HomeMy WebLinkAboutC-3594 - Standard Agreement No. 04-075 (Big Canyon Creek Restoration Project)STATE OF CALIFORNIA
STANDARD AGREEMENT
(Grant - Rev 09/06)
G- 35elq
AGREEMENT NUMBER AM. NO.
04-075 1
TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NO
95-6000751
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THIS AGREEMENT, made and entered into this I / day of y lu V 2007,
in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
Executive Officer I State Coastal Conservancy
, hereafter called the Conservancy, and
UKAN I tt'J NAML
City of Newport Beach hereafter called the Grantee.
The Grantee, for and in consideration of the covenants, conditions, agreements, and stipulations of the Conservancy hereinafter expressed,
does hereby agree as follows:
The State Coastal Conservancy ("the Conservancy") and the City of Newport Beach ("the grantee") agree to
amend their existing Agreement No. 04-075 as follows:
TERM OF AGREEMENT
The term of the agreement is extended to June 30, 2009.
The completion date is extended to January 31, 2009.
All other terms and conditions of the existing agreement shall remain in effect.
The provisions on the following pages constitute a part of this agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
GRANTEE
AGENCY
GRANTEE (Ifo er than an individual, state whether a corporation, partnership, etc.)
State Coastal Conservancy
City of ewport B eich
BY (Authorized Si ture)
BY ( th 'z ignatu )
n
� X
VTITLE
PRINTED N MEA OF P✓✓ERS\ON SIGNING
PRINTED NAME AND TITLE OF PERSON SIGNI
Samuel Schuchat, Executive Officer
Steven Rogangky, Mayor
ADDRESS & PHONE NUMBER
1330 Broadway, 13th Floor
ADDRESS & PHONE NUMBER
3300 Newport Boulevard
Oakland, CA 94612 Phone: (510) 286-1015
Newport Beach, CA 92658-8915
AMOUNT ENCUMBERED BY THIS
PROGRAM/CATEGORY (CODE AND TITLE)
FUND TITLE
DOCUMENT
Capital Outlay
CA Clean Water...
(OPTIONAL USE)
$ -O-
Big Canyon Creek Restoration
PRIOR AMOUNT ENCUMBERED
ITEM '-Reapprop. by Ch. 038/05
CHAPTER
STATUTE
FISCAL YEAR
FOR THIS AGREEMENT
$500,000.00
3760-301-6029(1)*
379
2002
02/03
TOTAL AMOUNT ENCUMBERED
OBJECT OF EXPENDITURE (CODE AND TITLE)
TO DATE
$500,000.00
Resource Enhancement
1 hereby certify upon my own personal knowledge that budgeted funds are
available for the period and purpose of the
expenditure stated above.
SIGNATURE OF A�CCOU�T/IN OFFICER
t
DATE
i r i ` W
,mo107
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❑ GRANTEE ❑ ACCOUNTWG ❑ PROJECT MANAGER ❑ CONTROLLER ❑ STATE AGENCY
I certify that this agreement is
exempt from Department of
General Services approval.
iAN.DARD AGREEMENT -
_zt�tsan
\&YED BY THE
ATTORNEY GENERAL
04 -075
tAxPATERS iiSaAAt FYPI.OfI
is AGREEMENT, made and entered into this 3 r day of `
the State of California. by and baween State of California, through its duly elected or appointed, qualified and acting
E OF OFFa70fi AA-11w rvn a.w.e
Executive Officer State Coastal Conservancy
hereafter called the State, and
City of Newport Beach hereafter called the Contracto
TftMSSrH: Ilm die Contracwr for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter express,
its hereby agree io furnish to the Stile services and materials as follows: (Set forth service to be rerL&red by Contractdr, amowr to be paid Conrractc
TIe for performance or completion, and anach plans and specifications. if any) .
SCOPE OF AGREEMENT
Pursuant to Chapter 6 of Division 21 of the California Public Resources Code, the State
Coastal Conservancy ( "the Conservancy ") hereby grants to the City of Newport Beach
(`the grantee ") a sum not to exceed five hundred thousand dollars ($500,000), subject to
the terms and conditions of this agreement. These funds shall be used by the grantee to
prepare final design and engineering plans, an environmental review document, and
permit applications for the Big Canyon Creek Restoration Project "the project') for the
lower Big Canyon, which drains to Newport Bay and lies within the City of Newport
Beach, as shown on Exhibit A, which is incorporated by reference and attached.
For the project, the City will refine the conceptual plan and prepare final design and
engineering plans, an environmental review document, and permit applications to ready
the project for implementation. 6i
(Continued on following pages)
CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER
The provisions on the rcvcrseside hereof constitute a part of this agreement-
U4 WITNESS WHEREOF; this agreement has been executed by the parties hereto,
the date fast above written.
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I
�T
STATE OF CALIFORNIA 1 CONTRACTOR
{T
J
AGENCY - CONTRACTOR (a a Mrs ..,d-id.uL r+I..MMir • mporvoM1 Pr^'r�V. 1
State'Coastal Conservancy City of N wport a h
BY CAATiitE1 BY (AUTHOR
D
PANTED KASON SIGNING PRWTED AND WIG OF PER 5 WE
1 Schuchat
:�W7
RAE AwAm.3.3uv LVewporc ImuLevard
ae. cutive Officer I . Newport Beach, CA 92658 -8915
$' 500, 000.00
PRIOR AYBtINT ENUMBERED FOR
THIS CONTRACT
TOTAL AMOIMT.ENCUMBERED TO
$500,000.00
tal Ou
Big Canyon Creek Restoration
REM CHAPTER
3760 - 301 - 6029(1) 379
OBJECT OF EXPENDITURE (CODE AND WLE)
Resource Enhancement
I hateby cw* Upon ny own personal Anowkdge ftf budgeted /rods T.SA NO.
ae aYaiabAe AY 87e penod and purpa oI ttre eAyendlaae stated above. I .
