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Home My WebLink About17 - Big Canyon Creek Restoration Project Phase IICITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 February 10, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Big Canyon Creek Restoration Project- Phase II (Water Quality Improvement Components) ISSUE: With notification of the recent receipt of a $200,000 grant for the Big Canyon Creek Restoration Project's Phase II, should the City amend its existing contract with . Community Conservancy International (CCI) to complete the planning associated with the Project? RECOMMENDATIONS: 1. Direct the staff to accept a grant from the State Water Resources Control Board (SWRCB) in the amount of $200,000 for the Big Canyon Restoration Project, Phase II (Water Quality Improvements); 2. Authorize the City Manager to execute an existing Professional Services Agreement with Community Conservancy International (CCI) to reflect the $200,000 grant and a revised Scope of Work; 3. Authorize the City Manager to include in the proposed 2004 -05 Capital Improvement Program a match in the amount of $30,000 to match the $200,000 grant; and 4. Authorize the City Manager to make changes as necessary to the Phase II scope of work and budget provided that the terms and deliverables remain substantially similar to the document attached to this Staff Report. DISCUSSION: Background: Newport Bay is Newport Beach's most treasured environmental asset. From the ecological reserve and parkland in the Upper Bay to the boating, residential, and visitor - serving uses in the Lower Bay, Newport Bay is home to six endangered species, the nation's largest small craft harbor, tour and charter boat operations, more 48M4.l C.0o menu W SettiMsVektomhU l Soiingil7empma lnten Fila\OLUP 2 -10 N Big C ny n Ph w 11 .dm Big Canyon Creek Restoration Project— Phase II February 10, 2004 Page 2 than sixty different commercial ventures, rowing clubs, yacht races, millions of visitors • annually, and more. Upper Newport Bay - including its ecological reserve (administered by the California Department of Fish and Game), its regional park (administered by the County of Orange) and the access provided by Back Bay Drive (administered by the City) - is one of California's more challenging resources to manage and protect. Several major and complex Upper Bay projects involving a multitude of agencies are underway today, including: • Upper Newport Bay Ecological Restoration Project. This US Army Corps of Engineers -led (US ACE) study is the "Big Dredge" set for Fall 2004. The dredging project will be about three times as large as the last dredging project, with up to $13.5 million in funds coming from Proposition 12 (approved by the voters in March 2000) and another $20 million from the federal government. This $33.5 million project is cost - shared 65 % -35% between the federal government and state /local partners. • Newport Bay /San Diego Creek Watershed Feasibility Study. This US ACE -led Study looks at ways to reduce sediment and nutrient deposits in the Upper Bay by keeping the sediment at its source. The Study is identifying locations in the San Diego Creek watershed that will catch sediment, treat runoff (in part via the IRWD's Natural Treatment System or "NTS" project), and preserve and restore habitat. • • Sediment/Nutrient TMDL Compliance. To comply with recently- adopted total maximum daily loads (TMDLs) that limit sediment and nutrients into the Bay, the City helps fund ongoing monitoring and maintenance of upstream environments to meet the TMDL's limits. Even with these three major efforts, the Upper Bay still faces significant problems relating to the region's heavy use of the Bay as a park, reserve, and local resource. These problems include: • Erosion of the City -, County -, and privately -owned slopes that abut the Bay; • Infestation by non - native plants; • Increased threats to endangered, threatened and species of concern; • Continued serious loss of wetland, saltmarsh, mudflat and transitional habitats; • Trespassing and vandalism in sensitive areas due to a lack of appropriate public access; and • Inputs of contaminated runoff from Bay- adjacent residential and business areas. About CCI. Aware of these concerns, representatives of the Newport Bay Naturalists and Friends discussed Upper Newport Bay's challenges with Community Conservancy International (www.ccint.org). CCI describes itself as "a non - profit organization dedicated to preserving natural lands and waters worldwide and implementing conservation - compatible projects to protect local communities.." CCI recently 49"" 1 Big Canyon Creek Restoration Project — Phase )) February 10, 2004 Page 3 • advocated and planned for two square miles of park and open space in the Baldwin Hills (near Ballona Creek in southwestern Los Angeles). CCI succeeded in securing $36 million in state funding for the Baldwin Hills. E The Restoration Project. CC[ has focused its attention on Big Canyon Creek, a drainage that receives runoff from two square miles of primarily urbanized watershed, the Big Canyon Country Club and adjacent residences, and that runs through the 58- acre Big Canyon Nature