6") above sand level; approximately thirty-three feet (33') of rubber hose sprinkler line buried six inches (6") to one foot (1') below sand level and leading underground from OWNERS' properties to the Restoration Area; approximately ten (10) two -foot (2') high temporary stake (wood or other material approved by the Public Works Department) sand fencing structures on the oceanfront side of the planted portions of the Restoration Area; temporary boundary fencing constructed of approximately twenty (20) posts (wood or other material approved by the Public Works Department) that are four inches (6") in diameter and will protrude approximately three feet, four inches (34") above sand level, connected by nylon rope threaded through the top of each post, and approximately nine (9) white informational warning signs eight inches (8") tall and twelve inches (12") wide attached to boundary fence posts, all as described and depicted on EXHIBIT "D" attached hereto and as approved by 2 the Public Works Department. In addition, if any of the PERMITTED IMPROVEMENTS actually built or installed during the time of construction vary from the PERMITTFD IMPROVEMENTS approved herein, such variations or changes must be approved in advance by the Public Works Department and shall be shown on a supplemental diagram provided to the Public Works Department. No sprinklers or water lines shall be located on CITY property outside the fenced Restoration Area. 2. CITY will permit OWNERS, OWNERS' CONTRACTOR, and OWNERS' CONTRACTOR's individual volunteers to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within the Restoration Area, if in substantial conformance with the plans and specifications on file in the CITY. CITY will further allow OWNERS' CONTRACTOR to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities, subject to the following conditions: a. OWNERS' CONTRACTOR shall coordinate with City General Services Department, Police Department and Fire Department personnel, including lifeguards, to perform all work in a manner that will not interfere with City maintenance, law enforcement or lifesaving functions; b. All work and maintenance in the Restoration Area shall be accomplished by hand and with hand tools; no machines or machinery shall be used in creating, maintaining or dismantling the Restoration Area; C. All volunteers affiliated with OWNERS' CONTRACTOR shall sign waivers of liability in favor of CITY, relieving CITY of any and all liability associated with their presence and activities at and within the Restoration Area. The language of such waivers shall be approved by the City Risk Manager or his/her designee. OWNERS shall ensure that all volunteers execute such waivers, and shall maintain all files and records of signed waivers; and d. All signs posted upon the Restoration Area shall be in substantial conformance in design and content with the sign design and content illustrated in Exhibit C, such signs shall in addition bear the City of Newport Beach logo, and no sign shall be Posted without prior review and approval by the CITY Public Works Department. �3 3. Rights granted under this Agreement may be terminated by CITY at any time by giving 60-day notice, specifying in said notice the date of termination. CITY shall incur no liability whatsoever in the event of the termination of this Agreement, or subsequent removal of improvements. Rights granted under this Agreement shall be terminated by CITY upon substantial completion of the dunes restoration project. Upon substantial completion of the Dunes Restoration Project, all PERMITTED IMPROVEMENTS except vegetation installed pursuant to the Restoration Plan shall be removed from CITY property by OWNERS or OWNERS' CONTRACTOR at no cost or expense to CITY. 4. OWNER and CITY further agree as follows: a. OWNERS may construct and install PERMITTED IMPROVEMENTS and appurtenances incidental thereto, in substantial conformance with the plans and specifications on file in the CITY's Public Works Department, and as described on Exhibit "C" attached hereto. b. OWNERS shall maintain the PERMITTED IMPROVEMENTS in accordance with generally prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. There shall be no cost or expense to CITY for any cost associated with the installation, maintenance or removal of the PERMITTED IMPROVEMENTS, including any cost for water used to irrigate the Restoration Area. C. If City or other public facilities or improvements are damaged by the installation or presence of PERMITTED IMPROVEMENTS, OWNERS shall be responsible for the cost of repairs. d. Should CITY be required to enter onto said Restoration Area to exercise its primary rights associated with said Restoration Area, including but not limited to public safety, or the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required, and in such event: (i) CITY shall notify OWNERS' CONTRACTOR in advance of its intention to accomplish such work, provided that an emergency situation does not exist. (ii) OWNERS shall be responsible for arranging for any renewal, replacement, or restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY. rd (iii) OWNERS agree to pay all costs for the renewal, replacement, or restoration of the PERMITTED IMPROVEMENTS. 5. In the event either party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breaching party is an OWNER, CITY may enter upon the Restoration Area and remove all or part of the improvements installed by OWNERS. Termination because of breach shall be upon a minimum of ten (10) day notice, with the notice specifying the date of termination. 6. To the fullest extent permitted by law, OWNERS shall indemnify, defend and hold harmless CITY, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or OWNERS' or OWNERS' CONTRACTOR's (including CONTRACTOR's employees and volunteers) presence or activities conducted on or in furtherance or completion of the Dunes Restoration Project (including the negligent and/or willful acts, errors and/or omissions of OWNERS', OWNERS' CONTRACTOR, and/or OWNERS' CONTRACTOR's principals, officers, agents, volunteers, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require OWNERS to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any 5 insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 7. Insurance policies for the following coverage, with original endorsements related to the Restoration Area and the installation and maintenance activities to be performed hereunder, shall be issued by companies approved or licensed to do business in California and assigned Best's A- VII or other rating acceptable to CITY: a. OWNERS' CONTRACTOR shall maintain statutory Workers' Compensation Insurance and Employer's Liability Insurance in the amount of one million dollars ($1,000,000) for his or her employees in accordance with the laws of the State of California. In addition, OWNERS' CONTRACTOR shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by CITY at least thirty (30) calendar days (10 calendar days written notice of non-payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against CITY, its officers, agents, employees and volunteers for losses arising from work performed by OWNERS' CONTRACTOR for City, and provide the waiver of subrogation endorsement. b.General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 8. OWNERS agree that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of OWNERS' interest in the land, whether fee or otherwise, and shall be recorded in the Office of the County Recorder of Orange County, California. n 9. