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Home My WebLink AboutC-3905(A) - Management Agreement for the Buck Gully Open Space Reserve-DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB 4, AMENDMENT NO. FOUR TO MANAGEMENT AGREEMENT WITH NEW IRVINE RANCH CONSERVANCY FOR THE BUCK GULLY OPEN SPACE RESERVE THIS AMENDMENT NO. FOUR TO MANAGEMENT AGREEMENT ("Amendment No. Four") is made and entered into as of the 7th day of November, 2016 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and IRVINE RANCH CONSERVANCY, a California nonprofit corporation ("Assignor"), whose address is 4727 Portola Parkway, Irvine, CA 92620, and is made with reference to the following: RECITALS A. On March 1, 2008, City and Irvine Ranch Conservancy, a California nonprofit corporation ("Assignor") entered into a Management Agreement ("Agreement") for management services related to the Buck Gully Open Space Preserve ("Project"). B. On July 1, 2011, City and Assignor entered Amendment No. One to the Agreement to modify the Basic Management Services and adjust the total base Management Fee ("Amendment No. One"). C. On May 31, 2013, City and Assignor entered Amendment No. Two to the Agreement to increase the scope of work, and to increase the total compensation ("Amendment No. Two"). D. On November 7, 2014, City and Assignor entered Amendment No. Three to the Agreement to assign and transfer the Scope of Work and all rights and responsibilities under the Agreement to NEW IRVINE RANCH CONSERVANCY, a California nonprofit corporation ("Manager") ("Amendment No. Three"). E. In 2015, Manager formally dissolved and Assignor purchased the rights to the name "IRVINE RANCH CONSERVANCY". F The parties desire to enter into this Amendment No. Four to assign and transfer the scope of work and all rights and responsibilities under the Agreement back to Assignor, to incorporate an Operating Plan, to include Prevailing Wage language and to increase the Management Fee. G. City, Manager and Assignor mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Pursuant to Article IV, Section 4.3 of the Agreements, "Modification of Management Services", the Scope of Services performed by Manager shall be NEW IRVINE RANCH CONSERVANCY Page 1 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB supplemented to include the Land Management Operations Plan, which defines and describes management obligations and details a Ten Thousand Dollar and 00/100 ($10,000.00) increase to the Management Fee is attached hereto as Exhibit E and incorporated herein by reference. 2. PREVAILING WAGES If any of the Extra Work Services contemplated under the agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not Tess than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman shall be paid to all workmen employed on such. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Extra Work Services are to be performed for each craft, classification, or type of workman or mechanic needed to execute the agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Conservancy or any subcontractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Conservancy or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] NEW IRVINE RANCH CONSERVANCY Page 2 DocuSign Envelope ID: 1 EA991EF-6C53-49EA-833F-5EAFCB91BCFB IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: I i (7 l U By: l A Ih Aaron C. Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Dave Kiff City Manager MANAGER: NEW IRVINE RANCH CONSERVANCY, a California nonprofit corpoDate:11/8/2016 Date: DocuSigned by: BY:- 1333909Ec361-c4A9. . Michael O'Connell Executive Director Date:11/9/2016 r--DocuSigned by: By `R9 BoA O�DwCa Ken Kramer Assistant Secretary ASSIGNOR: IRVINE CONSERVANCY, a California corporation Date: 11/8/2016 DocuSigned by: By8B�9S t aF k0.. Michael u t onnell Executive Director Date: 11/8/2016 ,—DocuSigned by: Bye G ' Crr �, awti917 93... Chris Uarrett Secretary [END OF SIGNATURES] Attachments: Exhibit E - Land Management Operations Plan RANCH nonprofit NEW IRVINE RANCH CONSERVANCY Page 3 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I I '71 I ti By: t \k Aaron C. Harp City Attorney ATTEST: 1 Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: \ By: Dave Kiff City Manager MANAGER: NEW IRVINE RANCH CONSERVANCY, a California nonprofit corporation Date:11/8/2016 (--DocuSigned by: B y� eays br �xo. Mictiaer� (,onnell Executive Director Date:11/9/2016 DocuSigned by: By 720.61... Ken Kramer Assistant Secretary ASSIGNOR: IRVINE CONSERVANCY, a California corporation Date: 11/8/2016 (---DocuSigned by: Byi liSJ5+ : br AV.. Micriaef .Connell Executive Director Date: 11/8/2016 DocuSigned by: By: ,F,..ol42i60n a.. Chris Garrett Secretary [END OF SIGNATURES] Attachments: Exhibit E - Land Management Operations Plan RANCH nonprofit NEW IRVINE RANCH CONSERVANCY Page 3 DocuSign Envelope ID: 1 EA991 EF-6C53.49EA-833F-5EAFCB91 BCFB EXHIBIT E LAND MANAGEMENT OPERATIONS PLAN NEW IRVINE RANCH CONSERVANCY Page E-1 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB Land Management Operations Plan I RVI N E RANCH CONSERVANCY Proposal for Management Services for the City of Newport Beach Buck Gully Reserve DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB TABLE OF CONTENTS Preface 3 Land Management Operations Plan 7 General Operational Guidelines and Policies 12 Operations Plan Services and Activities: Section A/B: Community Programs and Visitor Services 22 Section C: Communications and Public Outreach 37 Section D: Natural Resource Management and Monitoring 46 Section E: Planning, Infrastructure and Operations 62 Section F: Extra Work Services 69 Annual Management Fee 71 i. ?.;„ 4.;L—,..2 :at^. i 0' . ,:i.. .; An.12 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB PREFACE For almost 10 years, Irvine Ranch Conservancy (IRC) has partnered with the City to care for natural resources and provide public access opportunities in the Buck Gully Reserve. During that time, we have helped the City build a trail network, grow a highly active volunteer corps, manage rare species and habitats, and offer numerous free programs annually to more than one thousand members of the community. The Conservancy's partnership with the City is one of our organization's oldest, most productive, and most successful and we are excited to propose renewing this relationship for the next decade. ORGANIZATIONAL BACKGROUND Irvine Ranch Conservancy (www.irconservancy.org) is a California tax-exempt, non-profit public -benefit organization headquartered in Irvine. Our Mission is to protect, restore and enhance the natural resources and open space on and around the historic Irvine Ranch in perpetuity and to provide diverse opportunities for compatible public enjoyment by catalyzing and conducting scientific, recreational, and educational initiatives and programs. To accomplish this Mission, we work in partnership with public and private landowners and other non -profits to assist them in managing their lands to the highest possible standards and to connect the public to the resources and experiences these lands offer. As a not -for - profit organization, we are able to deliver lower cost, high quality services to our partners, and, because our Mission is about caring for the land, we regularly bring additional value to our partnerships beyond the basic terms of our management agreements. The Conservancy has been operating and managing open space land in Newport Beach and on the historic Irvine Ranch for more than a decade. We were incorporated in 2004 as Irvine Ranch Land Reserve Trust (a non-profit Private Operating Foundation). In 2007, we changed our name to Irvine Ranch Conservancy. The City of Irvine was our first public landowner partner, beginning in early 2005, followed by the City of Newport Beach beginning in 2008. And in 2012, to complete our evolution to a full autonomous public charity, we seated a high-level, independent public Board of Directors that governs the operations of the organization. MANAG EMENT ACTIVITI ES AN D PARTNERSHIPS The Conservancy works with a wide variety of partners under formal Management Agreements to steward open space land, provide public access and awareness, and maintain visitor facilities. We currently manage more than 30,000 acres of wilderness parks, nature preserves and wildlands in central Orange County, among them more than 300 acres within the City of Newport Beach. Since 2007, the Conservancy has managed 20,000 acres of open space in the North Irvine Ranch that is now part of the County of Orange parks system. The County of Orange renewed their management contract with the Conservancy in 2013 for an additional 12 years after an DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB open public RFP process. The Conservancy has also worked for the City of Irvine since 2005, including a renewal for 10 additional years in 2015, providing similar services in the Irvine Open Space Preserve. Each of these agreements has a similar scope that includes natural resource management, visitor services, volunteer management, planning and facilities operations, and education and public outreach. We also have formal partnership agreements that do not involve paid services with organizations such as Crystal Cove State Park, Orange County Fire Authority, and the UC Irvine Center for Environmental Biology. HISTORY AND ACCOMPLISHMENTS IN BUCK GULLY RESERVE When our partnership with the City of Newport Beach in Buck Gully began, no active natural resource management was being conducted in the Reserve. The Conservancy quickly helped the City of Newport Beach create and secure approval of a comprehensive Resource and Recreation Management Plan (RRMP) for Buck Gully under the Central Coastal Natural Communities Conservation Plan (NCCP). The RRMP authorized a full trail system along with terms and conditions of public access, and established broad habitat management and enhancement goals. This plan is the primary guidance and authorization for the City's long- term management of the Reserve. After nearly a decade of hard work and partnership, the City's Buck Gully Reserve is fully coming into its own. We have built and maintained several miles of trails, restored native habitats, monitored wildlife, managed volunteers, and provided public interpretive programs and a wide variety of other activities. Volunteers from the active corps of more than 250 docents and trail guides provide free interpretive tours to the public on the entire trail network. Since the summer of 2012, shortly after the bridges were installed and the trail system completed, the Conservancy has offered more than 100 public programs for more than 800 participants, and volunteers have contributed over 2,000 hours of service in Buck Gully. The Buck Gully Reserve trail system is becoming known in the community as a highly desirable spot for daily outdoor activities due to the quality and design of the trails. All told, this history is a tremendous story of how a public/private partnership can work to create tangible and lasting benefit on the land for Newport Beach residents both now and for the future. ORGANIZATIONAL EXPERIENCE AND QUALIFICATIONS The Conservancy has extensive experience in habitat restoration and invasive species management, including some of the most cutting -edge landscape -scale habitat restoration projects underway anywhere in the nation. We have contracted with OC Waste and Recycling and the Orange County Transportation Authority to conduct large-scale habitat restoration mitigation projects in four sub -watersheds on the historic Irvine Ranch in a variety of habitat - types. The Conservancy currently has more than 2,000 acres of land under restoration DocuSign Envelope ID: 1EA991EF-6C53-49EA-633F-5EAFCB91BCFB funded through these mitigation projects. This is a prime example of the Conservancy's ability to bring additional funds, value and capacity to our land management partnerships. The staff team of the Conservancy is among the most talented and experienced working in our industry. The organization is composed of three departments - Planning & Field Operations, Science & Stewardship, and Community Programs, which work together with Communications and Executive staff to deliver the wide variety of management services we provide. Conservancy staff includes three Ph.D.