Clean Water... II. viie'onty
STATUTE FISCAL YEAR
2002 02/03
� Certify that this gram agreemenU
s exempl from
department of Gem,!' ervices approv.
4ax cwt
DATE 05 -1305
-sT: L If.j1 O I arc tin
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City of Newport Beach
Grant Agreement No. 04 -075
Page 2
SCOPE OF AGREEMENT (Continued)
The grantee shall carry out the project in accordance with this agreement and a work
program to be approved by the Executive Officer of the Conservancy ( "the Executive
Officer ") pursuant to this agreement. The grantee shall provide $80,000 and in -kind
services in the amount of $20,000 and any funds beyond those granted under this
agreement which are needed to complete the project.
CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND
The grantee shall not commence the project and the Conservancy shall not be obligated to
disburse any funds under this agreement unless and until the following conditions
precedent have been met:
1. A resolution has been adopted by the City Council of the grantee authorizing the
execution of this agreement and approving its terms and conditions.
2. The Executive Officer has approved in writing:
a. The work program for the project. See "WORK PROGRAM."
b. All contractors that the grantee intends to employ in connection with the
project.
TERM OF AGREEMENT
This agreement shall be deemed executed and effective when signed by both parties and
received in the office of the Conservancy together with the resolution described in the
"CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND
DISBURSEMENT" section of this agreement. An authorized representative of the
grantee shall sign the first page of the originals of this agreement in ink.
This agreement shall run from its effective date through June 30, 2007 ( "the termination
date ") unless otherwise terminated or amended as provided in this agreement. However,
all work shall be completed by April 30, 2007 ( "the completion date ").
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City of Newport Beach
Grant Agreement No. 04 -075
Page 3
AUTHORIZATION
The signature of the Executive Officer of the Conservancy on this agreement certifies
that at its June 30, 2004 meeting, the Conservancy adopted the resolution included in the
staff recommendation attached as Exhibit B. This agreement is executed pursuant to that
authorization.
City of Newport Beach
Grant Agreement No. 04 -075
Page 4
Standard Provisions
WORK PROGRAM
0
Prior to commencement of the project, the grantee shall submit a detailed work program
to the Executive Officer for review and written approval as to its consistency with the
terms of this agreement. The work program shall include:
The specific tasks to be performed.
A schedule of completion for the project, specifically listing the completion date for
each project component and a final project completion date.
3. A detailed project budget. The project budget shall describe all labor and materials
costs to be incurred to complete each component of the project. For each project
component, the project budget shall list all intended funding sources including the
Conservancy's grant, the grantee's contribution and all other sources of monies,
materials, or labor.
If all or part of the project to be funded under this agreement will be performed by third
parties ( "contractors ") under contract with the grantee, then the grantee shall, prior to
initiating any request for contractor bids, submit the bid package for review and written
approval of the Executive Officer. Upon approval by the Executive Officer, the grantee
shall proceed with the bidding process. Prior to final selection, the grantee shall submit
to the Executive Officer for written approval the names of all contractors that the grantee
intends to hire. The grantee shall then comply with the above paragraph regarding
submission and approval of a work program prior to implementation.
The work program shall have the same effect as if included in the text of this agreement.
However, the work program may be modified without amendment of this agreement
upon the grantee's submission of a modified work program and the Executive Officer's
written approval of it. If this agreement and the work program are inconsistent, the
agreement shall control.
The grantee shall carry out the project in accordance with the approved work.program.
COORDINATION AND MEETINGS
The grantee shall coordinate closely with Conservancy staff and other involved entities,
including local, state and federal agencies, and shall participate in meetings and other
communications as necessary to ensure coordination.
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City of Newport Beach
Grant Agreement No. 04 -075
Page 5
WORKS PRODUCTS
All material, data, information, and written, graphic or other work produced under this
agreement is subject to the unqualified and unconditional right of the Conservancy to use,
reproduce, publish, display, and make derivative use of all such work, or any part of it,
free of charge and in any manner and for any purpose; and to authorize others to do so. If
any of the work is subject to copyright, trademark, service mark or patent, the
Conservancy is granted and shall have a perpetual, royalty -free, nonexclusive and
irrevocable license to use, reproduce, publish, use in the creation of derivative works, and
display and perform the work, or any part of it, and to grant to any third party a
comparable and coextensive sublicense.
The grantee shall include in any contract with a third party for work under this agreement
terms that preserve the rights, interests, and obligations created by this section, and that
identify the Conservancy as a third -party beneficiary of those provisions.
The grantee shall not utilize the work produced under this agreement for any profit -
making venture, or sell or grant rights to a third party for that purpose.
COSTS AND DISBURSEMENTS
Upon determination by the Conservancy that all "CONDITIONS PRECEDENT TO
COMMENCEMENT OF PROJECT AND DISBURSEMENT" have been fully met, the
Conservancy shall disburse to the grantee, in accordance with the approved project
budget, a total amount not to exceed the amount of this grant, as follows:
Disbursements shall be made on the basis of costs incurred to date, less ten percent, upon
the grantee's satisfactory progress in accordance with the approved work program and
upon submission of a "Request for Disbursement" form, which shall be submitted no
more frequently than monthly but no less frequently than quarterly. Disbursement of the
ten percent withheld shall be made upon (1) the grantee's satisfactory completion of the
project, compliance with the "PROJECT COMPLETION" section of this agreement, and
submission of a fully executed final "Request for Disbursement" form; and (2) the
Conservancy's acceptance of the project.
