HomeMy WebLinkAbout06 - Dredging and Disposal for Lower Newport BayCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
November 10, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Chris Miller, Harbor Resources Manager, (949) 644 -3043
cmilleKr)newoortbeachca gov
SUBJECT: First Amendment to Professional Services Agreement with Anchor QEA,
L.P. for Engineering and Environmental Tasks Associated with Dredging
and Disposal for a Lower Newport Bay Dredging Project in Newport Harbor
ISSUE:
Harbor Resources is submitting an update on the Lower Newport Bay dredging project which
includes a rare potential opportunity to dispose all of the contaminated material from the non-
federal channels in a Port of Long Beach fill project. Should the City amend the contract with
Anchor QEA, L.P. to include environmental work for Port of Long Beach disposal while also
focusing on other disposal solutions as a contingency plan?
RECOMMENDATION:
1. Approve the First Amendment to the Professional Services Agreement ( "PSA ") with
Anchor QEA, L.P. to prepare an MND and EIR for two options for the contaminated
disposal component of a Lower Newport Bay dredging project, and;
2. Adopt Budget Amendment #BA- taking $50,000 in un- appropriated Tidelands Fund
Balance and assigning these funds to Capital Improvement Project #7231- C4402001
(Newport Harbor Dredging Project).
DISCUSSION:
In July 2009, the City Council approved a contract with Anchor QEA, L.P. for $395,000 to
perform the engineering and environmental work for the contaminated disposal component of
the Lower Newport Bay dredging project. At that time, the City's disposal options focused on a
Confined Aquatic Disposal ( "CAD ") site within Newport Harbor.
Shortly thereafter, an unexpected opportunity for placing Newport Beach's non - federal
contaminated material in a large fill site planned for the Port of Long Beach ( "POLB ") has
potentially become available to the City, but requires an "approved" project be ready for
submittal to Port officials very quickly. At this point, the City is considering the Rhine Channel
dredging footprint to be from the outside of the floats on one side of the channel to the outside
of the floats on the other side of the channel. It is not the City's intent to dredge within the
individual property lines of each marina because of the complexities involved with some of the
surrounding bulkheads, and because these waterways are the upland property owner's
responsibility. However, as the project progresses, it is likely that these property owners may
Anchor QEA Amendment No. 1
November 10, 2009
Page 2
have an opportunity to work with the City to take full advantage of the dredging economies of
scale. It is anticipated that these plans and ideas will evolve during the permitting process.
Anchor QEA, L.P. believes that CEQA requirements for the City's use of the POLB Confined
Disposal Facility (CDF or Port fill) as a disposal site can be met with a Mitigated Negative
Declaration ( "MIND "). They propose to complete an MIND on this limited project by June 2010, a
timeline that will allow the City to meet POLB's schedule. The MIND would analyze disposal of
the contaminants in the non - federal channels (i.e. Rhine Channel and RGP -54 exclusion areas)
while the Army Corps of Engineers would prepare an Environmental Assessment for the federal
channel contaminant disposal. Despite the appeal of the POLB fill site option, the City must
also be prepared to respond to a situation where some or none of the material is accepted by
the POLB and a CAD (or other alternate disposal method) is needed either in whole or
combination with the POLB fill site. Thus, staff is recommending that the originally approved
EIR work continue until such time that the POLB site becomes a certainty for contaminant
disposal. In essence, the City will be going down two parallel tracks at the same time: 1) MIND
for Long Beach disposal; and 2) EIR for Newport Beach disposal. Although this may seem
redundant in some respects, much of the information gathered in the initial stages for both paths
will be beneficial for the project, and it might also help the City with future projects.
The attached amendment to the PSA includes preparation of the MIND for the POLE disposal,
and also further clarifies the EIR tasks in the original proposal.
Environmental Review: The approval of the First Amendment to the Professional Services
Agreement for environmental (CEQA) and engineering work does not require environmental
review.
Public Notice: This agenda item has been noticed according to the Brown Act (72 hours in
advance of the public meetings at which the City Council considers the item).
Financial Availability: The revised scope of work adds $50,000 for preparation of the MIND.
Staff is requesting that $50,000 be transferred from the un- appropriated Tidelands Fund
balance to account #7231- C4402001.
