HomeMy WebLinkAboutC-2441(B) - Upper Newport Bay Sediment & Restoration Project, Unit I, Cooperative Agreement� �EvV�RT
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TO: FINANCE DIRECTOR
Public Works
FROM: CITY CLERK
DATE: February 7, 1985
0
CITY OF NEWPORT BEACH
SUBJECT: Contract No. C -2441B
OFFICE OF THE CITY CLERK
(714) 640 -2251
Description of Contract Upper Newport Bay Sediment Control and
Restoration Project Funding Agreement with Port of Long Beach
Effective date of Contract Julv 2. 1984
Authorized by Minute Action, approved on June 25, 1984
Contract with
The
Port
of Long Beach
Address
P.O.
Box
570
Beach. CA 90801 -0570
Amount of Contract (See Agreement)
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
1
AGREEMENT
2
3
THIS AGREEMENT is made and entered into, in duplicate,
4
as of the 2nd day of July 1984, by and between the CITY OF
5
NEWPORT BEACH, a municipal corporation, ( "City "); and the CITY
6
OF LONG BEACH, a municipal corporation, acting by and through
7
its Board of Harbor Commissioners ( "Board ").
8
9
This Agreement is made with reference to the following
10
facts and objectives:
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11
A. In connection with application to the U. S.
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Army, Corps of Engineers ( "Corps ") for permits for certain
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landfill projects within the Harbor District of the City of
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Long Beach, Board entered into a Memorandum of Understanding
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( "MOU ") on March 26, 1984 with the California Department of
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16
Fish and Game, the National Marine Fisheries Service, and
17
the U. S. Fish and Wildlife Service to establish a procedure
18
for advance compensation for marine habitat losses which
19
will occur as a result of said port development landfills.
20
A copy of said MOU (Harbor Department Document No. HD- 3799)
21
is attached hereto as Exhibit "A ", and by this reference
22
incorporated herein.
23
B. Said MOU obligates Board to perform certain
24
remedial work in the Upper Newport Bay Ecological Reserve
25
( "UNBER "), located in the City of Newport Beach, California,
26
in order to restore and enhance the shallow water habitat
27
in that area, and further provides that, upon completion of
28
said work, Board shall be credited with certain "habitat
1 Document No. HD- 3851.
•
•
III governmental agencies having jurisdiction for the other restora-
2 tion work. Notwithstanding City's election to combine restoration
3 projects, the City shall not be relieved of its obligation to
4 complete the restoration work described in the Board's Specifica-
5 tions by December 1, 1985.
6 6. If, for any reason, City does not complete the
specified restoration work prior to December 1, 1985 or any
8 approved extension of time, City shall return to Board without
9 further demand the unexpended portion of the Board Fund, together
10 with all interest earned on said Fund during the period said
11 Fund was held in trust by City.
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=msmo 12 7. City agrees, as between the parties hereto, that
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13 Board shall be entitled to habitat trade -off credits under the
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=8�t 14 MOU as a result of the work to be performed hereunder by City,
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3m m� 15 as if the work contemplated in the MOU were performed under the
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17 8. City hereby agrees to indemnify and defend the
18 City of Long Beach, Board, and their officers and employees from
19 and against any and all claims, liability, loss or damage arising
20 from, or related to, any work performed in the UNBER area, at
21 any site selected for disposal of dredged material, or otherwise
22 arising out of work contemplated to be performed under the
23 direction and control of City to which the funds deposited by
24 Board are committed.
25 This agreement is executed with all the formalities
26 /
27 /
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required by law by the respective parties hereto on the dates
set forth below.
Approved as to Form
of %. 1984
o ert H. Burnham, City Attorney
City of Newport �Beach
1984
Approved as to Form
1984
ROBERT W. PARKIN, City Attorney
City of Long Beach
26 By _ `- , -- � t'-
27 Deputy City Attorney
28 RLL:jg:ja
6- 19- 84/N -3
CITY OF NEWPORT BEACH,
a munic) pal corporation
Mayor P iG Tbm
CITY
CITY OF LONG BEACH, a municipal
corporation, by order of its
Board of Harbor Commissioners
I
By;��
Jame, McJ nkin, .
