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HomeMy WebLinkAbout10 - Orange Coast River Park Memorandum of AgreementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 November 14. 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Memorandum of Agreement (MOA) — Orange Coast River Park ISSUE: Should the City continue its participation in the planning of the Orange Coast River Park via a new Memorandum of Agreement? RECOMMENDATION: Authorize the Mayor to execute a Memorandum of Agreement (MOA) substantially similar to the attached draft MOA with the County of Orange and the cities of Huntington Beach and Costa Mesa regarding the Orange Coast River Park. DISCUSSION: The City has participated in planning the Orange Coast River Park (OCRP) since 2001. The 1,000 -acre Park is proposed along the Santa Ana River and the coastline between Newport Beach, Huntington Beach, and Costa Mesa. The 15 -acre Sunset Ridge Park at Superior and West Coast Highway is considered to be part of the overall OCRP, because the OCRP will link (but not take authority over) park components in each participating city. For more information about the proposed park, see the attached presentation or www.fhbp.org. Minutes of a previous study session (March 2003) also show the City's discussion about the OCRP. The Park's support group —the Orange County Friends of Harbors, Beaches, and Parks (Friends of HBP) — has asked via a letter from Friends of HBP President Jean Watt that our city and other Park partners enter into an updated Memorandum of Agreement regarding the Park and its planning. The MOA speaks to consistent and cooperative OCRP MOA November 14, 2006 Page 2 planning, as well as city staffs attendance at quarterly OCRP Steering Committee meetings. We have been attending most of these meetings to date. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item maybe noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Submitted by: J " C, Dav&*iff Assistant City Manager Attachments: 1 — Letterfrom Ms. Watt 2 — Minutes from City Council Study Session of March 11, 2003 3 — PowerPoint Presentation on the OCRP 4 — Draft MOA for Orange Coast River Park Planning FHBP Board Of Directors Jean Watt, President Alice Sorenson, Vice President Don Thomas, Treasurer Carolyn Wood, Secretary Stephanie Barger Garry Brown Debra Clarke' September 29, 2006 The Honorable Don Webb Mayor, City of Newport Beach 3300 Newport Blvd. . Newport Beach, CA 92663 Subject:, .. . RQxiw ed Approval of Memorandum of Agreement For Orange Coast River Park. Dear Mayor Webb and members of the City Council: Heleh Higgins The Friends of Harbors Beaches and Parks have continued work on a Master Flossie Horgan Bob Joseph " ` Development Plan for `Orange Coast River. Park since 1998 and are now ready Lon Kiesser . to pursue greater funding opportunities through grants and private donations. Stephanie Pacheco Theresa Sears Staff from each urisdiction.bord the regularly J enng Proposed park have metre art to Mike Wellborn review native habitat and recreational resources and are now requesting' a Supporting o,rrgganizations formal declaration for this. finaucial planning effort. Amigos de Bolsa Chica Audubon, Sea & Sage Chapter Thy Y ou for your continued s upport of o pen space and recreational Bolsa Chica Land Trust The attached-subject MOA addresses the following: CA Native, Plant Society, OC Chapter • . Cooperative planning efforts will assure a review process for Gaspers eers ness Park improvements and recognition for partnerships in Orange Volunteers Earth Resource Foundation Coast River Park, Equestrian Coalition of O.C. Nature Center •. Financial o ppo rtunities to part participate in application for grant Huntington Beach. Wetlands" funding and subsequent awards to accomplish the project Conservancy &Wildlife CareCenter efforts' Laguna Canyon Conservancy > Laguna Canyon Foundation Partnerships with support non -profit agencies and each Laguna Greenbelt, Inc. Newport Conservancy - - ujisdiction t0 ce the habitat values and recreational J enhan Sierra Club, Orange County Group e7[pCriences in OCRP: Surfrider Foundation, Newport Beach Chapter Stop Polluting Our Newport Upper Bay Naturalists & Friends The strategic plan for OCRP requires that participating agencies be afforded St. Mark Presbyterian Church opportunities to participate in the application. for funding as outlined in this Ecophalans . request. It further plans public education and signage that recognizes the MafiaAdvisory Board Marian Bergeson relationship of each jurisdiction with the P J . proposed. Orange Coast River Park. Connie Boardman This is projected to save considerable funds for each jurisdiction in annual Marilyn Brewer Roy &Ilse Byrnes operating and maintenance and long term 1 P� g g planning. Laura Cohen Joe Sandy G enis Thy Y ou for your continued s upport of o pen space and recreational Louise Greeley Sh' I ' G ' Al opportunities for the residents of Orange.County: re nn e Torn arrnan Evelyn "Hart Sincerely, Jack Keating Vic Leipzig ZZIAZZ7— Matt Rayl Claire Schlotterbeck" Dan Silver can Watt, President Jack Skinner, M.D.. Nancy Skinner Friends Of Harbors, rs, and Parks Jan Vandersloot, M.D. Dick Zembal FHBP Friends of Harbors; Beaches & Parks - - P.O. Box 9256 Newport Beads, CA 92658 (949)399 -3669 City of Newport Beach Study Session Minutes March 11, 2003 2. PRESENTATION BY SUPPORTERS OF THE ORANGE COAST RIVER PARK. Nancy Gardner, Orange Coast River Park Committee, thanked the City Council for the opportunity to make a presentation on how the Orange Coast River Park (OCRP) can enhance the value of the community. She stated that the park can provide a nearby alternative for getting away from