HomeMy WebLinkAboutC-2441(B-1) - Upper Newport Bay Sediment & Restoration Project, Unit I, Funding AgreementTO: FINANCE DIRECTOR
Public Works
FROM: CITY CLERK
CITY OF NEWPORT BEACH
DATE: February 7, 1985
SUBJECT: Contract No. C- 2441(B -1)
OFFICE OF THE CITY CLERK
(714) 640 -2251
Description of Contract Unit I Upper Newport Bay Sediment
Control and Restoration Project, Funding Agreement with the
Port of Long Beach
Effective date of Contract February 5. 1985
Authorized by Minute Action, approved on January 28, 1985
Contract with
Address
Port of
P.O. Box 570
Long 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
C - 2Olrll
AGREEMENT
THISS AGEEMENT is made and entered into, in duplicate,
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as of the 7j1 day of �r.� j� �y '?,.J 1985, by and between
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the CITY OF NEWPORT BEACH, a municipal corporation, ( "CITY "); and
the CITY OF LONG BEACH, a municipal corporation, acting by and
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through its Board of Harbor Commissioners ( "BOARD ").
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This Agreement is made with reference to the following
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facts and objectives:
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A. In connection with application to the U.S. Army,
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Corps of Engineers ( "CORPS ") for permits for certain landfill
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projects within the Harbor District of the City of Long Beach,
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Board entered into a Memorandum of Understanding ( "MOU ") on
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March 26, 1984, with the California Department of Fish and Game,
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the National Marine Fisheries Service and the U.S. Fish and Wild -
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life Service to establish a procedure for advance compensation
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for marine habitat losses which will occur as a result of said
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port development landfills. A copy of said MOU (Harbor Depart-
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ment Document No. HD -3799) is attached hereto as Exhibit "A ", and
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by this reference incorporated herein.
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B. Said MOU obligates Board to perform certain remedial
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work in the Upper Newport Bay Ecological Reserve ( "UMBER "),
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located in City in order to restore and enhance the shallow water
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habitat in that area, and further provides that, upon completion
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of said work, Board shall be credited with certain "habitat
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credits" which may be "traded off" against anticipated habitat
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losses which will occur as the inevitable result of certain
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development projects within the Port of Long Beach.
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C. Board and City have entered into an Agreement dated
July 2, 1984, (Harbor Department Document No. HD -3851) to combine
the work specified in Harbor Department Specification No. HD -S1538
with a larger project, Unit I Upper Newport Bay Sediment Control
and Restoration Project, to be administered by City. Said Harbor
Department work is shown as Area A in Exhibit "A ".
D. Board has requested City to include additional Har-
bor Department work with the larger project, Unit I Upper Newport
Bay Sediment Control and Restoration Project, to be administered
by City and has previously contracted for engineering services to
modify City Plan No. M- 5243 -5 (Unit I Upper Newport Bay Sediment
Control and Restoration Project) to include Project and has
secured all permits, consents and approvals necessary to complete
project. Said Harbor Department work is shown as Area B in
Exhibit "A" and hereinafter shall be referred to as "PROJECT ".
Based upon the above recitals, and for the mutual
consideration set forth herein, the parties hereto agree:
1. Upon execution of this Agreement, Board shall be
responsible for and reimburse City for the actual cost to
construct Project plus seven percent (70) for contract adminis-
tration. The preliminary estimate for the total cost of this
Project is Three Hundred Ten Thousand Two Hundred Fifty
and 00 /100 Dollars ($310,250.00) including contract adminis-
tration.
2. Board shall make payment of Project cost to City
abased on progress payments for Project construction items made
27 to Contractor. Payment for administration shall be seven
28 percent (7 %) of the actual Project construction items. Payment
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shall be made within thirty (30) days after receipt of an itemized
statement from City.
3. City shall obtain bids for construction of Project,
and shall furnish Board with list of bidders showing a final cost
esti ate based o t 1 k; 1; for to award of the con-
5 m n ac ua i prices pr
6 struction contract.
7 4. City shall assign a qualified inspector who shall
be charged with overall contract administration and who shall
assure that construction is accomplished in accordance with the
plans and specifications.
5. City will obtain prior written approval from Board
for any change orders which affect Project. In case of emergency,
however, verbal approval by an authorized representative of Board
shall be provided with written approval to follow.
