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HomeMy WebLinkAbout14 - American Legion Marina DredgingAgenda Item No. 14 October 11, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Chris Miller, Harbor Resources Manager APPROVED: TITLE: Cost Sharing to Dredge the American Legion's Marina ABSTRACT: The American Legion operates Post 291 on City -owned property under a long -term lease. Under the lease, the American Legion is required to perform all dredging activity within their marina. The American Legion asked the City to contribute 50% of the costs for dredging to allow them to take advantage of the unique opportunity afforded by the Rhine Channel Dredging Project. In exchange, the American Legion agreed with the City that any action to refurbish the marina's vertical sea walls could be deferred for at least seven years. Due to the tight time lines associated with the Rhine Channel Dredging Project, and associated disposal at the Port of Long Beach, the City Manager tentatively agreed to this 50 -50 sharing of costs, but he wanted to bring this matter to the City Council to affirm the action. RECOMMENDATION: Affirm the City Manager's decision to contribute 50% of the dredging costs to dredge the American Legion's marina. FUNDING REQUIREMENTS: Under this 50 -50 sharing concept, the City would expend up to about $70,000 to help dredge the marina, remove and replace piles, and relocate (temporarily) portions of the American Legion Marina. The current Contract No. 4555 to Dutra Dredging Company includes sufficient funding for this Change Order via the Construction Contingency Account which has not yet been used for the project. 1 Cost Sharing to Dredge the American Legion's Marina October 11, 2011 Page 2 Account Description Rhine Channel Dredging Construction Contingency Proposed uses are as follows: Vendor Dutra Dredging Company Dutra Dredging Company To Be Determined DISCUSSION: Account Number Amount 7231- C4402004 $3,369,555 7231- C4402004 $ 517,561 Total $3,887,116 Purpose Amount Dredge 2,800 cubic yards $ 53,200 Remove and replace 10 piles $ 64,030 Remove and reattach marina TBD Total (to date): $117,230 As part of the City's Rhine Channel Dredging Project, the American Legion's bayward most slips were also included to be dredged because: (1) the property is owned by the City with a long -term lease to the American Legion, and (2) the marina has elevated levels of mercury which complicate the disposal process if the American Legion were to dredge on their own. Therefore, the original dredge plan calls for dredging beneath 16 slips, and removing and replacing 16 new concrete piles in the same consistent manner as the other private slips in the Rhine Channel Project. (See attachment B.) However, the American Legion has a greater need to dredge the inside portion of their marina, and they requested that the City investigate the possibility of additional dredging during this same effort. Since the dredging equipment would already be mobilized, and a disposal site has been secured, the American Legion felt it was prudent to take advantage of this unique opportunity by dredging a larger portion of their marina. In response to this request, the City's engineer for the Rhine Project, Anchor QEA, determined that the dredge footprint could be enlarged to cover approximately half of the inner marina in order to keep a recommended 30' from the seawall and groins that surround the marina. The seawalls and groins, in their current condition, have a limited lifespan, therefore making this 30' buffer zone a critical component of the dredge design. Another byproduct of the additional dredging is to remove and replace an additional 10 piles in the inner lagoon. After a series of meetings with the City and the American Legion, the City Manager sent a Letter of Intent to the American Legion memorializing his offer to contribute 50% of the costs related to this additional dredging effort (approximately 2,800 cubic yards). In exchange, the City and the Legion would agree that restoration of the marina's vertical seawalls is not needed for at least seven years (See Attachment C.) The American Legion accepted this offer in a letter dated September 14, 2011. (See Attachment D.) 2 Cost Sharing to Dredge the American Legion's Marina October 11, 2011 Page 3 Because the Rhine Channel Project is ahead of schedule, and because of the lead time involved in ordering (manufacturing, shipping) 10 additional piles, the City Manager authorized the sharing of 50% of the project's costs prior to this evening's Council meeting. Therefore, a Change Order was issued to Dutra on September 29, 2011, for the additional dredging of 2,800 cubic yards, and the removal and replacement of 10 additional piles for a total of $117,230. Dutra has also determined that a portion of the docks must be removed then reattached in order to facilitate this additional dredging effort. Because the costs for removing and reattaching the docks are unknown at this time, and because this effort was not time critical, the City and American Legion are exploring the options of either Dutra or a local third party dock contractor performing this work. This decision will be made in the following weeks. ENVIRONMENTAL REVIEW: The City prepared a Mitigated Negative Declaration for this project that was reviewed and approved by the City Council in July 2010. 