HomeMy WebLinkAboutC-3460(E) - Cooperative Agreement (for Marine Studies Center - Back Bay Science Center "BBSC")COOPERATIVE AGREEMENT
for the
BACK BAY SCIENCE CENTER
(Shellmaker Island)
ORIGINAL
CLERK OF THE ROARED
OPIAN06:.;r;)t)iNTY
This Cooperative Agreement (Agreement) is made and entered into as of the /1 'it" -
day of , 2004 by and between the City of Newport Beach (City), the County
of Orange (County), the Regents of the University of California on behalf of the
University of California at Irvine (UCI) and the California Department of Fish and Game
(DFG) (each a Party and, together, the Parties).
PURPOSE
The purpose of this Agreement is to document the progress, intentions and
commitments of each Party with respect to the planning, funding and construction of the
Back Bay Science Center project described in Section 1 of this Agreement.
RECITALS
A. DFG is the owner of Shellmaker Island (Shellmaker) within the 752-acre Upper
Newport Bay Ecological Reserve (Reserve). Shellmaker is generally shown on
Exhibit A. The primary purpose of the Reserve is to protect rare and endangered
wildlife, aquatic organisms and critical habitat, and specifically to preserve and
enhance a coastal salt marsh ecosystem.
B. Fish and Game Code Section 1585 authorizes DFG to construct facilities and
conduct programs in ecological reserves it selects to provide natural history
education and recreation if those facilities and programs are compatible with the
protection of the biological resources of the reserve.
C. Shellmaker is the Reserve's main public outreach location. The general public and
numerous students of all ages visit the Reserve year-round to study its terrestrial
and aquatic environments.
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D. DFG, the County and the City is each actively involved in efforts to improve the
water quality in the Reserve, Newport Bay and its watersheds, as well as to preserve
and enhance the diverse species and habitats of the Reserve.
E. A tidal channel separates Shellmaker into two portions, the smaller of which
(designated as Lower Shellmaker Island on Exhibit A) contains a roughly 2-acre
upland area improved with: (i) an existing Marine Studies Center which houses
educational programs developed through DFG's partnerships with the County
Department of Education and various school districts; (ii) offices, maintenance and
storage sheds and support facilities utilized by DFG personnel and volunteers; (iii) a
temporary water quality lab operated by the County; and (iv) facilities for rowing
equipment storage and student athletic rowing training (UCI Crew Facility) operated
by UCI pursuant to a Ground Lease between DFG and UCI (UCI Lease).
F. DFG, the City, the County, UCI, the Califomia Wildlife Foundation (CWF) and the
Newport Bay Naturalists and Friends (NBNF) are parties to the Memorandum of
Understanding for the Shellmaker Island Marine Studies Center (MOU) dated as of
August 2, 2002, memorializing the commitment of those parties to work
collaboratively towards the establishment of a Back Bay Science Center (referred to
in the MOU as the Marine Studies Center) on Shellmaker. Those parties have been
working cooperatively and have completed, or are in the process of completing, the
Short Term Objectives identified in Section V of the MOU.
G. In furtherance of the MOU, DFG and the City entered into the Interagency
Agreement for Planning and Design Services for a Marine Studies Center at Upper
Newport Bay Ecological Reserve dated as of May 1, 2002, as amended February 1,
2003 (Interagency Planning Agreement).
H. A Negative Declaration for the Back Bay Science Center (BBSC) project to replace
existing facilities for educational/interpretive programs, water quality testing, and
office staff, and including trails, wetlands rehabilitation and ancillary parking and
utilities (Project) was prepared pursuant to the provisions of the Califomia
Environmental Quality Act. On September 30, 2003, DFG filed a Notice of
Determination for the Project with the State Clearinghouse.
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DFG submitted a Coastal Development Permit (CDP) application for the Project,
Application No. 5-03-451, to the California Coastal Commission (CCC) and, on
March 17, 2004 the CCC unanimously approved the CDP subject to numerous
conditions (the CCC conditions are attached as Exhibit B).
J. CWF, on behalf of DFG pursuant to the American Trader Agreements identified in
Section 4, below, entered into a Master Services Agreement with Coastal Resources
Management to prepare a conceptual wetlands restoration plan for the rehabilitation
of degraded wetlands along the southerly edge of Shellmaker (Demonstration Marsh
Area).
K. Proposed conceptual plans, preliminary plans and working drawings for the Project
(together, Plans) based on the needs identified by DFG, County and City (together,
the BBSC Parties) as well as the proposed educational, scientific and research
functions of the BBSC have been prepared by Ron Yeo, FAIA Architect, Inc. and the
City Public Works Department and submitted to the Parties.
L. DFG and the City entered into the Interagency Agreement for Construction of a Back
Bay Science Center at Upper Newport Bay Ecological Reserve dated as of April 1,
2004 (Interagency Construction Agreement).
M. In order to achieve the Objectives set forth in Section III of the MOU, the Parties
believe that the BBSC should serve as: (i) the site for a public educational facility for
estuarine, water quality and watershed issues; (ii) the site of a County -wide water
quality analysis laboratory; (iii) the focal point of watershed and water quality
education/research programs developed by the Parties in cooperation with other
interested parties such as the CCC and local educators; (iv) a base for monitoring
the health of the ecosystems of Newport Bay and the Reserve and the collection,
assembly and communication of scientific data regarding the status of the Reserve
to interested parties; and (v) an outdoor laboratory for research into, and public
education regarding, the ecology, management, research and the restoration of
wetlands and upland habitat.
N. A Wildlife Conservation and Restoration Program (WCRP) grant administered by the
U.S. Department of Interior, U.S. Fish and Wildlife Service pursuant to Title IX of the
Commerce, Justice, State Appropriations Act for Fiscal Year 2001 provides to DFG
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an apportionment of funds to support wildlife conservation, wildlife conservation
education and wildlife -associated recreation projects focused on animal species of
greatest conservation need. DFG earmarked a portion of these funds allocated in
Federal Fiscal Year 2001 to the BBSC Project for wildlife conservation education.
Guidelines for the use of WCRP funds are set forth in Exhibit C.
O. The Parties currently anticipate that the BBSC will offer research, educational,
academic and interpretive programs involving scientists, educators and volunteers
from the Parties, and other interested parties such as CCC, Orange Coast College
(OCC), NBNF, Newport Mesa School District (NMSD) and local educators and
community organizations that support improved water quality and/or enhanced
ecology of Newport Bay and the Reserve, such as the following:
(i) Programs designed to educate students about the importance of
protecting and enhancing the habitats and quality of water in the Reserve,
Newport Bay and tributary watersheds;
(ii) Extensive water quality testing of numerous public recreational and
sensitive habitat areas in and around coastal Orange County;
(iii) Water quality research programs for university students and, if feasible,
high school students who have displayed special skills and interest;
(iv) DFG facilities designed to provide a base and support for public education
and the management and operation of the Reserve and other public lands;
(v) A Demonstration Marsh Area that will serve as a "restoration research lab"
for students and biologists; and
(vi) A center for compilation, communication and analysis of data on the
physical and biological resources of Newport Bay, the Reserve and
tributary watersheds.
P. DFG and the City have completed a number of tasks that are integral to the
establishment of the BBSC including:
(i) Preparation of a Back Bay Science Center Interpretive Plan that provides
a framework for implementing the outreach and education components of
the Project; and
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(ii) Preparation, with the assistance of CCC staff, local educators and
consultants, of a curriculum to be used to implement the educational
programs to be offered at the BBSC.
Q. The UCI Lease requires UCI to pay its proportionate share of, or to perform as part
of possible future Improvements (as defined in the UCI Lease) to the UCI Crew
Facility, certain site improvements which are a part of the Project. This Agreement
includes provisions which are necessary to coordinate the provisions of the UCI
Lease pertaining to such site improvements with the funding and construction of the
Project.
R. The Parties have obtained preliminary cost estimates for constructing the Project in
accordance with the Plans and have identified funds available for the construction of
the Project. As of the date of this Agreement, however, the available funds identified
by the Parties are insufficient to construct the entire Project.
S. The City and DFG have identified other possible funding sources and intend to
actively pursue contributions from those sources, and others, in an effort to obtain
sufficient funds to construct the entire Project.
T. The Parties have determined that the planning and permitting of the Project should
proceed as if sufficient funding has been obtained to construct the entire Project
and, if adequate funding is not obtained prior to the City's award of the contract to
construct the Project, construction of the Project should proceed in phases.
U. The Parties have reviewed and considered the various laws related to the exercise
of land use jurisdiction over Shellmaker and have determined that DFG is not
required to obtain City land use approvals, however, DFG is required to obtain a
Coastal Development Permit from CCC. DFG will voluntarily obtain a building permit
from the City in light of the Interagency Planning Agreement; the City's provision of
police, fire and other municipal services to the BBSC and the City's participation in
the Project as described in this Agreement.