Executive
D' irector
Long Beach Harbdlr Department
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N U
MEMORANDUM OF UNDERSTANDING
BETWEEN
ThE °_OARD OF HARBOR COMMISSION£RS_OF THE CITY OF LONG BEACH,
THE CALIFORNIA DEPARTMENT OF FISH AND GAME,
THE NATIONAL MARINE FISHERIES SERVICE, AND
THE FISH AND WILDLIFE SERVICE
TO
ESTABLISH A PROCEDURE FOR ADVANCE COMPENSATION
OF MARINE HABITAT LOSSES
INCURRED BY PORT DEVELOPMENT LANDFILLS
WITHIN THE HARBOR DISTRICT OF THE CITY OF LONG BEACH
THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into by
the UNITED STATES OF AMERICA, acting by and through the FISH AND
WILDLIFE SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR ( "FWS "),
AND THE NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE
( "NMES "), the STATE OF CALIFORNIA, acting by and through the DEPART-
MENT OF FISH AND GAME, RESOURCES AGENCY ( "CDFG "), and the CITY OF
LONG BEACH, acting by and through the BOARD OF HARBOR COMMISSIONERS
( "Board ").
WHEREAS, the Board is mandated to foster the orderly and
necessary development of the Port of Long Beach, including the crea-
tion of new land in the Harbor District of the City of Long Beach
( "Harbor District ") by landfill; and
WHEREAS, FWS and CDFG have as their primary mandate in
this ratter the conservation, protection, and enhancement of
marine fish and migratory birds and their habitat, including.the
planning of biological loss avoidance, the minimization of adverse
project impacts upon fish and wildlife resources and their habitat,
1
and assuring full compensation for any unavoidable losses of fish and
wildlife and their habitat resulting from project construction and
operation; and NMFS has as its primary mandate, the conservation,
protection and enhancement of marine fishery resources, including
the planning of biological loss avoidance, minimization of adverse
project impacts, and assuring full compensation for any unavoidable
.losses of fishery resources and their habitat; and
WHEREAS, port development landfills are subject to State
regulation pursuant to the California Coastal Act and Federal regula-
tion pursuant to the River and Harbor Act and Clean Water Act; and
WHEREAS, the Board contemplates imminent harbor developments
within the Harbor District, consisting of several small landfills,
totaling approximately 40 acres; and
WHEREAS, the contemplated harbor development landfills are
expected to be necessary and water - dependent port improvements, and
the minimum landfill to fulfill the purpose; and
WHEREAS, the Board has agreed, by approval of Corps of
Engineers Permit No. 79 -133, to provide 1.6 acres of marine habitat
restoration in order to offset the habitat loss incurred by the com-
pleted landfill at Berth 83; and
WHEREAS, the landfill at Berth 83 has eliminated, and
future contemplated Harbor District landfills will eliminate marine
habitat value that FWS, CDFG, and NMFS want to be replaced; and
WHEREAS, delay i.n implementing port developments and their
mitigation measures serves no public interest and the parties would
like to facilitate permit processing for contemplated small landfills
which permanently eliminate marine habitat by providing habitat loss
cornzensation "for the i-oacts on the marine environment in advance of
the habitat losses predicted for the contemplated small landfills; an,
WHEREAS, the parties concur that creation of appropriate
fish and wildlife habitat values could constitute a bank of habitat
credit=_ ( "bank ") which may be charged against the habitat debits or
losses incurred by future landfill developments in the harbor Distric'
and
WHEREAS, the parties concur that the creation of new habitat
values within the Harbor District to offset habitat losses within the
Harbor District'-could render future, necessary harbor developments
more difficult; and
WHEREAS, shallow, estuarine coastal enbayment habitat in
Southern California with its relatively high value to marine fish
and migratory birds has been reduced in area at a faster rate than
that of deep water habitat, NMFS, CDFG, and FWS judge that compensa-
tion for adverse project impacts upon the marine ecosystem should
emphasize the creation of shallow water, coastal embayment habitat
(see Exhibit "A ");
NOW,-THEREFORE, IT IS AGREED THAT:
1. The Board, at its cost, shall restore tidal influence t
a predominately barren, supralittoral area in the "old salt ponds"
region of the CDFG Upper Newport Bay Ecological Reserve ( "UNBER "),
located in the City of Newport Beach, County of Orange, California,
as shown as Area A on Exhibit "B" attached hereto and by this referen
made a part hereof. The restoration work in Area A shown on Exhibit
"B" will create intertidal /subtidal areas of 21.021 acres below the
elevation of mean sea level ( +2.8 feet Mean Lower Low Water). In
3
addition, within one year from the date of execution of this mCU by
the last party to sign, the Board nav elect, at its cost, �c restore
Area 3 consisting of 7.06 acres shown on Exhibit "B" in acc=r_an.ce
with the provisions of this MOU.
