HomeMy WebLinkAboutCounty of Orange - 2016-10-17Dept. ID CS 16-026 Page 1 of 2
Meeting Date: 10/17/2016
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CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 10/17/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Janeen Laudenback, Director of Community Services
SUBJECT: Approve, authorize appropriation of funds and execution of an Agreement with
the County of Orange for Design and Periodic Nourishment of the Orange
Countv Beach Erosion Control Proiect. Staae 13
Statement of Issue:
Approval of an agreement is requested between the City of Huntington Beach and the County of
Orange as a participating agency in the Orange County Beach Erosion Control Project, Stage 13,
for beach sand replenishment.
Financial Impact:
The total cost to the City to participate in this project, including design and construction is $321,700.
The City's share of design costs is $39,721 which will be absorbed within the FY 16-17 Community
Services ($20,000) and Public Works ($19,721) General Fund department budgets. The remaining
$282,000 will be budgeted in the FY 2017/18 budget.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute "Agreement for Design of Periodic
Nourishment of the Orange County Beach Erosion Control Project, Stage 13;" and,
B) Approve the transfer of $19,721 from Public Works General Fund to Community Services
Beach Maintenance Account 10045206.82800.
Alternative Action(s):
Do not participate in the Orange County Beach Erosion Control Project, Stage 13 for sand
replenishment and direct staff accordingly.
Analysis:
The City has been working with other coastal cities, including Surfside Colony and the City of
Newport Beach, together with 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 12 replenishment projects. The last replenishment project was
in 2008. Stage 13 is a continuation of this program.
HB -387- Item 8. - I
Dept. ID CS 16-026 Page 2 of 2
Meeting Date: 10/17/2016
The Stage 13 project area extends from Anaheim Bay Harbor to the Newport Pier. Federal, State,
and local sponsors (shoreline owners/agencies) provide funding according to an established
formula specified in the agreement. For Phase I, the City is required to pay a share of the total
$65,660 in design costs only. It is anticipated that design will begin in November 2016. As
stipulated in Section II of the agreement, the City's portion is $39,721 as shown below:
LOCAL SPONSORS
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
TOTAL*
Design Costs
$5, 043
$1,313
$39,721
$19,583
$65,660
* This amount is based upon each respective agency's proportionate percentage of 67,000 linear
feet within the Federal Project Area (from Anaheim Bay to Newport Pier).
The United States Army Corps of Engineers has estimated the overall cost of the Orange County
Beach Erosion project to be $18.125 million, of which $2.238 million is design and $15.887 million is
construction. Phase II construction costs will not be due until late 2017, once design services are
complete. As with the design services, the local sponsors will also be responsible for $466,103 in
construction costs as shown below. The City's pro-rata share of this amount is currently under
review and will be brought back to City Council for approval under a separate agreement, but is
estimated at $282,000 for a total City outlay of $321,700 for design and construction. The projected
construction costs of $282,000 will be included in the FY 2017/18 budget.
AGENCY
DESIGN
CONSTRUCTION
TOTAL
Federal Government
$1,499,460
$10,644,290
$12,143,750
State of California
$672,880
$4,776,607
$5,449,487
Local Sponsors
$65,660
$466,103
*$531,763
TOTAL*
$2,238,000
$15,887,000
$18,125,000
*The actual project cost may be less than the U.S. Army Corps of Engineer's estimate. If this is the
case, the surplus funds would be used in Stage 14 per Section V of the agreement.
Environmental Status:
Not applicable
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. "Agreement for Design of Periodic Nourishment of the Orange County Beach Erosion
Control Project, Stage 13"
Item 8. - 2 xB -388-
MA-080-017010660
1 AGREEMENT
FOR DESIGN OF PERIODIC NOURISHMENT OF THE
2 ORANGE COUNTY BEACH EROSION CONTROL PROJECT
STAGE 13
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This AGREEMENT is made and entered into the day of p-cf-MV-5EK 2016.
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by and between
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COUNTY OF ORANGE, a political
5 Subdivision of the State of California,
hereinafter called "COUNTY".
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and
CITY OF HUNTINGTON BEACH, a municipal
9 Corporation hereinafter called "CITY".
10 WHEREAS, Congress has, by the enactment of Public Law 874, 87`h Congress, specifically
1 adopted and authorized a beach erosion control project from Anaheim Bay Harbor to Newport Bay in
12 Orange County, California, providing for Federal participation amounting to 67 percent of the first and
13 periodic nourishment and maintenance costs, in accordance with the plans and subject to the conditions
14 recommended by Chief of Engineers in House Document No.602, 871h Congress. Non -Federal Sponsors,
15 consisting of State of California Department of Parks and Recreation Division of Boating and Waterways
16 (hereafter called "STATE") and Local Sponsors, including Surfside Colony Storm Water Protection
17 District, CITY, Newport Beach, and COUNTY, shall provide for remaining 33 percent of total costs, and
18 WHEREAS, STATE is authorized under Harbors and Navigation Code Section 67.2 to expend
19 State funds appropriated for the Orange County Beach Erosion Control Project (hereafter called
20 "PROJECT").
