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HomeMy WebLinkAboutC-3481(B) - Standard Agreement #06-101 (for Teaching Laboratory Wing of the Back Bay Science Center BBSC), Amendment No. 1-2/11 ca STATE OF CALIFORNIA coSTANDARD AGREEMENT (Grant - Rev 09/06) AGREEMENT NUMBER AM. NO. 06-101 2 TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NO. M 95-6000751 vl IIIS AGREEMENT, made and entered into this day of �Iected in the State of California, by and between State of California, throug its duor appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE AULNUY Executive Officer State Coastal Conservancy , hereafter called the Conservancy, and City of Newport Beach , hereafter called the Grantee. The Grantee, for and in consideration of the covenants, conditions, agreements, and stipulations of the Conservancy hereinafter expressed, does hereby agree as follows: The State Coastal Conservancy ("the Conservancy") and the City of Newport Beach ("the grantee") agree to amend their existing Agreement No. 06-101 as follows: TERM OF AGREEMENT The term of the agreement is extended to April 30, 2029. The completion date is extended to January 31, 2009. All other terms and conditions of the existing agreement shall remain in effect. The provisions on the following pages constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA GRANTEE AGENCY GRANTEE (IfoXffian an individual whether a corporation, partnership, etc.) State Coastal Conservancy City ofNewpoq Mich) BY (Authorized Sign ture) BY (A orize ignatu , j"( �i A A , PRINT NAM A L 0 PER ON SIGNING PRINTE NA TITL F PE N NI[1G Samuel Schuchat, Executive Officer Edward D. Seli h, Mayor ADDRESS & PHONE NUMBER ADDRESS & PHONE NUMBER 1330 Broadway, 13th Floor 3300 Newport Boulevard Oakland, CA 94612 Phone: (510) 286-1015 Newport Beach, CA 92658-8915 AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY (CODE AND TITLE) FUND TITLE DOCUMENT Water Security.../ CA I certify that this agreement is Capital Outlay Clean Water... exempt from Department of 1� General Services approval. (OPTIONAL USE) $ -O- ,P Back Bay Science Center PRIOR AMOUNT ENCUMBERED ITEM CHAPTER STATUTE FISCAL YEAR FOR THIS AGREEMENT $450,000.00 3760-301-6031(0.5)(B)(1)=$400,000.00 208 2004 04/05 C." 3760-301-6029(1) _ $50,000.00 379 2002 02/03 Rea ro . bv 038/05 TOTAL AMOUNT ENCUMBERED OBJECT OF EXPENDITURE (CODE AND TITLE) TO DATE $450,000.00 Resource Enhancement/ Public Access I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. SIGNATU OF ACCOUNTING FICER DATE —� GRANTME —E] ACCOUNTING ❑ PROJECT MANAGER ❑ CONTROLLER ❑ STATE AGENCY 3vS3-) (0 STATE OF CALIFORNIA AGREEMENT NUMBER AM. N0, STANDARD AGREEMENT 06-101 1 (Grant - Rev 09/06) TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NO. 95-6000751 THIS AGREEMENT, made and entered into this -o day of Q 2008, in the State of California, by and between State of California, through s ly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Executive Officer State Coastal Conservancy , hereafter called the Conservancy, and City of Newport Beach , hereafter called the Grantee. The Grantee, for and in consideration of the covenants, conditions, agreements, and stipulations of the Conservancy hereinafter expressed, does hereby agree as follows: The State Coastal Conservancy ("the Conservancy") and the City of Newport Beach ("the grantee") agree to amend their existing Agreement No. 06-101 as follows: The amount of this agreement is increased to $450,000.00 (four hundred fifty thousand dollars). TERM OF AGREEMENT The term of the agreement is extended to November 30, 2028. The completion date is extended to August 30, 2008. All other terms and conditions of the existing agreement shall remain in effect. The provisions on the following pages constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA GRANTEE AGENCY State Coastal Conservancy GRANTEE (Ifothprthan an inVrvidYl, state whethera corporation, partnership, etc.) City B h oAewporta BY (Authorized Sig at re) BY ( fit rize Si tur CA Clean Water... (OPTIONAL USE) Back Bay Science Center PRINTED NAIVIK AN VLCTPERSON SIG MJTEVRANTEAI PERSON SIGNING Samuel Schuchat, Executive Officer Edward D. Selich, Mayor ADDRESS & PHONE NUMBER ADDRESS & PHONE NUMBER 1330 Broadway, 13th Floor 3300 Newport Boulevard Oakland, CA 94612 Phone: (510) 286-1015 Newport Beach, CA 92658-8915 AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY (CODE AND TITLE) FUND TITLE DOCUMENT Water Security.../ Capital Outlay CA Clean Water... (OPTIONAL USE) Back Bay Science Center 50'000.00* PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT ITEM CHAPTER STATUTE FISCAL YEAR $400,000.00 3760-301-6031(0.5)(B)(1) =$400,000.00 208 2004 04/05 3760-301-6029(1) =$ 50,000.00* —11 -?— TOTAL AMOUNT ENCUMBERED ' DATE r0 OB,p�,CT OF EXPENDI UREp(�;PPDE Nrp��Tl LE *K Q�1 It D l.