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 10. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 11. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 12. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 13. OWNERS shall at OWNERS' own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 14. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a Municipal corporation APPROVED AS TO FORM: By: G:� .It/ 4aron;Harp, Asst. City A orney By. ' omer Bl�udau, Ci Manager ATTEST: Ile ya— By: 8n LaVonne Harkless, City Clerk � '��RPi1A OWNERS: / // Pard`T. Mango, Trustee of The Howard T. Mango Trust UID January 19, 2007 00 West Ocean Front By: Bill Schonlau 7302 West Ocean Front By: Aaron Leffler 7304 West c n Front Michael A. assay , Trustee of the A.C. Investment Trust II, 7306 West Ocean Front David P. Gra • 7308 West Ocean Front Dated October 4, 1999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On r(A l O 2008 before me, � lam �I V) • �DV� Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(-s) whose name(-} is/are subscribed to the within instrument and acknowledged to me that he/$ey-executed the same in his/beetf-.authorized ca acit p y(�e--}; and that by his/f lie;- signature(.s-},on the instrument the person(s}, or the entity upon behalf of which the person{,�j-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LEILANl I. BROWN Commission # ) 633477 WITNESS my hand and official seal. " Notary PubAc - Calitorrtla Orange County MY Comm. Expires ion 25. 20 \— (SEAL) Notary Public in and for said State OPTIONAL INFORMATION Title or Type of Document: Encroachment Agreement N2008-0063 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On VKWCi k [o , 2008 before me, VV_ Lloc - f , Notary Public, personally appeared IS � 1 'Z—Sc4t oyi lC(Lk who proved to me on the basis of satisfactory evidence to be the person( whose name(pg is/( subscribed to the within instrument and acknowledged to me that he/s e/tf� executed the same in his/ eT/ eir authorized capacity(iK, and that by his/I),e'r/t,4c:ri'r signature(,s�on the instrument the personK, or the entity upon behalf of which the person(Al 'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. gA��� � (SEAL) Notary Public in and for sai tate OPTIONAL INFORMATION M. LOCEY Commission # 1611564 Notary Public - California rri . Orange County - My Comm. Expires Ocf 7, Title or Type of Document: Encroachment Agreement N2008-0063 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On 0 2008 before me, yyC�� Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(.dj whose name()' is/pfe subscribed to the within instrument and acknowledged to me that he/sloe/tl:i,6y executed the same in his/h.&M- (eir authorized capacity(ieK, and that by his/ham/tWir signature(!�,fon the instrument the person(s�,or the entity upon behalf of which the person(p)"acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M. 1 EY Commissionn # � 1611564 nia WITNESS my hand and official seal. Notary Public My Comm. Expires Oct 7, 2009 /Vc 4�K (SEAL) Notary Public in and for said OPTIONAL INFORMATION Title or Type of Document: Encroachment Agreement N2008-0063 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On `2j `, , 2008 before me, Notary Public, personally appeared -DClw-j C� +'_--jrC K who proved to me on the basis of satisfactory evidence to be the person(, ry whose name(.' is/4tt subscribed to the within instrument and acknowledged to me that he/sK/tfey executed the same in his/1-ijer/th,6ir authorized capacity(iW, and that by his/ham/their signature(s') on the instrument the person(s); or the entity upon behalf of which the person(,,B) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct M. LOCEY " Commission #t 16115" Notary WITNESS my hand and official seal. Orangeorr>ta County my Comm. Expires Oct 7, 2 SEAL Notary Public in and for saidta OPTIONAL INFORMATION Title or Type of Document: Encroachment Agreement N2008-0063 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On 2008 before me, _iiL L C7G Notary Public, personally appeared O& ccesscwn , who proved to me on the basis of satisfactory evidence to be the person(Wwhose name(K is/Ve subscribed to the within instrument and acknowledged to me that he/,5hle/t,My executed the same in his/Kr/tKeir authorized capacity(iee yl and that by his/�6'r/tl Ir signature(s�'on the instrument the person(4' or the entity upon behalf of which the person(ol acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M. LOC—iEllii WITNESS my hand and official seal. Commission#r 16115" Notary Public - California Orange County MY Comm. Expires Oct 7, 2009 (SEAL) Notary Public in and for sai e OPTIONAL INFORMATION Title or Type of Document: Encroachment Agreement N2008-0063 EXHIBIT A [,4:u0:r_1 Property commonly known as 7300 W. Oceanfront, Newport Beach, County of Orange, State of California The real property located in the City of Newport Beach, County of Orange, State of California described as follows: Parcel 1: Lot 1, Block M, of Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of California, as per Map Recorded in Book 7, Page 25, of Miscellaneous Maps, in the Office of the County Recorder of said County, Excepting therefrom the Northeasterly 15 feet conveyed to the City of Newport Beach by Deed Recorded January 6, 1932 in Book 526 Page 369, Official Records. Parcel 2: The Northeasterly 15 feet of that portion of Ocean Front adjoining Lot 1, Block M, of Seashore Colony Tract, In the City of Newport Beach, County of Orange State of California, as per Map Recorded in Book 7, Page 25, of Miscellaneous Maps in the Office of the County Recorder of said County, abandoned on January 4, 1932 by Resolution of the City Council of the City of Newport Beach. APN: 045-022-08 Property commonly known as: 7302 W. Oceanfront, Newport Beach, County of Orange, State of California All that certain real property situated in the City of Newport Beach, County of Orange, State of California described as follows: Parcel 1: Lot(s) two (2) of Block "M" of Seachsore Colony Tract, in the City of Newport Beachm County of Orange, State of California, as shown on Map recorded in Book 7 Page(s) 25 of Miscellaneous Maps, records of said Orange County. Except therefrom the Northeasterly 15 feet of said Lot, as conveyed to the City of Newport Beach, by Deed dated December 21, 1931 and recorded in Book 540 Page 170 of Official Records. Parcel 2: The Northeasterly 15 feet of that portion of Ocean Avenue adjoining Lot 2, Block "M" of Seashore Colony Tract, as shown on a Map recorded in Book 7, Page 25, Miscellaneous Maps, records of Range County, California, on the Southwest which was vacated and abandoned by the City of Newport Beach, on January 4, 1932 was disclosed by a certified copy of resolution recorded January 5, 1932 in Book 530 Page 34 