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Home My WebLink AboutSS3 - Buck Gully ErosionCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Item No. SS3 September 22, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 - 644 -3323 or ilee @newportbeachca.gov SUBJECT: STATUS OF THE BUCK GULLY EROSION CONTROL PROJECT RECOMMENDATION Review the issues at hand and give direction on further action, if any. BACKGROUND The City has been taking a proactive approach in Buck Gully to address erosion concerns occurring in the reach south of Coast Highway, especially near the mouth of Buck Gully. Most of Buck Gully within this reach lies within private property. While there doesn't appear to be an immediate threat to houses, there is a concern that a large storm event could move large quantities of material out of the streambed that in turn could cause slopes to fail and potentially threaten homes. The underlying cause of the problem appears to be related to the upstream development that has reduced the supply of sediment that filled in the streambed eroded during the high velocity portion of storm flows. Installing gabion protection similar to that used in Morning Canyon would protect Buck Gully from further erosion. As there were prior grant funding opportunities available for such projects, the City applied for and received grants in 2003 and 2004 that have in large part been able to fund a design effort to control the erosion in Buck Gully. The project would be constructed in the flood plain of the canyon and would entail installing three gabion drop structures to re- establish the streambed in the center of the canyon. It would also install several weirs to move the streambed away from a steep slope where the stream makes a big bend. The project would also remove the dense invasive plants and replant with native species, which should have a secondary benefit of reducing the fire hazard in this reach of the canyon. The design is almost complete and the construction cost has been estimated at about $2 million. Council has approved $1.2 million from the General Fund to provide the SUBJECT: BUCK GULLY EROSION CONTROL PROJECT STATUS UPDATE September 22, 2009 Page 2 necessary matching funds. The remaining funds were anticipated from a Prop. 84 grant awarded to the City earlier this year. Funding of this grant has been delayed due to the state's current economic woes. If grant funding is received, the intent is to construct the project at no cost to property owners. Twenty -six property owners will need to grant easements within the flood plain in order to construct the project and herein lies the problem. ISSUE AT HAND We are finding that many Buck Gully property owners do not share our sense of urgency nor appreciate the funding opportunity to address this erosion issue. In addition to continual telephone conversations, meeting with property owners and project proponents, staff has conducted a number of public informational meetings on March 24, April 2, and October 1, 2008, and February 6, 2009 and has sent out correspondences on June 19, 2008, December 9, 2008 and June 12, 2009 explaining the project and the opportunity to have the City completely fund the project including the design, environmental documents and permits. Based on these extensive efforts, only 10 out of the 26 property owners have submitted the needed easements. Without the easement agreements, the City cannot submit resource agency permit applications and therefore the project is on hold. Property owners have raised several reasons and concerns for not executing the easement agreements. • Some property owners do not think there is a real threat. • Some property owners are not familiar with easements and are afraid that they might be giving away something important. • Some property owners perceive easements as a loss of development rights. • Some property owners feel the easement has undesirable effects to their property's marketability. • Some property owners did not want to see the existing vegetation removed and felt the improvements would impact the canyon's beauty. • Owners are concerned about the cumulative effects of the Planning and Fire Departments restrictions. Since this project introduces two different types of erosion control measures — the upstream bendway weirs and downstream gabion structures — staff looked into the feasibility of constructing only the upstream or the downstream improvements. Research showed the upstream canyon to be the most susceptible to slope failure, while the downstream improvements are imperative to prevent further headcut migration. Moreover, the properties that provided easements are not concentrated in an area that would allow for a partial project. Staff is currently compiling another mailer for the property owners to attempt to better address these concerns and to highlight the opportunity of the City's proposal to construct a project to protect their properties and the integrity of the canyon at no cost SUBJECT: BUCK GULLY EROSION CONTROL PROJECT STATUS UPDATE September 22, 2009 Page 3 to the property owners. The mailing will also state that if this project does not move forward soon, it is likely that the grant and general funding will be closed or reallocated to other projects. To preserve those funding for other desirable City improvements, property condemnation to protect the private canyon is not suggested. Should property owners want this project in the future or if slope failures occur, the improvements may need to be funded through a private source. The City would not be liable for repairing any damages or covering any private property costs. As a result of owners' reluctance to provide the necessary easement and environmental construction constraints, August 2010 would be the next opportunity to construct this project. All easement documents must be secured by November 2009 to make this date. Buck Gully Tentative Project Schedule: Secure easement agreements Adopt environmental documents Obtain regulatory agency permits Advertise and award project Start construction Prepared by: Iris Lee, P.E. Senior Civil Engineer November 2009 January 2010 June 2010 July 2010 August 2010 Submitted by: Stephen G. Badum Public Works Director Buck Cully Erosion Control Protect Morning Canyon Slope Failure -1997 Project Morning Canyon Slope Failure -2005 I Z V Buck Gully El Nino 1991/1998 w. r Bully Erosion Control Project Buck Gully Problem Areas Purpose a Benefits Primary Purpose: — Erosion Control & Canyon Stabilization • Gabion Structures • Bendway Weirs • Grading • Auxiliary Benefits: — Fire fuel modification • Invasive and excessive plant material — Water quality enhancements • Subterranean Wetlands :,- Ma cooO O a CL Now O C Cp Cp r•r CR Artist Rendering - Before iect Artist Rendering -After Artist Rendering —1 Year After Easements • Permanent Easements — Install & maintain structures • Temporary Easements — Construction & grading use • Need easements from 26 properties — 12 properties committed Permanent Easements •= Easements Received Temporary Easements = Easements Received �EJ�RT Buck Gully Erosion Control Project Owner Concerns about Easements • Threat not imminent • Not comfortable providing rights to City • Vegetation removal & aesthetics • Effect to home value • Planning & Fire Department Restrictions • Loss of development rights Funding • Over $700,000 awarded from Prop. 84 • $25,000 committed from MiOcean • Plans and environmental documents prepared Schedule • Easements - November 2009 • Environmental document approval- January 2010 • Regulatory agency permitting —June 2010 • Bid advertising —July 2010 • Start construction — August 2010 What should be done next? • Mailer to property owners? • Place a deadline on easement acquisition? • Reallocate general fund? • Forfeit Prop. 84 grant funds? • Shelve project? — Assessment district, if needed, at a later date Buck Gulty Erosion Project Status Update