HomeMy WebLinkAboutC-3443 - Federal Beach Erosion Control Project Stage 11 & 12Agreement No
1 AGREEMENT
FEDERAL BEACH EROSION CONTROL PROJECT
2 STAGE 12
3 THIS AGREEMENT is made and entered into the day of 2008.
4 BY AND BETWEEN
5 COUNTY OF ORANGE, a political
Subdivision of the State of California,
6 Hereinafter called "COUNTY."
7 AND
8 CITY OF NEWPORT BEACH, a municipal
Corporation, hereinafter called "CITY."
9
10 WHEREAS, Congress has, by the enactment of Public Law 874, 87th Congress, adopted and
11 authorized a beach erosion control project to be accomplished in stages, which extends from Anaheim
12 Bay Harbor to the west jetty of Newport Beach Harbor in Orange County, and
13 WHEREAS, the implementation of said Federal beach erosion project is of direct benefit to the
14 beaches owned and operated by CITY and COUNTY in providing a source of beach sand for
15 replenishment of natural erosion of said beaches, and
16 WHEREAS, the United States Army Corps of Engineers is prepared to undertake Stage 12 of said
17 project at an estimated cost of $15,700,000 to be financed on the following basis:
18 Federal Government $10,519,000
19 State of California $4,759,267
20 Local Agency shoreline $421,733
owners consisting of cities,
21 COUNTYand Private Property
Owners
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Agreement No.
WHEREAS, COUNTY is prepared to pay, on behalf of those private and public beach owners
identified hereinbelow, $236,600 for Stage 12 construction, and
WHEREAS, the shoreline owners' proportionate share of $236,600 cost for State 12 is based
upon a formula depicting the percentage of the 80,000 linear feet of beach frontage property owned by
each public entity which is within the Federal project area and includes a credit from previous Stages.
The total cost breakdown is as follows:
Private beach owners: Surfside Colony Storm Water
Protection District
$ 19,000
Public beach owners: Orange County Parks
$ 5,600
City of Huntington Beach
$ 39,200
City of Newport Beach
$172,800
TOTAL $?3
NOW THEREFORE, the parties hereto do mutually agree as follows:
I.
CITY agrees that any funds remaining from Stage 12 project shall be applied to the design cost of
Stage 13 of the project which shall cover the entire 80,000 lineal frontage of shoreline of the Federal
project area, and that the final accounting of Stage 12 funding shall be incorporated into the accounting
for Stage 13 described in Clause V herein.
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Agreement No.
1 CITY agrees to pay COUNTY on or before July 15, 2008, or immediately after approval of this
2 agreement by all parties hereto, CITY's portion of the cost of Stage 12 of the aforesaid beach erosion
3 control project, said portion being the amount of $172,800.
4 III.
5 COUNTY agrees to coordinate said project with CITY and other local shoreline owners, and the
6 State of California, to the mutual benefit of all parties concerned.
7 N.
8 COUNTY shall, on or before July 15, 2008, or immediately after approval of this agreement and
9 similar agreements by all of the aforementioned local shoreline owners and receipt of billing from the
10 State of California, pay the local shoreline owners' portion of the Stage 12 Federal beach erosion control
11 project in the amount of $236,600 to the State of California to facilitate implementation of said Stage 12
12 project.
13 V,
14 COUNTY will obtain from the State of California Department of Boating and Waterways, the
15 agency coordinating the Stage 12 project with the United States Army Corps of Engineers, an accounting
16 of all expenditures of all funds received for Stage 12 of the aforementioned project and shall pursue
17 refund of any funds which are in excess of ultimate project cost of a proportionate basis to COUNTY and
18 shall, in turn, refund to CITY its prorated share of any refunds received within 30 days after receipt
19 thereof by COUNTY in a ratio equal to that stated in the recitals of page 2 of this agreement.
