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Home My WebLink About04 - Marine Studies CenterCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 November 26, 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: The Marine Studies Center: Resolution 2002- Regarding Contract #130180115 with the California Department of Fish and Game for the Planning and Design of a Marine Studies Center at Upper Newport Bay Ecological Reserve; and Contracts for Wetlands Mapping /Assessment and the Development of an Interpretation Plan for the proposed Marine Studies Center ISSUE: Should the City of Newport Beach adopt a new resolution and enter into two sole - source consultant contracts for services related to the proposed Marine Studies Center on Shellmaker Island? RECOMMENDATION: Adopt Resolution 2002 - for the execution of Contract #P0180115 with the California Department of Fish and Game for the Planning and Design of a Marine Studies Center at Upper Newport Bay Ecological Reserve; 2. Authorize the Mayor to execute two sole- source contracts as follows: A. With Coastal Resources Management (Rick Ware) for Wetlands Mapping and Biological Assessment ($40,443); and B. With Nature Tourism Planning (Robert W. Garrison) for an Interpretive Plan (educational exhibits and related curriculum) ($25,000). DISCUSSION: Background: The Newport Beach City Council has been at the forefront of the ongoing effort to improve water quality in Upper Newport Bay and Newport Harbor. The Marine Studies Center (MSC) - a proposed water quality testing, research and educational facility Marine Studies Center Reso and Contracts November 26, 2002 Page 2 on Shellmaker Island — is one of the key features of the Council's multi- faceted approach to improving water quality. The City Council approved the Marine Studies Center concept in 2000 as part of the adoption of the list of projects to be funded with the proceeds of the settlement of the American Trader litigation. Further Council and staff actions have included: • Directing staff to proceed with the planning and design of the Marine Studies Center (April 24, 2001); • Requesting State funding for the Project (June 22, 2001); • 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); • Adopting a resolution on April 9, 2002 that tentatively agreed to a contract between the California Department of Fish and Game (DFG) and the City involving $1.1 million in funds from the US Department of Interior's Wildlife Conservation and Restoration Program (WCRP); and • Authorizing us to enter into a Memorandum of Agreement (MOA) that delineates a partnership between the MSC's partnering agencies. What is the MSC? The MSC is a cooperative project involving the City, DFG, the California Coastal Commission, the County of Orange (County), Orange Coast College (OCC), the Newport Bay Naturalists and Friends (Naturalists), and the University of California at Irvine (UCI). More specifically, the MSC will include: • The County of Orange Health Care Agency's water quality testing laboratory (County); • Water Quality research programs for high school and college students (UCI, Orange Coast College); • Water Quality and Estuarine Habitat awareness with an emphasis on educating children through exhibits and special programs (DFG, City, OCC, Coastal Commission); • Facilities geared towards Upper Newport Bay environmental management and enhancement (DFG and the NB Naturalists and Friends); • Habitat restoration area that will serve as a "restoration research lab" for students and biologists (DFG, UCI, OCC). The County's water quality lab is a critical component of the MSC. The lab will house ALL of the County's water quality testing programs — these are programs that today exist in Santa Ana even though at least 35 of the testing sites are in Newport Bay. Expanding and moving the lab to Shellmaker will allow the County's lab director, Dr. Doug Moore, to fully utilize the new microbiology positions that the Board of Supervisors have assigned to his staff in the Board's recognition of the importance of developing better water quality Marine Studies Center Reso and Contracts November 26, 2002 Page 3 science. We have installed a temporary lab for Dr. Moore's lab on Shellmaker that is in place today. Marine Studies Center Facility Design. Ron Yeo, a Corona Del Mar architect, has prepared a conceptual plan for the proposed Marine Studies Center. The conceptual plan for the Marine Studies Center would be adjacent to, and constructed at the same time as, a new crew facility that would be fully funded by UCI. The Marine Studies Center concept plan contemplates a single -story structure with surface parking and a restoration site on the south side of Shellmaker Island. The structure may house the water quality lab, DFG offices, and exhibits -- further design work, environmental documentation, and permitting will refine the Project. The preliminary site plan is as follows: J mot; t� aer,el.nmvmxt — ��' K uaw INlCI1ttM .... SP.f NPiP ft �tRmP :�t.J.. - MLdIiYNM t 1 tOP1Vrt` ^� r -� ly W I l I ti .