Prepared by:
Submitted by:
ris Miller, Harbor Resources Manager Sharon Wood, Assistant City Manager
Attachments: Exhibit 1: First Amendment to PSA
Exhibit 2: Budget Amendment
FIRST AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH ANCHOR QEA, L.P. FOR
CONFINED AQUATIC DISOSAL SCOPE OF WORK FOR
ENGINEERING PRE- DESIGN TASKS AND CEQA
COMPLIANCE
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ( "First
Amendment "), is entered into as of this day of 2009, by and
between the City of Newport Beach, a California Municipal Corporation and Charter City
( "City "), and Anchor QEA, L.P., a California Limited Partnership whose address is
28202 Cabot Road, Suite 425 Laguna Niguel, California, 92677 ( "Consultant "), and is
made with reference to the following:
RECITALS
A. On July 14, 2009 City and Consultant entered into a Professional Services
Agreement ( "Agreement'), to initiate environmental analysis (CEQA) and
engineering for the disposal of contaminated materials from a Lower Newport
Bay dredging project into a Confined Aquatic Disposal ( "CAD ") site within
Newport Harbor ( "Project ").
B. City and Consultant desire to enter into this First Amendment to allow the
preparation of a Mitigated Negative Declaration ( "MND ") that will analyze the
potential disposal of contaminated material from non - federal areas (Rhine
Channel and RGP -54 exclusion zones) in an upcoming Port of Long Beach CAD.
C. City and Consultant also desire to clarify various provisions within the Agreement
and to extend the Agreement's term to August 30, 2011.
D. Agreement Section 34 authorizes the City and Consultant to enter into this First
Amendment.
NOW, THEREFORE, it is mutually agreed by and between the City and Consultant that
adequate consideration has been provided and that the Agreement shall be amended
as follows:
1. TERM
Agreement Section 1 "Term" shall be amended to read as follows: "The term of
this Agreement shall commence on the above written date, and shall terminate
on the 3& day of August, 2011, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
The Scope of Services attached to the Agreement as Exhibit "A" and
incorporated by reference in Section 2 shall be replaced by the Scope of
Services dated November 5, 2009, which is attached to this First Amendment as
Exhibit "A" and incorporated herein by reference. The City may elect to delete
certain tasks from the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
The not to exceed total compensation dollar amount provided in Agreement
Section 4 shall be increased to a not to exceed amount of Four Hundred Forty -
Five Thousand and 001100 Dollars ($445,000).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on
the date first above written.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OFFICE OF THE CITY ATTORNEY A California Municipal Corporation
By: By:
David R. Hunt Edward Selich, Mayor
City Attorney for the City of Newport Beach
ATTEST: CONSULTANT:
A California Limited Partnership
Leilani Brown,
City Clerk
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Title:
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(Corporate Officer)
(Financial Officer)
Attachment: Exhibit "A" — November 5, 2009 Scope of Services
ANCHOR
C?EA
28211.2 Cabot Road, Suite 42S
,aguna Niguel, California 92677
Phone .949.3. 77.2780
Fax 949.347.2787.
November 5, 2009
Chris Miller
Manager, Harbor Resources Division
City of Newport Beach
829 Harbor Island Drive
Newport Beach, California 92660
Exhibit A
Re: Lower Newport Bay Confined Aquatic Disposal Site/Non- Federal Dredging Areas
Scope of Work and Budget for Engineering Pre -design Tasks and CEQA Compliance
Dear Chris:
Based on our recent telephone conversations and subsequent meetings with City Planning
staff on July 31, October 16, and November 3, 2009, we have prepared the following
modified scope of work to document the requested changes to the subject project for the
Lower Newport Bay Confined Aquatic Disposal (CAD) site/Non- Federal Dredging Areas
engineering pre- design and California Environmental Quality Act (CEQA) compliance.
These modifications are required to document recent changes in project direction as they
relate to a potentially new option for contaminated sediment disposal at the Port of Long
Beach. Also attached is a revised project schedule and budget to reflect the revised tasks.
TASK 1: PRE - DESIGN ENGINEERING TASKS AND ANALYSES
Prior to the start of the actual engineering design for a CAD cell in Lower Newport Bay or
for dredging any of the non - Federal areas, there are numerous pre -design engineering tasks
and analyses that must be performed. This information is important to complete the initial
phases of the CEQA process (e.g., selection of the preferred alternative and to provide
information to assist in conducting impact analyses such as dredge footprint and equipment
needs) and future engineering design. This information will also be valuable for
understanding the project area and identifying physical constraints that could dictate or limit
aspects of the design. Engineering design will occur later, after details such as proposed
www.anchorgea.com
Mr. Chris Miller
November 5, 2009
construction approach and targeted contaminated sediment volumes are defined. As such,
the costs for the engineering design (preparation of construction plans and specifications) are
not included in the current scope of work.
The sub -tasks below will be performed in parallel with the preparation of CEQA documents.
