March 25, 2025
Agenda Item No. 8
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected] PREPARED BY:
Joselyn Perez, Senior Planner – 949-644-3312, [email protected] TITLE:
Professional Services Agreement with Environmental Science Associates for Environmental Services Related to Proposed Improvements at Back Bay Landing and Bayside Village Marina (PA2024-0135) ABSTRACT:
For the City Council’s consideration is a Professional Services Agreement (PSA) with Environmental Science Associates for the preparation of a supplemental Environmental Impact Report (EIR) related to private improvements proposed for Back Bay Landing and Bayside Village Marina, located at 100 East Coast Highway, and the replacement and realignment of a City of Newport Beach water main. Although the City is entering into the PSA, the entire cost of the services will be paid by the applicant.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Authorize the Mayor and City Clerk to execute a Professional Services Agreement with Environmental Science Associates for Supplemental EIR Related to Back Bay Landing and Bayside Village Marina Improvement Project in an amount not-to-exceed $426,100, in a form substantially similar to the agreement attached to this staff report.
DISCUSSION:
The project site is generally located northwest of the intersection of East Coast Highway and Bayside Drive, adjacent to the Upper Newport Bay. The site encompasses approximately 31 acres of both land and water, across multiple parcels. These parcels include Back Bay Landing (BBL), Bayside Village Marina (BVM), and a portion of undeveloped land south of the Coast Highway bridge. The City’s BC-09 water main (BC-09) is located north of the Coast Highway bridge, with its western end running through Lower Castaways Park and its eastern end running through the BBL site.
Back Bay LandingBack Bay LandingUndeveloped LandUndeveloped LandBC-09 Water mainBC-09 Water mainBayside Village MarinaBayside Village MarinaLower Castaways ParkLower Castaways Park Back Bay Landing
Back Bay Landing
Undeveloped Land
Undeveloped Land
BC-09 Water main
BC-09 Water main
Bayside Village Marina
Bayside Village Marina
Lower Castaways Park
Lower Castaways Park
Figure 1: Project site outlined in yellow
In 2014, the City approved the necessary legislative approvals filed under PA2011-216 to allow for the future redevelopment of the 31-acre site into an integrated, mixed-use, waterfront village. An EIR was prepared and certified for the land side improvements associated with the mixed-use project (State Clearinghouse No. 2012101003). Subsequent submittal of a site development review application is still required for review and approval of the future mixed-use development project. Preparation of precise plans and submittal of the site development review application for development of the mixed-use project envisioned by PA2011-216 has been delayed due to various factors including the redevelopment and expansion of an existing Orange County Sanitation District (OCSD) pump station within the footprint of the BBL site.
Project Overview
In the meantime, Anchor QEA on behalf of Bayside Village Marina, LLC (Applicant) has submitted an entitlement application proposing various landside improvements, waterside improvements, and the replacement and realignment of the BC-09 water main. These improvements can be completed ahead of the mixed-use development buildout.
The current project proposes the following:
New seawall and upland soil stabilization at BBL to address erosion issues, protect existing development, and support the future mixed-use project.
New gravity wall at the undeveloped land south of the Coast Highway bridge.
Seawall replacement and upland soil stabilization at BVM to replace an existing failing seawall and protect existing development.
Public walkway/promenade improvements at BVM.
Dock extension at BVM by adding 67 additional boat slips to the existing 220 slips.
BC-09 water main replacement and realignment.
Maintenance dredging of the marina.
Eelgrass planting and other mitigation.
This supplemental EIR is required because the current project proposes seawall and water side improvements that were not studied in the original BBL EIR.
Request for Proposals
Based on Purchasing Policy (AP-001), staff released a Request for Proposals (RFP) seeking responses from qualified consultants interested in assessing the potential environmental impacts of the project and preparing a supplemental EIR in compliance with CEQA. The RFP was posted on the City’s public procurement system (PlanetBids.com) on October 2, 2024, and distributed directly to a short list of planning firms. The response deadline was November 5, 2024, and two responses were received: Bowman Consulting Group Ltd. (Bowman) and Environmental Science Associates (ESA).
The City employed a two-step process to evaluate the proposals and select a consultant. The steps included a technical review and a cost-ratio analysis. Two City staff members and one representative of the Applicant participated on the rating panel.
Step 1 (Technical Review) did not consider cost, rather, the proposals were evaluated based on the qualifications and experience of the firm, the qualifications and experience of key personnel, and the method of approach. The proposals had to earn a minimum of 70% of the available points to advance to Step 2 (Cost-Ratio Analysis). Bowman did not earn the minimum points necessary to progress beyond Step 1 and only ESA advanced to Step 2. ESA’s cost was deemed appropriate and acceptable to the Applicant, and ESA was selected to prepare the EIR. A full scope of work is available as part of the draft PSA, which is included with this staff report as Attachment A.
ESA Work Plan
The work plan submitted by ESA includes preparation of necessary technical studies, peer review of technical studies prepared by the Applicant, preparation of the EIR, publishing and distributing the EIR, responding to public comments on the EIR, providing support to City staff with conducting tribal outreach, hosting public meetings as required by CEQA, attending public hearings required for project approval (such as Planning Commission, City Council, and Airport Land Use Commission) as necessary, and coordinating with City staff.
Project Schedule
The proposal assumes the EIR will take approximately one year to prepare. Public hearings for project approvals are anticipated to take approximately four weeks post completion of the EIR. The contract’s term would be for one year with extensions available as contingency.
FISCAL IMPACT:
There is no fiscal impact related to this item. Although the City is entering into the PSA with ESA, the entire cost of this consulting service, $426,100, will be paid for by the Applicant.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A – Professional Services Agreement
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Professional Services Agreement for Environmental Services Related to Proposed Improvements at Back Bay Landing and Bayside Village Marina March 25, 2025
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