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