Subtask 1.1: Review of Existing literature
Existing information provided by the City will be reviewed in detail by the design team and
will focus on identifying key elements necessary for design, such as maps and as -built plans
for existing harbor structures; information on vessels that frequently pass through the area
proposed for CAD cell construction; wind, waves, and currents; and previous physical and
chemical characterizations of sediments in Lower Newport Bay (LNB). The existing
bathymetric information from the City and the USACE will also be reviewed to determine if
there is adequate coverage over the design areas or if data gaps exist and if a supplemental
survey is needed. Responsibility for conducting surveys within the non - Federal areas of LNB
(e.g., Rhine Channel) falls upon the City and are not included in this scope of work. All data
collected during this subtask will be loaded into our CADD and GIs systems for use in
preparing site figures and during the actual design phases.
Task Deliverable: Base maps showing project location, site bathymetry, existing conditions,
land uses, potentially impacted resources, utilities, and anticipated dredge areas.
Subtask 1.2: locate and Record all Utility Crossings within CAD Area
There are documented underwater crossings of water and telephone lines within LNB that
Anchor QEA will research and record on any future design drawings for the project.
Although, these crossing do not appear to be in the vicinity of the potential CAD cell
locations (determined during the field investigation phase), such locations will need to be
precisely identified prior to proceeding forward with the dredging design. This information
will be obtained by meeting with the appropriate utility companies and City personnel to
discuss their knowledge of the locations of utilities in Newport Bay and to review their as-
built drawings. As with Subtask 1. 1, this information will be loaded into our CADD and GIs
systems to assist with future design tasks as well as selecting the preferred alternative.
Mr. Chris Miller
November 5, 2009
Task Deliverable: Data layers for internal Anchor QEA use in building the site base maps.
Subtask 1.3: Hydraulic Pipeline Routing Research and Layout
If, during CAD cell construction, the City chooses to pump the sediment over Balboa
Peninsula, a large portion of the hydraulic pipeline will need to be routed over land, from a
point near the CAD cell to the other side of the peninsula where a likely point of discharge
on the beach might exist. Therefore, an implementable and cost - effective upland pipeline
route will need to be identified. This pipeline will need to be routed such that it minimizes
disruption to local traffic and avoids existing structural features and utility lines, among
other factors. Anchor QEA will work closely with the City's Public Works Department to
discuss potential pipeline placement routes and identify associated costs and challenges with
each option. Alternately, if a pipeline route is selected through LNB, a similar process will be
required to select potential routes and associated potential impact areas for evaluation during
the CEQA process. Anchor QEA will evaluate both potential options for the project.
Task Deliverable: Data layers for internal Anchor QEA use in building the site base maps.
Subtask 1.4: CAD and Non - Federal Dredging Area Structural Offsets or
Protection Evaluation
Dredging near any shoreline structure has the potential to create unstable conditions due to
removal of passive earth pressures or undermining of the structure in the future. Thus, based
on information provided by the City, Anchor QEA will identify and review the position,
layout, and general condition of structures within or near the planned non - Federal dredging
areas and CAD cell locations to determine if precautionary measures (such as dredging offsets
or additional protection) will be necessary to retain the stability of the structure and avoid
adverse impacts on stability. This work includes reviewing as -built drawings for all
shoreline areas proposed for dredging or CAD cell locations as well as conducting field
surveys to verify the current condition of the structures. The information gathered during
this step will aid in selecting a preferred location for the CAD cell, if that is the alternative
selected.
Mr. Chris Miller
November 5, 2009
Page 4
In addition to the structural evaluation of the CAD cell, data on potential removal depths
adjacent to the bulkheads within the Rhine Channel will also be critical for forecasting
future design efforts to the non - Federal dredging areas. This information can be gathered by
measuring the depth to the native sand layer within various areas of the Rhine Channel to
compare target removal depths from the center of the channel with that for the outside
perimeter along the bulkheads. This will be accomplished in the field using a hand corer
from a small boat.
Task Deliverable: Data layers for internal Anchor QEA use in building the site base maps and
information regarding construction requirements /equipment to be used in conducting the
CEQA evaluation.
Subtask 1.5: Preliminary Modeling of Environmental Protectiveness for CAD Cell
Using physical and chemical characteristics of sediments available from previous studies, a
series of USACE - developed computer models (or other suitable models) will be used to
provide an estimate of environmental protectiveness of dredging and disposal activities
(water quality modeling) and long -term containment of the chemically impacted sediments
(cap breakthrough modeling) within the CAD cell.
