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Home My WebLink About26 - Bayview Heights Drainage ImprovementciTY of F NEWPORT REACH City Council Staff Report November 12, 2014 Agenda Item No. 26 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeachca.gov PREPARED BY: Bob Stein, Assistant City Engineer PHONE: (949) 644 -3322 TITLE: Proposed Bayview Heights Drainage Improvement Project ABSTRACT: As requested by City Council at its October 28, 2014 meeting, City staff is providing a summary overview of the proposed Bayview Heights Drainage Improvement Project which is one of a collection of improvement and restoration projects occurring in the Bayview Terrace headlands area. RECOMMENDATION: As offered, staff will receive comments and recommendations from Council. FUNDING REQUIREMENTS: This is currently an approved and funded project in the City's 2014 -15 Capital Improvement Program (page 71) with sources from the OCTA's Measure M2 Grant, the County of Orange and two private property owners. Depending on Council comments and direction, there may be changes to funding requirements. Staff is currently preparing a Professional Services Agreement for City Council's consideration on November 25, 2014 for preparing the necessary construction documents for this project. DISCUSSION: At the October 28, 2014 meeting, City Council requested a briefing on the proposed Bayview Heights Drainage Improvement Project located above the headlands in the Upper Bay. As with many areas around the Bay, the headland area around Bayview Heights has been impacted by erosion, loss of native plants, incursion of non - native plants and a proliferation of illegal trails. As part of a larger, long -term effort by Newport Bay Conservancy, the City, and the County, there are a number of ongoing or proposed projects in the upper bay headlands (see attached aerial map) to address these legacy impacts and, in places, restore the tidal, riparian and upland areas. An outline of potential restoration projects for Upper Bay can be found in Chapter 10 of the City - prepared Integrated Regional and Coastal Water Management Plan. This plan can be found at the following link:P6 -1 (http: / /www. newportbeachca. gov /Modules /S howDocu m e nt.aspx ?documentid =8614) As outlined in Chapter 10, the Upper Newport Bay Upland Restoration Program includes 25 projects along the periphery of the bay in an effort to stabilize slopes, remove invasive plants, remove illegal trails, rehabilitate walking trails, plant coastal sage scrub and cactus scrub, refurbish wetland areas, and create bird - watching lookouts. The proposed Bayview Heights Drainage Improvement Project fits into this overall restoration effort as the project would improve a site that has experienced significant erosion (see attached photo). It appears this erosion began in the early 1950s with the construction of the Bayview Heights — Unit 4 development on unincorporated land. Drainage from a portion of the new tract was directed onto the new streets and then concentrated into a catch basin on Mesa Drive. This flow was then piped under Mesa Drive and released into an open swale flowing onto and through two private properties now owned by Buck Johns (2600 Mesa Drive) and Buddy Cox (2612 Mesa Drive), down a bluff in an erodible and non - engineered channel before draining into Upper Newport Bay. Storm flows have incised a channel between the two private properties that in some areas reaches 15 feet deep. Drainage of concentrated flows over the bluff face in an erodible channel would not be permitted today under current land development codes and regulations. The private property owners approached the City four years ago for advice on how to correct the erosion occurring on their properties. Public Works reviewed the situation with the property owners and explained as the watercourse is on private property, it is the responsibility of the property owners to allow for the storm flows to be safely conveyed across the property including protecting the slope from erosion. Additionally, it is standard practice that once an owner or developer constructs the required drainage improvements and dedicates an easement to the City, the City would be willing to accept those drainage improvements and takeover maintenance of the facility. Understanding the on -going erosion concern and the need to prevent sediment from entering the bay, staff combined efforts with the Newport Bay Conservancy and the County of Orange to try and team with the private property owners and facilitate a long -term and equitable solution for all interested parties. After many years of discussion and looking into solutions, Public Works staff, with the assistance of the Newport Bay Conservancy, developed the following strategy to move the project forward. If the three property owners (Buck Johns, Buddy Cox and County of Orange) agreed to pay a consultant to prepare the construction documents (drawings, specifications, easement documents, environmental documents and permit applications), the City would agree to 1. Hire and manage the design consultant (estimated design consultant fee: $180,000). 2. Assist the consultant with answering questions from the resource agencies (Coastal Commission, Regional Water Quality Control Board, Department of Fish and Wildlife and US Army Corps of Engineers). 3. Apply for a Measure M grant to fund the construction. 4. Advertise the project for construction (estimated construction cost: $275,000). 5. Manage and inspect the project. 6. Manage the Measure M grant. 7. Accept the facilities once the project is successfully completed. Because of the complex permitting, multi -party coordination and grant requirements, it is expected that staff will spend considerably more than average time managing the project. The City's contribution to this project is then approximately $305,000 in grant funding as well as an estimated $30,000 to $50,000 in staff resources to oversee, facilitate and manage the project. With an agreement in concept by all parties on the above outlined plan, the City developed a concept plan (see attached) and prepared an application to the Orange County Transportation Authority for a Measure M water quality grant that has now been approved and awarded for $305,000. Of this grant, $30,000 is slated towards the project's design effort and $275,000 for the project construction. Under the provisions of the grant, the design needs to be completed and the City must award the construction contract by June 30, 2015. The City has now prepared and circulated a cost sharing agreement to the three property26 -2 owners stipulating a $50,000 contribution from each owner as per prior discussion. At the property owner's requested meeting on October 28, 2014, both private property owners are requesting partial relief of their contributions and requesting that the City contribute additional funding for preparation of the construction documents. Staff has requested consultant proposals for preparing the construction documents. Proposals will be received on November 10 and be evaluated in the morning of November 12. Staff will be able to brief Council in the evening on the design costs. ENVIRONMENTAL REVIEW: Staff recommends the City Council find discussion of this potential project is not subject to the California Environmental Quality Act ( "CEQK) pursuant to Sections 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. 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). ATTACHMENTS: Description Attachment A - Bavview Heights Drainage Improvement Project & Adjacent Restoration Projects Attachment B - Photo of Erosion Attachment C - Measure M Restoration Concept Plan 26 -3 GI F Z W 2 U Q r a m z w U Q H Q N air QA LL Z 2 0 �y 3: 0 gug er ` a `• 1 . -in W • �' W H ar r i 0 a z w a r �m