The grantee shall request disbursements by filing with the Conservancy fully executed
"Request for Disbursement" forms (available from the Conservancy). The grantee shall
include in the forms its name and address, the number of this agreement, the date of the
submission, the amount of the invoice, the period during which the work was actually
done, and an itemized description, including time, materials, and expenses incurred, of all
work done for which disbursement is requested. The forms shall also indicate cumulative
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City of Newport Beach
Grant Agreement No. 04 -075
Page 6
COSTS AND DISBURSEMENTS (Continued)
expenditures to date, expenditures during the reporting period, and the unexpended
balance of funds under the grant agreement.
The forms shall be signed by an authorized representative of the grantee. Each form shall
be accompanied by any receipts and supporting invoices or other source documents from
contractors that the grantee engaged to complete any portion of the work funded under
this agreement, and by written substantiation of completion of the portion of the project
for which disbursement is requested. With each form, the grantee shall submit a
supporting progress report summarizing the current status of the work and comparing it
to the status required by the work program (budget, timeline, tasks, etc.). Failure to fully
execute and submit a Request for Disbursement form, including attachment of supporting
documents, will relieve the Conservancy of its obligation to disburse funds to the grantee
unless and until all deficiencies are rectified.
EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG
BUDGETITEMS
The grantee shall expend funds in the manner described in the approved project budget.
The allocation of the Conservancy's total grant among the items in the project budget
may vary by as much as ten percent without approval by the Executive Officer. Any
difference of more than ten percent must be approved in writing by the Executive Officer.
The Conservancy may withhold payment for changes in particular budget items which
exceed the amount allocated in the project budget by more than ten percent and which
have not received the approval required above. The total amount of this grant may not be
increased except by amendment to this agreement. Any increase in the funding for any
particular budget item shall mean a decrease in the funding for one or more other budget
items unless there is a written amendment to this agreement.
PROJECT COMPLETION
The grantee shall complete the project by the completion date provided in the "TERM OF
AGREEMENT" section, above. Upon completion of the project, the grantee shall supply
the Conservancy with evidence of completion by submitting: (1) the final design and
engineering plans, the completed environmental review document, permit documentation
and any other work products specified in the work program for the project; and (2) a fully
executed final "Request for Disbursement" form. Within thirty days of grantee's
compliance with this paragraph, the Conservancy shall determine whether the project has
been satisfactorily completed. If the Conservancy determines that the project has been
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City of Newport Beach
Grant Agreement No. 04 -075
Page 7
PROJECT COMPLETION (Continued)
satisfactorily completed, the Conservancy shall issue to the grantee a letter of acceptance
of the project. The project shall be deemed complete as of the date of the letter of
acceptance.
EARLY TERMINATION AND FAILURE TO PERFORM
Prior to the completion of the project, either party may terminate this agreement for any
reason by providing the other party with seven days notice in writing.
If the Conservancy terminates the agreement prior to the completion of the project, the
grantee shall take all reasonable measures to prevent further costs to the Conservancy
under this agreement, and the Conservancy shall be responsible for any reasonable and
non - cancelable obligations incurred by the grantee in the performance of this agreement
prior to the date of the notice to terminate, but only up to the undisbursed balance of
funding authorized in this agreement.
If the grantee fails to complete the project in accordance with this agreement, or fails to
fulfill any other obligations of this agreement prior to the termination date, the grantee
shall be liable for immediate repayment to the Conservancy of all amounts disbursed by
the Conservancy under this agreement. The Conservancy may, at its sole discretion,
consider extenuating circumstances and not require repayment for work partially
completed. This paragraph shall not be deemed to limit any other remedies the
Conservancy may have for breach of this agreement.
LIABILITY
The grantee shall be responsible for, indemnify and save harmless the Conservancy, its
officers, agents and employees, from any and all liabilities, claims, demands, damages or
costs resulting from, growing out of, or in any way connected with or incident to this
agreement, except for active negligence of the Conservancy, its officers, agents or
employees. The duty of the grantee to indemnify and save harmless includes the duty to
defend as set forth in Civil Code Section 2778. This agreement supersedes the grantee's
right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see
Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4.
The grantee waives any and all rights to any type of express or implied indemnity or right
of contribution from the State, its officers, agents or employees, for any liability resulting
from growing out of, or in any way connected with or incident to this agreement.
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City of Newport Beach
Grant Agreement No. 04 -075
Page 8
LIABILITY (Continued)
Nothing in this agreement is intended to create in the public or any member of it rights as
a third party beneficiary under this agreement.
AUDITS /ACCOUNTING/RECORDS
The grantee shall maintain financial accounts, documents, and records (collectively,
"records ") relating to this agreement, in accordance with the guidelines of "Generally
Accepted Accounting Principles" ( "GAAP ") published by the American Institute of
Certified Public Accountants. The records shall include, without limitation, evidence
sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds
related to work under the agreement. Time and effort reports are also required. The
grantee shall maintain adequate supporting records in a manner that permits tracing from
the request for disbursement forms to the accounting records and to the supporting
documentation.
Additionally, the Conservancy or its agents may review, obtain, and copy all records
relating to performance of the agreement. The grantee shall provide the Conservancy or
its agents with any relevant information requested and shall permit the Conservancy or its
agents access to the grantee's premises upon reasonable notice, during normal business
hours, to interview employees and inspect and copy books, records, accounts, and other
material that may be relevant to a matter under investigation for the purpose of
determining compliance with this agreement and any applicable laws and regulations.