-level scientists as well as professional trail builders; AIA-certified architects; National Association for Interpretation (NAI)-Certified Interpretive Trainers, Guides, and Planners; California certified teachers; wildland fire experts; and Certified Wildland Managers. Most staff possesses the highest possible education or certifications in their fields. RATIONALE AND BASIS FOR PROPOSAL AND OPERATIONS PLAN The Conservancy proposes to provide the full range of services contained in this Operations Plan through its own organizational capacity, supplemented on a task -basis by subcontracts for various specialized assistance including rare plant and animal surveys, technical volunteer trainings, statistical data analysis, weed control, certain types of trail construction, and other as -needed tasks. The Land Management and Operations Plan in the following sections is a comprehensive approach to managing the City's Reserve property. The Conservancy's proposed Scope of Services is integrated and identified within the broader Plan, which also contains policies and procedures that the organization will be following in managing the land. The Conservancy is staffed, positioned, experienced and structured to provide the entire scope of services identified in this Proposal without the need to create a prime/subcontractor basis for any of the major components of the Land Management and Operations Plan. The Land Management and Operations Plan and proposed partnership effectively delegates daily operations responsibility on the land to the Conservancy under the general supervision of the City. It describes in detail the proposed plan of operation to fulfill the Scope of Services under an Agreement for Contract Services with the City. It creates a comprehensive, long-term work program that will adaptively manage the Reserve over the next 10 years for natural resources and public use, building on the accomplishments of the past decade and in compliance with the terms of the Orange County Central Coastal NCCP and other deed restrictions on the land. The Plan includes the entire spectrum of visitor services, volunteer training management and deployment, communications and public outreach, natural resources management and monitoring, and planning, infrastructure and operations. The one area of management not included in the Operations Plan and not anticipated as part of the Conservancy's Scope of Services is Public Safety and Enforcement in the Reserve. This element has been ably provided thusfar by the Newport Beach Police DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB Department and the City's Park Patrol officers. This Operations Plan identifies that the City will continue its Park Patrol in close coordination with Conservancy management activities. The Operations Plan describes the role and responsibilities of each partner with respect to Public Safety as well as the anticipated commitments of the City to the partnership in the future resulting from increased visitation and use of the Reserve. PARTNERS ON THE LAND The Conservancy offers a unique partnership opportunity to the City of Newport Beach under this Proposal unlike any other on the land. In addition to providing the highest level of service to the City, as a mission -driven non-profit organization we are also a collaborator and full partner in stewardship who can bring substantial value to the relationship including potential additional funding, relationships with adjacent landowners and regulatory agencies, extensive academic and research connections, state and national -level relationships, specialized knowledge and expertise, and broad community and corporate associations. The Conservancy has a strong track record of identifying additional funding and capacity to address issues beyond the scope of our management agreements - such as attracting outside funds for supplemental habitat restoration projects or trail construction grants - which leverages our involvement on behalf of the land and our partners. Over the past four years, we have received funding for projects on the open spaces we manage from external sources totaling more than $7,500,000 to supplement the basic management operations in our partnerships. Managing open space lands to the highest possible standards and connecting the public to them in meaningful, sustainable ways is not just our work, it is our Mission. It is the purpose for which we exist and why our employees and volunteers join us. We are much more than a land management organization or a service provider, since our work includes involving the public in the land through recreation and outreach while ensuring that current and future generations can experience and enjoy the open spaces of Newport Beach in good condition forever. And, as a public non-profit organization, we provide a combination of high -quality service, accountability, and low overhead cost that is difficult if not impossible to duplicate. We hope that you will reflect on all these added benefits of a renewed partnership with the Conservancy, in addition to our substantial record of accomplishment in Newport Beach when considering the elements of this Proposal. • '171: ;.:,-,a_•.:;=tru}6 DocuSign Envelope ID. 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB The purpose of the Land Management Operations Plan is to describe the diversity of programs and services Irvine Ranch Conservancy will provide to protect, preserve and enhance Buck Gully's natural resources, while providing a variety of opportunities for compatible passive recreation and public access that connects people with the land. PURPOSE This Land Management and Operations Plan defines and describes management obligations for visitor services, volunteer training/management and deployment, communications and public outreach, natural resource management and monitoring, and planning/infrastructure/operations, for the Buck Gully Reserve. The Conservancy's proposed Scope of Services is integrated and contained within the broader Plan, which also contains policies and procedures for management of the Reserve. Fundamentally, the Operations Plan provides: • A long-term Adaptive Management approach for the Reserve, designed to maintain and enhance the natural resources of the land over time, consistent with Best Management Practices based in conservation science, the NCCP, the terms of the adopted RRMPs, applicable deed restrictions, and other relevant regulations (federal, state, and local); • A delineation of the relationship, roles and responsibilities among City personnel and Irvine Ranch Conservancy staff and volunteers (the Conservancy) regarding management activities of each partner; • Definitions and descriptions of a wide variety of programs, practices, activities and projects that promote the highest possible standards of stewardship of the land and its Tong -term operation while connecting the public of Newport Beach and the broader region to the land in meaningful, sustainable ways. 7 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB918CFB GENERAL MANAGEMENT ROLES AND RESPONSIBILITIES This Operations Plan outlines a detailed scope and work plan under which the Conservancy will assist the City in a long-term partnership of comprehensive management of the Reserve toward shared goals and objectives, while maximizing each organization's complementary capacity and creating operational and financial efficiencies and avoiding redundancy. This Operations Plan delegates the implementation of routine land management, community programs, field operations activities, communications and outreach, and other services on the Reserve to the Conservancy under an Agreement for Contract Services. The Conservancy is fully accountable to the City and the terms of this Operations Plan for the results and products of that work. While the Conservancy is responsible for day-to-day decisions and management activities under the Plan, the City retains ultimate authority for the Reserve and general direction of the Conservancy's work. The detailed responsibilities and expectations of the Conservancy are described in the following Sections of this Operations Plan. The Operations Plan objectives and associated costs are based on the efficiencies of general program oversight by the City with specific day-to-day operational activities and decisions by the Conservancy according to prevailing conditions on the land, reported in regular program reports. The Operations Plan and reporting are structured to provide sufficient detail to the City about operations for it to ensure desired outcomes on the Scope of Services, while allowing the Conservancy the operating flexibility required in determining necessary priorities, allocating resources, and identifying tasks. The City retains all authority for establishing policies and general programs, while delegating the implementation of those policies and delivery of specific programs on an operational basis to the Conservancy according to the Operations Plan and Contract. All work plans and ongoing operational decisions are based on approved NCCP Resource and Recreation Management Plans, other deed -based regulatory and NCCP protection requirements and commitments, and the City's desire to provide community enjoyment of its open space lands. The City will be provided with an annual work plan as well as quarterly and annual program reporting of work completed. We have learned over the past 10 years of working with the City on these lands that successful open space management requires long-term strategies, with projects prioritized to best achieve the City's desired program results, as well as ongoing operational flexibility. Land Manager Role Per an executed management contract and the terms of this Operations Plan, and under the general supervision of the City of Newport Beach Recreation and Senior Services Department, the Conservancy will be responsible for day-to-day operational and management duties performed within the Buck Gully Reserve and other selected facilities/areas as noted. These duties include: Ran DocuSign Envelope ID. 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB • visitor services; • volunteer training/management/deployment; • communications and public outreach; • natural resource management/monitoring and compliance oversight; • planning, infrastructure and operations; • contract administration and reporting as outlined in the executed Agreement for Contract Services. City of Newport Beach Role The Department of Recreation and Senior Services is responsible for oversight of the land management services contract and providing general supervision of land management activities conducted by the Conservancy, receiving and reviewing reports, and responding to issues requiring City involvement. The City is also responsible for enforcing compliance with municipal codes, providing Reserve Security and Public Safety for lands within the Buck Gully Reserve, and performing heavy or large-scale maintenance, debris removal and repair of major damage resulting from unauthorized use or from major events such as storms, wildfire, earthquakes, vandalism, homelessness or malicious mischief. The City is also responsible for maintaining defensible spaces for fighting wildfire within the Hazard Reduction Zones (HRZ) of Buck Gully (see map below). Currently, the City of Newport Beach Fire Department uses contractors to trim flashy fuels and other vegetation in the HRZ on an annual basis (early summer usually). IRC will, however, continue to coordinate with the Newport Beach Fire Department on these efforts to ensure negative impacts to habitat and wildlife are minimized. This includes flagging sensitive native plants that should be left untouched and/or sharing the location of active nests belonging to sensitive bird species within or in close proximity to the HRZ. IRC can provide a biological monitor to safeguard an active nest deemed vulnerable to fuels reduction activities. Additionally, IRC staff will comply with all Municipal codes designed to reduce the risk of wildfire within the HRZ and areas of Very High Fire Hazard (e.g. Sections 4907-4911). With the increase in public use, the Conservancy recommends the addition of Park Patrol officers that are specifically trained on the rules and regulations of the Reserve and the NCCP. These officers would assist in rule compliance within the Reserve and could easily be expanded into other City -owned Open Space areas. This would align the City of Newport Beach's enforcement capabilities with surrounding Open Space areas such as the City of Irvine Open Space Preserve, Crystal Cove State Park and OC Parks' Laguna Coast Wilderness Park. pi:,n 9 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB BUCK GULLY RESERVE MANAGEMENT AREAS Approximately 300 acres of the Buck Gully Reserve lands, including 3.5 miles of trails, are to be adaptively managed long-term in a comprehensive manner under Core Services of this Land Management Operations Plan. While the vast majority of the acreage is to be managed for habitat conservation, 14.7 acres are in the Hazard Reduction Zone (HRZ) where vegetation is trimmed as needed to maintain defensible space against wildfire. The Reserve is located within the southeastern portion of the City of Newport Beach (City), Orange County, California (County). It encompasses the central reach of a larger canyon that originates approximately 3.5 miles upstream from the coast. It is bounded to the north by San Joaquin Hills Road, to the east by Newport Coast Drive and Pelican Hills Golf Course, and to the south by Pacific Coast Highway. Visitor -serving facilities include the Oasis Senior Center and Newport Coast Community Center. 10 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB d Lt S _v 1) 4-4 CO CO Et sa 2z � a re 3 0 a DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB GENERAL OPERATIONAL GUIDELINES AND POLICIES The City of Newport Beach has distinguished itself among municipalities in Orange County through its commitment to open space protection and stewardship. The City developed the Natural Resources Element of their General Plan to provide direction regarding the conservation, development, and utilization of natural resources within their ownership. The element identifies existing natural resources and establishes policies for their preservation, development, and wise use. In 2002, the City updated the General Plan and Natural Resources Elements, including the addition of several goals and polices relevant to resource management in Buck Gully. The updated Plan also identified two "environmental study areas" (or ESAs) in Buck Gully. The City also enrolled Buck Gully Reserve into the Central Coastal Orange County Natural Communities Conservation Plan (NCCP) and permit (approved in 1996), to which the City is a signatory and permit holder. The NCCP and associated permit, which the City has committed to uphold, establishes protection policies and procedures that ensure natural resources and rare species are protected in balance with development and public access. Furthermore, the NCCP permit creates a protection and management structure for the City to preserve a wide range of species and natural communities. These overlays and policies include Recreation and Resource Management Plans (RRMPs) and other applicable City land use, entitlement and regulatory provisions. These plans also enable public access, enjoyment, learning, appreciation, and passive recreational use of these lands as essential program components on the land. All authorized activities within the Buck Gully Reserve shall be conducted in a manner compliant with the Recreation and Resource Management Plan (RRMP), the City's General Plan, deed restrictions, City policies, and Codes and Ordinances of the City. For a comprehensive review of plan elements, ordinances, and policies that are applicable to natural resource and recreation management in Buck Gully, please see the Historical Overview/Relationship to Other Plans Section (sec 1.3) of the Buck Gully Resource and Recreation Management Plan. The following operational policies will serve as general guidelines to both City and Conservancy staff in management of programs and facilities on