of Official Records. APN: 045-022-07 Page 1 of 2 EXHIBIT A Property commonly known as: 7304 W. Oceanfront, Newport Beach County of Orange, State of California The following described property in the City of Newport Beach, County of Orange, State of California: Parcel 1: Lot 3 in block "M" of Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 7 Page 25 of Miscellaneous Maps, Official Records of Orange County, except the Northeasterly 15 feet as conveyed to the City of Newport Beach by deed recorded January 6, 1932 in Book 529 Page 197 of Official Records of Orange County, California. Parcel 2: The Northeasterly 15 feet of that portion of Ocean Avenue adjoining said Lot 3, which was abandoned January 4, 1932 by Resolution of the City Council of the City of Newport Beach. Except therefrom all oil, gas, minerals and other hydrocarbon substances lying below a depth of 500 feet without any right to enter upon the surface on the subsurface of said land above a depth of 500 feet, as provided in instruments of record. APN: 045-022-06 Property commonly known as: 7306 W. Oceanfront, Newport Beach County of Orange, State of California Lot 4 in block M of Seashore Colony Tract as shown on a map recorded in book 7, page 25 of Misc. Maps in the office of the county recorder of said county, and the Northeasterly 15 feet (measured along a line drawn parallel with the Southwesterly prolongation of the Northwesterly line of Sonora Street) of that portion of Ocean Avenue abutting on said Lot 4, vacated by a resolution of the Board of Trustees of said City, a certified copy being recorded in Book 530, page 54 of official records. Excepting therefrom the Northeasterly 15 feet conveyed to the City of Newport Beach, by the quitclaim deed recorded in book 523, page 493 of official records. APN: 045-022-05 Property commonly known as Seashore Colony Tract Lot 5 APN: 045-022-04 7308 W. Oceanfront, Newport Beach County of Orange, State of California Page 2 of 2 EXHIBIT B EXHIBIT B Property commonly known as: 7300 W. Oceanfront, Newport Beach, County of Orange, State of California The real property located in the City of Newport Beach, County of Orange, State of California described as follows: Parcel 1: Lot 1, Block M, of Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of California, as per Map Recorded in Book 7, Page 25, of Miscellaneous Maps, in the Office of the County Recorder of said County, Excepting therefrom the Northeasterly 15 feet conveyed to the City of Newport Beach by Deed Recorded January 6, 1932 in Book 526 Page 369, Official Records. Parcel 2: The Northeasterly 15 feet of that portion of Ocean Front adjoining Lot 1, Block M, of Seashore Colony Tract, In the City of Newport Beach, County of Orange State of California, as per Map Recorded in Book 7, Page 25, of Miscellaneous Maps in the Office of the County Recorder of said County, abandoned on January 4, 1932 by Resolution of the City Council of the City of Newport Beach. APN: 045-022-08 Property commonly known as: 7302 W. Oceanfront, Newport Beach, County of Orange, State of California All that certain real property situated in the City of Newport Beach, County of Orange, State of California described as follows: Parcel 1: Lot(s) two (2) of Block "M" of Seachsore Colony Tract, in the City of Newport Beachm County of Orange, State of California, as shown on Map recorded in Book 7 Page(s) 25 of Miscellaneous Maps, records of said Orange County. Except therefrom the Northeasterly 15 feet of said Lot, as conveyed to the City of Newport Beach, by Deed dated December 21, 1931 and recorded in Book 540 Page 170 of Official Records. Parcel 2: The Northeasterly 15 feet of that portion of Ocean Avenue adjoining Lot 2, Block "M" of Seashore Colony Tract, as shown on a Map recorded in Book 7, Page 25, Miscellaneous Maps, records of Range County, California, on the Southwest which was vacated and abandoned by the City of Newport Beach, on January 4, 1932 was disclosed by a certified copy of resolution recorded January 5, 1932 in Book 530 Page 34 of Official Records. APN: 045-022-07 Page 1 of 3 EXHIBIT B Property commonly known as 7304 W. Oceanfront, Newport Beach County of Orange, State of California The following described property in the City of Newport Beach, County of Orange, State of California: Parcel 1: Lot 3 in block "M" of Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 7 Page 25 of Miscellaneous Maps, Official Records of Orange County, except the Northeasterly 15 feet as conveyed to the City of Newport Beach by deed recorded January 6, 1932 in Book 529 Page 197 of Official Records of Orange County, California. Parcel 2: The Northeasterly 15 feet of that portion of Ocean Avenue adjoining said Lot 3, which was abandoned January 4, 1932 by Resolution of the City Council of the City of Newport Beach. Except therefrom all oil, gas, minerals and other hydrocarbon substances lying below a depth of 500 feet without any right to enter upon the surface on the subsurface of said land above a depth of 500 feet, as provided in instruments of record. APN: 045-022-06 Property commonly known as: 7306 W. Oceanfront, Newport Beach County of Orange, State of California Lot 4 in block M of Seashore Colony Tract as shown on a map recorded in book 7, page 25 of Misc. Maps in the office of the county recorder of said county, and the Northeasterly 15 feet (measured along a line drawn parallel with the Southwesterly prolongation of the Northwesterly line of Sonora Street) of that portion of Ocean Avenue abutting on said Lot 4, vacated by a resolution of the Board of Trustees of said City, a certified copy being recorded in Book 530, page 54 of official records. Excepting therefrom the Northeasterly 15 feet conveyed to the City of Newport Beach, by the quitclaim deed recorded in book 523, page 493 of official records. APN: 045-022-05 Property commonly known as Seashore Colony Tract Lot 5 APN: 045-022-04 7308 W. Oceanfront, Newport Beach County of Orange, State of California Page 2 of 3 EXHIBIT B Property commonly known as: 7310 W. Oceanfront, Newport Beach County of Orange, State of California Parcel 1: Lot 6 in Block M of Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 7, Page(s) 25, Miscellaneous maps, in the office of the county recorder of said county. Except the Northeasterly 15 feet thereof, as conveyed to the City of Newport Beach by Deed recorded January 6, 1932 in Book 523 Page 495 of official records. Parcel 2: A strip of land 15 feet wide adjoining lot 6 in block M of Seashore Colony Tract, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 7 Page 25 of Miscellaneous Maps, in the office of the county recorder of said county, on the Southwest between the southwesterly extension of the southeasterly and northwesterly line of said lot 6 being part of the vacated portion of Ocean Avenue, vacated by Resolution of the City Council of the City of Newport Beach, a Certified copy of which was recorded in Book 530 Page 54 of official records. APN: 422-022-03 Page 3 of 3 EXHIBIT C i STATE OF CALIFORNIA-THE RESOURCES AGENC. ARNOLD SCHWARZENEGGER, GOVERNOR CALIFORNIA COASTAL COMMISSION 45 FREMONT, SUITE 2000 SAN FRANCISCO, CA 94105- 