The grantee shall retain the required records for a minimum of three years following final
disbursement by the Conservancy. The records shall be subject to examination and audit
by the Conservancy and the Bureau of State Audits during the retention period.
If the grantee retains any contractors to accomplish any of the work of this agreement, the
grantee shall first enter into an agreement with each contractor requiring the contractor to
meet the terms of this section and to make the terms applicable to all subcontractors.
The Conservancy may disallow all or part of the cost of any activity or action that it
determines to be not in compliance with the requirements of this agreement.
COMPUTER SOFTWARE
The grantee certifies that it has instituted and will employ systems and controls
appropriate to ensure that, in the performance of this contract, state funds will not be used
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City of Newport Beach
Grant Agreement No. 04 -075
Page 9
COMPUTER SOFTWARE (Continued)
for the acquisition, operation or maintenance of computer software in violation of
copyright laws.
NONDISCRIMINATION
During the performance of this agreement, the. grantee and its contractors shall not
unlawfully discriminate against, harass, or allow harassment against any employee or
applicant for employment because of sex, race, religion, color, national origin, ancestry,
disability, medical condition, marital status, age (over 40) or denial of family -care leave,
medical -care leave, or pregnancy- disability leave. The grantee and its contractors shall
ensure that the evaluation and treatment of their employees and applicants for
employment are free of such discrimination and harassment. The grantee and its
contractors shall comply with the provisions of the Fair Employment and Housing Act
(Government Code Section 12900 et seq.) and the applicable regulations (California
Code of Regulations, Title 2, Section 7285.0 et seq.). The regulations of the Fair
Employment and Housing Commission regarding Contractor Nondiscrimination and
Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations),
are incorporated into this agreement. The grantee and its contractors shall give written
notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement. This nondiscrimination clause shall be
included in all contracts and subcontracts entered into to perform work provided for
under this agreement.
UNION ORGANIZING
The grantee acknowledges the state policy contained in Government Code Sections
16645 through 16649, prohibiting the use of state funds disbursed as a grant to assist,
promote or deter union organizing. In executing this agreement, the grantee certifies that
none of the fund disbursed under this agreement shall be used to "assist, promote or deter
union organizing ", as that phrase is defined by Government Code Section 16645(a). The
grantee shall: (1) maintain records sufficient to show that any expenditures by the
grantee to assist, promote or deter union organizing have not been made from state grant
funds; and (2) provide these records to the Attorney General upon request.
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City of Newport Beach
Grant Agreement No. 04 -075
Page 10
INDEPENDENT CAPACITY
The grantee, and the agents and employees of the grantee, in the performance of this
agreement, shall act in an independent capacity and not as officers or employees or
agents of the State of California.
Without the written consent of the State, this agreement is not assignable by the grantee
in whole or in part.
TIMELINESS
Time is of the essence in this agreement.
The Executive Officer shall designate a Conservancy project manager who shall have
authority to act on behalf of the Executive Officer with respect to this agreement. The
Executive Officer shall notify the grantee of the designation in writing.
AMENDMENT
Except as expressly provided in this agreement, no change in this agreement shall be
valid unless made in writing and signed by the parties to the agreement. No oral
understanding or agreement not incorporated in this agreement shall be binding on any of
the parties.
LOCUS
This agreement is deemed to be entered into in the County of Alameda.
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COASTAL CONSERVANCY
Staff Recommendation
June 30, 2004
BIG CANYON CREEK RESTORATION PROJECT
FINAL DESIGN, ENVIRONMENTAL REVIEW, AND PERMITTING
File No. 02 -104
Project Manager: Trish Chapman
RECOMMENDED ACTION: Authorization to disburse up to five hundred thousand dollars
($500,000) to the City of Newport Beach to prepare final design and engineering plans, an
environmental review document, and permit applications for the Big Canyon Creek Restoration
Project.
LOCATION: Big Canyon Creek, Newport Beach, Orange County (Exhibit 1)
PROGRAM CATEGORY: Resource Enhancement
EXHIBITS
Exhibit 1: Project Location and Site Map
Exhibit 2: Conceptual Restoration Plan
Exhibit 3: Letters of Support
RESOLUTION AND FINDINGS:
Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to
Sections 31251- 31270. of the Public Resources Code:
"The State Coastal Conservancy hereby authorizes the disbursement of an amount not to exceed
five hundred thousand dollars ($500,000) to the City of Newport Beach (City) to prepare final
design and engineering plans, an environmental review document, and permit applications for
the Big Canyon Creek Restoration Project, subject to the condition that prior to the disbursement
of any funds, the City shall submit for the review and approval of the Executive Officer of the
Conservancy a detailed work program, project budget, schedule and the names and qualifications
of any subcontractors to be employed for these tasks."
Staff further recommends that the Conservancy adopt the following findings:
"Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy
hereby finds that:
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PROJECT NAME
1. The proposed project is consistent with the purposes and criteria set forth in Chapter 6 of the
Public Resources Code (31251 - 31270) regarding enhancement of coastal resources.
2. The proposed project is consistent with the guidelines and criteria set forth in the
Conservancy's Project Selection Criteria and Guidelines adopted on January 24, 2001."
PROJECT SUMMARY:
The proposed project will enable the City of Newport Beach to complete the planning and
environmental review required to make the Big Canyon Restoration Project ready for
implementation. The proposed project is a Tier 2 priority on the Southern California Wetlands
Recovery Project (WRP) Work Plan.
