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Resolution 16-06 AMENDED AGENDA ITEM 6A OCTOBER 24,2016 RESOLUTION NO. 16-06 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING THE EMERGENCY APPROVAL BY THE CITY OF JACKSONVILLE OF ORDINANCE 2016- AUTHORIZING THE APPROVAL OF AGREEMENTS WITH THE U.S. DEPARTMENT OF THE ARMY CORPS OF ENGINEERS TO IMPLEMENT DUVAL COUNTY BEACHES DUNE REPARATION; REQUESTING EMERGENCY PASSAGE UPON INTRODUCTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Hurricane Matthew caused significant damage to the sea dunes and related vegetation located in Duval County beach communities,including those within the City of Atlantic Beach; and WHEREAS,the U.S.Department of the Army Corps of Engineers is currently undertaking beach nourishment activities along Duval County beaches; and WHEREAS, the City of Jacksonville has been advised that dune repair in the Duval County beach communities could be conducted in conjunction with the current ongoing beach nourishment project, thereby saving millions of dollars in remobilization costs if the dune repair were to be undertaken by alternative means at a late date; and WHEREAS, Ordinance 2016- has been introduced as emergency legislation before the City Council of the City of Jacksonville for action on Tuesday, October 25, 2016, to approve agreements between the City of Jacksonville and the U.S. Department of the Army and to take such other action as may be necessary to undertake dune reparation along Duval County's beaches as part of the current ongoing beach nourishment project. NOW,THEREFORE,BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH: SECTION 1. Support of Emergency Legislation by City of Jacksonville. The Commission of the City of Atlantic Beach strongly supports and encourages the approval of Ordinance 2016- by the Council of the City of Jacksonville as an emergency action at its AMENDED AGENDA ITEM 6A OCTOBER 24,2016 October 25, 2016 Council meeting to allow dune reparation to be undertaken as part of the beach nourishment project currently occurring in Duval County. SECTION 2. Further Expansion of Beach Nourishment/Dune Reparation Project. The City of Atlantic Beach also encourages and supports the further expansion of the beach nourishment/dune reparation project beyond the present project area (i.e., the vicinity of 18th Street)to the northern border of the City's limits as part of the current project. SECTION 3. Requesting Emergency Passage upon Introduction pursuant to Commission Rule 26,Section 2-19,Code of Ordinances. Emergency passage upon introduction of this legislation is requested. The nature of the emergency is that work is presently being performed for beach nourishment and coordination now and support for the City of Jacksonville's Ordinance 2016- now will lower costs substantially for dune reparation at a later date. SECTION 4. Effective Date. This Resolution shall become effective upon signature by the Mayor. PASSED AND ADOPTED by the Commission of the City of Atlantic Beach, Florida as emergency legislation,this 24th day of October, 2016. Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney 00722385-1 Resolution No. 16-06 Page 2 of 2 AMENDED AGENDA ITEM 6A OCTOBER 24,2016 1 Introduced by Council Member Gulliford: 2 3 4 ORDINANCE 2016- 5 AN ORDINANCE CONCERNING DUVAL COUNTY BEACHES 6 DUNE RESTORATION; AUTHORIZING THE MAYOR, OR 7 HIS DESIGNEE, AND CORPORATION SECRETARY TO 8 EXECUTE AND DELIVER AGREEMENTS AND OTHER. 9 DOCUMENTS TO IMPLEMENT THE BEACHES DUNE 10 RESTORATION WITH THE DEPARTMENT FO THE ARMY; 11 APPROVING AND AUTHORIZING EXECUTION OF 12 ADDITIONAL DOCUMENTS BY THE MAYOR, OR HIS 13 DESIGNEE, AND CORPORATION SECRETARY; PROVIDING 14 FOR OVERSIGHT OF THE AGREEMENT BY THE 15 DEPARTMENT OF PUBLIC WORKS AND THE CHIEF 16 ADMINISTRATIVE OFFICER OF THE CITY; REQUESTING 17 EMERGENCY PASSAGE UPON INTRODUCTION; PROVIDING 18 AN EFFECTIVE DATE. 19 20 BE IT ORDAINED by the Council of the City of Jacksonville: 21 Section 1. Execution of Agreement. The Mayor, or his 22 authorized designee, and Corporation Secretary are hereby 23 authorized to execute and deliver an Agreement between the City of 24 Jacksonville and the Department of the Army (the "Agreement") in 25 substantially the same form as attached hereto as Exhibit 1, in 26 connection with the Project Cooperation Agreement with the 27 Department of the Army dated July 7, 1994 (the "1994 Agreement") , 28 On File with the Legislative Services Division. 29 Section 2. Further Authorizations. The Mayor, or his 30 designee, and the Corporation Secretary, are hereby authorized to 31 execute the Agreement and all other contracts and documents and AMENDED AGENDA ITEM 6A OCTOBER 24,2016 1 otherwise take all necessary action in connection therewith and 2 herewith. The Public Works Department and the Chief Administrative 3 Officer, as contract administrator, is authorized to negotiate and 4 execute all necessary changes and amendments to the Agreement and 5 other contracts and documents, to effectuate the purposes of this 6 Ordinance, without further Council action, provided such changes 7 and amendments are limited to amendments that are technical in 8 nature (as described in Section 1 hereof) , and further provided 9 that all such amendments shall be subject to appropriate legal 10 review and approval by the General Counsel, or his or her designee, 11 and all other appropriate official action required by law. 12 Section 3. Oversight Department. The Department of Public 13 Works and the Chief Administrative Officer shall oversee the 14 administration of the Agreement described herein. 