2219 VOICE AND TDD (415) 904- 5200 FAX ( 415) 904- 5400 Via Regular Mail January 18, 2008 David Granoff 7308 W. Ocean Front Newport Beach, CA 92633 Angelo Cassara 7306 W. Ocean Front Newport Beach, CA 92633 Aaron Leffler 7304 W. Ocean Front Newport Beach, CA 92633 1601 Kings Road Newport Beach, CA 92663 Bill Schonlau 7302 W. Ocean Front Newport Beach, CA 92633 Howard Mango 7300 W. Ocean Front Newport Beach, CA 92633 Subject: Executive Director's Approval of the Restoration Plan Dear Dr. Granoff, Mr. Cassara, Mr. Leffler, Mr. Schonlau, and Mr. Mango: Thank you for submitting the additional information I requested regarding the Restoration Plan ("Plan") that you submitted, as required by Consent Restoration Order CCC-06-CD-01 and Consent Cease and Desist Order CCC-06-RO-001 ("Consent Orders"). After review of the revised Plan, the Executive Director has determined that the Newport Beach Dune Restoration and Monitoring Plan by Eric F. Zahn, MS, dated January 11, 2008, is consistent with the Consent Orders. We appreciate all the hard work and effort that has gone into drafting the Plan, and your continued patience and cooperation throughout this process and in responding to our early concerns with the previous drafts of the Plan. Please implement the Plan in accordance with the deadlines contained in the Consent Orders. In addition, prior to conducting any work on City of Newport Beach property, please ensure that you have all right -of -entry and/or encroachment permits that may be required for such work on City -owned property. It is my understanding that you have already obtained these permits from the City. The Los Cerrft05 Wetlands Stewards, Inc, 6289 E. Pacific Coast Highway, Long Beach, CA 90803 Newport Beach Dune Restoration and Monitoring Plan Eric F. Zahn, MS January 11th, 2008 Prepared For: Howard Mango, Bill Schonlau, Aaron Leffler, Angelo Cassara, & David Granoff Introduction Site Background This site is located near the mouth of the Santa Ana River in Newport Beach, California. Historically, this area was part of a large 3,000 acre wetlands complex called the Santa Ana River Marsh, which has now been reduced to a few hundred acres of functioning wetlands. Before Pacific Coast Highway was built and the Santa Ana River was flood controlled, the project site was originally part of an estuary that was continually inundated, especially during large storm events that would shift the mouth of the river. According to CCC staff the site also historically supported a functioning coastal sand dune community. Currently, the mouth of the river is controlled by rock jetties, and as a result sandy beach habitats have formed and been built along both sides of the river's mouth (Figure 1). The sandy beach and dunes just north of the river mouth have been converted into a least tern nesting site. When houses were built on the sand to the south of the river mouth, in Newport Beach, ice plant (Carpobrotus spp.), was planted on the sand adjacent to the houses. This popular beach landscaping plant is used in order to help stabilize sand and keep it out of properties. However, Carpobrotus spp. have been documented to accumulate sand at higher rates than the native dune vegetation of southern California and are known to stabilize dunes at unnatural heights (Cooper, 1967). The presence of this invasive group of plants skews the relationship between vegetation pattern and dune morphology (Parker 1974, Pickart and Sawyer, 1998). In the fall of 2005 Newport Beach residents of the seaward properties located at 7300, 7302, 7304, 7306, and 7308 West Ocean Front leveled, re -graded, and degraded approximately 2400 square meters (-25,800 square feet) of sandy beach directly behind their residences. This work was done without permits or permission, on public beach property owned and maintained by the City of Newport Beach. The residents used mechanized equipment to dramatically reduce the height of the dunes that (according to photos and anecdotes) had been continually growing in height over the past 20 years and had begun to block their view of the shoreline from their houses (Granoff, personal communication). The disturbed property (Assessor's Parcel Number 045-026-01) is recognized as an environmentally sensitive habitat area (ESHA). Regulation Requirements On February 8, 2006 the California Coastal Commission approved Consent Cease and Desist Order No. CCC-06-CD-01 and Consent Restoration Order No. CCC-06-RO-01. The persons subject to this order are: Howard Mango, Bill Schonlau, Aaron Leffler, Angelo Cassara, and David Granoff. According to the terms and conditions of these orders, the residents were responsible to, within 30 days of issuance; submit a restoration plan that would "...outline the restoration and revegetation of a natural sand dune system on the subject property where the unpermitted activity occurred." The conditions required that restoration plan include a detailed explanation of two project components: 1. A Restorative Grading Plan 2. A Revegetation Plan Dr. Rudi Mattoni of AgResearch Inc. submitted the original restoration plan which was rejected by the California Coastal Commision on April 26, 2006. This plan failed to incorporate several required elements covered in sections 3.1 A.1; 3.1 A.2; 3.1 B.1; and 3.1 B.7. Project Goals The main goal of this project is to create and establish a biodiverse southern California coastal dune habitat in the area disturbed by the Newport Beach residents. Our aim is for this habitat to be self -sustainable, with limited influence during the initial year of monitoring. This site currently contains only non-native vegetation and no historical botanical documentation to suggest that this recently supported a functioning native coastal dune plant community (Clarke et al., 2007). The scope of this project will meet all the requirements put forth the by the California Coastal Commission. We hope that the success of this project will demonstrate to neighboring residents and to the City of Newport Beach that the establishment of native coastal dune habitats is an attractive and environmentally friendly way to stabilize sandy beaches near residences. Resource Specialist Background The Los Cerritos Wetlands Stewards is a 501(c)(3) non-profit organization dedicated to the restoration and enhancement of natural upland and wetland habitats in urbanized areas of southern California. The Steward's mission is to spread an awareness of the importance of these areas through restoration, research, and education. They have restored, created, and maintained both freshwater and salt marshes in Los Angeles County. 