HomeMy WebLinkAboutCounty of Orange - 2008-05-05Council/Agency Meeting Held: 0
Deferred/Continued to:
)iApproved ❑ Conditionally Approved ❑ Denied
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Council Meeting Date: 5/5/2008
Department ID Number: CS 08-008
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEM S
SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATO
PREPARED BY: JIM B. ENGLE, DIRECTOR OF COMMUNITY SERVICE
SUBJECT: APROVE AGREEMENT WITH THE COUNTY OF ORVfAl2
FEDERAL BEACH EROSION CONTROL PROJECT,
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Should the city participate, as it has previously, with the County of
Orange in the Federal Beach Erosion Control Project, Stage 12, for beach sand
replenishment?
Funding Source: Second Tier Reserve Fund. Transfer $39,200 into Community
Services Administration Contractual Services account #10045101.69450.
Recommended Action: Motion to:
1. Approve Federal Beach Erosion Control Project, Stage 12 agreement with the County of
Orange, and direct the Mayor and City Clerk to execute same; and
2. Authorize the Director of Finance to transfer $39,200 from the Second Tier Reserve
Fund into Contractual Services account #10045101.69450 for the Federal Beach
Erosion Control Project, Stage 12 for sand replenishment.
Alternative Action(s): Do not participate in the Federal Beach Erosion Control Project,
Stage 12 for sand replenishment
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/5/2008 DEPARTMENT ID NUMBER: CS 08-008
Analysis: The city has been working with other coastal cities, the County of Orange, the
State of California, and the U.S. Army Corps of Engineers since 1963 to allow Orange
County to serve as lead agency in dealing with the Army Corps of Engineers for the sand
replenishment project. The beach is supplied with sand from various rivers and tributaries in
Orange and Los Angeles Counties. Over the years, flood control projects, jetties, and harbor
development have inhibited the littoral drift currents that distribute sand along the coast;
therefore requiring periodic replenishment. From 1964 to date, there have been 11
replenishment projects. The last replenishment project was in 2001. Stage 12 is a
continuation of this program.
The Stage 12 project area extends from Anaheim Bay Harbor to the west jetty of Newport
Beach Harbor. Federal, State, and local agencies provide funding according to an
established formula set up in the agreement. The County indicates that the monies need to
be accumulated by May 1, 2008. The Army Corps of Engineers has indicated that the cost of
the program will be $15,700,000.
The breakdown of agencies and related costs are as follows:
Federal Government $10,519,000
State of California $4,759,267
Local Agency Shoreline Owners Consisting of City, County, Private
Property Owners, and State Division of Beaches and Recreation *$421,733
TOTAL $15, 700, 000
*The shoreline owners' proportionate share, based on the engineering consultant's estimate,
is $421,733 for Stage 12. Each property owner's cost is based upon a formula depicting the
percentage of 80,000 linear feet of beach frontage property owned by each entity that is
within the federal project area.
**The actual project cost can be less than the engineer's estimate. If this is the case, the
surplus funds are used in the next stage, thereby reducing the amount owed by each beach
owner. That is the reason the projected cost of $421,733 has been reduced to $236,600 for
Stage 12.
Private Beach Owners:
Surfside Colony, Storm Water Protection District
Public Beach Owners:
Orange County Harbors, Beaches, and Parks
Orange County:
City of Huntington Beach
City of Newport Beach
$19,000
$5,600
$39,200
$172, 800
TOTAL **$236,600
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REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/5/2008 DEPARTMENT ID NUMBER: CS 08-008
Strategic Plan Goal: Create an environment that promotes tourism to increase revenues to
support community services and transform the city's economy into a destination economy.
City Council Adopted Policy re: Mid -Year Appropriation Requests from the General
Fund: As adopted by City Council in March 1998, all requests for appropriation of General
Funds must meet one of the following criteria: 1) unanticipated emergency; 2) required to
implement labor negotiations; or 3) a new expense offset by related new revenues. This
request meets criterion #1 because the city is participating in a county sand replenishment
program to prevent flooding. The emergency has county -wide impacts to some beach cities
more than a direct city danger; however, notification did not come within the period of budget
preparation.