20 VI.
21 To the extent permitted by law, CITY shall indemnify and save harmless COUNTY, its officers,
22 agents, and employees from and against all claims, demands, loss or liability of any land or nature which
23 CITY, its officers, agents, and employees may sustain or incur or which may be imposed upon them or
24 any of them for injury to or death of persons, or damage to property as a result of the negligence or
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Agreement No.
1 wrongful act or omission by COUNTY, its officers, agents, employees, or invitees in carrying out the
2 terms of this agreement or exercising the rights herein granted.
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Agreement No. D08-054
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite
their respective signatures:
Date: (o - 3 d 8
Date:
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD.
/" Darlene J. Bloom
Clerk of the Board of Supervis
of Orange County, California
APPROVED AS TO FORM:
BENJAMIN P. DE MAYO, County Counsel
ORANGE COUNTY, CALIFORNIA
Cqy'-yu"jM
By: P
Deputy
REVIEWED AND APPROVED
City Administrator
COUNTY OF ORANGE, a political subdivision
of the S f C orma
By:
Chair of the Board of Supervisors
CITY OF WPORT ETCH, a municipal
Corpor
By:
Mayor
ATTEST:64t.
City Clerk
1
APPRO ED AS TO FO
.(City Attorney
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
July 22, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Harbor Resources Division / City Manager's Office
Chris Miller, Harbor Resources Manager, (949) 644 -3043
cm iller(a)city. newport- beach. ca. us
Dave Kiff, Assistant City Manager, (949) 644 -3002
d kiffacity. newport-beach .ca. us
SUBJECT: Approval of an Agreement with the County of Orange for
Participation in Stage 12 of the Federal Beach Erosion Control
Project
ISSUE:
Should the City of Newport Beach enter into an agreement with the County of Orange
as part of a multi- agency effort to implement Stage 12 of the Federal Beach Erosion
Control Project?
RECOMMENDATION:
Authorize the Mayor to execute an agreement with the County of Orange for a sand
replenishment project in the Huntington Beach Littoral Cell which covers the stretch of
shoreline between the San Gabriel River and the Newport Bay Harbor Entrance.
DISCUSSION:
The coastal cities of Newport Beach and Huntington Beach, the County of Orange, the
Surfside Colony Storm Water Protection District, the California Department of Boating
and Waterways (DBAW) and the Army Corps of Engineers propose to cost -share the
placement of sand at a feeder beach at Surfside /Sunset Beaches. Sand erodes from
the feeder beach and replenishes beaches downcoast within the littoral cell. The
amount of replenishment diminishes as the sand moves downcoast, thus a supplement
is proposed by removing sand from the West Newport Beach near the Santa Ana River
and placing it in the downcoast and central portions of the groin field at West Newport.
Staff has conducted two public meetings in February and May to discuss the project
with the community and to get input regarding specific project features. The meetings
Federal Beach Erosion Control Project
Agreement With the County of Orange
July 22, 2008
Page 2
resulted in consensus for the movement of West Newport sand from the beach area
adjacent to the Santa Ana River to the groin field in the vicinity of the downcoast end
(streets in the 20's) to the mid section (streets in the 30's).
A littoral cell is a section of the shoreline which has manmade or natural features which
keep the majority of the sand within the boundaries of the cell. The Huntington Beach
Littoral Cell is bounded by the East San Gabriel River Jetty at the upcoast end and the
West Newport Harbor Entrance Jetty at the downcoast end. See Exhibit 1.
This project reoccurs approximately every six years as a multi- agency beach
replenishment project for the Huntington Beach Littoral Cell. Costs are shared between
the federal government (67 %) and state /local partners (33 %). This gives the City a
good return for money invested in regional sand management because most of the non-
federal contribution is paid by DBAW. The City of Newport Beach typically pays less
than two percent of the total Project cost. This percentage is based on the City's
proportionate local share of the 80,000 linear feet of beach frontage within the littoral
cell.