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NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. PROJECT DESCRIPTION
The Parties agree that the following represents a detailed description of the Project as
of the date of this Agreement and that the Project description set forth below is
consistent with the provisions of the Negative Declaration for the Project. Each of the
Project components described below is generally shown on the proposed Project site
plan attached as Exhibit D. The Project consists of the following:
(A) A permanent enclosed structure comprised of three new buildings
containing a total of four wings, as depicted on Exhibit D, totaling approximately
12,409 gross square feet that will contain space and amenities: (i) to conduct
educational and interpretive programs for students in grades K-12; (ii) for an
estuarine research and resource center for students and teachers of local
schools and universities; (iii) for a "state-of-the-art" water quality testing facility to
be operated and maintained by the County; and (iv) for administrative offices and
equipment storage for DFG staff as well as volunteers. The structure will be set
back from the wetlands in accordance with the plans approved by the CCC and
buffered as required by the conditions described in Exhibit B. Existing
structures will be removed and relocated or demolished with the exception of the
modular building which houses the existing Marine Studies Center, which will be
relocated during construction for use by DFG. The permanent enclosed structure
will incorporate energy saving designs and materials and will be no more than 16
feet high except for a small entry feature that will be approximately 28 feet above
grade.
(B) Outdoor educational program improvements on Shellmaker, including
hands-on interpretive elements, research areas, testing areas, tanks, aquaria
and tide pool exhibits. The existing trail system will be enhanced and signed, will
be separated from the wetlands by appropriate buffers and will include several
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"spur" trails leading to small observation/teaching areas. The Demonstration
Marsh Area will be enlarged to approximately 10,000 square feet and restored.
The existing native planting area, greenhouse, and amphitheater will be
refurbished.
(C) Site improvements including upgrading water, sewer, electrical and
telephone service to the BBSC, under grounding electrical service, grading,
formalizing the existing 67-space parking area in a manner that — in comparison
to the existing condition — reduces potential water quality impacts, relocating the
entry gate, adding signage and installing low level outdoor lighting solely for
purposes of security.
2. PROJECT FUNCTIONS
The Parties desire the Project, upon completion, to provide following functions (the
name of the Party presently identified as primarily responsible for performing or
supervising the function is in parentheses after the description):
(A) Educational programs, including displays, exhibits and teaching stations;
offices and storage for biologists, enforcement staff and volunteers to facilitate
DFG operation and management of the Reserve and performance of the DFG
functions identified in this Agreement, including the compilation of data, reports
and studies related to the Reserve (DFG).
(B) Restoration of wetlands along the south side of Shellmaker and the
ongoing use of the Demonstration Marsh Area as a venue for "hands on"
research and analysis designed to develop information and techniques that will
help enhance the habitat in the Reserve (DFG, in cooperation with the City, UCI,
and other interested parties).
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(C) Community outreach in various forms including development and
maintenance of a water quality and water conservation website and data base, a
center for training volunteers to become docents or to perform habitat
enhancement and to serve as a forum for other educational programs and
activities (DFG and City).
(D) Water quality testing and analysis of samples taken from selected sites in
Orange County at rivers, lakes and storm drains and within the Pacific Ocean,
harbors and estuaries including locations in Newport Harbor, Upper Newport
Bay, Huntington Harbor and Dana Point Harbor, as well as testing, monitoring
and research projects relative to the identification of water quality and water
pollution problems and solutions (County).
(E) Water quality testing, education and awareness programs and projects for
middle school, high school and college students, including exhibits and special
programs (City and County — with assistance from DFG and other interested
parties such as OCC, UCI and NMSD).
3. PROJECT PHASING
(A) The County has established and is operating a temporary water quality lab
on Shellmaker under a sublease with the City effective February 4, 2003. The
City leases the portion of Shellmaker on which the temporary facility which
houses the water quality lab is located under a lease with DFG effective
December 17, 2002. City has installed a temporary structure within the area
leased from DFG and the County has staffed and equipped the temporary water
quality lab. The BBSC Parties agree that, in the event construction of the
building that will house the County's water quality lab (designated as OC Water
Quality Lab/Stor on Exhibit D) is delayed beyond the term of the current lease
between the City and DFG, the holdover provision of that lease shall apply.
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(B) A preliminary cost estimate to construct the Project (including an itemized
cost estimate for the "shared site improvements") in accordance with the Plans
is attached as Exhibit E. The Parties acknowledge that actual costs may vary
from the attached estimate.
(C) The BBSC Parties have agreed that, if they do not have sufficient funds to
construct the entire Project prior to the City's notice inviting bids, the notice
inviting bids and related documents shall require bidders to submit bids for
Project alternatives or additions, and the Project will be constructed in up to three
phases. If the Project is to be phased, the following priorities shall govern the
City's award of the contract for construction and the phasing of the Project (in
order of priority):
(i) The first phase (Phase 1) shall include at least the following
elements:
a. The site improvements described in Section 1(C); and
b. The building that will house the County's water quality lab
and DFG storage (designated as OC Water Quality Lab/Stor
on Exhibit D); and
c. The building that will ultimately house the Teaching Lab and
DFG exhibits (designated as Teach. Lab on Exhibit D); and
d. The Demonstration Marsh Area.
Phase 1 will proceed only when and if available funds are sufficient
to construct at least the elements identified in items (a) - (d) of this
Section 3(C)(i) unless the BBSC Parties, each in its discretion,
otherwise agree in writing.
(ii) The second phase (Phase 2) shall include at least the building that
will ultimately serve as permanent DFG and volunteer office space
and as a small meeting or conference space (designated as Admin
Building on Exhibit B). Provided, however, that the Admin Building
will be constructed in Phase 1 if sufficient funds are available to
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construct the elements identified in items (a) - (d) of Section 3(C)(i),
above, as well as the Admin Building. Phase 2, it necessary, will
proceed as soon as sufficient funds are available to construct the
elements identified in this Section 3(C)(ii).
(iii) The third phase (Phase 3) shall include the exhibits and
improvements necessary to fully implement the educational
programs described in Section 1(B) of this Agreement. Provided,
however, that such exhibits and improvements will be constructed
in an earlier phase (Phase 1 or Phase 2) if sufficient funds are
available to construct all elements required to be included in such
earlier phase (and in any phase prior to such phase). Phase 3, if
required, will proceed as soon as sufficient funds are available to
construct the element identified in this Section 3(C)(iii).
4. PROJECT CONSTRUCTION FUNDING
The following represents the specific funding commitments of the Parties relative to the
construction of the Project:
(A) The County has earmarked, and through this Agreement commits, $1.23
million from the Tobacco Settlement Revenue allocated by the Orange County
Board of Supervisors to the construction of the OC Water Quality Lab/Stor
Building in accordance with the Final Plans (as defined in Section 6) and the
County's portion of site improvement costs. Disbursement of these funds will be
governed by the provisions of this Agreement and the County Sublease (as
defined below) with the understanding that the City will advance any funds that
the County is required to pay pursuant to this Agreement. The County's
commitment is contingent on the approval and execution of a sublease with the
City (County Sublease) for the approximate 3,980 square foot OC Water Quality
Lab wing (Lab Wing) of the OC Water Quality Lab/Stor Building.
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The County Sublease shall be subject to the reasonable approval of DFG; shall
be in consideration of the County contributing the $1.23 million committed
through this Agreement and performing the services and obligations to be
performed by the County under the County Sublease, this Agreement and the
Operating Agreement (as defined in Section 7); shall have a term of thirty (30)
years with provisions for renewal as set forth below; shall require the County to
operate and maintain the interior of the Lab Wing at all times in good condition
and repair and to pay its proportionate share of costs, in the amount of thirty-two
percent (32%) of the total costs (including capital costs) to operate and maintain
the BBSC site, structures and improvements; and shall contain such other terms
and conditions not in conflict with the City Lease (as defined below) on which the
County and City agree. The County Sublease shall include provisions to renew
the sublease for two (2) additional terms of five (5) years each in consideration of
the County performing the services and obligations to be performed by the
County under the County Sublease, this Agreement and the Operating
Agreement; provided, that the Project is then in operation, the City Lease is then
in effect, and the County has performed and is continuing to perform its
obligations under the County Sublease, this Agreement and the Operating
Agreement. The County Sublease shall grant the County during the sublease
term reasonable access to, and non-exclusive use of, the Parking Common Area
(as defined below) and other exterior areas of Shellmaker which are part of the
BBSC. In no event shall the County's funding commitment for the proposed
construction exceed the County's contribution of $1.23 million without the
express written consent of the Orange County Board of Supervisors.
(B) DFG has earmarked, and through this Agreement commits, funding from
two sources (American Trader Oil Spill Settlement Agreement and WCRP Grant)
in the amount of $1,235,000 as set forth below. DFG's commitment is contingent
upon satisfaction of the conditions to the funding commitments of the County and
the City set forth in this Agreement.
