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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. • • 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. 2 • • 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 3 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 4 (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. 5 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 6 "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). 7 • (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. 8 (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 9 • • 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. 10 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. 11 (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 12 • • 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: 13 (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. 14 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 15 • • 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. 16 (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, 17 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. 18 • • (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 VICINITY MAP i l 'I f-�._�\ I/ // !J_ `. //)..; !' 1 r- \ rQ,, \ )i DEMONSTRATION•I4 FILTRATION MARSH; ; 'il'�17R L. % ; I it &TE PLAN UNSAY art T 1ILLL PAR 97STALLSS''' nn t111.;1WII_ll l 1 ! ; TTl?T1TT,'' JU of PO-rroa a t►wv• LLLLL! weeww (OW •.wn ) CONSTRUCTION STAGING AREA t WSW OCOUP WON OUTDOOR LEARNING STATIONS TRAIL "'N •'...-: BACKBAY DRIVE . •r (4) •aw"mwru.orts[.c •0 i• true north. c DETAIL TITLE EXISTING TRAIL i NEW TRAIL (MATCH EXIST. TRAIL CONSTRUCTION D.G. & TREX BOARDWALK ..s TEMPORARY SECURITY AND DUST/WINDSCREEN WITH SIGN "NO ADMITTANCE" TEMPORARY SECURITY SCREEN WITH SIGN 'NO ADMITTANCE' — ^ TEMPORARY SECURITY SCREEN WITH SIGN 'NO ADMITTANCE EXCEPT RESTORATION TEAM • NO VEHICLES' OT TEACHING/OBSERVATION STATION NOTE: REFER TO CIVIL PLANS FOR HORIZONTAL AND VERTICAL CONTROLS ... ...vin-' S'IYEDLCGNEDUa f S7 in Site thn Road BACK BAY SCIENCE CENTER 600 SAAIImNuf U Newport and'. CA .2 A'1.'1 ar„ww..., 4.01. C CRT or IawPONT BEA01 vac woos . 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 0 a w W S-1 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)