urban life. Ms. Gardner introduced Lena Hayashi. Using a PowerPoint.presentation, Ms. Hayashi stated that the OCRP is a proposal of the Friends of the Harbors, Beaches & Parks (FHBP). She thanked the cities of Costa Mesa, Huntington Beach and Newport Beach, the County of Orange, the California State Coastal Conservancy, and the Friends of Harbors, Beaches & Parks members and donors for their assistance in creating the proposal. She stated that the FHBP is a nonprofit corporation, established in 1997, whose mission is to preserve, enhance and expand parks, trails, open space and coastal recreation facilities in Orange County. Ms. Hayashi stated that the proposal is for a 1,000 -acre park in the heart of the densely urbanized central coastal area of Orange County, along the Santa Ana River. She displayed an aerial photo of the area. Ms. Hayashi stated that most of the land is publicly owned and intended for open space purposes, and that she would be displaying a series of maps showing the proposed area. The northern end of the park is currently Fairview Park in Costa Mesa and a master park plan is being finalized. To the south of that is an area along the Santa Ana River with two bike trails, one on either side, of the river. Ms. Hayashi stated that the next area is the Talbert Preserve South, which is owned by the County .and was restored to native habitat in the 1080's: The. second restoration phase was stopped due to the County bankruptcy in 1994. She stated that it is hoped that this project will be completed, and that it includes the site for the proposed bioremediation "ponds, which could improve the water quality in the area. Ms. Hayashi continued displaying maps and photos of the proposed area for the park and stated that the southern portion includes the Banning Ranch area; which is privately owned by a group of oil companies. She stated that the Sierra Club's Banning Ranch Park & Preserve Task Force is attempting to get an assessment of the land, so that they can purchase it and include it in the OCRP. She additionally noted an area in the southern portion of the proposed park that has recently undergone a salt water marsh restoration by the U. S. Army Corps of Engineers, but is currently inaccessible. Ms. Hayashi stated that the area up the coast consists of approximately 150 acres of historic wetlands and that the Huntington Beach Wetlands Conservancy is making great progress in acquiring the lands. The conservancy will then restore the area, as they have already done in the Talbert Marsh area. Ms. Hayashi displayed a map of Sunset View Park, owned by the City of Newport Beach, and stated that it will provide a staging area for entrance into the OCRP. She acknowledged the success of obtaining the CalTrans West, or Sunset Ridge, land for park use. Ms. Hayashi stated that the goals of the OCRP include restoring the historic ecological staircase, to extend a seamless passageway to the coast for inlanders and to create an oasis of tranquility for residents and visitors. She stated that the ecological staircase consists of the surf zone, the beach, the dunes, the intertidal river, the marshes, the willow forest, the grassland and scrub, the Volume 56 - Page 2 INDEX Orange Coast Ri' Park (62) City of Newport Beach Study Session Minutes March 11, 2003 INDEX riparian and the vernal pools. She stated that the area has varied habitat and the opportunity to restore it should not be missed. Additionally, the opportunity for public access would be priceless. Ms. Hayashi displayed a map showing the access points from the major streets to the park and the staging areas, which would include parking and restrooms. She stated that some of these are already in place. She additionally pointed out the locations where park access is constrained. She stated that the purpose of the OCRP Committee is to provide continuity for the open space designations and restorations that are taking place. She displayed photos, which showed what the area could look like. She stated that some of the many benefits of the OCRP include greater public access and visitor enjoyment, and enhanced flora and fauna. She stated that studies have shown that isolated parks do not have the habitat value of a larger piece of land. She listed some of the other benefits of the OCRP concept. Ms. Hayashi stated that the cost of the park, who would pay for it and how long it would take to complete are remaining issues. She stated that the park could cost $20 to $100 million, with each agency sharing in the cost of ownership and management. She noted that State and Federal grants would likely pay for most of the cost, and that much of the park is already underway with the Fairview Park and Talbert Preserve already in place, and the progress mentioned earlier of the Huntington Beach Wetlands Conservancy. Ms. Hayashi stated that the initial purpose of the OCRP Committee has been accomplished. Ideas were presented and feedback was received, and the plan document was finalized and submitted for preliminary approval to the agencies involved. She stated that the OCRP Committee will now work on obtaining the commitment of a contact person from the three cities and the County, and move forward with the concept plan. Ms. Gardner noted that the contact person will help with communication and provide for a group effort as the bond funds are sought. Ms. Hayashi stated that the basic premise of the OCRP is for the agencies to retain ownership and authority of their own parks, but to work in partnership for management of the OCRP. Mayor Bromberg noted that it's an interesting concept to develop a park that borders three cities. Mayor Pro Tem Ridgeway asked if the City's plan for