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HomeMy WebLinkAboutS21 - Marine Studies Center - Shellmaker IslandITEM 5 21 TO: Members of the Newport Beach City Council FROM: Dave Kiff, Assistant City Manager Robert Burnham, City Attorney SUBJECT: Marine Studies Center (Shellmaker Island) -- Memorandum of Agreement and Receipt of Funds RECOMMENDED (1) Authorize the City Manager to execute a Memorandum of Agreement ACTIONS: (MOA) with the Department of Fish and Game substantially similar to the attached Draft MOA, including a Scope of Work and Estimated Budget. (2) Authorize the acceptance of $1,000,000 from the California Department of Fish and Game for the purposes described in the MOA. BACKGROUND: Your Council has previously supported the concept of developing, in cooperation with the Department of Fish and Game (DFG), the County of Orange, UCI and the Upper Bay Naturalists, a Marine Studies Center (MSC) on Shellmaker Island. It did so via: • Allocating American Trader Oil Spill funds towards the Project in 2000 • Directing staff to proceeds with the planning and design of the Marine Studies Center (April 24, 2001) • Requesting State funding for the Project (June 22, 2001); and • Authorizing the City Manager to proceed with specific contracts relating to design, construction, and the placement of a temporary lab on Shellmaker Island (October 9, 2001) The MSC will include a County- operated water quality lab, facilities for DFG personnel involved in the management of the Upper Newport Bay Ecological Reserve, and exhibits (like tidepools) designed to help children and young adults understand why good water quality is essential to a healthy environment. The City Council has listed the MSC as one of the projects to be funded with proceeds of the American Trader oil spill litigation. No general fund revenue has been spent on the preliminary planning that has been done to date. The preliminary site plan is on the next page. DFG has determined that it is eligible for grant of $1 million from the Department of Interior's Wildlife Conservation and Restoration Account for the MSC. DFG has determined that grant funding requires DFG and a local sponsor (City of Newport Beach) to enter into an agreement with a specified Page 2 scope of work describing how the funds are to be used. According to DFG, the receipt of grant funds does not: (a) Obligate the City to use the entire grant; (b) Commit the City to complete the scope of work or approve or build a project; nor (c) Create any obligation for City funding aside from use of grant funds in accordance with the scope of work. We have prepared a short Memorandum of Agreement and a related Scope of Work (Exhibits A and B) that will allow DFG to receive the grant and will enable the City to proceed with planning and design so we can determine if the MSC is feasible, if the community supports the MSC and if the proposed MSC is acceptable to the City Council. Preliminary Site Plan MARINE F l;D]FS S�wbnmtw miena Nawao�t 9exn. La Sla'�d La1Pa!u. c-I NI-FR _ K ,1 j,euoeeo u.ma �� . 1 �• — Pl- � J- ,� .lb• .J � t Itryl� MARINE F l;D]FS S�wbnmtw miena Nawao�t 9exn. La Sla'�d La1Pa!u. c-I NI-FR ATTACHMENT: Draft Memorandum of Agreement (with Scope of Work and Estimated Budget) Attachment A Page 3 of Rgort MEMORANDUM OF AGREEMENT (Draft) Between the City of Newport Beach and the California Department of Fish and Game The Department of Fish and Game (DFG) and the City of Newport Beach (City) have entered into this Memorandum of Agreement (MOA) dated with respect to the following: 1. City, DFG and other public and private entities have discussed the planning, design and construction of a Marine Studies Center on Shellmaker Island, which is DFG -owned land within the corporate limits of the City of Newport Beach (MSC Project). 2. DFG is eligible to receive a $1,000,000 (approximate) grant from the US Department of the Interior's Wildlife Conservation and Restoration Account (Grant). Grant is contingent on the use of grant funds to provide planning, design and construction services for the MSC Project. 3. DFG desires to provide the City with funds from the Grant to perform specific services. 4. This MOA is intended to specify the services to be performed by City for the MSC Project using Grant funds. Now, therefore, the Parties agree as follows: 1. DFG will provide City with funds from the Grant subject to the restrictions on the use of Grant funds as specified in this MCA. 2. City shall do the following with respect to the Grant: A. Place Grant funds in a restricted interest - bearing account (MSC Grant Account), where all interest earned will accrue to the MSC Grant, Account. B. Use Grant funds solely to provide the services specified in the Scope of Work attached as Exhibit A reflecting budget estimates shown in Exhibit B. C. Provide DFG with an accounting of all expenditures of Grant funds upon request and at least once every 180 days subsequent to the date of this MOA until all grant funds are expended. Attachment A Page 4 of Report 3. City's acceptance and use of Grant funds does not constitute a commitment by City to commence or complete the construction of the MSC Project. In no event shall City's acceptance or use of Grant funds require City to use or commit general fund revenue for any purpose related to the MSC Project. 