Environmental Status: N/A
Attachment(s):
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ATTACHMENT #1
Agreement No. D08-053
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AND
AGREEMENT
FEDERAL BEACH EROSION CONTROL PROJECT
STAGE 12
THIS AGREEMENT is made and entered into the 3 (A day of 0t r-- 2008.
BY AND BETWEEN
COUNTY OF ORANGE, a political
Subdivision of the State of California,
Hereinafter called "COUNTY."
CITY OF HUNTINGTON BEACH, a municipal
Corporation, hereinafter called "CITY."
WHEREAS, Congress has, by the enactment of Public Law 874, 87`h Congress, adopted and
authorized a beach erosion control project to be accomplished in stages, which extends from Anaheim
Bay Harbor to the west jetty of Newport Beach Harbor in Orange County, and
WHEREAS, the implementation of said Federal beach erosion project is of direct benefit to the
beaches owned and operated by CITY and COUNTY in providing a source of beach sand for
replenishment of natural erosion of said beaches, and
WHEREAS, the United States Army Corps of Engineers is prepared to undertake Stage 12 of said
project at an estimated cost of $15,700,000 to be financed on the following basis:
Federal Government $10,519,000
State of California $4,759,267
Local Agency shoreline $421,733
owners consisting of cities,
COUNTYand Private Property
Owners
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Agreement No. D08-053
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WHEREAS, COUNTY is prepared to pay, on behalf of those private and public beach owners
identified herembelow, $236,600 for Stage 12 construction, and
WHEREAS, the shoreline owners' proportionate share of $236,600 cost for State 12 is based
upon a formula depicting the percentage of the 80,000 linear feet of beach frontage property owned by
each public entity which is within the Federal project area and includes a credit from previous Stages.
The total cost breakdown is as follows:
Private beach owners: Surfside Colony Storm Water
Protection District
$ 19,000
Public beach owners: Orange County Parks
$ 5,600
City of Huntington Beach
$ 39,200
City of Newport Beach
$172, 800
TOTAL 236 600
NOW THEREFORE, the parties hereto do mutually agree as follows:
I.
CITY agrees that any funds remaining from Stage 12 project shall be applied to the design cost of
Stage 13 of the project which shall cover the entire 80,000 lineal frontage of shoreline of the Federal
project area, and that the final accounting of Stage 12 funding shall be incorporated into the accounting,
for Stage 13 described in Clause V herein.
11.
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Agreement No. D08-053
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CITY agrees to pay COUNTY on or before May 1, 2008, or immediately after approval of this
agreement by all parties hereto, CITY's portion of the cost of Stage 12 of the aforesaid beach erosion
control project, said portion being the amount of $39,200.
III.
COUNTY agrees to coordinate said project with CITY and other local shoreline owners, and the
State of California, to the mutual benefit of all parties concerned.
IV.
COUNTY shall, on or before May 1, 2008, or immediately after approval of this agreement and
similar agreements by all of the aforementioned local shoreline owners and receipt of billing from the
State of California, pay the local shoreline owners' portion of the Stage 12 Federal beach erosion control
project in the amount of $236,600 to the State of California to facilitate implementation of said Stage 12
project.
V.
COUNTY will obtain from the State of California Department of Boating and Waterways, the
agency coordinating the Stage 12 project with the United States Army Corps of Engineers, an accounting
of all expenditures of all funds received for Stage 12 of the aforementioned project and shall pursue
refund of any funds which are in excess of ultimate project cost of a proportionate basis to COUNTY and
shall, in turn, refund to CITY its prorated share of any refunds received within 30 days after receipt
thereof by COUNTY in a ratio equal to that stated in the recitals of page 2 of this agreement.
VI.
To the extent permitted by law, CITY shall indemnify and save harmless COUNTY, its officers,
agents, and employees from and against all claims, demands, loss or liability of any kind or nature which
CITY, its officers, agents, and employees may sustain or incur or which may be, imposed upon them or
any of them for injury to or death of persons, or damage to property as a result of the negligence or
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Agreement No. D08-053
1 wrongful act or omission by COUNTY, its officers, agents, employees, or invitees in carrying out the
2 terms of this agreement or exercising the rights herein granted.
