HomeMy WebLinkAbout26 - Bayview Heights Drainage Improvement - PowerPoint (Public)BAYVIEW STORM DRAIN SYSTEM
PROJECT FUNDING
27 ACRE DRAINAGE AREA
November 12, 2014
Agenda Item No. 26
COUNCIL IS REQUESTED TO APPROVE THE FOLLOWING
FUNDING SCHEDULE:
1. OCTA funding construction costs up to grant
amount — Approximately 300K.
2. OCTA funding 30K in engineering costs
3. County Parks funding 50K in engineering costs
4. Nearby affected property owners paying 25K each for a
total of 50K
5. City funds remaining costs.
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1) The affected tributary drainage
area is located in the
Bayview Heights Community, which encompasses
approximately 27 acres of watershed area.
2) The storm drain will be backfilled to match adjacent
grades and planted with native -type vegetation as
approved by the resource agencies.
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3) A natural treatment wetland will be constructed at the
lower reaches of the project.
4) The wetland will be designed to remove pollutants and
trap sediment before entering the Upper Newport Bay to
improve water quality.
5) The new system will process the raw discharge from an
existing storm drain outlet and direct the flow to a riparian
natural treatment system -- effectively stopping the large
quantities of sediment and pollutants currently dumping into
the Upper Newport Bay Ecological Reserve,
6) This system will act as a natural filtering plant for urban
runoff from the streets of the Bayview Heights community,
which was annexed into the City of Newport Beach in January
of 2002.
7) The affected runoff and system will capture metals,
sediment and other pollutants found in the streets and
trap these pollutants loads before they enter into
sensitive marsh and mudflat areas along the Upper
Newport Bay.
8) The system will stop the erosion of native soils and the
entry of thousands of cubic yards of sediment into the
into the Upper Newport Bay.
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9) The eroded zones will be restored to original elevations and
revegetated with a diverse array of native plants, thereby enhancing
the natural habitat which will lead to better habitat for birds (e.g.
Anna's hummingbird), small reptiles and amphibians (e.g. western fence
lizard and Pacific tree frog) , and invertebrates, including various
species of of butterflies.
10) The constructed wetlands will have intermittent flows and will also
provide habitat for cattails, sedges and native herbs.
1 1) The project will significantly improve the water quality and
reduce the amount of both dry weather and storm water flows into the
Upper Newport Bay. The project will eliminate future erosion by
conveying flows into an underground storm drain which will outlet into
an energy dissipater that will enter into bioswales before reaching the
bay. Eroded areas will be replanted with native vegetation.
12) In 2010, the ACOE spent over $50 million dollars dredging
100,000 cubic yards of mud from the Bay. This work will reduce future
dredging.
13) The partners of this project are dedicated to improving the water
quality and natural habitat for the Upper Newport Bay and surrounding
areas.
CURRENT LEGAL LIABILITY OF CITY TO PROPERTY OWNERS ELIMINATED
Public Entity Liability: A public entity can be liable for negligence or
inverse condemnation for stormwater discharges from a public
improvement.
If the source of the uphill stormwater is a public improvement (for example, a
drain or pipe owned or maintained by a public entity), the public entity can be held
liable for damages under the modified civil rule discussed above. In addition, the
public entity can be held liable under an inverse condemnation theory. "Inverse
condemnation liability ultimately rests on the notion that the private individual
should not be required to bear a disproportionate share of the costs of a public
improvement."" Under this cause of action, the downhill owner would be required
to prove that the public entity's conduct with regard to its public improvements
posed an unreasonable risk of harm to the downhill property, and that the public
improvements were a substantial cause (but not necessarily the sole cause) of the
damage to the downhill property.'
Article Excerpt From:
http: / /www.beriiner.com /article /Who_is_ Responsible_ When_ Uphill_ Stormwater _Causes_Downhill_Damage
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