Big Canyon Creek is a tributary to Upper Newport Bay, one of the highest quality tidal salt
marshes in Southern California. The canyon, which is immediately adjacent to the bay, was once
a functioning complex of wetland and other habitats. Big Canyon Creek has been severely
degraded over several decades due to increased urbanization in the watershed. The creek suffers
from loss of habitat diversity, excess erosion and sedimentation, inadequate drainage systems
and resultant flooding, infestations of non - native invasive plants, and contaminated urban runoff.
Degraded conditions in Big Canyon also adversely affect Upper Newport Bay through excessive
sediment loading from erosion, degraded water quality from urban runoff, and periodic
destruction of public trails and educational facilities from flooding.
The conceptual restoration plan for Big Canyon Creek involves the following elements (Exhibit
2):
• Restore historic tidal flows and five acres of tidal wetlands, mudflats and associated
habitats at the mouth of Big Canyon by relocating Back Bay Drive and removing fill
material from several locations;
• Restore a natural complex of and transitions between Bay channels, tidal wetlands,
riparian, freshwater marshes, wet meadows and other habitats in Big Canyon;
• Remove dredge spoils and invasive non - native plants;
• Develop sustainable non - structural filtration methods to improve water quality in Big
Canyon Creek and Upper Newport Bay;
• Repair flood damage and enhance flood protection; and
• Improve public access.
For the proposed project, the City will prepare final design and engineering plans, an
environmental review document, and permit applications to ready the project for
implementation. With funding from the State Water Resources Control Board, the City will also
prepare a baseline water quality evaluation in order to design a series of non - structural water
treatment components in Big Canyon. The City anticipates that restoration will begin in 2006.
Funding for project construction is anticipated from the Wildlife Conservation Board (WCB).
The City of Newport Beach is the property owner of the lower Big Canyon Creek watershed. It is
an active partner with the County of Orange, California Department of Fish and Game, and
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EXHIB O
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PROJECT NAME
numerous other agencies and community organizations in the management and restoration of
Upper Newport Bay. The City has made restoration of Big Canyon a high priority and partnered
with Community Conservancy International (CCI) on preparation of the conceptual restoration
plan. The City has experience in designing, permitting, and undertaking construction projects,
including habitat restoration at Castaways Park, and it is well - qualified to undertake the proposed
project.
Site Description: Big Canyon Creek is a key tributary to Upper Newport Bay that drains a two -
square -mile, urbanized watershed on the southeast side of the Bay in the City of Newport Beach.
The 70 -acre project area covers the lower portion of Big Canyon between the Bay and Jamboree
Road. The project area includes the City's Big Canyon Nature Park and is partially within the
Upper Newport Bay State Ecological Reserve. The project area includes the lower 0.6 miles of
Big Canyon Creek, which are unchannelized.
Big Canyon Creek once supported a functioning complex of wetlands and upland habitats,
including estuarine, mudflats, salt marsh, brackish and freshwater marsh, riparian woodland, and
coastal sage scrub. Today, tidal circulation was been cut -off from the creek mouth, the
vegetation is dominated by non - native plant species, the ponds are choked with cattails, and
unfiltered urban runoff drains through the creek into Upper Newport Bay. Repeated flooding
events, particularly during the 1997 El Nino storms, have caused enormous damage to Big
Canyon, destroyed habitat and public access, and resulted in significant public costs for road
repair and debris removal. The mouth of Big Canyon Creek is severely constricted, draining into
the Bay through three 15 -inch culverts. The location of the raised roadbed of Back Bay Drive
and a cement dam constructed above it prevent both historic tidal flow and creek flow. Terraces
of infertile and saline soils remain barren or are dominated by invasive, non - native species.
Despite its degradation, Big Canyon Creek still supports a variety of upland and wetland habitats
and provides habitat for 16 endangered and special status bird and plant species.
Big Canyon is a primary public access point for Upper Newport Bay and is visited by many
thousands of visitors and school groups annually. There is currently one short nature trail
through the lower portion of the project area. Damaged boardwalks remain off limits, and
interpretive kiosks are old and degrading. The parking lot and portable toilets were constructed
in the tidal wetlands area and are subject to regular damage due to storm and tidal action.
Upper Newport Bay is the largest functioning full tidal wetland in southern California. The
California Department of Fish and Game (DFG) manages 752 acres of the upper bay as an
ecological reserve that provides valuable habitat for a diverse array of migratory and resident
birds, fish, vertebrates, invertebrates and plants. The threatened and endangered species that use
the bay include the salt marsh bird's beak, brown pelican, California black rail, light- footed
clapper rail, western snowy plover, California least tem, coastal California gnatcatcher, and
Belding's savannah sparrow. The principal threat to fish and wildlife habitat in Upper Newport
Bay is from excessive inputs of sediment and nutrients. As a result, open water and subtidal
habitats are being converted to mudflats and marsh.
Project History:
Restoration of Big Canyon has been a priority for resource agencies working at Upper Newport
Bay for many years. In the mid- 1980s, serious sewage spills into the Bay via Big Canyon
resulted in coordination between the Orange County Sanitation District, the City, DFG and the
U.S. Fish and Wildlife Service. In 1989, DFG included Big Canyon restoration in their
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PROJECT NAME
management plan for the Bay. However, DFG has not had the resources to pursue the project. In
the late 1990s, the U.S. Army Corps of Engineers (ACOE) prepared a reconnaissance study for
Upper Newport Bay. This study identified Big Canyon as one of the watersheds impacting the
Bay through inputs of sediment and urban runoff, but the ACOE's subsequent Ecosystem
Restoration Project focuses solely on the Upper Bay and its San Diego Creek tributary.