2 The Stewards also have extensive experience in removal of non-native invasive weed populations from upland habitats such as coastal sage scrub and coastal dunes. Mr. Eric Zahn is the staff ecologist who will be the managing this project. Mr. Zahn specializes in the restoration of coastal plant communities and has a master's degree in wetlands plant ecology with an emphasis in invasive plant population ecology. Currently he teaches wetland biology as well as plant ecology at California State University Long Beach and also acts as the director of research and education for the Los Cerritos Wetlands Stewards. Restorative Grading Plan It has been over 2 years since the aforementioned disturbance of this site occurred. During this time the highly dynamic sandy beach and coastal dune habitats found on this site have shifted noticeably due to aeolion transport powered by onshore winds, accompanied by the continuing growth and spread of ice plant. Figure 2 details the pre - disturbance topography of the dunes as of April4' 2005. This figure shows that the highest point was originally about 6 meters (19.7 feet) above sea level (MLLW), which is about 2 meters (6.6 feet) taller than the sand nearest to the residences. A LIDAR remote sensing survey, taken October 181', 2005, of the dune's post -disturbance topography shows that the apex of the dunes had been reduced to as low as 1 meter (3.3 feet) taller than the sand nearest to the residences, which is about 5 meters (16.4 feet) above sea level (MLLW; Figure 3). The current topography of the dunes surveyed on January 2nd, 2008 indicates that the dunes have naturally re -stabilized themselves at a height as high as 6.2 meters above sea level (MLLW). The current topography and contouring can been seen in cross-section (Figure 4) and in overview (Figure 5). The morphology of these dunes have been rejuvenated by the natural processes that form sand dunes. This rejuvenation is also evident by the re-establishment of iceplant in some of the seaward foredune areas that were previously leveled. Therefore, the natural contours of the dunes have already begun to restore themselves and only require enhancement through the planting of native vegetation. In southern California dune systems, native coastal strand plants may accrete sand at rates as high as 5 cm/hr (Dugan and Hubbard, 2004). This leads us to believe that use of machinery to re -grade these dunes will not be necessary and that planting the dune crests, and other appropriate areas, will lead to a natural growth of the sand dunes at this site. In fact, further cutting and filling on this site will likely have negative impacts on the ecological success of this system, as well as the surrounding sandy beach habitat. Mechanical treatment of dune systems can result in large exposed areas of destabilized sand, which can trigger major sand movement and erosion events known as "blow outs" (Pickart and Sawyer, 1998). Furthermore, the disturbance of sand by large pieces of machinery can destroy or compact the thin organic layer of substrate that is needed to have a successful revegetation program (Pickart and Sawyer,1998). Our approach will eliminate the possibility of further impacts to the site and surrounding areas. No truly natural coastal dune complexes exist, within close proximity, to use as reference sites for dune morphology. Any nearby dune habitat that could be used as a reference site for dune slopes and elevations has either been the subject of a restoration, or is highly degraded and/or infested with non-native vegetation. The nearest naturally functioning dune site is the Los Angeles/El Segundo Dunes in the City of Los Angeles. Much of this complex has also been the subject of restoration, however, several areas offer are viable options for reference of dune morphology and suggest that the current morphology of Newport site is suitable for planting. We have also compared our restoration site with the two nearest coastal areas that support native coastal dune plant communities. Reference site #1 is California Least Tern nesting preserve just north of the Santa Ana River, and reference site #2 is located along Bolsa Chica State Beach u1 Huntington Beach (Figure 6). These sites are both located at approximately the same distance from the shoreline as our restoration site and neither of these sites supports ice plant populations, though they both were historically colonized by Carpobrotus spp. before being restored. The managers of both of these sites have implemented sand -fencing to increase the heterogeneity of the dune topography and to better stabilize the dunes in order to keep them from blowing into neighboring roads and parking lots. Neither of these reference sites boasts elevations as high as our restoration site. We estimate that the heights of these reference dunes do not exceed 1 meter (3.3 feet) at any point. This likely is due to the fact that Carpobrotus spp. are not present, and instead a healthy native coastal dune plant community has been established. Revegetation Plan Site Preparation NON-NATIVE PLANT ERADICATION: All living exotic vegetation within the revegetation area will be completely eradicated. The three species to be controlled are Carpobrotus spp. (hottentot-fig/ sea -fig/ ice plant), Drosanthemum hispidum (rose ice plant) and Cakile maritima (sea -rocket). All non-native species will be removed by hand, ensuring that steeper areas of the dunes are not destabilized. All sea rocket plants will be disposed of immediately, however, as a deterrent to erosion, dead and/or dying ice plants will initially be left in the spot they were uprooted until planting occurs. Vegetative fragments may reestablish themselves for up to 100 days after removal (Zahn, 2006), so they will need to be regularly flipped to avoid reinvasion of the iceplant. According to Pickart and Say*yer (1998), it is common practice to leave removed ice plant material in place until planting, in order to maintain the stability of the dunes. Removed plant material will either be disposed of off -site or finely composted on - site for use as organic mulch for container plants. The site will be raked to remove any remaining roots or ice plant fragments. This will also provide a smooth surface for native planting. Carpobrotus edulis and the hybrids it forms with Carpobrotus chilensis are both included on the recent list of invasive non-native plants that threaten wildlands in California (Cal-IPC, 2006). They have both been documented to exclude the establishment of native dune plants (Duebendorfer, 1992; Sawyer and Keeler-Wolf,1995), so the complete removal of all Carpobrotus spp. plants from the site will be necessary to ensure the establishment of a healthy coastal dune plant community. Figure 7 details the current distribution of non-native plants species as of March 2006. .19 IRRIGATION SYSTEM DESIGN: A temporary irrigation system will be constructed with Seri- s of 5/8" low -density polyethylene soaker hoses and several sprinklers (Figure 8). Irrigation is necessary to increase the survival rates of the native vegetation and will help to reduce erosion of the substrate during the revegetation process. The soaker hoses will be used in planting area 'A' to ensure that the planting area receives a thorough soaking, while avoiding water loss due to evaporation and sand erosion that may occur at higher rates if only sprinklers were used. These hoses are more malleable than PVC piping, will still function even when buried, and will be easily relocated to areas that need more moisture. Flow of water to certain areas of the planting area will be controlled by splitters equipped with valves. Sprinklers will only