6. City shall prepare a final Project report upon com-
pletion of Project.
7. Board shall indemnify and hold harmless City and
its officers and employees from any damage or liability arising
from any errors, omissions, or negligence in Board's performance
of this Agreement.
8. City shall indemnify and hold harmless Board and
its officers and employees, from any damage or liability arising
from any errors, omissions or negligence in City's performance
of this Agreement.
9. Board and City agree that the term of this Agreement
shall be eighteen (18) months from the time that Agreement is
first executed by both parties.
This Agreement is executed with all the formalities
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be charged with overall contract administration and who shall
assure that construction is accomplished in accordance with the
plans and specifications.
5. City will obtain prior written approval from Board
for any change orders which affect Project. In case of emergency,
however, verbal approval by an authorized representative of Board
shall be provided with written approval to follow.
6. City shall prepare a final Project report upon com-
pletion of Project.
7. Board shall indemnify and hold harmless City and
its officers and employees from any damage or liability arising
from any errors, omissions, or negligence in Board's performance
of this Agreement.
8. City shall indemnify and hold harmless Board and
its officers and employees, from any damage or liability arising
from any errors, omissions or negligence in City's performance
of this Agreement.
9. Board and City agree that the term of this Agreement
shall be eighteen (18) months from the time that Agreement is
first executed by both parties.
This Agreement is executed with all the formalities
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required by law by the respective parties hereto on the dates
Iset forth below.
Approved as to form:
CITY OF NEWPORT BEACH, a
municipal corporation
BY -v. �LL1�i��-
mayor
CITY
1985
ROBERT H. BURNHAM, City Attorney
City of Newport Beach
By
Approved as to form:
ATTEST:
By
City Clerk
CITY OF LONG BEACH, a municipal
corporation, by order of its
Board l Harbor Commissioners
M
1985
ROBERT W. PARKIN, City Attorney
City of Long Beach-. -
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By
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Deput)�
2811 WEE:pw:cy 1/14/85
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.Executive Director
g Beach Harbor Department
MEMORANDUM OF UNDERSTANDING
BETWEEN
..... =CARD OF hARBOR COMMISSIONERS. OF THE CITY OF LONG BEAC°.,
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
f .
WILDLIFE SERVICE, UNITED STATES DEPARTMENT OF THE INTERIOR ( "FWS "),
AND THE NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND..
tip i
ATMOSPHERIC ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE
( "NML'S'), the STATE OF CALIFORNIA, acting by and through the DEPART —
!TENT 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 faster the orderly andF
necessary development of the Port of Long Beach, including the rq.a-
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,
1:0Y1� A
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3 assuring full condensation for any unavoidable losses of fish anc
w:.ld_ife 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 developmen
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 in implementing port developments and their
mitigation measures serves no public interest and the parties would
like to facilitate permit processing for contemplated small landfill
which permanently eliminate marine habitat by providing habitat los=
_=pens_ticn fcz the innacts on the marine environment in advance cf
habitat losses =redicted for the contemplated small land`_i11s; a
WHEREAS, tae parties concur that creation of appropriate_
f'_sh and wildlife habitat values could constitute_ a Sank of habitat
credits ( "bank ") which nav be charged against the habitat debits cr
losses incurred by future landfill developments in the Harbor Dist=:
and
WHEREAS, the parties concur that the creation of new habi
values within the Harbor District to offset habitat losses within t_
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 enbavment habitat
(see Exhibit "A ");
NOW,-THEREFORE, IT I5 AGREED THAT:
1. The Board, at its cost, shall restore tidal i:ifluence
a predominately barren, supralittoral area in the "old salt ponds"
region of the CDFG Upper Newport Bay Ecological Reserve ( "UMBER "),
located in the City of Newport Beach, County of Orange, California,
as shown as Area A on Exhibit "B" attached hereto and by this refer
wade a part hereof. The restoration work in Area A shown on Exhit'_
"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
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one year from the date of execution•c'f 1C u' `:y
party .c sign, the Board may elect, .at its ccst, restcre
Area 3 consisting_ of 7.06 acres shown, on Exh_ -n__
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with the provisions of this MOU.
2. The Board shall be resnensitle for all ascects cf tie
restoration work including acquisition of permits and contractor
selection and supervision. FWS, CDFG and NMFS each agree to cocpera
with and assist the Board, procedurally, with the acquisiticn cf per
Gaits or approvals for the restoration work and for an appropriate
dredge spoil disposal site outside the UNBER.