21 WHEREAS, under Harbors and Navigation Code Section 69.6, STATE administers the
22 California Public Beach Restoration Program funding of Non -Federal project cost; 100 percent funding of
23 coastal state parks and state beaches, and 85 percent funding of non -state public beaches, with a 15
24 percent match from Local Sponsors provided as funds or in -kind services, for restoration, nourishment, or
25 enhancement with placement of sand on the beach or nearshore.
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WHEREAS, the implementation of PROJECT is of direct benefit to the beaches owned or leased
and operated by Local Sponsors in providing a source of beach sand for replenishment of natural erosion
of said beaches.
WI-IEREAS, the United Sfates Army Corps of Engineers will undertake PROJECT Stage 13 at a
total estimated cost of $18,125,000 and design phase to be financed on the following basis:
Desi n
Federal Government $1,499,460
STATE $ 672,880
Local Sponsors $ 65,660
TOTAL S1238 000
WHEREAS, the Non -Federal Sponsor's PROJECT Stage L3 design is based upon the
proportionate percentage of beneficial beach frontage owned or leased by each entity, approximately
67,000 linear feet from Anaheim Bay to Newport Pier within the Federal PROJECT area.
WHEREAS, the COUNTY, on behalf of the Local Sponsors identified herein below, shall pay
the STATE $65,660 for Stage 13 design. The PROJECT design cost breakdown for Local Sponsors are
as follows:
Local Sponsors Design
Surfside Colony Storm
Water Protection District $ 5,043
CITY $39,721
City of Newport Beach $19,583
COUNTY $ 1,313
TOTAL 65 660
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MA-080-017010660
1 WHEREAS, the CITY's agreement to bear the cost of design portion as set forth herein, does not
2 obligate the City to pay the same fair share for the construction portion at a later date, pending future
3 determination of responsibility for beneficial beach frontage operated by the CITY.
a
5 NOW THEREFORE, the parties hereto do mutually agree as follows:
6 I.
7 COUNTY agrees to coordinate said PROJECT with CITY, other Local Sponsors, and STATE to
8 the mutual benefit of all parties concerned.
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10 CITY agrees to pay COUNTY immediately after approval of this agreement by all parties hereto,
11 CITY's portion of the cost of PROJECT Stage 13 design in the amount of $39,721.
12 IIl.
13 COUNTY shall, on or before immediately after approval of this agreement and similar
14 agreements by all of the aforementioned Local Sponsors and receipt of billing from STATE, pay the
15 Local Sponsors' portion of the PROJECT design in the amount of $65,660 to STATE to facilitate
16 implementation of said PROJECT Stage 13 design.
17 IV.
18 COUNTY will obtain from STATE, the agency coordinating the PROJECT Stage 13 with the
19 United States Army Corps of Engineers, an accounting of all expenditures of funds received for
20 PROJECT Stage 13 within 120 days following the completion of design.
21 V.
22 CITY agrees any funds remaining upon completion and acceptance of PROJECT Stage 13 design
23 phase, STATE shall apply the amount towards the Non -Federal Sponsor's share of PROJECT Stage 13
24 construction phase, to be credited proportionately between the STATE and each of Local Sponsors, in a
25 ratio equal to their respective contributions.
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MA-080-017010660
1 VI.
2 CITY shall be reimbursed the remaining balance of their contribution proportional to the project
3 cost share ratio, deducting the cost incurred for preconstruction, engineering, and design within 120 days
4 after determination that Federal or STATE funds are not available for PROJECT construction.
5 VII.
6 To the extent permitted by law, CITY shall indemnify and save harmless COUNTY, its officers,
7 agents, and employees from and against all claims, demands, loss or liability of any kind or nature which
8 CITY, its officers, agents, and employees may sustain or incur or which may be imposed upon them or
9 any of them for injury to or death of persons, or damage to property as a result of the negligence or
10 wrongful act or omission by COUNTY, its officers, agents, employees, or invitees in carrying out the
11 terms of this agreement or exercising the rights herein granted.
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/IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite their
respective signature:
COUNTY OF ORANGE, a political subdivision
of the State of California
Date: 2 —13 — I b By:
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD.
teller
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
Deputy County Counsel
ORANGE COUNTY, CALIFORNIA
By:
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Chairman of the Board of Supervisors
MA-080-017010660
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date opposite their
respective signatures:
Date: 7 ; 2-ol4
REVIE ED APPROVED:
ity Manager.
CITY OF HUNTINGTON BEACH, a municipal
C1
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ATTEST:
City Clerk
APPROVED AS TO F
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