The URL can be used to link to this page

Home My WebLink About09 - Management Agreement for Buck Gully Open Space ReserveCITY OF F NEWPORT REACH City Council Staff Report November 25, 2014 Agenda Item No. 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Laura Detweiler, Recreation & Senior Services Director — (949) 644 -3157, Idetweiler@newportbeachca.gov PREPARED BY: Laura Detweiler PHONE: (949) 644 -3158 TITLE: Amendment No. 3 to Management Agreement with New Irvine Ranch Conservancy for the Buck Gully Open Space Reserve ABSTRACT: The City of Newport Beach has maintained a Professional Services Agreement with Irvine Ranch Conservancy, a private non - profit, since 2008 to provide land management services of Buck Gully. Irvine Ranch Conservancy has changed their incorporation to the New Irvine Ranch Conservancy, a public non- profit, which requires the City to re- assign and transfer all the land management rights and responsibilities under the new title. RECOMMENDATION: Authorize Amendment No. 3 to the Management Agreement with Irvine Ranch Conservancy, a private not - for- profit, and re- assign and transfer all the land management rights and responsibilities to their new corporation title of New Irvine Ranch Conservancy, a public non - profit. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Buck Gully consists of approximately 300 acres of open space and a creekbed within the Orange County Central Coastal Natural Community Conservation Plan (NCCP) areas. Land within the NCCP contains protected species and therefore set aside in perpetuity as mitigated land in exchange for development elsewhere. NCCP lands must be managed in a specific manner to preserve their natural resources. The City of Newport Beach became the property owner of Buck Gully in 2005 and is a signatory to the NCCP Implementation Agreement and responsible for its land management. Rather than do this land management work with City staff, the City entered into a professional services agreement with Irvine Ranch Conservancy in 2008 to manage Buck Gully. As land managers they are responsible for assuring the following: NE Long term adaptive biotic resource management and monitoring Habitat restoration and enhancement Fire and fuels management Public access and recreation Maintenance of the existing infrastructure consistent with the terms of the NCCP Mandated reporting Through this agreement the City of Newport Beach and the Irvine Ranch Conservancy have accomplished significant improvements to this natural resource for the community to enjoy, while ensuring long term preservation of the land and its wildlife that call it home. Buck Gully now has an improved trail system and an active habitat restoration program, along with regularly programmed recreational and educational programs. Staff- and volunteer -led hikes, invasive species removal and native replacements, and fuel modification programs are helping sustain the ecological balance in the Gully as a result of this partnership. Amendments #1 and #2 of the management agreement increased the scope of work to include the Upper Buck Gully Loop trail improvements, resource management, educational programming and the Water - Wise Native Revegetation Demonstration project. The Irvine Ranch Conservancy, a non - profit private operating foundation, has undergone a change of its incorporation to the New Irvine Ranch Conservancy, a public non - profit. As such, this agenda item would have the City reassign and transfer all land management responsibilities to the new corporation (see Attachment A). While the Conservancy's non - profit corporate structure has evolved to better meet its mission of assisting partners with managing open space and wildlands, that mission and the vision, values, staff, operations and activities of the organization are the same as before. ENVIRONMENTAL REVIEW: 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). ATTACHMENTS: Description Attachment A - Irvine Ranch Agreement 9 -2 Attachment A AMENDMENT NO. THREE TO MANAGEMENT AGREEMENT WITH IRVINE RANCH CONSERVANCY FOR THE BUCK GULLY OPEN SPACE RESERVE THIS AMENDMENT NO. THREE TO MANAGEMENT AGREEMENT ( "Agreement') is made and entered into as of the 7th day of November, 2014, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and IRVINE RANCH CONSERVANCY, a California nonprofit corporation ( "Manager'), and NEW IRVINE RANCH CONSERVANCY, a California nonprofit corporation ( "Assignee'), whose address is 4727 Portola Parkway, Irvine, CA 92620, and is made with reference to the following: RECITALS A. On March 1, 2008, City and Manager entered into a Management Agreement ( "Agreement') for management services related to the Buck Gully Open Space Preserve ( "Project'). B. On July 1, 2011, City and Manager entered Amendment No. One to the Agreement to modify the Basic Management Services and adjust the total base Management Fee ( "Amendment No. One "). C. On May 31, 2013, City and Manager entered Amendment No. Two to the Agreement to increase the scope of work, and to increase the total compensation ( "Amendment No. Two "). D. Assignee has been incorporated to perform management services on open space lands, such as those related to Project. City desires to assign and transfer the scope of work and all rights and responsibilities under the Agreement to Assignee and Manager consents and agrees to the transfer to NEW IRVINE RANCH CONSERVANCY. E. City and Manager mutually desire to amend this Agreement, as provided below NOW, THEREFORE, it is mutually agreed by and between the undersigned parties that the Agreement is amended to reflect that the Manager hereforth under the Agreement is NEW IRVINE RANCH CONSERVANCY, with all of the rights and responsibilities under said Agreement. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] NEW IRVINE RANCH CONSERVANCY Page 1 9 -3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE �v L--,- Aai'6n C. Harp City Attorney ATTEST: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Dave Kiff City Manager MANAGER: IRVINE RANCH CONSERVANCY, a California nonprofit corporation Date: 11- S- 1q By. L--A Michael O'Connell Executive Director Date: // —/ Z '-1 ay Halvorsen Secretary ASSIGNEE: NEW IRVINE RANCH CONSERVANCY, a California nonprofit corporation Date: rr -S -/Y By: Michael O'Connell Executive Director Date: [END OF SIGNATURES] NEW IRVINE RANCH CONSERVANCY Page 2 P3!