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). Suhmitted hv- Attachments: A. Vicinity Map B. American Legion Additional Dredging and Pile Replacement C. City Manager's Letter of Intent D. American Legion's Acceptance Letter 3 ©W .I Construction Staging Area Proposed Debris (Lower Castaways) Offloading Area BAYaSNORES LIDO ISLE 19F SV �t Wer �'rvoon BAY �'@q�o ���ti n:a ggLBOA ISLAND ova 9q rcogM 1 R41R sou oFi mneorvry LEGEND: Proposed City Dredging Area (Project Area) A� ® City Areas Not Proposed for Dredging \ Federally Managed Navigation Area (Approximate) - Actively a C/"/ A Maintained and Proposed for Dredging C -- O C z ®Federally Managed Navigation Area (Approximate) - Not Currently E A Maintained and Not Proposed for Dredging Federal Project Lines (Approximate) -' SOURCE: Base map prepared from GIS files obtained from the City of Newport Beach and site delineation provided by the USAGE. ANCHOR 0 1600 ODA Sca a In Feet Figure 3 USACE and Proposed City Lower Newport Bay Dredging Areas Rhine Channel Contaminated Sediment Cleanup Attachment A N r kzANCHOR OEA Figure 1 Additional Dredging and Pile Replacement (9 -30 -2011) American Legion Post 291, Newport Beach, CA Attachment B 5 �0� `��?@ CI rY O I�1EWI'OP�T SEACI I \ \41.IFp Rte\? August 23, 2011 DELIVERED ViA U.S. MAIL & ELECTRONIC -MAIL: socalspriggs @aol.com Steven Spriggs, Commander American Legion Newport Harbor Post 291 215 East 15th Street Newport Beach, California 92660 RE: Proposed Dredging Cost Sharing at the American Legion Marina Dear Mr. Spriggs: Thank you for meeting with me and City staff on Thursday August, 18, 2011, to discuss dredging options at the American Legion marina. As you know, it is the City's position that dredging within the marina is the responsibility of the American Legion. (Lease Section 10. 1, Pier Permit RP11802151, and NBMC § 17.55.010(A).) Pursuant to your request at our meeting, this letter memorializes my offer to consider bringing a proposal before the City Council to contribute to the American Legion's dredging costs. While the City has no obligation to pay for dredging at the marina, we recognize the important role the American Legion has in our community and in the interest of being good neighbors I propose to ask the City Council to contribute up to $50,000 to offset the American Legion's dredging costs (this dollar amount assumes a total dredging cost of $100,000 [approximately $30,000 for dredging 1,500 cubic yards at $19 a yard, $16,000 to float away the existing docks and re- secure following dredging, and $50,000 for new dock piles]). This proposal is made contingent on the American Legion's agreement that the City has no maintenance responsibility for the vertical bulkheads at this time (as contemplated in Lease Section 10.1). The City will continue to study the feasibility of repairing or replacing the existing vertical bulkheads within the marina on a City- developed timeline, currently set to occur within the next seven years, as a part of our larger Tidelands Management effort. City Hall o 3300 P iewport Boulevard a Nvewpnrt Beach, California 92663-3884 Attachment C Letter to Steven Spriggs, Commander American Legion Newport Harbor Post 291 August 23, 2011 Page 2 Please let me know if the American Legion agrees with this proposal and would like me to bring this proposal before the City Council. If you have any questions regarding the information contained within this letter please contact me at (949) 644 -3001. Sincerely, David Kiff City Manager City of Newport Beach cc: Hon. Mayor Mike Henn Michael Torres, Deputy City Attorney Chris Miller, Harbor Resources Manager Wednesday 14 September 2011 Mr. David Kill' City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Dear Mr. Kiff: �eato� The American Leguv: NEWPORT HARBOR POST 291 215 15th Strret Newport Beach, CA 92663 (9491 673 5070 fax: (949) 671 -9555 Email: adminlva1291.ann Thank you for your letter of Tuesday 23 August with your proposal for sharing costs associated with dredging at the American Legion Post 291 Marina. After careful review and consideration, the Post 291 Executive Board agrees with and has approved sharing with the City costs associated with dredging that portion of the inner marina permitted by the engineering recommendation by Anchor QEA. Post 291 requests, therefore, that you proceed to secure City approval of your proposal. American Legion Post 291 also acknowledges that the City is unable to maintain the vertical bulkheads at this time, but will continue to assess and to seek an opportunity to repair them within the next seven years. If you have further questions or wish additional information, please contact me at the Post: (949) 673 -5070, on my cellphone at (714) 306 -8778, or by email at: jesscharles @yahoo.com. Sincerely, )n Newport Harbor Post 291 cc: Honorable Mike Henn, Mayor of Newport Beach Michael Torres, Deputy City Attorney, Newport Beach Chris Miller, Harbor Resources Manage, Newport Beach Attachment D 9