J
Federal Beach Erosion Control Protect
Agreement With the County of Orange
July 22, 2008
Page 3
The local shares of the project cost are distributed as follows:
DBAW
30.31%
City of Huntington Beach
0.42%
City of Newport Beach
1.69%
Surfside Colony
0.21%
Orange County HB &P
0.37%
The Army Corps of Engineers has estimated the total cost to be approximately
$15,700,000 for Stage 12 of this project. The most recent stages of this project have
provided for beach replenishment within the littoral cell; however, early stages of the
project provided for beach stabilization in West Newport by construction of a series of
groins approximately every four blocks between 28th Street and 56th Street.
Recently the Corps of Engineers performed an accounting of Stages 7 through 11 and
determined that the local sponsor's estimated payments (based on the Engineer's
Estimate) exceeded the required payment (based on the funds expended). As a result
of this accounting, the City of Newport Beach was given a $92,998.22 credit toward
their participation in this phase of the project.
Based on the Engineer's Estimate of $15,700,000 for Stage 12, the City's estimated
cost share is $265,785.30 minus the credit noted above equals $172,787.08. In the
attached Cooperative Agreement this amount has been rounded to $172,800.
$100,000 has been budgeted in the FY 2007/2008 budget and carried over and
combined with $72,800 budgeted in the FY 2008/2009 budget to fulfill the financial
obligation of the Cooperative Agreement.
Because this project is a multi- agency project, several cooperative agreements have
been developed to reduce issues with preparing an agreement that fits each agency's
needs. The Corps of Engineers will enter into an agreement with DBAW, who will in
turn enter into an agreement with the County of Orange. Finally the County has
proposed similar agreements to the attached agreement for the Cities of Newport
Beach, Huntington Beach and Surfside Colony. In addition, the City of Seal Beach has
proposed to enter into a side agreement with the Corps of Engineers for beach
replenishment in an area outside of the Huntington Beach Littoral Cell so that they can
take advantage of the large economy of scale that is provided by this project.
Fundina Availability: $100,000 budgeted in FY 2007/2008 and $72,800 budgeted in
FY 2008/2009 (CIP 7231- C5100282).
Environmental Review: The Army Corps of Engineers, acting as the lead federal
agency, has prepared a draft Environmental Assessment in accordance with NEPA
(National Environmental Policy Act). The document is currently in the public review
process with the anticipation of having a Final Environmental Assessment and a Finding
of No Significant Impacts (FONSI) by mid -July 2008.
3
Federal Beach Erosion Control Project
Agreement Mth the County of Orange
Juty 22, 2008
Page 4
Public Notice: This agenda item may be noticed according to the Brown Act (72 hours
in advance of the public meeting at which the City Council considers the item).
Prepared by:
Submitted by:
��ii.,a
Chris Miller, Harbor Resources Manager Da Ye Kiff, Assistant City Manager
Attachments: Exhibit 1: Vicinity Map of Entire Project Area
Exhibit 2: Agreement with the County of Orange
4
Federal Beach Erosion Control Project
Agreement With the County of Orange
July 22, 2008
Page 5
Exhibit 1
Vicinity Map of Entire Project Area
THIS PAGE
LEFT BLANK
INTENTIONALLY
Agreement No
1 AGREEMENT
FEDERAL BEACH EROSION CONTROL PROJECT
2 STAGE 12
3 THIS AGREEMENT is made and entered into the day of 2008.
4 BY AND BETWEEN
5 COUNTY OF ORANGE, a political
Subdivision of the State of California,
6 Hereinafter called "COUNTY."
7 AND
8 CITY OF NEWPORT BEACH, a municipal
Corporation, hereinafter called "CITY."