Park, a City park. The City Council approved planning funding for the Project - called the Big Canyon Creek Restoration Project- on January 14, 2003. The Project addresses: • A restoration plan for wetlands and wetlands - related habitats • The needs of endangered and threatened species • Unfiltered urban runoff and impacts on Bay water quality • Drainage needs of golf course, City storm drains and bluffside homes • Public access and connection to Big Canyon Nature Park • Flood prevention • Public agency needs and concerns Sig Canyon Creek Area After receiving Council authorization to do so via Resolution 2002 -15 on January 22, 2002, Ms. Feldman and the City jointly applied to the State Coastal Conservancy, via its Southern California Wetlands Recovery Project (SCWRP), for a grant to complete Phase I of the Project (Planning and Technical Studies). On October 31, 2002, the 49 "" Big Canyon Creek Restoration Project— Phase 11 February 10, 2004 Page 4 SCWRP approved a grant of $167,000 for Phase I. The City matched the grant with • $110,000 from the Upper Newport Bay Restoration Account. Another $27,000 in in -kind support came from the Newport Bay Naturalists and Friends and from CCI itself. About the Upper Newport Bay Restoration Account. State law and other regulatory agencies (including SB 576 [Johnson] and the National Marine Fisheries Service or "NMFS ") direct the City to reserve a portion of the revenue it receives from the residences at Beacon Bay as well as mitigation for Lower Bay dockwork for restoration projects in the Bay. These funds go into an account called the Upper Newport Bay Restoration Account. At the end of June 2002, there was $238,822.39 in this Account (technically a designation of equity within the Tidelands Fund, #230 - 3755). Phase I Work. CCI completed a majority of the Project's Phase I work in Fall 2003. The culmination of the work included public meetings and a consensus by various resources agencies that one identified alternative - called the Historic Tidal Wetlands Alternative - is the project alternative that should provide the best habitat value for Big Canyon Creek. A schematic of the Alternative is Attachment B. The City will receive a final report from Phase I sometime in Spring 2004. What's in Phase II. Phase II continues planning and design work for the Project with the Historic Tidal Wetlands Alternative as the guiding use. Phase II includes a comprehensive study of water quality concerns in Big Canyon Creek, including the following specific tasks (further delineated in the proposed PSA Amendment): • Task 1: Project Administration Task 2: CEQA Documentation and Permits Task 3: Project Monitoring and Performance Plan/QAPP Task 4: Conduct Water Quality Sampling and Analysis Task 5: Hold Public Agency and Stakeholder Meetings Task 6: Conduct Restoration and Site Design Task 7: Prepare and Distribute Public Information Task 8: Conduct Public Workshop Task 9: Prepare draft and final reports Funding. The State Water Resources Control Board awarded $200,000 to this component of Phase II following the submission of a grant application and a competitive statewide review of eligible grant- funded projects. CCI prepared the grant application under the City's direction. The grant is contingent upon a City match of $30,000 for the Phase, an amount that can be contributed in FY 2004 -05 using the Newport Bay Restoration Account or similar funding sources. CCI and the City have submitted other 48"84 1 E Big Canyon Creek Restoration Project— Phase 11 February 10, 2004 Page 5 components of Phase II to the State Coastal Conservancy and have lobbied the SCC for its support of the components. Construction. Construction might exceed $5 million. We intend to seek construction funding from Propositions 12, 13, 40, or 50 as additional grant moneys become available. Despite the State's current budget problems, we are optimistic that the Project, once planned and approved, will successfully secure construction funding given that funding from the above - mentioned propositions is unaffected by the State budget. Environmental Review: Environmental review is not required for this Council action. Public Notice: This agenda item requires standard Brown Act notice. Submitted by: Assistant City Manager Attachments: 1B1 Amendment to a Professional Services Agreement with CC[ Preferred Restoration Alternative 489984.1 Big Canyon Creek Restoration Project — Phase If February 10, 2004 Page 6 1st Amendment to a PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT, entered into this _th day of February 2004, to an existing PROFESSIONAL SERVICES AGREEMENT, entered into the 14'h day of January 2003, by and between the City of Newport Beach ( "City "), a municipal corporation, and Community Conservancy International, a non - profit corporation whose address is 10951 West Pico Blvd. Suite 201, Los Angeles, CA 90064, ( "Consultant "), is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City intends to provide for the water quality improvement, restoration, and habitat protection of Big Canyon Nature Park called the Big Canyon Creek Restoration Project ( "Project "). C. Resolution 2002 -15 authorized Consultant and the City