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HomeMy WebLinkAbout06 - Newport Bay Integrated Regional WatershedCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 April 24, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 - 644 -3322 or rstein @city.newport - beach.ca.us SUBJECT: NEWPORT BAY INTEGRATED REGIONAL WATERSHED MANAGEMENT PLAN — AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH CONNECTIVE ISSUE (KRISTA SLONIOWSKI) RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement with Connective Issue ( Krista Sloniowski) to prepare the Final Integrated Regional Watershed Management Plan (IRWMP) for the Newport Bay Watershed area at a not to exceed price of $71,400 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: The City was awarded a $487,000 grant in 2006 from the State of California Department of Water Resources to prepare a strategic watershed plan to prioritize projects and programs to accomplish beneficial use goals for Newport Bay and the tributary watershed. For practical reasons, this strategic watershed plan has been split into two broad tasks. 1. The first task is the preparation of a Harbor Area Management Plan (HAMP), a planning document that primarily focuses on preparing a work plan to meet the challenges confronting the City in Lower Newport Bay as well as the upper bay. Consultant proposals have been received and a consultant will be selected shortly. A consultant contract will be submitted next month to Council for review and approval. 2. The second task, which is the subject of this Council memo, is the preparation of an Integrated Regional Watershed Management Plan (IRWMP) to prioritize the problems in the upper watershed (primarily those areas that are drained by San Diego Creek and Santa Ana Delhi Channel) and to prepare a work plan to implement mitigation projects. Staff is requesting an amendment to Krista Sloniouski's (Connective Issues) contract to prepare the Integrated Regional Watershed Management Plan (IRWMP). The focus of Connective Issue's work will Newport Bay Integrated Regional Watershed Management Plan — Amendment No. 1 to Professional services Agreement with Connective Issue (Krista Sloniowski) April 24, 2007 Page 2 be on tasks related to the upstream areas of the watershed tributary to Newport Bay. Under the original contract executed March 12, 2007, the City hired Krista Sloniowski of the firm Connective Issue for a fee of $25,000 to assist the City in developing a consultant scope of work for preparing an IRWMP for the Newport Bay Watershed with the intent of requesting consultant proposals in April with selection and award in May 2007. Ms. Sloniowski was the lead planner for the Corps of Engineers' draft Newport Bay Watershed plan and is intimately familiar with the challenges in the watershed. Larry McKenny from the County of Orange Resources & Development Management Department ( OCRDMD) recommended Ms. Sloniowski as highly knowledgeable and capable. In the meantime, Irvine Ranch Water District (IRWD) has asked for our help for applying for Proposition 50 — Phase 2 funding which may become available in August 2007. This Prop. 50 funding would be for use for water supply or "beneficial use" projects in the watershed. Because an IRWMP must be in place in order for projects to be considered for funding, it now becomes important to fast -track the preparation on an IRWMP (which we are calling the Phase 1 IRWMP). The difference between the Phase 1 IRWMP under preparation by IRWD and the Final IRWMP under preparation by the City is that the Final IRWMP will be a much more robust plan with a more deliberate effort to objectively identify watershed projects that accomplish the water supply, beneficial use, and ecosystem objectives for the Newport Bay Watershed. IRWD, OCRDMD and City of Newport Beach have agreed to work collaboratively in preparing the Phase 1 IRWMP and associated Prop 50 grant application package. The collaborative effort entails the following: • IRWD has hired a consultant to prepare the Phase 1 IRWMP watershed management plan and the Prop. 50 grant application package. IRWD hopes to have these products ready this summer. In support of that effort, the City will direct its consultant, Connective Issues, to front -load preparation of certain chapters of the Final IRWMP, specifically the Objectives and Strategies chapters, for inclusion in the Phase 1 IRWMP. An IRWMP Working Group composed of staff from IRWD, OCRDMD and the City will coordinate the efforts between the Phase 1 IRWMP and Final IRWMP. • Working cooperatively with the IRWMP Working Group, the City will continue its meetings with the watershed stakeholders to develop a list of priority projects and tasks. As possible, this information will be included in the Phase 1 IRWMP. Following just behind the Prop. 50 grant applications is the first round of Proposition 84 funding that may become available this fall. In order to qualify for funding under this grant, the City plans to complete the basic tasks for the Final IRWMP by September 2007. The City will fold in IRWD's Phase 1 efforts into the Final IRWMP. Because of the abbreviated time available to perform the tasks for the Phase 1 IRWMP and