Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-3745 - Beach Replenishment Performance Monitoring; Lower Santa Ana River
w-STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PURCHASE AND SALAREEMENT - REAL PROPEA DD040766-01 -01 In this Agreement dated September 26, 2006 by and between CITY OF NEWPORT BEACH hereinafter known as "BUYER" and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter known as "SELLER ", the parties agree as follows: For the sum of Five Million Dollars ($5,000,000) and no cents, Buyer hereby agrees to purchase and Seller hereby agrees to sell the vacant and unimproved real property located in the City of Newport Beach, Orange County, California, and legally described in Director's Deed # 040766 -01-01 (hereinafter referred to as the "property "). Subject to the following conditions: Buyer agrees to pay for the said real property to State the principal sum of Five Million Dollars ($5,000,000). A series of three payments shall be made to the State of California, Department of Transportation, and delivered to the State of California, Department of Transportation, Southern Right of Way Region, Excess Land Sales, 21073 Pathfinder Road, Suite 100, Diamond Bar, CA 91765. Interest will begin on January 1, 2007. Principal and interest to be due and payable in annual installments as follows: 1. Principal payment of $2.0 million by December 31, 2006; 2. Principal payment of $1.5 million plus interest of $142,500 by December 31, 2007; and 3. Principal payment of $1.5 million plus interest of $71,250 by December 31, 2008. (a) Each annual installment shall be credited first on interest then due and the remainder on principal so credited. (b) Buyer may make additional payments on the principal at any time before final installment, and interest shall thereupon cease upon said principal so credited. (c) If Buyer should default in the payment of any annual installment, or any part thereof, when due as herein provided, and such default should continue for thirty (30) days after notice thereof in writing to Buyer, the whole of said purchase price shall at the option of the State become forthwith due and payable. (d) If the Buyer shall default on any of the payments, title, at the option of the State, will revert back to the State. (e) It is understood and agreed that the term of this agreement shall end on December 31, 2008 and the buyer shall make payment in full including principal and interest by that date. (f) The Deed shall record after receiving CTC approval and the I" payment of $2.0 million, no later than December 31, 2006. II All sales made subject to the approval of the California Transportation Commission. In the event that the California Transportation Commission fails to approve this sale, all monies heretofore paid by the Buyer will be refunded without interest. The CTC meeting is October le, 2006. III The Seller is willing to process this sale at no charge to the Buyer, except for the items set forth in paragraph IV below. Buyer, at his option, may open an escrow at its own expense. The Seller will pay no escrow fees. Page 1 of 3 STATE OF CALIFORNIA • DEPARTMENTS TRANSPORTATION PURCHASE AND SALE AGREEMENT - REAL PROPERTY DD040766 -01 -01 IV The Buyer agrees to pay any and all recording fees, documentary transfer tax and monumentation fees chargeable by the County Recorder. At a later date, the Seller will request the fees forwarded, and buyer shall submit to the seller upon demand. V The Buyer expressly understands that the right, title and interest in the property to be conveyed shall not exceed that vested in the State of California and that the Seller will furnish no policy of title insurance. If a policy of title insurance is desired, the Seller will obtain one, upon request, at the Buyer's expense. VI The property is being sold "as is" and is being conveyed subject to any special assessments, restrictions, reservations or easements of record and subject to any reservations or restrictions contained in the Director's Deed. Buyer has read and understands other information the Seller has relative to these matters. VII In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The Buyer agrees that the title of the property being conveyed shall not pass until the Director's Deed has been recorded. The Buyer shall not take possession of the property until the director's Deed is recorded VIII Buyer shall defend, indemnify, and hold seller and seller's elected and appointed officers agents and employees free and harmless from and against any and all liabilities, damages, claims, costs and expenses (including without limitation, attorney's fees, legal expenses and consultant's fees, and investigation and remediation costs) arising in whole or in part from the existence of hazardous substance, or hazardous substance conditions. This indemnity is intended to address that liability for which seller may be responsible arising solely out of its mere ownership of said real property. This provision shall survive transfer of title of the said real property and any rescission of the said transfer. "Hazardous Substance" shall mean any substance whose nature and / or quantity of existence, use, manufacture, disposal of effect, render it subject to federal, state or local regulation, investigation, remediation or removal as potentially injurious to public health or welfare, including the comprehensive Environmental Response Compensation and Liability Act or Resource Conservation and Recovery Acts as now in effect. "Hazardous Substance Condition" shall mean the existence on or under, said property of a hazardous substance that requires remediation and / or removal and / or to be otherwise mitigated pursuant to applicable law. Page 2 of 3 STATE OF CALIFORNIA. DEPARTMENT* TRANSPORTATION PURCHASE AND SALE AGREEMENT — REAL PROPERTY DD040766 -01 -01 IX This New Purchase Agreement supercedes and replaces any and all previous agreements of any kind. The terms and conditions of the above agreement are hereby accepted, subject to the approval of the California Transportation Commission. Please indicate exactly how the title should be vested: California Buyer: ( a wifl- MAYOR (Signature) DON WEBB (Print Name) Date: 11/16106 Buyer: Date: (Signature) (Print Name) STATES OF CALIFORNIA pe"� DEPARTMENT OF TRANSPORTATION By: C Date: C. Paul LaMond, Acting Chief Excess Land, Southern Right of Way Region Page 3 of 3 0 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: State of California DEPARTMENT OF TRANSPORTATION Caltrans — District 12 Office of Right of Way 3337 Michelson Drive Suite CN380 Irvine, CA 92612 -1699 Attn: R/W Excess Lands RWPE: C. SMYTHE (01/04/01) Wrliten:CS Check:DO DIRECTOR'S DEED CCIS COPY mot Compared witil Original Recorded in Official Records, orange County Tom Daly, Clerk- Recorder JIM �llllUliIIIIIIIII�IUIIIIII�IIIIIInIIIIININIIIIINO FEE 200600081358310:16am 12105106 106 33 D10 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 this fine District I County I Route I Post I Number 12 Orange 1 19.7 DD 040766 -01 -01 The STATE OF CALIFORNIA, acting by and through Its Director of Transportation, does hereby grant to the City of Newport Beach all that real property in the City of Newport Beach County of Orange , State of California, described as: Parcel No. DD 040766 -01 -01 That portion of Lot 1 of Tract No. 463 in the City of Newport Beach, County of Orange, State of California as shown per a map filed in Book 32, Pages 2 and 3 of Miscellaneous Maps in the office of the County Recorder of said county; that portion of Lot I. of Tract No. 2250 as shown per a map filed in Book 104, Pages 6 and 7 of said Miscellaneous Maps; that portion of Melrose Mesa (Tract No. 15) as shown on a map filed in Book 9, Page 19 of said Miscellaneous Maps; that portion of Lot D of the Banning Tract, as shown on a map of said tract filed in the case of Hancock Banning, et al. vs. Mary H. Banning for partition, and being Case No. 6385 upon the Register of Actions of Superior Court of Los Angeles County, California, bounded as follows: Bounded northeasterly by the northeasterly line of the lands described as Parcel l of State Parcel No. 40767 in a Grant Deed recorded February 14, 1966 in Book 7839, Page 739 of Official Records in the office of the County Recorder of Orange County, California; MAIL TAX STATEMENT.Sy of Newport Beach 33300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 Page 1 of 5 This office is exempt from filing fees under Government Code Section 6103 0 0 Bounded westerly by the westerly line of said Grant Deed, said westerly line also being described as a portion of the northerly prolongation of the westerly line of Annexation No. 55 to the City of Newport Beach dated September 19,1963; Bounded southwesterly by the northeasterly line of "new" Pacific Coast Highway as described in a Director's Deed (State Parcel No. DD 040767- 03 -01) from the State of California to the City of Newport Beach, a municipal corporation, recorded May 6,1993 as Instrument No. 93- 0304178 of said Official Records; and bounded southerly and southeasterly by the center line of "new" Superior Avenue as described in a Director's Easement Deed (State Parcel No. DE 040766 -1) from the State of California to the City of Newport Beach, a municipal corporation and charter city, recorded May 6,1993 as Instrument No. 93- 0304175 of said Official Records. EXCEPTING THEREFROM those rights and interests previously excepted from that parcel of land described in the deed from A.E.S. Chaffey, et al., to the State of California (State Parcel No. 40766), recorded January 7,1966 in Book 7801, Page 108 of said Official Records. ALSO EXCEPTING THEREFROM those rights and interests previously excepted from those parcels of land described in the deed from BEECO, LTD., to the State of California (State Parcel No. 40767), recorded February 14, 1966 in Book 7839, Page 739 of said Official Records. SUBJECT TO an easement for storm drain purposes, 35.00 feet wide; and an easement for sanitary sewer purposes, 30.00 feet wide, both as described in a Director's Deed (State Parcel No. DE 040767- 01-02) from the State of California to the Newport Crest Homeowners Association, a California Nonprofit Mutual Benefit Corporation, recorded September 11, 1990 as Instrument No. 90- 479322 of said Official Records. There shall be no abutter's rights of access appurtenant to the above - described real property in and to the adjacent state highway over and across those portions of the northeasterly line of "new" Pacific Coast Highway hereinabove described in said deed recorded as Instrument No. 93- 0304178 of Official Records, said portions of the northeasterly line being further described as having a bearing and a distance of "North 54 °21'52" West, 215.42 feet" and "North 53 °13'07" West, 167.37 feet'. Page 2 of 5 0 PARCEL 040766 -3 RESERVING UNTO THE GRANTOR AN EASEMENT FOR SCENIC VIEW AND OPEN SPACE PURPOSES OVER THE AFOREMENTIONED PROPERTY, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF LOT 3 OF TRACT NO. 7817, PER MAP FILED IN BOOK 308, PAGES 33 AND 34 OF MISCELLANEOUS MAPS, IN SAID OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH A LINE PARALLEL WITH AND DISTANT 100.00 FEET WESTERLY OF THE WESTERLY LINE OF SAID LOT 3; THENCE ALONG SAID PARALLEL LINE, S00 019'10 "W 505.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE N71 014'04 "E 254.46 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 263.60 FEET SOUTHWESTERLY OF SAID SOUTHWESTERLY LINE OF SAID LOT 3; THENCE ALONG SAID PARALLEL LINE S62 013'53 "E 838.20 FEET TO A POINT ON THE NORTHERLY LINE OF "NEW" SUPERIOR AVE AS DESCRIBED IN A DOCUMENT RECORDED MAY 6,1993 AS INSTRUMENT NO. 93- 0304175 OF SAID OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION OF SUPERIOR AVENUE AS DESCRIBED IN SAID DOCUMENT RECORDED MAY 6, 1993 AS INSTRUMENT NO. 93 -0304175 OF SAID OFFICIAL RECORDS. GRANTEES USE OF SAID EASEMENT AREA SHALL BE LIMITED TO THOSE "PERMITTED" USES UNDER GRANTEE'S ZONING DESIGNATION OPEN SPACE — ACTIVE AS DEFINED UNDER TITLE 20 OF GRANTEES ZONING CODE AS IT EXISTED ON OCTOBER 12, 2006. ADDITIONALLY THE GRANTEE IS PROHIBITED FROM PLACING PERMANENT STRUCTURES OR PAVEMENT WITHIN THE EASEMENT AREA, AND NO PARKING OF MOTORIZED VEHICLES SHALL BE PERMITTED WITHIN THE EASEMENT AREA. GRANTEE SHALL BE RESPONSIBLE FOR ALL MAINTENANCE WITHIN THE EASEMENT AREA. Attached hereto and made a part hereof is a map entitled "Exhibit `A' ". This map is for informational purposes only and is subordinate in all respects to the above legal description. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act. Signature: SCOTT E. ESTEP, PLS 7066 EXPIRATION: 12 -31 -2006 Date: 9- Zy, 2aoto Page 3 of 5 E. £S VO l h � 12/31/06 / N0. 7066 /l i D NE'LY LME'MEN'P.G1. �'` '\. lI STATE PARCEL N0.DD 090767 -03-01 PER INST. NO, 93-03 0 417 8 OR \' \y'\ \ ACCESS OOESSROROPER � St. NO. 93-0304118 MR. NW'LY LIRE PM 1 /91 T BEACH NOTE THE SCE YEW AND OPEN SPACE SQUARE D FOOTAGE ODES MDT INCLUDE THE AREA WITHIN �' "/,y'.�/•Ay'yt� THE STORM DRAIN AND SEWER EASE PER INST. NO. 90- 479322. .r 1_I I I I STATE RETAINS ACCESS RIGHTS STATE OF CALIFORNIA -- DEPARTMENT OF TRANSPORTATION- - DISTRICT 12 PLAT ACCOMPANYING SCALE: N.T.S. DIRECTOR'S DEED DD 040766-01-01 DRWN:SEE CHKO:GBG DATE : 11 /18/04 REF. MAP: E120010 -15 SHEET 4 OF 5 P DIST COUNTY RTE I P.M. .,.