- T.,t.•iVn, .'m: aPUCL ila!v f C J Marine Studies Center Reso and Contracts November 26, 2002 Page 4 Funding Commitments. The estimated cost of the Marine Studies center is $7 million. To date, the participants have formally or informally committed the following (for a total of $3.711 million): • County of Orange -- $1.23 million (construction and equipment); • UCI -- $500,000 (over and above funds necessary to construct crew facility); • City -- $500,000 (planning, design and construction); • DFG -- $250,000 (planning, design, and construction); • Coastal Commission -- $131,000 (curriculum development); and • DFG/WCRP -- $1.1 million (planning and construction). We will seek the additional funding through private donations and State bond resources (Propositions 40, and 50). Tonight's Proposed Actions. Continuing with our slow progress towards finalizing a site plan, starting public input and CEQA, and seeking additional funding, we need to do the following: Complete the Interpretive Plan (and related exhibit concepts) so that the MSC and its surrounding landscaping can be designed appropriately; Complete a biological assessment and preliminary wetlands restoration plan that also incorporates the design and parameters of the MSC structure and interpretive facilities; and Adopt a follow -up resolution that includes specific and mandatory language that the State of California needs to finalize the DFG -City contract for the planning and design of the MSC at Upper Newport Bay Ecological Reserve. Both Rick Ware and Bob Garrison have been working with the MSC Steering Committee since early in the planning process. They both have extensive experience with related projects and a fairly unique knowledge base of this specific effort. As such, I am comfortable in recommending that the City enter into sole- source contracts with them for the services outlined in the preliminary scopes of work for the two contracts (attached). Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. The MSC project itself will be subject to CEQA. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of a Council meeting). L[ Marine Studies Center Reso and Contracts November 26, 2002 Page 5 Funding Availability: The FY 2002 -03 Capital Improvement Program includes funding for these components of the MSC's planning (CIP #7295- C0310660, page 80). Submitted and Prepared by: Dave <i Assistant City Manager Attachments: Proposed Resolution 2002 -_ Scope of Work Biological Assessment Scope of Work Interpretive Plan Attachment A RESOLUTION NO. 2002- RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACT #P0180115 BETWEEN THE DEPARTMENT OF FISH AND GAME AND THE CITY OF NEWPORT BEACH FOR PLANNING AND DESIGN OF A MARINE STUDIES CENTER AT UPPER NEWPORT BAY ECOLOGICAL RESERVE IN ORANGE COUNTY, CALIFORNIA WHEREAS, the Department of Fish and Game administers a grant award under a Wildlife Conservation and Restoration Program (WCRP) of the United States Fish and Wildlife Service; and WHEREAS, the Department of Fish and Game and the City of Newport Beach are both signatory agencies to a Memorandum of Understanding to explore the feasibility and planning of a Marine Studies Center at the Department of Fish and Game Upper Newport Bay Ecological Reserve; and WHEREAS, the Department of Fish and Game has prepared an interagency agreement to direct and fund in an amount not to exceed $369,600, planning and design of a Marine Studies Center at Upper Newport Bay Ecological Reserve; and WHEREAS, the City of Newport Beach possesses the expertise to plan and design a Marine Studies Center and has committed City resources to the project; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that the Council hereby authorizes and directs the City Manager (or his designee) to execute Contract #P0180115 between the Department of Fish and Game and the City of Newport Beach for planning and design of a Marine Studies Center at Upper Newport Bay Ecological Reserve. ADOPTED this 26th day of November, 2002. TOD W. RIDGEWAY Mayor of Newport Beach ATTEST: LaVonne Harkless CITY CLERK Attachment B COASTAL RESOURCES MANAGEMENT PROPOSAL TO CONDUCT WETLAND STUDIES SHELLMAKER ISLAND, UPPER NEWPORT BAY, CA INTRODUCTION The City of Newport Beach and the California Department of Fish and Game are jointly planning to construct a Marine Science Educational Center on Shellmaker Island, in Upper Newport Bay, Orange County, California. The design of the Center will result the expansion of building facilities and a