the Buck Gully Reserve. These guidelines may be refined, modified and expanded by the City or Conservancy as needed or appropriate, upon consultation and review of both parties and written approval of the Recreation and Senior Services Director. More specific activities, expectations, responsibilities and measurable deliverables for the various elements of the Operations Plan are found in later Sections. Proposal for Management Servlces foe the City of Newport each Buck Gully Reserve DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91BCFB GENERAL PLAN The Natural Resources Element of the City's General Plan has adopted the following policies that are applicable to resource management within Buck Gully Reserve: Goal NR 10, Protection of sensitive and rare terrestrial and marine resources from urban development. Policy NR 10.8, Standards for Buck Gully and Morning Canyon - Prepare natural habitat protection regulations for Buck Gully and Morning Canyon for the purpose of providing standards to ensure both the protection of the natural habitats in these areas and of private property rights. Include standards for the placement of structures, native vegetation/fuel modification buffers, and erosion and sedimentation control structures. (Imp 2.1, 6.1) Policy NR 23.6, Canyon Development Standards - Establish canyon development setbacks based on the predominant line of existing development for Buck Gully and Morning Canyon. Do not permit development to extend beyond the predominant line of existing development by establishing a development stringline where a line is drawn between nearest adjacent corners of existing structures on either side of the subject property. Establish development stringlines for principle structures and accessory improvements. (Imp 2.1, 6.1) HEADQUARTERS AND OFFICES The Conservancy maintains Operations Headquarters for the management of the Buck Gully Reserve at its main offices, currently at 4727 Portola Parkway in Irvine. These offices may be relocated at a future date by Conservancy with 90 days' prior notice to the City, in writing to the Recreation and Senior Services Director. The Conservancy may maintain temporary field facilities and storage or satellite offices at its discretion. STAFFING The Conservancy will assign an operations management team and associated field staff at its sole discretion sufficient to satisfy the requirements of the Operations Plan, including but not limited to a Community Programs Director and staff, Science & Stewardship Director and staff, and Field Operations Director and staff. The Conservancy shall allocate additional staff at its discretion to complete the requirements of the Operations Plan. The Conservancy allocates staff resources across the breadth of its management partnerships so while the annual management fee funds an appropriate number of staff, in reality the Conservancy may assign portions of time of many more individuals. This has the significant advantage of allowing the Conservancy to consistently deliver the highest and best skills from its entire team to each task under the Land Management Operations Plan and provides the City access to the Conservancy's entire highly experienced team. 13 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB918CFB The Conservancy will designate its Deputy Director as manager of implementation of the Operations Plan and primary liaison with City staff. In the absence of a Deputy Director, the Conservancy's Executive Director will serve as manager. Staff anticipated to be allocated to the Operations Plan is further identified in the Experience & Qualifications section of this proposal. City will designate its Recreation and Senior Services Director as the direct supervisor of Conservancy activities under the Operations Plan. The Recreation and Senior Services Director may engage or delegate to additional City staff at his/her discretion to assist the Conservancy with public programs, resource management and preserve operations as deemed necessary by the City, however all relevant policy and operational decisions under the Plan requiring City input will be made by the Director. City will also provide staffing and engagement of a Park Patrol function through its Public Safety Department sufficient to maintain safe and appropriate use of trails and facilities and to enforce City ordinances and codes. Park Patrol officers will have authority to issue citations under the City of Newport Beach Municipal Code as necessary to maintain appropriate use of the Reserve. See Section E of this Operations Plan for further discussion of the Park Patrol. HOURS OF OPERATION In general, authorized activities on the Buck Gully Reserve will be scheduled between dawn and dusk (actual hours vary depending on season). The Conservancy will assist the City in coordinating opening and closing hours of the Reserve with adjacent open space landowners in an effort to maintain consistency among management areas for visitors. Activities conducted after dusk may be permitted or scheduled upon consultation and recommendation by the Conservancy and approval of the City, but in general are to be limited to minimize impacts to nocturnal wildlife. Included are programs such as full -moon hikes, astronomy programs, and after -dark scientific field or public educational studies and programs. MAINTENANCE RESPONSIBILITIES Major maintenance activities of the City and its Public Works Department and the Conservancy will be coordinated in advance to minimize conflict and interruption of services and operations of the Reserve. When either party identifies planned maintenance activities in the Reserve, it will inform the other as soon as possible via email or voicemail. Each party will attempt to provide notification a minimum of two weeks in advance, depending upon its receipt of notification of the activities. Major maintenance activities include those of City Public Works or other departments, CalTrans, Orange County Fire Authority, Irvine Ranch Water District, and Southern California Edison. 14 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB Facilities and Reserve infrastructure, including gates, signs and trails, will be maintained and repaired as needed. These routine maintenance activities and related services are the responsibility of the Conservancy under Core Management Services, and are delineated in Section E: Planning, Infrastructure and Operations. The Conservancy will also provide consultation and recommendations on development of new facilities, fencing, gates, trails, roads and staging areas. This consultation service will include evaluation of the new project as part of the City's long-term adaptive management program, consistency with approved RRMPs and compliance with other deed restrictions. After the Conservancy makes a recommendation on the implementation of these new projects, the City, at its discretion, would review the recommendation and authorize additional funding if necessary. PUBLIC ACCESS All public access in the Buck Gully Reserve is to be managed by the Conservancy on behalf of the City, consistent with applicable RRMPs, established carrying capacities, ordinances, and other terms and conditions on the land. This includes scheduled docent -led access, self - guided access on trails designated as open daily for such use, and permit -approved passive recreational events on authorized trails. TEMPORARY CLOSURE AND OPENING OF TRAILS OR RESERVE AREAS Cancellation of public programs and temporary closure of access to trails and roads will occur consistent with the applicable RRMPs, NCCP terms and conditions, and other deed restrictions and in connection with significant events, including but not limited to: National Weather Service Red Flag Warnings (or other high wind/high fire -risk periods); active fire; wet or muddy conditions; earthquake; damage due to inappropriate or unauthorized use; or any other event deemed a threat to the Buck Gully Reserve or public safety. The Conservancy will be responsible for monitoring conditions in the Buck Gully Reserve, facilities and trails, and will use its best judgment, experience, and knowledge of Best Management Practices to determine when the Reserve or parts of the Reserve should be temporarily closed (including consideration of whether adjacent open space areas are closed or open). Additionally, the City of Newport Beach Fire Chief shall determine and publicly announce when Local Agency Very High Fire Hazard Severity Zones shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of Local Agency Very High Fire Hazard Severity Zones, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the Local Agency Very High Fire Hazard Severity Zone is closed to entry, is prohibited. The Conservancy will immediately inform the designated City staff, and the Park Patrol via email or text message of the need to temporarily close and re -opening certain areas. The City Public Safety Department and Park Patrol may also initiate closure of the Buck Gully Docu Sign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB Reserve or facilities for: police investigations; search and rescue; and other special events related to public safety. The City's responsibilities regarding temporary closure and re -opening of trails and/or facilities includes deploying City staff to close or re -open the trailheads, placing/removing temporary closure barriers at trail entrances located at 5th and Poppy Avenues, along San Joaquin Hills Road and any other mutually agreed upon access locations, and assisting the Conservancy in executing the temporary closure when needed and requested. The Conservancy will supply temporary closure signs/barriers to be used by Park Patrol staff during temporary closures. Public programs led by the Conservancy that are cancelled due to trail conditions will have a cancellation notice posted with the activity on the website (see Communications Section for discussion of the website) and also emailed to all registered participants. The City is responsible for enforcing the terms and conditions of each temporary closure through its Park Patrol and Public Safety personnel. PERMITTED PASSIVE RECREATIONAL USES According to the NCCP permit, the Buck Gully Reserve Resource & Recreation Management plan (RRMP), and other deed restrictions, only passive recreational uses are permitted within the Buck Gully Reserve. Passive recreational uses may only occur on designated trails/roads, including single track, utility roads and paved limited -use roads. Designated trails are those that have been approved in the RRMP and signed for public use; casual, unsigned or other "social" trails are not authorized and not approved for public access. Approved passive recreational uses as identified in the RRMPs include: • Hiking; • Mountain Biking; • Educational programs and other tours consistent with the RRMP. TRAI LH EADS Managed access to authorized trails of the Buck Gully Reserve will be primarily through designated trailheads at 5th & Poppy Avenues, San Joaquin Hills Rd & Buck Gully trail and San Joaquin Hills Road & Bobcat Trail. Each trailhead includes a kiosk with a Reserve map and regulatory and interpretive information, as well as a vehicle gate and/or entry portal. Trailheads do not include space for visitor parking. Visitors may park at Canyon View Park located on San Joaquin Hills Road, where street parking is permitted on nearby streets, at the Oasis Senior Center or Newport Coast Community Center. The Conservancy will support a "pack -it -in, carry -it -out" policy within the Reserve. No trash containers will be provided in the Reserve to minimize impact on or disturbance to wildlife. Improvements to existing or new trailheads approved and funded by City or third parties may be implemented by the Conservancy on behalf of the City consistent with approved RRMPs. •sFan16 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91BCFB OTHER PERMITTED USES Consistent with approved RRMP, the Conservancy will allow and manage the following other permitted uses in the Reserve: • Restoration and re -vegetation of degraded areas with native species; • Removal of invasive and exotic plants and animals; • Scientific research (subject to approved research permits); • Resource surveys and monitoring; • Volunteer stewardship programs. In addition, uses associated with ongoing maintenance and operations of certain existing infrastructure facilities will be permitted consistent with the NCCP and in accordance with applicable RRMPs and other restrictions, terms and conditions. These include, but are not limited to the following: • Public roads; • Sewers/storm drain/water/gas utility lines and related easements; • Communication/electrical transmission lines, towers, poles and easements; • Regulatory/informational signage; • Public safety activities (fire, police and sheriff). ACCESS NOTIFCATION OF SUBCONTRACTORS Under this plan, IRC will continue to employ specialized subcontractors to help deliver certain management services (e.g. targeted invasive control and sensitive bird species monitoring). If and when subcontractors are working in Buck Gully independent of Conservancy staff, IRC will notify the Senior Services Director or other appropriate City staff person in advance of their scheduled work. The name of the contractor(s), the date(s) and time(s) of their access, and a description of their general work activities will be included in the notification to the City. PROHIBITED USES AND ACTIVITIES Any activities or uses prohibited by the Central Coastal NCCP and RRMP or the City's General Plan shall be prohibited within the Buck Gully Reserve. The City will be responsible for responding to and enforcing such prohibitions, The Conservancy will monitor the Reserve for authorized and prohibited activities using remote sensing equipment (trail counters and cameras) as needed and deliver the information from such monitoring upon request to the City's Park Patrol to assist in its duties. MOTORIZED VEHICLES Operation of motorized vehicles is prohibited, except those authorized to access the Reserve for purposes of management and maintenance, to provide police, fire and paramedic services, or by special permit, lease or easement. Use of electric motorized wheelchairs or other power -driven mobility vehicles may be permitted consistent with the Americans with Disabilities Act (ADA). 