Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  23-000152

 

MEETING DATE:

03/28/23

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

1, 5

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Nardy Khan (714) 647-3906 

 

 

Jeff Ernst (714) 647-3963

 

 

Subject:  Approve Surfside-Sunset Beach Stage 13 Periodic Nourishment Erosion Control

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost:   $13,565

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   N/A

    Current Fiscal Year Revenue: N/A

   Funding Source:     See Financial Impact Section

County Audit in last 3 years: No

   Levine Act Review Completed: N/A

 

    Prior Board Action:         5/22/2018 #48, 12/13/2016 #46, 6/3/2008 #27, 12/11/2001 #37

 

RECOMMENDED ACTION(S):

 

 

1.

Find the proposed project is Statutorily Exempt from CEQA pursuant to Section 15261 of the CEQA Guidelines.

 

2.

Approve the agreement between the County of Orange and the State of California Department of Parks and Recreation, Division of Boating and Waterways for Stage 13 Periodic Nourishment of the Orange County Beach Erosion Control Project, effective upon approval by the State of California Department of Parks and Recreation, Division of Boating and Waterways through the date Stage 14 construction begins or until 10 years after the date of acceptance of the Project by the State of California Department of Parks and Recreation, Division of Boating and Waterways, whichever occurs first, in the amount of $13,565 for the County of Orange’s share of the financing costs of the project and authorize the Director of OC Public Works to execute the agreement.

 

3.

Direct the Auditor-Controller to issue a warrant in the amount of $13,565 to the State of California Department of Parks and Recreation, Division of Boating and Waterways.

 

 

 

 

SUMMARY:

 

Approve a cost share agreement between County of Orange and the State of California Department of Parks and Recreation, Division of Boating and Waterways for Stage 13 Periodic Nourishment of the Orange County Beach Erosion Control Project for the construction phase to fund the periodic beach replenishment at Surfside-Sunset Beach.

 

 

BACKGROUND INFORMATION:

 

The beaches along the Orange County coastline from Seal Beach to west Newport Beach have historically been replenished by sand supply carried downstream from the San Gabriel and Santa Ana Rivers. Sand transport was diminished by the construction of Federal navigation and flood control facilities in Long Beach and Anaheim Bay. As a result of the construction of the Anaheim harbor entrance by the U.S. Army Corps of Engineers (Corps) in the 1940s, the longshore sand movement was cut off. Ocean swells deflected off the Anaheim Bay jetty advanced erosion along the beach at Surfside Colony and reduced the width of downcoast beaches from Sunset Beach to west Newport Beach.

 

Following severe storm damage to the Surfside Colony in the 1950s, the Federal government authorized a beach erosion control project acknowledging some federal responsibility for the beach sand loss and resulting impacts to oceanfront homes. Since 1962, the Corps has performed periodic sand replenishment as part of the beach erosion control project.

 

On June 5, 2001, the Board of Supervisors (Board) adopted a resolution approving an agreement with the State of California Department of Parks and Recreation, Division of Boating and Waterways for the Federal Beach Erosion Control Program (Program), Stage 11 and negotiated cost sharing agreements with the cities of Newport Beach, Huntington Beach and the Surfside Colony Storm Water Protection District.

 

On December 11, 2001, the Board approved cost sharing agreements with the cities of Newport Beach, Huntington Beach and Surfside Colony Storm Water Protection District for the Program.

 

On June 3, 2008, the Board approved an agreement with the Surfside Colony Storm Water Protection District and agreements with the cities of Newport Beach, Huntington Beach and State of California Department of Parks and Recreation, Division of Boating and Waterways for local cost share to maintain the sand supply at Surfside-Sunset Beach.

 

Several stages of the Program have been completed since the need for additional sand was identified. To date, 12 stages have resulted in over 18 million cubic yards of sand being placed on the beaches. The most recent Periodic Beach Nourishment Erosion Control Project (Project) Stage 12 was completed in 2009.

 

Approximately 1,750,000 cubic yards of sand is proposed to be placed on the beach during the construction of Project Stage 13. The total estimated construction cost is $23.13 million. The Project cost share formula is 67 percent by federal sponsor cost share and 33 percent by Non-Federal Sponsors (State of California Department of Parks and Recreation, Division of Boating and Waterways and Local Sponsors). The Project was divided into two phases, with separate agreements for design and construction. The Local Sponsors cost share amount was determined by the proportion of coastal shoreline they control. Cost- share agreements for Project design were authorized and executed in 2016.

 

On December 13, 2016, the Board approved the local cost share payment in the amount of $65,684 for design to the State in FY 2016-17 for Agreements MA-080-17010645 and MA-080-17010660.

 

On May 22, 2018, the Board approved a cost share agreement between the State and County of Orange (County), as the representative for the Local Sponsors, Agreement MA-080-18010969. Following this action, the Board approved agreements with the Surfside Colony Storm Water Protection District and the cities of Newport Beach and Huntington Beach for their local cost share portions and authorized the Director of OC Public Works or designee to execute Agreement MA-080-18010970. Further, the Auditor-Controller was to invoice and collect Local Sponsors Project Stage 13 construction phase cost shares for the total amount of $281,966 to hold in deposit until the Local Sponsor’s cost share became due to the State.

 

This work was subsequently terminated and renegotiated as the Corps and the State developed their Project Partnership Agreement (PPA). The funds collected from the cities were returned and a determination was made by the State to proceed with individual agreements for Project Stage 13 construction phase between the Local Sponsors and the State subordinate to the PPA.

 

This proposed Agreement MA-080-2301101 states the County will contribute $13,565 to the State for their portion of the Non-Federal sponsor cost share of $7,632,900 (Exhibit A in Attachment B). Federal funding totaling $15.5 million will pay for the remaining Project Stage 13 construction phase cost.

 

Compliance with CEQA: The proposed Project is Statutorily Exempt from review under CEQA as an ongoing public project approved prior to November 23, 1970, with no feasible alternatives to said Project of lesser environmental impact identified pursuant to CEQA Guidelines Section 15261. 

 

 

 

FINANCIAL IMPACT:

 

Appropriations for this Agreement are included in Fund 400, OC Flood, FY 2022-23 budget. The County’s contribution of $13,565 is less than one percent of the total Non-Federal cost share.

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Agreement between the County of Orange and the State of California Department of Parks and Recreation, Division of Boating and Waterways
Attachment B - Tentative Project Partnership Agreement
Attachment C - Project Location