15 Section 4. Requesting emergency passage upon introduction 16 pursuant to Council Rule 4.901 Emergency. Emergency passage upon 17 introduction of this legislation is requested. The nature of the 18 emergency is that work is presently being performed under the 1994 19 Agreement for beach re-nourishment and coordination with the 1994 20 Agreement will lower costs substantially by avoiding remobilization 21 expenses. 22 Section 5. Effective Date. This Ordinance shall become 23 effective upon signature by the Mayor or upon becoming effective 24 without the Mayor's signature. 25 Form Approved: 26 27 28 Office of General Counsel 29 Legislation Prepared By: Margaret M. Sidman 30 G:\SHARED\LEGIS.CC\2016\Ord\Gulliford - Dune Restoration.doc - 2 - AMENDED AGENDA ITEM 6A OCTOBER 24,2016 From: "Harper, Carol" <CLHarper@coj.net> Date: Thursday, October 13, 2016 4:50 PM To: <mreeves@coab.us>; <clatham@jaxbchfl.net>; <hpruette@neptune-beach.com> Attach: COJ funds required for dune repair_Bodge_120ct2016.pdf Subject: FW: Dune restoration I have forwarded the correspondence from CM Gulliford to Mayor Curry this afternoon. Carol L. Harper Assistant to Council Member Bill Gulliford District 13 117 West Duval St.,Suite 425 Jacksonville, Fl. 32202 904/630-1642 CLHarper@coj.net From: Gulliford, William Sent: Thursday, October 13, 2016 4:07 PM To: Mayor Lenny Curry; Mousa, Sam; Pappas, John; Weinstein, Michael Cc: C1TYC; Harper, Carol Subject: Dune restoration Please accept my apology for any lack of protocol with this letter but the urgency is such that I need to make people aware of the situation with dune restoration. I have attached a letter from Kevin Bodge,who is a coastal engineer and consultant to the City. He estimates the cost of dune restoration to be about$6.2M and talks about potential funding in his letter. But the real issue is that the contractor who has started up again with the beach re-nourishment project moving north from Jacksonville Beach,will finish in fifty days.They could do some part of dune restoration if it was added to their contract and funding was identified, but it would require an immediate action (something cities and states are not necessarily good at).They can't move back down where they have already re-nourished.Congressman Creenshaw's office has indicated that bringing the dredge back in the future to do dune restoration would involve a charge of$4M just for mobilization before any work started. I think you can now understand my sense of urgency. I don't know if there is any chance we could get this done but I felt compelled to make everyone aware of the opportunity. Best regards, Bill Gulliford, District 13 10/21/2016 AMENDED AGENDA ITEM 6A OCTOBER 24,2016 12 October 2016 - Tom Fallin, P.E. _ _ City of Jacksonville Chief,Engineering& Construction Management Division I sen 214 N. Hogan Street associates, inc. Jacksonville,FL 32202 Coastal Engineering Re: Duval County Shore Protection Project Emergency Post-Storm Funds Required for Beach& Dune Restoration Dear Tom: The following summarizes the practical requirements for timely dune restoration along the Jacksonville Beaches, pursuant to Hurricane Matthew. As you know, since the storm, we have been working closely with the Corps of Engineers to identify the magnitude of beach erosion and means to repair it, preferably through the ongoing beach renourishment project that was interrupted by the storm. The values presented below are based upon the post-storm beach survey data collected to-date. The dunes and the beach nourishment project performed extremely well —protecting the uplands from storm flooding, overwash and substantial damage. In the process, at least half the dunes' sand volume and sea-oats were eroded. So, our beach protection is now greatly compromised. Prompt restoration of the dunes is important to prevent damage from the next storms — especially because we are at the beginning of nor'easter season, when most of our beach erosion usually occurs. The dredging contractor that is presently constructing the beach renourishment project, under contract to the Corps of Engineers, is expected to re-commence sand placement this week, working northward from south Jacksonville Beach through Atlantic Beach. The southern mile of the project(from 16th Avenue South to the St. Johns County line) was mostly completed prior to the hurricane, and it fared pretty well. Unless interrupted, the contractor will complete the remaining 5.1 miles of beach fill within about 50 days. The dune is not part of the federally authorized beach project. As such, the Corps cannot cost-share in the dune's repair as part of the ongoing construction unless it receives specific authorization from Washington DC. Such authorization, if given, would be too late to join the dune