17 DocuSign Envelope ID. 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB DOMESTIC ANIMALS As established in the RRMP, domestic animals are prohibited at all times within the Reserve, except for trained and identified service animals. Leashed dogs are, however, permitted on the paved entrance to the trailhead at 5th and Poppy Avenues. Non -service dogs are prohibited beyond the paved entranceway. LAW AND ORDINANCE ENFORCEMENT All applicable local, state and federal laws and/or ordinances pertaining to the protection and use of lands, activities, and natural resources within the Reserve, whether originating at the local, regional, state or federal level, will be in effect and enforced. Park Patrol officers will enforce, through the issuance of citations, the Parks Facilities & Beaches Ordinances of the Newport Beach Municipal Code. Park Patrol officers will coordinate and cooperate with federal, state and other local agencies, and Newport Beach Police Department officers, as necessary on enforcement of other applicable laws and/or ordinances. Conservancy staff and volunteers are not authorized to enforce regulations, ordinances or laws on the Reserve. The primary duty of Conservancy staff and volunteers is to educate the public about these issues, provide information to the public as appropriate, and report any observed or suspected violations to the Park Patrol in any non -emergency situation, or to call 911 and request help/assistance in any emergency situation (see below). EMERGENCY PROCEDURES Emergency procedures (e.g., police, fire and paramedic response, etc.) will be established and coordinated by the jurisdictional public safety department in cooperation with appropriate agencies. The Conservancy will assist in the development and implementation of these procedures as requested or necessary. The Conservancy will provide an Emergency Access Map (see next page) to all emergency service personnel and management staff to facilitate emergency response. VEHICLES FOR MANAGEMENT AND OPERATIONS PLAN Vehicles for use by City staff, or for Park Patrol activities, will be provided by City as needed. Vehicles for use by Conservancy staff and volunteers, for the services and activities described in this Operations Plan, are fully funded through the Management Fee unless otherwise noted. The Conservancy will be responsible for procuring, maintaining and repairing at its discretion all vehicles associated with the Conservancy's activities under the Operations Plan. The Conservancy may depreciate such vehicles as part of its budgeting to account for replacement needs over the life of the Operations Plan and Management Agreement. The Conservancy will place non -permanent identification marks or other signs on vehicles and equipment identifying the Conservancy while on Reserve Lands. Conservancy is responsible for providing its own insurance, maintenance, fuel, and all other • 18 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB costs and coverage associated with vehicles under the Operations Plan and assumes all responsibility for violations or accidents related to operating such vehicles. EQUIPMENT AND SUPPLIES Unless noted otherwise in this Operations Plan, all equipment and supplies deemed necessary for use by Conservancy staff and volunteers will be purchased by Conservancy at its discretion and funded by the annual Management Fee. The Conservancy will purchase standard and specialty building materials at its discretion for authorized activities within the scope of services included in the annual Management Fee and using the Conservancy's internal policies and controls for purchasing and subcontracting. As a matter of practice, the Conservancy makes every reasonable attempt to economize by sharing the cost of tools, equipment and supplies among its landowner partners. The Conservancy may depreciate equipment as allowable and appropriate as part of its annual budgeting to account for replacement needs over the life of the Operations Plan. ar;anl9 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB DUSIGNEO APO MIIODOC CO BY. 'Pr ti6,.,,,-, nr DAtA SOORce: tr.. bee, .om.r....a. ..ni... tD.f,,•A<,. • 'II,. ar,. -e.e w.r rt., rw•., M..r I • We.... wu :rcw.>1... s...n, Pk.. T.Y.• ,,taa, <u.mra,.v map, Osetyrniehr. re .up :. . ,rya.Y, Or,pp. ,.n......u./. to el. N..tcr. raw I. I ,...... wan eyuy...f r+[I, G.•.m+.n .aN..m W..N. Ind, a, • ...V„ nNTarc ...,I,...,..._ I,.l!- 1.1ttw.1 O. IDIS e Existing Gates Trail Type e Future Gates Single Track Trail t Fire Station - Two Track Trail [] Staging Area - Paved gs, Helicopter Landing - Utility Q Management Units Outside Irvine Ranch ^'- • WI X 1 Fire District Grid Transmission Lines IY 1Z, 0 325 650 1,300 Feet 1 1 1 t l Emergency Access Map for Buck Gully Buck Gully Emergency Access Map NB Police (949) 644-3681 tsV 4F. RANCH SONS Ca SAN55 20 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB CAPITAL IMPROVEMENTS All new capital improvement projects in the Reserve that are beyond the routine activities and projects described in this Operations Plan are the responsibility of the City and the capital costs of these projects are not included in the Management Fee and Cost Proposal. If the City wishes to have the Conservancy manage, oversee, implement or consult on these projects, the Conservancy will perform this work under Extra Work Services and subject to the Schedule of Rates and Expenses in Section F. Any projects to be implemented by the Conservancy that are considered by the City to be public works will comply with City procurement policies. More discussion of routine activities and projects and the Conservancy's regular responsibilities can be found in Section E. .'2r = ..,.; ce, art,; s F.�n 21 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB A/B. COMMUNITY PROGRAMS AND VISITOR SERVICES OVERVIEW The shared Vision of the City of Newport Beach and Irvine Ranch Conservancy is to protect the natural resources of the Buck Gully Reserve for future generations while encouraging people to connect to them and enjoy them in appropriate ways. To implement this Vision, the Conservancy works with the City and other partners on innovative programs that respond to public interest in experiencing the open space and that are firmly grounded in science and adaptive management. Together, through collaborative projects and strategic programs, substantial and regular compatible access can be offered to the public while protecting the resources of the Reserve in perpetuity. The City and Conservancy also affirm and acknowledge that the City is a signatory to a long- term regional preservation agreement and associated development permit on most of the Buck Gully Reserve. As a permit holder, the City is obligated to uphold specific terms and conditions regarding public access and resource preservation. This permit, the Orange County Central Coastal Sub -region Natural Communities Conservation Plan (NCCP) and its associated Recreation and Resource Management Plan (RRMP) has identified approved public access configurations, infrastructure, maintenance, and policies in the Reserve. It is a primary objective of this Operations Plan for the Conservancy to help the City remain in compliance with its obligations under the NCCP permit while maximizing the opportunities for Newport Beach residents and others to experience these spectacular lands. To implement effective adaptive management strategies and to ensure sustainability of protected resources over time, as well as to offset or minimize other potentially adverse impacts of use, the Conservancy will implement a Public Access Program that actively and dynamically balances recreational use of the Reserve through such techniques as rotating areas visited, varying program types and by monitoring the human impacts of self -guided, daily access. Implemented strategically over the long-term, such a Program can provide fulfilling and frequent recreational experiences for the public while ensuring healthy and resilient ecosystems and habitats. The Conservancy will provide for regular and frequent passive recreational use and enjoyment of the Reserve by the public consistent with the preservation of its natural resources and characteristics. The following uses are permitted and will be offered: • Passive, nature -oriented recreation activities, such as hiking, interpretive walks, mountain biking, wildlife viewing, photography, painting, etc.; • Community involved stewardship, resource management and enhancement projects, including vegetation management, invasive species control, habitat restoration, resource and public access monitoring, scientific research, fire prevention and educational programs involving the study of nature, ecology, earth sciences, or other appropriate subjects; • Community involved maintenance and operation of authorized trails and infrastructure facilities. The RRMP identifies levels of authorized public access in the Reserve, providing seven-day �r:-.'r. ,;;a; .:•: :: ; 22 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCF B self -guided access on authorized trails. In addition, docent -led programs are expected to occur as part of a coordinated public access program among the Reserve and other adjacent natural areas and with appropriate monitoring. The Conservancy will manage public access at higher or lower levels of intensity and frequency depending on a number of important factors, including season, location, timing, type, fire risk, and relationship to adjacent areas. The goal is to provide an overall program of regular public access in a manner that is consistent with current levels of public uses and that considers and ensures the long-term protection of species, habitats, and natural resources. PUBLIC AND INTERPRETIVE PROGRAMS The Conservancy will establish and conduct frequent public access tours throughout the Buck Gully Reserve and other managed lands as they are identified. All public access tours will be consistent with policies contained in the RRMP for the NCCP land. Guided passive public activities may include hiking, cardio hiking, trail running, fitness, biking, interpretive or educational, public trail work, public habitat stewardship, fire prevention and Citizen Science projects. The Conservancy will provide annually a minimum of 12 (average 1 per month) guided programs originating in the Buck Gully Reserve. The mix of programs offered will be designed in part on research and post -activity participant surveys conducted by the Conservancy and intended to better serve a wide variety of public participants and interests as well as expand the breadth of community connections to the land. The Conservancy will determine the number and character of programs offered based on its experience, existing conditions in the Reserve, and other Best Management Practices. Tours funded by the Management Fee will be offered free of charge, with the rare exception of specialized tours that may be offered with associated unique costs (such as equipment or specialized instruction). Tours will primarily be offered for open registration by the public. In limited cases, special tours for organized groups (such as affiliated with schools, churches, corporate partnerships, government organizations or community organizations) will be offered with restricted registration. All participants on guided programs conducted by the Conservancy and volunteers will be required to sign a Release of Liability Waiver identifying at minimum the City of Newport Beach and the Irvine Ranch Conservancy. As landowner, the City assumes all liability for daily public self -guided activities in the Reserve. In some cases, scheduled activities may visit adjacent open space areas including other City facilities as well as County, state and federally -owned open space lands. The Conservancy will at all times maintain authorization from adjacent property owners to enter their land. The Conservancy will establish the type, location, time of year, duration, and date, time of day and number of participants for each activity. The Conservancy will coordinate these activities with scheduled use of City facilities at Oasis Senior Center and Newport Coast Community Center to not conflict with City Recreation and Senior Services Department program operations. Because the majority of the offered activities will be outdoors and are subject to varying conditions, the Conservancy will exercise its own judgment and discretion regarding cancellation, postponement or other adjustments to the tour schedule based on, 23 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB among other things, weather, trail conditions, fire danger, levels of recurring unauthorized use or habitat damage, the results of monitoring activities, and special or seasonal circumstances regarding sensitive natural resources (such as nesting bird locations). The Conservancy will consult with the City Recreation and Senior Services Department to determine alternative public activity and attendance measurable program goals in the event of large-scale or long-term closures due to unforeseen circumstances including but not limited to catastrophic wildfire, severe wet and muddy conditions from rainfall or flooding, erosion damage, or damage caused by unauthorized use. The Conservancy has created and established methodologies to regularly evaluate the success and effectiveness of all the community programs it offers with all its partners. This ongoing process includes surveys of participants as well as expert evaluations of programs to facilitate continual improvement to achieve the goals of the City and the needs of the public. Evaluation criteria include the days of the week that programs are offered (in relation to attendance), time of day, location, potential audiences, frequency, subject content, physical difficulty and average attendance. This regular process also allows the Conservancy to optimize the breadth of available activities based on public demand. Further, the Conservancy's program evaluation process accommodates consideration of potential new activities proposed by the public, volunteers or staff. For example, a program proposed by a volunteer or