HomeMy WebLinkAboutC-3592 - Memorandum of Understanding; Upper Newport Bay Nature Preserve Access and Restoration ProjectCity of Newport Beach
City Council Minutes
September 27, 2005
CONTRACTS AND AGREEMENTS
5. MEMORANDUM OF UNDERSTANDING (MOU) AND BUDGET
AMENDMENT - UPPER NEWPORT BAY NATURE PRESERVE
ACCESS AND RESTORATION PROJECT (C -3592) [No Report]
(contd. from 9/13/05). Removed from the calendar.
6. STREET LIGHT BANNERS FOR THE CENTENNIAL (C -3812)
[381100- 20051. 1) Approve the installation of temporary banners for the
Centennial to be placed on 190 street light poles throughout the City; 2)
waive the provision of Council Policy L -16 that requires the banners to be
removed after 30 days and allow the banners to be at these locations
throughout the Centennial year; and 3) approve an agreement with Exterior
Products, Inc. in the amount of $43,364.46 for the fabrication and
installation of the banners.
AWARD OF LANDSCAPE MAINTENANCE CONTRACT FOR
CITYWIDE MEDIANS AND ROADSIDES (C -3813) [381100- 20051. 1)
Approve a five year maintenance contract with TruGreen Landscape to
provide landscape maintenance services for Citywide medians and roadsides
at an annual cost of $414,000; and 2) approve a budget amendment (06BA-
018) in the amount of $78,825 to fund the contract for the remaining nine
months of the fiscal year.
8. NEWPORT CENTER PARK - APPROVAL OF AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT WITH HALL &
FOREMAN, INC. (C -3633) [381100- 20051. 1) Approve Amendment No. 1
to Professional Services Agreement with Hall & Foreman, Inc. of Irvine for
design services at a contract price of $158,500 and authorize the Mayor and
the City Clerk to execute the Amendment; and 2) approve a budget
amendment (06BA -016) appropriating $23,500 from General Fund 7014 -
05100805 (Morning Canyon Stabilization Project) into Account No. 7021 -
C4120656.
9. SEMENIUK SLOUGH MAINTENANCE DREDGING FEASIBILITY
STUDY - AMENDMENT NO 2 TO PROFESSIONAL SERVICES
AGREEMENT WITH NOBLE CONSULTANTS, INC. (C -3636) [381100-
20051. 1) Approve Amendment No. 2 to Professional Services Agreement
with Noble Consultants, Inc. of Irvine to develop a more specific
federal /state /City dredging project for Semeniuk Slough at a contract price
of $44,000 and authorize the Mayor and the City Clerk to execute the
Amendment; and 2) approve a budget amendment (06BA -017) appropriating
$44,000 from General Fund 7014- C5100805 (Morning Canyon Stabilization
Project) into Account No. 7231- C5100719 (Tide and Submerged Land).
10. POLICE BUILDING MODIFICATIONS AND FIRE STATION NO. 6
GENDER MODIFICATIONS & HOSE TOWER DEMOLITION -
AWARD OF CONTRACT (C -3640) 1381100 - 20051. 1) Approve the plans
and specifications for the three projects listed; 2) award the contract (C-
3640) to Horizons CCI Services, Inc. for the total bid price of $405,500 and
authorize the Mayor and the City Clerk to execute the contract; 3) establish
an amount of $40,550 to cover the cost of unforeseen construction expenses;
Volume 57 - Page 422
City of Newport Beach
City Council Minutes
September 13, 2005
7. MEMORANDUM OF UNDERSTANDING (MOU) AND BUDGET
AMENDMENT - UPPER NEWPORT BAY NATURE PRESERVE
ACCESS AND RESTORATION PROJECT (C -3592) [381100- 20051.
Item continued to the City Council meeting of September 27, 2005.
9. MORNING CANYON STABILIZATION PROJECT - AWARD OF
CONTRACT (C -3517) [381100- 20051. 1) Approve the drawings and
specifications; 2) adopt Resolution No. 2005 -47 finding that the conditions in
Morning Canyon constitute an emergency situation and that staff is
directed to move forward with the Morning Canyon Stabilization Project so
work can be completed in advance of the rain season and continue working
with California Coastal Commission staff to secure a Coastal Development
Permit and make their best efforts to incorporate the conditions of the
permit into the ongoing project; 3) award the contract (C -3517) to Sunquest
General Engineering for the total bid price of $796,518.50, and authorize
the Mayor and the City Clerk to execute the contract; 4) authorize the City
Manager to enter into a contractual reimbursement agreement with the
owners of 601 Rockford Road and 515 Rockford Place for their share of the
proposed improvements, allow for the City Attorney to approve any
nonsubstantive changes to these agreements that would not impair the
City's liability interest, and obtain a deposit of $300,000 from the owners,
which also contains a waiver /release; 5) establish an amount of $60,000 to
cover the cost of unforeseen work; and 6) approve Geotechnical work in the
amount of $10,000.
