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HomeMy WebLinkAbout12 - Peninsula Point Encroachment Removal Project — Award of Contract No. 8814-1 (22M14)Q �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report June 14, 2022 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Bob Stein, Assistant City Engineer rstein@newportbeachca.gov PHONE: 949-644-3322 TITLE: Peninsula Point Encroachment Removal Project — Award of Contract No. 8814-1 (22M14) ABSTRACT - Staff has received construction bids for the Peninsula Point Encroachment Removal Project and requests the City Council's approval to award the construction contract to SDG Enterprises of Van Nuys, California. This project will remove non-native vegetation and unauthorized objects and improvements in the public beach area adjacent to private properties from F Street to the end of the Balboa Peninsula. The cleared area will then be landscaped using native seeds and plants. The project implements the removal and restoration plan approved by the California Coastal Commission (CCC) pursuant to Consent Orders CCC-20-CD-02, CCC-20-RO-01, and CC-20-AP-02. The City Manager signed the Consent Orders on May 19, 2020, as authorized by the City Council. RECOMMENDATION: a) Find this project exempt from the California Environmental Quality Act (CEQA) requirements pursuant to Sections 15250 of the CEQA Guidelines, as the plan defined in the California Coastal Commission Consent Orders includes mitigation measures to minimize any significant adverse effect on the environment; b) Approve the project Plans and Specifications; c) Award Contract No. C-8814-1 to SDG Enterprises for the total bid price of $588,024, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $59,000 (approximately 10 percent of the total bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 22-056 appropriating $101,066 in increased expenditures in Account No. 01201938-980000-22M14 from the Capital Improvement Program Oceanfront Encroachment unappropriated fund balance. 12-1 Peninsula Point Encroachment Removal Project — Award of Contract No. 8814-1 (22M14) June 14, 2022 Page 2 DISCUSSION: For over 50 years, private property owners with beach -adjacent homes from F Street to Channel Road (see Location Map, Attachment A) have installed walls and other hardscape improvements, landscaping (solid red areas in Attachment A), and other objects such as stepping stones, walkways and irrigation lines, onto the public beach without authorization under the Coastal Act. Under the Consent Orders (Attachment B) signed by the California Coastal Commission, the City of Newport Beach (City), and identified property owners, these encroachments must be removed. Pursuant to the provisions of the Consent Orders, the City will remove landscaping, ice plant (shown as solid yellow areas in Attachment A), and unauthorized objects and materials within the sandy beach area. In addition to the order for vegetative removal, 12 property owners were ordered to pay for the removal of hardscape encroachments e.g., walls and patios. As of the time of the project's advertisement for construction, five property owners had removed, or had indicated they would soon remove these encroachments. As an option offered to the seven remaining property owners, seven bid items were included in the City's advertised bid package to remove the hardscape encroachments at 1320, 1322, 1324, 1400, 1412, 1514 and 1516 East Oceanfront. Since receiving the bids, 1516 E. Oceanfront has removed their encroachments. SDG bid $7,500 for each of these items for a total of $52,500. Each of these property owners has been notified and has the option to provide the City payment to have SDG remove the encroachments at the bid item cost. To exercise this option, each property owner will have to execute an agreement with the City and provide payment, which will be deposited into a contribution account. For any property owner who does not elect to have the City contractor remove the encroachments, per the Section 5.10 of the Consent Orders, that property owner is required to remove the (hardscape) encroachments adjacent to his property by June 30, 2023. Under this scenario, the Encroachment Permit issued to the property owner will also condition the owner to plant the area where the encroachments were removed. If a property owner fails to remove the encroachments adjacent to his property by June 30, 2023, per Section 5.3 of the Consent Orders, "City is authorized by the Commission to take any and all actions necessary to complete this work and the applicable homeowners shall be liable to the City for all reasonable costs associated in any way with performing said work." Pursuant to Section 15250 of the California Environmental Quality Act (CEQA), Section 21080.5 of the Public Resources Code provides that a regulatory program of a state agency shall be certified by the California Secretary of Natural Resources as being exempt from the requirements for preparing Environmental Impact Reports, negative declarations, and initial studies if the Secretary finds that the program meets the criteria contained in Section 21080.5. Pursuant to CEQA Section 15251, the California Coastal Commission regulatory program dealing with the consideration and granting of coastal development permits under the California Coastal Act of 1976, Division 20 (commencing with Section 30000) of the Public Resources Code, has been certified by the California Secretary of Natural Resources as meeting the requirements of Section 21080.5(c). 12-2 Peninsula Point Encroachment Removal Project — Award of Contract No. 8814-1 (22M14) June 14, 2022 Page 3 As the plan (Attachment B) defined in the California Coastal Commission Consent Orders includes a description of the proposed activity with alternatives to the activity, and mitigation measures to minimize any significant adverse effect on the environment of the activity, pursuant to California Code, Public Resources Code — Section 21080.5, this plan may be submitted in lieu of the CEQA requirements as the California Secretary of Natural Resources has certified the regulatory program pursuant to Section 21080.5. As required by California Public Resources Section 21080.5(E), the California Coastal Commission filed a notice of its decision for the Peninsula Encroachment Removal Project with the California Secretary of Natural Resources (Attachment C). Construction documents for this project, prepared by the Public Works Department and based on a planning document prepared by a consultant under contract to the Community Development Department, were advertised using PlanetBids on March 3, 2022. At 10 a.m. on April 7, 2022, the City Clerk opened and read the following bids for this project: BIDDER BASE BID Low SDG Enterprises $ 588,024.00 2nd Marina Landscape Inc. $ 604,579.90 3rd KASA Construction, Inc. $ 697,345,00 4th Nakae & Associates, Inc. $ 790,964.32 5th Southern California Landscape $ 985,618.55 The bid amount submitted by the low bidder, SDG Enterprises (SDG), is two percent lower than the Engineer's Estimate of $600,000. SDG possesses a California "C27" Landscaping License, as required by the project specifications. As this project is rather unique, it was not expected that any contractor could provide examples of similar projects. Therefore, in checking SDG's references, City staff looked for, and found sufficient evidence that SDG has logistics experience for moving equipment in and out of confined project areas adjacent to residential homes, for mobilizing appropriate skilled workers to excavate and remove landscaping, and for stockpiling and chipping material for daily haul -off of materials for offsite disposal. All contacted references stated that SDG senior personnel frequently visited the construction site to observe performance of its crews. Additionally, City staff requested, and received from SDG, a preliminary work plan describing the steps it planned to perform and the equipment that would be used to execute the contract. Staff notes that Mr. Ethan Darrison, vice president of SDG, stated SDG staff had been out to the project site four times before submitting its bid, and SDG senior management intended to come out to the site multiple times each week during construction. The work necessary for the completion of this contract consists of: 1. Project preparation including submittals for City review. 2. Setting up staging area. 3. Furnishing and installing informational signage. 