Final IRWMP, there is not enough time to use our standard, qualifications -based selection process. Staff thinks that Connective Issues has performed well under its Newport Bay Integrated Regional Watershed Management Plan — Amendment No. 1 to Professlonal Services Agreement with Connective Issue (Krista Sloniowski) April 24, 2007 Page 3 initial contract and recommends that the Connective Issues contract be amended to include performing the tasks needed to support IRWDs effort with the Phase 1 IRWMP and for completing the basic tasks for the City's Final IRWMP. Environmental Review: All tasks fall under the Information Gathering class of projects and are therefore categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306. Public Notice: As the preparation of the Watershed Management Plan is a consensus process, frequent meetings with stakeholders, e.g. local agencies, environmental groups, and key business groups are needed. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Upper Bay and Harbor Area Management Planning Prepared by: Robert Principal Civil Engineer Attachments: Amendment No. 1 Account Number Amount 7255- CO310929 $71,400.00 Total: $71,400.00 Submitted by: en . Badum P lic Works Director AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH KRISTA SLONIOWSKI OF CONNECTIVE ISSUE FOR THE INTEGRATED REGIONAL WATERSHED MANAGEMENT PLAN THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and KRISTA SLONIOWSKI OF CONNECTIVE ISSUE, a sole proprietorship whose address is 8212 Grimsby Avenue, Los Angeles, CA 90045 ( "Consultant "), and is made with reference to the following: RECITALS A. On March 12, 2007, City and Consultant entered into a Professional Services Agreement for a fee of $25,000, hereinafter referred to as "Agreement." Under the Agreement, Consultant was hired to assist the City in developing a scope of work for preparing the Basic Final Integrated Regional Watershed Management Plan ( "IRWMP ") for the Newport Bay Watershed. This Agreement is scheduled to expire on June 30, 2007. B. City now desires to have Consultant work with the various stakeholders, including the Irvine Ranch Water District, the County of Orange, the City and other affected parties, to prepare the final IRWMP - (hereinafter referred to as the 'Project). The purpose of the IRWMP is to identify and prioritize future water quality improvement projects that could realize the greatest benefits to the ecosystem of the Newport Bay Watershed. C. Accordingly, City and Consultant want to enter into this Amendment No. 1 to reflect additional services not included in the Agreement or prior Amendments and to extend the term of the Agreement to June 30, 2008. D. City desires to compensate Consultant for the additional professional services needed for the Project. E. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1," as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform the services outlined in the Scope of Work attached hereto as "Exhibit A" and incorporated in full by this reference. 2. The work shall be performed on a time and materials basis in an amount not to exceed Seventy-One Thousand, and Four Hundred Dollars and no /100 ($71,400.00). This amount shall include all reimbursable items and subcontractor fees. 3. Consultant agrees to perform the services in a timely and diligent manner, and produce the full IRWMP within a 15 -month time period. 4. The term of the Agreement shall be extended to June 30, 2008. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM:: By: C i �- Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: Bv: LaVonne Harkless, City Clerk Attachment: Exhibit A — Scope of Work CITY OF NEWPORT BEACH, A Municipal Corporation in Mayor for the City of Newport Beach CONSULTANT: CONNECTIVE ISSUE 0 Krista Sloniowski, Director f :\userslpbwlsharedlagreements\fy 06- 071krista sloniowski- watershed management planamend 1REVISED.doc CONNECTIVE ISSUE PROPOSAL FOR THE CITY OF NEWPORT BEACH APRIL 16, 2007 PROJECT. NEWPORT BAY WATERSHED BASIC FINAL INTEGRATED REGIONAL WATER MANAGEMENT PLAN OVERVIEW OF PROJECT UNDERSTANDING The San Diego Creek Watershed is the primary drainage into Newport Bay and covers 112.2 square miles in central Orange County. The watershed includes portions of the cities of Costa Mesa, Irvine, Laguna Woods, Lake Forest, Newport Beach, Orange, Santa Ana, and Tustin. Its main tributary, San Diego Creek, drains into Upper Newport Bay. Smaller tributaries include Serrano Creek, Borrego Canyon Wash, Agua Chino Wash, Bee Canyon Wash, Peters Canyon Wash, Sand Canyon Wash and Bonita Canyon Creek. In addition to the San Diego Creek watershed, the Santa Ana Delhi Channel, East Costa Mesa, Santa Isabel, Big Canyon, Arches Channel and other smaller channels drain into Newport Bay. Newport Bay is a combination of two distinct bodies of water, termed "Lower" and "Upper" Newport Bay which are separated by the Pacific Coast Highway Bridge (PCH) boundary feature. Flow from Bay outlets into the Pacific Ocean and into Areas of Sensitive Biological Significance protected by the Ocean Plan. A Central Coastal Orange County Integrated Costal Watershed Management Plan is currently in preparation for this sensitive marine life