be used in planting area 'B' where the soils are loamier and the slopes are less dramatic. The irrigation system will not impact public access as it will not cross over public access trails and will be totally covered by sand between the water connection and restoration area. SAND -FENCING SYSTEM DESIGN: A temporary, wooden, sand -fencing system will also be installed in and around planting areas that we wish to stabilize for revegetation (Figure 9). l'ne two foot tall fences will be composed of a series of connected two inch wide wooden slats spaced an inch apart. For aesthetic and viewshed reasons, this fencing will be shorter that those normally used in these types of projects and will be removed after three years or when the plants have become sufficiently established. Sand fencing has been shown to be a successful method for increasing sand accretion prior to vegetative transplanting and for decreasing dune erosion rates due to wind. (Pickart and Sawyer, 1998). In accordance with section 3.1.A.2 of the order, the disturbance boundary shall be physically delineated in the field using temporary measures such as stakes of colored tape prior to initiation of any activities resulting in the physical alteration of the subject property. Plant Propagation All container plants will be propagated from local seed and/or cuttings and/or divisions to preserve local genetic integrity. Local sources shall include the two aforementioned reference sites, as well as similar dune systems near the mouth of Anaheim Bay in Sunset Beach, Ca and near the mouth of the San Gabriel River in Seal Beach, CA (Figure 6). Container plants will be grown from seed in greenhouse conditions such that the plant fills the container size specified. Roots will reach the bottom of the container but will not show signs of being root -bound. Seeds will be hand collected and cleaned and refrigerated until application. Irrigation The irrigation system will be prepared as described above. Prior to plant installation in March 2008, the site will be irrigated for four hours over three days to saturate the soil to a depth of 18 inches if sufficient rain has not already done so. After container plant installation, irrigation will continue to be used to supplement natural rainfall as necessary. During the first three months after plant installation, we will irrigate as necessary to keep 9 the soil moist to a depth of 18 inches. Irrigation will be halted three months after plant installation, approximately late June 2008, and no irrigation will be utilized during the spring and summer months if the plants maintain turgidity. Depending on plant performance, supplemental irrigation may be introduced again in late fall and through the winter months of 2008-2009. All irrigation will occur during the night to reduce water loss due to evaporation and irrigation will not be necessary during rain events. Over irrigating dune systems often leads to higher rates of non-native weed establishment, so the irrigation system and scheme will be closely monitored. Planting Scheme In order to achieve a high survival rate, planting will commence in late March 2008, well before the summer months. Dry conditions, high temperature levels, and increased foot traffic makes it impractical to initiate planting during the summer months. However, sand -fencing will be installed previous to this date and site preparation will begin once the proposed plan is approved. The site has been split into two different revegetation zones. The pioneer foredune areas furthest seaward (Zone 'A') will be planted with plants representing the southern foredune plant community (Table 1a), while the loamier areas nearest the houses (Zone 'B') will be planted with appropriate plants representing the southern dune scrub plant community (Table 1b). The distribution of the proposed revegetation areas are detailed in figure 10. The abundance of species to be planted in each zone is based on local surveys and scientific references (Barbour, 1976, Barbour and Johnson,1988, Mattoni,1990, Hickman,1993, Mattoni and Longcore,1997). Our goal is to emulate the mature natural plant communities found at Ormond Beach in the City of Oxnard. While the Los Angeles/El Segundo Dunes are the nearest mature dune complex, they are not a good reference site for the planting scheme as this dune complex contains a variety of site - endemic plant species (Sapphos Environmental, Inc., 2005). It must be noted that the design of our project site is not consistent with natural dune systems. Over 84 meters of foredune and beach habitat exists between the water line and the project site (Figure 11). However, this foredune area is used for recreation and for emergency vehicle access and is completely unvegetated. This leaves a relatively narrow area (zone 'A') of foredune habitat just before the dune crest. There is only about 20 meters between the dune crest and the houses. This area (zone 'B') is filled with duff and other organics from non-native vegetation and is ideal for dune scrub plant species. Existing beach access trails will be taken into consideration during the planting process. Public access will not be hindered by the planting and thorny or burr -producing plants will be kept away from public access areas. In order to achieve a fully functioning native dune habitat, the planting area may extend outside of the initially disturbed area. Figures 12 and 13 illustrate the public access and extents of the project site from two different views. Container plants will be planted in holes dug twice as large and deep as the containers. The establishment rates of some dune plants are increased with the use of fertilizers, so appropriate soil amendments, composed of thoroughly washed and dried Enteramorplia sp. algae, will be used if deemed necessary by a resource specialist. The natural soil amendment contains all 17 of the essential elements needed for plant growth .1 and has been used successfully in.many revegetation projects (Zedler, 1986). The dry algae will simply be crushed into fine particles and added to the planting holes just before plants are put in the ground. If fertilization is necessary, it will only occur during the initial planting. Over -fertilization must be avoided so to not promote the establishment of uni r anted weedy species. Populations of some dune plant species, such as Camissonia cheiranthifolia and Abronia spp., are readily established via seed. Therefore seeding methods will be utilized to support the revegetation. Seeds of appropriate species (Table 1a&b) will be mixed in 5 gallon buckets filled with moist sand gathered from the site. When fully mixed, the sand - seed mixture will then be spread in the appropriate areas of the site and raked in. This method of "mud balling" is used to reduce predation rates and wind dispersal of the seeds. It also immediately exposes the seeds to needed moisture to help break their dormancy and eliminates the laborious process of hand watering. Seeding will only occur in the seaward planting areas A7-A10 of Zone 'A' as prevailing winds will carry seeds to other areas within the restoration site (Figure 10). The