potential reduction in the acreage of biological habitats on Shellmaker Island. To this end, Coastal Resources Management (CRM) proposes to conduct wetland field studies and prepare a wetlands restoration demonstration plan for the south end of Shellmaker Island adjoining the existing saltmarsh. The purpose of the work is to (1) identify existing habitat types and wetland biological resources on the south end of Shellmaker Island, (2) identify sensitive habitats and rare and endangered species located on the property, and (3) prepare a wetlands restoration plan for a marsh demonstration project to be implemented as part of the Marine Science Center Educational Program. TASK 1. PROJECT PLANNING MEETINGS Five planning meetings will be held with the City of Newport Beach, Department of Fish and Game, and other regulatory agencies. These meetings will be held prior to, during the course of the studies, and at the completion of the project. The purposes of the meetings are to identify agency concerns, regulatory constraints, habitat values as perceived by the agencies, review draft reports and mitigation plans, and present a final wetland restoration plan to the City of Newport Beach and the California Department of Fish and Game. TASK 2 REVIEW RESULTS OF TOPOGRAPHIC SURVEYS OF THE EXISTING SITE AND OF THE WETLANDS LOCATED SOUTH OF THE PROPOSED MARINE SCIENCE EDUCATION CENTER AND PREPARE A REPORT OF FINDINGS The existing topographic features of the building site and the wetland habitat located south of the proposed Marine Science Education Center were identified by Ron Yeo & Associates. This information was prepared so that proposed wetland restoration plans can be developed based on the known elevations of the existing tidal channels, tidal flats, salt marsh, and transitional biological habitats. As part of the wetland habitat evaluation, CRM will prepare a topographic survey report that will be used as a basis for conducting the wetland habitat surveys (Task 3), and biological analyses and wetland restoration plan designs in Tasks 4, 5, and 6. TASK 3 CONDUCT WETLAND HABITAT MAPPING AND BIOLOGICAL RESOURCESSURVEYS CRM will conduct wetland habitat mapping and biological resources surveys in order to identify existing conditions on the project site and the nearby saltmarsh and tidal flats located next to the proposed Marine Science Education Center. Habitat mapping will be conducted using quantitative transects, and Differential GPS mapping techniques. These surveys will be conducted to delineate habitat types, vegetation, and the presence of wildlife resources present during the time of the survey. Emphasis will also be placed on determining the presence and location of sensitive, rare, threatened, or endangered species, such as the salt marsh bird's beak (Cordylanthus maritimus spp. maritimus), Belding's savannah sparrow (Passerculus sandwichensis beldingi), western snowy plover (Charadrius alexandrinus nivosus), peregrine falcon (Falco peregrinus), light- footed clapper rail (Rallus longirostris levipes), and California brown pelican (Pelecanus occidentalis californicus) for use in the Section 7 Biological Assessment (Task 4). TASK 4 PREPARE A FIELD REPORT OF FINDINGS CRM will prepare a biological field studies report that describes the habitats, vegetational communities, and wildlife in the area. A habitat map, based on the existing topographic map prepared in Task 2 will be presented that illustrates the biological resources on the project site and vegetational zones will be presented. TASK 5 PREPARE A BIOLOGICAL ASSESSMENT FOR THE SECTION 7 INFORMATIONAL CONSULTATION PROCESS Because of the high value and the potential for the wetland demonstration project to affect federally - listed endangered species and federal candidate species for listing, a biological assessment will be prepared in support of Section 7 of the Endangered Species Act, informal consultation process between the City of Newport Beach/Cal Fish and Game, the U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife Service. This assessment will be based upon both site - specific survey of the area and Upper Newport Bay historical data collected over the last several years for the Upper Newport Bay Dredging Project. TASK 6 PREPARE A WETLANDS RESTORATION DEMONSTRATION PLAN Based on the impacts identified for the Marine Science Educational Center Project and the existing wetland topographic and biological attributes on the south end of Shellmaker Island, CRM will prepare a plan to restore additional wetland habitat proximal to the existing wetland. The restoration designs will take into account but not be limited to identified goals and priorities for restoration, physical and biological limitations of the area, regulatory constraints, associated