MISCELLANEOUS ACTIONS
10. AUTHORIZE ACCEPTANCE OF FUNDS TO OFFSET PURCHASE
OF FIREARMS FOR POLICE PATROL VEHICLES [100- 20051. 1)
Authorize the City Manager to accept donations in the amount of $11,597.56
from the Newport Beach Police Employees Association and $5,798.78 from
the Newport Beach Police Management Association for the purchase of
additional AR -15 rifles; and 2) approve the placement of the funds into the
Police Department's Patrol Donations Account #1820 -5901 and increase
revenue estimates by this amount (06BA -012).
S19. BUDGET AMENDMENT AND AUTHORIZATION TO PURCHASE
1.88 ACRES OF LAND AT SUPERIOR AND PACIFIC COAST
HIGHWAY (CALTRANS PARCEL DD #40766 -01 -02; SUNSET RIDGE
PARK) [381100- 20051. 1) Authorize the Mayor to execute a Purchase and
Sale Agreement (C -3743) for Parcel DD #40766 -01 -02 provided that the
Agreement is substantially similar to the term sheet attached to the staff
report; and 2) approve a budget amendment (06BA -013) in the amount of
$175,000 from the Unappropriated Park In Lieu Reserves, 010 -3767, to
account number 7021- C5100515.
Motion by Mayor Pro Tern Webb to approve the Consent Calendar; except for those items
removed (1, 8); and noting the modification to Item No. 9; the continuation of Item No. 7;
and the No vote by Council Member Nichols on Item Nos. 4, 5 and 6.
Volume 57 - Page 411
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
September 13, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
949/644 -3002 or dkiff @city.newport- beach.ca.us
SUBJECT: MOU and Budget Amendment — Upper Newport Bay Nature Preserve
Access and Restoration Project
ISSUE:
How should the City compensate the Upper Newport Bay Nature Preserve following a
water utility installation project along Irvine Avenue?
RECOMMENDATION:
1. Authorize the City Manager to enter into a Memorandum of Understanding (MOU)
with the County of Orange regarding a project to improve access and restore habitat
at the Upper Newport Bay Nature Preserve; and
2. Adopt Budget Amendment #^ appropriating $100,000 from the Water Enterprise
Fund for the Upper Newport Bay Access and Restoration Project.
DISCUSSION:
Along much of the western, northern, and easterly sides of Upper Newport Bay, visitors
can enjoy the Bay's views, learn about and see its habitat, and walk, bike, ride, or run
along its boundaries. A paved trail system, including Back Bay Drive and a boardwalk
bridge, links Irvine Avenue (near Santiago Drive) to Jamboree Road. Hundreds of
thousands of people use this trail system annually.
The trail system provides access to two major park and natural habitat areas -- the
Upper Newport Bay Nature Preserve (administered by the County of Orange and within
the region's Natural Communities Conservation Plan or "NCCP ") and the Newport Bay
Ecological Reserve (administered by the California Department of Fish and Game).
The Peter and Mary Muth Interpretive Center -- a facility operated by the County of
Orange's Harbors Beaches, and Parks Division -- sits within the Nature Preserve off of
University Drive. The City of Newport Beach plays a role, too, because the city owns
UNB Nature A— Access and Restoration Project
September 13, 2005
Page 2
and operates Back Bay Drive and co -owns certain parts of the Nature Preserve with the
County.
The West Bay. The West Bay suffers from a number of serious problems, primarily due
to inappropriate public use, that threaten the long -term health of the Bay and of many
sensitive and endangered species. The areas immediately bayward and west of the
Interpretive Center -- still within the Nature Preserve -- are among the most 'heavily
visited sites around the Bay. Although a paved multi - purpose trail links the Center to
Irvine Avenue, continuing west along Irvine Ave until it hits Santiago Drive, and a
decomposed granite ( "DG ") trail traverses the top of the bluffs nearby, visitors to the
Nature Preserve have developed miles of their own unauthorized trails throughout the
bluff tops, slopes and wetlands in this area. Often they unknowingly enter the most
sensitive parts of the Preserve and the DF &G Ecological Reserve.