9
10 WHEREAS, Congress has, by the enactment of Public Law 874, 87th Congress, adopted and
11 authorized a beach erosion control project to be accomplished in stages, which extends from Anaheim
12 Bay Harbor to the west jetty of Newport Beach Harbor in Orange County, and
13 WHEREAS, the implementation of said Federal beach erosion project is of direct benefit to the
14 beaches owned and operated by CITY and COUNTY in providing a source of beach sand for
15 replenishment of natural erosion of said beaches, and
16 WHEREAS, the United States Army Corps of Engineers is prepared to undertake Stage 12 of said
17 project at an estimated cost of $15,700,000 to be financed on the following basis:
18 Federal Government $10,519,000
19 State of California $4,759,267
20 Local Agency shoreline $421,733
owners consisting of cities,
21 COUNTYand Private Property
Owners
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Agreement No.
WHEREAS, COUNTY is prepared to pay, on behalf of those private and public beach owners
identified hereinbelow, $236,600 for Stage 12 construction, and
WHEREAS, the shoreline owners' proportionate share of $236,600 cost for State 12 is based
upon a formula depicting the percentage of the 80,000 linear feet of beach frontage property owned by
each public entity which is within the Federal project area and includes a credit from previous Stages.
The total cost breakdown is as follows:
Private beach owners: Surfside Colony Storm Water
Protection District
$ 19,000
Public beach owners: Orange County Parks
$ 5,600
City of Huntington Beach
$ 39,200
City of Newport Beach
$172,800
TOTAL $?3
NOW THEREFORE, the parties hereto do mutually agree as follows:
I.
CITY agrees that any funds remaining from Stage 12 project shall be applied to the design cost of
Stage 13 of the project which shall cover the entire 80,000 lineal frontage of shoreline of the Federal
project area, and that the final accounting of Stage 12 funding shall be incorporated into the accounting
for Stage 13 described in Clause V herein.
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Agreement No.
1 CITY agrees to pay COUNTY on or before July 15, 2008, or immediately after approval of this
2 agreement by all parties hereto, CITY's portion of the cost of Stage 12 of the aforesaid beach erosion
3 control project, said portion being the amount of $172,800.
4 III.
5 COUNTY agrees to coordinate said project with CITY and other local shoreline owners, and the
6 State of California, to the mutual benefit of all parties concerned.
7 N.
8 COUNTY shall, on or before July 15, 2008, or immediately after approval of this agreement and
9 similar agreements by all of the aforementioned local shoreline owners and receipt of billing from the
10 State of California, pay the local shoreline owners' portion of the Stage 12 Federal beach erosion control
11 project in the amount of $236,600 to the State of California to facilitate implementation of said Stage 12
12 project.
13 V,
14 COUNTY will obtain from the State of California Department of Boating and Waterways, the
15 agency coordinating the Stage 12 project with the United States Army Corps of Engineers, an accounting
16 of all expenditures of all funds received for Stage 12 of the aforementioned project and shall pursue
17 refund of any funds which are in excess of ultimate project cost of a proportionate basis to COUNTY and
18 shall, in turn, refund to CITY its prorated share of any refunds received within 30 days after receipt
19 thereof by COUNTY in a ratio equal to that stated in the recitals of page 2 of this agreement.
20 VI.
21 To the extent permitted by law, CITY shall indemnify and save harmless COUNTY, its officers,
22 agents, and employees from and against all claims, demands, loss or liability of any land or nature which
23 CITY, its officers, agents, and employees may sustain or incur or which may be imposed upon them or
24 any of them for injury to or death of persons, or damage to property as a result of the negligence or
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Agreement No.
1 wrongful act or omission by COUNTY, its officers, agents, employees, or invitees in carrying out the
2 terms of this agreement or exercising the rights herein granted.
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Agreement No.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite
their respective signatures:
4
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SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD.
Darlene J. Bloom
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
BENJAMIN P. DE MAYO, County Counsel
ORANGE COUNTY, CALIFORNIA
By:
Deputy
REVIEWED AND APPROVED:
City Administrator
COUNTY OF ORANGE, a political subdivision
of the State of California
By:
Chair of the Board of Supervisors
CITY OF NEWPORT BEACH, a municipal
Corporation
M
ATTEST:
Mayor
City Clerk
APP VED AS TO FORM:
°,-- C W '
City Attorney
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W.1101
Agreement No. DO1-057
AGREEMENT
FEDERAL BEACH EROSION CONTROL PROJECT
STAGE 11
THIS AGREEMENT is made and entered into the day of , 2001.