�/l. o O $450,000.00 ResoL ce nhancement/ ublic Access 1 hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER ,es -bn ttVuu -n DATE 05L23L" 0 GRANTEE ❑ ACC112,15INTING ❑ PROJECT MANAGER ❑ CONTROLLER ❑ STATE AGENCY I certify that this agreement is exempt from Department of General Services approval. (i 261 (1—t) S I ATE OF CALIFORNIA =EMENT NUMBER $TANDARD AGREEMENT IJV -101 Grant - Rev 09/06) TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NO. 95-6000751 THIS AGREEMENT, made and entered into this Ill day of .il '� %"J I 2 .22 in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE AULNUY Executive Officer I State Coastal Conservancy , hereafter called the Conservancy, and City of Newport Beach , hereafter called the Grantee. The Grantee, for and in consideration of the covenants, conditions, agreements, and stipulations of the Conservancy hereinafter expressed, does hereby agree as follows: SCOPE OF AGREEMENT Pursuant to Chapter 9 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the Conservancy") hereby grants to the City of Newport Beach ("the grantee") a sum not to exceed $400,000 (four hundred thousand dollars), subject to the terms and conditions of this agreement. The grantee shall use these funds to complete the following project ("the project") at Shellmaker Island in the Upper Newport Bay Ecological Reserve, Newport Beach, Orange County, as described in the staff recommendation, which is incorporated by reference and attached as Exhibit A. Grantee shall complete construction of the Back Bay Science Center teaching laboratory wing. The Back Bay Science Center shall consist of an approximately 13,900 square foot building with a teaching laboratory, water quality testing facilities, and administrative office. The teaching laboratory wing shall replace existing facilities with classrooms overlooking Upper Newport Bay and shall include wet -labs as well as outdoor learning spaces and shall be in a modular layout to provide for future expansion as more funding becomes available. (Continued on Following Pages) The provisions on the following pages constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA GRANTEE AGENCY GRANTEE (It other than an individual, state whether a corporation, partnership, etc.) State Coastal Conservancy City yf Ne Beach BY (Rut)�� B ( thorinatu PRINTED NAME AND TITLE OF PERSON SIGNING Samuel Schuchat, Executive Officer PRINTED NAME AND TITLE OF PERSON S ING Steven Rosansky, Mayo ADDRESS & PHONE NUMBER 1330 Broadway, 13`h Floor ADDRESS 3300 Newport Boulevard Oakland, CA 94612 Phone: (510) 286-1015 1 Newport Beach, CA 92658-8915 AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE AND TITLE) DOCUMENT Capital Outlay $ 400,000'00 (OPTIONAL USE) Back Bay Science Center FUND TITLE Water Security... I certify that this agreement is exempt from Department of General Services approval. PRIOR AMOUNT ENCUMBERED ITEM CHAPTER I STATUTE FISCAL YEAR FOR THIS AGREEMENT $ _0_ 3760-301-6031 (0.5) (B) 1 ..208 2004 04/05 TOTAL AMOUNT ENCUMBERED OBJECT OF EXPENDITURE (CODE AND TITLE) TO DATE $ 400,000.00 Resource Enhancement/Public Access I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. SIGNATURE 0 ACCOUNTING OFFICER ( ❑ GRANTEE U ❑ ACCOWING ❑PROJECT MANAGER ❑ CONTROLLER ❑ S ATE City of Newport Beach Grant Agreement No. 06-101 Page 2 SCOPE OF AGREEMENT (Continued) The grantee shall carry out the project in accordance with this agreement and a work program, as provided in the "WORK PROGRAM" section, below. The grantee shall provide any funds beyond those granted under this agreement which are needed to complete the project. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT The Conservancy shall not be obligated to disburse any funds unless and until the following conditions precedent have been met: The City Council of the grantee has adopted a resolution authorizing the execution of this agreement. 2. The Executive Officer of the Conservancy ("the Executive Officer") has approved in writing: A work program for the project, as provided in the "WORK PROGRAM" section, below. b. A plan for installation of signs and placards, as provided in the "SIGNS" section, below. c. All contractors that the grantee intends to retain in connection with the project. The grantee must provide written evidence to the Conservancy that each contractor has complied with the bonding requirements described in the "BONDING" section, below. 3. The grantee has provided written evidence to the Conservancy that: a. All permits and approvals necessary to the completion of the project under applicable local, state and federal laws and regulations have been obtained. b. The grantee has provided for required insurance coverage, including additional insured endorsement, as described in the "INSURANCE" section, below. City of Newport Beach Grant Agreement No. 06-101 Page 4 Standard Provisions WORK PROGRAM The grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with the purposes of this grant agreement. The work program shall include: Construction plans and specifications which have been certified by a licensed architect or registered engineer, or approved by the grantee's Public Works Director. 