member of the public that is not in a location, time or day that best serves public needs would not be a good candidate for implementation. The Conservancy will share both its evaluation methods and results with the City upon request. All guided public activities will be led by either paid Conservancy staff or IRC-Certified Volunteers (see discussion of qualifications below). Conservancy staff Interpretive Specialists will maintain, at minimum, a Certified Interpretive Guide (CIG) status and at least one staff member will maintain a Certified Interpretive Trainer (CIT) certification through the National Association for Interpretation (NAI) throughout the period of this Operations Plan. Currently, Conservancy Interpretive Specialists maintain Certified Interpretive Guide (CIG), Certified Interpretive Trainer (CIT) and Certified Interpretive Planner (CIP) certifications. All other Conservancy staff who will lead activities for the public will be required to meet minimum training standards consistent with the Conservancy's high standards for regular volunteers leading the public. The City will allow the Conservancy to maintain temporary field storage in the Buck Gully Reserve (an existing arrangement) to support Community Programs and other management. Additionally, the City will permit Conservancy staff and supervised volunteers to use the facilities at Oasis Senior Center and Newport Coast Community Center in coordination with City staff on a temporary basis as needed to support field programs. The Conservancy will conduct all activities in coordination with City staff at these facilities and will not engage in any activities that disrupt or conflict with City operations. The use of spaces requested above would be at the discretion of the City. Use of these spaces does not represent a cost savings to the Conservancy, and would be provided as a convenient means to support and expand the City's programs implemented by the Conservancy on the City's 24 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB land. Likewise, should the City decline to make these spaces available, it will not affect the cost of delivering these services. SPECIAL EVENTS Guided activities, special events, and seven-day access opportunities create a wide variety of ways for the community to connect to the Buck Gully Reserve. The Conservancy will coordinate with the City regarding special events to ensure consistency with the management plan for Buck Gully and this Operations Plan. Through the terms of this Operations Plan, the Conservancy is able to apply a long-term adaptive management approach to these activities and ensure the City remains in compliance with the NCCP, RRMP and other preservation documents. The ultimate goal of the Public Access Program is to provide meaningful and regular public access balanced with long-term preservation of sensitive natural resources for future generations. COMMUNITY STEWARDSHIP AND INVOLVEMENT Other than by recreation, the most often -requested way the Newport Beach community desires to connect to the Reserve is through land stewardship activities. These Community Stewardships allow residents to both enjoy and experience the land and assist in managing natural resources by performing such activities as weed removal, planting native plants, and trail maintenance. Pease see the Community Stewardship section of Natural Resources Management & Monitoring (Section D) for a more complete description of stewardship activities and the number planned under the contract. Examples of additional activities which the Conservancy may engage in to further promote public and interpretive programs, community stewardship and overall participation may include but are not limited to: • Additional audio cell phone tour stops at different areas of the Reserve. The tour stops provide users audible information through their personal cell phones and highlight key natural and cultural features of the Reserve; • Development of a mobile application with information and program schedules for the Reserve. The Conservancy shall use its expertise and best professional judgment to determine when these additions( activities are implemented, and discuss potential implementation dates with the City. Any community stewardship and related public involvement activities, such as the examples above, deemed to be appropriate by the Conservancy would be implemented and included in the Management Fee and are not considered Extra Work Services. REGISTRATION AND ATTENDANCE MANAGEMENT On behalf of a broad management partnership including the City of Newport Beach, the City of Irvine, the County of Orange, Crystal Cove State Park and others, the Conservancy manages the website www.LetsGoOutside.org. This website promotes public access activities in the Buck Gully Reserve and Irvine Ranch Natural Landmarks, manages public program registration, manages volunteer assignments, obtains public participant feedback, !::;:r25 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB and creates automated reporting functions for programs and activities. Through their land management partnerships with the Conservancy, these organizations share the cost of the site and leverage one another's contributions on behalf of the public and the land. The Conservancy uses this website to facilitate all the public programs and volunteer management activities under this Operations Plan. There has been steady growth in public use of the website, an increase in public registration and attendance, and an increase in volunteer management and reporting usage. There are more than 12,000 participants registered on the LetsGoOutside.org website, and the site receives more than 96,000 page views per month. Due to increased public traffic and a desire for one -stop outdoor activity listings, there has also been a significant increase in partner organizations posting public activities and programs, including the Back Bay Science Center facility at Shelimaker Island, which operates within City of Newport Beach boundaries. In 2013, the website was upgraded to include newer technology and improved database management, simpler listing of program offerings, improved registration, improved volunteer management (including management and deployment of Fire Watch), visitor research components, and better tracking of visitor feedback. This resource is in place and operating currently to support the activities under the Operations Plan. The upgraded website is also programmed to allow easier integration of changes and upgrades, more cost-effective maintenance by staff rather than programmers, and anticipates the addition of mobile technology into volunteer recruitment, training, management, scheduling and deployment over time. As the partnerships progress in Orange County between the different open space land owners and supporting non-profit organizations, the site will have the ability to add modules for needs such as branded portals for other non-profit organizations to access resources specific to their organization, as long as their organization covered the costs of those additions. Because the cost of maintaining the website is shared among the Conservancy's landowner partners, the City will be able to take advantage of the entire usage and functionality of the site under this proposal while only contributing a portion of the cost of its maintenance. A proportional share of the cost of design, maintenance and operation of the website is outlined in Section C. Public Registration for Programs The registration system the Conservancy maintains on behalf of the City allows the public to easily find and sign up for offered activities online. Once an individual completes registration for an activity, they receive an automated confirmation e-mail with a map to the location and additional instructions specific to the program they have signed up for (clothing, trail conditions, etc.). The registered individual's information is also auto -populated into a Release of Liability Waiver that the volunteer or staff member leading the activity can print in advance of the activity. The pre-printed document is used both as the sign -in sheet and the Release of Liability Waiver, streamlining the sign -in process and allowing minimal time before the event can depart. Information is collected and utilized in accordance with the City of Newport Beach Personal Information Privacy Act. After the activity, the activity leader returns to the website to fill out an online post -program >.t.. •26 DocuSign Envelope ID: 1EA991 EF-6C53-49EA-833F-5EAFCB91BCFB report form. This form confirms each participant's attendance in the database, confirms the trail routes taken for the activity, provides other program support information, and generates a public survey that is e-mailed to each participant for feedback on their experience. The leader follows up by submitting the hard copy of the signed waiver, which is verified and filed by the Conservancy's Community Programs staff. After this step is completed, the program is closed and archived in the activity database. All future reports and data on the program can be drawn from the database generated by the website. Website functionality includes activity reports that are used to provide quarterly attendance reports, volunteer service hours, numbers of volunteers, number of programs and other information to the City and for NCCP reporting. The Conservancy will report on public programs activities quarterly as outlined in the attached Cost Proposal. The Conservancy will also distribute an electronic survey to each participant following public programs in order to gather information to help refine and improve program offerings. The Conservancy will design the survey questions to obtain information about leader performance, program content, participant preferences, and other relevant information to assist in continual improvement of program offerings. This information will also be used together with the evaluation methods described previously in this section to continually optimize programs. Post -program survey data will be provided to City of Newport Beach on an annual basis and upon specific request by the City of Newport Beach Recreation and Senior Services Department. Post -program survey data will not be part of quarterly reporting. The post - program report also feeds into a long-term research program that correlates human access and wildlife movement in the Buck Gully Reserve to help the Conservancy make and recommend Adaptive Management decisions regarding natural resources. All public programs managed by the Conservancy in the Buck Gully Reserve under this Operations Plan will be identified on www.LetsGoOutside.org as City of Newport Beach programs, including City branding marks such as logos and descriptions. The Conservancy will also include its identity marks when appropriate, such as to convey that the program is led by volunteers trained and certified by the Conservancy in partnership with City of Newport Beach. The volunteers leading the programs will be identified as City of Newport Beach volunteers trained and managed by Irvine Ranch Conservancy through marks on uniforms and other gear. Conservancy staff leading programs will be co -branded as City of Newport Beach and Conservancy. City of Newport Beach branding (as set forth by the City's Public Information Office brand guidelines documentation) will also be used in all supporting public program printed materials and other media, and all introductions by activity leaders will include messaging about City of Newport Beach's ownership of the land and the City's partnership with the Conservancy. VOLUNTEER TRAINING, MANAGEMENT AND DEPLOYMENT Since 2005, Irvine Ranch Conservancy has grown the IRC-Certified Volunteer corps from eight people to more than 250, who regularly contributes time and service on the land. Over the past few years, these volunteers consistently donate around 7,000 hours of effort annually, and they deliver hundreds of programs to the public on behalf of the Conservancy and its partners. The Conservancy has developed a widely recognized and respected .•a b> . P,an 27 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB volunteer training, management and deployment program that ensures the best opportunities are available to both the volunteers and the public. Under this Operations Plan, the Conservancy will maintain an active group of Regular Volunteers of at least 250, some of which will be capable of delivering service in the Reserve. These volunteers are trained centrally by the Conservancy on behalf of its landowner partners, which means that many of the costs of the volunteer program are shared and leveraged. Conservancy -managed volunteers lead public recreation programs, perform trail monitoring, maintenance and construction, habitat monitoring and restoration, Fire Watch, wildlife monitoring, and support many special events associated with the Landmarks each year. For the purposes of this Operations Plan and its implementation, "Regular Volunteers" are volunteers who undergo general and/or specialized training and regularly participate in volunteer activities. In contrast, "Single -day or One-time Volunteers" are members of the public who register and participate in scheduled public volunteer events such as stewardship days, but do not receive advanced training or contribute regularly. IRC-Certified Volunteers may lead activities in place of Conservancy staff and may also supervise Single - day Volunteers on scheduled programs. Conservancy -managed Regular Volunteers contributed more than 2,000 hours to the City of Newport Beach Buck Gully Reserve this year alone. With the value of volunteer time currently established at $22.55 an hour (according to Independent Sector, a nationwide volunteer leadership network), Regular Volunteer contributions alone are worth approximately $45,000 annually. Volunteer support of the City's Reserve creates a core constituency in the community for the land, creates enthusiasm for the entire Reserve and the Irvine Ranch Natural Landmarks, and connects members of the general public to the land in vastly greater numbers than staff alone. Volunteers remain active with the Conservancy for very long tenures, and nearly all are capable