BY AND BETWEEN
COUNTY OF ORANGE, a political
Subdivision of the State of California,
Hereinafter called "COUNTY."
CITY OF NEWPORT BEACH, a municipal
Corporation, hereinafter called "CITY."
WHEREAS, Congress has, by the enactment of Public Law 874, 87"' Congress, adopted and
authorized a beach erosion control project to be accomplished in stages, which extends from Anaheim
Bay Harbor to the west jetty of Newport Beach Harbor in Orange County, and
WHEREAS, the implementation of said Federal beach erosion project is of direct benefit to the
beaches owned and operated by CITY and COUNTY in providing a source of beach sand for
replenishment of natural erosion of said beaches, and
WHEREAS, the United States Army Corps of Engineers is prepared to undertake Stage 11 of said
project at an estimated cost of $12,700,000 to be financed on the following basis:
Federal Government $8,509,000
State of California $3,850,000
Local Agency shoreline $341,000
owners consisting of cities,
COUNTY, Private Property
Owners and State Division of
Beaches and Parks
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Agreement No. DO1-057
WHEREAS, COUNTY is prepared to pay, on behalf of those private and public beach owners
identified hereinbelow, $341,000 for Stage 11 construction, and
WHEREAS, the shoreline owners' proportionate share of $341,000 cost for State 11 is based
upon a formula depicting the percentage of the 80,000 linear feet of beach frontage property owned by
each public entity which is within the Federal project area. The total cost breakdown is as follows:
Private beach owners: Surfside Colony Storm Water
Protection District
(0.21%) $ 26,257
Public beach owners: Orange County Harbors, Beaches
and Parks
(0.37%) $ 46,359
City of Huntington Beach
(0.42%) $ 53,413
City of Newport Beach
(1.69%) $214,971
TOTAL $341,000
NOW THEREFORE, the parties hereto do mutually agree as follows:
I.
CITY agrees that any funds remaining from Stage 10 project shall be applied to the design cost of
Stage 11 of the project which shall cover the entire 80,000 lineal frontage of shoreline of the Federal
project area, and that the final accounting of Stage 10 funding shall be incorporated into the accounting
for Stage 11 described in Clause V herein.
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Agreement No. DO1-057
CITY agrees to pay COUNTY on or before September 1, 2001, or immediately after approval of
this agreement by all parties hereto, CITY's portion of the cost of Stage 11 of the aforesaid beach erosion
control project, said portion being the amount of $214,971.
III.
COUNTY agrees to coordinate said project with CITY and other local shoreline owners, and the
State of California, to the mutual benefit of all parties concerned.
IV.
COUNTY shall, on or before September 1, 2001, or immediately after approval of this agreement
and similar agreements by all of the aforementioned local shoreline owners and receipt of billing from the
State of California, pay the local shoreline owners' portion of the Stage 11 Federal beach erosion control
project in the amount of $341,000 to the State of California to facilitate implementation of said Stage 11
project.
V.
COUNTY will obtain from the State of California Department of Boating and Waterways, the
agency coordinating the Stage 11 project with the United States Army Corps of Engineers, an accounting
of all expenditures of all funds received for Stage 11 of the aforementioned project and shall pursue
refund of any funds which are in excess of ultimate project cost of a proportionate basis to COUNTY and
shall, in turn, refund to CITY its prorated share of any refunds received within 30 days after receipt
thereof by COUNTY in a ratio equal to that stated in the recitals of page 2 of this agreement.
VI.