an active park at the CalTrans West site is inconsistent with the OCRP plans. Ms. Gardner stated that it is not and supports the concept of having consistent management of the entire area. Mayor Pro Tem Ridgeway confirmed with City Attorney Burnham that giving money to the FHBP doesn't impair his ability to discuss the issue at the current meeting. Mayor Bromberg stated that he's a member of the FHBP. City Attorney Burnham confirmed that he is not on the Board of Directors and stated that he is also not impaired from discussing the issue. Mayor Pro Tem Ridgeway stated that approximately two-thirds of the Banning Ranch area is expected to be dedicated to open space. He stated that money could be saved by not trying to purchase the land and, instead, trying to work Volume 56 - Page 3 City of Newport Beach Study Session Minutes March 11, 2003 through the process. Ms. Gardner stated that they are more concerned about the wetlands and the bluffs and not so much the mesa, although they would prefer the entire area to be a part of the OCRP. Ms. Gardner stated that they are expecting to open the communication channels with the developer again. Mayor Pro Tem Ridgeway encouraged it and acknowledged those involved with the OCRP concept. Mayor Bromberg asked Ms. Gardner for her expectations from the City of Newport Beach, other than the commitment of a contact person. Ms. Gardner stated that the City has already given money, but that any kind of endorsement of the project and participation in the grant process would be appreciated. Mayor Pro Tem Ridgeway suggested that the City Manager designate a contact person from the City. City Manager Bludau confirmed that the City Council agrees to the concept of the OCRP. Ms. Gardner stated that the next step will be to get the master plan finalized. City Manager Bludau confirmed with Ms. Gardner that her committee already has someone who is working on the grants. Council Member Proctor stated that he owns property in the area and asked for a clarification on his participation. City Attorney Burnham stated that since it is only the concept that is being discussed, his participation is not a problem. Council Member Proctor stated that he supports the concept of the OCRP. Council Member Webb asked if an active park could be included in the plans for the Banning Ranch area. Ms. Gardner stated that compromises will be expected along the way and that it is possible. Mayor Pro Tem Ridgeway reminded Ms. Gardner that active parks need parking, and that parking is also needed for the OCRP. Philip Bettencourt, on behalf of the Banning Ranch property owners, stated that the Banning Ranch entitlement process has been on hold but that the existing plan does set aside approximately 2D0 acres, or half of the area, for open space and habitat restoration. He stated that there is agreement on the trail network on the bluff face, the protection of the two arroyos and the restoration of the wetlands. Mr. Bettencourt stated that having the FHBP involved in the planning process is supported, but that the rights of the property owners must also be remembered. He concluded his comments by stating that they want to work together with the FHBP. Tom Billings acknowledged the efforts of those involved with the OCRP and hoped that the plans would continue to move forward. Mayor Pro Tem Ridgeway stated that the City has sixteen oil wells in the area and due to the revenue generated, will do everything to protect the asset. 3. RECENT MUNICIPAL ELECTION — CONSIDERATION staten!'mi ttempted to provide some consideration in response to the issues t a nd during Volume 56 - Page 4 INDEX Election Regulations (39) `05Tp MFSy -.. Memorandum of Agreement Orange Coast River Park Whereas, it is within the public interest that local governments communicate effectively on matters of mutual interests;.and Whereas, Orange Coast River Park ( "OCRP ") is a proposed future park involving component areas from four jurisdictions, which are the cities of Newport Beach, Huntington Beach, Costa Mesa; and the County of Orange; and Whereas, it is within the mission and purpose of those jurisdictions within the proposed area of the OCRP to cooperate in order to plan connective trails, and develop consistent policies and stewardship protocols.in the area, and Whereas; it is believed the, public will be better served by, cooperative planning, and shared goals and objectives, including but not limited to funding opportunities such as . with future applica tons 'for grant funding; and Whereas, the OCRP Steering Committee has been established in partnership with Friends of Harbors; Beaches and-Parks with staff rep)esentation from all four jurisdictions, the Huntington Beach Wetlands Conservancy and others, NOW, THEREFORE, BE IT RESOLVED that the undersigned agree to the following: All undersigned will provide one another copies of any new park plans or modifications in. those parks within and adjacent to OCRP and will provide the OCRP Steering ' Committee an opportunity to review and comment prior to approval; and All undersigned will be given equal opportunity by OCRP to participate in the application process for park improvements for any part of the OCRP; and All undersigned.will make use of opportunities to promote the concept and name "Orange Coast River Park° and the associated logo whenever and wherever appropriate . and practicable;�and r All the undersigned will continue to appoint a staff representative to the OCRP Steering Committee; and Any undersigned may withdraw from this agreement with written 30 day notice to all . other undersigned parties and any modifications or additional signatodes.wiil be achieved through consensus in writing.