In February 2002, CCI submitted a proposal to the Coastal Conservancy to undertake technical
studies and to prepare a restoration plan for Big Canyon as part of the Southern California
Wetlands Recovery Project (WRP). In October 2002, the Conservancy awarded CCI a $167,000
grant to prepare a conceptual restoration plan for Big Canyon. The City of Newport Beach
contributed an additional $110,000 to this planning effort. The conceptual restoration plan was
completed in April 2004.
The proposed project will be undertaken in coordination with several other planning and
restoration projects currently underway in the Bay and its watershed. These include the Upper
Newport Bay Ecosystem Restoration Project, a $38 million project headed by the ACOE that
will remove approximately 2.1 million cubic yards of sediment from the bay in order to improve
tidal circulation and enhance wetland habitats. Proposition 12 (2000) directed the Conservancy
to be the steward of up to $13 million for the Ecosystem Restoration Project. In addition, the
ACOE, in partnership with the County, is preparing a Watershed Management Plan for the San
Diego Creek watershed that includes a major focus on erosion and sediment transport within the
watershed. In 2000, the Conservancy and the County completed a related enhancement plan for
the lower San Diego Creek watershed. This enhancement plan looked at habitat, water quality,
and recreation issues, with specific recommendations to reduce downstream sedimentation. The
Conservancy has also contributed $500,000 to restoration along Serrano Creek, a tributary to San
Diego Creek, which will significantly reduce sediment input to the Upper Newport Bay.
PROJECT FINANCING:
Coastal Conservancy $ 500,000
CA Regional Water Quality Control Board 200,000
City of Newport Beach 80,000
City of Newport Beach (in -kind) $ 20.000
Total Project Cost $ 800,000
The proposed project will be funded primarily by the Coastal Conservancy, the California
Regional Water Quality Control Board (Santa Ana Region) and the City of Newport Beach.
Staff anticipates that the Conservancy's contribution will be funded with monies appropriated to
the Conservancy from Proposition 40, the "California Clean Water, Clean Air, Safe
Neighborhood Parks and Coastal Protection Act of 2002." Allowable uses under this Act include
restoration, and protection of land and water resources. The proposed project will restore and
enhance Big Canyon Creek, a coastal watershed, and will further efforts of the WRP to acquire,
restore, and enhance coastal wetland and coastal watersheds in Southern California. The project
is included on the WRP Work Plan. Proposition 40 also requires that the Conservancy give
priority to grant projects with matching funds. The proposed project is supported by the
commitment of the Regional Water Quality Control Board and the City of Newport Beach to
provide substantial matching contributions.
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PROJECT NAME
CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION:
Conservancy funding of the Big Canyon Creek Restoration Project — Final Design,
Environmental Review, and Permitting would be undertaken pursuant to Chapter 6' of the
Conservancy's enabling legislation, Public Resources Code Sections 31251- 31270.
Pursuant to Section 31251, the Conservancy may award grants to public agencies to enhance
coastal resources that have lost natural or scenic value because of natural or human - induced
events. The proposed project will enhance coastal resources that have been severely degraded by
facilitating the restoration of wetland and riparian habitat along Big Canyon Creek, enhancing
habitat connections between Big Canyon and Upper Newport Bay, and improving the quality of
water entering Upper Newport Bay. The project will also facilitate enhancement of habitats
along a portion of the Bay's perimeter.
Section 31252 provides that the area proposed for enhancement be identified as requiring public
action to resolve existing or potential resource protection problems. Consistent with Section
31252, the City of Newport Beach's Local Coastal Program calls for the preservation of
environmentally sensitive habitat areas, including Big Canyon and Upper Newport Bay. This
requires public action.
Consistent with Section 31253, the amount of proposed Conservancy funding for this project was
determined by the total amount of funding available for coastal resource enhancement projects,
the fiscal resources of project partners, and the urgency of the project relative to other eligible
coastal resource enhancement projects. In addition, in recommending funding of this project,
staff has also considered the factors typically used to determine project eligibility and priority as
described in detail in the "Consistency with Conservancy's Project Selection Criteria and
Guidelines" section, below.
CONSISTENCY WITH CONSERVANCY'S
STRATEGIC PLAN GOAL(S) & OBJECTIVE(S):
Consistent with Goal 5 Objective A, the proposed project will facilitate the restoration and
enhancement of coastal wetland habitat and will further the goals of the Southern California
Wetlands Recovery Project.
Consistent with Goal 5 Objective C, the proposed project will result in the removal of invasive
species and replacement with native vegetation.
Consistent with Goal 6 Objective A, the proposed project will finalize plans to restore and
enhance a coastal watershed.
Consistent with Goal 6 Objective B, the proposed project will assist in the improvement of
water quality in Big Canyon Creek and facilitate efforts to meet water quality standards in Upper
Newport Bay.
Page 5 of 7
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PROJECT NAME
CONSISTENCY WITH CONSERVANCY'S
PROJECT SELECTION CRITERIA & GUIDELINES:
The proposed project is consistent with the Conservancy's Project Selection Criteria and
Guidelines adopted January 24, 2001, in the following respects:
Required Criteria
1. Promotion of the Conservancy's statutory programs and purposes: See the "Consistency
with Conservancy's Enabling Legislation" section above.
2. Consistency with purposes of the funding source: See the "Project Financing" section
above.