2. The Board shall be responsible for all aspect=_ c_' the
restoration work including acquisition of pernits and contractor
selection and supervision. FWS, CDFG and NMFS each agree to cooperate
with and assist the Board, procedurally, with the acquisition of per-
mits or approvals for the restoration work and for an appropriate
dredge spoil disposal site outside the UNBER.
3. All restoration work performed by the BoarH pursuant
to this MOU will be accomplished at sites w.ithin UNBER designated
by the CDFG.
4. The Board agrees that its work will be scheduled and con
ducted so as not to incur significant habitat loss or degradation
elsewhere within the UNBER and so as not to adversely impact any State
or Federal endangered species which utilizes the UNBER, including the
California Least•Tern, the Light- footed Clapper Rail, Relding's
Savannah Sparrow, or Salt Marsh Bird's Beak.
5. All parties agree that each acre of deep water substrate
(located at depths of minus 20.0 feet MLLW or deeper) within the Barbo
District lying either beneath the footprint of a landfill or beneath
a piling - supported wharf and more than 35 lineal feet back from the
wharf face shall be considered to have a habitat value rated at 1.0
habitat units.
6. All parties agree that each acre in the UNBER, after
being regularly influenced by tidal waters of the Pacific Ocean by
N
•
•
the restoration projects described in paragraph 1 and Exhibit "B" and
after certification and approval described in paragraph 10 shall be
considered to have a habitat value of 1.5 habitat units. Additional
habitat value credits totaling 10.59 will accrue upon completion of
similar restoration work within Area B of the UNBER.
7. The Board may charge marine habitat losses resulting
from port development landfills against the banked habitat unit
credits established at the UNBER in a manner consistent with the
relative habitat values stipulated in paragraphs 5 and 6.
S. All parties agree that the UNBER restoration work will
fulfill the existing special condition of Corps of Engineers Permit
No. 79 -133, and will consume 1.6 habitat value credits from the
bank. Thus, the initial balance available for offsetting future
harbor development losses will be 29.93 habitat value credits,
unless the Board elects within the period provided in paragraph 1
to restore Area B, in which case, after restoration thereof, the
number of habitat value credits remaining shall be 40.52.
9. All parties agree that credits remaining in the bank
created by this MOU shall be used to offset losses to the marine
habitats resulting from port development landfill projects within
the Harbor District that are shown to be necessary, the minimum
possible, and water dependent and port related. Such agreement shall
be indicated by all parties in an official and public manner, during
completion of the environmental review process required under the
California Environmental Quality Act or the National Environmental
Policy Act, and /or of the regulatory process required under the Cali-
fornia Coastal Act, the River and Harbor Act or the Clean Water Act.
5
10. Habitat value credits may not be charged and the con-
templated landfills may not be placed until the UNBER restoration
work has been inspected and.certified complete by the Chief Harbor
Engineer of the Harbor Department of the City of Long Beach and the
CDFG, and approved by the CDFG, NMFS and FWS. The Board shall have
no responsibility for maintenance or monitoring of the UNBER restored
area following this inspection, certification, and approval.