The Short-term Fate of Dredged Material Disposal model (STFATE; developed by USACE)
will be run to simulate sediment resuspension and loss of particulates during their descent
through the water column into the CAD cell, which can predict the concentration of total
suspended solids (TSS) remaining in suspension at a particular time and their lateral
spreading distance from the point of dumping.
Additionally, a preliminary run of the steady -state "cap chemical breakthrough" model
(developed by Reible, et al.) will also be run to predict the ability of surficial capping
material to chemically isolate the underlying contaminated sediments from burrowing
organisms and biota residing in the overlying water column under long -term scenarios. This
analysis will determine the preliminary required minimum cap thickness in order to
maintain environmental protectiveness.
Mr. Chris Miller
November 5, 2009
Page 5
Included in this subtask will be the evaluation of bioturbation on the cap surface as it relates
to the potential for redistribution of buried contaminants from burrowing organisms. Scour
potential from wind, wave, and currents will also be evaluated to ensure that the preliminary
cap design provides protection from erosional forces as well as chemical flux and biological
activity. Lastly, a preliminary evaluation of effects from future uses (e.g., mooring
installations and repairs) will be evaluated and incorporated in the revised conceptual cap
design. In addition to providing vital engineering design information, this data will also
assist in comparing potential CAD site impacts to other alternatives as well as preferred site
selection based on site conditions (e.g., water depth, currents, etc.). Some of the models
performed during this subtask will be conducted by Everest International Consultants,
operating as a subconsultant to Anchor QEA.
Task Deliverable: Model results showing probable construction requirements for use in
preparing the project description for the CEQA evaluation.
Subtask 1.6: Preliminary CAD /Non - Federal Dredging Production Rates
Using harbor bathymetry (i.e., available drafts), distance of travel, likely dredging volumes,
and dredging equipment, preliminary production rates will be calculated to provide estimates
of construction duration under different scenarios. This preliminary production rate will
then be compared against dredging closure windows and seasonal activities to identify
optimal construction sequences and will be useful in developing a range of engineer's cost
estimates based on varying conditions (described below) for use in alternative selection
and/or CAD cell positioning.
Task Deliverable: Preliminary dredging production rates affecting probable construction
requirements for use in preparing the project description for the CEQA evaluation.
Subtask 1.7: Development of Preliminary CAD Cell /Non - Federal Dredging
Construction Unit Costs
Using the preliminary information gathered in the above subtasks, as well as information
gathered from discussions with local contractors competent to perform the work, a
preliminary set of construction unit costs will be prepared. These estimates will include
Mr. Chris Miller
November 5, 2009
Page 6
rough order of magnitude costs for key construction components (such as mobilization and
demobilization), dredging and disposal unit rates (hydraulic and mechanical), structural
protection (if necessary), and capping material placement. The purpose for conducting this
task at this phase of the project is to allow the City to make critical, construction - related
decisions required to complete the initial CEQA tasks such as optimal CAD cell location. A
formal cost estimate will be developed during the latter phases of the engineering design,
once dredging and filling quantities have been finalized. The cost for developing the formal
engineer's cost estimate is not included in the current scope of work.
Task Deliverable: Cost analysis tables.
Subtask 1.8: Coordination with USACE and other Agencies
Most of the navigational channels within LNB are maintained by the USACE and any
dredging within those areas will be its responsibility. Close coordination with USACE staff
will be critical in determining future roles for performing the various design tasks (e.g., the
USACE may request the City's assistance with engineering design for the federal channel
areas where contaminated sediments occur) and how design documents will come together
in the end for bidding and also for cost sharing purposes. Meetings with other entities (Port
of Long Beach, regulatory agencies, etc.) related to potential disposal alternatives will also be
conducted to gauge potential, unforeseen concerns early in the design process. This
approach would lead to a corrected course of action early on, and avoids delays later in the
review process.
Task Deliverable: No formal deliverables will be produced as a result of this task.
TASK 2: CALIFORNIA ENVIRONMENTAL QUALITY ACT DOCUMENT
PREPARATION
The following details our approach to CEQA documentation. Please note that associated
costs to prepare and submit applications and obtain all necessary permits for the proposed
construction project have not been included in the current scope of work.
Mr. Chris Miller
November 5, 2009
Construction of a CAD and the non - Federal dredging activities require environmental
review under both state (CEQA) and federal (National Environmental Policy Act [NEPA])
guidelines. The City would act as the lead CEQA agency, and the U.S. Army Corps of
Engineers Regulatory Program (USAGE) would act as the lead NEPA agency.