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(i) A total of $250,000 provided through the American Trader Oil Spill
Settlement Agreement, including $133,170 already expended on behalf of
DFG and remaining funds in the amount of $116,830, have been or will be
applied toward construction of the Project and disbursed in accordance
with the California Wildlife Foundation Environmental Education and
Public Access Trust Fund American Trader Oil Spill Agreement dated April
25, 2001, as well as the Supplemental Memorandum of Understanding,
dated May 4, 2000 (together, the American Trader Agreements), among
DFG, the California Department of Parks and Recreation, the Cities of
Huntington Beach and Newport Beach and the County.
(ii) A total of $985,000 from the WCRP Grant, including $369,600
obligated in the Interagency Planning Agreement and remaining funds in
the amount of $615,400 to be applied toward construction of the Project
through the Interagency Construction Agreement. Use of these funds is
subject to the WCRP Guidelines set forth in Exhibit C. Payment of these
funds will be governed by existing State contracting procedures.
(iii) On May 13, 2004, the Wildlife Conservation Board (WCB) approved a
grant of $69,000 to the California Wildlife Foundation on behalf of DFG, to
be used towards construction of the Demonstration Marsh Area. .
Commitment and disbursement of funds by WCB is governed by the policy
and procedures of WCB.
(C) City has expended $500,000 in funds from the American Trader Oil Spill
Settlement towards the planning, design and environmental analysis of the
Project and the development of educational programs for the BBSC. City
commits, through this Agreement, to contribute to the construction of the Project
all of the funds available in the Upper Newport Bay Restoration Fund
(established pursuant to SB 573) as of June 1, 2004 based on a determination by
State Lands Commission staff that use of those funds for the purposes specified
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in this Subsection is consistent with the intent of SB 573 and the City's
commitment to support passage of confirming legislation. These funds shall first
be committed (first priority) to fund the difference, if any, between the actual cost
of (a) construction of the OC Water Quality Lab/Stor Building and the County's
portion of site improvement costs (as set forth below), and (b) the $1.23 million
committed by the County. Assuming funds remain after the "first priority" and
subject to the execution of a lease of the Lab Wing reasonably acceptable to
DFG and the City (City Lease), the City commits the balance to fund the
difference, if any, between: (a) the actual cost of the Teach Lab Building and
other structures intended for use by DFG and DFG's portion of site improvement
costs (as set forth below), and (b) the $1,235,000 committed by DFG. In no
event shall the City's funding commitment pursuant to this Section 4(C) exceed
the then current balance in the Upper Newport Bay Restoration Fund without the
express consent of the City Council of the City of Newport Beach.
The City Lease shall require the City to maintain and repair the BBSC structures
(other than minor capital improvements such as roof replacement),
improvements and site at all times in good condition and repair; to maintain the
insurance set forth in Exhibit F and shall include such other terms and conditions
as the City and DFG agree. The City Lease shall grant the City during the lease
term reasonable access to, and non-exclusive use of, those portions of
Shellmaker (other than DFG work stations and storage areas) that are part of the
BBSC Project and to which access is necessary for the City to perform its
obligations under this Agreement or the City Lease.
(D) The Parties have estimated site improvement costs at approximately
$1,059,075, as set forth in Exhibit E. The grading and completion of the 67-
space parking area (Parking Common Area) and the installation of utility lines
and facilities that underlay the Parking Common Area represents $721,776 of the
site improvement costs. The Parties have determined, and hereby agree, that
the site improvement costs shall be borne as follows:
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(i) If the Parties elect to construct the Parking Common Area, the
costs to improve the Parking Common Area in accordance with CDP 5-03-451
and the Final Plans (as defined in Section 6, below) shall be borne as follows:
(a) UCI shall be responsible for one-third, which shall be paid
prior to the award of the contract for construction of the Parking Common Area,
provided that the total cost to UCI for both Parking Common Area and other site
improvements shall not exceed $281,424;
(b) County and City together shall be responsible for one-third,
to be paid from available funds identified in Sections 4(A) and (C), above; and
(c) DFG and City together shall be responsible for one-third, to
be paid from available funds identified in Sections 4(B) and (C), above.
(ii) The costs of the site improvements other than the Parking Common
Area shall be borne as follows:
(a) If the Parties elect to construct the site improvements, UCI
shall be responsible for, and shall reimburse the other Parties for, the actual
costs of water, sewer, electrical, fire and telephone service facilities equal to the
estimated proportionate use by UCI of those utilities and facilities as provided in
Exhibit E to this Agreement and Article 7 of the UCI Lease, provided that the
total cost to UCI for both Parking Common Area and other site improvements
shall not exceed $281,424;
(b) The balance of the site improvement costs (excluding the
Parking Common Area addressed immediately above) shall be borne as follows:
(1) County and City shall be responsible for one-half, to
be paid from available funds identified in Sections 4(A) and
(C), above; and
(2) DFG and City shall be responsible for one-half, to be
paid from available funds identified in Section 4(B) and (C),
above.
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5. PRECONSTRUCTION COMMITMENTS
The City and DFG shall use their respective good faith efforts to obtain sufficient funds
to construct the entire Project prior to the City's award of the construction contract for
the Project (or Phase I, if the Project is phased). The City shall be the Party with primary
responsibility for this funding effort. The City and DFG agree to actively pursue
additional funding from federal, state and local agencies as well as the private sector.
The City agrees to seek contributions to the BBSC Project from the Irvine Ranch Water
District, the Santa Ana Regional Water Quality Control Board (and the State Water
Resources Control Board), the Orange County Sanitation District and the Orange
County Water District. The City and DFG will also endeavor to identify non-profit
organizations and environmental groups that may be sources of funding. Finally, the
City and DFG will contact, and if requested make presentations to, individuals,
organizations and businesses in Orange County and Southem Califomia that desire to
contribute, or have previously contributed, to facilities such as the BBSC. City and DFG
shall provide each other with copies of any documents or material used in conjunction
with seeking funding and shall coordinate on the text and graphics used prior to their
distribution. Funds contributed to the BBSC shall be used for the purpose(s) specified
by the funding source or, if no specific use is identified, in the order of priority specified
in Section 3 of this Agreement.
6. PROJECT CONSTRUCTION COMMITMENTSIPROCEDURES
The BBSC Parties have made the following commitments, and agreed on the following
procedures, with respect to construction of the Project.
(A) City will process building and related permits necessary to construct the
Project structures and site improvements, as set forth in final building and
site development plans to be approved by the Parties (together, the Final
Plans). Upon approval of the Final Plans by the Parties, the Final Plans
shall be incorporated by reference in this Agreement. City will process the
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plans and issue permits as appropriate without charge. DFG shall
promptly execute all documents which the fee owner of the Project site is
legally required to sign to obtain a building permit. Any changes the City
may request to the Final Plans approved by the Parties shall be consistent
with this Agreement and shall be subject to the prior written approval of
DFG. Any changes the City may request to the Final Plans for the OC
Water Quality Lab/Stor Building and site improvements shall also be
subject to the prior written approval of the County. Such approval will not
be unreasonably withheld or delayed. DFG and the County each agrees
to expedite its review of any changes to the Final Plans which the City
may request during construction, and to respond to such request in a
timely manner.
(B) The City, DFG and the County will otherwise fully cooperate with one
another, and with any resource agency, with respect to any resource
agency approval or permit required to construct or maintain any
component of the BBSC Project.
(C)
Once City issues a building permit, City shall obtain bids for the
construction of the Project (including those phases of the Project for which
funds are then committed and available to fund construction, or for which
funds may become committed and available prior to City's award of the
contract) in accordance with the Final Plans approved by the BBSC
Parties, this Agreement and the Interagency Construction Agreement.
Once bids are received, City shall process the bids and award a contract
for the construction of all (or one or more specified phases) of the BBSC
Project in accordance with relevant provisions of law, this Agreement and
the Interagency Construction Agreement. In the event of any conflict
between this Agreement and the Interagency Construction Agreement,
then as between DFG and the City, the Interagency Construction
Agreement shall govern.
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(D) City will retain a construction manager to assist the architect during the
construction of the Project. The construction manager will be the point of
contact for the BBSC Parties with respect to questions or comments
regarding the manner, means, status or timing of construction and City will
cause the construction manager to routinely inspect construction, test
materials and provide progress reports to the BBSC Parties.
7. OPERATING AGREEMENT
The BBSC Parties shall enter into a BBSC Operating Agreement (Operating
Agreement) that would become effective when construction of Phase 1 (or the entire
Project, if phasing is unnecessary) is complete. Upon approval and execution by the
Parties, the Operating Agreement shall be attached to this Agreement as Exhibit G.