3. All restoration work perfcr .med by the Boar^ pursuant
to this MOU mill be accomplished at sites within UNBER designated
by the CDFG.
4. The Board agrees that its work will be scheduled and
ducted so as not to incur significant habitat loss or degradation
elsewhere within the UNBER and so as not to adversely impact any St_
or Federal endangered species which utilizes the UNBER, including t`
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 substr
(located at depths of minus 20.0 feet MLLW or deeper) within the ha
District lying either beneath the footprint of a landfill or beneat
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
-.`.� restoraticn projects described in paragraph 1 and Exhibit "B" and
_ter certification and approval described in paragraph 10 shall be
::C.sidered to have a habitat value of 1.5 habitat units. Additional
habitat value credits totaling 10.59 will accrue upon completion of
si-milar restoration work within Area B of the UNBER.
7. The Board may charge marine habitat losses resulting
from part 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 MC1U 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 part related. Such agreement shat-
be indicated by all parties in an official and public manner, durinc
cc-ro letion 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.
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10. habitat value credits may not be charged and the ccn-
to ^p'_ated landfills may not be placed until the UMBER 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 restorer
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 writt.
consent. of all parties.
12. All landfill projects outside the Harbor District
boundaries in effect on January 1, 1984 are excluded from considerat
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 crec
15. This MOU shall remain valid until the balance of habit-,
value credits has been consumed or until rescinded by written consen:
all parties. Nothing contained in this MOU shall be deemed or const:
as an agreement by any of the parties that the habitat values set fc:
in p�arzgraphs 5 and . shall be applicable to4w y port landfill prove_
ether than those expressly described or referred. to in paragraph 11.
THIS `!EMORANDUM OF UNDERSTANDING SHALL BE IN FULL FORCE AND EFFECT
FROM TEE DATE WHICH ALL PARTICIPANTS HAVE SIGNIFIED AGREEMENT BY
SIGNATURE OF THE DESIGNATED REPRESENTATIVE.
CITY OF LONG BEACH, acting by and
through il Board of Harbor Conr.:is-
sioners / 1
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Josep�i R. tl2u ; Assistant Reg
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
E. C. Full 1r ton, Regional Director
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Departm:Iit of Gtneral Services
APPROVED
MAR 3 01984
By:
Jame *'V.
M--Junk n,
Date u
Executive
Dire c or
APwP.R.OVED� AS TO FCRlv1
' -
R �V. F �;ry Attorney
THE F
SH AND WILDLIFE
SERVICE
Q.S.
DEPARTMENT OF THE
INUERIOR
By
SENIOR fl' 'iT \" CITY ATTORNEY
1
Josep�i R. tl2u ; Assistant Reg
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
E. C. Full 1r ton, Regional Director
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Departm:Iit of Gtneral Services
APPROVED
MAR 3 01984
EXHIBIT 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,
queenf ish, white seaperch, northern anchovy, tonguefish, speckled
sanddab, and shiner- perch. A ranking by biomass would usually
include: jacksmelt, white croaker, bat ray, brown smoothhoundI
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 250 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 (UMBER),
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 UMBER are-cord grass and
pickleweed dominated salt marsh, inter tidal. mudflats, and shallow
subtidal estuarine channels. About 78 species of fish have been
reported and seven are numerically dominant: topsmelt, killifish,
mosquitofish, 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, a salt marsh bird's bea'
Southern. 'California's highly productive, relatively shallow,
Marine or estuarine, semi - enclosed, coastal embayments have been
:codified 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
New 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 UNBER 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 nmtsery 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 M0U 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 UNBE?
project, including the configuration of the site, manner and
timing of construction, so that adverse impacts to the UNBEa
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.
132 =�ercent. The restive habitat value 00the habitat to..be
"lost" com.par4d to the habitat to be "gained" was formulated as
3escribed above by professional public agency biologists. This
= :ntesis had been developed over several years of involvement
wit_': other long -range or Port Master Plan efforts. .(The Habitat
val „aticn Procedure promulgated by the Fish and Wildlife Ser-aice
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 fends 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.
