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Home My WebLink About13 - Approval of an Agreement with the County of Orange for Participation in the Surfside -Sunset Stage 13 Orange County Beach Erosion Control Project (17H05)�Wpo CITY OF X RT O�\ NEWPuK C, "V1 City Council Staff Report November 22, 2016 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Michael J. Sinacori, P.E., Assistant City Engineer msinacoriCa)_newportbeachca.gov PHONE: 949-644-3342 TITLE: Approval of an Agreement with the County of Orange for Participation in the Surfside -Sunset Stage 13 Orange County Beach Erosion Control Project (171.105) ABSTRACT: The City of Newport Beach has participated in beach erosion projects for a number of years. Staff recommends approval of an agreement with the County of Orange as part of a multi -agency effort to implement Surfside -Sunset Stage 13 Orange County Beach Erosion Control Project. RECOMMENDATION: a) Acknowledge that the Army Corps of Engineers, acting as the lead agency, will process the necessary environmental documentation for this project. The Army Corps will prepare an Environmental Assessment in accordance with NEPA (National Environmental Policy Act). The document will be circulated for public review once completed. It is anticipated that the project will have a Finding of No Significant Impacts (FONSI) as was determined in the 2008 Stage 12 Project; b) Authorize the Mayor to execute an agreement with County of Orange for a sand replenishment project in the Huntington Beach Littoral Cell that covers the stretch of shoreline between San Gabriel River and Newport Bay Harbor Entrance; and c) Approve Budget Amendment No. 17BA-016 appropriating $40,000 from the unappropriated Tidelands Maintenance Fund to Account No. 10001-980000-171-105 (Surfside -Sunset Coastal Sand Replenishment). FUNDING REQUIREMENTS: The current adopted Capital Improvement Program budget includes $150,000 for the City's share of the Stage 13 project. The City's actual share for the project is $158,601. In addition, outside consultant support will be required to assist City staff with this effort. The Budget Amendment appropriates $40,000 in increased expenditure appropriations from Tidelands unappropriated fund balance. 13-1 Approval of an Agreement with the County of Orange for Participation in Stage 13 of the Federal Beach Erosion Control Project Approval of an Agreement with the County of Orange for Participation in the Surfside - Sunset Stage 13 Orange County Beach Erosion Control Project (17H05) November 22, 2016 Page 2 DISCUSSION: The coastal cities of Newport Beach and Huntington Beach, the County of Orange, the Surfside Colony Storm Water Protection District, the California Department of Boating and Waterways (DBAW) and the Army Corps of Engineers propose to cost -share the placement of sand at a feeder beach at Surfside/Sunset beaches. The Army Corps is the lead agency for the project and has completed 12 previous stages or projects since the late 1960s with the most recent project completed in 2008. Sand erodes from the feeder beach and replenishes beaches down -coast within the littoral cell. A littoral cell is a section of the shoreline, which has manmade or natural features, which keep the majority of the sand within the boundaries of the cell. The Huntington Beach Littoral Cell is bounded by the East San Gabriel River Jetty at the up -coast end and the West Newport Harbor Entrance Jetty at the down -coast end. Sand that is lost to the south from Surfside/ Sunset beaches will be replenished by pumping from an offshore borrow location. In addition and as part of the project, the built up sand in West Newport near the Santa Ana River is also moved down - coast to the central portions of the groin field at West Newport. In the 2008 Stage 12 project, approximately 150,000 cubic yards was moved by the Army Corps into the groins as shown in the above Exhibit. For this Stage 13 project, it is estimated that between 75,000 and 100,000 cubic yards of sand will be moved, though design efforts have yet to be completed. The Army Corps environmental documents will seek approvals to move 150,000 yards to allow them flexibility as they complete the design this coming year. 13-2 Approval of an Agreement with the County of Orange for Participation in Stage 13 of the Federal Beach Erosion Control Project Approval of an Agreement with the County of Orange for Participation in the Surfside - Sunset Stage 13 Orange County Beach Erosion Control Project (17H05) November 22, 2016 Page 3 This project reoccurs approximately every six years as a multi -agency beach replenishment project for the Huntington Beach Littoral Cell. Costs are shared 67% federal and 33% local giving the City a good return for money invested in regional sand management since most of the local contribution is paid by DBAW. The City of Newport Beach typically pays less than two percent of the total cost. This percentage is based on the City's proportionate local share of the 80,000 linear feet of beach frontage within the littoral cell. Since this project is a multi -agency project, several cooperative agreements have been