\ SITE w w 12 1 ORA 1 19.7 oe��a "A" �.. .. �., Pq�1FlC EXHIBIT NO SCALE - S7q r f (Sr f y /DHWHY "-+ z —SITE 100' Wt-Y LINE OF LOT 3 IN 7017,104 308/33 -34 CITY OFLpT1333e - i Ii 1P 4 t I �I - RA C r No �1JJ - dW�o II I N II II i STONN GRAIN ESMT. PER 1 MST. NO, W- 419322 O.R. 1 II r N:vT 1.x[ P1141 Sl.m FAII(El xa 40767 PTA u rail. w 1M oR. I. 3 I' OF SENEP ESMT. PER IV] JVI 3 � -3 O I 1T J I; 1 INST. N0. 90- 979322 O.R. J ! I I I � ; A. 655,709 SO. FT DO 040766 -01-01 b L- fENIER LME "NE� IttOR RYE. SFFA MST. NO. 175 175 MR, 97.920 SF \ 040766-3 _ W P 0 R T SCENIC VIEW 8 OPEN SPACE EASE SUPER t OR �•�% NE'LY LME'MEN'P.G1. �'` '\. lI STATE PARCEL N0.DD 090767 -03-01 PER INST. NO, 93-03 0 417 8 OR \' \y'\ \ ACCESS OOESSROROPER � St. NO. 93-0304118 MR. NW'LY LIRE PM 1 /91 T BEACH NOTE THE SCE YEW AND OPEN SPACE SQUARE D FOOTAGE ODES MDT INCLUDE THE AREA WITHIN �' "/,y'.�/•Ay'yt� THE STORM DRAIN AND SEWER EASE PER INST. NO. 90- 479322. .r 1_I I I I STATE RETAINS ACCESS RIGHTS STATE OF CALIFORNIA -- DEPARTMENT OF TRANSPORTATION- - DISTRICT 12 PLAT ACCOMPANYING SCALE: N.T.S. DIRECTOR'S DEED DD 040766-01-01 DRWN:SEE CHKO:GBG DATE : 11 /18/04 REF. MAP: E120010 -15 SHEET 4 OF 5 Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. ITNESS��tty hand and the seal of the Department of Transportation of the State of California, this day of [�%77ll;; 20ZZ AS DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA 5S County of Sacramento On this thjj:� day of �G /ut�/�i� 200h , before Name, personally appeared STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Director of Transportation Name of Signer personally known to me D proved to me on the basis of satisfactory evidence By Atto y I n Fact PERSONAL ACKNOWLEDGMENT "Jane Dbe, Notary Public" to be the person whose name Is subscribed to the within instrument and acknowledged to me that he /a*a executed the same in hisllwrauthorized capacity, and that by hisAW signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Notary Public's signature in and for said County and State) ii iMAANTHA PENNAIA 0 Ctanmisabn A` 1596908 Notary Public - California txu Angelrxs Couty My Comm. Expires Jul 2:3,200 THIS IS TO CERTIFY that the California Transportation Commission has authorized the Director of Transportation to execute the foregoing deed at its meeting regularly called and held on the 12th day of October 2006, in the City of Santa Rosa. Dated this 16th day of October2006. J H , ., V—ir orC F A ORNIA TRANSPORTAMM ISSION Page 5 of 5 RESOLUTION 2006 -89 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE PURCHASE OF SUNSET RIDGE PARK AND AGREEING TO TERMS AND CONDITIONS ASSOCIATED WITH A PURCHASE AND SALE AGREEMENT FOR THE PARK PROPERTY WHEREAS, the City of Newport Beach and its residents have long envisioned the 15 acres of land at the comer of Superior Avenue and West Coast Highway as a park, including both active and passive components; and WHEREAS, extensive dealings with the owner of the property, California .Department of Transportation ( "Caltrans "), have occurred in the nearly thirty years since this property was declared surplus in 1976; and WHEREAS, the City of Newport Beach was successful in sponsoring Senate Bill 124 (Johnson, 2001) which authorized the transfer of Sunset Ridge Park to the California Department of Parks and Recreation from Caltrans for a purchase price of $1.3 million as long as the City entered into an Operating Agreement with State Parks to operate the land as a state park facility; and WHEREAS, further discussions with Governor Schwarzenegger's administration, the State Department of General Services, members of the Legislature, and others, have led the City and Caltrans to propose a direct sale of the property to the City at a price of $5,000,000; and WHEREAS, the direct sale would be completed through a Purchase and Sale Agreement, a scenic easement, and deed restrictions that would provide that: • The $5 million be paid in three installments and at 4.75% interest, • The property must be used as a park. consistent with the current Open Space - Active (OS-A) zoning; and • The City agrees to a 197,920 square foot Scenic Easement that would allow only uses of the property that are consistent with the OS-A zoning in place as of the date of this Resolution with the exception of permanent structures and pavement in the Scenic Easement Area. . WHEREAS, this Purchase and Sale Agreement requires the approval of the Ca4fomia Transportation Commission (CTC); now, therefore, be it: RESOLVED by the City Council of the City of. Newport Beach that it hereby: Finds and declares that the Caltrans West Parcel (15.05 acres) shall be used by the City to develop Sunset Ridge Park and shall use the Parcel solely for park purposes, consistent with OS A zoning; and 2. Authorizes the purchase of the Caltrans West Parcel from Caltrans at a price of $5 million paid in three installments at 4.75% interest; and 3. Authorizes the placement of a Scenic Easement (or similarly -named easement) over 997,920 square feet of the parcel, within which all Open Space - Active (OS- A) uses that exist as of the date of this Resolution are permitted except for permanent structures and pavement (the latter two uses are not permitted); and 4. Authorizes the Mayor of the City of Newport Beach to execute a Purchase and Sale Agreement to this effect; and 5. Authorizes the City Manager to execute any related documents that might accompany the Purchase and Sale Agreement in order to accomplish the sale of the property. ADOPTED this 26th Day of September, 2006. ATTEST: LAVONNE HARKLESS City Clerk DON WEBB Mayor of Newport Beach STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2006.89 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of September 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: None Abstain; None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of September 2006. (Seal) City Clerk Newport Beach, California r u . 'QCI FO RN�P Mayor Don Webb Mayor Pro Tem Steven Rosansky Council Members Keith D. Curry Leslie J. Daigle Richard A. Nichols Tod W. Ridgeway Edward D. Selich E 10 RECEIVED CITY OF NFp' OFFICE OF TIWOR ni r ;L- U), C'.E'lK, viV i .,'+ i.!_ .� i. "'.T November 16, 2006 California Department of Transportation 21073 Pathfinder Road, Suite 100 Diamond Bar, CA 91765 Attn: Vincent Lundblad LETTER OF ACCEPTANCE — DD #040766 -01-01 Dear Mr. Lundblad: EACH The City of Newport Beach hereby accepts the property described in Director's Deed #040766 -01 -01 and agrees to the terms of the Purchase and Sale Agreement (attached to this letter). I have also enclosed a check for $2,000,000.00. This is the initial payment as prescribed by the Purchase and Sale Agreement. The City appreciates Caltrans' assistance and support of this important purchase. If you have any questions about these documents, please do not hesitate to contact us at 949 -644 -3000. Sincerely, v b DON W EBB Mayor of Newport Beach Attachments cc: Members of the Newport Beach City Council City Manager Homer Bludau Assistant City Manager Dave Kiff Caltrans Director Will Kempton Ms. Bimla Rhinehart, Caltrans City Hall • 3300 Newport Boulevard • Post Office Box 1768 Newport Beach California 92658 -8915 • www.citynewport- beach.ca.us (949) 644 -3004 STATE OF CALIFORNIA • DEPARTMENT• TRANSPORTATION PURCHASE AND SALE AGREEMENT - REAL PROPERTY DD040766 -01 -01 In this Agreement dated September 26, 2006 by and between CITY OF NEWPORT BEACH hereinafter known as `BUYER" and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter known as "SELLER ", the parties agree as follows: For the sum of Five Million Dollars ($5,000,000) and no cents, Buyer hereby agrees to purchase and Seller hereby agrees to sell the vacant and unimproved real property located in the City of Newport Beach, Orange County, California, and legally described in Director's Deed # 040766 -01 -01 (hereinafter referred to as the "property "). Subject to the following conditions: Buyer agrees to pay for the said real property to State the principal sum of Five Million Dollars ($5,000,000). A series of three payments shall be made to the State of California, Department of Transportation, and delivered to the State of California, Department of Transportation, Southern Right of Way Region, Excess Land Sales, 21073 Pathfinder Road, Suite 100, Diamond Bar, CA 91765. Interest will begin on January 1, 2007. Principal and interest to be due and payable in annual installments as follows: L Principal payment of $2.0 million by December 31, 2006; 2. Principal payment of $1.5 million plus interest of $142,500 by December 31, 2007; and 3. Principal payment of $1.5 million plus interest of $71,250 by December 31, 2008. (a) Each annual installment shall be credited first on interest then due and the remainder on principal so credited. (b) Buyer may make additional payments on the principal at any time before final installment, and interest shall thereupon cease upon said principal so credited. (c) If Buyer should default in the payment of any annual installment, or any part thereof, when due as herein provided, and such default should continue for thirty (30) days after notice thereof in writing to Buyer, the whole of said purchase price shall at the option of the State become forthwith due and payable. (d) If the Buyer shall default on any of the payments, title will revert back to the State. (e) It is understood, and agreed that the germ of this agreement shall end on December 31, 2008 and the buyer shall make payment in full including principal and interest by that date. (f) The Deed shall record after receiving CTC approval and the I" payment of $2.0 million. The State will not record the Deed until the first payment of $2.0 million has been received. II All sales made subject to the approval of the California Transportation Commission. In the event that the California Transportation Commission fails to approve this sale, all monies heretofore paid by the Buyer will be refunded without interest. III The Seller is willing to process this sale at no charge to the Buyer, except for the items set forth in paragraph IV below. Buyer, at his option, may open an escrow at its own expense. The Seller will pay no escrow fees. Page I of 3 STATE OF CALIFORNIA • DEPARTMENT *TRANSPORTATION PURCHASE AND SALE AGREEMENT - REAL PROPERTY DD040766 -01 -01 IV The Buyer agrees to pay any and all recording fees, documentary transfer tax and monumentation fees chargeable by the County Recorder. At a later date, the Seller will request the fees forwarded, and buyer shall submit to the seller upon demand. V The Buyer expressly understands that the right, title and interest in the property to be conveyed shall not exceed that vested in the State of California and that the Seller will furnish no policy of title insurance. If a policy of title insurance is desired, the Seller will obtain one, upon request, at the Buyer's expense. VI The property is being sold "as is" and is being conveyed subject to any special assessments, restrictions, reservations or easements of record and subject to any reservations or restrictions contained in the Director's Deed. Buyer has read and understands other information the Seller has relative to these matters. VII In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The Buyer agrees that the title of the property being conveyed shall not pass until the Director's Deed has been recorded. The Buyer shall not take possession of the property until the director's Deed is recorded VIII Buyer shall defend, indemnify, and hold seller and seller's elected and appointed officers agents and employees free and harmless from and against any and all liabilities, damages, claims, costs and expenses (including without limitation, attorney's fees, Iegal expenses and consultant's fees, and investigation and remediation costs) arising in whole or in part from the existence of hazardous substance, or hazardous substance conditions. This indemnity is intended to address that liability for which seller may be responsible arising solely out of its mere ownership of said real property. This provision shall survive transfer of title of the said real property and any rescission of the said transfer. "Hazardous Substance" shall mean any substance whose nature and / or quantity of existence, use, manufacture, disposal of effect, render it subject to federal, state or local regulation, investigation, remediation or removal as potentially injurious to public health or welfare, including the comprehensive Environmental Response Compensation and Liability Act or Resource Conservation and Recovery Acts as now in effect. "Hazardous Substance Condition" shall mean the existence on or under, said property of a hazardous substance that requires remediation and / or removal and / or to be otherwise mitigated pursuant to applicable law. Page 2 of 3 STATE OF CALIFORNIA • DEPARTMENT •TRANSPORTATION PURCHASE AND SALE AGREEMENT — REAL PROPERTY DD040766 -01 -01 IX This New Purchase Agreement supercedes and replaces any and all previous agreements of any kind. The terms and conditions of the above agreement are hereby accepted, subject to the approval of the California Transportation Commission. Please indicate exactly how the title should be vested: of Newport Beach. California Buyer: MAYOR (Signature) Buyer: DON WEBB (Print Name) (Signature) (Print Name) STATE OF CALIFORNIA By: C. Paul LaMond, Acting Chief Excess Land, Southern Right of Way Region Page 3 of 3 Date: 11/16/06 Date: DEPARTMENT OF TRANSPORTATION Date: BOE -502-A (FRONT) REV. 6 (10 -D5) 0 �� 9y WEBSTER J. GUILLORY o ORANGE COUNTY ASSESSOR `�. (714) 834 -5031 SLIFO4� PRELIMINARY CHANGE OF OWNERSHIP REPORT [To be completed by transferee [buyer] prior to transfer of subject property in accordance with section 480.3 of the Revenue and Taxation Code.] A Preliminary Change of Ownership Report must be fled with each conveyance in the County Recorders office for the county where the property is located; this particular form may be used in all 58 counties of California. SELLER /TRANSFEROR: (,Aw FoRwV1A Oe9r vv f2{AwrSPDRSraitllN C(Qt.71LAN�.