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1 AREAS TC 3E :.(CAVATED
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PROPOSED DESIGN
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PROJECT
LOCATION
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MARINE ENVIRONMENT MITIGATION
IN UPPER NEWPORT BAY FOR
PORT OF LONG BEACH EXPANSION
COUHTY OF ORANGE
STATE OF CALIFORNIA
APPLICATION BY PORT OF LONG BEAC11i
SHEET L OF '2 DATE 1 JAN., 1984
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MARINE ENVIRONMENT MITIGATION
IN UPPER NEWPORT BAY FOR
PORT OF LONG BEACH EXPANSION
COUNTY OF ORANGE
STATE OF CALIFORNIA
APPLICATION BY PORT OF LONG BEACI
SHEET 2 OF OATS: JAN., IS84
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GY TPI:: CITY MUNCIL
CITY OF NEWPORT PEP.CN
January 28, 1985
C CITY COUNCIL AGENDA
JAN 281 8'? ITEM N0. F -3(e & f)
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TO: CITY COUNCIL
FROM: Public Works Department
( 1 ___2 ef)
6' - zZIVi r1-5 -i>
SUBJECT: UNIT I UPPER NEWPORT BAY-WIMENT CONTROL AND RESTORATION PROJECT
(C -2441)
(a) Funding Agreement, Port of Long Beach
(b) Construction Contract
RECOMMENDATIONS:
1. Authorize the Mayor and the City Clerk to execute the subject
funding agreement with the Port of Long Beach.
2. Award Contract No. 2441, Alternate B, to Valley Engineers, Inc. of
Fresno for $3,511,000 and authorize the Mayor and the City Clerk
to execute the contract.
DISCUSSION:
1. Port of Long Beach Funding Agreement
On June 25, 1984, the City Council approved a cooperative
agreement with the Port of Long Beach to provide $600,000 of Port
funds for the Unit I Upper Bay Project. Since that time the Port
has requested that additional mitigation work be included in the
Unit I Project. Contract No. 2441, Alternate B, provides for an
additional 84,000 cubic yards of excavation, the extra work
requested by the Port.
The subject agreement provides for the payment of $310,250 to the
City from the Port of Long Beach. Principal terms of the agree-
ment are as follows:
a. Parties to agreement
(1) Port of Long Beach
(2) City of Newport Beach
b. Port of Long Beach agrees to deposit $310,250, which includes
7% for administration with the City for construction of the
additional mitigation work.
c. City of Newport Beach agrees to complete the additional miti-
gation work for the Port of Long Beach as part of the Unit I
Upper Newport Bay Sediment Control and Restoration Project.
�C
0(
January 28, 1985
Subject: Unit I Upper Newport Bay Sediment Control and Restoration Project
(C -2441)
Page 2
C2. Award of Contract No. 2441
Four bids for this contract were opened at 11:00 a.m. on January 10,
1985.
The low bid was 3.1% less than the
for Alternate A and 2.2% less than
$3,511,000 for Alternate B. Valle
completed the construction of many
ment plants, hydroelectric plants,
dredging in California and Oregon.
Engineer's estimate of $3,244,000
the Engineer's estimate of
Engineering has satisfactorily
pipelines, sewer outfalls, treat -
geothermal work, earthwork, and
The proposed project provides for the following sediment control and
restoration improvements in the Upper Bay between the saltworks dike
and Jamboree Road:
a. Removal of the central island from the Early Action Plan basin.
b. Deepening the Early Action Plan basin.
c. Expanding the Early Action Plan basin.
d. Widening and deepening subtidal channel from outlet of basin to
saltworks dike.
e. Additional Port of Long Beach work - -Basin north of Early Action
Plan basin and additional deepening of Early Action Plan basin.
See attached sketch for location and limits of work.
Two alternates were bid in the project. Alternate A was for the Unit
I Upper Newport Bay project described in items a through d above.
Alternate B included all of the Alternate A work plus additional miti-
gation work requested by the Port of Long Beach and described in item e.
The Port of Long Beach has executed a cooperative agreement to fund
the additional work. Terms of the contract specifications and the
Instructions to Bidders specified that funds for the project were
fixed and that the quantity of material to be excavated from the Upper
Bay would be adjusted to match the available project funds at award of
Bidder
Alt.
Amount
(1)
Valley Engineers, Inc.,
A
$3,144,700
Fresno
B
$3,434,650
(2)
Wm. A. Corn & Savala Const.