developed to reduce issues with preparing an agreement that fits each agency's needs. The Corps of Engineers will enter into an agreement with DBAW, who will in turn enter into an agreement with the County of Orange. Finally, the County has proposed similar agreements to the attached agreement for the Cities of Newport Beach and Huntington Beach as well as Surfside Colony. In addition, the City of Seal Beach has proposed to enter into a side agreement with the Corps of Engineers for beach replenishment in an area outside of the Huntington Beach Littoral Cell so that they can take advantage of the large economy of scale that is provided by this project. ENVIRONMENTAL REVIEW: The Army Corps of Engineers, acting as the lead agency, will process the necessary environmental documentation for this project. The Army Corps will prepare an Environmental Assessment in accordance with NEPA (National Environmental Policy Act). The document will be circulated for public review once completed. It is anticipated that the project will have a Finding of No Significant Impacts (FONSI) as was determined in the 2008 Stage 12 Project. NOTICING - The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). In addition, public meetings have been held for the current Lower Santa Ana River Sand Management Project with County and City staff where the Stage 13 project has been discussed. ATTACHMENTS: Attachment A — Vicinity Map of Entire Project Area Attachment B — Agreement with the County of Orange for Periodic Nourishment of the Orange County Beach Erosion Control Project - Stage 13 Attachment C — Budget Amendment 13-3 Surfside Beach, Seal'Beach` CA 91743: Sunset Beach. California<PP place on beach rA- '� ,�°-.�zk,�- ' �• y"_• a ..-�. N� Huntington Beach.C'A � w 6 Newport Beach, CA m Image O 2008 DgdalGlabe `' 'v •a' 1�vge *Lasa Eve all 11.97 mi ATTACHMENT B MA -080-17010660 1 AGREEMENT FOR PERIODIC NOURISHMENT OF THE 2 ORANGE COUNTY BEACH EROSION CONTROL PROJECT STAGE 13 3 This AGREEMENT is made and entered into the day of , 2016. 4 by and between 5 COUNTY OF ORANGE, a political 6 Subdivision of the State of California, hereinafter called "COUNTY". 7 and 8 CITY OF NEWPORT BEACH, a municipal 9 Corporation hereinafter called "CITY". 10 WHEREAS, Congress has, by the enactment of Public Law 874, 87"' Congress, specifically 11 adopted and authorized a beach erosion control project from Anaheim Bay Harbor to Newport Bay in 12 Orange County, California, providing for Federal participation amounting to 67 percent of the first and 13 periodic nourishment and maintenance costs, in accordance with the plans and subject to the conditions 14 recommended by Chief of Engineers in House Document No.602, 87°i Congress. Non -Federal Sponsors, 15 consisting of State of California Department of Parks and Recreation Division of Boating and Waterways 16 (hereafter called "STATE") and Local Sponsors, including Surfside Colony Storm Water Protection 17 District, Huntington Beach, CITY, and COUNTY, shall provide for remaining 33 percent of total costs. 18 WHEREAS, STATE is authorized under Harbors and Navigation Code Section 67.2 to expend 19 STATE funds appropriated for the Orange County Beach Erosion Control Project (hereafter called 20 "PROJECT"). 21 WHEREAS, under Harbors and Navigation Code Section 69.6, STATE administers the 22 California Public Beach Restoration Program funding of Non -Federal project cost; 100 percent funding of 23 coastal state parks and state beaches, and 85 percent funding of non -state public beaches, with a 15 24 percent match from Local Sponsors provided as funds or in-kind services, for restoration, nourishment, or 25 enhancement with placement of sand on the beach or nearshore. - 1 - 13-5 1 2 3 4 5 6! 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MA -080-17010660 WHEREAS, the implementation of PROJECT is of direct benefit to the beaches owned or leased and operated by Local Sponsors in providing a source of beach sand for replenishment of natural erosion of said beaches. WHEREAS, the United States Army Corps of Engineers will undertake PROJECT Stage 13 at a total estimated cost of $18,125,000 and design phase to be financed on the following basis: Federal Government $1,499,460 STATE $ 672,880 Local Sponsors $ 65,660 MIA -L 2 2 WHEREAS, the Non -Federal Sponsor's PROJECT Stage 13 design cost of $738,540, and total cost of $5,981,250 is based upon the proportionate percentage of beneficial beach frontage owned or leased by each entity, approximately 67,000 linear feet from Anaheim Bay to Newport Pier within the Federal PROJECT area. WHEREAS, the COUNTY, on behalf of the Local Sponsors identified herein below, shall pay the STATE $65,660 for Stage 13 design. The CITY's total cost share and PROJECT design cost breakdown for Local Sponsors are as follows: Local Sponsors Total Cost Design Construction CITY $158,601 $19,583 $139,018 Surfside Colony Storm Water Protection District $ 5,043 City of Huntington Beach $39,721 COUNTY $ 1.313 TOTAL H H - 2 - 13-6 MA -080-17010660 1 NOW THEREFORE, the parties hereto do mutually agree as follows: 2 I. 3 COUNTY agrees to coordinate said PROJECT with CITY, other Local Sponsors, and STATE 4 to the mutual benefit of all parties concerned. 