� BUYER/TRANSFEREE: GIP1 of rJrwAwr 130,acN ASSESSOR'S PARCEL NUMBER(S): 4Z9- Ottt -lo, 4s4 -o'11- o8 PROPERTY ADDRESS OR LOCATION: (.txLerSq, of 6oeFZ1oy ► W5,5r CZA4*. - 141W A) MAIL TAX INFORMATION TO: Name bNv6 Kt GI% RECORDER'S USE ONLY Address -sioo MSviFDox 6wo NEwP�dX f3EGtu1 CA Phone Number is a.m. -5 p.m.) (9u9 164.4 3oo-L NOTICE: A lien for property taxes applies to your property on January 1 of each year for the taxes owing in the following fiscal year, July 1 through June 30. One-half of these taxes is due November 1, and one -half is due February 1. The first installment becomes delinquent on December 10, and the second installment becomes delinquent on April 10.One tax bill is mailed before November 1 to the owner of record. You may be responsible for the current or upcoming property taxes even if you do not receive the tax bill. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the Orange County Assessor. For further information on your supplemental roll obligation, please call the Orange County Assessor at (714) 834.2941. PART 1: TRANSFER INFORMATION (please answeraliquestlons) ❑ ❑ A. Is this transfer solely between husband and wife (addition of a spouse, death of a spouse, divorce settlement, etc.)? ❑ N B. Is this transaction only a correction of the name(s) of the person(s) holding title to the property (for example, a name PART II: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date fafer { ... —T change upon marriage)? Please explain ❑ C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property? ❑ D. Is this transaction recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security ES Contract of Sale — Date of Contract 11 / 16 /06 interest (e.g., cosigner)? Please explain ❑ E. Is this document recorded to substitute a trustee of a trust, mortgage, or other similar document? ❑ Q F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants? ❑ G. Does this transfer return property to the person who created the joint tenancy (original transferor)? ❑ Original term in years (including written options) H. Is this a transfer of property: ❑ ❑ 1. to a revocable trust that may be revoked by the transferor and is for the benefit of the ❑ transferor ❑ transferor's spouse? ❑ C, Was only a partial interest in the property transferred? 2. to a trust that may be revoked by the Creator /Grantor who is also a joint tenant, and which names the other joint tenant(s) If yes, indicate the percentage transferred %. as beneficiaries when the Creator /Grantor dies? ❑ 3. to an irrevocable trust for the benefit of the [] Creator /Grantor and/or ❑Grantor's spouse? ❑ 4. to an irrevocable trust from which the property reverts to the Creator /Grantor within 12 years? ❑ I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options? ❑ ©` J. Is this a transfer between ❑ parent(s) and child(ren)? 0 o from grandparent(s) to grandchild(ren)? ❑ �' K. Is this transaction to replace a principal residence by a person 55 years of age or older? Within the same county? LJYes ❑ No ❑ ` L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5? Within the same county? ❑ Yes ❑ No ❑ M. Is this transfer solely between domestic partners currently registered with the California Secretary of State? 'If you checked yes to J, K or L, you may quality for a property tax reassessment exclusion, which may result in lower taxes on your property. If you do not file a claim, your property will be reassessed. Please provide any other information that will help the Assessor to understand the nature of the transfer. If the conveying document constitutes an exclusion from a change in ownership as defined in section 62 of the Revenue and Taxation Code for any reason other than those listed above, set forth the specific exclusions claimed: Please answer all questions in each section. If a question does not apply, indicate with "NIA." Sign and date at bottom of second page. PART II: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date fafer { ... —T acid B. T pe of transfer (please checkappropriateb— J: oxGift Purchase ❑ Foreclosure ❑ ❑❑ Trade or Exchange El Merger, Stock, or Partnership Acquisition ES Contract of Sale — Date of Contract 11 / 16 /06 ❑ Inheritance — Date of Death L Other (please explain): ❑ Creation of Lease ❑ Assignment of a Lease El Termination of a Lease ❑ Sale /Leaseback ❑ Date lease began ❑ Original term in years (including written options) ❑ Remaining term in years ( including written options) Monthly Payment Remaining Term C, Was only a partial interest in the property transferred? Yes No If yes, indicate the percentage transferred %. `e A002-213(R1oro5) BOE -502 -A (BACK) REV. B (10 -05) Please answer to the best of vourknow /edoe, a /a then sign and date. /fa aueUMion does not apply, indicate with %✓ /A.' A. CASH DOWN PAYMENT OR value of trade or exchange (excluding closing costs) Amount $ 2.000.000 S. FIRST DEED OF TRUST @ % interest for years. Pymts. /Mo. =$ (Prin. & Int. only) Amount $ ❑ FHA (_Discount Points) ❑ Fixed rate ❑ New loan ❑ Conventional ❑ Variable rate ❑ Assumed existing loan balance ❑ VA (_Discount Points) ❑ All inclusive D.T. ($ Wrapped) ❑ Bank or savings & loan ❑ Cal -Vet ❑ Loan carried by seller ❑ Finance company Balloon payment ❑ Yes ❑ No Due Date Amount $ C. SECOND DEED OF TRUST @ _% interest for years. Pymts./Mo. =$ (Prin. & Int. only) Amount $ ❑ Bank or savings & loan ❑ Fixed rate ❑ New loan ❑ Loan carried by seller ❑ Variable rate ❑ Assumed existing loan balance Balloon payment ❑ Yes ❑ No Due Date Amount $ D. OTHER FINANCING: Is other financing involved not covered in (b) or (c) above? ❑ Yes ❑ No Amount $ $. L*0 000 Type %Qoo 0o0 @ 41AZ % interest for 2- years. Pymts./Mo. =$ (Prin. & Int. only) ❑ Bank or savings & loan © Fixed rate ❑ New loan ❑ Loan carried by seller ❑ Variable rate ❑ Assumed existing loan balance Balloon payment ❑ Yes B No Due Date Amount $ziiiabw E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? ❑ Yes ® No Outstanding Balance: Amount $ F. TOTAL PURCHASE PRICE (oracquis&bn pnce, iftraded orexchanged, inciude reaiestate commission iipaid) TOTAL ITEMS A THROUGH E $ S Doo G. PROPERTY PURCHASED ❑ Through a broker 2) Direct from seller ❑ From a family member ❑ Other (p /ease explain): If purchased through a broker, provide broker's name and phone number: Please explain any special terms, seller concessions, or financing and any other information that would help the Assessor understand the purchase price and terms of sale: FMxee 02. . PART IV: PROPERTY INFORMATION A. TYPE OF PROPERTY TRANSFERRED: ❑ Single- family residence ❑ Agricultural ❑ Timeshare ❑ Multiple - family residence (no. of units: 1 ❑ Co -op /Own- your -own ❑ Manufactured Home ❑ Commercial /Industrial ❑ Condominium Unimproved lot ❑ Other (Description: i.e., timber, mineral, water rights, etc. ) B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? ❑ Yes ® No If yes, enter date of occupancy / , 20 or intended occupancy / 20 (month) (day) (year) (month) (day) (year) C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE (i.e,, furniture, farm equipment, machinery, etc.) (other than a manufactured home subject to local property tax)? ❑ Yes ® No If yes, enter the value of the personal property included in the purchase price $ (Attach itemized list ofpersonalproperty.) D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? ❑ Yes %No If yes, how much of the purchase price is allocated to the manufactured home? $ Is the manufactured home subject to local property tax? ❑ Yes ❑ No What is the decal number? E. DOES THE PROPERTY PRODUCE INCOME? ❑ Yes ® No If yes, is the income from: ❑ Lease/Rent ❑ Contract ❑ Mineral rights ❑ Other (olease explain): F. WHAT WAS THE CONDITION OF THE PROPERTY AT THE TIME OF SALE? ® Good ❑ Average ❑ Fair ❑ Poor Please explain the physical condition of the property and provide any other information (such as restrictions, etc.) that would assist the Assessor in determining the value of the property: I certify that the foregoing is true, correct and complete to the best of my knowledge and belief. This declaration is binding on each and every co -owner andlor partner. NAME OF NEW OWNEOJCORPOFIATE OFFICER TITLE b RR Ma OIZ„ SIGNATURE EW OWN FVCO I DATE A 1i_16 -IA0 NAME OF EN Y ( orpnMed) FEDERAL EMPLOYER ID NUMBER C1111i DIP Nfiwa cu (,ALIPMV,)IA 5- 600075 ADDRESS (typed orpnWed) E -MAIL ADDRESS (OPTIONAL) DATE 33rd N) Ewpa V N6 4:) US 414 26h; ur 11— ItO 171. (NOTE: The Assessor may contact you for additional information.) If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary change of ownership report, the recorder may charge an additional recording fee of twenty dollars ($20). 'A� f W ��' 1, m z � a k v Z�;K I CITY OF NEMORT BEACH ORANGE COUNTY AIRPORORANCH #023 16-1606 3300 NEWPORT BLVD. CITY NATIONAL BANK 1220 NEWPORT BEACH, CALIFORNIA 92658 18111 Von Karman Ave (949)644-3117 Irvine, California CHECK DATE CHECK NO� isoo nk�_ I ZA (949)223-4000 117;24/06 668654 PAY THE SUM OF ***2000000* DOLLARS AND *NO* CENTS TO THE STATE OF CAL-DEPT OF TRANSPORTATIO ORDER SO RIGHT OF WAYREGION-EXCESS LAND OF 20173 PATHFINDER ROAD # 100 DIAMOND BAR CA 9176E 11MOD 6P386SLtill 1:1220160661: D23111696835I1l CITY OF NEWPORT BEACH AMOUNT —1 VOID AFTER 180 DAYS rN ;:.io' VtiSTSkivi4rK AND (ZOLnRr.D SAFETY !"4NT C-,R 0 4, P R. y H i PA ! 'Er I fS e LTE t-' 1:1 VENDOR NO. 2390 CHECK NO. 668654 ACCOUNT PURCH. ORDER INVOICE NUMBER AMOUNT DESCRIPTION 7015 C5100515 DD0407660101 2,000,000-00 SUNSET RIDGE PARK 2390 STATE OF CAL-DEPT OF TRANSPORTATION PROFESSIONAL SERVICES AGREEMENT WITH COASTAL FRONTIERS CORPORATION FOR BEACH REPLENISHMENT PERFORMANCE MONITORING THIS AGREEMENT is made and entered into as of this 3rd day of December, 2004, by and between City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Coastal Frontiers Corporation, whose address is 9420 Topanga Canyon Blvd. Suite # 101 Chatsworth, California, 91311 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is participating with the Army Corps of Engineers and the County of Orange in a project to dredge sand from the invert of the Santa Ana River and place it in a relatively shallow offshore site adjacent to the West Newport groin field for the purposes of indirectly replenishing the sand on the West Newport beaches. C. City desires to engage Consultant to perform monitoring of sand placement in the offshore site as a part of an effort to understand how the sand moves onshore, so that good management decisions can be made for future sand replenishment projects in Newport Beach. ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project, shall be Greg Hearon, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of December, 2005 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and 0 subconsultant fees, shall not exceed Twenty Nine Thousand Eight Hundred and Twenty Dollars and no /100 ($29,820) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to 0 9 City at all reasonable times during the Agreement term. Consultant has designated Greg Hearon, P.E. to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Harbor Resources Division. Tom Rossmiller shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the • 0 services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorne)'s fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work or services negligently performed under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). • • Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully. with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. • i 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature..A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Reauirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. • 0 ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only ands not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional . insured as though a separate policy had been written for 15. • each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is.a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES CADD design data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD design data; (b) the decline of accuracy or readability of CADD design data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD design data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD design data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD design data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in °.dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title 19. 20. 21. 