A
$3,442,200
Co., Inc., Irvine
B
$3,753,300
(3)
Paul Hubbs Construction, Co.
A
$3,738,300
Rialto
B
$4,166,700
(4)
Clarke Contracting Corp.,
A
$5,119,500
Compton
B
$5,522,500
The low bid was 3.1% less than the
for Alternate A and 2.2% less than
$3,511,000 for Alternate B. Valle
completed the construction of many
ment plants, hydroelectric plants,
dredging in California and Oregon.
Engineer's estimate of $3,244,000
the Engineer's estimate of
Engineering has satisfactorily
pipelines, sewer outfalls, treat -
geothermal work, earthwork, and
The proposed project provides for the following sediment control and
restoration improvements in the Upper Bay between the saltworks dike
and Jamboree Road:
a. Removal of the central island from the Early Action Plan basin.
b. Deepening the Early Action Plan basin.
c. Expanding the Early Action Plan basin.
d. Widening and deepening subtidal channel from outlet of basin to
saltworks dike.
e. Additional Port of Long Beach work - -Basin north of Early Action
Plan basin and additional deepening of Early Action Plan basin.
See attached sketch for location and limits of work.
Two alternates were bid in the project. Alternate A was for the Unit
I Upper Newport Bay project described in items a through d above.
Alternate B included all of the Alternate A work plus additional miti-
gation work requested by the Port of Long Beach and described in item e.
The Port of Long Beach has executed a cooperative agreement to fund
the additional work. Terms of the contract specifications and the
Instructions to Bidders specified that funds for the project were
fixed and that the quantity of material to be excavated from the Upper
Bay would be adjusted to match the available project funds at award of
C
C
4
January 28, 1985
Subject: Unit I Upper Newport Bay Sediment Control and Restoration Project
(C -2441)
Page 3
the contract. The low bid is $76,350 less than the available project
funds for Alternate B. City staff therefore recommends increasing
item c, Alternate B, by 18,852 cubic yards and awarding Alternate B
for $3,511,000.
All permits, rights of entry, funding agreements, and grants for the
project have been approved with the exception of the Corps of
Engineers' permit. That permit has been circulated and is now being
processed by the Corps. No problems are anticipated, and the permit
will be received prior to the start of any work.
Funding for the construction contract is as follows:
Party
1. State of California Department of Fish &.Game
a. Port of Long Beach
b. State of California Coastal Conservancy
2. The Irvine Company
3. City of Irvine
4. Orange County Harbor.Beaches and Parks District
5. County of Orange
6. City of Newport Beach
Subtotal (Unit I Project)
7. Port of Long Beach (additional work)
Total
Amount
$1,453,787.50
600,000.00
362,000.00
566,260.59
10,307.35
108,227.28
7,408.42
113,058.86
$3,221,050.00
289,950.00
$3,511,000.00
The plans and specifications were prepared by Boyle Engineering
Corporation. Project scheduling is for completion of work by January 28,
1986.
lu
Benjamin B. Nolan
Public Works Director
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Att.
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`Amer,ce's most Modern Pori
P.O. BOX 570 • LONG BEACH, CA 90801-0510 • TELEPHONES:(2131437 -0041 (213( 775 -3469 TELEX: 65 -6452 PORTOBEACH _GB
January 24, 1985
Mr. John Wolter
Senior Civil Engineer
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Agreement between City of Newport Beach and Port of Long Beach
Dear Mr. Wolter,
Enclosed are two copies of a agreement with the City of Long Beach, acting
by and through its Board of Harbor Commissioners.
If the agreement is satisfactory, please execute, and return one copies at
your earliest convenience.
Sincerely,
J. H. McJunkin
Executive Director
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Leland R. Director �
of Port Planning
LRH:GK:js
Enclosures
PRESIDENTS "E °AND °E - STAR
AWARDS FOR EXCELLENCE IN EXPORT
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January 31, 1985
2 41V (13 -/)
TO: CITY CLERK
FROM: Public Works Department / — =, ,'•..
SUBJECT: UNIT I UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION
PROJECT (C- 2441), Funding Agreement with the Port of Long
Beach
Attached are two originals of the subject agreement.
Please have them executed on behalf of the City and
return one to this office.
L
,,/John Wolter
Cooperative Projects Engineer
JW:jd
Att.