Anchor QEA will prepare the CEQA documentation with the understanding of the
requirements of future permit applications. These construction activities are also subject to
permits issued under Section 10 of the Rivers and Harbors Act (RHA), Sections 404 and 401
of the Clean Water Act (CWA), and the California Coastal Act (CCA). For this project, the
USACE would be the lead agency for RHA and CWA Section 404 permits, as well as
associated consultations for Endangered Species Act/Essential Fish Habitat (ESA/EFH) issues,
including eelgrass. The Santa Ana Regional Water Quality Control Board (SARWQCB)
would be the lead agency for CWA Section 401 as well as Waste Discharge Requirements
(WDRs). The California Coastal Commission (CCC) would be the lead CCA agency. In
addition to requiring a Coastal Development Permit, the CCC will treat the project as either
a City project requiring a consistency certification or as a USACE Operations and
Maintenance (O &M) project requiring a federal consistency determination.
All of the above mentioned agencies, including other consulting agencies such as the U.S.
Environmental Protection Agency (USEPA), have used essentially the same permitting
strategy for developing similar CAD sites in Southern California and thus have experience
with review and approval of CAD site development. Both the USACE Regulatory Division
and the O &M program will prepare Environmental Assessments (EAs) to meet their own
NEPA requirements for the non - Federal dredging and Federal dredging, respectively.
Additionally, at this time, it is assumed that a California State Lands Commission (CSLC)
dredging lease will also need to be obtained for any dredging and disposal components
outside the Federal channel areas.
Initially, the City intended to prepare an EIR that evaluated a range of sediment disposal
options including port fill and the construction of a CAD cell in LNB, although a port fill was
not at that time available and would need to be dropped as a reasonable alternative.
Recently, a potential opportunity for disposing of contaminated sediments at a port fill
Mr. Chris Miller
November 5, 2009
Page 8
within the Port of Long Beach has become available, but requires immediate permitting and
engineering attention. As such, the current plan is to prepare, in parallel with the EIR, an
MND that focuses on non - Federal dredging areas only and disposal of the material within a
POLB fill site. The goal is for both CEQA processes to proceed in parallel until such time
that one becomes the obvious path forward. The parallel preparation of the EIR and MND is
broken down into the following logical steps. Please note that tasks below group several steps
into logical sub -tasks and that the Gantt chart provides further task -by -task detail.
Subtask 2.1: Harbor -wide Contaminated Sediment Management Alternatives
Analysis Document
Prior to the preparation of the EIR, Anchor QEA will prepare a detailed, alternatives analysis
document which focuses on the requirements of each alternative in terms of cost,
technical/logistical issues, environmental impacts, and regulatory feasibility. This document
will be provided to the City for the City's determination of which alternatives to include in
the EIR. The alternatives analysis will also evaluate and select the preferred location of a
CAD cell in LNB for analysis in the EIR.
The analysis completed as part of task 2.1 will be referenced and included as a technical
appendix to the EIR. The EIR will describe, in detail, the rationale for any alternatives that
were considered but eliminated, and make extensive use of the task 2.1 deliverable.
Alternatives to be considered in the subtask 2.1 deliverable are:
1. Upland Landfill Disposal
2. On -site Sediment Treatment Facility (cement stabilization and sand separation)
3. Long Beach CAD Placement in the energy island borrow pits
4. Future Port Fill only (subject of the MND)
5. Alternative CAD site locations in LNB
Task Deliverable: Alternatives analysis document describing the full range of alternatives
available to the City for disposal of non - Federal dredge material (including potential
locations for a CAD cell in LNB). This document will identify the alternatives for CEQA
analyses, and will be a technical appendix to the EIR.
Mr. Chris Miller
November 5, 2009
Page 9
Subtask 2.2: EIR Project Description, Table of Contents, Range of Alternatives,
Preparation of an NOP, and Scoping Meeting
Following the completion of subtask 2. 1, the EIR would be initiated with a CEQA kick -off
meeting with City staff to develop and review the Project Description (PD), the table of
contents for the EIR, and review and approval of a Notice of Preparation (NOP) for the EIR.
Anchor QEA staff would prepare the draft PD, table of contents, a proposed range of
alternatives, and IS/NOP for City approval. AQEA is proceeding with the plan to prepare an
eventual focused EIR. Our expectation is the IS (prepared for the MND in parallel with these
activities) will identify certain areas of CEQA analyses that can be "scoped out" of the future
EIR.
Following approval of these items, Anchor QEA will prepare the NOP for the City's
approval. Anchor QEA will prepare a sufficient number of copies of the NOP to mail to the
interested parties as required under CEQA. The City will provide Anchor QEA with
stamped envelopes addressed to the interested parties which Anchor QEA will stuff and
place in the mail. The City will be responsible for publishing the NOP.
