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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 22 23 // 24 // 25 - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 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. Q - 2 - g 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 25 3 — I 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. 3 4 5 6 // 7 9 10 11 // 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 - /V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 - 5 - 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 22 23 // 24 // 25 - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 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. Q - 2 - g 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 25 3 — I 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. 3 4 5 6 // 7 9 10 11 // 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 - /V 1 2 3 Agreement No. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite their respective signatures: 4 5 Date: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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: 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 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ]. 7 18 19 20 21 22 23 24 25 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 - 1 - 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 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. // // I1. - 2 - 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 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 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 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 - 4 - 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) I 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 0 • Page 3 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 3 11 2 3 4 5 6 7 AND a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 H H // - 1 - 5 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 • . • 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. H H // u. - 2 - I to 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 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. Ilt 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 - 3 - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • • 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. // 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 - 4 - I U.S. ARMY ENGINEER DISTRICT rrrrOUYrrrr�rrrrwrrrr 3 SAN GABRIELRIVER SURFSIDE / ( 14 STAGER NOS ', . ge 11 9 SU8NSE1 BEACH .o �fT CORPS OF ENGINEERS �~ 4A, t may% A F -40HE NN �4 d8 {• \ ■ \■ EXTENSION M$I8N Of 6i i ETTY .STAGE AD. 3 STALE ND. 1 STAGE Y8. d SCALE IN FEET lieu 4 2560 Sam 2569 STAGE N8. NE'WPORT STALE $0. is BEACH LEGEND York CmpLeted as of 30 SEpteDtGer 208 York Proposed With Funds P &S Awaiiahle For FY 2901 NDrf6 York Proposed With funds RpgNeSteU For FY 2802 Work Regaired to Corpfete the Project After FY 2882 SURFSIDE - SUNSET AND NE'WPOR'T BEACH (GRANGE COUNTY), CALIFORNIA (SHORE PROTEmeN1 LOS JN69LES DISTRICT SWO PACIFIC DIVISION L JANUARY 2801 • 0 a DI n (DD 3 et W AIM CD 1"111 EXISTING BERN U.S. NAVAL •• Nlftgff� ARRUNUMNR AND r . 16 NLLW r ARTIFICIAL FI i m NET DEW =�a °'iGR88ND.SURfACE aw 498 fi8P 880 rrnm VICINITY W SECTION OF BEACH FILL AT SURFSIEE ouru s��m n IiEA CaVEEED BY RAP �~ 4A, t may% A F -40HE NN �4 d8 {• \ ■ \■ EXTENSION M$I8N Of 6i i ETTY .STAGE AD. 3 STALE ND. 1 STAGE Y8. d SCALE IN FEET lieu 4 2560 Sam 2569 STAGE N8. NE'WPORT STALE $0. is BEACH LEGEND York CmpLeted as of 30 SEpteDtGer 208 York Proposed With Funds P &S Awaiiahle For FY 2901 NDrf6 York Proposed With funds RpgNeSteU For FY 2802 Work Regaired to Corpfete the Project After FY 2882 SURFSIDE - SUNSET AND NE'WPOR'T BEACH (GRANGE COUNTY), CALIFORNIA (SHORE PROTEmeN1 LOS JN69LES DISTRICT SWO PACIFIC DIVISION L JANUARY 2801 • 0 a DI n (DD 3 et W