Support of the public: The restoration of Big Canyon Creek is supported by the federal,
state, and local agencies and nonprofit partners working to protect and enhance Upper
Newport Bay. This includes the City of Newport Beach, the County of Orange, the California
Department of Fish and Game, the U.S. Fish and Wildlife Service, Regional Water Quality
Control Board (Santa Ana Region), the volunteer Newport Bay Naturalists and Friends,
Orange County Conservation Corps, Sea and Sage Audubon, and numerous other
conservation organizations. The conceptual restoration plan was developed with input from
agency and public stakeholders. The project was selected by the 17 state and federal agency
partners of the WRP for inclusion on the WRP Work Plan. Support letters are provided in
Exhibit 3.
4. Location: The project area is located within the coastal zone in the City of Newport Beach,
County of Orange.
5. Need: For several years, federal, state, and local agencies have recognized the need to restore
the Big Canyon area, but have not had the funding or capacity to undertake the project. The
City has now taken the lead on the project and secured funding from a variety of local
sources, but additional funds are still needed. Without Coastal Conservancy funding, the City
will not be able to undertake the project.
6. Greater - than -local interest: The proposed project will benefit the Upper Newport Bay
ecosystem. Upper Newport Bay comprises the largest functioning saltmarsh ecosystem in
southern California. The bay provides valuable habitat for a diverse array of migratory and
resident birds, fish, vertebrates, invertebrates and plants. Several threatened and endangered
species use the bay and perimeter uplands. Preservation and enhancement of the Upper
Newport Bay ecosystem, including Big Canyon, is a critical element of the WRP Regional
Strategy for recovery of Southern California's coastal wetlands.
Additional Criteria
7. Resolution of more than one issue: The proposed project will address several issues
including habitat restoration, water quality, flood management, and public access for
recreation and education.
8. Leverage: See the "Project Financing" section above.
9. Readiness: The City is ready to undertake the final planning and design and the preparation
of CEQA documents, permit applications, and construction documents immediately. Upon
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PROJECT NAME
0
completion of this phase of the project, the City anticipates moving directly into project
construction with funding from the Wildlife Conservation Board.
10. Realization of prior Conservancy goals: See "Project History" above.
11. Cooperation: The proposed project will be undertaken as a cooperative effort of the City and
CCI. Several other agencies including the County, DFG, U.S. Fish and Wildlife Service, the
Regional Water Quality Control Board, ACOE, Coastal Commission and the Newport Bay
Naturalists will also participate in the project.
CONSISTENCY WITH LOCAL COASTAL PROGRAM POLICIES:
The City of Newport Beach's Local Coastal Program designates Upper Newport Bay and the
lower reach of Big Canyon as environmentally sensitive areas (ESA), and ESA Policy 1 states
that these areas should be preserved and protected. ESA Policy 4 states that the City shall
continue to work with state and local partners to address sedimentation problems in the Bay. The
proposed project will facilitate restoration of Big Canyon Creek, which will also enhance Upper
Newport Bay by reducing inputs of sediment, nutrients, and other contaminants, and increasing
the quality of wetland and upland habitats in the Bay's ecosystem. Therefore, the proposed
project is consistent with the goals and objectives of the LCP.
COMPLIANCE WITH CEQA:
The proposed project will only involve preparation of planning documents for possible future
actions and is therefore statutorily exempt from the provisions of the California Environmental
Quality Act, pursuant to 14 California Code of Regulations Section 15262. Consistent with that
section, the project will consider environmental factors through preparation of an environmental
review document and permit applications. Recommended changes to avoid, reduce or mitigate
environmental impacts will be integrated into the final construction and engineering documents.
Upon approval, staff will file a Notice of Exemption for this project.
Page 7 of 7
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By THE
rI OF h
.zdq
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 519
November 9, 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: Big Canyon Creek Restoration Project— Phase 11 (State Coastal
Conservancy Grant Portion)
ISSUE:
With notification of the recent receipt of a $500,000 grant for the Big Canyon Creek
Restoration Project from the State Coastal Conservancy (SCC), should the City accept
the grant and amend its existing contract with Community Conservancy International
(CC[) to complete the planning associated with the Project?
RECOMMENDATIONS:
1. Direct the staff to accept a grant from the State Coastal Conservancy (SCC) in
the amount of $500,000 for the Big Canyon Restoration Project, Phase II
(Planning, Engineering, and Construction Drawings);
2. Authorize the City Manager to amend an existing Professional Services
Agreement with Community Conservancy International (CCI) to reflect the SCC
grant and the Phase II Scope of Work.
DISCUSSION:
Background: Newport Bay is Newport Beach's most treasured environmental asset.
From the ecological reserve and parkland in the Upper Bay to the boating, residential,
and visitor - serving uses in the Lower Bay, Newport Bay is home to six endangered
species, the nation's largest small craft harbor, tour and charter boat operations, more
than sixty different commercial ventures, rowing clubs, yacht races, millions of visitors
annually, and more.
Upper Newport Bay — including its ecological reserve (administered by the California
Department of Fish and Game), its regional park (administered by the County of
Orange) and the access provided by Back Bay Drive (administered by the City) — is one
of California's more challenging resources to manage and protect. Several major and
• Big Canyon Creek Restoration Project — SCC Grant
November 9, 2004
Page 2
complex Upper Bay projects involving a multitude of agencies are underway today,
including:
• Upper Newport Bay Ecological Restoration Project. This US Army Corps of
Engineers -led (US ACE) study is the "Big Dredge" set for Fall 2004. The dredging
project will be about three times as large as the last dredging project, with up to
$13.5 million in funds coming from Proposition 12 (approved by the voters in March
2000) and another $20 million from the federal government. This $33.5 million
project is cost - shared 65 % -35% between the federal government and state /local
partners.