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Agreement No. D08-053
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite
their respective signatures:
Date: L - 3 - 615
Date: 7 - — o e
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD.
isDarlene J. Bloom
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
BENJAMIN P. DE MAYO, County Counsel
ORANGE COUNTY,
, CALIFORNIA
ALIFORNIA
Deputy
COUNTY OF ORANGE, a political subdivision
of the State of California
By: .
hair of the Board"of Supervisors
CITY OF HUNTINGTON BEACH, a municipal
Corporation
B: �-
Y
Mayor
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9�!fiO.Ra�Q
City Clerk
REVIEWED AND PROVED: APPROVED AS TO FORM:
City Admini ator TiAttorney . /. O
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O O R A N G E C O U N T Y
f � �
f�� PubllcWorks
Our Community. Our Commitment.
June 20, 2008
Jim Engle
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Subject: Federal Beach Erosion Control Project — Stage 12
Dear Mr. Engle:
Bryan Speegle, Director
300 N. Flower Street
Santa Ana, CA
P.O. Box 4048
Santa Ana, CA 92702-4048
Telephone: (714) 834-2300
Fax: (714) 834-5188
Please find enclosed four copies of the Agreement for the Federal Beach Erosion
Control Project — Stage 12 between the County of Orange and the City of Huntington
Beach. The County Board of Supervisors approved the agreement and authorized
execution on,June 3, 2008.
Please have the copies signed by an authorized official and return the copies to my
attention. A fully executed copy will be returned to you for your records.
Thank you for your assistance on this important regional sand management project. If
you have any questions, please do not hesitate to call me at (714) 834-5486.
Sincerely,
Susan M. Brodeur, P.E.
Senior Coastal Engineer
City ®f Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
July 16, 2008
Susan M. Brodeur, P.E.
Senior Coastal Engineer
Orange County Public Works
300 N. Flower Street
Santa Ana CA
Subject: Federal Beach Erosion Control Project — Stage 12
Dear Ms. Brodeur:
Please find enclosed three fully executed copies of the Agreement for the
Federal Beach Erosion Control Project — Stage 12 between the City of Orange
and the City of Huntington Beach. We have retained the fourth copy for our
records.
If any further action is required regarding this Agreement, please contact Patty
Esparza, Senior Deputy City Clerk at (714) 536-5260.
Thank you.
Robin Lugar
Assistant City Clerk
Encl. (3)
c: Jim Engle, Director of Community Services
Patty Esparza, Senior Deputy City Clerk
Sister Cities: Anjo, japan m Waitakere, New Zealand
(Telephone: 714-536-5227 )
ATTACHMENT #2
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
FINANCE DEPARTMENT
TO:
PAUL EMERY, INTERIM CITY ADMINISTRATOR
FROM:
DAN T. VILLELLA, CPA, FINANCE DIRECTOR
SUBJECT:
FIS 2007-08-17- APROVE AGREEMENT WITH THE COUNTY OF
ORANGE FOR FEDERAL BEACH EROSION CONTROL PROJECT,
STAGE 12
DATE:
APRIL 2, 2008
As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Aprove
Agreement With the County of Orange for Federal Beach Erosion Control Project, Stage 12
If the City Council approves this action (total appropriation $39,200) the Second Tier Reserve will
be reduced to $8,856,000.
a X /"
an T. Villella
Finance Director
DTV/rs
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Community Services Department
SUBJECT:
Approve Agreement for Erosion Control Stage 12
COUNCIL MEETING DATE:
May 5, 2008
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
❑
*Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not Ap licable
Contract/Agreement (w/exhibits if applicable)
Attached
(Signed in full by the City Attorney)
Not Applicable
❑
Subleases, Third Party Agreements, etc.
Attached
❑
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
Not Applicable
❑
Bonds (If applicable)
Attt
edNopucable
El
A
Staff Report (If applicable)
Attached
Not Applicable
Commission, Board or Committee Report (If applicable)
Attached
❑
Not Applicable
Findings/Conditions for Approval and/or Denial
Attached
❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FoWqZDED
Administrative Staff
'
Deputy City Administrator Initial
City Administrator Initial
City Clerk
( )
I EXPLANATION FOR RETURN OF ITEM:
RCA Author: JBE