The BBSC Parties anticipate that the Operating Agreement will cover at least the
following topics:
(A) The establishment of (i) a Back Bay Science Center Facilities Working
Group (Facilities Working Group) and (ii) a Back Bay Science Center
Programs Working Group (Programs Working Group). The Facilities
Working Group would include DFG as landowner and Programs Manager,
the City as Facilities Manager, and the Project Administrators (as defined
in Section 12, below) or their designees. The Facilities Working Group
would be responsible to meet regularly to identify facilities needs, plan for
property maintenance, capital projects and improvements, and implement
the applicable provisions of the Operating Agreement. The Programs
Working Group would include the Project Administrators or their
designees and such other parties as the Project Administrators may deem
appropriate. The Programs Working Group would be responsible to meet
regularly and to identify programmatic needs and plan for educational and
research programs and exhibits, budgeting, staffing, scheduling,
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involvement of volunteers, educators and students and implementation of
the applicable provisions of the Operating Agreement.
(B) Defining, to the extent not otherwise provided for in the City Lease, the
roles and responsibilities of the City as Facilities Manager for the
operation, maintenance and improvement of the Back Bay Science
Center, including serving as lead for crews and contractors performing
property maintenance and improvement.
(C) Defining, to the extent not otherwise provided for in the County Sublease,
the roles and responsibilities of the County with respect to the operation,
maintenance and improvement of the Back Bay Science Center.
(D) Defining the roles and responsibilities of DFG as Programs Manager,
including serving as lead for program planning and coordinator for hours
of operation, facility and site access (including access by volunteers),
security needs, public use, information and data sharing and public
education and outreach.
(E) Defining, to the extent not otherwise provided for in the UCI Lease, the
roles and responsibilities of UCI with respect to reimbursement for site
maintenance costs and other issues related to the interaction between the
UCI rowing program and the operation, maintenance and improvement of
the Back Bay Science Center;
(F) The development, evaluation and delivery of educational and research
programs, materials and exhibits and the extent to which the programs or
exhibits should be modified to better achieve the educational and research
objectives of the BBSC.
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• •
(G) Coordination of the educational efforts of the County, including developing
an exterior interpretive panel on water quality testing, designing water
quality related curriculum, training educational personnel, assisting with
higher level classes to be held at the BBSC and staffing a demonstration
booth at special events such as Earth Day.
(H) The management of volunteers, educators and students who are involved,
or wish to become involved, in the educational or research programs of
the BBSC.
(1) A long-term funding plan for maintenance and enhancement of the BBSC,
which addresses endowments) and other sources of Tong -term funding.
8. UCI CREW FACILITY
City and County each agrees to cooperate with UCI relative to the use of, and any
redevelopment and/or reconstruction of, the UCI Crew Facility pursuant to the UCI
Lease.
9. COOPERATION
(A) The Parties acknowledge that the planning, funding, construction and
operation of the Project are complex matters that will require ongoing
cooperation and good faith effort on the part of each Party. Accordingly, the
Parties agree to put forth a good faith effort and to cooperate with one another to
ensure that each performs in a manner consistent with the terms and conditions
of this Agreement including, without limitation, the Project Functions described in
Section 2.
19
• •
(B) The BBSC Parties presently desire that the Back Bay Science Center and
the Project Functions will continue for the foreseeable future. DFG agrees that
the long term involvement of the City and County in the operation of the Project
and their provision of Project Functions is important to the success of the Project.
Accordingly, subject to a determination that the City and the County have
performed this Agreement, the Operating Agreement and, as applicable, the City
Lease or County Sublease, and following the request of City and County made
within 12 months prior to the expiration of the term of the City Lease, DFG will
consider extending the term of the City Lease or taking such other action as may
be appropriate to enable the City and the County to continue their involvement in
the operation of the Project and their provision of Project Functions. City and
County acknowledge and agree, however, that nothing in this Agreement is
intended to or constitutes a right or option to renew or extend the City Lease.
10. REMEDIES
If a Party defaults in the performance of any of its obligations under this Agreement, the
sole remedy of the other Parties shall be to seek specific performance against the
defaulting party.
11. OTHER AGREEMENTS
This Cooperative Agreement is intended to supplement, not supplant the previous
agreements referenced in this Agreement and its Exhibits. If any provision of a prior
agreement among the Parties, or between any two or more of the Parties, conflicts with
this Cooperative Agreement then, as between or among the affected Parties, this
Cooperative Agreement shall take precedence.
20
12. PROJECT ADMINISTRATORS
The Parties have each designated a "Project Administrator" to perform certain activities
under this Agreement, and to ensure that the Project is carried out in accordance with
this Agreement. The Project Administrators shall be the following:
Newport Beach — H. Bludau, City Manager
3300 Newport Boulevard, Newport Beach, CA 92658-8915
Phone — (949) 644-3000
Fax — (949) 644-3020
E-mail hbludau@city.newport-beach.ca.us
DFG — Regional Manager, South Coast Region
4949 Viewridge Avenue, San Diego, CA 92123
Phone - (858) 467-4210
Fax - (858) 467-4239
E-mail craysbro@dfg.ca.gov
County -, Manager, Facilities Acquisition and Management
405 W. 5th Street, Room 612, Santa Ana, CA 92701
Phone — (714) 834-5158
Fax — (714) 834-7695
E-mail ggrayeochca.com
UCI - Richard Demerjian, Director Campus and Environmental
Planning -
University of California
750 University Tower, Irvine, CA 92697-7475
Phone — (949)824-7058
E-mail rgdemerj@uci.edu
21
A Party may change its Project Administrator at any time by written notice to the other
Parties given in accordance with Section 13.
13. NOTICE
Notices and other communications under this Agreement shall be made in writing and
may be given by delivery in person, by mail or by receipt -confirmed facsimile to the
Parties addressed to their respective above -listed Project Administrators.
14. TERM; TERMINATION
This Agreement becomes effective upon execution by the parties to the Agreement and
shall continue in effect until terminated in writing by the mutual consent of the Parties.
15. AMENDMENT
This Agreement may only be amended in writing and upon execution by all of the
Parties to this Agreement.
16. SEVERABILITY
If any part of this Agreement is determined to be invalid or in violation of the law, all
other parts not so determined shall remain in full force and effect.
17. APPROPRIATIONS
Any provision of this Agreement which calls for an expenditure of funds by DFG is
subject to the availability of appropriated funds for such purpose.
22
18. EXHIBITS
The following Exhibits are attached to this Agreement and incorporated by reference:
Exhibit A - Vicinity Map from Coastal Commission Staff Report.
Exhibit B - CCC conditions.
Exhibit C - Guidelines for the use of WCRP funds.
Exhibit D - Site plan.
Exhibit E - Preliminary estimate of Project construction costs.
Exhibit F - Insurance.
Exhibit G - Operating Agreement (to be attached upon completion).
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
above written
CITY OF NEWPORT BEACH
By:
Tod Ridgeway, Moor
APPRO D AS TO FORM:
By:
rt H. Burnham, City Attorney
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
Deputy
DATE:
23
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOA
6;1
.ti`w•� ate °
i
DARLENE J. BLOOM
Clerk of the Board of Supervisors
of Orange County, California
STATE OF CALIFORNIA
DEPARTMENT OF FISH & GAME
By:
C.F. Raysb ok, Regional Manager
South Coast Region
THE REGENTS OF THE UNIVERSITY
OF CALIFIA
By:
— 7
Chairman, Board of Supervisors
24
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. STATE OF CALIFORNIA - THE RESOURCESSNCY
ekhibit B
ARNOLSSCHWARZENEGGER, Govemor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA OFFICE
P 0 BOX 1450
200 OCEANGATE 10'" FLOOR
LONG BEACH, CA 90502-4325
(562) 590-5071
Date: April 2, 2004
Permit Application No.: 5-03-451
Page: 1 of 11
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
THIS IS NOT A COASTAL DEVELOPMENT PERMIT
THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE
STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL
DEVELOPMENT PERMIT ("CDP"). A Coastal Development Permit for the development
described below has been approved but is not yet effective. Development on the site
cannot commence until the CDP is effective. In order for the CDP to be effective,
Commission staff must issue the CDP to the applicant, and the applicant must sign and
return the CDP. Commission staff cannot issue the CDP until the applicant has
fulfilled each of the "prior to issuance" Special Conditions. A list of all of the Special
Conditions for this permit is attached.
The Commission's approval of the CDP is valid for two years from the date of approval.
To prevent expiration of the CDP, you must fulfill the "prior to issuance" Special
Conditions, obtain and sign the CDP, and commence development within two years of the
approval date specified below. You may apply for an extension of the permit pursuant to
the Commission's regulations at Cal. Code Regs. title 14, section 13169.