to submit a joint application to the State Coastal Conservancy (SCC), via its Southern California Wetlands Recovery Project (SCWRP), for a grant to complete Planning and Technical Studies ( "Studies') associated with the Project. On October 31, 2002, the State Coastal Conservancy approved a grant of $167,000 for the Studies. City offered to match the SCC Grant with $110,000 from the City's Upper Newport Bay Restoration Account. D. City engaged Consultant to provide project management, sub - consultant contracting, and any other work relating to Phase I of the Project. E. The principal member of Consultant, is for purposes of this Project, Ms. Esther Feldman. F. City reviewed the previous experience and contracted with Consultant under Agreement executed in January 2003. and evaluated the expertise of Consultant, the terms and conditions provided in an G. Consultant largely completed Phase I, selecting with the assistance of public input a restoration plan called the Historic Wetlands Alternative as the going - forward restoration plan for the Project; H. In January 2004, City received notification that a Phase II proposal for $200,000 in grant funding via the State Water Resources Control Board was approved. I. City desires to engage Consultant for Phase II of the Project. 489984 I Ll i 10 0 Big Canyon Creek Restoration Project— Phase 11 February 10, 2004 Page 7 NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties that the Parties desire to amend the Professional Services Agreement between Consultant and City as follows: TERM The Agreement shall terminate on the 31s' of December 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the Phase II Scope of Work, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT The total estimated costs for services described in Phase II are $230,000. City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates, attached in the Agreement's Exhibit "B" and incorporated herein by reference. City's obligation to compensate Consultant for all work performed in accordance with this Agreement shall not exceed the total contract price of two hundred thirty thousand dollars ($230,000.00). IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation By: <8"84A Robert H. Burnham, City Attorney By: Homer Bludau, City Manager for the City of Newport Beach CONSULTANT By: Esther Feldman, President for Community Conservancy Int'I Big Canyon Creek Restoration Project— Phase 11 February 10, 2004 Page 8 Exhibit A ! Scope of Work Big Canyon Creek Restoration Project - Phase II (Water Quality Component) Consultant will be responsible for conducting various technical studies, research, meetings and other work necessary to prepare a conceptual restoration and public access plan for Big Canyon Creek and Big Canyon Nature Park. Tasks include: Task 1: Project Administration Task 2: CEQA Documentation and Permits Task 3: Project Monitoring and Performance Plan /QAPP Task 4: Conduct Water Quality Sampling and Analysis Purpose: Big Canyon Creek drains a two- square mile, heavily urbanized watershed, contributes pollutants to Newport Bay, and past water quality sampling shows a history of contamination - but no baseline water quality data exists for the creek. A baseline water quality evaluation is essential to characterize contaminants coming from this watershed and to provide data that can be used to properly design water quality improvement components of the Big Canyon Creek Restoration Project. Sub - tasks: 1. Retain testing firm 2. Prepare water quality sampling plan 3. Conduct water quality sampling and analysis, including turbidity, nutrients, fecal coliform, pesticides and heavy metals 4. Prepare baseline water quality analysis and evaluation of Big Canyon Restoration Area 5. Characterize contaminants entering and /or present within Big Canyon Restoration Area Task 5: Hold Public Agency and Stakeholder Meetings Purpose: This task's purpose is to ensure direct involvement in the design process by the many federal, state and local public agencies who have jurisdiction in Big Canyon, and definition of permitting issues and needs for each agency. There is also a need to meet with the golf course owners directly upstream of the project area to explore and evaluate possible water quality improvement measures for Big Canyon Creek on the golf course site, and to meet with the homeowner associations representing homeowners on the surrounding bluffs to discuss potential on -site water quality improvements, erosion control and non - native plant control. Sub - tasks: 1. Produce draft design drawings and related materials 2. Send notices via e-mail (public agencies) and phone (stakeholders) 3. Develop agenda for each meeting 4. Hold two group meetings with public agencies and technical team 5. Hold an on -site tour with all federal, regional, state and local agencies 6. Hold six meetings with City of Newport Beach staff in design, CEQA, project approval and permitting phases 7. Meet twice with Big Canyon Country Club 8. Meet once with each blufftop homeowners association (3) 9. Hold follow -up meetings with permitting agencies as permitting and design process moves forward 48""A Big Canyon Creek Restoration Project — Phase 11 February 10, 2004 Page 9 Task 6: Conduct Restoration and Site Design Purpose: The purpose of this task is to conduct all the technical studies and incorporate all collected data in order to refine the initial conceptual design (completed in Phase 1 in 2003), coordinate the design effort between all technical team members, develop preliminary and final design plans, allow initiation of the CEQA process and preparation of permit applications, prepare site design feasibility analyses and prepare final construction drawings and bid package. In this task, we will use the water quality data to design natural water treatment components in Big Canyon to maximize treatment prior to discharge to Upper Newport Bay, and will incorporate public and agency input into the site design. Sub - tasks: 1. conduct field studies for preliminary and final design 2. conduct preliminary, pre- construction and final engineering design 3. design habitat restoration and landscape architecture 4. design public access, trails and interpretive components 5. coordinate focused planning and design sessions with engineers, restoration specialists, public facilitators and landscape architects Task 7: Prepare and Distribute Public Information Purpose: This task's purpose is to ensure public understanding of and support for the project, and to prevent unnecessary confusion and misconceptions. This is essential in the Upper Newport Bay area, as surrounding communities use Big Canyon as a primary access point and take a very great personal interest in everything that happens here. Preparation and use of both printed and digital information will allow us to reach as many diverse users as possible from throughout the region, maximize our communication ability, and coordinate with community and conservation organizations on making the restoration plan known to their memberships. Sub - tasks: 1. develop written and digital public information materials describing restoration plan, goals, benefits 2, update community stakeholder lists 3. mail one update to stakeholder list 4. post project information on website 5. post e-mail information on restoration plan 6. provide digital data to organizations with websites who wish to post Task 8: Conduct Public Workshop Purpose: This task's purpose is to allow the public an opportunity to comment on the design plans for Big Canyon before the plans are finalized, and to allow the design team and public agencies to respond to public needs and concerns. This in turn helps meet the larger goal of designing a project with maximum public support, which helps ensure that the project can be fully funded for construction and can be implemented. Sub - tasks: 1. Select and reserve workshop venue 2. Develop workshop announcement (flyer, information for newsletters, and news releases) 3. Place announcement in local newsletters of targeted groups and in newspapers of general • circulation 4. E -mail notification to stakeholder list and post on website 5. Mail flyer to stakeholder list 4399845 Big Canyon Creek Restoration Project — Phase 11 February 10, 2004 Page 10 6. Make follow -up calls to key stakeholder group leaders 7. Post meeting announcement in public venues 8. Develop presentation panels and digital files for workshop 9. Develop handouts for workshop 10. Develop power -point presentation 11. Develop "sign -in" (attendance list) for meeting participants. Task 9: Prepare draft and final reports Purpose: Preparation of a draft allows public agencies and sub - contractors the opportunity to review and comment on the draft plan and related reports, maps, drawings, and documents, and to allow the technical team to respond to any concerns or issues before documents are finalized. Preparation of final reports and documents is for distribution to public agencies and the public, and to allow transition into the construction phase. Sub - tasks: 1. Prepare report outline and standard format and circulate to all team members 2. Compile all related information developed in previous tasks into a draft document. 3. Submit document for review and comment to RWQCB, USFWS, ACOE, NMFS, City of Newport Beach, Orange County, CA Department of Fish and Game, CA Coastal Commission, CA Coastal Conservancy 4. Distribute document and review deadline via e-mail 5. Compile all drawings, maps, illustrations and diagrams in digital files and hard copies 6. 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SEAIIMiI Q C:SRw:K AREAwmt inilr�cP�oT{'1E FeATURE e� N.A:'� ENr +yGr i'L':k0;'ij' -AIL 'a'• Iz' wive -- NlkWG 1P.;JL o' 5 Wtm IFY br{ CIILZ n� n1 , I r6VZATbD PARKING AREA - 95 CARS. 7 OVSES - DECOMPOSED GRANITE SVFWV - NA-TWE LANDSCAPING - IMPROVED RESTROOM - BICYCLE RACK - MAP OF iRAIIS G FU i 41 i 1 c' CIILZ n� n1 , I r6VZATbD PARKING AREA - 95 CARS. 7 OVSES - DECOMPOSED GRANITE SVFWV - NA-TWE LANDSCAPING - IMPROVED RESTROOM - BICYCLE RACK - MAP OF iRAIIS • Meeting Date: February 10, 2004 Agenda Item No.: 18 Subject: AMENDMENTS TO NBMC REQUIRING USE OF FRANCHISED SOLID WASTE HAULERS FOR DEMOLITION ACTIVITIES. ALSO refer to the Agenda Packet of December 9, 2003, Item No. 7, for the Original Report or Backup Information on this item. Thank you! 0