11. The contemplated Board landfill projects likely to
consume the habitat value credits include:
a.
THUMS
Consolidation at Pier J
(15 acres);
b.
Pier
A Terminal Expansion (24
acres);
Other Board landfill projects may be added or deleted with the written
consent of all parties.
12. All landfill projects outside the Harbor District
boundaries in effect on January 1, 1984 are excluded from consideratior
under this MOU.
13. The Board, with the written consent of all parties may
allow the consumption of habitat value credits by others proposing a
landfill in the Harbor District with the prior approval of the Board
when the authorized person or entity is an applicant for a Corps of
Engineer's permit.
14. No contemplated landfill, considered under this MOU,
shall exceed in area the then remaining balance of habitat value credit
15. This MOU shall remain valid until the balance of habitat
value credits has been consumed or until rescinded by written consent
all parties. Nothing contained in this MOU shall be deemed or constru=
as an agreement by any of the parties that the habitat values set fort
in paragraphs 5 and 6 shall be applicable to any port landfill project
other than those expressly described or referred to in paragraph 11.
THIS MEMORANDUM OF UNDERSTANDING SHALL BE IN FULL FORCE AND EFFECT
FROM THE DATE WHICH ALL PARTICIPANTS HAVE SIGNIFIED AGREEMENT BY
SIGNATURE OF THE DESIGNATED REPRESENTATIVE.
CITY OF LONG BEACH, acting by and
through i Board of Harbor Commis-
sioners I I 1
Jane$' fit'. wciunx fl n,
Executive Direc ox
THE FISH AND WILDLIFE SERVICE
U.S. DEPARTMENT OF THE INFERIOR
Date �1 /
APPP,R.,OVED, AS TO FOR.
R b W. P- ,f.r:' Ciry Attorney
BY
SENIOR n' ',TY CITY ATTORNEY
M o rca 14, ) q ail_ _
Josep R. lu , Assis ant Regional Da e
Direct a on I
THE DEPARTMENT OF FISH AND GAME OF
THE RESOURCES AGENCY OF CALIFORNIA
. Donald Carper, Director Date
THE NATIONAL MARINE FISHERIES SERVICE,
DEPARTMENT OF COMMERCE
. C. Full$rton, Regional Director
1 hemby ro.ttfy ;hat u!I cr llb -. br me apllan r
fcrth In St -:a A 4 ... :,e:.n 1=9 he e
ECP: J a iw. anplf.o . ;Ih -crt N rmrw Nan
3-5-84 ...a.. by the
C -16 C4J
sr
7
'3-07 -124 - - --
Date .
Deportm.ut of Ckneral Services
APPROVED
MAR 3 0 1984
MIBIT A
•
FISH AND WILDLIFE RESOURCES
OF THE PORT OF LONG BEACH AND UPPER NEWPORT BAY
AND THEIR RELATIONSHIP
The Long Beach Harbor District occupies part of the 6000 -acre
marine coastal embayment known as San Pedro Bay, which is semi -
enclosed by 9 miles of breakwater. Within Long Beach Harbor, a
major commercial port, the water depths are mostly greater than
twenty feet deep, most shoreline is protected with rock or
bulkhead, and land uses are urban /industrial in nature. The main
groups of public fish and wildlife resources of significance
relying on San Pedro Bay, are marine fishes and water - associated
migratory birds. Fish populations are diverse and abundant, with
130 species reported and 70 considered common in occurrence.
Seven species rank high in abundance and are: white croaker,
queenfish, white seaperch, northern anchovy, tonguefish, speckled
sanddab, and shiner perch. A ranking by biomass would usually
include: jacksmelt, white croaker, bat ray, brown smoothhound,
corbina, California halibut, and white seabass. The area also
supports a nursery function for a variety of coastal marine
fishes. The migratory bird community of San Pedro Bay is also
large and diverse, including about 150 species. The most abundant
birds are water - associated and include several gull species,
brown pelican, surf scoter, cormorant species, grebe species,
tern species, scaups, sanderling, and willet. About 840,000
annual bird- use -days have been estimated.