2. A schedule of completion for the project specifically listing the project timeline and a final project completion date. 3. A detailed project budget. The project budget shall describe all labor and materials costs of completing each component of the project. For each project component, the project budget shall list all intended funding sources, including the Conservancy's grant, and all other sources of monies, materials, or labor. The grantee shall review the plans on=site with Conservancy staff. The grantee shall construct the project in accordance with the approved work program. The work program shall have the same effect as if included in the text of this agreement. However, the work program may be modified without amendment of this agreement upon the grantee's submission of a modified work program and the Executive Officer's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. SIGNS The grantee shall install and maintain a sign (or signs) visible from the nearest public roadway identifying the project, acknowledging Conservancy assistance, and displaying the Conservancy's logo, and directing the public to the project. The Conservancy shall provide to the grantee specifications for the sign(s). The grantee may incorporate the required information into other signs as approved by the Executive Officer. In special circumstances, where the placement of signs or the general specifications are inappropriate, the Executive Officer may approve alternative, more appropriate methods for acknowledging the source(s) of funding. The grantee shall submit plans describing the number, design, placement and wording of the signs, or the specifications of a proposed, alternative method. The Conservancy will withhold final disbursement until the signs are installed as approved by the Conservancy. City of Newport Beach Grant Agreement No. 06-101 Page 6 COSTS AND DISBURSEMENTS (Continued) An authorized representative of the grantee shall sign the forms. Each form shall be accompanied by: 1. All receipts and any other source documents for direct expenditures and costs that the grantee has incurred. 2. Original invoices from contractors that the grantee engaged to complete any portion of the work funded under this agreement and any receipts and any other source documents for costs incurred and expenditures by any such contractor, unless the Executive Officer makes a specific exemption in writing. 3. Written substantiation of completion of the portion of the project for which the grantee is requesting disbursement. With each form, the grantee shall submit a supporting progress report summarizing the current status of the project and comparing it to the status required by the work program (budget, timeline, tasks, etc.). The grantee's failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee until the grantee corrects all deficiencies. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The grantee shall expend funds in the manner described in the approved project budget. The allocation of the Conservancy's total grant among the items in the project budget may vary by as much as ten percent without approval by the Executive Officer. Any difference of more than ten percent must be approved in writing by the Executive Officer. The Conservancy may withhold payment for changes in particular budget items which exceed the amount allocated in the project budget by more than ten percent and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this agreement. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement. City of Newport Beach Grant Agreement No. 06-101 Page 8 OPERATION AND MAINTENANCE The grantee shall use, manage, maintain and operate the project throughout the term of this agreement, consistent with the purposes for which the Conservancy's grant was made. The grantee assumes all operation and maintenance costs of these facilities and structures; the Conservancy shall not be liable for any cost of such maintenance, management, or operation. The grantee may be excused from its obligations for operation and maintenance during the term of this agreement only upon the written approval of the Executive Officer. For purposes of this agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. MITIGATION Without the written permission of the Executive Officer, the grantee shall not use or allow the use for mitigation (in other words, to compensate for adverse changes to the environment elsewhere) of any portion of real property on which the Conservancy has funded construction. All funds generated in connection with any authorized or allowable mitigation on the real property shall be remitted promptly to the Conservancy until the Conservancy has been fully paid for all of its past, present, and future costs with respect to the real