• Newport Bay /San Diego Creek Watershed Feasibility Study. This US ACE -led
Study looks at ways to reduce sediment and nutrient deposits in the Upper Bay by
keeping the sediment at its source. The Study is identifying locations in the San
Diego Creek watershed that will catch sediment, treat runoff (in part via the IRWD's
Natural Treatment System or "NTS" project), and preserve and restore habitat.
• Sediment/Nutrient TMDL Compliance. To comply with recently- adopted total
maximum daily loads (TMDLs) that limit sediment and nutrients into the Bay, the City
helps fund ongoing monitoring and maintenance of upstream environments to meet
the TMDLs' limits.
Even with these three major efforts, the Upper Bay still faces significant problems
relating to the region's heavy use of the Bay as a park, reserve, and local resource.
These problems include:
• Erosion of the City -, County -, and privately -owned slopes that abut the Bay;
• Infestation by non- native plants;
• Increased threats to endangered, threatened and species of concern;
• Continued serious loss of wetland, saltmarsh, mudflat and transitional habitats;
• Trespassing and vandalism in sensitive areas due to a lack of appropriate public
access; and
• Inputs of contaminated runoff from Bay - adjacent residential and business areas.
About CCI. Aware of these concerns, representatives of the Newport Bay Naturalists
and Friends discussed Upper Newport Bay's challenges with Community Conservancy
International (www.ccint.org). CCI describes itself as "a non - profit organization
dedicated to preserving natural lands and waters worldwide and implementing
conservation - compatible projects to protect local communities..." CCI recently
advocated and planned for two square miles of park and open space in the Baldwin
Hills (near Ballona Creek in southwestern Los Angeles). CCI succeeded in securing
$36 million in state funding for the Baldwin Hills.
The Restoration Project. CCI has focused its attention on Big Canyon Creek, a
drainage that receives runoff from two square miles of primarily urbanized watershed,
the Big Canyon Country Club and adjacent residences, and that runs through the 58-
acre Big Canyon Nature Park, a City park.
489984.1
i
Big Canyon Creek Restoration Project — SCC Grant
November 9, 2004
Page 3
The City Council approved planning funding for the Project — called the Big Canyon
Creek Restoration Project — on January 14, 2003, The Project addresses:
• A restoration plan for wetlands and wetlands - related habitats
• The needs of endangered and threatened species
• Unfiltered urban runoff and impacts on Bay water quality
• Drainage needs of golf course, City storm drains and bluffside homes
• Public access and connection to Big Canyon Nature Park
• Flood prevention
• Public agency needs and concerns
Big Canyon Creek Area
After receiving Council authorization to do so via Resolution 2002 -15 on January 22,
2002, Ms. Feldman and the City jointly applied to the State Coastal Conservancy, via its
Southern California Wetlands Recovery Project ( SCWRP), for a grant to complete
Phase I of the Project (Planning and Technical Studies). On October 31, 2002, the
SCWRP approved a grant of $167,000 for Phase I. The City matched the grant with
$110,000 from the Upper Newport Bay Restoration Account. Another $27,000 in in -kind
support came from the Newport Bay Naturalists and Friends and from CCI itself.
About the Upper Newport Bay Restoration Account. State law and other regulatory
agencies (including SB 576 [Johnson] and the National Marine Fisheries Service or
• "NMFS ") direct the City to reserve a portion of the revenue it receives from the
489984.1
Big Canyon Creek t7estoration Project — SCC Grant
November 9, 2004
Page 4
residences at Beacon Bay as well as mitigation for Lower Bay clockwork for restoration .
projects in the Bay. These funds go into an account called the Upper Newport Bay
Restoration Account. At the end of June 2002, there was $238,822.39 in this Account
(technically a designation of equity within the Tidelands Fund, #230 - 3755).
Phase I Work. CCI completed a majority of the Project's Phase One work in Fall 2003.
The culmination of the work included public meetings and a consensus by various
resources agencies that one identified alternative — called the Historic Tidal Wetlands
Alternative — is the project alternative that should provide the best habitat value for Big
Canyon Creek. A schematic of the Alternative is Attachment A.
What's in Phase II. Phase II continues planning and design work for the Project with
the Historic Tidal Wetlands Alternative. Phase II includes a comprehensive study of
water quality and hydrology concerns in Big Canyon Creek and the additional public
outreach, planning, engineering, and construction drawings required to bring the
proposed Project to physical construction.
Funding. Earlier in 2004, the State Water Resources Control Board awarded $200,000
to the water quality and hydrology component of Phase II following the submission of a
grant application and a competitive statewide review of eligible grant- funded projects.
CCI prepared the grant application under the City's direction. In Summer 2004, the
State Coastal Conservancy awarded an additional $500,000 to complete the public
outreach, planning, engineering, and construction drawings. The grant is contingent .
upon a City match of $50,000 for the Phase, an amount that can be contributed in FY
2005 -06 using the Newport Bay Restoration Account or similar funding sources. Your
City Council approved an action in February accepting the SWRCB grant and
authorizing the City Manager to work with CCI to coordinate the work.
Construction. Construction might exceed $5 million. We intend to seek construction
funding from Propositions 12, 13, 40, or 50 as additional grant moneys become
available. The Wildlife Conservation Board (WCB) has verbally informed us that they
will fund part of the construction effort.
Environmental Review: Environmental review is not required for this Council action.
Public Notice: This agenda item requires standard Brown Act notice.
Submitted by:
Da a Kiff
Assistant City Manager
Attachments: Preferred Restoration Alternative
•
489984.1
• Big Canyon Creek Restoration Project— SCC Grant
November 9, 2004
Page 5
• Exhibit A — Historic Tidal Wetlands Alternative
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