4. Delineating pedestrian and vehicle access routes on beach. 5. Delineating and fencing sensitive habitat areas around the project area. Note: fencing for the snowy plover area is not a part of this project. 12-3 Peninsula Point Encroachment Removal Project — Award of Contract No. 8814-1 (22M14) June 14, 2022 Page 4 6. Implementing stormwater best management practices (BMPs) specified in the Storm Water Pollution Prevention Plan, over the extent of the project area, for the entire construction period. 7. Removing trees for off -site disposal. 8. Removing ice plant, sod, ornamental vegetation, and other non-native plants with off -site disposal. 9. Selectively removing non-native plants intermixed with native plants. 10. Removing dirt, soil and other non -sand landscaping materials with off -site disposal. 11. Removing hardscape encroachments, at addresses identified in the California Coastal Commission's Consent Orders, with off -site disposal at an approved facility. 12. Installing hydroseed in two batches prior to installing plants. 13. Installing biodegradable jute netting. 14. Installing container plants 15. Installing temporary post and rope fencing along the perimeter of the restoration areas. 16. Monitoring, watering, maintaining seeded areas, plants, and maintaining erosion and stabilization control measures throughout the 120-day Maintenance and Plant Establishment Period. Note that after the completion of the Maintenance and Plant Establishment task, as required by the Consent Orders, City will initiate a separate contract for a contractor to monitoring and maintain the restoration area for a five- year period. Based on the references checks and the SDG management's stated understanding of the critical aspects of the project, City staff determine that SDG's previous experience is adequate and satisfactory and recommends award of this contract to SDG. The specifications allow for 90 working days in order to complete the work prior to expected rains in January. Mr. Darrison stated that he estimates a construction time of 65 to 70 working days. Upon approval of this construction contract, a Notice to Proceed will be issued so that the contractor will begin work on the beach after Labor Day 2022. The project specifications and drawing exhibits will be available for review at the May 24, 2022 City Council meeting or upon request. FISCAL IMPACT: The awarded contract cost of $595,524 includes the cost of all work necessary to comply with the executed Consent Order, including removal of improvements that are defined to be the responsibility of the seven adjacent property owners (who have not yet completed their directed removals) should they elect the City to do the work on their behalf. If the City undertakes said work for the property owners, the City will receive up to $52,500 in payment from these property owners as a contribution back against the cost of the project. Upon approval of the proposed budget amendment sufficient funding will be available from the current Capital Improvement Program budget for the award of this contract. Contract costs will be expensed from the Oceanfront Encroachment Account. Oceanfront encroachment revenue is generated from an annual permit fee collected from private property owners whose property encroaches onto the public right-of-way. 12-4 The following funds will be expensed: Funding Source Oceanfront Encroachment Owner Contributions Proposed fund uses are as follows: Peninsula Point Encroachment Removal Project — Award of Contract No. 8814-1 (22M14) June 14, 2022 Page 5 Account Number Amount 01201938-980000-22M14 $ 595,524 13501-980000-22M14 $ 52,500 Total: $ 648,024 Vendor Purpose Amount SDG Enterprises Construction Contract $ 535,524 SDG Enterprises Private Encroachment Removals $ 52,500 SDG Enterprises Contingency $ 59,000 Various Printing & Incidentals $ 1,000 $ 648,024 Staff recommends establishing $59,000 (approximately 10 percent of total bid) for contingency purposes and unforeseen conditions associated with construction. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) requirements pursuant to Sections 15250 of the CEQA Guidelines, as the plan defined in the California Coastal Commission Consent Orders includes mitigation measures to minimize any significant adverse effect on the environment. NOTICING: On December 13, 2021, a letter was sent to all property owners of the subject beach frontage homes regarding the California Coastal Commission Consent Orders and the City's planned restoration project (Attachment D), followed by a postcard mailed on December 21, 2021 (Attachments E1 and E2). A website has been set up and is periodically updated. The website can be found at: httas://www.newportbeachca.aov/aovernment/departments/Dublic- works/peninsula-encroachment-removal-restoration-Droiect 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. 12-5 Peninsula Point Encroachment Removal Project — Award of Contract No. 8814-1 (22M14) June 14, 2022 Page 6 ATTACHMENTS: Attachment A — Location Map Attachment B — California Coastal Commission Consent Orders CCC-20-CD-02, CCC- 20-RO-01, and CC-20-AP-02 with 4 Exhibits Attachment C — California Coastal Commission Filing Notice of Decision in compliance with Section 21080.5 of the Public Resources Code Attachment D — Letter to Property Owners and Residents Attachments E1 and E2 — Postcard to Property Owners and Residents Attachment F — Budget Amendment No. 22-056 12-6 _.East Balboa Boulevard jw- I Ilk MA . .f.: 1 ••f t :gym Ilk POINT PENINSULA •A REMOVAL Existing Vegetation Adjacent to Encroachment Zones _LENN LUKOS ASSOCIATES Attachment B California Coastal Commission Consent Orders CCC-20-CD-02, CCC-20-RO-01, and CC-20-AP-02 with 4 Exhibits 12-8 City of Newport Beach Consent Orders Page 1 of 10 CONSENT ORDERS This combined Consent Cease and Desist Order, Consent Restoration Order, and Consent Administrative Civil Penalty action collectively, the "Consent Orders" is entered into by and among: (1) the California Coastal Commission (the "Commission"), (2) the City of Newport Beach (the "City"), and (3) the private parties listed in Appendix A, which is attached hereto ("Private Parties"). The City and the Private Parties are hereinafter collectively referred to as the "Parties", except where explicitly referred to individually. The Commission and the Parties have agreed to work collaboratively to facilitate a resolution of the matters described in the "Notification of Intent to Commence Cease and Desist Order, Restoration Order, and Administrative Civil Penalties Proceedings" issued to the City on January 28, 2020, and revised on January 30, 2020 (collectively "NOI"). To that end, the Commission and the Parties have had discussions over the past several months for the purpose of resolving this matter amicably and through these Consent Orders. Through the execution of these Consent Orders, the Commission and the Parties have mutually agreed to resolve, with respect to the Parties, all claims asserted in the NOI, as described herein. 1 CONSENT CEASE AND DESIST ORDER CCC-20-CD-02 Pursuant to its authority under California Public Resources Code ("PRC") Section 30810, the Commission hereby authorizes and orders the City; and all its successors, assigns, employees, agents, contractors, and any persons or entities acting in concert with any of the foregoing to; and the City agrees to: 1.1 Refrain from engaging in development, as defined in PRC Section 30106, that requires a coastal development permit ("CDP"), on any of the property identified in Section 4.2 below ("Properties"), unless authorized pursuant to the Coastal Act (PRC Sections 30000 — 30900), including as authorized by these Consent Orders. 1.2 Remove or cause the removal from the Properties, subject to the terms and conditions of these Consent Orders, and as set forth in Section 5, below, all Encroachments, as that term is defined below in Section 4.3. 1.3 Remove or cause the removal, subject to the terms and conditions of these Consent Orders, and as set forth in Section 5, below, any physical materials or structures placed on the Properties after the effective date of these Consent Orders. 1.4 Fully and completely comply with the terms and conditions of Consent Restoration Order CCC-20-RO-01, as provided in Section 2, below. 