property, including, without limitation, staff, planning, development, restoration, operation and maintenance, and monitoring costs, and acquisition costs at fair market value as of the time mitigation is to begin. INSPECTION Throughout the term of this agreement, the Conservancy shall have the right to inspect the project area to ascertain compliance with this agreement. INDEMNIFICATION AND HOLD HARMLESS The grantee shall be responsible for, indemnify and hold harmless the Conservancy, its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs, including, without limitation, litigation costs and attorneys fees, resulting from or arising out of the willful or negligent acts or omissions of the grantee, its officers, agents, City of Newport Beach Grant Agreement No. 06-101 Page 10 INSURANCE (Continued) b. Automobile Liability coverage: ISO Form Number CA 0001, Code 1 (any auto). c. Workers' Compensation insurance as required by the Labor Code of the State of California. d. Course -of -construction (also known as "Builder's Risk") insurance covering all risks of loss. (Any proceeds of loss payable under this coverage shall be used to replace, rebuild or repair the damaged portions of the facilities and structures constructed under this agreement.) e. Property insurance covering the loss, damage, or destruction of the facilities or structures constructed under this agreement against fire and extended coverage perils. (Any proceeds of loss payable under this coverage shall be used to replace, rebuild and/or repair the damaged portions of the facilities and structures constructed under this agreement.) 2. Minimum Limits of Insurance. The grantee shall maintain coverage limits no less than: a. General Liability: $1,000,000 per occurrence for bodily injury, (Including operations, products personal injury and property damage. If and completed operations, as Commercial General Liability Insurance or other applicable) form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities under this agreement, or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. c. Course of Construction: Completed value of the project with no coinsurance penalty provisions. d. Property Insurance 90 percent of full replacement cost of the facilities or structures. 3. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the Executive Officer. City of Newport Beach Grant Agreement No. 06-101 Page 12 INSURANCE (Continued) amount in light of the nature of the project with a minimum limit of liability of $1,000,000. 8. Premiums and Assessments. The Conservancy is not responsible for premiums and assessments on any insurance policy. AUDITS/ACCOUNTING/RECORDS The grantee shall maintain financial accounts, documents, and records (collectively, "records") relating to this agreement, in accordance with the guidelines of "Generally Accepted Accounting Principles" ("GAAP") published by the American Institute of Certified Public Accountants. The records shall include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to the construction of the project, and the use, management, operation and maintenance of the real. Time and effort reports are also required. The grantee shall maintain adequate supporting records in a manner that permits tracing from the request for disbursement forms to the accounting records and to the supporting documentation. Additionally, the Conservancy or its agents may review, obtain, and copy all records relating to performance of the agreement. The grantee shall provide the Conservancy or its agents with any relevant information requested and shall permit the Conservancy or its agents access to the grantee's premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this agreement and any applicable laws and regulations. The grantee shall retain the required records for a minimum of three years following the later of final disbursement by the Conservancy, and the final year to which the particular records pertain. The records shall be subject to examination and audit by the Conservancy and the Bureau of State Audits during the retention periods. If the grantee retains any contractors to accomplish any of the work of this agreement, the grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors. The Conservancy may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement. City of Newport Beach Grant Agreement No. 06-101 Page 14 ASSIGNMENT Without the written consent of the Executive Officer, the grantee may not assign this agreement in whole or in part. TIMELINESS Time is of the essence in this agreement. EXECUTIVE OFFICER'S DESIGNEE The Executive Officer shall designate a Conservancy project manager who shall have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing. AMENDMENT Except as expressly provided in this agreement, no changes in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. LOCUS This agreement is deemed to be entered into in the County of Alameda. COASTAL