repair to the current dredging project. The Corps can, however, include the dune repair in the ongoing construction if(1) the work is requested by the City, and (2) the City provides the funds for the work, in advance. olsen associates, inc. 12618 Herschel Street I Jacksonville, FL 32204 1904.387.6114 I FAX 904.384.7368 www.olsen-associates.com AMENDED AGENDA ITEM 6A OCTOBER 24,2016 October 12, 2016 Page 2 of 3 The estimated cost to repair the dunes to their pre-storm level of protection, more or less, through the ongoing beach renourishment contract is $6.200,000. That amount includes $800,000 allowance for planting sea oats (which might be done directly by City contract, rather than through the Corps); and, it includes an estimated requirement of$900,000 additional non- federal cost-share to restore the sand that was eroded from the beach in front of the dunes by Hurricane Matthew. All of this expenditure would be eligible for State cost-share, typically at about 50% co- funding (or, at least 46.9% State cost-share per the City's current grant Agreement for beach management). Thus, the City's expenditure of$6.2M could be potentially reimbursed by about $2.9M from the State, subject to the State's approval and allocation. Pragmatically, this must be a reimbursement because the State cannot otherwise provide its funds, up-front, in a timely enough fashion to include the dune work in the ongoing construction. It is also possible that the City's expenditure, in whole or pait, might be reimbursed (or, credited against future work) by the Corps of Engineers — if the additional work to repair the storm erosion is deemed eligible for federal funding. This will be determined at the Washington/ Congressional level, but a decision will not be known for several months. Beyond that, federal funding from FEMA for the dune repairs is not anticipated (principally because the beach is otherwise maintained by the Corps); and, in any event, FEMA funding would be too late to include the dune repairs in the ongoing construction. Timeliness is critical. The Corps cannot direct the contractor to rebuild the dunes or repair the beach to its pre-storm condition unless it has the non-federal funds in hand to do so; i.e., $5.4M (which excludes $0.8M for dune vegetation). The contractor needs to restart work immediately—proceeding with sand placement that progresses along 500+ feet,of shoreline per day. The contractor cannot go "backward" and place additional sand or rebuild dunes along beach areas that are already constructed. (It is not practical to do so.) The contractor cannot delay the work because the equipment is due at numerous other sites immediately after Duval. The alternative means to rebuild the dunes (such as by truck-haul fill from upland sand sources, or placement from other dredge sources) will cost at least twice as much than the values estimated above — and the quality of sand will be poorer, and the disruption to the community will be greater, and the delays will be substantial —relative to incorporating the dune repairs to the Corps' ongoing beach renourishment contract. For every day that the contractor has not been instructed to begin dune repairs, another 500+feet of shoreline shall be passed with no dune reparations. Accordingly, if the dunes are to be expeditiously and economically repaired now—with the dredge that is currently working here —then the City must allocate $6.2M for the work now, of which $5.4M will be provided to the Corps and $0.8M applied to dune vegetation. As noted above, State and/or federal cost-share may reimburse a substantial amount of these funds in the near-term. But State or federal funds cannot initiate the work now, and now is when it must be done. 2 olsen associates, inc. AMENDED AGENDA ITEM 6A OCTOBER 24,2016 October 12, 2016 Page 3 of 3 I might recommend that Mayor Curry discuss the City's immediate needs and plans for the dune restoration directly with the Governor's office. Through this, the City may better appreciate the State's anticipated commitment to cost-share in the work (presumably via reimbursement). Meantime, the Corps of Engineers is fully aware of the necessity for timely funding and commencement of the dune repair, and is prepared to act immediately upon the City's direction. Finally, note that these values and observations do not include dune or beach repairs beyond the present renourishment area (i.e., north of about 18th Street Atlantic Beach, or along Hanna Park or Huguenot Park, etcetera). It is my opinion that beach reparations along these other areas will be most efficiently, or practically, addressed through other mechanisms outside the Corps' current beach renourishment contract. The costs for that work are not included above, but the timing requirements are less urgent than those outlined above. Please do not hesitate to contact me at kbodge@olsen-associates.com or (904) 387-6114 [or cell phone (904) 307-9522] if you have any questions regarding these observations and recommendations. Thank you. Sincerely, • Kevin R. Bodge, Ph.D., P.E. Senior Vice President,Principal Engineer II Cc: Jason Harrah, US Army Corps of Engineers, Jacksonville District 3 olsen associates, inc.