Anchor QEA will assist the City with the scoping meeting, including preparing displays and
setting up the room. The City will be responsible for providing the meeting locale and the
reporter, and for conducting the meeting. Anchor QEA staff will be present to answer
questions or provide detail in response to questions. We would anticipate the scoping
meeting to be a well attended large public forum, with substantial amounts of comments
resulting from it to incorporate into the draft EIR.
Anchor QEA understands the concerns of the City and the residents related to the range of
alternatives. In crafting these alternatives, we will rely on our professional judgment and
expertise, public input, and the results of Anchor QEA's previously completed Feasibility
Study (FS) and our alternatives analysis report prepared under Task 2.1 to help determine
which alternatives are carried forward for co -equal analysis, and which are discussed as not
carried forward based on failing to meet the project objectives or obvious significant impacts.
Mr. Chris Miller
November 5, 2009
Page 10
Task Deliverables: The following deliverables (draft and final format) will be submitted
under this task: project description, EIR table of contents, and Initial Study/Notice of
Preparation.
Subtask 23: Conduct Biological and Technical Studies, Prepare Draft and Final
EIR
This step includes all necessary biological and technical documentation to complete the
internal draft EIR (as well as inform the MND). The document will be prepared in full
consideration of the City of Newport Beach's needs and precedents, all relevant CEQA
statutes, as well as the future needs of other agencies for their permitting needs, e.g., the
Corps, Coastal Commission, and the Santa Ana Regional Water Quality Control Board (SA-
RWQCB). The alternatives analysis will also meet the requirements of the Corps of
Engineers 404(6)(1) alternatives analyses.
Anchor QEA will incorporate the public comments received during the scoping process and
prepare an internal administrative draft EIR. Anchor QEA will consider impacts related to
the agreed range of alternatives developed in Subtask 2. 1, and will also include draft needed
mitigation measures and a draft Mitigation and Monitoring Reporting Plan (MMRP),
proposed best management practices (BMPs), and Water Quality Plans. Anchor QEA, in
compliance with CEQA requirements, will analyze the following environmental elements:
• Aesthetics
• Air and Noise
• Transportation
• Biological Resources
• Water Quality, including hydrology and chemistry
• Cultural Resources
• Safety /Hazardous Materials /Risk of Upset
• Land Use and Utilities
• Geology and soils, including soil chemistry
• Recreation and public facilities
Mr. Chris Miller
November 5, 2009
Paae 11
Please note that any impact area "scoped out" as part of the Initial Study process would not
be included in the EIR. Because an IS has not yet been prepared, our scope and budget
presumes preparing technical information for all of the above listed sections.
Alternatives carried forward for "co- equal' analyses will be carefully and methodically
discussed. Special attention will be paid to cost, logistics, environmental protectiveness,
construction related impacts (e.g. water quality), and long -term operation. All CEQA
biological and technical information will be prepared in -house with the exception of our use
and oversight of an air quality subconsultant, iLanco, Inc., who has worked with Anchor
QEA on dredging air quality issues on numerous projects, including the Port of Hueneme
CAD site.
Anchor QEA will submit the document to the City for review, and then incorporate any City
comments received, prepare the public draft EIR, and manage the circulation of the public
draft as well as the hearing on the draft (as described in subtask 2.2). We will also include a
draft Mitigation and Monitoring Reporting Plan (MMRP) with the draft EIR. Anchor QEA
will prepare 60 hard copies of the public draft EIR, as well as posting the draft to the project
website. Anchor QEA's production budget assumes that all technical appendices to the draft
and final EIR will be attached as CDs.
Anchor QEA will then review comments received during this stage, prepare a response to
comments, and finalize the document including preparation of the findings and management
of the administrative processes required to file the document. Our current schedule and
budget are based on responses to comments and edits to the draft that can be accomplished
based on the information prepared to date, e.g. responses and edits do not require addition of
new alternatives after the publication of the draft, or new technical studies not previously
considered. If, for example, the City requests new alternatives be developed and included,
new technical studies are requested, and/or the document needs to be re- circulated in draft
form, additional funds will be required.
Task Deliverables: 5 hard copies of the administrative draft; 60 hard copies of the draft and 5
copies of the final EIR document.