On March 17,2004, the California Coastal Commission approved Coastal
Development Permit No. 5-03-451, requested by California Department Of Fish 8
Game, Attn: Terri Stewart subject to the attached conditions, for development
consisting of: Construction of the Back Bay Science Center and Water Quality
Testing Laboratory. Existing structures consisting of a total of 8,594 square feet will
be demolished and removed from the site. The new building will be one-story and
31 feet above existing grade and consist of four (4) wings with a total of 13,000
square feet.. More specifically described in the application file in the Commission
offices. Commission staff will not issue the CDP until the "prior to issuance" special
conditions have been satisfied.
The development is within the coastal zone in Shellmaker Island, Back Bay
Drive/Shellmaker Rd., Newport Beach (Orange County) .
4ICE OF INTENT TO ISSUE PEROT
(Upon satisfaction of special conditions)
Date: April 2, 2004
Permit Application No.: 5-03-451
Page 2 of 11
If you have any questions regarding how to fulfill the "prior to issuance" Special
Conditions for CDP No. 5-03-451, please contact the Coastal Program Analyst
identified below.
Sincerely,
PETER M. OUGLAS
utive 1 erector
By: er i- J. Sy
Coasta 'rogram Analyst
Date: April 2, 2004
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this Notice and fully
understands its contents, including all conditions imposed.
Date
Permittee
Please sign and return one copy of this form to the Commission office at the
above address.
STANDARD CONDITIONS
1. Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
N•CE OF INTENT TO ISSUE PERS
(Upon satisfaction of special conditions)
Date: April 2, 2004
Permit Application No.: 5-03-45 i
Page 3 of 11
3. Interpretation. Any questions of intent or interpretation of any condition will
be resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to
bind all future owners and possessors of the subject property to the terms
and conditions.
SPECIAL CONDITIONS:
NOTE: IF THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT(S) BE
RECORDED WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE LEGAL
FORMS TO COMPLETE (WITH INSTRUCTIONS). IF YOU HAVE ANY QUESTIONS,
PLEASE CALL THE DISTRICT OFFICE.
1. Final Wetland Enhancement and Monitoring Program
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall develop, in consultation with the CA Department of Fish and Game
and the U.S. Fish and Wildlife Service as appropriate, and submit for review and
written approval of the Executive Director, a final detailed program designed by a
qualified wetland biologist for enhancement and monitoring of the wetland site. The
enhancement and monitoring program shall at a minimum include the following:
1. Plans for site preparation and invasive plant removal;
2. Restoration plan including planting design, plant palette, source of plant
material, plant installation, erosion control;
3. Final Success Criteria including target vegetation cover, target species
composition, target wildlife usage and methods of monitoring;
4. Provisions assessing the initial biological and ecological status of the "as built"
enhancement site within 30 days of establishment of the site in accordance
with the approved enhancement program. The assessment shall include an
analysis of the attributes that will be monitored pursuant to the program, with
a description of the methods for making that evaluation.
•ICE OF INTENT TO ISSUE PERT
(Upon satisfaction of special conditions)
Date: April 2, 2004
Permit Application No.: 5-03-451
Page 4 of 11
5. Provisions for monitoring and remediation of the enhancement site in
accordance with the approved final enhancement and monitoring program for
a period of five years or until it has been determined that success criteria have
been met or have failed to be met.
6. Provisions for submission of annual reports of monitoring results to the
Executive Director for the duration of the required monitoring period,
beginning the first year after submission of the "as -built" assessment. Each
report shall include copies of all previous reports as appendices. Each report
shall be cumulative report that summarizes all previous reports. Each report
shall also include a "Performance Evaluation" section where information and
results from the monitoring program are used to evaluate the status of the
wetland enhancement project in relation to the performance standards.
7. Provisions for submission of a final monitoring report to the Executive Director
at the end of the final performance -monitoring period. Final performance
monitoring shall take place after at least three years without remediation or
maintenance other than weeding. The performance monitoring period shall
either be five years or three years without maintenance or remediation,
whichever is longer. The final report must be prepared in conjunction with a
qualified wetlands biologist. The report must evaluate whether the
enhancement site conforms to the goals, objectives, and performance
standards set forth in the approved final enhancement program. The report
must address all of the monitoring data collected over the monitoring period.
B. The permittee shall enhance and monitor the wetland enhancement site in
accordance with the approved enhancement and monitoring program. Any
proposed changes to the approved enhancement and monitoring program shall be
reported to the Executive Director. No changes to the approved enhancement and
monitoring program shall occur without a Commission amendment to this coastal
development permit unless the Executive Director determines that no amendment
is legally required.
2. Biological Monitor
An appropriately trained biologist shall monitor construction activity for disturbance to sensitive
species or habitat area. At minimum, monitoring shall occur once a week during any week in
which construction occurs. Daily monitoring shall occur during construction activities, which could
significantly impact biological resources such as construction within 100 feet of wetlands and
construction that could result in disturbances to Salt Marsh Bird's Beak, Belding's Savannah
Sparrow, California Light -Footed Clapper Rail, or California Gnatcatcher. Based on field
observations, the biologist shall advise the applicant regarding methods to minimize or avoid
significant impacts, which could occur upon sensitive species or habitat areas. The applicant shall
not undertake any activity, which would disturb sensitive species or habitat area unless specifically
authorized and mitigated under this coastal development permit or unless an amendment to this
*ICE OF INTENT TO ISSUE PENT
(Upon satisfaction of special conditions)
Date: April 2, 2004
Permit Application No.: 5-03-451
Page 5 of 11
coastal development permit for such disturbance has been obtained from the Coastal
Commission.
3. Lighting
Exterior night lighting shall be 1) shielded and directed so that light is directed toward the ground
and away from sensitive biological habitat; 2) limited to the minimum intensity and quantity
necessary to address security and safety issues; and 3) wherever feasible considering security
and safety issues, turned off during non -operation hours of the proposed facility.
4. Salt Marsh Bird's Beak Pre -Construction Survey
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit a valid salt marsh bird's beak pre -construction survey as
outlined in the Preconstruction Survey Plan for Endangered and Threatened
Biological Resources Shelimaker Island Back Bay Science Center prepared by
Keane Biological Consulting and Coastal Resources Management received on
December 8, 2003. The salt marsh bird's beak survey shall be completed before
construction of the proposed project.
B. If impacts to salt marsh bird's beak is found within the project area, the applicant
shall not proceed with the project until a Coastal Commission approved
amendment to this coastal development permit is obtained or unless the Executive
Director determines that no amendment is legally required.
5. Beldinq's Savannah Sparrow, California Light -Footed Clapper Rail and California
Gnatcatcher Pre -Construction Survey
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit valid belding's savannah sparrow, california light-footed
clapper rail and california gnatcatcher pre -construction surveys as outlined in the
Preconstruction Survey Plan for Endangered and Threatened Biological Resources
Shellmaker Island Back Bay Science Center prepared by Keane Biological
Consulting and Coastal Resources Management received on December 8, 2003.
The belding's savannah sparrow, california light-footed clapper rail and california
gnatcatcher surveys shall be completed before construction of the proposed
project.
B. If impacts to belding's savannah sparrow, california light-footed clapper rail and
california gnatcatcher are found within the project area, the applicant shall not
proceed with the project until a Coastal Commission approved amendment to this
coastal development permit is obtained or unless the Executive Director determines
that no amendment is legally required.
NICE OF INTENT TO ISSUE PEROT
(Upon satisfaction of special conditions)
Date: April 2, 2004
Permit Application No.: 5-03-451
Page 6 of 11
6. Habitat Buffering and Landscaping Requirements
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall prepare and submit two (2) full size copies of a Habitat Buffering and
Landscaping Plan to the Executive Director for review and approval. The revised
habitat buffering and landscaping plans shall utilize solely native plant species
appropriate to habitat type. The habitat buffering and landscaping plan shall also
contain the following elements:
1. Where feasible and excepting the main entry road, re -site proposed roads
and parking areas located within 100 feet of wetlands to maximize the
physical separation of this development from adjacent wetlands and coastal
waters;
2. For any portion of the proposed "Teaching Lab" building that is within 100
feet of coastal waters or wetlands, a berm and appropriate barrier and
transitional vegetation to provide additional buffering shall be placed
between the proposed structure and coastal waters or wetlands;
3. A physical barrier shall be placed between wetlands and proposed roads
and parking areas to minimize the intrusion of light and glare upon that
habitat from vehicles. The barrier may consist of berms, fencing, and/or
native vegetation, or other similar barrier to light deemed acceptable by the
Executive Director.
B. The permittees shall undertake development in accordance with the approved plan.
Any proposed changes to the approved final plan shall be reported to the Executive
Director. No changes to the approved final plans shall occur without a Commission
amendment to this coastal development permit unless the Executive Director
determines that no amendment is required.