revegetation areas will be purposefully over -planted and over -seeded. However, once natural conditions are permitted, the plants will assume a founder model of succession. This model assumes that those plants that establish early during ecological succession will ultimately define the community. Therefore the plantings will emulate the density and proportion of plant species that we intend to comprise the dune plant community at project completion. Maintenance Site Protection Trampling presents a danger to the success of plantings and since the revegetation sites are on public beach property access is unlimited. A temporary fence will need to be constructed in order to minimize public traffic. However, the fencing will not block or impede sand or wind flow, nor will it impede public beach access. The fence will be composed of 1 meter tall round wood posts with a diameter of 10 centimeters. The posts will be spaced at 10 meter intervals and connected by a light nylon rope threaded through the top of each post. The fence will be present throughout the first three years of the project, or until the vegetation is determined to be adequately established and irrigation is no longer needed. The fencing will be installed prior to any planting activity or construction of sand -fencing or irrigation systems. The fencing will not impede public access to the beach or shoreline. The location of perimeter fencing is presented in figures 8,9,'Iand 10. Several fencing posts will be fitted with an informative signs to warn the public of the sensitive nature of the restoration area. The signs will measure 20 cm in height by 30 cm in length. The proposed sign design is detailed in figure 14, while the locations of the signs are shown in figure 8. Weed Control The site will be weeded throughout the spring and summer following plant installation on a biweekly basis. Special attention shall be paid to potential establishment of iceplant and the eradication of sea -rocket. Weeding shall be repeated following the 7 winter rains of the second growing season following installation and whenever needed throughout the 5 year monitoring period. Replacement Plantings Additional planting may take place during the fall of 2008 if more than 50% of the container plants do not become established. Furthermore, any seeded areas that remain bare will also be re -seeded during the fall of 2008. Replacement planting & seeding shall follow the same protocol as initial installation. Monitoring Methods Performance Standards The revegetation program will be determined successful if populations of at least 5 native plant species are established and self -sustained in both planting zone 'A' and 'B'. This number is consistent with native plant communities found at our natural reference site (Ormand Beach) and our local reference sites (Santa Ana River Mouth, Bolsa Chica, Sunset Beach, and Seal Beach), as well as previous studies (Barbour, 1976, Barbour and Johnson, 1988). Furthermore, an average of 70% native plant cover must be present throughout the site at the end of the five years and less. Lastly, the project will not be successful if more than 5% of the plant cover is by exotic species with 0% being invasive exotics. Data Collection and Analysis Plant coverage will be quantified annually using stratified random sampling. This assessment will be conducted monthly for the first year; quarterly for the 2nd and 3rd years after plant installation; and yearly for the last 2 years of monitoring. During each monitoring bout,1 meter squared quadrats will be randomly sampled (10 quadrats per planting zone). The quadrats will be surveyed for percent cover, as well as for species richness. Results within each zone will be combined to produce percent native cover, exotic cover, and bare ground. In addition, the sampling methodology will allow calculation of plant species diversity using the Shannon index: Equation 1: H _ -I p; In p; Where p; is the proportion of cover of the ith species (Magurran 1988). This measure ff ) incorporates both species richness and species abundance. This analysis provides an additional measure beyond simple plant coverage to evaluate the ecological success of the system. Photopoints Progress of revegetation shall be tracked using 5 fixed photopoints. Each April, color photographs of the project site will be taken from established locations. The previous year's photos will be used to ensure that the same view is replicated each year. The timing is intended to capture the maximum plant growth period, including annual species that would not be visible during other times of the year. The first year, photodocumentation shall also occur after irrigation is halted. If irrigation is necessary during year two, similar timing shall apply. Several photos of the site as of February 2007 can be seen in figure 15. Conclusions Schedule of Reporting Annual reports will be prepared by a resource specialist and submitted to the California Coastal Commission no later than 13 months after the planting. Reports shall include quantitative report of cover as described above, photodocumentation, assessment of the adherence of the project to the restoration plan, and any recommendations for additional restorative activities. A final detailed report will be prepared by a resource specialist for review by the CCC. Contingency Measures Success for the project will be best ensured through a process of adaptive management, which is characterized by the capacity to evaluate conditions and make changes to address issues as they arise. Through consultation with Coastal Commission Staff the project should be flexible in its implementation in response to unforeseen changed circumstances. We look forward to having positive working relationships with all involved parties. Z References Cited Barbour, M.G. (1976) Synecology of beach vegetation along the Pacific Coast of the United States: a first approximation. Journal of Biogeography 3, 55-69. Barbour, M.G., and A.F. Johnson. (1988) Beach and dune. In Terrestrial Vegetation of California (M.G. Barbour and J. Major, eds.), p. 223-261. Sacramento, CA: California Native Plant Society. Cal-IPC, 2006. California Invasive Plant Inventory. Cal-IPC Publication 2002-06. California Invasive Plant Council: Berkeley, CA. Clarke, O.F., G. Ballmer, and A. Montalvo. 2007. Flora of the Santa Ana River and Environs: with reference to world botany. Heyday Books, Berkeley, CA. Cooper, W.S. 1967. Coastal Dunes of California. Geological Society of America Memior 104 Duebendorfer, T. 1992. Vegetation classification, rare plant analysis, impacts, restoration, and habitat management strategies for the Humboldt County Beach and Dunes Management Plan. Humboldt County Planning Department, Eureka, CA. Dugan, J.E. and D.M. Hubbard. 