Loading...
HomeMy WebLinkAbout06 - Advocacy for Dredging ProjectsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 June 22, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office David A. Kiff, City Manager 949/644 -3000 or dkiff @newportbeachca.gov SUBJECT: Authorization to Continue a Contract with Van Scoyoc Associates regarding advocacy for Dredging Projects: Lower Newport Bay and the Santa Ana River Marsh /Newport Slough. ISSUE: Should the City re -hire a Washington DC -based firm to assist us in advocacy for funding the dredging of the Lower Newport Bay and the Santa Ana River Marsh? Authorize the City Manager to enter into a Professional Services Agreement of up to $60,000 for one year with Van Scoyoc Associates to advocate for dredging the Lower Bay and the Santa Ana River Marsh. DISCUSSION: Since 2008, the City has worked with Van Scoyoc Associates to assist us in securing Federal funds to complete the Upper Newport Bay dredging project and to start the Lower Newport Bay dredging project. The $48.5 million Upper Newport Bay Project will be done this fall thanks to an influx of more than $18 million in federal Stimulus funding, if all goes according to schedule. Lower Newport Bay. Lower Newport Bay is a commercial and recreational harbor serving about 10,000 vessels, a US Coast Guard facility, an Orange County Sheriffs Harbor Patrol facility that covers two other harbors (Dana Point and Huntington), small shipbuilding, and more. The Harbor includes a Federal Navigational Channel that runs from the Newport Harbor entrance jetties to the area near where Pacific Coast Highway and SR -55 (Newport Boulevard) meet the Harbor (see Diagram 1). The channel and nearby waterways receive sediment from a 154 - square mile upstream watershed that includes the communities of Irvine, Lake Forest, Tustin, Orange, Santa Ana, Costa Mesa, and Newport Beach. The City of Newport Beach and our upstream partners, which include the cities listed along with the County of Orange, the Irvine Ranch Water District, and others, continue to expend, on an annual basis, hundreds of UNB and LNB Advocacy June 22, 2010 Page 2 thousands of dollars in sediment management projects to keep the sediment where it should be. More than $145,000,000 has been spent in this watershed over the last 30 years to control sediment. However, some sediment continues to reach the Upper and Lower Newport Bays. Sedimentation in the Lower Bay is a significant problem for navigation and water quality, but primarily for navigation. Portions of Lower Bay have not been dredged to design depth in 70 -80 years (since the Harbor's creation). Other portions have been dredged in small bits and pieces, in amounts of $2 -4 million per job. As a result, large portions of the Bay cannot accommodate normal boats with normal drafts except at higher tides. Dock damage is prevalent, too (see photo below). Larger boats with more significant drafts are almost entirely unable to use the Harbor (see Diagram 2). Lower Newport Bay, March 4, 2008 The Lower Bay's navigational channels have been an ongoing — yet unfunded — obligation of the Federal government via the Corps. Except for brief emergency dredging episodes, in past years (through Federal FY 2009), the President's Office of Management and Budget (OMB) has not allocated any funding for this Federal obligation. However, for the first time ever, President Obama allocated $1.78 million in his FYI 0 budget for the Corps to start work in Lower Newport Bay. We believe that, to properly restore the Harbor to its design depth with an overdredge of about 2', about 1.4 million cubic yards of material needs to be removed. As the Council is aware, disposal methods greatly affect cost. The more material that can be used on local beaches and disposed of at LA -3, the lower the cost. The more material that has contamination levels too high for offshore disposal, the higher the cost. We hope to place most if not all of this material at the Port of Long Beach as the POLB expands later this year and into next. I UNB and LNB Advocacy June 22, 2010 Page 3 The Corps believes that the cost estimate for the Lower Bay project is about $29,500,000.00. Removal of 1.4 million cubic yards should provide extensive and long -term relief to the Lower Bay's recreational and commercial boating activities, provided that this is coupled with a long -term effort to: • Continue the City's commitment to cooperatively funding (with our watershed partners) the maintenance of sediment catch basins in the Santa Ana Mountain foothills and in San Diego Creek; • Maintain and add to the Robinson - Skinner Annuity (currently containing $3.8 million for the "next" Upper Newport Bay dredging effort); and • Establish and maintain a good sediment management program for the Lower Bay, estimated to be one that removes about 60,000 cubic yards of material a year (possibly multiples of that every 3, 5, or 7 years), estimated now at $1,080,000 per year. This is a Corps obligation today. As noted, about $1.78 million is in the President's Budget for Federal FY 2010. This allocation is welcome, but falls well short of the Corps' capacity. As such, we continue to work with our members of Congress and with the California Marine Affairs and Navigation Conference (CMANC) to add funding to the Project as appropriations bills move through Congress this summer and fall. Lower Newport Bay 3 UNB and LNB Advocacy June 22, 2010 Page 4 Santa Ana River Marsh /Newport Slough. The Santa Ana River Marsh is an ongoing maintenance obligation of the Corps and one that is associated with the Santa Ana River Mainstem Flood Control Project. This Corps construction project has been delayed or suspended because of limited funding. $1.9 Million is needed to complete the project. The 1990 construction of the Santa Ana Marsh was a project feature of the larger Santa Ana River Mainstem Project. The Marsh is located at the mouth of the river within the city limits of Newport Beach. The purpose of the marsh construction was to mitigate impacts from the River project and to restore 92 acres of coastal wetlands. Due to limited Federal Operation and Maintenance funding over the past years, the marsh has not been appropriately maintained. The amount necessary to restore the Marsh to its authorized project conditions is approximately $1.9 million. The City has been willing to consider working with a local land conservancy group to maintain and operate this Marsh area in conformance with Corps policy guidelines and environmental maintenance requirements upon the Marsh being restored to original design conditions. Santa Ana River Marsh Area y UNB and LNB Advocacy June 22, 2010 Page 5 To that end, this Agenda Item asks the City to continue our existing contract (with two years completed) with Van Scoyoc Associates (VSA) in Washington DC to work on these two efforts for us. Funding priority will be for the LNB followed by the Marsh. Two years ago at this time, the City informally spoke with a number of people for references, and staff was comfortable in recommending Mr. James Crum and Mr. Thane Young of VSA at the time. After two years of good success, we remain comfortable asking for another 12 -month extension. VSA would operate under the same Professional Services Agreement and billing rate ($5,000 per month — the same as last year) for up to twelve (12) months if Council authorizes this action. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: Funding for this contract exists within the existing budget (City Council's Professional and Technical Services account). Submitted by: cx-\tAN Davi A. Kiff City Manager Attachments: Professional Services Agreement, including Scope of Work 5 0 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH VAN SCOYOC ASSOCIATES FOR GOVERNMENTALADVOCACY THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Two'), is entered into as of this 1st day of July, 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "CITY "), and VAN SCOYOC ASSOCIATES, a District of Columbia Corporation, whose address is 101 Constitution Ave., NW, Suite 600, Washington DC 20001, ( "CONSULTANT'), and is made with reference to the following: RECITALS: A. On March 26, 2008, City and Consultant entered into a Professional Services Agreement ( "Agreement') for governmental advocacy services related to Federal appropriations and interactions with the US Army Corps of Engineers for the dredging projects of the Lower Newport Bay, Upper Newport Bay and Seminouk Sloughs (`Project'). B. On June 23, 2009, City and Consultant entered into an amendment to the Agreement ( "Amendment No. One "). C. City desires to enter into this Amendment No. Two to reflect additional services, to extend the term of the Agreement to June 30, 2011 and to increase the total compensation. D. City and Consultant mutually desire to amend Agreement as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement shall be amended hereby and the following is substituted in its entirety. The term of the Agreement shall be extended to June 30, 2011, unless terminated earlier as set forth in the Agreement. 2. ADDITIONAL SERVICES TO BE PERFORMED Section 2 of the Agreement shall be be amended hereby and the following is substituted in its entirety. In addition to the services to be provided pursuant to the Agreement and Amendment No. One, Consultant shall diligently perform all the services described in this Amendment No. Two including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION The introductory pargraph to Section 4 shall be amended hereby and the following is substituted in its entirety. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to this Amendment No. Two. Consultant's total amended compensation for all Work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Eighty Thousand Dollars and no /100 ($180,000.00) without prior written authorization from the City ( "Total Amended Compensation "). 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Sixty Thousand Dollars and no /100 ($60,000.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement and Amendment No. One shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] 2 I IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: - -- David R. Hunt, City Attorney ATTEST: Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A California Municipal Corporation in Keith D. Curry, Mayor CONSULTANT: VAN SCOYOC ASSOCIATES, a District of Columbia Corporation H. Steward Van Scoyoc President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Work Exhibit B— Schedule of Billing Rates 3 I Exhibit A Scope of Work VSA will: • Continue to work with the City to develop and promote a multi- tiered strategy to position the City for an integrated effort over the course of the coming year for the following projects: • Lower Newport Bay Dredging (Multi -year funding, Appropriations, Pres budget, Project coordination) • Upper Newport Bay: political awareness for project completion • Seminouk Slough — Newport Slough Dredging (Coordination with the Corps, Appropriatons) These efforts involve a combined federal agency and congressional strategy that support and complement each other— linking agency policies and congressional funding decisions. • Work with each of the relevant members of the California delegation on filed appropriations. • Assist in managing the funding proposal such that it will be scored as advantageously as possible against the appropriations outlays and federal budget, working with relevant Committee staff to discuss the City's approach to lower Newport Harbor and its history. • Identify, evaluate, and assist the City in seeking any other federal grants or funding opportunities that may also apply to the key projects. • Work with the City to identify any opportunities to secure additional funding. At this time, we see the approach for completely funding the dredging requirements for lower Newport harbor as a two -three year cycle. • Provide timely reports so that the City knows of relevant legislative and political developments. • Maintain a closely coordinated effort with the City by establishing regular contact through phone calls and emails. • Provide periodic updates on congressional activities and on the status of the City's priority issues. • Routinely prepare for the City of Newport Beach the following work products: • Analyses of developments on legislation of interest; • Summary reports and draft testimony as needed; • Meetings with members, key congressional aides, and agency officials; • A white paper(s) geared toward elected officials and their staffs justifying the project requests in simple and straightforward language. 4 H • Provide Congress with the exact appropriations bill, agency, account, and program from which the City is requesting funding. • Legislative or report language to correspond with your project requests. i - $5,000 per month Exhibit B Schedule of Billing Rates 0 �a-