7. Erosion Control Plan
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall provide to the Executive Director for review and approval, two (2) full
size copies of a Final Erosion Control Plan with plan notes and general standards
for erosion control, All sediment, construction debris, and waste products should
be retained on -site unless removed to an appropriate approved dumping location.
The approved plans shall be subject to the following requirements and include the
following components:
1. Erosion on the site shall be controlled to avoid adverse impacts to habitat
areas. This shall include erosion due to on- and off -site drainage or release
of water, construction activities, and the existence of roads and graded pads
on the site. The applicant shall take all safe and reasonable measures to
control siltation.
•
NOCE OF INTENT TO ISSUE PER•
(Upon satisfaction of special conditions)
Date: April 2, 2004
Permit Application No.: 5-03-451
Page 7 of 11
2. The following temporary erosion control measures shall be used during
construction activity: a combination of temporary measures (e.g., geo-fabric
blankets, spray tackifiers, silt fences, fiber rolls, sand bags and gravel bags),
as appropriate, during each phase of site preparation, grading and project
construction. The applicant shall also provide containment methods to
prevent manmade debris and/or chemicals from slope stabilization from
entering drainage from the site.
3. Following construction, erosion on the site shall be controlled to avoid
adverse impacts on dedicated trails, public roadways, and park and wetland
habitat areas.
4. A copy of the Storm Water Pollution Prevention Plan (SWPPP) and any
amendments thereto, prepared for compliance with the State Water
Resources Control Board General Construction Activity Permit, which
specifies BMPs appropriate for use during each phase of site preparation,
grading and project construction, and procedures for their installation, based
on soil loss calculations. The submitted calculations will account for factors
such as soil conditions, hydrology (drainage flows), topography, slope
gradients, vegetation cover, use of chemicals or fixatives, the type of
equipment or materials proposed for use near shoreline areas and
groundwater elevations.
5. A site plan showing the location of all temporary erosion control measures.
Such site plan may acknowledge that minor adjustments in the location of
temporary erosion control measures may occur if necessary to protect
downstream resources. Such measures shall be noted on project grading
plans.
6. A plan to mobilize crews, equipment, and staging areas for BMP installation
during each phase of site preparation, grading and project construction, with
timing of deployment based on the forecast percentage of rainfall
occurrence. The plan shall also address provisions for delivery of erosion
prevention/control materials, or access to onsite supplies including unit
costs and specifications for adequate storage capabilities.
7. Limitations on grading activities during the rainy season, from October 15 to
April 15 of each year, wherein grading may only occur in increments as
determined by the City Engineer. Should grading take place during the
rainy season (October 15 - April 15), sediment basins (including debris
basins, desilting basins, or silt traps) shall be required on the project site
prior to or concurrent with the initial grading operations, and maintained
throughout the development process to control erosion, and to trap and
remove manmade debris, coarse sediment and fine particulates from runoff
waters leaving the site during construction activity, prior to such runoff being
DICE OF INTENT TO ISSUE PEST
(Upon satisfaction of special conditions)
Date: April 2, 2004
Permit Application No.: 5-03-451
Page 8 of 11
conveyed off site. All areas disturbed, but not completed, during the
construction season, including graded pads, shall be stabilized in advance
of the rainy season.
B. The permittee shall undertake development in accordance with the approved final
plans. Any proposed changes to the approved final plans shall be reported to the
Executive Director. No changes to the approved final plans shall occur without a
Commission amendment to this coastal development permit unless the Executive
Director determines that no amendment is required.
8. Water Quality Management Plan (WQMP)
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit for the review and approval of the Executive Director, two (2)
copies of a Final Water Quality Management Plan (WQMP) for the post -
construction project site, that is in substantial conformance with the preliminary plan
titled Water Quality Management Plan (WQMP) for Back Bay Science Center
prepared by Walden & Associates dated January 12, 2004, prepared by a licensed
water quality professional, and shall include plans, descriptions, and supporting
calculations. The WQMP shall incorporate structural and non-structural Best
Management Practices (BMPs) designed to reduce, to the maximum extent
practicable, the volume, velocity and pollutant load of stormwater and dry weather
flows leaving the developed site. In addition to the specifications above, the plan
shall be in substantial conformance with the following requirements:
1. Water Quality Goals
(a) Post -development peak runoff rates and average volumes shall not
exceed pre -development conditions.
(b) Appropriate structural and non-structural BMPs shall be designed to
treat, infiltrate, or filter the runoff from all surfaces and activities on
the development site;
(c) Post -construction structural BMPs (or suites of BMPs) shall be
designed to treat, infiltrate or filter the amount of stormwater runoff
produced by all storms up to and including the 85th percentile, 24-
hour storm event for volume -based BMPs, and/or the 85th
percentile, 1-hour storm event, with an appropriate safety factor (i.e.,
2 or greater), for flow -based BMPs;
(d) Runoff from all roofs and parking areas shall be collected and
directed through a system of structural BMPs including vegetated
areas and/or gravel filter strips or other vegetated or media filter
devices. Vegetated landscaped areas shall only consist of native
plants or non-native drought tolerant plants, which are non-invasive.
The filter elements shall be designed to 1) trap sediment,
particulates and other solids and 2) remove or mitigate contaminants
through infiltration and/or biological uptake. The drainage system
LICE OF INTENT TO ISSUE PEST
(Upon satisfaction of special conditions)
Date: April 2, 2004
Permit Application No.: 5-03-451
Page 9 of 11
shall also be designed to convey and discharge runoff in excess of
this standard from the building site in a non -erosive manner.
2. Parking Lot
(a) The WQMP shall provide for the treatment of runoff from parking lots
using appropriate structural and non-structural BMPs. At a minimum
this must include a bioswale and/or filter designed specifically to
minimize vehicular contaminants (oil, grease, automotive fluids,
heavy metals, hydrocarbons), sediments, and floatables and
particulate debris.
(b) The applicant shall regularly sweep the parking lot at a minimum on
a weekly basis, in order to prevent dispersal of pollutants that might
collect on those surfaces.
. (c) The detergents and cleaning components used on site shall comply
with the following criteria: they shall be phosphate -free,
biodegradable, and non -toxic to marine wildlife; amounts used shall
be minimized to the maximum extent practicable; no fluids
containing ammonia, sodium hypochlorite, chlorinated solvents,
petroleum distillates, or lye shall be used;
(d) The applicant shall not spray down or wash down the parking lot
unless the water used is directed through the sanitary sewer system
or a filtered drain.
(e) All BMPs shall be operated, monitored, and maintained for the life of
the project and at a minimum, all structural BMPs shall be inspected,
cleaned -out, and where necessary, repaired at the following
minimum frequencies: (1) prior to October 15th each year; (2) during
each month between October 15'h and April 1591 of each year and,
(3) at least twice during the dry season.
(f) Debris and other water pollutants removed from structural BMP(s)
during clean -out shall be contained and disposed of in a proper
manner;
(g) It is the applicant's responsibility to maintain the drainage system
and the associated structures and BMPs according to
manufacturer's specification.
B. The permittee shall undertake development in accordance with the approved final
plans. Any proposed changes to the approved final plans shall be reported to the
Executive Director. No changes to the approved final plans shall occur without a
Commission amendment to this coastal development permit unless the Executive
Director determines that no amendment is required.
I*ICE OF INTENT TO ISSUE PE*IT
(Upon satisfaction of special conditions)
Date: April 2, 2004
Permit Application No.: 5-03-451
Page 10 of 11
9. Final Project Plans
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit,
for the review and approval of the Executive Director, revised final plans, approved by the City of
Newport Beach, which conform with the requirements of the special 'conditions of this permit and
indicate the final layout of all development including grading, utilities, water quality management
system, trails, signs, interpretive amenities, habitat restoration, landscaping, berms, fences and
buildings and appurtenances. The permittee shall undertake development in accordance with the
approved final plans. Any proposed changes to the approved final plans shall be reported to the
Executive Director. No changes to the approved final plans shall occur without a Commission
amendment to this coastal development permit unless the Executive Director determines that no
amendment is required.
10. Shared/Reciprocal Parking Agreement
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall provide
written evidence of a reciprocal/shared parking agreement or equivalent document with any other
entities that share use of the proposed sixty-seven (67)-space parking lot which ensures that a
minimum fifty-two (52) parking spaces are available to serve the proposed Back Bay Science
Center during all hours that the Back Bay Science Center operates.
11. Conformance of Design and Construction Plans to Geotechnical Reports
A. All final design and construction plans, including foundation, grading and drainage
plans, shall be consistent with all recommendations contained in the following
geotechnical reports: Geotechnica! Report for the Proposed Shellmaker Island
Development, City of Newport Beach, California (Project No. 010692-001) prepared
by Leighton and Associates, Inc. dated June 25, 2002; Supplemental Analyses for
Mitigation of Lateral Spread and Evaluation of Deep Foundation System for the
Proposed Shellmaker Island Development, City of Newport Beach, California
(Project No. 010692-001) prepared by Leighton and Associates, Inc. dated October
16, 2002; and Addendum to Geotechnical Report, Back Bay Science Center,
Shellmaker Island Development, Newport Beach, California (Project No. 131h-200-
00) prepared by Bagahi Engineering Inc. dated October 3, 2003.
B. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the Executive Director's review and approval, evidence
that an appropriately licensed professional has reviewed and approved all final
design and construction plans and certified that each of those final plans is
consistent with all of the recommendations specified in the above -referenced
geologic evaluation approved by the California Coastal Commission for the project
site.
C. The permittee shall undertake development in accordance with the approved final
plans. Any proposed changes to the approved final plans shall be reported to the
Executive Director. No changes to the approved final plans shall occur without a
NICE OF INTENT TO ISSUE PERT
(Upon satisfaction of special conditions)
Date: April 2, 2004
Permit Application No.: 5-03-451
Page 11 of 11
Commission amendment to this coastal development perrnit unless the Executive
Director determines that no amendment is required.
12. Assumption of Risk, Waiver of Liability and Indemnification Agreement
A. By acceptance of this permit, the applicant acknowledges and agrees (i) that the
site may be subject to hazards from liquefaction; (ii) to assume the risks to the
applicant and the property that is the subject of this permit of injury and damage
from such hazards in connection with this permitted development; (iii) to
unconditionally waive any claim of damage or liability against the Commission, its
officers, agents, and employees for injury or damage from such hazards; and (iv) to
indemnify and hold harmless the Commission, its officers, agents, and employees
with respect to the Commission's approval of the project against any and all liability,
claims, demands, damages, costs (including costs and fees incurred in defense of
such claims), expenses, and amounts paid in settlement arising from any injury or
damage due to such hazards.
B. Prior to any conveyance of the property that is the subject of this coastal
development permit, the applicant shall execute and record a deed restriction, in a
form and content acceptable to the Executive Director incorporating all of the above
terms of subsection (A) of this condition. The restriction shall include a legal
description of the applicant's entire parcel. The deed restriction shall run with the
land, binding all successors and assigns, and shall be recorded free of prior liens
that the Executive Director determines may affect the enforceability of the
restriction. This deed restriction shall not be removed or changed without a
Commission amendment to this coastal development permit.
C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit a written agreement in a form and content acceptable to the
Executive Director, incorporating all of the above terms of this condition.
13. Future Development
This coastal development permit 5-03-451 approves only the development, as expressly described
and conditioned herein, of the project (Back Bay Science Center and Water Quality Testing
Laboratory) located on Shellmaker Island in the City of Newport Beach. Any future development,
such as but not limited to a change in the intensity of use and/or changes to or additions of
physical development (e.g. buildings and appurtenances) shall require an amendment to this
permit from the Coastal Commission or shall require an additional coastal development permit
from the Commission unless the Executive Director determines that no amendment or additional
permit is legally required.
Cooperative Agreement for the Back Bay Science Center
Exhibit C
Guidelines for the use of Wildlife Conservation and Restoration Program Funds
July 2004
A Wildlife Conservation and Restoration Program (WCRP) administered by the U.S. Department
of Interior, U.S. Fish and Wildlife Service pursuant to Title IX of the Commerce, Justice, State
Appropriations Act for Fiscal Year 2001 provides the Califomia Department of Fish and Game an
apportionment of funds to support wildlife conservation, wildlife conservation education and
wildlife -associated recreation projects focused on animal species of greatest conservation need.
DFG earmarked a portion of these funds allocated in Federal Fiscal Year 2001 to the Back Bay
Science Center Project at Upper Newport Bay Ecological Reserve for wildlife conservation
education. Guidelines for the use of WCRP funds are as follows:
(i) Wildlife conservation education projects are defined as "projects, including public outreach,
intended to foster responsible natural resource stewardship". Federal guidance indicates this
includes activities that provide enhanced understanding of wildlife, their associated habitats, and
their stewardship and management, as well as understanding the impacts or potential impacts of
wildlife associated recreation. The "public outreach" element would include efforts to establish
and improve communication with various persons and organizations regarding the wildlife
conservation and restoration program.
(ii) Use of WCRP funds for wildlife -associated recreation may not exceed 10% of the project
allocation. Wildlife -associated recreation is defined as "projects intended to meet the demand for
outdoor activities involved with wildlife including, but not limited to hunting and fishing, wildlife
observation and photography, such projects as construction or restoration of wildlife viewing
areas, observation towers, blinds, platforms, land and water trails, water access, field trialing, trail
heads and access for such projects". Such wildlife -associated recreation projects must be
compatible with the conservation and sustainability of wildlife.
(ill) Funds may not be used for enforcement; dissemination of regulations; or for efforts, projects,
or programs that promote or encourage opposition to the regulated taking of wildlife.
(iv) Funds may not be used for public relations activities that promote organizations or agencies
and that do not apply to educational, technical assistance, or outreach activities specifically
related to accomplishment of Federal Aid grants or programs.
(v) Funds may not be used for activities whose purpose is producing revenue. This includes all
processes and procedures directly related to the printing, distribution, issuance, or sale of
licenses, permits, etc., imposed by law or regulation. It also includes the acquisition of real or
personal property for the purpose of rental, lease, sale, or other commercial purposes. The
production of income that results from otherwise eligible activities, incidental to these activities, is
not prohibited. Examples are sale of surplus commodities, collection of user fees, etc.
(vi) Funds may not be used to provide services or property of material value to individuals or
groups for commercial purposes or to benefit such individuals or groups. This does not prohibit
providing technical assistance to a private landowner or operator where a public benefit will be
served.
(vii) Funds may not be used to furnish public facilities, equipment, or services in excess of the
minimum required to meet grant purposes or health and safety standards.
(viii) WCRP funds must be matched with state funds at a ratio of 25% state to 75% federal.
(ix) Projects under the WCRP must comply with the National Environmental Policy Act (NEPA),
Americans with Disabilities Act (ADA), National Historic Preservation Act (NHPA) and other
pertinent federal statutes.
Sources: Fish and Wildlife Service Federal Assistance Manual, Part 521, Chapter 1. 2001
Wildlife Conservation and Restoration Program Guidance. 2001
Title IX of the Commerce, Justice, State Appropriations Act for Fiscal Year 2001
�u
•
5
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Pk Ili
PROJECT BACK BAY SCIENCE CEER
ESTIMATE 90% DESIGN DEVELOPMENT
TYPE CSI 16 DIVISION
CLIENT RON YEO, FAIA ARCHITECT, INC.
LOC'N NEWPORT BEACH, CA.
SECTION
NO
BACK BAY SCIENCE CENTER
PROJECT SUMMARY
•
Exhihr'f 1
DATE 01/22/04
CAI NO. 2863
REVISION
PREP MADAMS
R. SINDELAR
SO FT TOTAL
DESCRIPTION SQ. FT COST COST
1 WATER QUALITY LAB, RESTROOM, STORAGE
2 TEACHING LAB
3 SUBTOTAL
4 SITEWORK
5 SUBTOTAL - SITEWORK/BUILDINGS
6 ADD ALTERNATE: ADMINISTRATION BLDG.
7
TOTAL ESTIMATED PROJECT COST
ADD ALTERNATE - SOLATUBE SKYLIGHTS
WATER QUALITY LAB
TEACHING LAB
ADMINISTRATION BUILDING
2 ADD ALTERNATE - PHOTOVOLTAIC SYSTEM
6,880 171.17 $1,177,678
2,820 169.29 $477,405
9,700 170.63 $1,655,082
12,410 85.34 $1,059,075
12,410 218.71 $2,714,158
2,710 188.48 $510,772
12,410 259.87
$3,224,930
$20,000
$10,000
$20,000
$170,000
PRINTED 1/22/04 CAI NO. 2823
BACK BAY SCIENCE CENTER- PROJECT SUMMARY PAGE 1 OF 1
CITY OF NEWPORT BEACH
SCHEDULE OF INSURANCE
COVERAGE AS OF: APRIL 2004
•
Policy Type
Coverage
Company/ Policy
#
.Eff.Date
•
.Exp ,:;
• • Date =
Limits
Premium
Comments
All Risks Property Incl.