12-9 City of Newport Beach Consent Orders Page 2 of 10 2 CONSENT RESTORATION ORDER CCC-20-RO-01 Pursuant to its authority under PRC Section 30811, the Commission hereby orders and authorizes the City to restore the Properties by complying with Consent Order CCC-20-RO-01 described herein, and taking all other restorative actions described in Section 5, below. 3 CONSENT ADMINISTRATIVE PENALTY CCC-20-AP-02 Pursuant to its authority under PRC Section 30821 and its authority to authorize development, the Commission hereby orders the parties listed in Appendix A to pay an administrative civil penalty in the amounts that they are obligated to pay, as listed in Appendix A, , and orders and authorizes the City to take other actions in lieu of paying a monetary penalty, by complying with the terms and conditions listed herein, including taking all actions described in Section 5. The aggregate amount of the administrative civil penalty to be paid by the parties listed in Appendix A is $1,706,834.63. PROVISIONS COMMON TO ORDERS AND CONSENT ADMINISTRATIVE PENALTY 4 DEFINITIONS 4.1 Consent Orders. Consent Cease and Desist Order No. CCC-20-CD-02, Consent Restoration Order No. CCC-20-RO-01, and Consent Administrative Penalty action No. CCC-20- AP-02 are referred to collectively in this document alternatively as "the Consent Orders" or "these Consent Orders." 4.2 Properties. The area subject to these Consent Order, which is located in Newport Beach, Orange County, identified by Assessor's Parcel Nos. 048-310-01, 048-170-24, 048-170-38, and 048-320-03, and which area is generally depicted in the rendering attached hereto in Exhibit A, is referred to in this document collectively as the "Properties." 4.3 Encroachments. These Consent Orders address activities that have occurred, and structures and materials that are present, on the Properties as of the effective date of these Consent Orders that constitute, or are present as a result of, development (as defined by the Coastal Act at PRC section 30106) for which authorization under the Coastal Act was not received. The unpermitted development activities, which development was not undertaken by the City, includes the placement of structures, and materials that are the subject of and encompassed by these Consent Orders including the placement of objects and materials on public sandy beach, including, but not necessarily limited to landscaping such as lawns, hedges, iceplant, trees, and shrubs; irrigation systems; walkways; stepping stones; fences; and patios, and the structures and materials themselves, on the Properties, all of which interferes with public coastal access. The objects and materials that are present on the Properties on the effective date of these Consent Orders as a result of the unpermitted development activities are referred to herein as the "Encroachments". 12-10 City of Newport Beach Consent Orders Page 3 of 10 5 RESTORATION PLAN 5.1 These Consent Orders authorize and require the City to, at its sole cost, except as provided for in Section 5.3, below, implement the Encroachment Removal and Restoration Plan prepared by Glenn Lukos Associates, Inc., for the City dated January 21, 2020, which is attached as Exhibit B to these Consent Orders, as revised as necessary to be consistent with the terms in this section below (hereinafter referred to as the "Restoration Plan"). Within 30 days of issuance of these Consent Orders, the City shall submit a proposal for such revised Restoration Plan for the review and approval of the Executive Director of the Commission ("Executive Director"). Except as provided in Section 5.9, once the Restoration Plan is approved, the City shall have discretion, upon the approval of the Executive Director, to determine who performs the work required by and in compliance with the terms and conditions of the Restoration Plan including, but not limited to, the use of the City's own employees. The Commission recognizes that substantial cost savings can be achieved through the utilization of the City's own forces and one of the goals of these Consent Orders is to ensure the full implementation of the Restoration Plan in an efficient manner without the City having to incur unnecessary costs. The City shall ensure all work undertaken pursuant to the Restoration Plan shall, at a minimum, be monitored by a qualified specialist, as described in Section 5.9, below. 5.2 The Restoration Plan shall set forth the measures that the City proposes to use to remove all of the Encroachments in the area depicted in the rendering attached hereto as Exhibit C, which includes all areas other than those Encroachments set forth in the next sub -section, and to restore said area to appropriate natural habitat consisting of beach strand and southern foredune habitat. The discussion of Existing Native Plant Communities shall take into account the presence of southern foredune habitat in the area and all aspects of the Restoration Plan shall be drafted with consideration of dune habitat in the project area. 5.3 In addition to the portions of the Encroachments that the City proposes to remove or cause the removal of through implementation of the Restoration Plan, the Restoration Plan shall describe the measures the City proposes to use to cause the removal of the Encroachments located adjacent to the private properties with postal addresses 1320, 1322, 1324, 1400, 1412, 1504, 1510, 1514, 1516, 1520, 1526, and 2042 East Oceanfront, Newport Beach, which area is depicted in the rendering attached hereto as Exhibit D, that are proposed in the Restoration Plan to be removed by the corresponding homeowners. The Parties expressly agree that if the homeowners fail to remove the Encroachments adjacent to their properties in the area depicted in the rendering attached hereto as Exhibit D, the City is authorized by the Commission to take any and all actions necessary to complete this work and the applicable homeowners shall be liable to the City for all reasonable costs associated in any way with performing said work. 5.4 The City shall, subject to the terms of these Consent Orders, and consistent with the Restoration Plan, remove or cause the removal of any physical materials or structures placed on the Properties after the effective date of these Consent Orders and restore the impacted area to appropriate natural habitat consisting of beach strand and southern foredune habitat. Nothing in this agreement precludes the City from seeking compensation from the responsible party(ies) for 12-11 City of Newport Beach Consent Orders Page 4 of 10 costs the City incurs in the removal of any future encroachments from the Properties, with the "responsible party(ies)" being the parties that caused such encroachments to exist and "future encroachments" being encroachments placed on the Properties without a Coastal Development Permit after the effective date of these Consent Orders. Nor is the Commission precluded from addressing future encroachments as violations of the Coastal Act. 5.5 The Restoration Plan shall include a map of proposed staging areas and access and haul routes for encroachment removal work. These activities must avoid existing habitat areas, other than areas covered by the Restoration Plan. 5.6 The Restoration Plan shall indicate that removal of the Encroachments will be undertaken in a manner that does not block, impede, or disrupt use of the public beach and other public areas, except that any disruption of public use of the beach will be limited to the installation of temporary habitat fencing during habitat restoration, and minimal, temporary disruption of access as a result of equipment staging. The Restoration Plan shall propose placement of temporary symbolic fencing, consisting of stakes and rope, around native plant container planting zones, as generally depicted on Exhibit 6 of the Restoration Plan, during the plant establishment period. 5.7 The Restoration Plan shall include installation of informational signage, to be displayed while the Restoration Plan is being implemented, including during the monitoring period, that identifies and describes habitat in the project area. 5.8 Planting and seeding shall occur between the months of September and February, inclusive, with seeding to occur following a rain event. 5.9 Any plans, reports, or revisions prepared pursuant to the terms of the Restoration Plan or these Consent Orders shall be prepared by a qualified restoration ecologist or resource specialist approved by the City and Executive Director, and shall identify that party and include a description of the education, training, and experience of said ecologist/specialist. A qualified ecologist/specialist for this project shall have experience successfully completing dune restoration. 