of using advanced technology, completing rigorous training requirements, and contributing regular service hours. Volunteer Administrative Services As part of the Operations Plan, the City acknowledges that maintaining an active volunteer group of several hundred individuals requires, among other things, annual recruitment to replace volunteers who discontinue service. It also demands thorough initial and in-service training to keep current, renew cyclical certifications such as CPR and First Aid, and to remain able to respond to unexpected events, emerging knowledge, and emergency situations on the land. Finally, professional outfitting of volunteers contributes to pride in their service, demonstrates high standards of performance and quality, dramatically enhances credibility with the public, visually delineates training levels and confirmation of current/renewed status, and serves as a reward for their contributions. Each of these elements is important to the Conservancy's successful and effective volunteer program. Volunteer Training and Management The Conservancy's comprehensive volunteer training program and approach to management results in volunteers who are loyal, engaged, fulfilled, and effective in caring for the land. This encourages visitors to care for and enjoy the land appropriately as well. Conservancy -managed and certified volunteers represent landowner partners such as the City of Newport Beach in both word and action, providing visitors with outstanding experiences on the land and an understanding of the land's ownership and their personal 28 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB role in supporting its stewardship. The Conservancy has pioneered a wide variety of innovative volunteer management practices including online training modules, web -based deployment and reporting, diversification of volunteer roles and responsibilities, and performance standards. Volunteers trained and managed by the Conservancy exemplify the standards of excellence of the City of Newport Beach and are recognized for it. Under this Operations Plan, the Conservancy will provide two core volunteer management activities to the City: 1) Comprehensive management of the volunteer program within the City of Newport Beach Buck Gully Reserve; and 2) Management of the City of Newport Beach Buck Gully Reserve component of the OC Fire Watch Network. To deliver these activities, the Conservancy's Volunteer Training and Management Program (Volunteer Program) will contain the following elements, detailed further below: • Standards of Training, Conduct and Service - standards allow measurement of performance and operation of the highest quality program, and also ensure delivery of experiences to the public that meet the same expectations as professional staff; • Diverse Volunteer Job Descriptions - providing the maximum opportunity for volunteers to contribute meaningfully based on their interests, expertise and experience. The Conservancy will ensure that the Volunteer Program maintains the following throughout the term of the Operations Plan: • Compliance requirements, including a background check upon joining, signing a Confidentiality Agreement, and an annual Volunteer Liability Waiver and Release that names the City of Newport Beach and the Conservancy among its beneficiaries; • General and specialized trainings that fully qualify volunteers to work on City of Newport Beach Reserve lands and are consistent with the requirements of other adjacent landowners. This enables volunteers to contribute more broadly and for volunteers trained under other partnerships to be automatically qualified to serve in Newport Beach; • A volunteer application and introductory activities to optimize the impact of individual volunteer action and build commitment to a shared vision and mission; • Volunteer positions and opportunities designed to develop and match volunteer talents, motivations, time availability, and differing contributions with satisfying opportunities throughout the Reserve, while ensuring the safety and security of volunteers; '.Fn...,' ,.. ,, ....1: ir:,•.•......o .in 29 Docusign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB • An orientation that establishes volunteer policies, procedures, safety standards, emergency protocol, program guidelines, roles and responsibilities, public interaction guidelines, web systems interface, and a sense of community with City of Newport Beach staff and park patrol officers, Landmarks partners, and Conservancy staff; • Ongoing training standards and opportunities to keep volunteer skills current, including: offering adult and child CPR, AED and First Aid certification with a Delayed Response module, natural history knowledge and field skills, leadership and group management skills, and necessary equipment training; • Regular communication with volunteers through, among other means, a newsletter, personal contact, electronic and printed updates, and a dedicated volunteer resources library online; • Recognition of volunteer efforts through awards, ongoing recognition opportunities, and a minimum of two (2) volunteer events per year. Events may be in cooperation with adjacent open space land owners and the costs shared proportionally among land owners for volunteers working on their managed lands. The Conservancy will maintain the following services as part of its Volunteer Program under the Operations Plan: • An electronic system for recruiting, organizing, scheduling, and record -keeping for all Regular and Single -day volunteers; A baseline number of active Regular volunteers will be established with reporting of changes over time; • Web -based and electronic communication with volunteers that includes regular contact, promotes opportunities for volunteerism, opportunities for specialty seminars and interaction with Conservancy and other staff, as well as recognition for service; • Background checks for volunteers; the Conservancy will use the nationwide-TLC2 Program in cooperation with other landowner partners as its preferred method ; • Consultation and advice to Park Patrol officers and others including the City's CERT Program, Recreation and Senior Services staff and other support groups on training and Conservancy certification standards, use of the web -based system to engage and manage volunteers, and tools for volunteer performance evaluation/feedback; • An electronic system for the record -keeping of post -activity reports and activity trail usage with hard copy storage of the activity waiver for each program; both available to City staff by request; • Training and coordination of the Fire Watch Program and volunteers with Park Patrol officers, CERT leadership, and Recreation and Senior Services staff. The Volunteer Program will: • Allow volunteers under Conservancy management, and for Conservancy related activity, to access the Buck Gully Reserve lands only with the permission of the 30 DocuSign E nvelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB • Establish clear identification and branding of volunteers as City of Newport Beach volunteers managed by the Conservancy through (among other means) personal identification badges, uniform clothing, equipment, collateral materials and other identifying marks; • Implement other volunteer standards and criteria approved by City of Newport Beach; any additional standards or trainings requested or required by City of Newport Beach beyond those indentified here and which require additional costs to fulfill (e.g., non- standard background checks or health verifications) are not included in the Operations Plan and Cost Proposal and shall be included and payable as reimbursable costs, identified separately on quarterly invoices. Categories of Volunteers and Training Requirements The Volunteer Program will contain a diversity of job categories and consistent, high standards for volunteer training, service and management with the goal of providing a fulfilling and engaging experience for volunteers and maximizing their participation on the Buck Gully Reserve. The Program will include a minimum of nine (9) types of Regular Volunteer opportunities as outlined below. This includes three (3) types of IRC-Certified Volunteers — Docents, Lead Land Stewards, and Trail Boss Leads — who will be qualified to lead both Regular Volunteers and the public without staff supervision. Other job categories or duties may be added based on interest and as mutually agreed by City of Newport Beach and the Conservancy. The Volunteer Program will ensure that volunteers maintain high standards of training, performance, and responsibility at all times. This includes wearing a uniform while performing duties on the land and representing City of Newport Beach and the Conservancy. On behalf of the City, the Conservancy will acquire uniforms that clearly identify affiliation with City of Newport Beach and standards of training and certification and will manage their distribution to volunteers. The Conservancy will use reasonable means to reduce costs for volunteer outfitting by among other things creating an efficient ordering and distribution system, purchasing durable materials that do not require frequent replacement, and combining uniform elements and equipment with other landowner partners as feasible to share costs. A promising and cost effective means of uniform distribution the Conservancy is exploring is via an electronic "store front." Volunteer Positions and Categories The Volunteer Program will identify a number of volunteer position types with the goal of providing as many opportunities as possible for volunteers to participate and contribute. The Program will contain and the Conservancy will implement commensurate training, performance and outfitting standards for each position. The approximate number of training hours necessary to qualify for each position is listed below. Some training paths include variable task -specific or activity options to fulfill requirements, so a range of hours is given. Volunteer positions and standards include but are not limited to: ,5P- '31 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCF6 Trainee 9 hours The beginning level of volunteerism based on fulfilling the following requirements: • Completion of an online Volunteer Interest Form • Submission of a New Volunteer Application • Completion of new volunteer paperwork, including background clearance and negative TB results • Completion of a New Volunteer Orientation & Training Day • Having photograph taken for Trainee identification badge Trainees will be given Conservancy and City of Newport Beach branded items including: • Baseball style hat • Lanyard • Photo Badge • Volunteer Manual Regular Volunteers 18-20 hours Regular volunteers are those who may work with the public, but do not conduct or lead independent programs for the public. Regular volunteer duties consist of supporting projects determined for them by the Conservancy. If appropriate, the Plan may identify other partners who may provide volunteer duties to Regular Volunteers. Trainee volunteers attain Regular Volunteer status by fulfilling the following requirements: • CPR, AED and First Aid Certification with a Delayed Response module (bi- annual renewal required) • Attending a Public Interaction Workshop • Attending a minimum 4-hour workshop based on area(s) of interest. • Workshop choices include: o Fire Watch Training o Native Seed Farm & Nursery Training o Citizen Science Training Regular Volunteers will be given: Fire Watch Volunteers: • Fire Watch polo shirt • Activity Pin for Fire Watch • First Aid Kit • Fire Watch Vest • Fire Watch Car Magnets • Fire Watch Manual • Fire Watch Community Brochures & Homeowner Handouts Native Seed Farm Volunteers & Citizen Scientists: • Volunteer field shirt • Activity Pin • First Aid Kit • Volunteers serving more than one year earn a wide -brimmed sun hat IRC-Certified Volunteers 28-36 hours t.o:";;L.'.5^ra ,"CQ;.•:'r�,"c;�s�... 32 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB The Volunteer Program will establish qualifications and training programs for IRC- Certified volunteers, i.e., those responsible for supporting activities that introduce the public and connect them to the City of Newport Beach Buck Gully Reserve lands. The Program will establish training and certification criteria including but not limited to those below. Volunteers may become fully qualified and trained as Trail Boss, Land Steward, and Trail Guide or all of the above; these positions assist activities, but do not lead programs independently. Trail Boss Volunteers: • Complete Trail Boss Training • Shadow two (2) Trail Boss work days • Submit Completed Trail Boss Evaluation Form Land Steward Volunteers: • Complete Land Steward Training • Shadow two (2) Stewardship activities • Submit completed Land Steward Evaluation Form Trail Guide Volunteers: • Complete two (2) Trail -Guide Training hikes or rides • Shadow three (3) Docent -led public programs • Submit completed Trail Guide Evaluation Form These volunteers will be given: • Volunteer technical field shirt • Activity Pin • First Aid Kit • CPR face shield • Resource Guide IRC-Certified Lead Volunteers 76-94 hours All Volunteers will be encouraged to progress to a leadership position in the Volunteer Program. Trail Boss Leads, Lead Land Stewards, and Docents lead public programs without direct supervision. Each of these leadership positions requires first completing requirements for one of the IRC-Certified Volunteer positions, so the training hours listed are cumulative (for example, an Interpretive Docent must first complete requirements for Trail Guide, so training hours include those for Trail Guide in addition to Docent -specific training). Lead Volunteer status may be achieved via the following: Trail Boss Leads • Completion of approved Program Leadership Training course • Specialized training in topics including trail design and engineering, erosion control methods, bridge construction and installation, etc. • Attend two (2) trail boss activities and participate in a leadership role for evaluation by staff or an IRC-Certified Trail Boss Lead • Complete Trail Boss Lead Evaluation Form !,:� ,i d.t; - r.;r:>r.�f. Cnv'•.......; ,. 