areas and will be completed by June 2007. Newport Bay, its tributary sub - watersheds and the ocean receiving waters make up the central Orange County Water Management Area (WMA) as defined by the County of Orange. Last year the City of Newport Beach received a grant from the Department of Water Resources to prepare the Integrated Regional Watershed Management Plan for the Newport Bay Watershed. The City has formed a working group with staff from Irvine Ranch Water District, the County of Orange, RWQCB and other stakeholders to develop a consultant scope of work to assist the working group in preparing the IRWMP. The purpose of the IRWMP is to identify and prioritize future projects that could realize the greatest ecosystem benefits. The IRWMP will set up a mechanism for stakeholder input to assist in evolving the IRWMP as projects are put into place and as new information becomes available. Priority projects identified by the integrated planning process will receive highest attention for funding. Given that some priority projects will be very complex and require additional planning and design before the project can be implemented, the IRWM Work Plan will identify the necessary steps and components required to achieve proper program development while meeting CEQA requirements. Because of the complex and interconnected water quality problems in the watershed challenges along with the numerous jurisdictional agencies, 12 to 15 months have been allocated for the preparation of the full IRWMP. There is a distinct possibility that Proposition 50 — Phase 2 funding may become available in August, 2007 that could be applied to "beneficial use" projects in the watershed. However, in order for projects to be considered for funding, an IRWMP must be in place and the full IRWMP effort will not be completed by this date. Therefore, the Irvine Ranch Water District, the County of Orange, and the City of Newport Beach (collectively Project Partners) desire to develop the elements of an IRWMP that are necessary for Proposition 50 funding by August, 2007. IRWD and the County of Orange will be responsible for developing the Project List and a stakeholder -based prioritization required for this grant opportunity. At the same time, The City of Newport Beach will be responsible for a complimentary effort that will include a long term strategy for project integration and prioritization. This strategy will be applied to the projects that are collected within the Prop 50 grant application effort to create a basic fmal IRWMP that can be used for a Proposition 84 funding opportunity that will potentially occur as early as September, 2007. The dates for Prop 84 grant applications could be as early as September, but the actual dates are not certain yet. Because meeting the September deadline will require condensing work efforts quite significantly, the City of Newport Beach will fund additional resources required to meet this deadline if the submissions for Prop 84 grants are due that early. Once the basic final IRWMP is completed, potentially by September 1, 2007, the City of Newport Beach will continue to work on the plan per the contract requirements with DWR to produce a Final IRWMP. PROPOSED APPROACH AND PROJECT TEAM Krista Sloniowski, Director of Connective Issue, will work with the City of Newport Beach, and Project Partners as necessary, to complete a basic final Integrated Regional Water Management Plan. The scope below outlines the activities that will occur to reach that outcome. If additional resources are required to achieve the delivery deadline of September 1, additional funding will be made available to do so by the City of Newport Beach. SCOPE OF WORK Task 1— Kickoff Meeting Connective Issue shall meet with Project Partners to discuss the most expeditious way to prepare the IRWMP and the associated list of priority projects. Task 2 — IRWMP Brief Based on the discussion, Connective Issue shall prepare an IRWMP ` brieP that provides a strategic context for the watershed plan. Each project or program will have a terse summary of problems, constraints, and opportunities. Connective Issue shall work with the Project Partners to develop a metric based on the prioritization analysis presented in the Army Corps of Engineers Upper Newport Bay /San Diego Creek Watershed Feasibility Study, October 24, 2005, based on each project's or program's ability to restore the ecosystem of the watershed, ensure water supply reliability or address environmental issues that constrain the economic health of the watershed. As directed, Connective Issue shall meet with selected stakeholders to determine specific stakeholder needs and priorities. The brief will be submitted to the Project Partners for review and comment and revised accordingly. Connective Issue shall review the IRWMP requirements as stated in Proposition 50 and Proposition 84. Connective Issue shall discuss the requirements of these propositions with the Project Partners and incorporate material as directed (see Footnote 1) The IRWMP shall incorporate the existing stakeholders and governance structures. The brief shall discuss the environmental and economic needs of disadvantaged communities in the