5.10 The City shall endeavor to implement the final approved Restoration Plan pursuant to the approved schedule/timeline as set forth in Table 1 of the Restoration Plan, which contains a more accelerated schedule for implementation than the deadlines listed below, with all work to be completed as early as possible and consistent with recommendations by the consulting resource specialist, designed to both avoid negative impacts on wildlife and on public access. With specific regard to the following activities, at the latest, Round 1 of iceplant removal and planting and seeding shall be initiated by December 31", 2021; removal of ornamental vegetation, excepting iceplant, and removal of all encroachments that can be removed by hand, shall occur by June 30, 2022, except that the encroachment removal described in Section 5.3 shall occur by June 30, 2023; and Round 1 of iceplant removal shall occur by December 31, 2022, and Round 1 of planting and seeding shall occur by December 31, 2022, and Round 2 iceplant removal and Round 2 planting and seeding shall occur by December 31, 2023, excepting that planting that abuts the areas where encroachments will be removed pursuant to Section 5.3 shall occur by June 23, 2023. 12-12 City of Newport Beach Consent Orders Page 5 of 10 5.11 Each annual report, as described in the Restoration Plan, shall include first year photographs. All photographs and exhibits shall be provided as separate jpeg or pdf files. 5.12 The final monitoring report shall include an assessment of whether the project has satisfied the performance standards and, if standards are not met, the report shall propose measures for reaching those standards, including additional seeding/planting and monitoring. The City shall undertake those measures upon approval by the Executive Director. 6 REVISION OF DELIVERABLES The Executive Director may require revisions to deliverables under these Consent Orders. The City shall revise any such deliverables consistent with the Executive Director's specifications, and resubmit them for further review and approval by the Executive Director by the deadline established by the Executive Director. The Executive Director may extend the deadline for submittals upon a written request from the City and a showing of good cause, pursuant to Section 15 of these Consent Orders. 7 RESPONSIBLE PARTIES The Parties and all their successors, assigns, employees, agents, contractors, and any persons or entities acting in concert with any of the foregoing agree to undertake the specific and individual obligations assigned to them herein and to comply with all the applicable requirements of these Consent Orders and therefore shall be subject to the requirements herein. In addition, the Private Parties listed in Appendix A agree to pay the monetary penalties, as listed in Appendix A, provided for in Section 19. 8 SUBMITTAL OF DOCUMENTS All documents submitted to the Commission pursuant to these Consent Orders must be sent to: California Coastal Commission Attn: Andrew Willis 301 E. Ocean Boulevard, Suite 300 Long Beach, CA 90802 WITH A COPY TO: California Coastal Commission Attn: Chief of Enforcement 12-13 City of Newport Beach Consent Orders Page 6 of 10 45 Fremont Street Suite 2000 San Francisco, CA 941051 9 COMMISSION JURISDICTION The Commission has jurisdiction over resolution of these Coastal Act violations pursuant to PRC Sections 30810, 30811, and 30821. The Parties agree not to, and shall not, contest the Commission's jurisdiction to issue or enforce these Consent Orders at a public hearing or any other proceeding by or before the Commission, any other governmental agency, any administrative tribunal, or a court of law. 10 RESOLUTION OF MATTER VIA SETTLEMENT In light of the intent of the Parties to resolve these matters through these Consent Orders, the Parties have not submitted a "Statement of Defense" form as provided for in Sections 13181 and 13191 of Title 14 of the California Code of Regulations and have agreed not to contest the legal and factual bases for, the terms of, or the issuance of these Consent Orders, including the allegations of Coastal Act violations contained in the NOI. Specifically, the Parties have agreed not to, and shall not, contest the issuance or enforcement of these Consent Orders at a public hearing or any other proceeding. In addition, the Private Parties listed in Appendix A have agreed not to contest the validity of these Consent Orders by contesting the commencement of proceedings to issue these Consent Orders without their having first received written notice of commencement of cease and desist order and restoration order proceedings pursuant to sections 13181 and 13191, respectively, of the Commission's administrative regulations. 11 SETTLEMENT VIA CONSENT AGREEMENT In light of the desire to settle this matter via the Consent Orders and avoid litigation, pursuant to the agreement of the parties as set forth in these Consent Orders, the Parties hereby agree not to seek a stay pursuant to PRC Section 30803(b) or to challenge the issuance and enforceability of these Consent Orders in a court of law or equity. 12 EFFECTIVE DATE AND TERMS OF THE SETTLEMENT AGREEMENT The effective date of these Consent Orders is the date these Consent Orders are approved by the Commission. These Consent Orders shall remain in effect permanently unless and until rescinded by the Commission. ' The San Francisco office will be moving soon, please contact Andrew Willis at (562) 590-5071 to obtain the new address if necessary. 12-14 City of Newport Beach Consent Orders Page 7 of 10 13 FINDINGS These Consent Orders are issued on the basis of the findings adopted by the Commission, as set forth in the document entitled "Staff Report: Recommendations and Findings for Issuance of Consent Cease and Desist Order and Consent Restoration Order and Consent Administrative Civil Penalty." The activities authorized and required in these Consent Orders are consistent with the resource protection policies set forth in Chapter 3 of the Coastal Act. The Parties agree that the activities required in these Consent Orders are, and the Commission has authorized the activities as being, consistent with the resource protection policies set forth in Chapter 3 of the Coastal Act. 14 COMPLIANCE OBLIGATION 14.1 Each of the Parties is required to perform work, make payments or take action as required of them by these Consent Orders in strict conformance with the terms and conditions of these Consent Orders. Failure to comply with any term of these Consent Orders required of such party, including any deadline contained in these Consent Orders, unless the Executive Director grants an extension under Section 15, will constitute a violation of these Consent Orders and shall result in the responsible part(ies) being liable for stipulated penalties in the amount of $500 per day per violation. The non -compliant party or parties shall pay stipulated penalties within 15 days of the date of the written demand by the Commission for such penalties, regardless of whether the non- compliant party or parties have subsequently complied. 14.2 If the non -compliant Party or Parties do not comply with the agreed -upon terms of these Consent Orders, nothing in this agreement shall be construed as prohibiting, altering, or in any way limiting the ability of the Commission to seek any other remedies available, in addition those remedies set forth in the prior paragraph, including the imposition of civil penalties and other remedies pursuant to Public Resources Code Sections 30803, 30805, 30820, 30821, 30821.6, and 30822, as a result of the lack of compliance with these Consent Orders and for the underlying Coastal Act violations as described herein. 15 DEADLINES Prior to the expiration of any of the deadlines established by these Consent Orders, the City may request from the Executive Director an extension of that deadline. Such a request shall be made no fewer than 10 days in advance of the deadline and directed to the Executive Director, in care of Andrew Willis at the address identified in Section 8, above. The Executive Director may grant an extension of deadlines upon a showing of good cause, either if the Executive Director determines that the City has diligently worked to comply with its obligations under these Consent Orders but cannot meet deadlines due to unforeseen circumstances beyond its control, or if the Executive Director determines that any deadlines should be extended if additional time would benefit the success of the obligations under these Consent Orders. 