4. City's performance of services pursuant to this MOA, except planning and feasibility studies for the MSC, shall be contingent upon and subject to environmental review under the California Environmental Quality Act (CEQA). This MOA does not constrain or limit DFG with respect to its compliance with all applicable statutes including CEQA and the CEQA Guidelines. IN WITNESS WHEREOF, DFG and City have caused this Memorandum of Agreement to be executed the day and year first above written. CITY OF NEWPORT BEACH a municipal corporation. Homer Bludau, City Manager APPROVED AS TO FORM: Robert L. Burnham City Attorney CALIFORNIA DEFT OF FISH AND GAME Title APPROVED AS TO FORM: Nancy Templeton Department Counsel Exhibit to Attachment A Page 5 of Report Exhibit A Scope of Work INTRODUCTION This Scope of Work relates to the planning, design and construction of a Marine Studies Center and related improvements on Shellmaker Island in Newport Beach (MSC Project). The MSC Project will be developed in cooperation with nearby residents, educators, public agencies and members of the public all of whom share one primary objective - to improve water quality in Upper Newport Bay, Newport Harbor and related water bodies. While still in the planning stage, the MSC Project is contemplated to include the following components: (1) Main Facility. The main aspect of the MSC Project is a "Marine Studies Center" of about 22,000 square feet or floor area that consists of a water quality testing laboratory, DFG Offices, a classroom, limited water quality research facilities, docent offices and water quality exhibits including a tidepool exhibits and other features designed to explain the importance of good water quality to children and young adults ( "Main Facility"). The size of the structure will be contingent on further discussions between the Parties, discussions between the City and nearby residents, and further evaluation of the space needs of the Parties. The Main Facility shall be planned, designed and constructed in a manner that minimizes any visual or aesthetic impact on residents in Dover Shores and those residents shall be participants in all phases of the MSC Project. It shall also be built in a manner that reflects optimal environmental management and protection, with construction showcasing best management practice for building operations. The conceptual site attached as Exhibit A represents the current thinking of the Parties relative to the MSC Project. This plan is subject to modification as a result of community participation and the environmental review process. (2) UCI Crew Facility. The project envisions that the current UCI Crew building on Shellmaker shall be replaced with a new building housing UCI's Crew equipment and ancillary rooms ( "Crew Facility"). The Crew Facility shall be similar in architectural style, aesthetics, and water quality protection practices as the Main Facility and site improvements. (3) Site Improvements. The MSC Project is intended to include on site improvements such as parking area with spaces sized to accommodate school buses, a paved access road and state of the art water quality enhancement features such as permeable pavement, xeriscape landscaping, and /or first flush retention facilities. Existing improvements, such as the amphitheater and dock shall remain. (4) Restoration. The MSC Project includes the restoration of degraded wetlands and other habitat on the south and on the northeastern side of Shellmaker Island. The restoration sites shall serve as a workshop and research area for use by DFG and those authorized by DFG to enter the area. Exhibit to Attachment A Page 6 of Report TASKS This Scope of Work is divided into Tasks that represent various stages of the planning, design and, assuming all approvals are granted, the construction of the MSC Project: Task 1- Project Management /Planning and Desist Services A. Project Manager. The City shall retain a project manager to oversee the planning and design of the MSC Project and related facilities at Shellmaker Island. B. Architect. City shall retain an architect with experience planning and designing public facilities similar to the MSC Project in the vicinity of Upper Newport Bay. City shall employ the project manager and architect within 90 days of the award of the contract. Task 2 - Site Surveys and Reports The City shall complete necessary studies and surveys to assess the feasibility and cost of constructing facilities and related improvements on Shellmaker Island. hi Task 2 the City or its contractors shall: A. Retain consultants to conduct geotechnical investigation and prepare utility and survey reports and plans; B. Review reports, evaluate the constraints and provide preliminary determination regarding the feasibility of the MSC Project; C. Review and revise as necessary the various building program needs with the "stakeholders steering committee" (DFG), Orange County (including the departments that oversee water