To the extent permitted by law, CITY shall indemnify and save harmless COUNTY, its officers,
agents, and employees from and against all claims, demands, loss or liability of any kind or nature which
CITY, its officers, agents, and employees may sustain or incur or which may be imposed upon them or
any of them for injury to or death of persons, or damage to property as a result of the negligence or
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Agreement No. DO1-057
wrongful act or omission by COUNTY, its officers, agents, employees, or invitees in carrying out the
terms of this agreement or exercising the rights herein granted.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite
their respective signatures:
I Date:
.//-0i
Date: + O / -.61
COUNTY OF ORANGE, a political subdivision
of the State of California
By:
Chair of the Board of Supervisors
CITY OF NEWPORT BEACH, a municipal
Corporation
By: ft.-.. %w% "Po.
GAROLD B. ADAMS, Mayor
SIGNED AND CERTIFIED THAT A % may,
COPY OF THIS DOCUMENT HAS ATTEST: �I�/t9 rl.n�_ ool -
BEEN DELIVERED TO THE LAVONNE HARKLESS, City Clerk
CHAIRMAN OF THE BOARD.
o
o �
- '9L
Darlene J. Blo iJFA4�
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
VIE ED AND APPROVED:
omer L, Bludau, 9!ty Manager
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AS TO FORM:
Burnham, City Attorney
0
0
ITEM 6
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant City Manager
SUBJECT: Surfside - Sunset and Newport Beach Federal Beach Erosion Control
Project - Agreement to Participate in and Fund Stage 11
RECOMMENDED
Authorize the Mayor to execute an Agreement with the County of Orange
ACTION:
relating to the City's participation in and funding for Stage 11 of the Surfside-
Sunset and Newport Beach Federal Beach Erosion Control Project.
BACKGROUND:
The Orange County coastline is home to some of the most popular beaches in the
United States, including the ocean beaches of Newport Beach. The more than
T:' J CfL
2,000,000 visitors a year who come to Newport's wide sandy beaches expect the
? J.CH
sand to be clean, groomed, and present when they arrive.
} AUG 2 8
Sand typically appears on beaches as a result of a natural erosion process that
E `
includes the scouring of inland riverbanks (where storm water carries sediment
- - - pn .. "'
n R0
from the sides of creek channels out to sea) and the gradual erosion of coastal
liP-f Y
bluffs. Modem development can impede the transport of sand replenishment
1E
materials to the beach - such development includes the "armoring" of coastal
bluffs with seawalls and the construction of flood control channels upstream.
In the early 1960s, the US Army Corps of Engineers (Corps) constructed
navigation and flood control channels in Long Beach and Anaheim Bay that
limited the production and disbursement of sand along the Orange County
coastline. Without the constant replenishment of sand to local beaches, waves
and tidal action can quickly cause a sandy beach to become a rocky, sandless
beach unwelcoming to visitors.
To repair some of the damage done to natural sand transport by the federal
projects in Long Beach and Anaheim Bay, in 1962 the Corps began a long -term
beach nourishment project known to us as Surfside- Sunset and Newport Beach
( "Project") that included periodic beach nourishment every 5 years off of the
Orange County coast. The Corps places most of the sand deposits in a "feeder"
area off of Seal Beach - littoral drift then carries the sand down the coast. The
littoral "cell" within which the currents distribute sand begins in Seal Beach and
ends at the northerly jetty at the Wedge.
Ten of these nourishment actions occurred between 1964 and 1997 - each one is
referred to by the Corps as a stage. By the time Stage 10 (July 1997) was
complete, about 15.6 million cubic yards (CY) of sand had been placed off of Seal
Beach since 1964, with eight rock groins constructed in West Newport and an
additional 2.1 million CYs of sand placed directly on the beach in West Newport.
0-305
(3g)
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Newport Beach City Council
• • Page 2
Stage 11. In:2000 and 20.01, the Corps, along with its state partner, the
Department of Boating and Waterways, has prepared and Environmental
Assessment (EA) and plans and specifications for Stage 11 of the Project. Stage
21 envisions the placement of 1.75 million cubic yards of sand off the coast at
Surfside- Sunset Beach. Stage 11 does not contemplate any specific sand
replenishment or groin construction activity directly off of Newport Beach (see
map in Attachment B).