12-15 City of Newport Beach Consent Orders Page 8 of 10 16 SEVERABILITY Should any provision of these Consent Orders be found invalid, void or unenforceable, such illegality or unenforceability shall not invalidate the whole, but these Consent Orders shall be construed as if the provision(s) containing the illegal or unenforceable part were not a part hereof. 17 SITE ACCESS The Properties consist of public beach, thus there are no limitations on Commission staff access to the site and the Parties agree not to preclude access to the public beach areas, except in the limited and specific instances provided herein. Nothing in these Consent Orders is intended to limit in any way the right of entry or inspection that Commission staff or any agency may otherwise have by operation of any law. 18 GOVERNMENT LIABILITIES Neither the State of California, the Commission, nor its employees shall be liable for injuries or damages to persons or property resulting from acts or omissions by the City in carrying out activities pursuant to these Consent Orders, nor shall the State of California, the Commission or its employees be held as a party to any contract entered into by City or its agents in carrying out activities pursuant to these Consent Orders. 19 SETTLEMENT OF CLAIMS 19.1 In light of the intent of the Parties to resolve these matters in settlement, the Private Parties listed in Appendix A have agreed to pay a monetary settlement in the amount that they are obligated to pay, as listed in Appendix A, and in lieu of payment of a monetary penalty, the City has agreed to be responsible for, at its sole cost, except as provided for in Section 5.3, above, ensuring implementation of the Restoration Plan. The Private Parties listed in Appendix A shall submit the amount that they are obligated to pay, as listed in Appendix A, in 1 payment per party, within 1 year of the effective date of these Consent Orders. The settlement monies shall be deposited in the Violation Remediation Account of the California Coastal Conservancy Fund (see PRC§ 30823), for the purpose of providing public access improvements or undertaking or maintaining habitat restoration in coastal Orange County, preferably in the City of Newport Beach, and preferably, including, but not limited to, such projects as undertaking dune habitat restoration, providing additional public access and supporting efforts to protect the Western Snowy Plover, including through protecting the plover and its habitat from disturbance. The settlement monies shall be submitted to the Commission's Long Beach office, at the address provided in Section 8, above, to the attention of Andrew Willis, payable to the Violation Remediation Account of the California State Coastal Conservancy Fund, and shall include a reference to these Consent Orders by number. 19.2 The Parties and the Commission agree that these Consent Orders settle any monetary claims for relief the Commission may have against the Parties with respect to the violations of the Coastal Act specifically enumerated in Section 4.3, above, occurring prior to the date of these 12-16 City of Newport Beach Consent Orders Page 9 of 10 Consent Orders, (specifically including claims for civil penalties, fines, or damages under the Coastal Act, including under PRC Sections 30805, 30820, 30821, and 30822), with the exception that, if the Parties fail to comply with any term or condition of these Consent Orders, the Commission may seek monetary or other claims for both the underlying violations of the Coastal Act and for the violations of these Consent Orders against the non -compliant party. In addition, the Consent Agreement does not limit the Commission from taking enforcement action due to Coastal Act violations at the Properties or elsewhere, other than those specified herein, or which occur after the date of these Consent Orders. 20 SUCCESSORS AND ASSIGNS These Consent Orders constitute a contractual obligation between the Parties and the Commission, and therefore shall remain in effect until all terms are fulfilled. 21 MODIFICATIONS AND AMENDMENTS Minor, non -substantive modifications to these Consent Orders may be made subject to agreement between the Executive Director and the City. Otherwise, except as provided in Section 15, above, these Consent Orders may be amended or modified only in accordance with the standards and procedures set forth in Section 13188(b) of Title 14 of the California Code of Regulations. 22 GOVERNMENTAL JURISDICTION These Consent Orders shall be interpreted, construed, governed, and enforced under and pursuant to the laws of the State of California. 23 NO LIMITATION OF AUTHORITY Except as expressly provided herein, nothing in these Consent Orders shall limit or restrict the exercise of the Commission's enforcement authority pursuant to Chapter 9 of the Coastal Act, (PRC Sections 30800 to 30824), including the authority to require and enforce compliance with these Consent Orders and the authority to take enforcement action regarding Coastal Act violations beyond those that are specified in Section 4.3, above. 24 INTEGRATION These Consent Orders constitute the entire agreement between the Parties and may not be amended, supplemented, or modified except as provided in these Consent Orders. 25 STIPULATION The Parties attest that they have reviewed the terms of these Consent Orders and understand that their consent is final and stipulate to their approval by the Commission. 12-17 City of Newport Beach Consent Orders Page 10 of 10 26 REPRESENTATIVE AUTHORITY The signatories below attest that they have the authority to represent and bind in this agreement the Parties. IT IS SO STIPULATED AND AGREED: On behalf of the City of Newport Beach: Y'�ft���`-5/tib'v Gr ce eung, City Manager Date Executed in on behalf of the California Coastal Commission: DocuSigned by: n�„ „e 4 6/22/2020 Jo AjA5W,ggbg. Executive Director Date Appendix A List of Private Parties and Administrative Civil Penalties Exhibit A Depiction of Area Subject to Consent Orders Exhibit B Glenn Lukos Associates, Inc., Restoration Plan dated January 21, 2020 Exhibit C Depiction of Area to be restored to Natural Habitat Exhibit D Depiction of Area Located Adjacent to the Private Properties CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-1 s Appendix A CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 APPENDIX A As described in Section 19.1 of these Consent Orders, the parties listed herein shall submit the amount that they are obligated to pay, as listed below, in 1 payment per party, within 1 year of the effective date of these Consent Orders. 1. 1504/1510 East Oceanfront $96,848.64 2. 1514 East Oceanfront $50,799.02 3. 1516 East Oceanfront $75.912.86 4. 1520 East Oceanfront $6,327.75 5. 1526 East Oceanfront $26,463.35 6. 1556 East Oceanfront $18,268.46 7. 1564 East Oceanfront $14,138.46 8. 1572 East Oceanfront $29,480.59 9. 1576 East Oceanfront $58,601.90 10. 1580 East Oceanfront $63,448.31 11. 1712 East Oceanfront $66,030.98 12. 1714 East Oceanfront $15,979.95 13. 1718 East Oceanfront $69,940.13 14. 1722 East Oceanfront $134,223.96 15. 1724 East Oceanfront $104,525.89 16. 1740 East Oceanfront $75,904.76 17. 1744 East Oceanfront $62,097.53 18. 2020 East Oceanfront $61,116.30 19. 2026 East Oceanfront $36,856.13 20. 2030 East Oceanfront $52,455.09 21. 2042 East Oceanfront $13,999.50 22. 2046 East Oceanfront $20,730.60 23. 2050 East Oceanfront $72, 858.06 24. 2054 East Oceanfront $22,531.64 25. 2060 East Oceanfront $14,184.98 26. 2108 East Oceanfront $95.731.88 27. 2140 East Oceanfront $85,000.00 28. 2144 East Oceanfront $20,795.49 29. 2152 East Oceanfront $112,000.001 30. 2156 East Oceanfront $18,071.71 31. 2166 East Oceanfront $99,000.00 32. 