Mr. Chris Miller
November 5, 2009
Faze 12
Subtask 2.4: Prepare Draft and Final MND
In parallel to the tasks above, Anchor QEA will initiate an Initial Study and Mitigated
Negative Declaration for dredging and transport of all non - Federal contaminated sediments
to the POLB Middle Harbor slip fill. Non - Federal contaminated material refers to the Rhine
Channel and the Regional general Permit (RGP) 54 exclusion areas. This task will be
conducted in parallel with Subtasks 2.1 to 2.3 above. This step is necessary to meet the
aggressive planning schedule for potential use of the POLB fill site. This task also includes
preparing the required public notices and management of administrative tasks. We will
prepare an administrative draft IS, incorporate all City comments in the administrative draft
IS, publish the Notice of Availability of the MND, and attend the hearing on the IS /MND.
As with the EIR review process described in Subtask 2.3, depending on the number and
diversity of comments received, or any requested additional studies, we may require
additional funds to complete the MND.
Our estimated cost for the MND tasks is $40,000. This cost estimate is based on the following
assumptions:
• Assistance and management of all CEQA administrative tasks, including the
preparation of mailings and notices; stamped, addressed envelopes will be provided by
the City; the City will publish the notices in the newspaper and record the MND with
the County
• Preparation of an administrative and public draft MND
• Attendance at Council hearings on the MND, as needed
• Agency coordination, as needed
Task Deliverables: 5 hard copies and 10 CDs each of the administrative draft MND; 60 hard
copies of the draft MND, and 5 copies of the final MND (all technical appendices will be
attached to the IS/MND as CDs).
Mr. Chris Miller
November 5, 2009
Page 13
TASK 3: Miscellaneous Outreach Meetings, Agency Coordination Meetings, and
Other Project Coordination
Task 3 provides funds for Anchor QEA staff to attend any and all public outreach or
workshop meetings, agency coordination meetings, and/or any other related or required
meetings conducted through the end of 2010. While Anchor QEA will attend all meetings
regardless of the number required for this project, this commitment is based on our recent
work developing the Port Hueneme CAD cell where the meetings included approximately 2
City meetings per month, up to 2 stakeholder meetings per month and up to 1 agency
meeting per month. These are in addition to the more formal scoping meetings and council
updates.
As part of the public outreach meetings, Anchor QEA will attend up to three formalized
public workshops on the project and we have included the costs for those meetings into our
budget request. These meetings would be separate from the CEQA process. As has occurred
thus far, we propose that the City and Anchor QEA continue to target key stakeholder
groups individually with separate, focused meetings.
Anchor QEA will set up and manage a Lower Newport Bay dredging website and use that
forum to post and distribute all CEQA related materials. The advantage of setting up the
website early in the process is that citizens would become accustomed to viewing the site for
information; when construction begins and public notices become important to safety and
public information, this site will be an invaluable resource.
Task Deliverables: Meeting notes; LNB dredging website.
SCHEDULE AND BUDGET
The overall effect of the requested changes (MND and EIR preparation in tandem and
advance alternatives analysis for the CAD) on the project schedule and budget vary. The
revised estimated budget ($445,000) is $50,000 higher than our previous estimate to reflect
the addition of the MND deliverables listed in Subtask 2.4 and the increased production costs
of the MND and EIR. A summary of our costs is provided in Table 1.
Mr. Chris Miller
November 5, 2009
Pape 14
The overall impact on the project schedule is mixed. While the accelerated MND path will
result in an approved project by fall of 2010, the full EIR path will likely not be completed
until sometime in early 2011. This is later than previously estimated because of the delays in
getting the project initiated as the City decides on the appropriate path forward. The
attached schedule details the anticipated work window for each of the steps and subtasks.
Please note that should the MND path be taken forward to conclusion, the agency permits
step would be advanced.
We hope this info sufficiently and accurately details the discussions that we had regarding
the requested changes. If we have missed anything, please do not hesitate to contact me or
Dr. Josh Burnam at (949) 347 -2780.
Sincerely,
Steve Cappellino
Partner, Anchor QEA, L.P.