Partners and Costs. Most Corps projects involve a cost - sharing agreement
between the Corps and its state and local partners. Traditionally, cost - sharing
agreements require the state and local partners to fund 33% of the cost of the
project, with the federal government covering the remaining 67 %. As an
important note, the Bush Administration has proposed reversing this split,
resulting in a 67% state /local requirement with a 33% federal match. This
reversed split, if enacted, does not apply to this specific Stage of the Project, but it
may apply to future stages and other cost - shared efforts involving the Corps.
The total estimated cost (all partners) for Stage 11 is $12.7 million. The non-
federal share (33 %) is $4.191 million. Of the non - federal share, the state and local
partners have traditionally apportioned costs to each partner based on the
percentage of beach footage each partner administers along the 80,000 linear feet
of beach in the Project area.
In 1999, the State Legislature enacted the California Public Beach Restoration Act
(AB 64, Ducheny,1999). The State Budget in FY 2000 -M authorized $35 million
in funding for the Act and its various beach nourishment projects across
California. The California Department of Boating and Waterways (DBW)
administers the Act's funding. $3.85 million of Stage 11's non - federal funding
will come from the DBW and AB 64 - all of that amount will be allocated to
California State Parks' share of the bill.
Here s how the costs are allocated:
Federal Share
Non - Federal Share
Total Cost of Project
State Parks
Surfslde District
Huntington Beach
Newport Beach
County of Orange
Total for Project
67% $ 8,509,000
33% $ 4,191,000
100% $ 12,700,000
lineal Feet of % of Total Dollar contribution Local Conbibution
Beach Beachfront by %of Beach
44,884
56.11%
$ 3,850,000
-NIA -
2,705
3.38%
$ 341,000
$ 26,267
5,500
6.88%
$ 53,409
$ 214,965
22,137
27.67%
4,774
5.97%
$ 46,359
80,000 100% $ 4,191,000 3 341,000
Z
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The FY 2001 -02 Capital Improvement program (CIP) for the City allocates half of
the cost ($107,000) during the current fiscal year and proposes the allocation of
another $108,000 at the start of FY 2002 -03 to fund this Project As noted, the
City's total contribution to Stage 11 will be $215,000.
THIS AGENDA This Agenda Item asks the City Council to approve the City's participation
rrEM: in Stage 11 of an ongoing beach nourishment project that dates back to 1964. If
the Council agrees to the recommended action, the Mayor will sign an
Agreement with the County of Orange and pay the County $215,000 over two
budget years. The County will pay the Corps, and the Corps will complete Stage
11 of the beach nourishment project Stage 11 costs $12.7 million overall and
places 1.8 million cubic yards of sand off of Surfside- Sunset beach, where
currents are supposed to carry it to West Newport beaches.
ATTACHMENTS: Attachment A - Proposed Agreement with the County of Orange
Attachment B - Map of Surfside- Sunset and Newport Beach Project Area
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Attachment A
• • Agreement No.DOI -057
AGREEMENT
FEDERAL BEACH EROSION CONTROL PROJECT
STAGE 11
THIS AGREEMENT is made and entered into the day of , 2001.
BY AND BETWEEN
COUNTY OF ORANGE, a political
Subdivision of the State of California,
Hereinafter called "COUNTY."
CITY OF NEWPORT BEACH, a municipal
Corporation, hereinafter called "CITY."