22 • r Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 0 0 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and 0 conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Tom Rossmiller, Harbor Resources Manager City of Newport Beach 829 Harbor Island Drive Newport Beach, CA, 92660 (949) 644 -3041 Fax (949) 723 -0589 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Greg Hearon, PE Coastal Frontiers Corporation 9420 Topanga Canyon Blvd., Suite #101 Chatsworth, CA 91311 (818) 341 -8133 Fax 818 341 -4498 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 0 0 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE 0 • The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATT 0 -kf LaV1 City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Dave Kiff, Assistant City Manager City of Newport Beach CONSULTANT: r By: Craig Leidersdorf, Principal Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Rev: 08- 30 -04 /da • Exhibit A • COASTAL FRONTIERS PROPOSAL TO CONDUCT BEACH PROFILE SURVEYS FOR CITY OF NEWPORT BEACH 1.0 INTRODUCTION Coastal Frontiers Corporation is pleased to submit this proposal to provide beach profile surveying for the City of Newport Beach in support of monitoring the Santa Ana River Nourishment Project. Coastal Frontiers has conducted beach profile surveys along the Newport shoreline on multiple occasion during the 1990's and as recently as 2002 on behalf of the U.S. Army Corps of Engineers and the County of Orange. The objective of the proposed survey program is to document the shorezone condition immediately before and after the planned nearshore disposal of material derived from the Santa Ana River. 2.0 SCOPE OF WORK Coastal Frontiers Corporation proposes to conduct a survey program, during which the primary objective will be to acquire beach profile data along 11 historical shore - perpendicular beach profile transects located between the Santa Ana River and Corona del Mar. Beach profile data will be acquired on two occasions to document the pre- and post - project condition. It is assumed that the pre - project survey will be conducted during early December, while the post - project survey will be conducted in Winter or Spring 2005. The work will consist of the four primary tasks described below: • Task 1 — Transect Re- establishment • Task 2 — Pre- Project Field Survey Activities • Task 3 — Pre- Project Data Reduction • Task 4 — Post - Project Field Survey Activities • Task 5 — Post - Project Data Reduction • Task 6 — Reporting Task 1— Transect Re- establishment The last complete survey Newport area that utilized the network of beach profile survey control points was conducted in 1995. The 2002 survey used RTK GPS positioning techniques to recover transect locations, and no permanent survey markers Coastal Frontiers Corporation 9420 Topanga Canyon Blvd, Suite 101 Chatsworth, CA 91311 -5759 (818) 341 -8133 Fax (818) 3414498 0 0 were left behind. Because of the nine year hiatus, it is anticipated that many of the original control points will have been lost or destroyed. Coastal Frontiers will recover each of the historical survey transects prior to or coincident with the Pre - Project beach profile survey. If a transect control point is found to be missing or destroyed, a new survey marker will be established using DGPS and differential leveling techniques. The work will be conducted such that each of the survey markers can be easily recovered during future surveys. Task 2 and 4 — Pre- and Post Proiect Field Survey Activities Beach profile data will be obtained along 11 shore - perpendicular beach profile transects located between the Santa Ana River and Corona del Mar. The proposed survey methods are similar to those employed on the previous survey programs conducted in Orange County, and currently conducted in San Diego County on behalf of SANDAG. The data acquired along each transect will form a continuous profile from the transect control point to the offshore terminus of the transect. The survey control points are located at the back beach. The offshore terminus will be the 45 ft isobath, Mean Lower Low Water (MLLW) Datum. Bathymetric data will be collected with a digital acoustic echo sounder operated from a shallow -draft inflatable survey vessel. The boat will transit each transect from the offshore terminus to the surf zone. The position of each sounding will be obtained with a GPS receiver, which utilizes a network of navigational satellites maintained by the U.S. Government. To improve the accuracy of each fix, differential position corrections transmitted in real time from U.S. Coast Guard beacons will be utilized. The calibration of the fathometer will be checked at the beginning and end of the survey, and at periodic intervals during the survey using a "bar check" procedure. The beach and surf zone will be surveyed using a total station and a survey rodman. The total station will be operated from the beach to determine the position and elevation of the beach at each location occupied by the rodman. The rodman will gather data throughout the surf zone to the calmer waters offshore to obtain data overlap with the survey vessel. Task 3 and 5 — Pre- and Post Project Data Reduction The soundings will be adjusted to MLLW datum utilizing tide measurements collected by the U.S. Department of Commerce, NOAA, at Los Angeles Harbor. The water levels recorded in Los Angeles will be adjusted to Balboa Pier using the time and height differences published by NOAA. Data collected with the total station will be reduced with proprietary survey software. The processed soundings will be merged with the wading data, and the resulting information will be used to create a continuous beach profile. • • Task 6 — Reporting To save costs, a single letter report documenting the methods and results of both surveys will be provided. The report will contain beach profile plots and a tabulation of shoreline positions. 3.0 DELIVERABLES The survey data will be submitted in both tabular and graphical form for each surveyed profile. Tabular data will be provided in digital form only. The graphical plots will include selected data collected by Coastal Frontiers during the previous U.S. Army Corps of Engineers surveys. The hard copy data will be provided with the letter report documenting the methods and results of both surveys. 4.0 COST Coastal Frontiers Corporation proposes to conduct Tasks 1 through 6 of the above Scope of Work on a time- and - materials basis, with a not -to- exceed cost of $29,820. A detailed cost estimate is attached. 5.0 SCHEDULE It is assumed that the pre- project survey will be conducted during early December, while the post project survey will be conducted in Winter or Spring 2004. It should be noted that field operations must be limited to periods of favorable weather conditions, including light winds and waves less than three feet. The final letter report will be delivered to the City 60 days after completing the Post - Project field survey. COST ESTIMATE BEACH PROFILE SURVEYS FOR CITY OF NEWPORT BEACH November 11, 2004 Task 1. Transect Re -establsihment DIRECT LABOR Principal Engineer Engineer Technician OTHER DIRECT COSTS per diem expendibles IN -HOUSE EQUIPMENT RENTAL Patfinder Pro XR Survey Equipment Radios (2) ATV 4 hrs @ $125.00 $500 24 hrs @ $98.00 $2,352 12 hrs @ $63.00 $756 Labor Total $3,608 2 and @ $90.00 $180 1 Is @ $50.00 $50 Subtotal $230 10% G & A $23 CDC Total $253 1 day @ $195.00 1 day @ $20.00 1 day @ $30.00 1 day @ $50.00 Equipment Total Task 2. Pre- Project Field Survey Activities DIRECT LABOR Principal Engineer 0 hrs @ Engineer (2) 36 hrs @ Technician (2) 26 hrs @ OTHER DIRECT COSTS mileage per diem expendables Totla Station Rental Motion Sensor Recording CTD Hypack Software shipping Labor Total 650 miles @ 4md@ 1 Is @ 1 Is @ 1 days @ 1 days @ 1 days @ 1 Is @ (continued) $195 $20 $30 $50 $295 Total Cost for Task 1 $4,156 $125.00 $0 $98.00 $3,528 $63.00 $1,638 $0.38 $90.00 $100.00 $312.00 $225.00 $75.00 $75.00 $300.00 $244 $360 $100 $312 $225 $75 $75 $300 $5,166 0 0 COST ESTIMATE BEACH PROFILE SURVEYS FOR CITY OF NEWPORT BEACH Continued Subtotal $1,691 10 %G &A $169 ODC Total $1,860 IN -HOUSE EQUIPMENT RENTAL Survey Vessel Pathfinder Pro XR Digital Echosounder Data Acquistion Computer Survey Equipment Radios (2) ATV Task 3. Pre - Project Data Reduction DIRECT LABOR Principal Engineer Engineer Technician OTHER DIRECT COSTS none IN -HOUSE EQUIPMENT RENTAL computer usage 1 day @ $180.00 1 day @ $195.00 1 day @ $95.00 1 day @ $60.00 1 day @ $20.00 1 day @ $30.00 1 day @ $50.00 Equipment Total 2 hrs @ 24 hrs @ 8 hrs @ Labor Total 0 Is @ Subtotal 10%G &A ODC Total $125.00 $98.00 $63.00 $180 $195 $95 $60 $20 $30 $50 $630 Total Cost for Task 2 $250 $2,352 $504 $3,106 $0.00 $0 $0 $0 16 hrs @ $13.00 Equipment Total Task 4. Post - Project Field Survey Activities IDENTICAL TO TASK 2 (continued) $208 $208 Total Cost for Task 3 Total Cost for Task 4 $7,666 $3,314 $7,656 COST ESTIMATE BEACH PROFILE SURVEYS FOR CITY OF NEWPORT BEACH Continued Task S. Post- Project Field Survey Activities IDENTICAL TO TASK 3 Total Cost for Task 5 Task 6. Reporting DIRECT LABOR Principal Engineer 8 hrs @ $125.00 $1,000 Engineer 24 hrs @ $98.00 $2,352 Technician 4 hrs @ $63.00 $252 Labor Total $3,604 OTHER DIRECT COSTS shipping 1 Is @ $15.00 $15 Subtotal $15 10%G &A $2 ODC Total $17 IN -HOUSE EQUIPMENT RENTAL computer usage 8 hrs @ $13.00 $104 Equipment Total $104 $3,314 Total Cost for Task 6 $3,725 TOTAL COST FOR PROGRAM $29,820 Exhibit B December 2003 COASTAL FRONTIERS CORPORATION 2004 RATE SCHEDULE Direct Labor Costs Direct labor charges are made for project- related consulting services performed on behalf of the Client. These services may include engineering, technical typing, as in the preparation of reports and project documentation, duplicating, and shipping. Such charges are not made for office management, accounting, general secretarial services, and maintenance, as these are included in our overhead. Effective January 1 st, 2004, hourly rates for Coastal Frontiers personnel engaged in the performance of consulting services are as follows: Job Classification Hourly Rate (U.S. $1 Principal Engineer ........................................... ............................... $125.00 Engineer............................................................. ............................... $98.00 Technician......................................................... ............................... $63.00 Word Processor / Drafter ..................................... ............................... $49.00 Support Services ................................................ ............................... $40.00 Overtime will be charged at the standard hourly rates. Time spent in travel on behalf of the Client also will be charged at the standard hourly rates, with the exception that no more than eight hours of travel will be charged in any one calendar day. When expert witness testimony is provided, time spent under oath as in the case of depositions and court appearances, will be charged at 1.5 times the standard hourly rates. These rates are not subject to escalation or adjustment until January 1st, 2005. If Coastal Frontiers desires to utilize additional personnel whose classifications are not listed above in the performance of a project, their qualifications and hourly rates shall be submitted to the Client for prior approval of participation. i • COASTAL FRONTIERS CORPORATION 2004 RATE SCHEDULE Page 2 Other Direct Costs Costs relating directly to the performance of a project, other than Direct Labor Costs, will be charged at the billing or cost rate times 1.10. Such costs may include outside services, subconsultants, third -parry equipment rentals, duplication, printing and photographic work, third -parry computer time, special insurance, travel and transportation, subsistence or room and board, long distance communications, and exceptional postage. In -House Equipment Rental In -house equipment rental charges are made for the use of company -owned equipment dedicated to the performance of the Client's project. Rates are as shown on the following page. Invoices Invoices are submitted monthly and all fees are payable in U.S. Dollars in the USA within 30 days of date of invoice. Direct Labor charges will be invoiced by employee, charge rate, and hours worked. Other Direct Costs will be itemized and copies of receipts will be furnished. In -House Equipment Rental charges will be invoiced by item, charge rate, and period of use. Late payments are subject to an interest charge of 10% per annum, compounded monthly, on the unpaid balance. 0 COASTAL FRONTIERS CORPORATION 2004 RATE SCHEDULE Page 3 IN -HOUSE EQUIPMENT RENTAL RATES ITEM DIVING DAILY MONTHLY • Arctic Diving Equipment, per Diver .. ............................... $150 $1,200 • Non - Arctic Diving Equipment, per Diver ............................. 55 440 • Dry Suit (Without Other Diving Gear) ... ............................... 50 400 • SCUBA Compressor .............................. ............................... 70 850 • Underwater Communications System .... ............................... 70 850 • Underwater Video System .................... ............................... 125 1,500 • 35mm Underwater Camera ..................... ............................... 35 280 HYDROGRAPHIC SURVEY • Digital Acoustic Fathometer ................... ............................... 