Boiler and Machinery
Philadelphia Indemnity
Insurance Company
AM Best Rating: A+: IX
#PHPK074120
03-01-04
03-01-05
Blanket Bldgs Limit: $75,227,423
Blanket Business Personal
Property Limit: $8,485,958
Debris Removal: $1,000,000
Building Ordinance: $1,000,000
Valuable papers: $1,000,000
Library Books: $5,601,956
Scheduled Fine Arts: $36,000
Personal Property $50,000
of Others
Business Income $250,000
$113,777
Deductible: $25,000 -
Building & Business
Personal Property
72 hrs. - Business
Income
Boiler & Machinery Ded:
$2,500
w/Extra Expense
(see policy for applicable locations)
Boiler & Machinery: $50,000,000
Water Damage: $100,000
Ammonia Contamination: $100,000
Service Interruption: $250,000
Hazardous Substances: $100,000
Spoilage: $25,000
ew100dw - NB Sched.doc 1 (04104)
City of Newport Beach
Schedule of Insurance
As of April 2004
Page 2 of 5
Policy Type
Coverage
Company/Policy #
Eff Date
Exp Date
-Limits
Premium
.
Comments
Diff. In Conditions
All Locations Except 2
Piers
Pacific Insurance
Company, Ltd.
AM Best Rating: A: XV;
Non -Admitted
#ZG0019315
03-01-04
03-01-05
Limit: $2,500,000
1st Layer
$1,000,000 sublimit on
Demolition and Increased
Cost of Construction
$93,465.00
+ 3.014.25 Taxes & Fees
Deductible:
Earthquake - 7.5% per unit of
insurance subject to a
minimum of $50,000. a
2% per occurrence
Flood - $ 25,000 per
AOP - occurrence
$96,479.25
Diff. In Conditions
All Locations Except 2
Piers
Mt. Hawley
AM Best Rating: A: IX;
Non -Admitted #MDCO200319
03-01-04
03-01-05
Limit: $2,500,000
Excess of $2,500,000
2"d Layer
$68,000.00
+ 2.193.00 Taxes & Fees
Deductible: As per underlying
$70,193.00
Diff. In Conditions
All Locations Except 2
Piers
Westchester Surplus
Insurance Company
AM Best Rating: A: X;
Non -Admitted
#12065420A
03-01-04
03-01-05
Limit: $10,000,000
Excess of $5,000,000
3rd Layer
$52,186.00
+ 1.683.00 Taxes & Fees
Deductible: As per underlying
$53,869.00
Diff. In Conditions
All Locations Except 2
Piers
Great American Ins. Co. of
New York
AM Best Rating: A: XIII;
Admitted
#IMP988063008
03-01-04
03-01-05
Limit: $20,000,000
Excess of $15,000,000
4th Layer
$27,000.00
Deductible: As per underlying
,
All Risks Property -
2 Piers (Balboa &
Newport)
Westchester Surplus
Insurance Company
AM Best Rating: A: X;
Non -Admitted
#D3592999A
03-01-04
03-01-05
Newport Pier $6,800,000
Balboa Pier 5,800,000
Newport Pier 500,000
Building
Balboa Pier 250,000
Building
Rental lncome 500,000
Buildings
Rental lncome 1,000,000
Parking
$75,240.00
+ 2,426.49 Taxes & Fees
Deductible: $50,000
$77,666.49
Earthquake Policy -
Mt. Hawley
03-01-04
03-01-05
Limit: $2,500,000
$27,000.00
Deductible: $50,000, All Other Peril
ew100dw - NB Sched.doc 2 (D4/04)
City of Newport Beach
Schedule of Insurance
As of April 2004
Page 3 of 5
Policy Type
Coverage
Company/Policy #
Eff Date
Exp Date
Limits _
Premium
Comments
2 Piers (Balboa &
AM Best Rating: A: IX;
TIV: $14,850,000
+ 870.75 Taxes & Fees
Earthquake: 10% Per unit of
Newport)
Non -Admitted
1S1 Layer
$27,870.75
Insurance. Subject to a $50,000
#MDCO201020
Minimum per occurrence as respects
Earthquake
Earthquake Policy -
Pacific Insurance
03-01-04
03-01-05
Limit: $2,500,000 excess
$20,200.00
Deductible: As per underlying ,
2 Piers (Balboa &
Company, Ltd,
of $2,500,000
+ 651.45 Taxes & Fees
Newport)
AM Best Rating: A: XV;
Non -Admitted
TIV: $14,850,000
$20,851.45
#ZG0019316
2' Layer
Flood Policy 2 Piers
Landmark American
03-01-04
03-01-05
Limit: $2,500,000
$41,158.00
$25,000 Deductible except Tsunami
(Balboa & Newport)
Insurance Company
TN: $14,850,000
+ 1.327.35 Taxes & Fees
and Wave Wash which is 5% per unit
AM Best Rating: A: X;
1s' Layer
$42,485.35
of Insurance subject to a minimum of
Non -Admitted
$500,000
#LHQ409189
Flood Policy 2 Piers
Westchester Surplus Lines
03-01-04
03-01-05
Limit: $2,500,000 excess
$13,500.00
Deductible: As per underlying
(Balboa & Newport)
Insurance Co.
of $2,500,000
+ 435.38 Taxes & Fees
AM Best Rating: A: X;
Non -Admitted
2nd Layer
$13,935.38
#120654247
1
Watercraft
Fireman's Fund Ins. Co.
03-01-04
03-01-05
Limit Refer to policy
$39,475
Deductible: Refer to policy
AM Best Rating: A: XV;
Admitted
#0HL98461144
Excess Workers'
National Union Fire Ins.Co.
09-01-03
09-01-04
WC - Limits: $100M
$434,679.00
Retention: $1,000,000
Compensation &
of Pittsburgh, PA
Employers Liability
+ 8.694.00 C1GA
Employers Liability
A.M. Best Rating: A++: XV;
$1M
$443,373.00
Admitted
#3757188
Fiduciary Liability
RLI Insurance Company
03-01-04
03-01-05
Limit: $10,000,000
$26,780
Retention: $25,000
aw100dw - NB Sched.doc 3 (04/04)
City of Newport Beach
Schedule of Insurance
As of April 2004
Page 4 of 5
Policy Type
Coverage
Company/Policy #
Eff Date
Exp Date
r limits : ;
.`Premium.,
Comments
A.M. Best Rating: A: IX;
Admitted
#EPG0004058
Cdme
National Union Fire Ins. Co.
of Pittsburgh, PA
03-01-04
03-01-05
-Employee Theft 5,000,000
-Forgery or Alteration
$44,526
Deductible $100,000a
Coinsurance 10°l0 M.
A.M. Best Rating: A++: XV;
5,000,000
Duty
Admitted
-Inside Premises - 5,000,000
Includes Faithful Performance of
Employees
#004768337
Theft of Money & Securities
-Inside Premises — 5,000,000
Coverage for Government
Robbery or Safe Burglary
of Other Property
-Outside Premises 5,000,000
-Computer Fraud 5,000,000
-Money Orders & 5,000,000
Counterfeit Paper Currency
Excess Public Liability
Insurance Company of the
State of Pennsylvania
03-01-04
03-01-05
Limit: $11,000,000
$430,500
Retention: $500,000 each Occurrence
except Employment Practices Liability
A.M. Best Rating: A++: XV;
$1,000,000
Admitted
#47041422
II
Excess Public Liability
Great Lakes Reinsurance
03-01-04
03-01-05
Limit: $10,000,000
$297,148.00
A.M. Best Rating: A+: XV;
Excess of
+ 9.583.02 Taxes & Fees
Non -Admitted
$11,000,000
$306,731.02
#01UKFF000003801
Excess Public Liability
Clarendon America
03-01-04
—
03-01-05
Limit: $5,000,000
$60,000.00
A.M. Best Rating: A-: X;
Excess of
+ 1.935.00 Taxes & Fees
Non -Admitted
$21,000,000
$61,935.00
#XLX003130349
Pollution Liability
Greenwich Ins. Co.
12-01-01
12-01-04
Limit: $15,000,000
$291,912
Retention: $50,000
A.M. Best Rating: A+: XV;
+ 5,000 Broker Fee
aw100dw - N8 Sched.doc 4 1044D4)
City of Newport Beach
Schedule of Insurance
As of April 2004
Page 5of5
Policy Type
Coverage
Company/Policy #
Eff Date
Exp Date
Limits
Premium
• Comments
Admitted
#PEC000175901
$296,912
Oil Well Blanket Bond
Safeco Ins. Co. of America
A.M. Best Rating: A: XV:
Admitted
10-26-03
10-26-04
Limit: $25,000
$360.00
THIS SCHEDULE OF INSURANCE IS INTENDED AS A QUICK REFERENCE OF YOUR COMMERCIAL INSURANCE COVERAGES ONLY. PLEASE REFER TO YOUR POLICY
FOR MORE SPECIFIC TERMS, CONDITIONS AND LIMITATIONS AND EXCLUSIONS.
The information obtained from A.M. Best's Rating is as of April 9, 2004 and is not in any way Brown & Brown, Inc./CalSurance's warranty or guaranty of the financial stability of the insurer in question, and that
the information is current only as of this date.
•
aw100dw - NB Sched.doc 5 (04/04)