CONSERVANCY Staff Recommendation November 9, 2006 NEWPORT BEACH BACK BAY SCIENCE CENTER File No. 05-011 Project Manager: Greg Gauthier RECOMMENDED ACTION: Authorization to disburse an amount not to exceed $400,000 to the City of Newport Beach to assist in the construction of the teaching laboratory wing of the new Back Bay Science Center in Upper Newport Bay in Orange County. LOCATION: City of Newport Beach on Shellmaker Island in Upper Newport Bay (Exhibits 1 and 2). PROGRAM CATEGORY: Education and Public Access EXHIBITS Exhibit 1: Project Location and Site Map Exhibit 2: Newport Bay Map Exhibit 3: Shellmaker Island Today Exhibit 4: Shellmaker Island after Back Bay Science Center Exhibit 5: Back Bay Science Center Model Photograph Exhibit 6: Back Bay Science Center Floor Plan Exhibit 7: Negative Declaration and Mitigation and Monitoring Program Exhibit 8: Letters of Support RESOLUTION AND FINDINGS: Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to Sections 31400-31409 and 31119 of the Public Resources Code: "The State Coastal Conservancy hereby authorizes the disbursement of an amount not to exceed four hundred thousand dollars ($400,000) to the City of Newport Beach to complete construction of the teaching laboratory wing of the Back Bay Science Center, subject to the following conditions: 1. Prior to the disbursement of any Conservancy funds for construction, the City of Newport Page 1 of 11 BACK BAY SCIENCE CENTER quality testing laboratory, and offices for Department of Fish and Game (DFG) staff and the volunteers who help with the education programs and restoration efforts. The new teaching laboratory, with classrooms overlooking Upper Newport Bay, will include wet -labs for two 30 - student classes as well as various outdoor learning stations. The modular layout of the teaching lab provides for future expansion of teaching facilities as and when more funding is obtained. The project will also expand existing Coastal Commission native plant propagation facilities to enhance its capacity to provide material for Reserve restoration projects. The BBSC will serve as a focal point for Reserve management, education, research, and restoration projects sponsored by DFG, the Coastal Commission, UC Irvine, and local volunteers such as the Upper Newport Bay Naturalists and Friends. The Back Bay Science Center (BBSC) will focus on research -based education pertaining to wetland and watershed issues. The work perfonned at the BBSC will provide a deeper understanding of the link between watersheds and the ocean, and allow decisions affecting Upper Newport Bay and its watershed to be driven by the application of sound science. The teaching laboratory will include visual aids to teach students of all ages about the value of the flora and fauna in the Reserve and the importance of good water quality. Creating a link between the teaching laboratory and the working Health Care Agency (HCA) water quality -testing laboratory is an essential component of the BBSC. Linking these operations will allow students, researchers and visitors to better understand how Upper Newport Bay's water quality, marine life, and human actions at home and in the workplace are intertwined. The HCA laboratory is responsible for testing recreational water from Orange County's beaches and adjacent water. Staff works with other departments and agencies to investigate the sources and causes of bacterial pollution to coastal waters. The HCA laboratory is performing cutting-edge research in areas such as DNA fingerprinting. The project will convert degraded uplands on the south side of the Island into a wetland demonstration area that will serve as an outdoor laboratory for scientists and researchers as well as an outdoor classroom for educators and students. An existing interpretive trail will be rehabilitated,and extended, and teaching stations will be added to enable students and the public to better understand the importance of preserving the flora and fauna in the Reserve. The saltmarsh on the south side of Shellmaker Island will be restored and expanded to create a wetlands rehabilitation demonstration project. Buildings and pervious parking area paving will transform the barren central area of Shellmaker Island created by the deposition of dredge materials several decades ago. Storm -water runoff will be directed to a natural treatment system. All of these site features will showcase responsible environmental best management practices, and be designed to inspire visitors to help solve ecological problems. Landscaped buffers of native vegetation will protect adjacent wetlands from impacts related to light and glare from the parking area. Site Description: The Back Bay Science Center will be located on Shellmaker Island in Upper Newport Bay in Orange County. Upper Newport Bay (UNB) is the largest of only a few remaining protected estuaries in Southern California, making the BBSC the