These visitors do not realize the serious damage they cause. This continued public use
is destroying fragile native wetlands and uplands habitat, further eroding steep slopes
and drainages, contributing to on -going costly maintenance problems, and impacting
critical nesting and feeding areas of the endangered light- footed clapper rail and other
sensitive native species. Left unaddressed, these problems -- caused by inappropriate
public uses in the West Bay -- threaten the long- term integrity of the West Bay and of
Upper Newport Bay, and pose particularly serious threats to the survival of the light -
footed clapper rail.
This aerial photograph illustrates some of the inappropriate trails:
Threat to the Light- footed Clapper Rail: The wetlands and salt marsh immediately
adjacent to these illegal trails are critical nesting and feeding habitat for the Light- Footed
Clapper Rail (Rallus longirostris levipes, federally listed as endangered in 1970). Some
experts believe that Upper Newport Bay is the only remaining region in the world where
J
UNS Nature Reserve — Access and Restoration Project
September 13, 2005
Page 3
the Light- footed Clapper Rail is successfully reproducing. The numbers of nesting pairs
in the Bay has been steadily decreasing, with only 104 nesting pairs counted recently.
The West Bay is the best habitat in the Bay for these birds and is vital to their survival.
Additional damage to this area could push the numbers of nesting pairs to dangerously
low levels. This ground- nesting bird is easily frightened by people and dogs entering the
wetlands from the illegal trails paralleling the wetlands' edge. This area is also
important habitat for the Salt Marsh Bird's Beak (Cordylanthus maritimus, listed as
endangered in 1978).
Costly Erosion and Drainage Problems: The problems resulting from erosion and
sedimentation in the Bay have been well- documented. There are several drainages in
the West Bay area which cut through the bluffs and enter the Bay. Heavily used by the
public as unofficial "steps" and trails, these drainages and other steep slopes continue
to erode badly. They pose threats to public safety, cost the county every year and
deposit unwanted sediments into the Bay.
The Proposed Remedy. Bay advocates and restoration experts believe that more
appropriate public access should be provided at the West Bay in order to provide Bay
users with a high - quality visit -- while at the same time protecting the sensitive wetlands
and steep slopes of the West Bay and the Nature Preserve. They recognize that the
public wants access to the wetlands and water's edge, and that the majority of visitors
are unaware of the damage their current uses cause. Therefore, the City, the County
and DF &G have proposed constructing a well- designed and habitat - sensitive network of
public access points using trails and an elevated pedestrian boardwalk with viewing
areas along the wetlands edge and connecting from the wetlands to the existing bluff -
top trails and overlooks.
This trail network, including the pedestrian boardwalk, would re- direct visitors from
sensitive habitat and dangerously eroding slopes and keep them on existing bluff -top
trails and the new boardwalk and trail system. The 2 -mile trail system would stretch
from University Avenue to 23rd Street, allowing people appropriate access to the edge of
the Bay's wetlands and shoreline -- including places at the toe of the bluff near the
water's edge -- but keeping people out of the wetlands and mudflats. We anticipate that
the boardwalk will have viewing platforms, bird viewing blinds, and interpretation and
signage that will assist visitors in learning about the sensitive habitat that they view.
We also propose restoring long- barren bluff tops and slopes with native habitat
consistent with the land's role as a part of the Natural Communities Conservation Plan
(NCCP), and slope and drainage stabilization with an emphasis on utilizing native
vegetation and long -term sustainability. We intend to remove unauthorized trails and
then re- vegetate the area with native plants. These improvements are badly needed to
reduce on -going maintenance costs, stabilize bluffs eroding due to the wrong kind of
public uses, and prevent future flooding and serious erosion into the Bay.