2172 East Oceanfront $12,510.71 1A previous owner of 2152 East Oceanfront has agreed to pay this amount. Addendum Exhibit 1 12-19 CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 1504/1510 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the Lilien Family Trust: —C—,-�nCA � 6 -2g--9-0 Date CCC-2O-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-20 Appendix A CCC 20-CD-02, CCC-20-RO-01, CCC-20-AP-02 1514 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the Wylie A. Aitken Trust: Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-21 Appendix A CCC-20-CD-02, CCC-20-Ra-0I, CCC-20-AP-02 1516 East Oceanfront IT IS SO STIPULATED AND AGREED: O ehalf of the Revocable Trust of Don R. Adkinson and Elizabeth S. Adkinson: yJ�,j� Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-22 Appendix A CCC-20-CD-02, CCC-20-Ro-01, CCC-20-AP-02 1520 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the T & G Trust: . Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-23 Appendix A CCC-20-CD-02, CCC-20-RQ-01, CCC-20-AP-02 *1526 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the T & G Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-24 Appendix A CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 1556 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of Larry R. Haupert and Kristine E. Haupert: CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-25 Appendix CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 1564 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of Hannah S. Kully Date CCC-20-CD-02, CCC-20-R0--01 CCC-20-AP-02 12-26 1572 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of KPMW Integral LLC: r�DocuSigned by: 3FB657E5904F4. _. Name; Craig Manchester Title: Authorized Representative 5/1$/2D I ON CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12.27 Appendix A CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 1576 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the Thomas H. Morgan Revocable Trust May 205 2020 Date On behalf of the Amended and Restated Elizabeth M. Baker Trust Date On behalf of the Pamela Morgan Revocable Trust Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12.28 Appendix A CCC-20-CM2, CCC-20-RO-01, CCC-20-AP-02 I576 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the Thomas H. Morgan Revocable Trust May 20, 2020 Date On behalf of the Amended and Restated Elizabeth M. Baker Trust Date On behalf of the Pamela Morgan Revocable Trust Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-29 Appendix A CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 1576 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the Thomas H. Morgan Revocable Trust Date On behalf of the Amended and Restated Elizabeth M. Baker Trust behalf of the Pamela Morgan Revocable Trust Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-30 Appendix A CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 1580 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of: Akins Family Revocable Trust Dated: June 29,1983 Restated: January 22, 2020 6'-~ ;z1 Zo Xeg Bruce Akins, Trustee Date Carole Akins, Trustee Date CCC-20-CD-02, CCC-20-RO-01 f CCC-20-AP-02 I Appendix A 12-31 1712 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the Govaars Community Property Trust: W'1�am Bramwell Govaars II SkN�20-%j ,-� Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-32 Appendix A CCC-20-CD4)2, CCC-20-RO-01, CCC-20-AM2 1714 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the Hamill Trust: C3 tlxc Date RECEIVED South Coast Region MAY 2 2 2020 CALIFORNIA COASTAL COMivJiSSION CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-33 Appendix A 1718 Ew.st Oceanfront On behalf ol'the Survivims Trust under fhe Joanne.& Roger Kozberg 'Tnj,;t. ,iowmc C. Kozber . Trusuxx Date AND Ort behalf of the Exmptinn "fr€xsst Loader the Ivann , & Roger Ko7berg `i'rust- -x ._.._._.__�? ... ?J,141ne C o.xlbcr2. D AND On bohaJi-of The Cardau Trust_ Step Corday, Trastec Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-34 Appendix A CCC-20-CD-02, CCC-20-Ra0 1, CCC-20-AP-02 1722 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the Therese O'Malley Seidler Trust By John Seidler, as Attomey-in-Fact Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-35 _ Appendix A CCC-20-CO-02, CCC-20-RO-01, CC'C-20-AP-02 1724 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the Stephen E. Thorne, IV .Principal Residence Thorne Principal Residence Trust dence Trust and Pamela AEpal ", -k ,;e - �Z��2 Date 5-- z 2 ZQ Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 Appendix A 12-36 1740 East Oceanfront IT IS SD STIPULATED AND AGREED: On behalf of the D&.I Wc�itaszelc Trust Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-37 Appendix A MAY/22/2020/FRI 09:59 AM The Club at PGA WEST FAX No,760 771 2823 P,001/001 CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 1744 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the Muth Family Trust Date r�r 2, CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-38 Appendix A CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 2020 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the Gordon Family Trust Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-39 Appendix A CCC-20-CD-02, CCC-20-RO-01, CCC-20-AM2 2026 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the Schwartz Children Living Trust Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-40 _._.._ _... _.. ..__.. .-Appendix A CCC 20 CD-02, CCG20-RO.01, CCC-20-AP-02 2030 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the Pauline D. Ventura Irrevocable Trust 7 Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-41 Appendix A CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 2042 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of Edmund H. Shea, Jr., and Mary S. Shea: Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-42 Appendix A CCC-20-CD-02, CCC-20-Ra01, CCC-20-AP-02 2046 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of PUrple Sage NB LLC Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-43 Appendix A CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 2050 East Oceanfront 1T IS SO STIPULATED AND AGREED: On behalf of SMS 2012-1 Irrevocable Trust and DAS 2012-1 lrrcvocable Trust Date 42L Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-44 Appendix A CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 2054 East Oceanfront 1T IS SO STIPULATED AND AGREED: On behalf of Mary E. Buntmann 2011 Revocable Trust, dated August 24, 201 1 : Gary Buntn ann, Trustee Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-45 Appendix A CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 2060 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the R. and A. Matros Revocable Trust: Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-46 Appendix A CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 2108 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of the Thomas H. Morgan Declaration of Trust: .�/ U �11°'�'�- May 19, 2020 Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-47 Appendix A CCC-20-M-02, CCC-20-1tO-01, CCC-20-AP-02 2140 East Oceanfront' IT IS SO STIPULATED AND AGREED. - On behalf of the Collins Family Trust Trust: G Date The encroachment fee for 2140 East Oceanfront shall be paid in two payments. The first payment, which totals $40,000, is due within 1 year of issuance of these Consent Orders, and the second payment, which totals $45,000, is due within 2 years of issuance of these Consent Orders. Addendum Exhibit 2 12-48 CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 2152 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of James Previti: CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-49 Appendix A CCC-20-CD-02. CCC-20-RO-01. CCC-20-AP-02 2156 East Oceanfront IT IS SO STIPULATED AND AGREED: On behalf of NB East Oceanfront LLC.- Ima- a L.�6& MM-A�W CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-50 Appendix A 166 fAst M.C=tront': IT 19 SOSTIPULATW AND A(), R t, 1. 1) on be -Ulf of the A1�7cirs-J�c^r�+�+n-N+�ultrt+ 1 �•y TIrM: he lik tmm*m# 166 1 yerMf isnrnce of C Ordtr�. 7 da�� ml 1w � �#e� �16�r �ei� sa t�►o �r�wr� ���►, k; �„�ei �" AVOID 0 Can" CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-51 Appendix A CCC-20-CD-02, CCC-20-RO-01, CCC-20-AP-02 2172 East Oceanfront 1T IS SO STIPULATED AND AGREED: On behalf of Helle E. S. McLain. Date CCC-20-CD-02, CCC-20-RO-01 CCC-20-AP-02 12-52 Appendix A Attachment C California Coastal Commission Filing Notice of Decision in compliance with Section 21080.5 of the Public Resources Code 12-53 STATE OF CALIFORNIA— CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION 45 FREMONT STREET, SUITE 2000 SAN FRANCISCO, CA 94105-2219 VOICE (415) 904-5200 FAX (415) 904-5400 TDD (415) 597-5885 WWW. COASTAL. CA. GOV NOTICE OF DECISION TO: Office of the Secretary for Resources 1416 Ninth Street, Ste 1311 Sacramento, CA 95814 FROM: California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 SUBJECT: Filing Notice of Decision in compliance with Section 21080.5 of the Public Resources Code DATE: June 26, 2020 The projects and plans on the attached list have been approved by the California Coastal Commission at its meeting of Tune 10-12, 2020. Some of the projects or plans have been approved subject to conditions or suggested modifications which require mitigation measures or alternatives to the projects to lessen or avoid significant effects on the environment. 