WHEREAS, Congress has, by the enactment of Public Law 874, 87's Congress, adopted and
authorized a beach erosion control project to be accomplished in stages, which extends from Anaheim
Bay Harbor to the west jetty of Newport Beach Harbor in Orange County, and
WHEREAS, the implementation of said Federal beach erosion project is of direct benefit to the
beaches owned and operated by CITY and COUNTY in providing a source of beach sand for
replenishment of natural erosion of said beaches, and
WHEREAS, the United States Army Corps of Engineers is prepared to undertake Stage 11 of said
project at an estimated cost of $12,700,000 to be financed on the following basis:
Federal Government $8,509,000
State of California $3,850,000
Local Agency shoreline $341,000
owners consisting of cities,
COUNTY, Private Property
Owners and State Division of
Beaches and Parks
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• . • Agreement No. D01 -057
WHEREAS, COUNTY is prepared to pay, on behalf of those private and public beach owners
identified hereinbelow, $341,000 for Stage 11 construction, and
WHEREAS, the shoreline owners' proportionate share of $341,000 cost for State 11 is based
upon a formula depicting the percentage of the 80,000 linear feet of beach frontage property owned by
each public entity which is within'the Federal project area. The total cost breakdown is as follows:
Private beach owners: Surfside Colony Storm Water
Protection District
(0.21 0/,) $ 26,257
Public beach owners: Orange County Harbors, Beaches
and Parks
(0.37 0%) $ 46,359
City of Huntington Beach
(0.42%) $ 53,413
City of Newport Beach
(1.690/6) $214,971
TOTAL 341 000
NOW THEREFORE, the parties hereto do mutually agree as follows:
I.
CITY agrees that any funds remaining from Stage 10 project shall be applied to the design cost of
Stage 11 of the project which shall cover the entire 80,000 lineal frontage of shoreline of the Federal
project area, and that the final accounting of Stage 10 funding shall be incorporated into the accounting
for Stage I described in Clause V herein.
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0 Agreement No. D01 -057
CITY agrees to pay COUNTY on or before September 1, 2001, or immediately after approval of
this agreement by all parties hereto, CITY's portion of the cost of Stage 11 of the aforesaid beach erosion
control project, said portion being the amount of $214,971.
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COUNTY agrees to coordinate said project with CITY and other local shoreline owners, and the
State of California, to the mutual benefit of all parties concerned.
IV.
COUNTY shall, on or before September 1, 2001, or immediately after approval of this agreement
and similar agreements by all of the aforementioned local shoreline owners and receipt of billing from the
State of California, pay the local shoreline owners' portion of the Stage 11 Federal beach erosion control
project in the amount of $341,000 to the State of California to facilitate implementation of said Stage 11
project.
IV
COUNTY will obtain from the State of California Department of Boating and Waterways, the
agency coordinating the Stage 11 project with the United States Army Corps of Engineers, an accounting
of all expenditures of all funds received for Stage 11 of the aforementioned project and shall pursue
refund of any funds which are in excess of ultimate project cost of a proportionate basis to COUNTY and
shall, in turn, refund to CITY its prorated share of any refunds received within 30 days after receipt
thereof by COUNTY in a ratio equal to that stated in the recitals of page 2 of this agreement.
VI.
To the extent permitted by law, CITY shall indemnify and save harmless COUNTY, its officers,
agents, and employees from and against all claims, demands, loss or liability of any kind or nature which
CITY, its officers, agents, and employees may sustain or incur or which may be imposed upon them or
any of them for injury to or death of persons, or damage to property as a result of the negligence or
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• • AgreementNo.D01 -057
wrongful act or omission by COUNTY, its officers, agents, employees, or invitees in carrying out the
terms of this agreement or exercising the rights herein granted.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite
their respective. signatures:
COUNTY OF ORANGE, a political subdivision
of the State of California
I Date:
I Date:
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD.
Darlene J. Bloom
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
LAURENCE M. WATSON, County Counsel
ORANGE COUNTY, CALIFORNIA
By:
Deputy
REVIEWED AND APPROVED:
Homer L, Bludau, City Manager
Chair of the Board of Supervisors
CITY OF NEWPORT BEACH, a municipal
Corporation
By:
GAROLD B. ADAMS, Mayor
ATTEST:
LAVONNE HARKLESS, City Clerk
Robert Burnham, City Attorney
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Work Regaired to Corpfete the
Project After FY 2882
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