ideal place for estuarine studies and wetlands and watershed education. Page 3 of 11 is s €E BACK BAY SCIENCE CENTER The BBSC project on Shellmaker Island in the Upper Newport Bay Ecological Reserve is a multi-party project that has been under development for years. Many entities were involved in planning the BBSC, including: California Department of Fish and Game, City of Newport Beach, the County of Orange Health Care Agency Water Quality Laboratory, the Coastal Commission, the Newport Bay Naturalists and Friends, and UC Irvine. The current design of the BBSC teaching laboratory is the end -product of more than seven years of planning. CDFG approved the Mitigated Negative Declaration for the project in 2003. In March 2004, the Coastal Commission unanimously approved a Coastal Development Permit for the Project. The City of Newport Beach approved plans and specifications and requested proposals in June 2004 and the Newport Beach City Council voted on February 28, 2006 to proceed with construction. The groundbreaking ceremony for the project took place on April 23, 2006. PROJECT FINANCING: Coastal Conservancy $ 400,000 DFG: Wildlife Conservation and Restoration Act Grant 985,000 DFG: American Trader Oil Spill Settlement 112,000 City of Newport Beach 1,602,564 Count of Orange 1,230,000 Irvine Co 600,000 Miocean Contribution (private funding) 500,000 UC Irvine 308,000 Wildlife Conservation Board 69,000 Total Project Cost $5,806,564 The anticipated source of Conservancy funds is the fiscal year 2004-2005 appropriation from the Water Security, Clean Drinking Water, Coastal Beach Protection Fund of 2002 (Proposition 50). Proposition 50 requires that a portion of these funds be used for the development of facilities to promote public access and participation in the conservation of land, water and wildlife. Eligible projects under Proposition 50 include educational interpretive centers, like the proposed project, that are in or adjacent to watersheds and wetlands and provide wildlife viewing, outdoor experiences, and conservation education programs (California Water Code Section 79571). CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION: This proposed project would be undertaken pursuant to Chapters 3 (regarding education projects) and 9 (regarding public access to the coast) of the Conservancy's enabling legislation. Chapter 3 of Division 21 of the Public Resources Code enables the Conservancy to "undertake educational projects for pupils in kindergarten to grade 12, inclusive, relating to the preservation, protection, enhancement and maintenance of coastal resources" and to "award grants to nonprofit organizations, educational institutions, and public agencies for those purposes" Public Resources Code Section 31119(a)(1). The Back Bay Science Center will provide space for the teaching laboratory and related visual aids that will serve as a base for educators to teach students of Page 5 of 11 a yS BACK BAY SCIENCE CENTER 3. Support of the public: There is widespread public support for the Back Bay Science Center from the local community as well as from throughout the region. In addition to financial support, the Back Bay Science Center will benefit from an active and large force of volunteers who contribute to the educational programs and activities in the Upper Newport Bay each year. The proposed Conservancy grant for the BBSC been specifically endorsed by the Newport Bay Naturalists and Friends, University of California Irvine, California Department of Fish and game, the County of Orange, Orange County CoastKeeper, SurfRider Foundation, California Coastal Commission, Friends of Harbors, Beaches and Parks, and State Assemblyman Tom Harman. Letters received in support of project are attached as Exhibit 8. 4. Location: The proposed project would be located within the coastal zone of the City of Newport Beach. 5. Need: The City of Newport Beach has already raised $5,406,564 towards the $5,806,564 needed for the construction of the Back Bay Science Center. Funding from the Conservancy will close the remaining funding gap and allow the City of Newport Beach to complete the construction of the BBSC in the summer 2007. Without Conservancy participation, this project will not be completed. 6. Greater -than -local interest: As discussed in the "Project Financing" and "Consistency with Conservancy's Enabling Legislation" sections above, the Back Bay Science Center will provide environmental educational programs for school children from throughout Orange County. The BBSC also will attract the general public. With the completion of the BBSC, the number of visitors from throughout the county is expected to increase. Additional Criteria 7. Urgency: The project construction is already underway. Due to construction mobilization costs and increasing construction materials costs it is urgent that construction continue now to complete the Back Bay Science Center. 