95 1,100 • Analog Acoustic Fathometer .................. ............................... 60 720 • Inflatable Boat and Motor ..................... ............................... 180 2,100 • Pathfinder Pro XR GPS ........................ ............................... 190 2,000 • Marinized Data Acquisition Computer .. ............................... 60 600 SURVEY • Automatic Level, Rod, and Tripod ......... ............................... 20 220 • Hand -Held UHF Radios, per Radio ........ ............................... 15 200 • All- Terrain Vehicle ................................. ............................... 50 500 • Hand Held GPS ........................................ ............................... 3 40 • Survival Packs, per pair .......................... ............................... 35 280 MEASUREMENT • Weathermeasure Model F581B Current Meter... • Pygmy Price Current Meter .. ............................... ,MPUTERS • Computer System (Office Use) ........................... • Laptop (Field Use) ................ ............................... • Color Printing ....................... ............................... ................ 40 440 ................ 20 220 ................13/hr n/a ................ 45 450 ..............0.60 /page n/a 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. nq August 24, 2004 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: Lower Santa Ana River Project ISSUE: How should the City respond to residents' concerns regarding a project of the US Army Corps of Engineers that would move sediment and sand from the Lower Santa Ana River to the beaches off of West Newport? RECOMMENDATION: Select one or more of the following options, or modify any of the following options: 1. Direct the City Manager to investigate contracting with a firm with an expertise in coastal engineering to monitor and review any work done along West Newport's beaches; 2. Authorize the Public Works Director to issue an Encroachment Permit for the Lower SAR Project that: • Requires contractor compliance with existing Environmental Assessments; • Requires contractor communication with City's oversight staff, if hired. 3. Authorize the Mayor to write a letter to the US Army Corps of Engineers and to the Orange County Board of Supervisors stating the City's position that: • Sand replenishment is an important protective measure for West Newport; • The City desires that any replenishment work be done via dredge in the near- shore zone to minimize resident and visitor impacts along the beach; • All beach disposal work done should be in accordance with the Project's Environmental Impact Statement and related Supplemental Environmental Assessments, supporting the limit of not more than 350' of beach width following beach disposal; and • Any shortfall in Project funding should near -shore disposal be viable should be addressed by the Corps or the Orange County Flood Control District (OCFCD). 0 0 DISCUSSION: Lower Santa Aria RiverPh#gct August 24, 2004 Page 2 An attached PowerPoint presentation shows the background for these recommendations, which are based in part on public input from a "Construction Awareness Meeting" held in City Council chambers on Wednesday, August 4' In addition to the PPT, questions came up on August 18'" about previous meetings and notices. We have included some information from the Corps in that regard. Committee Action: None Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Submitted by: Dav Assistant City Manager Attachments: PowerPoint Presentation Draft Letter to US Army Corps of Engineers Meeting information and meeting summary Lower Santa Ana River Pnysad August 24, 2004 Page 3 August 25, 2004 Mr. Kenneth Morris US Army Corps of Engineers, Los Angeles District 915 Wilshire Blvd. Suite 980 Los Angeles, CA 90017 RE: Lower SAR Project Dear Mr. Morris: Thank you again for your attendance at the Construction Awareness Meeting held August 18, 2004, and for the Corps' willingness to work with the City and its residents to maximize the benefits of the Lower Santa Ana River (Reach 1) Project following comments at that meeting. To continue that constructive dialogue, then, this letter expresses the City's concern and comments about the Project: 1. We are concerned that the Project has changed somewhat from the Project that was initially proposed and reviewed via the NEPA process. Specifically, we believe that any fill of the groinfields past 350' of beach width may not comply with recent environmental assessment work done that specifically limited groinfield fill to 350' of beach width. 2. We believe that nearshore disposable is the least environmentally- impactful method of disposing of material near the beach. While we recognize that respondents to your bid documents could propose dredging or trucking the material, we urge you and the contractor to consider eliminating or minimizing to the maximum extent practicable the amount of material moved by non - dredging methods. In light of funding constraints, we will be happy to work with you and to advocate before other impacted agencies to explore logistic and funding options other than trucked disposal, including: • Dredging as much material as possible (as noted); • Depositing as much material as possible off the mouth of the SAR or adjacent to the mouth, whereby it could be pushed into the nearshore zone in advance of storm events; • Other methods as your engineers may determine feasible that limit trucking on the beach. In closing, let me assert the City's belief that sand replenishment is a necessary part of maintaining our beaches and that we welcome so- called "opportunistic" sand whenever it becomes available. But we do hope that the deposit of such sand can be done in a manner that protects the public health, safety, and access of our residents and visitors. Sincerely, TOD W. RIDGEWAY Mayor of Newport Beach cc: Honorable Jim Silva, Vice - Chairman of the Board of Supervisors ,Members of the Newport Beach City Council About the Project Removal of 400M cubic yards of material from the Santa Ana River (from mouth of SAR to about 3.5 miles upstream near Adams) . Plans and Specifications directed that material would be placed: • In the West Newport groinfield, between 320° and S6tl Streets (sandy material). • On least tern island in Newport Slough (coarser material) . Contract allowed bidders to propose one of two alternative transport methods: Pumping material Into the nearshore zone Hauling material (by truck, scraper, dozer, or conveyor) along the beach from SAR to groinfield. OW Construction was low bidder, chose the beach haul method. r Timeline: • Project started upstream August 4"' and is underway now. • Major sand transport begins September 8. • Project end date set as December 16TM, 2004. 4Why do the Project? • Flood Control. Excavation to design depth of Lower SAR reach is mandated under Santa Ana River Mainstem Flood Control Project. • Beach Replenishment. Excess sediment/sand placed in the nearshore zone or on the beach helps maintain beach widths in West Newport. iq C Why Pick on West Newport? Offshore bathymetry and shoreline orientation affect how waves approach the shoreline and cause erosion. • West Newport is one of the few sections of Orange County coastline that has a net annual loss of beach — about 0.5 feet per year. Has beach nourishment happened before? . Yes — in: . 1968 -69 (900,000 cubic yards) 1973 (358,000 cubic yards) 1992 (1.3 million cubic yards deposited in nearshore zone by dredge) ® 1997 (140,000 cubic yards hauled from beach east of River in west Newport and placed in groin field) Q Example of Sand Placement From a Past Project F Environmental Review .. In compliance with the. National Environmental Policy Act (NEPA) and the Cal ifomia Environmental Quality Act (CEQA) the Army Corps of Engineers evaluated overall environmental impacts associated with several phases of work on the Lower Santa Ana River in a 1986 EIS which was also adopted by the County of Orange as an EIR. Supplemental Environmental Assessments (EAs) for this pending phase of the work were prepared in: • Mardi 2001; and • April 2003 SEA directs that beaches should be no more than 350'inwidth, but contract that was let allows for longer beach widths. 1988 EIR and the Supplemental'EAS available at the Corps at 213 -452- 3863 El 4 LP roject Constra ints . Sand Removal work = 7:00 a.m. to 6:00 p.m. Monday through Friday. . Saturday work only in riverbed and to stockpile. . No Sunday work. Sand work starts September 8, end date is December 16, 2004. . Public access to all beach areas, but through controlled points. . Temporary construction pathway behind safety fencing from SAR to grainfield. Groinfield Fill Order . If beach -fill is the method used, the contract directs that the WN groinfield be filled in the following order: 48th to 52nd Street, then • 44th to 48th Street, then • 40th to 44th Street, then • 36th to 40th Street, then 52nd to 56th Street, then 32nd to 36th Street. . What are the Beachfill Limits and What Areas Could be Impacted . by Heavy Equipment? .. ......... -Heavy equipment in the River dredging and stockpiling sand -Heavy equipment restoring habitat on J: Least Tern Island in Newport Slough 7 -Heavy equipment transporting sand along the beachfront from the River to the beachfill area. Beachfill Limits 32-d St. to 56th St. 4,Concerns we've heard The material's mix (sand and sediment) isn't good enough — it will harm water quality and stay present too long. The material will be darker than existing sand. SEA's 350' beach width limit versus limits allowed within the let contract. Beaches are not receding — reports show 4' increase per year, not 0.5' net loss per year as City says. 11 Concerns we've heard • Disposal method bid (trucking) was cheapest method yet it is the most beach - and resident - impacting. • Jetties will be entirely filled, impacting: • Beachgoeraccess; • Public safety if drop -off is too steep; • Marine life in and around jetties; • Surf breaks. • People were not adequately noticed about the Project. Concerns we've heard . Public access will be too limited. . Noise, dust, and pollutants will be more extensive in the area if trucks are used. 7 0 0 Staff Recommendations . Look into hiring a consultant to protect City and resident interests as the project moves forward. . Seek assurances /protections within the City's Encroachment Permit process. 4L,Staff Recommendations . Direct that the Mayor write a letter to the Corps and to the Board of Supervisors stating the City's belief that: . Sand, replenishment is necessary. Near -shore (Dredge method) disposal is best • All work must be done in accordance with ex sting EIS and EAs. • All alternatives to trucked - disposal be examined, including: • Limiting scope of work to dredge method; • Deposition immediately at SAR Mouth; • Disposal at Huntington State Beach and Newport side of SAR mouth until storm season to allow for nature to take the material offshore. 0 For More Information • Ken Morris (US ACE) . 213 -452 -4006 or kmorris0sn1.usace.army.mi1 . Website = www.spl.usace.army.mil • Lance Natsuhara or Doug Murphy (County of Orange) . 714 -834 -2651 • Bill Patapoff (City of Newport Beach) . 949- 644 -3311 or bpatapoff @city.newport- beach.ca.us • Tom Rossmiller (City of Newport Beach) . 949 -644 -3034 or trossmiller @city.newport- beach.ca.us . Website = www.aty.newport- beach.ca.us . MAY 30TH, 2002 CONSTRUCTION AWARENESS MEETING FOR LOWER SANTA ANA RIVER SAND REMOVAL RESPONSE SUMMARY TO PUBLIC QUESTIONS 28 AUGUST 2002 NOTE: See items 26 and 27 on page 6 for updates on Salt Marsh investigations and the status of the Lower Santa Ana River Sand Removal Project, which has been postponed. On May 30th, 2002, the Los Angeles District, U.S. Army Corps of Engineers (Corps), and the Orange County Public Facilities and Resources Department (County) hosted a public construction awareness meeting to inform people living dose to the Santa Ana River between the ocean and just north of Adams Avenue about proposed sand removal operations in the river and sand deposition on West Newport Beach. Approximately 25 people attended the meeting that took place at the Newport Beach City Hail. Following project information presented by Corps and County representatives, the public was invited to ask questions and comment on what they had heard. This summary includes these public comments and questions and Corps or County responses. 1. We would like contact information for Corps and County representatives. U.S. Army Corps of Engineers— Girish Desai, Project Manager (213) 452 -4005 Orange County Public Facilities and Resources Department—Ahmad Olom4 Santa Ana River Project Office (714) 834 -2968 2. You said that you are removing material from the river to return the river to its design invert (depth). What is the design invert and what is the current invert? The design invert is measured from mean sea level (MSL). . LOCATION DESIGN INVERT EXISTING ELEVATION At Pacific Ocean At PCH Bridge Hamilton/Victoria -7 ft MSL -6.2 ft MSL Oft MSL +4 ft MSL +l ft MSL +0.5 ft MSL Adams Street +6.0 ft MSL +6.5 ft MSL 0 0 MAY 3C, 2002 CONSTRUCTION AWARENESS MEETING, LOWER SANTA ANA RIVER SAND REMOVAL RESPONSE SUMMARY OF 28 AUGUST 2002 3. The Orange County Sanitation District (OCSD) needs to see drawings to show how the contractor will protect OCSD pipes and the plans for access by construction vehicles near the plant. The Corps will contact the OCSD to discuss these issues. 