2004. Effects of beach grooming on coastal stand and dune habitats at San Buenaventura State Beach. Coastal Resources Agency Department of Parks and Recreation Channel Coast District. Hickman, J.C., ed. (1993) The Jepson manual: higher plants of California. University of California Press, Berkeley, CA. Magurran, A. E. 1988. Biological diversity and its measurement. Princeton University Press, Princeton, NJ. Mattoni, R., and T.R. Longcore. (1997) The Los Angeles Coastal Prairie, A Vanished Community. Crossosoma 26, 71-102. Mattoni, R.H.T. (1990) Species diversity and habitat evaluation across the El Segundo sand dunes at LAX. Los Angeles: Los Angeles Department of Airports Parker, J. 1974. Coastal dune systems between Mad River and Little River, Humboldt County, California. M.A. thesis. California State University Humboldt, Arcata, CA. Pickart, A.J and J.O. Sawyer. 1998. Ecology and restoration of Northern California coastal dunes. California Native Plant Society, Sacramento, CA. Sapphos Environmental Inc., 2005. Los Angeles/El Segundo Dunes Habitat Restoration Plan. Los Angeles World of Airports. Sawyer, J.O. and T. Keeler -Wolf. 1995. A manual of California vegetation. California Native Plant Society, Sacramento, CA. Zahn, E.F. 2006. The invasion of Southern California coastal salt marshes by exotic ice plant (Aizoaceae.). M.S. thesis. California State University Long Beach, Long Beach, CA. Zedler, J.B., Principal Author. 1996. Tidal Wetland Restoration: A Scientific Perspective and Southern California Focus. Published by the California Sea Grant College System, University of California, La Jolla, California. Report No. T-038. 10 Project Timeline Site Preparation 2008 February 1"- March 20" March 1st-7th March 14"-16' Ma?r4--h 181h-201h Planting 2008 March 21"-22"6 Weed Maintenance and Debris Removal Perimeter Fence and Signage Installation Irrigation System and Sand Fencing Installation Initial Site Irrigation (4 hours per day) Container Plants and Seed Mixes Installed October 1st -December 1" Replacement Planting (if needed) March 22"d - June 22nd Irrigation As Needed Monitoring March 2008-February 2009 Monthly Vegetation Monitoring and Photo Monitoring March 2009-February 2011 Quarterly Vegetation Monitoring and Photo Monitoring March 2011-February 2013 Biannual Vegetation Monitoring and Photo Monitoring Habitat/Non-Native Weed Maintenance March 2008-February 2013 Monthly or As Needed Reports April 1st 2009 1" Annual CCC Report April 1" 2010 2nd Annual CCC Report April 1" 2011 3'd Annual CCC Report April 1" 2012 4" Annual CCC Report April 30" 2013 5`' Annual & Final CCC Report 11 Table 1a) Zone 'A' plant species (Hickman 1993) and approximate numbers Plantspecies (COMMON NAME) # of Containers Seeded Abronia toubellatR PINK SAND VERBENA 15 NO Abroma niarltinia RED SAND VERBENA 20 YES And. -rosin CI1n1111SS011iS BEACH BUR 30 YES Atri lex leuco hi lla DUNE SALTBUSH 20 YES Cali Ste la Soldanella (BEACH MORNING-GLORY) 15 NO Camissonia chelranthi olio BEACH EVENING PRIMROSE 30 YES Distichlls S icata SALTGRASS 15 NO Table 1b) Zone 'B' plant species (Hickman 1993) and avvroximate numbers Plantspecies (COMMON NAME) # of Containers Seeded Abronla unlbellata PINK SAND VERBENA 10 NO Abronia niaritlina (RED SAND VERBENA) 10 NO A1?ibrosia chaimssoni5 BEACH BUR 20 NO Atrl lex leuco h lla DUNE SALTBUSH 20 NO Cali ste is Soldanella BEACH MORNING-GLORY 15 NO Camissonia cheiranthi olio BEACH EVENING PRIMROSE 25 NO DisL_ hhs S icata SALTGRASS 10 NO Elicelia californica (CALIFORNIA SUNFLOWER) 10 NO Eriogonum facsiculatum (CALIFORNIA BUCKWHEAT) 10 NO Eriogonum parvifolium (SEA -CLIFF BUCKWHEAT) 25 YES ESchscholzla Call omica CALIFORNIA POPPY - YES Frankenia grandiflora (ALKALI HEATH) 15 NO Heliotropiuni curassivicum (SEASIDE HELIOTROPE) 25 NO Isocoma inenziesii (GOLDEN BUSH) 10 NO Lotus scoparius (DEERWEED) 10 NO Lupinus chailiissoliis (DUNE BUSH LUPINE) 20 NO Lyciuili californicum (CALIFORNIA BOXTHORN) 10 NO Suaeda taxifolin (WHOLLY SEA-BLITE) 10 NO 12 13 Figure 1. Aerial view of site and surrounding areas 14 Figure 2. LIDAR remote sensing map, prepared by Scripps Institute of Oceanography, indicating the dune's pre -disturbance heights as of April 4th 2005. Measurements are in meters above sea level. (The foundations of the houses are measured at 4.0 m (13.2 ft) above sea level.) 15 r-- d A N , L 4 ��Ii1 s �r Figure 4. Current dune topography in cross-section view. 17 C�J CO II II 11 II II II It II it 11 11 II II 11 �' II ^' I1 I1 11 11 _ 11 11 11 II II 11 II II II ii it 11 II 11 II it II 11 I�m it it II II II �I II f II it II 11 11 11 it II 11 II !1 II II II 11 it 11 11 11 11 II it II II II II 11 II 11 F II 11 If II 11 11 11 II 11 11 II II II II 11 „ ii 11 it 11 II 11 I II II 11 II 11 1 11 I 11 , it r 11 II rr Il it � 11 II 11 I 11 moo 11 II 11 II II II II 11 II 11 II II II 11 II ;2� 3 N IN 0 a 0 Figure 5. Current dune topography in overview. Cross- 1�3 section locations indicated L! a Figure 6. Location of local reference and collection sites. 1 ) I CD I A m CO M' a lit 0 CD W� w Figure 7. Locations of invasive plant species as of March 2007. 0 W 00 t37 -a N 0 ! ! t ♦ C400 t t t t a i t t r • ' * t at ! a t i i M Now � 1 t ♦' =� Un A� ED W t� I Figure 8. Proposed irrigation system design and signage locations. 21 I W 0 GNI �1 W 0 4 W 0 N W 0 0 000 00 CPO ■ moo 0 1 —. " 1(�+ G) m 0 0 M 4 22 Figure 9. Proposed sand fencing locations . wr CL I V 3 0 M --A (10 C) _r_- 0 O 0 M 0 Figure 10. Proposed planting areas and perimeter fencing locations. 23 �x 00 y 0 � U) 1 wO ram+ i. +¢. Figure 11. Aerial view of project extent and surrounding areas 24 2 :3 ... ,{ Figure 12. Aerial view of project site extent and public access. 25 fvY Figure 13. Angled aerial view of project site extent and public access. Figure 14. Proposed signage design. 27 m m a c F © a m c o c 6 m C m � C tL t a E 7 m f T 9 � — C S 6 p C C p b d A C 9 0 9 A Q b L 9 C m0 coap��r p>ft�3p mfe gfmmm77�coti m p E C W W C R ® Q C p J m Q¢ � � R U 6pG m W i «« b 7 7 7 E 3 i Q x U Wd m 17NO U ca >j U� i a0 y �I 00 ` v z a0; U U U N to N oo i a0 Al 0 OJ�' f•� 10�1.', yam: ���t ��Lt � x _ " Ur la �+� - 1'tl � # .cis �^ � a • " V h r/ 0 Cd a 9 0 0 >° w c F m g w m o °c c m � an a L t aJ L n�LL �m JL 7 wp a m m� pp0 gyp o4 @m@ �armNq pq p�p jcf � � _t� G4cm mcpq GAC —n,m mAAAAQGmj�m mpL aqA za om q'mq�rormd�>fc;�m_mfti ggmmm>;�c°rmC; m m Y W W w fOJA J� j L V�ryss� Q C �M 2S A A%«« p A p �' A A A,`, w0« UWam0U)0Utd>S U� za.0S100`9� z10UUUNNNNNza0] O . O � �5 EXHIBIT D C7 (7) r? 0 00 C37 P• �7 C i `o v► to 0 M *MM �, rn G o M U:) c n z --• —. �, Figure 8. Proposed irrigation system design and signage locations. L1 W O 00 W 0 (3) W 0 0 I$ i 22 Figure 9. Proposed sand fencing locations . I W 0 CS7 W O W 0 0 �sA rr 1 MA i n A) 0 Figure 10. Proposed planting areas and perimeter fencing locations. 23 CITY CLERK'S ACKNOWLEDGEMENT State of California ) County of Orange ) On March 17 , 2008, before me, LAVONNE M. HARKLESS, CITY CLERK OF THE CITY OF NEWPORT BEACH, personally appeared Homer Bludau , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated this 17th day of March , 2008. WITNESS my hand and official seal. LAVONNE M. HARKLESS, CITY CLERK CITY OF NEWPORT BEACH, CALIFORNIA CAPACITY OF SIGNER DESCRIPTION OF ATTACHED DOCUMENT: Municipal Corporation Officer Encroachment Agreement City Manager EPN2008-0063 SIGNER IS REPRESENTING: # of pages 5-1 City of Newport Beach Document Date: March 17, 2008 Signer(s) other than named: H. Mango, B. Schonlau, D. Granoff, A. Leffler, M. Cassara, Aaron Harp