5 II. 6 CITY agrees to pay COUNTY immediately after approval of this agreement by all parties 7 hereto, CITY's portion of the total cost of PROJECT Stage 13 in the amount of $158,601. 8 III. 9 COUNTY shall, on or before immediately after approval of this agreement and similar 10 agreements by all of the aforementioned Local Sponsors and receipt of billing from STATE, pay the 11 Local Sponsors' portion of the PROJECT design in the amount of $65,660 to STATE to facilitate 12 implementation of said PROJECT Stage 13 design, and upon completion pay to STATE the Local 13 Sponsors cost share for PROJECT construction. 14 rV. 15 COUNTY will obtain from STATE, the agency coordinating PROJECT Stage 13 with the 16 United States Army Corps of Engineers, an accounting of all expenditures of funds received for 17 PROJECT Stage 13 within 120 days following the completion of design and final accounting within 18 120 days following completed PROJECT Stage 13 construction. 19 V. 20 CITY agrees any funds remaining upon the completion and acceptance of PROJECT Stage 13 21 design phase, STATE shall apply the amount towards the Non -Federal Sponsor's share of PROJECT 22 Stage 13 construction phase, to be credited proportionately between the STATE and each of Local 23 Sponsors, in a ratio equal to their respective contributions. 24 25 - 3 - 13-7 MA -080-17010660 1 VI. 2 CITY shall be reimbursed the remaining balance of their contribution proportional to the 3 project cost share ratio, deducting the cost incurred for preconstruction, engineering, and design within 4 120 days after determination that Federal or STATE funds are not available for PROJECT construction. 5 VII. 6 CITY agrees any funds remaining from final accounting of completed PROJECT Stage 13 shall 7 be applied towards PROJECT Stage 14. 8 VIII. 9 10 To the extent permitted by law, COUNTY shall indemnify and save harmless CITY, its officers, 11 agents, and employees from and against all claims, demands, loss or liability of any kind or nature which 12 CITY, its officers, agents, and employees may sustain or incur or which may be imposed upon them or 13 any of them for injury to or death of persons, or damage to property as a result of the negligence or 14 wrongful act or omission by COUNTY, its officers, agents, employees, or invitees in carrying out the 15 terms of this agreement or exercising the rights herein granted. 16 17 // 18 // 19 // 20 // 21 // 22 23 24 // 25 // 4 - 13-8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MA -080-17010660 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite their respective signatures: Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Robin Steiler Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: Eric Devine, Deputy County Counsel ORANGE COUNTY, CALIFORNIA By: // // // // // // Deputy COUNTY OF ORANGE, a political subdivision of the State of California - 5 - Chair of the Board of Supervisors 13-9 1 2 3 4 5 6 7 a 9 10 11 12 1? MA -080-17010660 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite their respective signatures: Date:. REVIEWED AND APPROVED David A. Webb City Administrator CITY OF NEWPORT BEACH, a municipal Corporation ATTEST: Diane B. Dixon Mayor Leilani 1. Brown City Clerk APPROVED AS TO FORM: aMAAA-- Aaron C. Harp (0/3! City Attorney 13-10 ATTACHMENT C City of Newport Beach BUDGET AMENDMENT 2016-17 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 17BA-016 AMOUNT: $40,000.00 To increase expenditure appropriations in the Tidelands Operating Fund for an increase in the City's share of the County of Orange Surfside -Sunset Stage 13 Orange County Beach Erosion Control Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object 100 300000 REVENUE ESTIMATES Org Object EXPENDITURE APPROPRIATIONS Org Number Object Number Project Number Project String Signed: 4_1 Signed Signed Description Tidelands Operating Fund - Fund Balance Description Amount Debit Credit $40,000.00 * Description 10001 Tide & Submerged Land CIP 980000 CIP Expenditures 171-105 Surfside -Sunset Sand Replenishment Project E-171-105 -UNASSIGNED-100 -UNASSIGNED Fin cial Approval: Finance Approval: City Manag City Council Approval: City Clerk Automatic $40,000.00 Date 11116 111. bate Date 13-11 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance ONE-TIME? Fil Yes No To increase expenditure appropriations in the Tidelands Operating Fund for an increase in the City's share of the County of Orange Surfside -Sunset Stage 13 Orange County Beach Erosion Control Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object 100 300000 REVENUE ESTIMATES Org Object EXPENDITURE APPROPRIATIONS Org Number Object Number Project Number Project String Signed: 4_1 Signed Signed Description Tidelands Operating Fund - Fund Balance Description Amount Debit Credit $40,000.00 * Description 10001 Tide & Submerged Land CIP 980000 CIP Expenditures 171-105 Surfside -Sunset Sand Replenishment Project E-171-105 -UNASSIGNED-100 -UNASSIGNED Fin cial Approval: Finance Approval: City Manag City Council Approval: City Clerk Automatic $40,000.00 Date 11116 111. bate Date 13-11