1. The projects or plans as approved will not have significant effects on the environment. 2. Environmental analysis documents were prepared for these projects pursuant to Sections 21080.5 of CEQA and Section 15252 of Title 14 of the Administrative Code. 3. The records of projects or plan approvals may be examined at the respective district offices of the Coastal Commission as set out on the attached list. 4. Mitigation measures were in some cases made conditions of the approvals of the projects. DocuSigned by: EA36�BEi)94 ;:... Signature Shana Gray Statewide Planning and Policy Analyst Received for Filing: Date: By: c:\Fi1NotDe.doc 12-54 MORE INFORMATION. At the end of the agenda description the author's initials and a code indicating his/her headquarters office are identified (E=Eureka SF=San Francisco SC=Santa Cruz V=Ventura LB=Long Beach SD=San Diego). For more information about this agenda, contact one of the following staff members: E (Del Norte, Humboldt, & Mendocino Counties) Bob Merrill (707) 826- 8950, SF (Sonoma, Marin, San Francisco & San Mateo Counties) Jeannine Manna (415) 904-5250, SC (Santa Cruz, Monterey & San Luis Obispo Counties) Susan Craig (831) 427-4863, V (Santa Barbara & Ventura Counties, Malibu & Santa Monica Mountains) Steve Hudson (805) 585-1800, LB (Los Angeles County) Shannon Vaughn, (Orange County) Amber Dobson (562) 590-5071, SD (San Diego County) Karl Schwing (619) 767-2370, A Telecommunication Device for the Deaf (TDD) is available at (415) 904-5200. 12-55 Coastal Permits and Plans Approved June 10-12, 2020 Page 3 W E D N ES DAY, J U N E 10, 2020 NORTH CENTRAL COAST DISTRICT REGULAR CALENDAR. Application No. 2-19-0555 (Sonoma County Water Agency Estuary Management, Sonoma Co.) Application of Sonoma County Water Agency to re -authorize the Russian River Estuary Management Program which includes construction and maintenance of lagoon outlet channel and sandbar breaching at the mouth of the Russian River to improve fish habitat and prevent flooding in Jenner, Sonoma County. (AB -SF) CENTRAL COAST DISTRICT DEPUTY DIRECTOR'S REPORT. REGULAR CALENDAR. Application No. A-3-SLO-19-0033 (Peoples' Self -Help Housing Affordable Apartments, Cambria, San Luis Obispo Co.) Application of Peoples' Self -Help Housing to construct 33-unit apartment complex including 32 units rented at affordable rate to qualifying low-income families for period of 55 years, one 1-bedroom manager's unit, common building, 61-space parking lot, and associated improvements on undeveloped property at 2845 Schoolhouse Lane in unincorporated community of Cambria in San Luis Obispo County. (BO-SC) 12-56 Coastal Permits and Plans Approved June 10-12, 2020 Page 4 THURSDAY, JUNE 11, 2020 SOUTH COAST DISTRICT (ORANGE COUNTY) ADMINISTRATIVE CALENDAR. Application No. 5-20-0029 (Harder, Newport Beach) Application of Steve Harder to remove 592 sq.ft. floating dock supported by three 14-in. square concrete guide piles and replace with 532 sq.ft. floating dock supported by three 14-in. and one 18-in. square concrete guide piles; and remove and replace 60 sq.ft. gangway with new 78 sq.ft. gangway, at 936 Via Lido Nord, Newport Beach, Orange County. (CP-LB) Application No. 5-20-0040 (Georges, Huntington Beach) Application of Frederique F. Georges to demolish timber and composite cantilevered deck and construct new 40-ft. long concrete deck cantilevered over existing bulkhead, and install 42-in. high glass railing, constructed of anti -bird strike glass, along perimeter of deck, at 16951 Edgewater Lane, Huntington Beach, Orange County. (MV-LB) CONSENT CALENDAR (removed from Regular Calendar). Application No. 5-19-0606 (Outwin & Beals, San Clemente) Application of Brandi Outwin and Jeff Beals to demolish 1,968 sq.ft. single-family home and construct new 2,684 sq.ft., 2-story, 16-ft. high, single-family home with attached 461 sq.ft., 2-car garage on coastal canyon, inland lot, at 304 Avenida La Costa, San Clemente, Orange County. (MV-LB) Application No. 5-19-0228 (Greystar GP II, LLC & LHC Investments, LLC, San Clemente) Application of Greystar GP II, LLC & LHC Investments to demolish golf club house and construct 182,166 sq.ft., 45-ft. high, 4-story, 150 unit senior apartment building, 11,588 sq.ft. single -story golf club house with basement, and new access road, on 8 acre site, at 501 Avenida Vaquero, San Clemente, Orange County. (ES -LB) Permit No. 5-14-0540-A1 (Twomey, Seal Beach) Request by Dan & Pauline Twomey to 1) modify previously imposed Special Condition No. 1 a to allow vehicular site access from Ocean Ave.; and, 2) establish one new, 24-ft. long, on -street public parking space on oceanward side of Ocean Ave. at southwest corner of intersection with Main St.; and, 3) construct 3 level, 4,342 sq.ft., 26-ft. high above existing grade at street level, single-family home with attached 577 sq.ft., 4 car, 2-level garage (using 2 car lifts) with vehicular access from Ocean Ave., on beachfront lot; at 400 Ocean Ave., Seal Beach, Orange County. (MV-LB) 12-57 Coastal Permits and Plans Approved June 10-12, 2020 Page 5 SOUTH COAST DISTRICT (ORANGE COUNTY) DEPUTY DIRECTOR'S REPORT FOR ORANGE COUNTY. LOCAL COASTAL PROGRAMS (LCPs). City of Laguna Beach LCP Amendment No. (LCP-5-LGB-20-0004-3) (CDP Process Update). Public hearing and action on request by the City of Laguna Beach to amend the Implementation Plan (IP) portion of the certified LCP to create new section for waiver of de minimis development, create new section for waiver of public hearings for certain minor development; provide clarifications to existing repair and maintenance provisions; eliminate blanket need for Design Review for all coastal development permit applications; and provide clarification of an entitlement's effective date when a project is appealed to, and approved by, the Coastal Commission. (MA -LB) NEW APPEALS. Appeal No. A-5-LGB-18-0056 (Miura, Laguna Beach) Appeal by Mark and Sharon Fudge of City of Laguna Beach decision granting permit with conditions to Nolan Miura for renovation and addition (with no net increase in square footage) to 4,800 sq.ft. single-family home on ocean -fronting blufftop lot, at 8 Rockledge Rd., Laguna Beach, Orange County. (MA -LB) ENFORCEMENT Consent Cease and Desist Order No. CCC-20-CD-02 (City of Newport Beach et al., Newport Beach, Orange Co.). Public hearing and Commission action on proposed administrative order directing and authorizing the City of Newport Beach to remove private encroachments from public beach located on four city -owned properties in the Peninsula Point area of Newport Beach. (AW-LB) Consent Restoration Order CCC-20-RO-01 (City of Newport Beach et al., Newport Beach, Orange Co.) Public hearing and Commission action on proposed administrative order directing and authorizing the City of Newport Beach to restore, with appropriate native habitat, areas of the beach in the Peninsula Point area of the city that were impacted by the placement of private encroachments. (AW-LB) Consent Administrative Penalty No. CCC-20-AP-02 (City of Newport Beach et al., Newport Beach, Orange Co.) Public hearing and Commission action on proposed imposition of administrative penalties, requiring homeowners in the Peninsula Point area of the City of Newport Beach who placed or maintained private encroachments on public sandy beach to pay penalties for violations of the public access provisions of the Coastal Act at that site. (AW-LB 12-58 Coastal Permits and Plans Approved June 10-12, 2020 Page 6 F R I DAY, J U N E 12, 2020 CONSENT CALENDAR. Application No. 5-19-0592 (Wonderbird Properties California, LLC, Santa Monica) Application of Wonderbird Properties California, LLC to expand and remodel 3-story, 5,934 sq.ft. single-family home with basement, resulting in 3-story, 7,587 sq.ft. single- family home with basement with 290 cu.yd. of grading, at 1024 Palisades Beach Rd., Santa Monica, Los Angeles County. (CS -LB) Application No. 5-19-0996 (Doyle, Venice, Los Angeles) Application of Kelly Doyle for after -the -fact approval of conversion of 441 sq.ft. storage room into accessory dwelling unit within existing 5,899 sq.ft., 35-ft. tall duplex with 6 on -site parking spaces at 25 Lighthouse St., Venice, Los Angeles, Los Angeles County. (AY -LB) Application No. 5-19-1012 (MdR Beach Rental LLC, Venice, Los Angeles) Application of MdR Beach Rental LLC for after -the -fact approval of conversion of 441 sq.ft. storage room into accessory dwelling unit within existing 5,899 sq.ft., 35-ft. tall duplex with 6 on - site parking spaces at 29 Lighthouse St., Venice, Los Angeles, Los Angeles County. (AY - LB) Application No. 6-20-0189 (University of California San Diego Voigt Roundabout, San Diego) Application of UC San Diego to reconfigure 3 way stop to roundabout and construct associated hardscape, landscape, and lighting improvements, at Voigt Dr. and Lyman Lane, La Jolla, San Diego, San Diego County. (ML-SD) CONSENT CALENDAR - (removed from Regular Calendar) City of Encinitas LCP Amendment No. LCP-6-ENC-20-0018-1 (Street Trees). Public hearing and action on request by City of Encinitas to amend its Downtown Encinitas Specific Plan (part of the certified IP) to modify the planting palette and recommendations, design requirements and guidelines for street trees. (CH -SD) Application No. 6-20-0129 (San Diego County Regional Airport Authority Fuel Tanks, San Diego) Application of San Diego County Regional Airport Authority to construct three 1,146,320 gallon, 58-ft. tall and 58-ft. wide fuel tanks on north side of San Diego International Airport, 3225 North Harbor Dr., San Diego, San Diego County. (ML-SD) Application No. 1-19-0278 (Gary & Plaza and Humboldt County) Application of John Gary & Heather Plaza and Humboldt County to implement "Cochran Creek and Quail Slough Fish Passage and Habitat Enhancement Project" involving excavation and placement of fill and planting of riparian vegetation across 14 acres of existing degraded stream habitat and agricultural wetlands to improve habitats for fish and wildlife at 6821 Myrtle Ave., northeast of Eureka, Humboldt County. (MBK-A) 12-59 Coastal Permits and Plans Approved June 10-12, 2020 Page 7 Application No. 9-09-0029 (Chevron, USA, Santa Barbara Co.) Application of Chevron, USA for follow-on permit to 2019 Emergency Permit for repair and replacement of two pier pilings at Casitas Pier, in Carpinteria, Santa Barbara County. (DG-SF) SAN DIEGO COAST DISTRICT DEPUTY DIRECTOR'S REPORT FOR SAN DIEGO COUNTY. NORTH COAST DISTRICT DEPUTY DIRECTOR'S REPORT. ENERGY, OCEAN RESOURCES AND FEDERAL CONSISTENCY ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY. SOUTH CENTRAL COAST DISTRICT DEPUTY DIRECTOR'S REPORT. SOUTH COAST DISTRICT (Los ANGeLes COUNTY) DEPUTY DIRECTOR'S REPORT FOR LOS ANGELES COUNTY. REGULAR CALENDAR. Application No. 5-19-0955 (Lesman, Hermosa Beach) Application of Steven Lesman to demolish 2- story, 925 sq.ft. duplex and construct 2,849 sq.ft., 45-ft. high, 2-story (over basement), single-family home with attached 2-car garage at 3435 Hermosa Ave., Hermosa Beach, Los Angeles County. (AS -LB) 12-60 Attachment D Letter to Property Owners and Residents 12-61 �EvupoR� City of Newport Beach Ok 6 100 Civic Center Drive r+ x Newport Beach, CA 92660 eK '-[Fog December 13, 2021 Re: Peninsula Encroachment Removal and Restoration Plan Dear Neighbor, As you likely know, the City, under Consent Orders (attached) from the California Coastal Commission, is responsible for restoring the beach areas adjacent to private properties from F Street to Channel Road. The City is preparing construction documents to clear the beach of invasive trees, shrubs, lawns, and other non-native plants, as well as other miscellaneous materials, like stepping stones, and then restoring the cleared beach areas with native plants and a hydroseed mix composed of native seeds. Jute netting would also be employed to stabilize the cleared areas while the plants are establishing roots. The project is unusual and we want to keep your apprised of our plans. A common concern for many property owners is the potential for increased sand movement once the area is cleared of the non-native vegetation. To better address this concern, the City will propose to the Coastal Commission a modification to the preliminarily approved plan as follows. All vegetation would be removed at one time using mechanical methods over a 4- to 6-week period. The cleared areas would immediately be planted and then hydroseeded with 100% coverage. The hydroseed mix includes a binder, a botanical glue used in hydroseeding, to stabilize the sand in the cleared beach areas. Additionally, the City is recommending covering the hydroseeded areas with a jute netting that would biodegrade in 12 months. Once the seed germinates and begins stabilizing the restored beach areas, the seeded area will be allowed to naturally diminish to provide open sand spaces as determined by the Coastal Commission. The removals would initiate in September 2022 with the project restoration substantially complete within 4 months. The project would then move into a 5-year monitoring and maintenance program, which may include additional seeding, watering and removal of invasive plants. The City's proposed Restoration Plan will soon be posted on the City's website. With Coastal Commission's approval, the City plans to advertise the project for construction in May 2022 with the construction project award in July 2022. The selected contractor would then begin work in September. Prior to the contractor's start of work, residents are requested to hand carry any furniture/objects from the site that they wish to salvage. Irrigation lines should be cut at the property line and capped off. Please note that vehicles are never allowed onto the beach without City permit. The Coastal Commission's Consent Orders do require twelve properties to remove (hardscape) encroachments that extend beyond their property line onto the public beach. (See Section 5.3 of the attached.) A separate letter will be sent to each of the addressed identified in the Consent Orders to describe options for the removal of these encroachments. 12-62 Again, as this is a somewhat unique project, staff welcomes your questions and comments. Please feel free to contact me (949)-644-3322 or Jim Houlihan (jhoulihan@newportbeachca.gov), Project Director. Sincerely, Robert Stein, Project Manager 949-644-3322 rstein@newportbeachca.gov Attached: California Coastal Commission Consent Orders for the Peninsula Encroachment Removal and Restoration 12-63 Attachment E1 and E2 Postcard to Property Owners and Residents 12-64 Peninsula Encroachment Removal & Restoration Project 12-65 ��EW�Rr O em � Y C'9Cl FORN�P Dear Neighbor, Beginning in Fall, 2022, the City of Newport Beach will remove beach encroachments and non-native vegetation from F Street to Channel Road and restore the area with native plants. Please visit the City's website at the link below for details on the Peninsula Encroachment Removal and Restoration Project: www.newportbeachca.gov/beachrestoration Happy Holidays! Bob Stein, Project Manager 949 644-3322 bstein@newportbeachca.gov 12-66 Q PORT ATTACHMENT F r ` @� City of Newport Beach BUDGET AMENDMENT cA`'F°a P 2021-22 BA#: 22-056 Department: Public Works Requestor: Theresa Schweitzer ❑ CITY MANAGER'S APPROVAL ONLY El COUNCIL APPROVAL REQUIRED ONETIME: ❑� Yes ❑ No Finance Director: Clerk: Approvals Date EXPLANATION FOR REQUEST: To increase expenditure appropriations to fund the Peninsula Point Encroachment Removal Project from the Capital ❑ from existing budget appropriations Improvement Program Oceanfront Encroachment unappropriated Fund Balance. ❑ from additional estimated revenues ❑✓ from unappropriated fund balance REVENUES Fund # Org Object Project Description Increase or (Decrease) $ 012 01299 691010 INTERFUND TRANSFERS - TRANSFER IN GENERAL FUND 101,066.00 Subtotal $_ 101,066.00 EXPENDITURES Fund # Org Object Project Description Increase or (Decrease) $ 012 01201938 980000 22M14 MISC & STUDIES OF - CIP EXPENDITURES FOR GL 101,066.00 010 01099 991012 GENERAL FUND INTERFUND TRANSFR - TRANSFER OUT CIP F 101,066.00 Subtotal $ 202,132.00 FUND BALANCE Fund # Object Description Increase or (Decrease) $ 012 300000 GENERAL FUND CAPITAL PROJECTS - FUND BALANCE CONTROL 010 330010 GENERAL FUND - RES/OCEANFRONT ENCROACHMT (101,066.00) Subtotal $ (101,066.00) Fund Balance Change Required 12-67