UNB Nature Reserve — Access and Restoration Project
September 13, 2005
Page 4
Planning Phase — This specific agenda item asks for the City's participation in the first
phase of the Project— includes the planning, evaluation, and design of:
• A comprehensive trail and access system that connects to existing bluff -top trails and to the
Muth Center;
• A plan that insures maximum sustainability of improvements and ongoing maintenance and
that suggest enforcement and access control measures;
• High - quality interpretive elements in the trails, boardwalk viewing areas, and restoration
areas;
• Habitat - sensitive trails and elevated pedestrian boardwalks, public access points, and
viewing platforms along or in proximity to the wetlands;
• Restoration of existing habitat;
• Removal of unauthorized trails and non - native vegetations; and
• Restoration of eroding and currently barren bluffs, drainages, and upland areas using
sustainable methodologies and native plants;
Funding. As a part of the American Trader Oil Spill Settlement Agreement and at the
City's request, the County of Orange has allocated about $367,000 of its settlement
proceeds for this Project. The City's contribution of $100,000 (if approved) would allow
us to cooperatively (via the attached MOU) move through the Planning Phase towards
construction.
Construction costs may be in the range of $2.5 -3.5 million. We are optimistic that the
Project, once planned and approved, will successfully secure construction funding from
entities such as the Wildlife Conservation Board (WCB), a funding arm of DF &G which
specifically receives Proposition 40 and 50 revenue. Other potential fund sources
include the Santa Ana Heights redevelopment project area and a local non - profit that
supports capital projects like this one.
Why $100K from the Water Enterprise Fund? When the City completed a water main
project along Irvine Avenue in 200X, the project impacted protected habitat in the Upper
Newport Bay Nature Preserve. Rather than having the City mitigate those impacts on-
site, City staff and the County suggested having the City's compensation for those
impacts be allocated towards this access improvement project. Both staffs estimate
that the habitat impacts of the water main job equals about $100K in 2005 dollars.
Environmental Review: Environmental review will be included within the Planning
Phase of the Project
Submitted by
Dave
Assistant City Manager
UNB Nature Reserve — Access and Restoration Project
September 13, 2005
Page 5
Attachments: Letter from County of Orange, including MOU
Budget Amendment # _
COUNTY OF ORANGE
V M
RESOURCES & DEVELOPMENT MANAGEMENT DEPARTMENT
January 6, 2005
Mr. Dave Kiff, Assistant City Manager
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92663
Subject: Upper Newport Bay Westbay Access and Restoration Project
Dear Mr. Kiff:
Bryan Speegle, Director
300 N. Flower Street
Santa Ana, CA
P.O. Box 4048
Santa Ana, CA 92702 -4048
Telephone: (714) 834 -2300
Fax: (714) 834 -5188
Per our meeting on December 6, 2004, this letter is to request the City of Newport Beach
provide a $100,000 contribution to assist with financing of the six -acre Habitat Restoration
Project at Upper Newport Bay Nature Preserve ( UNBNP). It is understood that the $100,000
contribution will constitute the city's mitigation for coastal sage scrub damaged in UNBNP by
prior installation of utility lines along Irvine Avenue (per Special Provision Item D of the attached
Encroachment Permit).
With the city's $100,000 contribution, the county will provide its remaining allocation of American
Trader Oil funds ($367,000) towards planning and engineering associated with a trail, and
boardwalk access project in the Westbay parcel of UNBNP and the State Ecological Reserve. It
is understood that funding for construction of the trail and boardwalk will be sought from the
Wildlife Conservation Board, redevelopment sources, and other funds.
I have attached an MOU that memorializes the aforementioned understanding for the city's
approval. Upon city approval, the MOU will be submitted to Board of Supervisors for final
approval and authorization to release of an RFP for consultant services.
I look forward to our continued partnership as we move forward on these projects at UNBNP. If
you have any questions regarding this matter, please call me at 714- 834 -6666.
'Kevin G. Thomas, Director
Harbors, Beaches and Parks
Attachment
cc: Bryan Speegle, RDMD Director
Scott Thomas, HBP Design
Bob Hamilton, HBP Program Management
Tim Miller, HBP Operations
Thomas Miller, County Counsel
City of Newport Beach NO. BA- 06BA -011
BUDGET AMENDMENT
2005 -06 AMOUNT: $100,000.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
8X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from the Water Fund Unappropriated Fund Balance for partial funding of
the Upper Newport Bay Nature Preserve Access and Restoration Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
500 3605 Water Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Signed:
Signed:
Financial Approval: Administrative Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$100,000.00
$100,000.00
Date
:F4210 5
ate
Date
Description
Division
Number
7501 Distribution and Piping
Account
Number
C5100877 Upper Npt Bay Access & Restoration
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Signed:
Financial Approval: Administrative Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$100,000.00
$100,000.00
Date
:F4210 5
ate
Date
MOU and map coming with
Friday's packet