4. How is it possible to deposit so much sand in such a short period of time? It took the same amount of time to move much less sand the last time it was removed. The contractor will use 20 to 25 trucks, each of which carries 15 to 20 cubic yards of material. The contractor last time used only 4 or 5 trucks. 5. We would like a map of the area, including names of islands and channels. If possible, you should post it on the Corps' website. Currently (August 2002) the Salt Marsh area is being surveyed. The Corps has not named any channels. The only name associated with any Salt Marsh feature is the Least Tern Island. 6. I am concerned about flood insurance issues. I assume that my property was removed from the Federal Emergency Management Agency (FEMA) flood map because of improvements completed on the Santa Ana River that provide 100 - year flood protection. With the river in its current state (before the sand is removed), I am concerned that my property is now at risk to sustain flood damage, and I no longer have insurance. What recourse would we have if we were flooded before the removal work is done? Removal from the FEMA flood map only means you are not required to have flood insurance. Whether you have it or not is now a matter between you and your lender. If you want to purchase flood insurance, you can probably get it for a very low rate, since it is not required by FEMA. It is unlikely that there will be enough rain between now and completion of sand removal to create flooding. Upstream improvements, including construction of Seven Oaks Dam, have also reduced your flood risk 7. How often is this sand removal scheduled to take place? Approximately every 18 years. Maintenance sand removal is a function of sediment buildup above the design invert and the natural removal of sediment by storm flow events. 2 May 30"', 2002 CONSTRUCTION AWARENESS MEETING, LOWER SANTA ANA RIVER SAND REMOVAL RESPONSE SUMMARY OF 28 AUOUST 2002 & If sand in the channel got this bad in 10 years, it will be impossible in I8 years. The river filled up much faster than is normal because of upstream construction over the last 10 years. In addition, 18 years is only a guideline. Ifthe channel needs clearing before that we'll do it. 9. Do you have a quality standard for sand deposited on the beach? Yes. We sampled the sand in the channel and found that it is compatible with the current beach sand 10. Are there mitigation measures included in the current maintenance contract? No, not in the plans and specifications. 11. What agencies other than the Corps are involved in the decision to raise the height of Least Tern Island? The US Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG). 12. Raising the height of Least Tern Island by 4 feet will change the whole nature of the landscape. Least Tern Island will be raised approximately 2 to 4 feet at the request of the USFWS to create better habitat conditions for the endangered California least tern. Creation of tern habitat was the original purpose of the island. The increase in suitable material will improve the nature of the landscape with respect to its purpose and is not expected to significantly impact the overall function or views of the marsh. 13. Will there be other public meetings during the construction activities? Yes. The City offewport Beach has requested a meeting with residents before hauling and deposition of sand begins. (See item 27 for a project update.) MAY 3e, 2002 CoNSTROCTION AwARENEss MEEnNG, LOWER SANTA ANA RIPER SAND RErovAL RESPONSE SWAaARY of 2$ AucwsT 2002 Most of the people attending the meeting were residents of the Newport Shores area of Newport Beach. They expressed numerous concerns regarding the condition of the canal on which their homes are built. Corps and County representatives at the meeting were unable to address these concerns, since the canal is not part of the current project. However, they stated that they would attempt to answer the questions and comments after consultation with other people at the Corps and County offices. Following are the public comments and questions and Corps and County responses. Those of us who live in Newport Shores are very concerned because the canal running in front of our homes has become sand filled and stagnant. Instead of several feet of free - flowing water, there are now islands of sand. Hundreds of birds land on the sand islands and leave their droppings. This cannot be good for water quality. During heavy rain events the water comes within 4 inches of our houses. The canal invert has come up at least 2 feet in the last 4 years. Clearly none of this is good for our property or quality of life. We believe that much of the material deposited in our canal has come from upstream construction on the Santa Ana River and should thus be removed as part of river maintenance. We have several questions and comments relating to this problem. 14. We recently signed an agreement that allows the Corps access to certain lands in Newport Shores. Our understanding was that the agreement included a commitment by the Corps to dredge our canal. We were assured by Joy Eaton, a Washington, DC, attorney for the Corps, that this would happen. What is the status of that commitment? Please send a copy of any correspondence you have from the Corps on this subject to Girish Desai, U.S. Army Corps of Engineers, Programs and Project Management Division, P.O. Box 532 711, Los Angeles, CA 90053 -2325. The Washington, DC, attorney, Joy Ryan, does not recall committing the Corps to dredging the Salt Marsh area. 15. Who is responsible for maintaining flow in our canal? Maintenance of flow into the Salt Marsh's channels is the responsibility of the County of Orange, which is responsible for the functionality ofthe tide gates. The Corps of Engineers is currently responsible for maintaining the ecological integrity of the restored, Corps -owned portion of the Santa Ana River Salt Marsh. However, the maintenance plan has not been finalized and specific criteria for determining or re- establishing ecological integrity have not been developed. The final plan may or may not include maintenance ofpermanent flow through portions or all of the main "canal " within the restored marsh. 16. Is dredging Newport Shores canal part of the current maintenance project? No. 17. Is dredging Newport Shores canal part of the Santa Ana River Mainstem Project? No. 0 • May 30N, 2002 CONSTRUCTION AWARENESS MEETING, LOWER SANTA ANA RIVER SANG REMOVAL RESPONSE SUMMARY OF 25 AUGUST 2002 18. Is it possible to revise the maintenance manual for the Santa Ana River to include periodic dredging in our canal? The Corps is coordinating the maintenance requirements for the Salt Marsh with the appropriate environmental agencies and the County of Orange. Revision of the current maintenance manual for the Santa Ana River will require careful consideration of the requirements for the maintenance of the river channel and the requirements for the Salt Marsh channels. The requirements for both would need to coincide in order for a revision in the current river channel maintenance manual to be made. 19. Whom do we need to contact.to get the canal dredged? Currently, the Corps of Engineers is responsible for management of the Salt Marsh and its main channels until the operation and maintenance responsibilities are turned over to the USFWS. (See item 26 for an update regarding the Salt Marsh) 20. How many feet from the gate does the County's responsibility extend? The County is responsible only far the gate. 21. Is there a maintenance manual for the Corps' side of the levee? The maintenance manual far the Salt Marsh is currently being coordinated by the Corps, VSFWS, National Marine Fisheries Service (NMFS), CDFG, and County of Orange. Maintenance of the levee, tide gates, and main river channel are the responsibility of the County. 22. Is it possible that the problem in the canal is caused by gate and/or levee design flaws? Will the Corps look into that? The "problem" is sedimentation, and sedimentation occurs where there is flow of sediment -laden waters. The tide gates are working as they were designed, which is to convey the tide to and from the Salt Marsh. It is the Corps' opinion that the tide gates and levees are functionally sound. 23. You should redesign the gates so that only water can flow into the canal. It is neither realistic nor economically feasible to install and maintain a filter system to remove sediment from the tidal flow. 24. Is the marsh maintenance plan complete? Currently, there is a draft marsh maintenance plan that is being coordinated with USFWS, NMFS, CDFG, and the County of Orange. 25. During El Nino, Prado Reservoir filled with runoff from the surrounding farms and dairies. Releases caused severe odor problems and affected the fish population- Will the gates on the Newport Shores canal be closed during future releases or when the river is high? The gates are automatic and should close on their own during those conditions. Some of the problem should be corrected by the proposed river clearing. If there continues lobe a problem, contact: County of Orange, Operations & Maintenance General Number: (714) 567 - 6300. MAY 36", 2002 CONSTRUCTION AWARENESS MEETING, LOWER SANTA ANA RWER SAND REmOvAL RESPONSE SUMMARY OF 28 AUGUST 2002 26. We believe there should be another public meeting solely to address the issues raised here regarding the Newport Shores canal We will hold another public meeting to address the issues of the Salt Marsh channels after several tasks have been completed and the Corps has a specific proposal to present. • A maintenance manual is currently being coordinated among the Corps, appropriate environmental agencies, and the County of Orange. Concurrence among these agencies needs to be reached on the most efficient way to manage the Salt Marsh to provide the most suitable habitat for endangered species and other wildlife. These agencies will also need to decide what type of action is necessary in the immediate future and what type ofmaintenance activities would be required in the long term. • Funding will need to be identified and procured for any maintenance activities to be performed • Compliance with environmental laws and regulations will need to be documented, sediment testing performed, permits obtained and a disposal site identified As ofAugust 2002, the Corps is surveying the Salt Marsh area to determine the amount of material that is in the channels. Also, soil sampling will take place in August 2002 to define the character ofthe shoat material: specifically, ifthis material would be compatible with placement on the beach or in the nearshore or if the material has to be placed upland. Survey information and soil analysis results should be available in late September 2002. This information will be shared with the City of Newport Beach and the County of Orange. The Corps of Engineers point of contact far Salt Marsh issues (exclusive of Real Estate issues) is Lisa Louie of the Los Angeles District Planning Division, (213) 452= 3853. 27. What is the status of the Lower Santa Ana River Sand Removal Project? On August 12, 2002, the Lower Santa Ana River Dredging Project was indefinitely postponed due to redistribution offederal funds. It is anticipated that the earliest the project would commence would be the summer of 2003, and there is no guarantee that the project will proceed at that time. DEPARTMENT OF THE ARMY 9Z9Z6 V3 `eSOW MOO 'ague® Ale] LL 'seaquee43 p sung KI!3 esaW eiso3 t Wd ®® =L '£0 ®Z g®£ jaq®1 *0 '6u11Aan3 Aepsaugl A N b ti J a � W W Qm 0 N N � m re FW a s. z a 1 i $ m —� jJa IS IeiiWiowB F ®�i s ..,�qri; �: SSCNS o 0 ¢ a { rt a rsi 't�= 15 LOS ANGELES DISTRICT, CORPS OF ENGINEERS PROGRAMS AND PROJECT MANAGEMENT DIVISION P.O. BOX 532711 LOS ANGELES, CA 90053 -2325 OFFICIAL BUSINESS FIRST CLASS MAIL US POSTAGE PAID LOS ANGELES CA PERMIT # 4474 P3 I" CL ca W O N O O O M 3 m5$N m I OR A N C gild a 'a a -6 0 i C E p� C S C 6 N ED I� E m 2 ® ID a 3 O Za rn aw- C J d o Ev o co, O C 7• IS) CO N U b Q cm E E 'a c y N y Q m 'c.0 a3 L Cn m O L Ong i E m to L m a m F• LL w I� CA r9 DEPARTMENT OF THE ARMY 9Z9Z6 V3 `eSOW MOO 'ague® Ale] LL 'seaquee43 p sung KI!3 esaW eiso3 t Wd ®® =L '£0 ®Z g®£ jaq®1 *0 '6u11Aan3 Aepsaugl A N b ti J a � W W Qm 0 N N � m re FW a s. z a 1 i $ m —� jJa IS IeiiWiowB F ®�i s ..,�qri; �: SSCNS o 0 ¢ a { rt a rsi 't�= 15 LOS ANGELES DISTRICT, CORPS OF ENGINEERS PROGRAMS AND PROJECT MANAGEMENT DIVISION P.O. BOX 532711 LOS ANGELES, CA 90053 -2325 OFFICIAL BUSINESS FIRST CLASS MAIL US POSTAGE PAID LOS ANGELES CA PERMIT # 4474 Piurpose The purpose of this meeting is to update and present the status of current activities related to the dredging activities planned for the Lower Santa Ana .River Channel from the Pacific Ocean to 2,000 feet upstream of Adams Avenue. Together Representatives from the Corps of Engineers and Orange County PFRD will answer questions of those who have an interest in the upcoming project. This is the last phase of construction in the Lower Santa Ana River Mainstem Project. (1.) Remove excess sediment (sand) that has accumulated in the Lower Santa Ana River channel from the Pacific Ocean to 2,000 feet upstream of Adams Avenue (a total length of 19,000 feet. or 3.8. miles). The excavation of about 700,000 cubic yards of sediment will restore the soft channel bottom to its design depth as part of the Santa Ana River Mainstem Flood. Control Project. (2) Piece most of the excavated sand onto West Newport Beach or into its near- shore, offshore disposal area. (3) Place about 25,000 cubic yards of the excavated sand onto the Least Tern Nesting Island to the east of the river just north of Pacific Coast Highway. (4) Complete the project as soon as possible. Due to environmental and recreation conditions: (1) There will be no work in the channel downstream of Station 32 +87 before. September 2003. (2) The contractor will not have access to West Newport Beach before September. 