The 741 -acre Upper Newport Bay Ecological Reserve (UNBER),
managed by the California Department of Fish and Game for the
benefit of fish and wildlife resources, occupies about half of
the Newport Bay estuary. Within the UNBER are-cord grass and
pickleweed dominated salt marsh, intertidal.mudflats, and shallow
subtidal estuarine channels. About 78 species of fish have been
reported and seven are numerically dominant: topsmelt, killifish,
mosquitof ish, deep body and slough anchovy, arrow goby, and
shiner perch. A biomass ranking would usually include striped
mullet, topsmelt, yellow -fin croaker, deep body anchovy, diamond
turbot, striped bass, black perch, and shiner perch. The area
also supports a nursery function for a variety of coastal marine
fishes. The migratory bird community of Upper Newport Bay is also
large and diverse, including about 159 species. The most abundant
birds are shorebirds such as sandpipers, willet, dowitchers,
marbled godwit, avocet, egrets and herons, and waterfowl such as
pintail, mallard, ruddy duck, wigeon, green - winged teal, northern
shoveler, as well as gull, cormorant and tern species. About 4
million annual bird - use -days have been estimated. Five State
and /or Federal endangered species make significant use of the
bay, as well, and they are: The light- footed clapper rail,
California least tern, California brown pelican, Belding's
savannah sparrow• and salt marsh bird's be:
Southern California's highly productive, relatively shallow,
marine or estuarine, semi - enclosed, coastal embayments have been
modified and greatly diminished in extent during the last
century. In particular, about 90 percent of the area of river and
creek mouth lagoons and their wetlands in Los Angeles and Orange
Counties have been filled and developed. San Pedro Bay and
Newport Bay are each considered to provide high habitat value for
their respective fish and wildlife resources and to be scarce in
extent in the region. (Both correspond to the Fish and Wildlife
Service Mitigation Policy Resource Category 2, with a Mitigation
Goal of no net loss of in -kind habitat value. In -kind can be
described as: the substitute habitat is equal in value to fish
and wildlife resources which are physically and biologically the
same as or closely approximate to those impacted.) The distance
between Long Beach Harbor and the UMBER is about 25 miles and
they share many common bird and fish species, although the
population sizes and total species lists are somewhat different.
In establishing the relative habitat value of the harbor waters
slated for filling versus the estuarine area to be restored, the
public fish and wildlife agency biologists (FWS,CDFG,NMFS) used
all available information. Such information included: bird
(primarily waterfowl, rather than shorebirds) and fish (primarily -
demersal, but also surface associated) sampling data for both
areas, shared species, .common biological functions,
productivity, fish nursery function, ecosystem physiography and
areal extent. The data, references, and analysis for the
comparison had been summarized and presented in two lengthy
planning aid reports (dated June 1981 and Sept. 1983) prepared by
FWS for the Corps of Engineers, Los Angeles District, as part of
the CE Los Angeles -Long Beach Harbor Long -Range Planning Project.
This MOU actually stems from a need of the Port to address, on a
more immediate and much smaller scale, the same biological
matters of the CE planning project which predicts about 2600
acres of new landfills over the next several decades within Los
Angeles and Long Beach Harbors.
The Newport Bay restoration site, a largely barren floodplain
area above the reach of the tides, presently provides minimal
habitat value. (An existing least tern and avocet nesting area
would be improved, but is not considered as part of the
mitigation tradeoff. Further, a recent history of sediment
loading is being remedied by a task force of State and local
agencies charged with that responsibility.) The fish and wildlife
agencies assisted the Port with the planning of the UNBER
project, including the configuration of the site, manner and
timing of construction, so that adverse impacts to the UMBER
ecosystem and, particularly, the endangered species it supports,
would be avoided.