33 DocuSign Envelope ID: 1 EA991EF-6C53-49EA-833F-5EAFCB91BCFB Lead Land Stewards: • Completion of an approved Program Leadership Training course • Specialized training with regard to topics such as herbicide use, invasive removal and restoration strategies, tools and safety, etc. • Attend two (2) Stewardship activities and participate in leadership role to be evaluated by staff or an IRC-Certified Lead Land Steward • Complete Lead Land Steward Evaluation Form Interpretive Docents: • Completion of an approved Program Leadership Training course • Specialized training in Interpretive topics and skills • Attend two (2) Docent -led activities and participate in leadership role for evaluation by staff or an IRC-Certified Docent • Submit Docent Evaluation Form IRC-Certified Lead Volunteers will be given: • Commensurate Activity Pin(s) • Wide -brimmed field hat with 360° sun protection • A second technical field shirt • Appropriate Trail Boss, Stewardship, or Docent Manuals Conservancy Management Responsibilities Continuing education and in-service training is critical to fully utilize the skill sets and increase motivation among the volunteers. Continuing education and training allows volunteers to enhance their knowledge in certain areas and continually improve visitor experiences on the land. The Conservancy will ensure that through technology and electronic learning opportunities, volunteers may be able to engage in continued education by the use of online training modules, webinars, web -based guest lectures, a virtual library, wiki documents, and podcasts. The Conservancy will update volunteer training and materials on an as -needed basis. The Volunteer Program may establish or identify online training courses to serve a variety of needs, primarily offering volunteers the opportunity to advance learning in their areas of interest. Through online learning modules, the Conservancy may gauge prior learning, build a consistent starting point of information and skills, objectively monitor the status of volunteer understanding, keep their interest by offering a variety of continuing education classes and assess performance plus learning outcomes. Providing e-learning to volunteers allows the management program to be more effective and cost-efficient, with lower direct costs for personnel and facility resources, as well as lower overhead costs. The Conservancy's Volunteer Program will: • Utilize the same electronic and web -based systems and background check/training methods noted in 1. a-c of this section; • Provide and replace as necessary, all uniforms, gear, tools, equipment, vehicles, DocuS ign Envelope ID: 1 EA991 EF-SC53-49EA-833F-5EAFCB91 BCFB • Manage deployment of volunteers for all City of Newport Beach, Buck Gully Reserve regular programs and special activities. Volunteer Fire Watch Program Management The Conservancy's Volunteer Fire Watch Program began in 2007. The Program is networked closely with efforts by Orange County Fire Authority, OC Parks, City of Irvine, Greater Laguna Coast Fire Safe Council, Fire Safe Council Eastern Orange County Canyons, Trabuco Canyon Defense Against Wildfires, Crystal Cove State Park, and Modjeska Canyon Fire Watch. The Conservancy manages the entire Orange County Fire Watch Program for the County of Orange throughout the County -owned wilderness park system. The Conservancy has partnered actively with Orange County Fire Authority to develop the program, training, and deployment strategies intended to prevent wildfire ignitions during period of extreme fire danger and serve as a communications and early reporting mechanism when fires do occur. Trained volunteers are stationed around the Reserve in highly visible locations and serve shifts while being vigilant against arson and accidental fire ignitions. Volunteers do not and are not expected to fight fires. The Fire Watch program trains volunteers to monitor sites at high -risk for ignition, and maintain high visibility to deter arson during periods of extreme fire risk. Volunteers are deployed during "Red Flag conditions" and Santa Ana wind events that coincide with hot temperatures and low humidity. Historical fire data shows that 90% of the acreage of natural areas burned occurs during these high -wind conditions and that these are the conditions in which arson fires are most common. Each Fire Watch volunteer will act as a visual deterrent to potential arsonists and as a community liaison educating the public on the extreme fire risks. They will also monitor the open space to act as an early warning and communication network; assisting the Newport Beach Fire Department "NBFD" in early response to fire starts. The Conservancy's role in the program on behalf of the City will be recruiting, training (supported by OCFA), equipping, managing, deploying, recognition and communication with Fire Watch Volunteers, and integrating them into the regional Fire Watch Network. Fire Watch Volunteers are deployed to locations identified in the Conservancy's fire prevention strategic plan, which is based on extensive research on locations at greatest risk for fire ignition. Volunteers communicate and file reports using the LetsGoOutside.org website. This Operations Plan proposes establishing of Fire Watch and volunteer management in the Reserve, and expansion of the Fire Watch Program concept with the City's CERT Program and other public safety units. The Conservancy will maintain a minimum of 100 Fire Watch 35 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB Volunteers available to be deployed on behalf of the Reserve. The Buck Gully Reserve has an extensive Wildland/Urban Interface zone and fire prevention is critically important for both public safety and the long-term health of the open space. The Conservancy's Fire Watch program provides a tangible contribution toward reducing the risk of catastrophic fire. The Conservancy will train, equip and deploy volunteers at the following location in Newport Beach during periods of extreme fire danger. The Conservancy will notify the NBFD whenever a Fire Watch is deployed. This location has been identified in the Conservancy's ignition reduction strategy and plan. Additional locations may be added over time if warranted: • Canyon Watch Park • Newport Coast (possible addition, Vista Ridge Road and/or S.Charna Hill Park) Hundreds of millions of public and private dollars have been invested in protecting open space land in Orange County, and the City of Newport Beach has made open space a core community value. Perhaps more important, billions of dollars of private property are vulnerable to wildfire in adjacent neighborhoods. More than two dozen human lives have been lost in the past decade in Southern California due to wildfire. These urgent issues mean that prevention of wildfire is a critical priority for the City and Conservancy partnership. Historically, natural fires occurred in Southern California habitats an average of every 60 to 150 years. The current fire cycle is between six and 10 years. This change is directly due to human causes, both accidental and arson. Without restoring a normal fire cycle - primarily through prevention of fire ignitions - the Reserve will convert within a decade or two to weedy, grassy non-native habitat. Not only will this destroy their globally important biodiversity, but ironically, this replacement vegetation is even more susceptible to frequent fires, costing millions of dollars in damage and risk to life and property. Clearly, preventing wildfire is a purpose well beyond the biological management of land that extends to the entire community. To further the objectives of the Fire Watch program, the Conservancy will also work with the City Public Information Office and Emergency Management Office to develop and disseminate educational materials about wildland fire to City residents. This will include materials for distribution to the public by Fire Watch volunteers while deployed, homeowner information for those living at the urban/wilderness interface, and a component on the website www.LetsGoOutside.org to educate the general public about the threat posed by wildfire to the local rare ecosystems and human communities, as well as information about how to participate in preventing fire. 36 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB C. COMMUNICATIONS AND PUBLIC OUTREACH OVERVIEW With active relationships among the City of Newport Beach and all public owners of open space land within the Irvine Ranch Natural Landmarks, the Conservancy leverages the power of partnerships in all its communications and public outreach efforts. Since its founding, the Conservancy has been the primary marketing entity for the regional open spaces and the Irvine Ranch Natural Landmarks, promoting stewardship and recreation across the entire 37,000 acre multiple -owner landscape. Communications and public outreach efforts on behalf of the City of Newport Beach about the City's Buck Gully Reserve and other managed open space will greatly benefit from this established reach and audience, and the costs of communication and marketing are shared and leveraged by this approach as well. An example is the quarterly award -winning Activity Guide brochure, distributed to more than 5,000 people, created through proportionately -shared design funding by the City of Irvine and City of Newport Beach, with the cost of printing provided by the County of Orange. Promotion of the City's natural open spaces is not just about attendance and visitation - the Conservancy's promotion strategy encourages developing a personal connection to the land for everyone in the community. Building these connections is the key to long-term stewardship and enjoyment of the City's preserve areas and all other open space in the Landmarks. As a compliment to the community and neighborhood parks in the City of Newport Beach system, the regional open space of the Buck Gully Reserve and the Natural Landmarks offer an immersive outdoor experience, with opportunities to learn about wildlife habitats and living close to nature. The open space offers much more than recreation. It presents the opportunity to reconnect with nature, improve the quality of life for residents in Newport Beach, and gain an appreciation for the natural world that will last a lifetime. The ability to work with many partners on communications efforts has resulted in increased interest and appreciation of the Buck Gully Reserve as part of the Irvine Ranch Natural Landmarks, Since most messaging created by the Conservancy relates to projects and programs, Conservancy communications staff are able to quickly and accurately convey messages to the public about the Buck Gully Reserve. The Conservancy will be the lead for managing and issuing routine regular messaging about these programs, projects and activities on behalf of the City. This includes posting on social media, weekly email newsletters, and routine reporter inquiries about programs in the City's Buck Gully Reserve. Recreation and Senior Services may provide a list of staff emails to be added by the Conservancy to the weekly open space activity newsletter, and/or they may follow the Irvine Ranch Natural Landmarks on social media to receive all these communications. When an issue arises that relates to City policy or future plans, or events occur that have broader interest than open space programs and management, the lead for communications will be the City Public Information Officer, with Conservancy staff supporting. t°t3n 37 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB This process of communications management has worked very successfully with other Conservancy landowner partners, including the County of Orange. Delegating routine or management -related communications and marketing about the Buck Gully Reserve to the Conservancy allows City communications staff to focus on other areas of their responsibility on a regular basis, while maintaining responsibility and authority for policy -related or broader communications and events. This process also results in efficient and timely communications and development of materials on a routine basis, which is essential for ongoing management of the open space. In addition, the Conservancy's partnership with the City of Newport Beach has led to a familiarity with the City and its communications norms, messages and objectives that ensures the Conservancy's communications work will be consistent with City goals. Under this Operations Plan, the City Public Information Office will approve any large event or policy -related press releases or other broad, non -routine communications and materials. The Conservancy will directly issue routine program and project -related communications and materials such as regular activity newsletters and ongoing social media postings. The Conservancy will manage communications on programs and projects that have been approved by the City (as part of this Operations Plan or otherwise approved projects) and will defer to and support the City Public Information Office for communication on larger, non - routine or special events or projects with broader visibility. COMMUNICATIONS AND OUTREACH PLANNING The overall communications and public outreach plan for the Buck Gully Reserve and other managed open space, implemented by the Conservancy, builds on years of experience and research. Central to the outreach goals are the results of a public outreach summit held at the Conservancy in 2012. During this two-day workshop, representatives from landowner agencies and education -based partner groups gathered to discuss how best to create connections to the land by the public. Leaders from OC Parks, California State Parks, faculty from the CSU Long Beach Recreation & Leisure Studies Program, Acorn Naturalists, Environmental Nature Center and other non -profits and managers participated in this forum. The group's efforts resulted in a comprehensive report outlining potential future strategies. The Conservancy has continued to work with these longtime partners to create the resulting "Connecting People with Our Parklands: A Strategic Opportunity to Increase Awareness, Enjoyment, and Stewardship of Orange County's Natural Legacy" initiative. As part of the initiative, Conservancy staff has conducted visitor and user surveys and analysis on how the public thinks about the land, and what strategies might work best to grow meaningful connections to local wilderness and open space, including in the Buck Gully Reserve. The Connecting People to Our Parklands initiative has resulted in modifications to the public programs offerings and stewardship opportunities for the public. The initiative has also resulted in a more effective communications and outreach strategy, raising the profile and interest in the City's Buck Gully Reserve, its programs and its stewardship. 