Mr. Chris Miller
November 5, 2009
Page 15
Table 1:
Estimated Costs for Current Scope of Work
Task
Estimated "Cost
Task 1 PRE - DESIGN ENGINEERING TASKS AND ANALYSES
Review of Existing Literature and
Task 1.1
$25,000
Additional Research
Locate and Record All Utility Crossings
Task 1.2
$5,000
within CAD Area
Hydraulic Pipeline Routing
Task 1.3
$20,000
Research /Sand Placement Locations
CAD and City Dredge Areas Structural
Task 1.4
$22,000
Offsets or Protection Evaluation
Preliminary Modeling of Environmental
Task 1.5
$30,000
Protectiveness for CAD Cell
Task 1.6
Preliminary Production Rates
$4,000
Development of Preliminary
Task 1.7
$101000
Construction Unit Costs
Coordination with USAGE and Other
Task 1.8
$12,000
Agencies
Tosk l Estimated Costs
$228,000
Task 2 CECIA DOCUMENT PREPARATION
Harbor -wide Contaminated Sediment
Task 2.1
$63'000
Management Alternatives Analysis
Project Description, Table of Contents,
Task 2.2
Range of Alternatives, Preparation of
$42,000
an NOP, and Conduct Scoping Meeting
Conduct Biological and Technical
Task 2.3
$130,000
Studies, Prepare Draft and Final EIR
Task 2.4
Prepare Draft and Final MND
$45,000
Task 2 Estimated Costs
$275,000
Task 3 MEETING TASKS
Task 3.1 Agency Coordination & Outreach
$32,000
Task 3 Estimated Costs
$32,000
Grand Total far Tasks 1-3 $445,000
S
Prbeesign studies
120 days
Early mmach antl agenty cdnsuftadon
90 days
3 Prepare Aftcmatives Malyais Document
........ ........ ........ ...... ....... ... ... .....
30 days
..... ..._....._ei ntal .e. ... ...... ... ..
. Projttt Environmental Review
.. ...
'. 341 days
OR
301 days
Cemp list e Project Description and! Oran NOP
', 14 deys
13mlogical and! Technical Studies as needed
60 days
Revise NOR and Mail NOP
45 days
3 $caPl Meaning
11 ddYa
Prepare Admin Drag
90 days
City severe, of Hdmin draft
� 30 days
...... ..._ . nd stC ..._... ..._.
Rasp :ty rHmments "�'�
� 21 days
3 Prepare Pudic Drag
30 days
S Not. Cadd, rvPUblmh Notice dAvailabilkY
Yday
Caesurae Draft and Conduits Meeting
30 days
Response to Comments
W days
Cedtfiratwn of Final EIR - �
14 days
Adopt Pintlingz and MMRP
]days
CiN approves tl <Proltta
)dHYa
- City files Notice of Determination
) days
MND
166 days
-- 9oibgral and Technical Studms as needed - -
55 days
Prepme admimet fve draft Initial Study
55 days
City unriew of edmiNSRahve tlra% - _- - -
21 Lays
-- - FIha1 fiat IStudylpred MND - - -
10 day s
Nvbce to Adopt KIND _ - -- .. ...........
1'EaY
public: review
30 days
- -- City cnuncl approves project
14
dvOce or Dekeminanon
5 days
...... ....... ---- .
30 day filing ..
Y Operiod with County Clerk
........ days
30 days
Pm4 ndgn studies
7 77i Early outreach and agency consuMalion
apare Aftemadves Analysis Document
OR
and Technical Studlea as needed
ne Mail NOP
9
Adman Draft
to City comments
.pare Public Draft
and Notice of ConsplatioNPublish Notice of Availability
Public Comment Period
r- easponce to Comment
�—.-Cedi%cation of Final OR
antl MMRP
City Plans Notice of Cetermination
Boilogioal and Technical Studies as needed
y__:�Prepam adminiataadve draft initial Study
z
i ate review of aemaniHaah.e Bran
�Fnabae Initial StudyMraft MND
LN011ca to Adopt MIND
City council approves project
L35 Nadi. of Datemtmalien
W day fill" perktl with County Clerk
Task N — proses. Summary ^ EAemal Tasks ,ilhi'y Deadline •j
Prvjevt CNBCAD vs EIR Irc _.___..._........,
is
Case: Wed 1114109 Split Milestone . Project Summery External Milestdoe
Page 1
City of Newport Beach
BUDGET AMENDMENT
2009 -10
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
Hx from unappropriated fund balance
EXPLANATION:
NO. BA- 10BA -019
AMOUNT: 550,000.00
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations to approve amendment No. 1 to the professional services agreement with ArKAV QEA
Inc. for enineering and environmental tasks associated with dredging and disposal for a Lower Bay dredging project In Newport
Harbor.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
230 3605 Tidelands Fund - Fund Balance $50.000.00
REVENUE ES77MATES (3601)
Fund/Division Account
EXPENDITURE APPROPRIATIONS (3603)
�
Description
Division Number 7231 Tidelands Capital
Account Number C4402001 Harbor Dredging Project
Division Number
Account Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Financial Approval: Administrative Services Director
r rrr rr
Al 6 / e
ll L
Dale
Signed:
City Council Approval: City Clerk Date