goals of the California Department of Fish and Game research and educational programs, and input from local wetland scientists and wetland managers. The plan will include design plans for footbridges, pathways, and lookout kiosks to be used for educational purposes. A draft wetland restoration plan will be provided to the City of Newport Beach and the Department of Fish and Game for review and comment. In addition, a wetland restoration plan review and comment meeting will be held to gather input from wildlife and regulatory agencies, and the Upper Newport Bay Technical Advisory Committee. Based upon the comments received on the draft report, a final wetlands restoration plan will be prepared for the City of Newport Beach and the California Department of Fish and Game. This document will be finalized and submitted within 60 days of receiving comments on the draft report. G TASK 7 PROJECT MANAGEMENT Mr. Rick Ware, Principal and Senior Biologist of CRM will be the Project Manager and Principal Investigator for the project. He has 25 years of experience conducting wetland, bay, harbor, and offshore marine biological studies and preparing state -and federal biological impact assessments, restorations plans, and implementing mitigation and monitoring programs throughout Southern California. He is extremely familiar with Upper Newport Bay and its environs, and has conducted studies in Newport Bay since 1977, and has conducted several wetland and marine biological investigations for the City of Newport Beach. Mr. Ware will be responsible for the timely and cost - efficient submittals for the project and will oversee as well as participate in all aspects of the project. PROJECT TIMELINE Timing of the project elements will be finalized following initial meetings with the City of Newport Beach and the California Department of Fish and Game. It is anticipated that the project will be initiated in December 2000, and that the Wetlands Demonstration Plan will be finalized by early March 2003. PROJECT COSTS Project costs, by task are presented in Attachment 1, and summarized below. The total estimated not -to- exceed project cost is $46,680.70. This cost includes a 10% contingency. TASK COST I Project Planning and Meetings $4,842.00 2 Review Topographic Survey Results, Prepare Report $2,540.60 3 Wetland Mapping and Habitat Resource Surveys $4,429.00 4 Biological Reports $6,309.60 5 Biological Assessment, Section 7Informal Consultation $3,451.00 Report 6 Wetlands Restoration Demonstration Plan $12,900.00 7 Project Management and Coordination $2,291.00 Estimated Project Costs $36,76720 Contingency Costs $ 3,676.72 Total Estimated Project Costs $40.443.40 KEY PERSONNEL Person and Organization Task Responsihility Rick Ware, Coastal Resources Management Principal Investigator Kathy Keane, Keane Biological Wildlife Surveys Randy Mason, Cash & Associates Engineering Design Plans Ron Yeo, Architect Integration of MSC Designs Brian Shelton, Cal Dept of Fish and Game Project Review /Coordination COASTAL RESOURCES MANAGEMENT FEE PROPOSAL SHELLMAKER ISLAND MARINE SCIENCE CENTER WETLANDS DEMONSTRATION PROJECT PLANNING AND MITIGATION DESIGN EFFORTS TASK 1: PROJECT PLANNING MEETINGS (5) WITH AGENCIES Labor Hours Rate Amount Subtotal Total Task Marine Biologist 30 $95 $2,850.00 Endangered Species Biologist 8 $75 $600.00 Architect 8 $100 $800.00 Word Processor 4 $45 $180.00 Total 50 $4,430.00 Direct Charqes Phone /Fax $30.00 Copies $100.00 Mileage 400 mi @ $0.33/mi $132.00 Delivery $50.00 Graphics $100.00 Subtotal Directs $412.00 Total Task 1 $4,842.00 TASK 2: REVIEW PRE- CONSTRUCTION TOPOGRAPHIC SURVEY RESULTS AND PREPARE REPORT Labor Hours Rate Amount Subtotal Total Task Marine Biologist 24 $95 $2,280.00 Total 24 $2,280.00 Direct Charges Mileage (120 mi @ $0.33/mi) $39.60 Telephone /Fax/Copy $25.00 Computer /Digital Photography /Prints $200.00 Subtotal Directs $264.60 Total Task 2 $2,544.60 1 �' TASK 3: CONDUCT WETLAND HABITAT MAPPING AND BIOLOGICAL RESOURCES SURVEYS Labor Hours Rate Senior Biologist 24 $95 Endangered Species Biologist 16 $75 Total 40 Direct Charges Gear rental DGPS UNIT (2 days @ $100 /day) Mileage 120 mi @ $0.33/mi) Misc field equipment Report Printing /Reproduction Computer /Digital Photography /Prints Subtotal Dire Total Task 3 Amount Subtotal Total Task $2,280.00 $1,200.00 $3,480.00 $60.00 $200.00 $39.00 $50.00 $500.00 $100.00 :ts $949.00 $4,429.00 TASK 4: PREPARE A FIELD REPORT OF FINDINGS Labor Hours Rate Amount Subtotal Total Task Senior Biologist 40 $95 $3,800.00 Endangered Species Biologist 8 $75 $600.00 Word Processor 16 $45 $720.00 Total 64 $5,120.00 Direct Charges Telephone /Fax $60.00 Copy $90.00 Mileage 120 mi @ $0.33/mi) $39.60 Report Graphics /GIS Work $1,000.00 Subtotal Directs $1,189.60 Total