9 2003. The City of Newport Beach will Issue a permit specifying the conditions for public safety procedures and hauling operations in the beach area. (3) There may be further restrictions to work in the channel between Stations 150 +32 and 194 +00 (from 2,000 ft. upstream of Adams Ave, to 2,000 -ft. downstream of Adams Ave.) To be scheduled. Representatives of the Corps, OCPFRD, and contractor will discuss such topic . as the dredging, sand placement, work schedule potential work impacts, and public safety at this meeting, prior to construction activities. They invite your questions and comments 21 e U.S. Army Corps of Engineers. Ken Morris, Project Manager, (213) 452 -4006. Orange County Public Facilities and Resources Department. Lance Natsuhara, Santa Ana River Project Office, (714) 834- 5398 or Tim Nguyen (714) 834 -2651. 0 T T n r rvvr O ooAO N m N. p U ox�0 in 03M � rwNr m N J Z N -1 O D vN O0 a m0 rn w N a� D H i The purpose of the July 28 meeting is to update and present the status of current activities related to the dredging activities planned for Reaches 1 and 2, Lower Santa Ana River Mainstem Channel (from the Pacific Ocean to 2,000 feet upstream of Adams Avenue). Representatives from the Corps of Engineers and Orange County RDMD will answer questions of those who have an interest in the upcoming project. (1) Remove excess sediment (sand) that has accumulated in the Lower Santa Ana River channel from the Pacific Ocean to 2,000 feet upstream of Adams Avenue (a total length of 19,000 feet, or 3.6 miles). The excavation of about 400,000 cubic yards of sediment will restore the soft channel bottom to its design depth as part of the Santa Ana River Mainstem Flood Control Project. (2) Place most of the excavated sand onto West Newport Beach or into its near- shore, offshore disposal area. (3) Place about 25,000 cubic yards of the excavated sand onto the Least Tern Nesting Island to the east of the river just north of Pacific Coast Highway. (4) Remove all vegetation from the channel. (5) Complete the work by December 2004. The Corps has awarded a contract to CJW Construction of Santa Ana for work in Reach 1 (from the Pacific Ocean to Station 150 +32) and Reach 2 (from Station 150 +32 to Station 194 +00). Work will begin soon. (1) There can be no work on the beaches or in Reach 1 from the Pacific Ocean to Station 34 +00 prior to September 8. (2) There can be no work in Reach 2rprior to August 15. (3) There will be no work on Sundays. To assure public safety, the contractor must close the Costa Mesa Bicycle Path during the project. The Santa Ana River Trail and Bikeway; however, will remain open during the project. The contractor must also construct a haul road corridor from the river to the West Newport Beach groin field. He will establish pe- destrian crossing points across the haul route to allow access to the ocean. In addition to the July 28 construction awareness meeting held by the Corps and the OCRDMD, the City of Newport Beach and CJW Construction will hold a construction awareness meeting in mid to late August to discuss the beach nourishment work and beach con- struction activities. U.S. Army Corps of Engineers. Ken Moms, Project Manager, (213) 452 -4006. Orange County Resources and Development Management De- partment. Lance Natsuhara, Santa Ana River Project Office, (714) 834 -5398; or Don Murphy, (714) 834 -2651. If you cannot attend the July 28 construction awareness meeting but would like to receive a copy of the meeting summary, contact Ken Morris at the telephone number above or send an e-mail to him: <kmorris @spl. usace.army.m it >. 11 i �xs, "h'e.�sti�.,�b EW +� °� ��ti�r3. ixt ��ti _ ' `K . L �.' Project Constraints • Sand Removal work = 7 :00 a.m. to 6 :30 p.m. Monday through Friday. • Saturday work only in riverbed and to stockpile. • No Sunday work. • Sand work starts September 8, end date is December 16, 2004. • Public access to all beach areas, but through controlled points. • Temporary construction pathway behind safety fencing from SAR to groinfield. Cyr ®infield Fill Order ® If beach -fill is the method used, the contract directs that the WN groinfield be filled in the following order: - 48th to 52nd Street, then - 44th to 48th Street, then - 40th to 44th Street, then - 36th to 40th Street, then - 52nd to 56th Street, then - 32nd to 36th Street. vp:,I What are the Beachfill Limits? 2o. W"IR-11 �TORArE AREA _j 11cri TS w55 ® Flood Control. An OCFC® -Corps Agreement to excavate to Lower SAR design depth as a part of Santa Ana River Mainstem Flood Control Project. - FEMA floodplain /insurance maps assume that this Project is complete. Beach Replenishment. Excess sediment /sand placed in the nearshore zone or on the beach helps maintain beach width in West Newport. • SAR is only delivering 1/3 of its traditional sand to the beach due to development and urbanization. - Sources: • Brownlee and Taylor 1981 • Willis and Griggs 2003 Mow Natural Sediment Transpo Works Figuro 2. Schematic of lho principal componeute that commonly am involved in the formulation of a budget of sediments. C BUDGET OF SEDIMENTS eroding i J sea cliffs longshore sand transport aeolian transpert cross - shore loss to exchange with canyon , continental shelf r c credits: %m �o debits: Figuro 2. Schematic of lho principal componeute that commonly am involved in the formulation of a budget of sediments. C III 111illiq 11111liq 11111,11 • Started in 1964 • We're nearing Stage 12 • Stage 11 cost about $10 million - Split 67% (Feds) and 33% (Locals) - City paid about $300,000 2 years ago. • Surfside- Sunset included: - 3 Projects where sediment removed from SAR - Most recent beach haul was '97 (140,000 cubic yards) taken from beach West of SAR and placed in groinfield. • Surfside- Sunset led to Monitoring and Study (Coast of CA) to see if this was doing any good. Delmont Plot Slash .n Seal Be®dh Plor a OMN sort ►17 0.1, Pedro m %a% t 'Soul pmol _ ki t➢ 0o�,ph tie °et r g ®t� peril° tpt� �� 6ast ��eµn Seol poach Nevvl Woupono $tOon Harbour Hunflnatan Boach Plot IG7le M1l914 OcetW Alesn New Ort Baa>Fh PiVr �staoa Nler l corona I Figure (L Project Map, Sara Pedro Ultoral Cell. (From USA/CESPL Handout, 29 August 1993) ! nIS ?41fi71illiliiLi!Y,- w�,:�ln! BEACH NOURISHMENT & CONSTRUCTION :ACTIVITIES SUR_FSIDE- SUNSET BEACH TO NEWPORT BEACH, CALIFORNIA Table 2 Beauh Nourishment & Construodon Actividels, Siarfelde Sunset Beach to Newport Seacis, Calitom)a (From USA/CSSPL, Handout, 29 Augusif 1993) Amount Bench Neplini ahmenl conahuotion. -. Year (cable yards) Some Ofsposel Aran. She Typo of Constractfon 1933 3,700,000 newport Harbor Newport Beach 1935. 1,900,000 Newport Harbor Newport Beach 1445 202,000 Novel Weapons Stn 3urWrfe Bunch •not nin atrc C4l::e+'hw rkor 1947 1,220,000 Novel Weapons Stn 9udslde Bench "Fiat ran atniratnn %a.r:r tw.r 1958 874,000 Naval'Wiloppat Sin Stufaldo Beach 7 Singe 1 1964 4,000,000 Navel Weapons Sin Sattoldo Bench +Can at ns #fun% I:v::n.; ;. nenrnc stairs 1 1994 1115,000•" Nnvel Weapons Stn "`'�1t9 Lr*ic 4lan' j�.n a na 1965 124,000 Newport(Bolbool 'Newpoll(35- 4751x) 1956 60,000 flawport(Delbas) Nowport(3641 Sla) . 1907 150.000 Newpnrt(nalban) Newpott(36-47 SIS) Singe 2 1960 484,000 Nowporl(nalbon) flowport(96 -4-07 $1a) Newport Beach Steel atof ll(40,44,46 Sts) Singe 2 1961 284,000 Nersport(Sanle Arm) nawport(4040 Big) Singe 3 1969 700,000 Santo Ana Blvar Newportj40 -40 Sts) Newport Basch Rock 0ry na(3e,49A2,60 Stu) 3100 41 1970 124,000 Santa Ana nlrer N6wport[51.30 Six) Sings 4o 1911 2r26U,000 Nai Weapons Sin Surfaido Bench S Inge 4b Ik 9 1970 358,000 Banta Ana nlvar Newport(29 -10 81;) Newport Beach Bock Orolns(40,40,2[1;32 Sts) Singe 5 Deferred Santa Ana Filter Offshore Breakwater stage 7 1979 4,644,000 ONehorO Barrow Surlaldo Beach S10go0 1903 250,0aa ltaval Weapons. Shr teftd;Besed Dikes. Mnh,l[.nnrme aredg Sn9 1093 250,000 flays] Weapons eta Seat Beach Mslntennnce :U edging 199) 600,000 Nmml Wanpans Sin Surfalde Result Mainten+nce dro,igi43 1964 1,500,000 Ofloliom Borrow Sithefds Squall 1994 980,000 Navel Weapons Stn Suffe]do Beach t•41 n1•1)' Cnnstno_tibn /�•.mt car beau. 1 MQ. 19!1�QQQ 'fOV'n.f. it's Apbin at,, 5arrnld P.' Sancti aAf ntiahfinCa dl'l•(IRiltn s,npa.4 I'go 1,300,Oan offs.hant Sariow Surlado Beach 1900 022,000 Offshore Oonow Sin (aide. Beach kh4x dune . .n 1 car. unnd nn nraa (nrte: Idndlacutluve to Tnea by Hya7 Table 2 Beauh Nourishment & Construodon Actividels, Siarfelde Sunset Beach to Newport Seacis, Calitom)a (From USA/CSSPL, Handout, 29 Augusif 1993) O - o • ® Study officially called "Coast of California Storm and Tidal wave Study." ® Completed in 1990s, peer reviewed until final release in 2001. Expert review by Prof Robert Wiegel, UC Included the concept of a "Sediment Budget" FAIginitt IJR I flu mill4jurp 11kad. Lidwrof cell MA,y IA10-, R .99.1 Afshabn id, P., MA IQN j= IM4, ...... . ... IV ill uUmPAP-11 10 ............. %aboomcm i I -MM MMI4.11,knifflil"IMW I1 a; f.&m!njfimm AMA iEG lap IflodAr-Ir-urn, N ............. ch;ft . 140 .1 . F.U.0PAPO"m it b"WPWA ... 11 ® Clancy Beach Widths. In 1990s, Clancy measured beach width up and down the coast annually — in most locations, the beach grew. In WN, the beach retreated by 1/2 foot per year during a 5 -year period of NO NOURISHMENT. ® As noted, Coast of CA Study included the concept of a Sediment Budget. Sediment Budget said: - 15,000 cubic yard net loss of sand in WN assuming NO NOURISHMENT. ® If you look at the average increase across data points from 1960s to 1990s, INCLUDING NOURISHMENT, beaches grew an average of 4.1' per year. MINIMUM 1111180111 ";Ifiel I OPA kpl.", fill of OFIMMUT11 ,I I. Figom. Ith If-todgm 14'.1%miRg4uni Wad. LbitrAmroll, (301 M . Ay 1913-May, 19P.5 C.Iff Mile" P.aftW Am, ROw v rsl -,pit P414"", Im ri�jwvwtnl IT I[M. mmirtm 14 1mr!IrnRU jiw fip,as Ov! Pq "; rmi Pit! ✓M—i M-tio; im, Ila AruffAWfou tum-b WAM 2fav-swo ] 0 'it V �.attktttum .I .. ........ WT401.tm In Am fFom:NVuvrp1wf N MIA NOW17M - - J*aqttw,i fat ii ... ..... .. . 11 m 700 m 500 v 400 u�{{ o� 300 m 100 04-- 1960 Figure 36: MSL Beach Width, 1963 -1997' West Newt ort Beach X6.39 +35 -IM B46 +33 Z4--657+31 - X678+96 - X697+47 --0- 713 +45 - r- 741 +3T "*=A.VE 1965 1970 1975 1980 Date! 1985 t990 1995 2DD0 IV -An '1 i ...... t w'3.1 v i z" 1 L *.The material's mix (sand and sediment) good enough — it will harm water quality present too long. - Hepatitis A, H IV present isn't and stay • The material will be darker than existing sand. • Corps issued an EIS and Supplemental EAs that showed a 350' beach width limit versus limits allowed within the let contract. • Beaches are not receding — reports show 4' increase per year, not 0.5' net loss per year as City says. • Disposal method bid (trucking) was cheapest method yet it is the most beach -and resident - impacting. • Jetties will be entirely filled, impacting: - Beachgoer access (longer to walk to water); - Public safety, if drop -off is too steep; - Marine life in and around jetties; - Surf breaks. • People were not adequately noticed about the Project. Met • Public access to the water during construction will be too limited. • Noise, dust, and pollutants will be more extensive in the area if trucks are used. - Silicosis s Look into hiring a consultant to protect City and resident interests as the project moves forward. ® Seek assurances /protections within the City's Encroachment Permit process. i • • Direct that the Mayor write a letter to the Corps and to the Board of Supervisors stating the City's belief that: - Sand replenishment is necessary. - Near -shore (dredge method) disposal is the City's recommended choice. - Work should be done in accordance with existing EIS and EAs. - All alternatives to trucked- disposal should be examined, including: • Limiting scope of work to dredge method; • Deposition immediately at SAR Mouth; • Disposal at Huntington State Beach and Newport side of SAR mouth until storm season to allow for nature to take the material offshore. 