watershed. By definition, these areas do not have the political and financial leverage to push forward important projects. The goal of the IRWMP is to put in place mechanisms such that these important projects are fairly assessed. Task 3 — Stakeholder Outreach As directed, Connective Issue shall send the brief to the watershed stakeholders. They will be asked to comment As directed, Connective Issue will meet with individual stakeholders to discuss the brief (assume 8 meetings maximum). Connective Issue shall review stakeholder comments with the Project Partners and revise the IRWMP brief as directed. Task 4 — Stakeholder Charrette Connective Issue shall send the revised brief to the stakeholder group. Connective Issue shall assist the Project Partners to set up a one -day charrette. The stakeholder group would be asked to identify the priority environmental problems impacting the environmental and economic well-being of the Newport Bay Watershed as a system. Task 5 — As directed by the Project Partners, Connective Issue shall assist in preparing for and participating in discussions with State Agency staff to facilitate and ensure a partnership with the State Agencies to understand the established region, the IRWMP, and the proposed projects. Connective Issue will also attend and participate in IR \;/M Program workshops organized by the State Agencies on behalf of the stakeholders. Task 6 — Prepare the Basic Final IRWMP Connective Issue shall prepare the final basic IRWMP and submit the draft to the Project Partners for review and comments. Connective Issue shall assist in developing concepts for graphics. Graphics will be prepared by others. Connective Issue shall coordinate with the consultant preparing the Proposition 50 application package and ensure that the IRWMP appropriately supports the grant application package. As directed, Connective Issue shall revise the plan and submit the revised draft If directed by the Project Partner, Connective Issue shall meet with stakeholders to resolve any difficulties. Connective Issue shall use Newport Bay /San Diego Creek Watershed Management Plan as the basic template for the IRWMP and incorporate the objectives of following documents in the strategic integration and prioritization approach: 1. November 15, 2006 DAMP 2. Newport Bay /San Diego Creek Watershed Feasibility Study and Management Plan, 2005, USACOE; 3. County of Orange Environmental Research Section— Toxicity Task Force Work Plan (or if not available: TMDL for OC Pesticides, RWQCB, Nov. 2006); 4. San Diego Creek Watershed Riparian Ecosystem Restoration Plan, August 2004, COE; 5. Special Area Management Plan, February 2005, COE; 6. Sediment TMDL Triennial Review, May 2005, RWQCB; 7. Coastal Planning Contract Log, 2006, RWQCB; 8. Natural Treatment System Program, IRWD; 9. Information on Trash and FIB; 10. Urban Water Management Plans; 11. Water Master Plans; and 12. Capital Improvement Programs (CIP); 13. Other Relevant Planning Documents to the region 14. Data and maps as submitted by the RWMG and RAC members. 15. Harbors, Beaches and Parks Strategic Plan Footnote 1: The IRWMP will incorporate the goals and standards of Propositions 50 and 84 to include: ✓ Regional Water Management Group (Project Partners) ✓ Regional Advisory Committee (Plan Stakeholders /Project Proponents) ✓ Detailed Description of the Newport Bay /San Diego Creek Watershed ✓ IRWM Plan Goals, Objectives and Strategies ✓ Water Management Strategies —This discussion must include, but is not limited to, thoughtful consideration of the following: • Ecosystem Restoration, • Environmental and Habitat Protection and Improvement, • Water Supply Reliability, • Flood Management, • Groundwater Management, • Recreation and Public Access, • Storm Water Capture and Management, • Water Conservation, • Water Quality Protection and Improvement, • Water Recycling, and • Wetlands Enhancement and Creation. 1 • Additional water management strategies may include: conjunctive use, desalination, imported water, land use planning, NPS pollution control, surface storage, watershed planning, water and wastewater treatment, and water transfers. ✓ Integration ✓ Regional Priorities ✓ Implementation, including project prioritization and a schedule for implementation ✓ Impacts and Benefits ✓ Technical Analysis of Plan Performance ✓ Data Management ✓ Financing ✓ Statewide Priorities ✓ Relation to Local Planning ✓ Stakeholder Involvement ✓ Coordination — IRWMP Governance Milestones: 1) Kickoff Meeting —April 25 2) IRWMP Brief — May 15 3) Charrettee —June 1 4) Basic Final IRWMP— September 1 ESTIMATED LEVEL OF EFFORT AND COST The client will be charged for the time and materials it takes to accomplish these tasks, with a total cost not to exceed $71,400. Krista Sloniowski will provide services on an hourly basis, at a cost of $105 an hour. The work is proposed to be completed by August la, 2007. Krista Sloniowsld Director, Connective Issue CONSULTANT INFORMATION Connective Issue 8212 Grimsby Ave Los Angeles, CA 90045 310 - 435 -8773 5 Date CONNECTIVE ISSUE 2007 RATE STRUCTURE HOURLY RATES Junior Watershed Planner - $75/Hour Senior Watershed Planner - $i05/Hour Technical Specialist - $125/Hour