Task 4 $6,309.60 TASK 5: PREPARE A BIOLOGICAL ASSESSMENT FOR THE SECTION 7 INFORMAL CONSULTATION PROCESS Labor Hours Marine Biologist 8 Endangered Species Biologist 32 Total Direct Charges Telephone /Fax Mileage (200 mi @ $0.33/mi) Copy /Graphics Rate Total Subtotal Total Task $95 $760.00 $75 $2,400.00 40 Hrs $3,160.00 $25.00 $66.00 $200.00 Subtotal Directs $291.00 Total Task 5 $3,451.00 TASK 6: PREPARE A WETLANDS RESTORATION DEMONSTRATION PLAN Labor Hours Rate Amount Subtotal Total Task Marine Biologist 40 $95 $3,800.00 Endangered Species Biologist 16 $75 $1,200.00 Graphic Artist 24 $45 $1,080.00 Word Processor 16 $45 $720.00 Total 96 Hrs $6,800.00 GIS and Architectural Consultant (Ron Yeo, Architect) $2,500.00 Engineering Consultant (Cash & Associates) $2,500.00 Telephone /Copy $100.00 Copy /Graphics and Report Production $1,000.00 Subtotal Directs Total Task 6 $6,100.00 $12,900.00 TASK 7: PROJECT MANAGEMENT AND COORDINATION Labor Hours Rate Amount Subtotal Total Task Marine Biologist 20 $95 $1,900.00 Word Processor 5 $45 $225.00 Total 25 Hrs $2,125.00 Telephone /Fax $50.00 Mileage (200 mi @ $0.33/mi) $66.00 Copy /Graphics $50.00 Subtotal Directs Total Task 7 $166.00 ESTIMATED COST 10 PERCENT CONTINGENCY COST TOTAL ESTIMATED COST $2,291.00 $36,767.20 $3,676.20 $40.443.40 12 Robert W. Garrison 3027 250' Street Sacramento, CA 95818 (916) 451 -8060; Fax (916) 452 -5684 ch.com Attachment C Nature Tourism Planning Sustainability Through Proposal to Write Interpretive Plan for the Marine Studies Center Project Upper Newport Bay Ecological Reserve Scope of Work The interpretive plan for the Marine Studies Center (MSC) will provide the bridge or link between the building design and site amenities, and the purpose and function for which it is being built. If the MSC is our ultimate "destination ", then the interpretive plan is the compass guiding the direction. The interpretive plan identifies the target audiences, crafts the messages (in the form of themes) that will be delivered to the target audiences, identifies the best methods for relaying those messages (exhibits, trails, guided tours, classroom experiences, etc.), and provides an evaluation methodology to measure our success. The Interpretive Plan will include the following components: -- An overview of the goals of the MSC and its relationship to the overall management objectives of Fish and Game and the cooperating partners Summary of existing conditions, special concerns and opportunities within the reserve Current and anticipated visitor use numbers and patterns Overall interpretive focus and primary themes for MSC Visitor flow plan incorporating interpretive elements and other visitor amenities within the building and on Shellmaker Island -- Interpretive Elements (exhibit hall, outside spaces, classrooms, trails, wayside exhibits, etc.) Interpretive themes and sub - themes Storyline and background information Proposed media Design concepts (three sample sketches of exhibits /facilities for use in fundraising portfolio) Estimated Costs for interpretive elements (aquariums, exhibits, etc.) Guided Services (school tours, public tours) - Special Events -- Marine Studies Center -- Building Program (overall size and spatial relationships, theme development and thematic layout of public spaces and exhibits) Current and potential role of Cooperating Association, Volunteers and Docents Evaluation methodology to measure effectiveness of interpretive planning and programs over time 3 The Plan will incorporate the ideas of the local community, volunteers, cooperating agencies, and Fish and Game staff. A minimum of two planning workshops will be conducted for stakeholders during the development of the plan. Timeline July 2002 — sign contract to produce interpretive plan July — September 2002 — conduct planning workshops, site visits, field research and complete draft plan September 2002 — draft plan reviewed by DFG /Cooperators October 2002 — final plan submitted to DFG Budget Proposal (by category) Description Hours $ Amount Communications /Planning Workshops Compiling information on and communicating with target audienc 20 2,000 Target Audience Planning Workshops 2 20 2,000 — Communications with architect, aquarium design specialists, construction mgr 10 1,000 Communications with Advisory Team N/C Research: existing conditions, concerns, opportunities, visitor L numbers, volunteer support, flow Ian 20 2,000 Interpretive Focus and Primary Themes for MSC and Shellmaker Island 16 1,600 Interpretive Elements 40 4,000 Design Concepts subcontract 6,000 Estimated Costs for Aquariums, Exhibits, and Other Interpretive Elements 8 800 Evaluation Methodology 16 1,600 Expenses travel, per diem, phone, printing, etc. 4,000 TOTAL 25,000 CWF Administration 2,500 TOTAL 27,500 'l