0 11 u August 25, 2004 Mr. Kenneth Morris US Army Corps of Engineers, Los Angeles District 915 Wilshire Blvd. Suite 980 Los Angeles, CA 90017 RE: Lower SAR Project Dear Mr. Morris 4 _ Thank you again for your attendance at the Construction Awareness Meeting held August 18, 2004, and for the Corps' willingness to work with the City and its residents to maximize the benefits of the Lower Santa Ana River (Reach 1) Project following comments at that meeting. To continue that constructive dialogue, then, this letter expresses the City's concerns and comments about the Project: 1. We are concerned that the Project has changed somewhat from the Project that was initially proposed and reviewed via the NEPA process. Specifically, we believe that any fill of the groinfields past 350' of beach width may not comply with recent environmental assessment work done that specifically limited groinfield fill to 350' of beach width. .7 1 , 2. We believe that nearshore disposal is the least environmentally impactful method of disposing of material near the beach. While we recognize that respondents to your bid documents were provided the option to either dredge or truck the material, we require you and the contractor to eliminate from your disposal plans the movement of any material by non - dredging methods. In light of funding constraints, we will be happy to work with you and to advocate before other impacted agencies to explore logistic and funding options other than trucked disposal, including: Dredging as much material as possible; Depositing as much material as possible of the mouth of the SAR or adjacent to the mouth, whereby it could be pushed into the nearshore zone in advance of storm events; Other methods as your engineers may determine feasible that eliminate trucking on the beach. In closing, let me assert the City's belief that sand replenishment is a necessary part of maintaining our beaches and that we welcome so- called "opportunistic" sand whenever it becomes available. But we do hope that the deposit of such sand can be done in a manner that protects the public health, safety, and access of our residents and visitors. Sincerely, TOD W. RIDGEWAY Mayor of Newport Beach cc: Honorable Jim Silva, Vice-Chairman of the Board of Supervisors Christopher Cox, Congressman Members of the Newport Beach City Council • • Page 1 of 1 "RECE f'y ! AFTER AGEN© PRI��� M" S -� cq James Brooks From: James Brooks Sent: Monday, August 23, 2004 11:17 AM To: ' tridgeway @city.newport- beach.ca.us' Subject: Beach Nourishment Power Point Presenation We at Stop Dumping have reviewed a City prepared Power Point presentation that may be given to the City Council (http: /Mww.city.newport- beach. ca. us/ SAR _projecttG4- 08- 10 %20SAR %20Project files/frame.htm). We feel that there are several pages wherein erroneous statements are made. Please consider the attached selected pages while this presentation is being made. Thank you. Jim Brooks Stop Dumping Personal Cell Phone: 714- 313 -3343 btV.//WpdumRbg.biggspot.com 8/23/2004 o a N W i r -a 8/23/2004 SAR Dredging Project A Project of the US Army Corps of Engineers Presentation by the City of Newport Beach August 2004 The Stop Dumping effort has reviewed this city prepared Power Point presentation and offers its comments as designated below. Only those pages commented upon are included. For further commentaIL see http: / /stopdumping_holgspot.com Certain pages have comments designated by this font type and underlined. • 0 ,L Why do-. it ?. • Flood Control. Excavation will bring the soft channel bottom to its design depth to meet obligations of the Santa Ana River Mainstem Flood Control Project. • Beach Nourishment. Excess sediment/sand placed in the groinfield will ensure that the width of the beach remains as constant as possible. We do not object to dredging to prevent river flooding. As to beach nourishment, "remains constant" is not an accurate description because the instantaneous addition of about 250ft more width is not "remains constant." Further, the West Newport Beach beaches have grown between 100ft and 300ft over the past 30 years *. According to US Army Corps of Engineers report, whether the sediment is dumped off shore will provide the same nourishment effect as on shore *. * See US Army Corps of Engineers report entitled "Coast of California, Storm and Tidal Waves Study, South Coast Region, Orange California, August 2002, (specifically Chapter 4). .I E Why Pick on West Newport? • Offshore bathymetry and shoreline orientation affect how waves approach the shoreline and cause erosion. • West Newport is one of the few sections of Orange County coastline that has a net annual loss of beach - about 0.5 feet per year. Offshore bathometry and shoreline orientation not only causes beach erosion but it also causes beach growth. The US Army Corps of Engineer's report does not cite this figure of 0.5ft loss per year. This figure is erroneously derived from isolated selected information within the US Army Corps of Engineer report. To calculate 0.5ft erosion from the very broad variance of data within that report is not credible. To illustrate, according to US. Army Corps of Engineers report, the Santa Ana River discharged 2,900,000 cubic yards of sediment in 1969 and 172,000 cubic yards of sediment in 1995 (both periods of heavy rain inland). The 0.5ft erosion fissure is based on an average beach discharge of only 33,000 cubic yards. The average of just 1969 and 1995 alone spread over 35 years assuming no other river output is 87,800 cubic yards per year more than five times enough to cover the OSft calculation. West Newport Beach beaches are not eroding 0.5 feet per year. The actual figure according to the US Army Corps of Engineers is growth between 2ft4ft per year i • Has this happened before? ■ Yes in: 1968 -69 (900,000 cubic yards) ■ 1973 (358,000 cubic yards) ■ 1992 (1.3 million cubic yards deposited in nearshore zone by dredge) . 1997 (140,00&cubic yards hauled from beach east of River in West Newport and placed in groin field) This is not a fair comparison. The 1968,1969, and 1973 sediment(sand placements where completed along with the groin construction to actually replenish pre -groin and prior to groin construction. Therefore, there was good basis for direct on beach placement. Ever since, the groins have done a great job of building the beach. The 1992 placement was off shore, which the US Army Corps of Engineers indicates nourished the beaches. The 1997 placement was on shore and is one of the major bases for the current beach user objection — filthy sediment which blows fine dirt into the air landing on homes, cars, streets, and in lungs of breathers. This dust continues until this date. • i Environmental Review ■ in compliance with the National Environmental Policy Act NEPA) and the California Environmental Ouaiity Act (CEQA) the Army Corps of Engineers evaluated overaiff environmental impacts associated with several phases of work on the Lower Santa Ana River in a 1988 EIS which was also adopted by the County of Orange as an EIR. • Supplemental Environmental Assessments (EAs) for this pending phase of the work were prepared in: • March 2001; and • April 2003 • All environmental documents were distributed for comment and finalized based on comments received. The 1988 EIR/SEIS was flawed in that while considering four alternatives for dumping the sediment, it did not thoroughly consider some major environmental threats to those using or living near the beach disposal areas. For example, the 1988 EIR found that there were no public safety concerns. But there are. A doubling of the beach width will cause shore break which is dangerous to beach play and surfing. In addition, such extension will cause periodic water front drops of as much as five feet that could cause injury while coming near to such drops.. For example, two children lost their lives in the past on these same beaches when they attempted to tunnel into the sheer drop embankment formed along the beach. It collapsed and suffocated them. The 1988 EIR did not consider dust pollution that would occur that could threaten health to a long term breather of such dust. The 1988 EIR did not consider recreational impacts such as loss of surfing, jetty fishing, and sea life watching along the rock jetties. The Supplemental Environmental report was shy these same issues but more importantly had a scope for the on shore dumping alternative wherein the width of the beaches would not be increased pass 350ft in 9 0 total. Most current beaches in this area have a current beach width of 350ft. Thus, when the assessment was done on this scope, many of the issues relative to public safety, recreation impacts, and health issues were less obvious. Finally, the US Army Corps of Engineers contract does not conform to the 1988 EIR12001 Supplemental Environmental Assessment in that it contracted for widening of beaches to as much as 575ft. Thus, this contract does not have EIR/SEIS /SEA support. 0 0 Q&A ■ Won't the material harm water quality? m It may do so temporarily. Bacteria in the river bed sediment (generated from bird waste, etc.) can be kicked up into the water column. OC Health Care Agency will test, as will OCSD. ■ Won't the material be darker than the existing beach sand? • Some will, some won't. When this has been done in the past, the darker material bleaches out over days, weeks, and months. The only on shore dumping done in the recent ass was in 1997. Although the color may have mixed in, the sift and dirt is still there being raised by casual walking across the beach, equipment moving along the beach, and regular breezes that occur daily. This dust is in our lungs our homes, and covers our cars. Health problems associated with such regular, unnatural dust particulates in the airlas not been assessed. Q &A ■ Why can't the contractor be forced to use dredgers instead of trucks and scrapers? The US ACE contract allows for either. Cost will sometimes drive the decision to use on -beach or near- shore disposal — so will logistics. ■ Should the City have been more assertive in attempting to get the Corps to only use .dredgers? Maybe. But the contract has been awarded. And there are still examples where beach transport is better (where dredgers cant manuever into the area nor get enough sand in suspension to make it work). In 1.992, 1,200,000 cubic yards of SAR sediment were placed off shore by hydraulic dredge, It is technically possible. That a contract is already let is no basis for not correcting a wrong. Q &A Why does the City appear to be supporting this project? • We are supportive of it. With additional development inland limiting sediment .transport to the ocean, the beads in West Newport need replenishment on a periodic basis – or they would recede to dangerous widths. • We don't know today if the Federal government or the Corps of Engineers will ever do another project like this -- Congress has threatened to make all sand replenishment projects a local responsibility. The City has no budget for this scale of a replenishment project. • The project has happened before with little if any long -term impact beyond a healthy, wide beach. The City's support of this dumping on shore seems wrong_ • The project does not have complete EIR/SEIS /SEA supporting the project as contracted — public safety, loss of recreation, and health issues are significant and remain unaddressed; • The current contract is not in compliance with the EIR/SEIS /SEA wherein the scope was stated that no beach width would increase pass 350 ft in total width wherein the specifications call for some widths as much as 575ft; • Formal notice of those impacted by the dumping on Newport Beach beaches did not occur or was inadequate as demonstrated by the over 100 newly informed beach users attendance at the first information meeting to be held in Newport Beach, a year after the contract was let; • There are significant financial impacts to landlords of rental properties, merchants, food services and other beach - related businesses that will direcdy impact the financial health of these groups and Newport Beach's tax revenues; The significant impact of all of the above could damage Newport Beach's image of a safe family and surfing beach, co- existing, that is a model and draw for all others to see; • Tourism will be damaged as well. • August 23, 2004 RE: Beach dumping TO: City Council Members & Mr. Ridgeway • Say RECEIVED roa AUG 23 PI2 :40 We live at 4404 Seashore and are very upset that we weren't notiftFArE OF 1 HE CITY CLERA of the contract that was awarded to dredge 400,000 yards of matA ir, OF ::WPORT BEACH from the Santa Ana River and dump it on our beautiful beach. I don't care what they said at the meeting on the 191h, every person with children knows the Health Department suggests that you not let anyone swim in the water at the end of the river since it carrys contaminates from all over Orange County which settle in the sand and wash into the ocean. Also, my grandchildren like to body surf and the waves infront of our house are perfect. Please don't destroy are beach. Amend the contract to dump the river bottom sediment out in the ocean. Sincerely, � �, Z Barbara Porter William Porter -(L y- +' J y ? I k -i"\' Yj_ a+' +', f 4t ' N\ \�'I!. : l ill' 1 J L. 1 F, {rl�'F.d �.'c v, J Y-t- I. Hr v t'tY 1 4 "A a4 ✓ l,` , { >� y y: r... '! ..z)t I`'/f -� i `�'`J' J r) t.'� {1.�.�rh try, r Jr l� t!r ) �•k -j,' 439 Canal Street itr It t ,1- r-,1�1F4L ty r' Tr Iti. i�t-5 � ,y 4i�.t ,LJi,lr r. /'t rte +p ti'f'f '"j ..L.ar 7:30 AM on 3/9/04. ' Low tide was at 6:16 AM ,:'I A. .. .. ,: n.' ,: ::ux.;: : ,,.,. x.:.,:z .�- ,.n <.. ,o.v: rt Syr,:. z., ...:: „. •, t':. f��i : -.} r,4' \' uyc Jart +� tit �y, rt �' ._ J.\t.✓R' '°- 'Alt T�7 it 1-111 V-1 �`r � � 1 - it <� Y u.•' • ft 1 Y' Ff ' J f "'. Yr _ � r. -1 1l .. M ' r \ /.. it — rt' .♦ J) �: ) r 1 5 a y / "t t ! Y J I t 1 ` r t i l v ' t a� r Y- t l . L f ,1 •j , -' E 0