The fishery and waterfowl habitat improvement at the restoration
site would be virtually 100 percent. Similarly, the loss of
habitat value within the "footprint" of a port landfill would be_
s •
109 percent: The relative habitat value of the habitat to be
"lost" compared to the habitat to be "gained" was formulated -as
described above by professional public agency biologists. This
synthesis had been developed over several years of involvement
with other long -range or Port Master Plan efforts..(The Habitat
Evaluation Procedure promulgated by the Fish and Wildlife Service
was not literally employed due to the absence of species models
for appropriate marine and estuarine species, unavailablity of
non -FWS HEP trained personnel, and the lack of time or funds to
garner either of the former. An analogous evaluation process was
employed.)
It is worth noting that the habitat "tradeoff" formalized in this
MOU actually represents the fourth specific attempt by all
parties, over several years, to define and implement a suitable
habitat loss compensation measure for the completed landfill at
Long Beach Harbor Berth 83 and /or a mitigation bank for future
port developments. (As already mentioned, concurrent port
planning efforts with larger scopes or longer planning horizons
are in progress.)
The first attempt involved an effort by the Port to design
within -port projects which balanced cut and fill such that the
net area of marine habitats remained unchanged. Such a balancing
of Port land /water area has been practicable for only a few,
relatively small projects.. Also, onsite or within -port loss
compensation measures are further complicated. Through
predictions of cargo throughput needs, the Port indicates that
land will likely be the factor limiting the Port's functions and
that new landfills are necessary to increase the land area
available for them.. Establishment of a mitigation area within a
developing Port greatly increases the likelihood that the
compensation area may later be threatened with destruction by
future port landfills and /or could impede or prevent necessary
port development projects.
The second attempt focused on the restoration of tidal influence
to a 16 -acre parcel of diked, historic coastal wetland in the
City of Huntington Beach, Orange County. The necessary change of
ownership, purchase, or easement which would allow the mitigation
work could not be accomplished, though.
Thirdly, an artificial reef construction project in San Pedro Bay
was designed. However, uncertainty regarding the net biological
"improvement" offered by the artificial reef project caused it to
be considered impracticable, at that time.
Then, CDFG, NMFS, and FWS reanalyzed coastal wetland
"restoration" as a port mitigation measure, considering such
factors as nearness of the restorable site to the site of the
loss, technical feasibility of tidal restoration, willingness of
the land owner, and ecosystem and fish and wildlife resource
similarity. It was concluded that the Newport Bay site was most
feasible, at that time.
EXHIBIT B
'%s� .' .'.'.'.'.'.'.�.::'i 1if � `� • `'::'..:::: .': �: is
.... ..::'::':': }'. .
.
AREA' TO 3E XCAVATED
A -`
SIN DIEiG DREEK .w
/ PROPOSED OESIGN h
SCALE: P -100` EBB
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AlAck• .
ORANGE COUNTY �' r
rassTAIN
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WINCra1 UpM S1jGlflO f�
lE1roNT SAT
can MESA LATITUDE
33'- 38• -55• N
1a"wr lucs PROJECT
LOCATION MARINE ENVIRONMENT MITIGATION
rEfl•OIIT aft
IN UPPER NEWPORT BAY FOR
FACIi>:IC OCEAN �; « PORT OF LONG BEACH EXPANSION
COUNTY OF ORANGE
s�= STATE OF CALIFORNIA
d APPLICATION BY PORT OF LONG BEACH
VICINITY MAP N` SHEET 1 OF '2. DATE- JAN., 1984
0 1 2 D 4 S b
SCALE 11 MILES
MARINE ENVIRONMENT MITIGATION
IN UPPER NE'APORT BAY FOR
PORT OF LONG BEACH EXPANSION
COUNTY OF ORANGE
STATE OF CALIFORNIA
APPLICATION BY PORT OF LONG BEACH
SHEET 2 OF 2 DATE: JAN., 1384
E
11
- AA`A1 6
BY THE CITY COUNCIL June 25, 1984
CITY OF NEWPORT BEACH CITY OCUNCIL AGENDA
ITEM NO.-F-3(d)
JUG! 2 51984
TO: CITY COUNCIL APPROVED
FROM: Public Works Department
SUBJECT: UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT FUNDING
AGREEMENT WITH PORT OF LONG BEACH
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute a cooperative
agreement to provide $600,000 of the Port of Long Beach funds for
construction of the Unit I Upper Newport Bay Sediment Control and
Restoration Project.