quality testing, environmental restoration and public facility construction), Newport Bay Naturalists and Friends and other potential users of the MSC. D. Review and comment on the proposed location of the temporary water quality lab as to potential conflicts with construction and short -term operation of the MSC and related facilities. E. Assuming construction appears feasible, prepare Conceptual Site Plan. Task 3 - Initial Schematic DesiQrt. If the site is deemed feasible for constructing a facility and if the architect has prepared a Conceptual Site Plan for review by the MSC "partners', the City, architect and project managers shall: Exhibit to A ttarhment A Page 7 of Report A. Meet as necessary with the "stakeholders steering committee" and consultants to refine the Conceptual Site Plan in terms of the constraints of the site and integration of habitat restoration, interpretive areas and trails. B. Once the MSC partners have agreed on building space needs, architect will develop schematic floor plans for the structure that take into consideration comments from stakeholders and others regarding the educational and research programs and the related tidepool and other exhibits. C. Review flood requirements and develop preliminary grading concepts. D. Prepare a rendering of the facility as viewed from Dover Shores and construct a rough study model of the proposed structures and improvement for public review and comment. E. Prepare design and construction "alternatives' that could be incorporated to achieve water quality or energy conservation goals. F. Prepare a statement of probable construction costs including costs relating to utilities, equipment, furniture and fixtures, and preliminary exhibit designs. Task 4 — Refinement of Schematic Desien This task involves the refinement of the Schematic Designs and the development of all of the information necessary to conduct environmental analysis and obtain necessary permits. A. Review the Schematic Designs with the MSC partners, the Dover Shores Community Association, the City Council & Coastal Commission Staff. B. Further refine the Schematic Designs to address additional information relative to exhibits, space needs, community concerns and other input. Task 5 — Environmental Review /Ap1rovals This task involves preparing a project description in sufficient detail to enable completion of necessary environmental documentation and processing applications for permits. The City or its consultants shall: A. Prepare any plan or report necessary to enhance, amplify or refine the Schematic Design so that the City can prepare appropriate environmental documentation and applications for permits. Specific plans may include preliminary floor plans for the structures, preliminary sections and elevations for the structures, building material and roof design options, hardscape design and construction options and more detailed information related to exhibits. ExhibitA toAttachmentA Page 8 of Report B. City shall prepare, on behalf of DFG, the lead agency, an environmental document pursuant to the California Environmental Quality Act ( "CEQA ") for the proposed MSC Project. The content of the environmental document shall reflect the independent judgment of DFG as lead agency. The City, as a consultant to the Department for purposes of CEQA, shall work with the Department and shall act on behalf of the Department as needed to perform activities including, but not limited to: (i) providing notices required under CEQA for the proposed project; (ii) providing notice of, and facilitating, any public meetings under CEQA related to the proposed project; (iii) filing and distributing various documents required by CEQA to, among others, the County Clerk and State Clearinghouse at the Governor's Office of Planning and Research; and (iv) preparing proposed responses to comments submitted to the Department under CEQA concerning or relevant to the proposed project. C. City shall prepare appropriate planning documents, applications and submittals necessary to obtain all permits required to construct the MSC Project including any necessary City approvals, a Coastal Development Permit and any permit necessary to enhance wetlands around Shelhnaker Island. Task 6 Improvement Plans This Task involves the preparation of final plans for the issuance of building and other permits necessary to construct the MSC and install other improvements on the site. The City or its consultants shall: A. Prepare building plans for all structural, mechanical, plumbing, electrical and communications components of the MSC. B. Prepare final grading and utility plans. C. Prepare all necessary bid and construction documents. Task 7 — Facility Construction Management This Task involves the management of facility construction, including: A. Management of selected contractor(s), including on -site participation in construction decisions and review of contractor work. B. Establishing construction timelines, including reporting these timelines to Project partners as requested. Exhibit B to Attachment A Page 9 of Report Estimated Budget (TO BE DETERMINED, BUT LESS THAN OR EQUAL TO GRANT AMOUNT)