8. Leverage: As described in the "Project Financing" section above, Conservancy funds are being matched by $5,406,564 of other funds. The City of Newport Beach has raised more that $5,406,564 in funds including $1,100,000 from private sources and businesses, and $2,832,564 from local agencies. 9. Innovation: The Back Bay Science Center will provide an innovative approach to partnership for education and public outreach through the cooperative work of the Orange County Health Care Agency's water quality labs, University of California Irvine, the Newport Bay Naturalists and Friends, the City of Newport Beach water quality staff, the California Coastal Commission's habitat restoration and community-based restoration education staff. To have all these resources at one site will leverage their unique expertise in new and exciting ways. 10. Readiness: The grantee has finalized plans, obtained all necessary permits, raised most of the funds necessary for the project, and begun construction. 11. Realization of prior Conservancy goals: The Coastal Conservancy has been actively engaged in funding restoration and public access planning for the Upper Newport Bay Page 7 of 11 BACK BAY SCIENCE CENTER transportation/traffic. Any short-term potential impacts will be mitigated by implementing the measures discussed below. Biological Resources Potential biological resources impacts to be mitigated include potential substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service; potential substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service; and potential substantial adverse effect on federally protected wetlands as defined by section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrologic interruption, or other means. These potential impacts will be addressed by the following mitigation measures: 1) A preconstruction focused survey for Beldings savannah sparrows shall be conducted during the breeding season to determine if breeding activity is occurring. If any Belding savannah sparrows are exhibiting breeding behavior within 100 feet of the project site then the biological monitor, in conjunction with California Department of Fish and Game or U.S. Fish and Wildlife Service, shall determine if construction activity should be halted until the breeding season (March to September) has been completed. 2) A qualified biologist shall be on site during grading and trenching activities. The biologist shall ensure that sensitive biological resources, including rare, threatened, and endangered species, are not adversely affected by the project construction activities. The project biologist will determine whether construction should be halted during the breeding season to avoid impacts on sensitive species such as the light-footed clapper rail or California gnatcatcher. 3) Vehicular and construction personnel foot traffic shall not impinge on coastal sage scrub, salt marsh, mud flats, or bay environments, either on the project site or on adjacent sensitive habitat areas such as the slope area along the eastern side of Back Bay Drive. "No Entrance" signage and barriers shall be erected to prohibit intrusions into sensitive habitats. 4) Prior to commencement of construction, a qualified biologist shall conduct a field survey to determine whether clapper rails or California gnatcatchers are nearby. If these sensitive species are present the California Department of Fish and Game (DFG) shall determine whether construction should be scheduled to avoid critical nesting periods. 5) DFG shall review the proposed construction plans with the Project Manager to ensure that construction methods and equipment chosen reduce noise to the greatest extent practical. 6) Construction contract specifications shall require that sensitive salt marsh areas are protected from inadvertent damage during construction. Prior to commencement of construction, a qualified biologist shall flag salt marsh areas to be protected and meet with the project manager to ensure that the construction personnel are familiar with these restrictions. Page 9 of 11 H� BACK BAY SCIENCE CENTER water management plan, and the requirement that construction debris be removed from the site and disposed of properly. (Mitigation Measures MM VII -2, MM VIII -1, MM VIII -2, and MM VIII -3, pages 64, and 66 of Exhibit 7) A mitigation monitoring program was adopted by the Department of Fish and Game, the lead agency. It identifies for each mitigation measure the mechanism or action for monitoring, the method and timing of verification and the agency or persons responsible for conducting the monitoring. Staff has independently reviewed the Mitigated Negative Declaration prepared and adopted by the DFG and recommends that the Conservancy finds that the project, as mitigated, does not have the potential for an adverse environmental effect. Staff will file a Notice of Determination upon approval of the project. Page 11 of I 1