DISCUSSION:
On May 29, 1984, the City Council authorized the City Manager to
sign a Letter of Understanding with the Port of Long Beach, U.S. Fish and
Wildlife Service, National Marine Fisheries Service and the California
Department of Fish and Game to combine construction of the Port of Long Beach
mitigation project in the Upper Newport Bay with the planned Unit I Upper
Newport Bay Sediment Control and Restoration Project. See attached report
to the City Council from the Public Works Department.
The subject agreement provides for the payment of $600,000 to the
City from the Port of Long Beach. Principal terms of the agreement are as
follows:
1. Parties to Agreement
a. Port of Long Beach
b. City of Newport Beach
2. Port of Long Beach agrees to deposit $600,000 with the City
of Newport Beach for construction of the mitigation project.
3. City of Newport Beach agrees to complete the Port of Long
Beach mitigation project as part of the Unit I Upper Newport
Bay Sediment Control and Restoration Project by December 31,
1985.
Benjamin B. Nolan
Public Works Director
JW:jd
Att.
-4, 0 i
May 29, 1984
CITY COUNCIL AGENDA
ITEM NO. F -18
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: UPPER NEWPORT BAY SEDIMENT CONTROL FACILITIES
PORT OF LONG BEACH MITIGATION FUNDS
RECOMMENDATION:
Authorize the City Manager to sign a letter of understanding with
the Port of Long Beach providing for the use of $600,000 of Port
funds for a portion of Upper Newport Bay Sediment Control Facilities.
DISCUSSION:
On April 9, 1984, the City Council authorized the Mayor and City
Clerk to execute the Upper Newport Bay Sediment Control Facilities Imple-
mentation Agreement. The Agreement has been approved by the County of
Orange for the City of Irvine, The Irvine Company and approval by the State
Department of Fish and Game is anticipated this month.
The Department of Fish and Game's budget request of 1.7 million
dollars for Unit I of the In -Bay Project has been approved by the assembly
and Senate Subcommittees. So it is likely that these funds will be included
in the Final State Budget. The Department of Fish and Game's portion of the
Project Cost also included mitigation funds from the Port of Los Angeles
($362,000) and a Mitigation Project to restore 21 acres of wetlands in the
Upper Bay by the Port of Long Beach. The Port of Long Beach work is estimated
to cost $600,000.
At a meeting on May 22, 1984, the concept of combining the Port of
Long Beach Project with the larger In -Bay Project was examined, and it was
determined that combining the two projects would benefit overall restoration
of the Upper Bay in two ways: 1) by increasing the economy of scale of
excavation work, thereby allowing more sediment to be removed from the Bay,
and 2) by allowing the prospective contractor greater number of options with
which to carry out the project and achieve cost savings.
The City, if it accepts the role as lead agency for implementation
of the In -Bay Facilities, has been requested to sign a letter of understanding
which would provide the following:
1) Signatories to Letter of Understanding
a) Port of Long Beach
b) U. S. Fish and Wildlife Service
c) National Marine Fisheries Service
d) California Department of Fish and Game
e) City of Newport Beach
APPROVED 6% C1iY COCi�CIL
DAT `2`P -.0 `/
• 0
May 29, 1984
Subject: Upper Newport Bay Sediment Control Facilities -
Port of Long Beach Mitigation Funds
Page Two
2) Port of Long Beach - deposit $600,000 with the City of
Newport Beach for construction of Mitigation Project.
3) City of Newport Beach- agrees to complete the entire 21.021
Port of Long.Beach wetland restoration project to the
satisfaction of the Department Fish & Game National Marine
Fisheries Service,& U. S. Federal Wildlife Service by
December 1, 1985.
Benjamin B. Nolan
Public Works Director
JW:do
3