38 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB Implementing an effective and far-reaching communications and education strategy is essential to the City's General Plan goal of integrating the Buck Gully Reserve into the fabric of the Newport Beach community. The Conservancy has teamed with City staff on several outreach projects, including community events such as the Water Wise program and opening of the improved Buck Gully trail system, and on printed materials such as the open space information cards for dog owners. The City will also be featured in the quarterly "Let's Go Outside!" Irvine Ranch Natural Landmarks Activity Guide, which garnered a 2012 City - County Communications & Marketing Association Savvy Award for Outstanding Publication. This activity guide - and its related web site at www.LetsGoOutside.org - is indicative of the breadth of marketing created by the Conservancy to connect people to open space in the City and the entire Irvine Ranch Natural Landmarks. Through these efforts, the audience for City opens space communications has broadened to include others who have similar interests and who visit other local parks. Here is a basic schedule of general communications activity that will be generated by the Conservancy for the Irvine Ranch Natural Landmarks including the City Buck Gully Reserve under this Operations Plan: Activity Daily Weekly Monthly Quarterly As Needed Social Media Posts Newsletter Articles/Press Releases Upcoming Activities Email OC Register Online Calendar News Article Email Story Pitches to Local Media Seasonal Email Newsletter Seasonal Activity Guide Inside Irvine Outdoor Page Photography x x x x x For the City of Newport Beach specifically, Conservancy staff will collaborate with City staff to include news briefs and calendar listings for Buck Gully programs in the quarterly Navigator magazine, as requested. The pacing of communications will coincide with the scope of each message: weekly communications activities focus on individual programs or projects, while quarterly communications are broader in topic and length of content, and all are included in the context of region -wide communications and marketing for the open space that returns benefits to Newport Beach. This builds the strength of the message over time in the minds of the audience. Content strikes a balance between responsible long-term stewardship and recreational enjoyment. The strategy for each of the above communications activities is as follows: Social Media: Daily posts will feature photos to improve the public's connection to the land. The voice of the Irvine Ranch Natural Landmarks Facebook page is light and conversational, yet informative. Information about complex topics is conveyed in a 39 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB science -based fashion, void of advocacy opinion. Newport Beach is included regularly. The page is inclusive, and allows for the public to post their own photos and experiences (after being approved by Conservancy staff). The page is solely administered by Conservancy staff, and the Irvine Ranch Natural Landmarks is also represented on Twitter and Instagram. The Facebook page currently has more than 8,000 friends (see graph on page 42). Newsletter Articles/Press Releases and Weekly Newsletter: Each week, a pertinent news article about the Irvine Ranch Natural Landmarks will be created and circulated electronically to 10,000 current subscribers. Again, Buck Gully's open space programs are regularly featured, and Newport Beach residents are well -represented on the subscriber list. Once each calendar quarter, three to four major stories are circulated as part of a Seasonal Email Newsletter (see below). Most articles include information about approved, Conservancy -led programs within the Reserve. In these cases, Conservancy communications staff uses existing program information, which allows the newsletter to be timely and delivered quickly. Often the weekly email focuses on a worthy activity that has not garnered attention. This is determined each Monday, with the article created and sent during the week. This quick turnaround allows a program to get the attention it deserves, further benefitting the public. Then Conservancy staff regularly circulate the article as a press release to the media, garnering additional attention. The Conservancy then includes the article content as part of a weekly email to subscribers. The weekly email also includes all Irvine Ranch Natural Landmarks activities for the following week. OC Register Online Calendar: The Conservancy works with the OC Register to publish Buck Gully Reserve programs and activities in the OC Register online calendar. Story Pitches to Local Media: At least once per month, Conservancy communications staff will reach out individually to a reporter (in any type of media) with a story pitch. This could be an interesting program for a city reporter, or it could be a science -based story offered to an editor. The Conservancy has an extremely high success rate for these pitches, and reaches out specifically to local reporters and bloggers serving Newport Beach communities. Seasonal Email Newsletter: Each quarter, an expansive email newsletter is sent to the Conservancy's nearly 10,000 subscribers. It contains articles highlighting major projects and activities for that season within the Irvine Ranch Natural Landmarks. Some of these articles focus on the Buck Gully Reserve lands and activities. The newsletter includes three to four articles, a slideshow of images from the remote camera wildlife monitoring project, a selection of photos from the Facebook page, as well as a listing of upcoming events for the following week. DocuSign Envelope ID: 1 EA991EF-6C53-49EA-833F-5EAFCB91 BCFB Seasonal Activity Guide: The printed quarterly "Let's Go Outside! Activity Guide" includes a complete listing of that season's activities within the Irvine Ranch Natural Landmarks, including all those in the Buck Gully Reserve. It is distributed throughout Newport Beach in public areas and to a variety of organizations and individuals. The activity guide also includes print versions of the three to four seasonal articles and is full of illustrative photos, maps, links and information. Programs in the Buck Gully Reserve and other managed open space are prominently featured, along with other outdoor nature -related programs offered by City staff. The Conservancy has and will continue to manage both printing and design for this guide, with costs being shared among landowner partners. Navigator Outdoors Page: Conservancy staff works with City staff to provide a full list of upcoming activities led by the Conservancy on behalf of the City. These include a wide range of recreational events and public volunteer opportunities for community stewardship. Photography for Media/Marketing: Taking updated photos year-round of events and activities is critical to enhancing the public's connection to the land. Allowing people to see what an experience or location is like before visiting makes the potential visitor more comfortable and more willing to participate. Throughout the year, the Conservancy sends photographers to activities, locations and events in the Buck Gully Reserve and can provide these photos to local media for placement. The photos taken by the Conservancy are available to City of Newport Beach staff as well, upon request. The public outreach and communications activities for the Buck Gully Reserve and other managed open space also will include broad support for the volunteer Community Fire Watch program outlined in the Fire Watch Program Section in this Operations Plan. Outreach materials to support volunteers in the field will be created, and communications staff will work with City staff on the development of materials that will inform residents on how they can make their homes and property more fire-resistant, as well as information on how they can be more aware during Red Flag weather warnings and help prevent wildfire ignitions. AUDIENCE The audience for communications and public outreach regarding the Buck Gully Reserve will not be limited to outdoor enthusiasts or nature lovers. The audience is truly the Newport Beach community in general — and communities across Orange County. The communications messages should be relevant to visitors, prospective visitors, and even those who may never visit but have a personal connection to the open space. If the Reserve is to be integrated into the fabric and quality of life in Newport Beach, even those who may never visit should have an awareness, interest in and support of the Buck Gully Reserve, for general pride in their community and for supporting the efforts and funding allocations of the City for its long term stewardship and protection for future generations. The Conservancy's non -advocacy and inclusive approach to public outreach and 't•: >.rii�iily ri;:f,f Op P: - 41 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB communications ensures that each member of the Newport Beach community can engage in ways that are most meaningful to them. A snapshot of the audience reached by Conservancy's current marketing efforts on behalf of City of Newport Beach and other landowners is below. This same data will be gathered and maintained over the period of this Operations Plan to inform and help manage communications, outreach and messaging. This snapshot is from the Irvine Ranch Natural Landmarks Facebook page, an indicator of current audience across all marketing efforts: Women 63% 46% Yaur Fans All Faczboob. men 113 36% 54% YcurFans All Facebook 11% The demographics of this audience show that the Conservancy's communications and marketing consistently reach an age level that tends to have inte,est in the outdoors, disposable income, and could potentially become part of the volunteer corps or contribute to the stewardship of the land in the future. Location cemographics provided by Facebook analytics show the majority of the audience is within a short drive away from the Buck Gully Reserve. Published public opinion research has shown that proximity is one potential obstacle to visiting wilderness areas, so this local audience will continue to be a core target of the Conservancy's communications about the land and the Reserve. The target audience is reached in a variety of coordnated efforts, through consistent messaging across a variety of media. Statistics for the reach of the Conservancy's current marketing efforts on behalf of its partners including the City of Newport Beach are as follows: Media Facebook "Likes" Web Site Unique Visitors Monthly Web Site Visits Monthly Web Site Page views Monthly Email Newsletter Subscribers Activity Guide Distribution Reach Notes 8,761 Facebook.com/irlandmarks stats as of March 31, 2016 11,505 March 1-31, 2016 19,993 March 1-31, 2016 96,913 March 1-31, 2016 10,303 As of March 31, 2016 To parks, partner organizations and other 5,000 locations (includes City facilities). 42 Docusign Envelope ID: 1EA991EF-8C53-49EA-833F-5EAFCB91 BC FB Reaching the target audience through a variety of media channels allows for layered messages that build familiarity with the City's open space opportunities and other managed open space and its value to the community over time. MEDIA RELATIONS Regular media outreach through press releases about activities keeps City of Newport Beach activities in front of local media. In addition to regular press contacts and media relations support, the Conservancy will support City of Newport Beach general media efforts for Buck Gully Reserve events and other newsworthy activities. Conservancy staff is on -call on behalf of the City as subject -matter experts in a variety of science, stewardship, sustainable trails, wildland fire prevention, and recreation topics. Conservancy communications staff is also on -call to the City of Newport Beach PI0 for urgent issues that may arise, to better meet the needs of the media. PURSUING FUNDING FROM OUTSIDE SOURCES The Irvine Ranch Conservancy has had previous success in obtaining or assisting in obtaining funding from outside sources for its landowner partners for projects within the Irvine Ranch Natural Landmarks. These funding sources have been diverse and include grants from government and private foundations, and corporations. The successful efforts outlined below illustrate the Conservancy's excellent track record in this area. The Conservancy has already obtained significant funding to be applied on the Irvine Ranch Natural Landmarks through the Orange County Transportation Authority's Environmental Mitigation Program Grant (Measure M2). The amount that has been granted to the Conservancy is more than $4,300,000 for three separate large-scale habitat restoration projects over the next eight years. To date, this funding has been on lands other than those owned by the City of Newport Beach. Trail and facility project funding tends to be available in smaller amounts than habitat mitigation, but the Conservancy has been successful in this area as well and will to continue to seek external funds as possible or available to improve trails and facilities. In 2011, the Conservancy obtained a $5,000 grant and corporate -sponsored volunteer labor from the REI Corporation to help build the Turtle Ridge Trail in the City of Irvine's Irvine Open Space Preserve. This grant allowed completion of a 3-mile sustainable multi -use trail that added a missing link to the overall trail network in the Bommer Canyon/Turtle Ridge area. The Conservancy has also worked with the City of Newport Beach to obtain a $100,000 state grant for constructing the full trail network in the Buck Gully Reserve. The funding was obtained through the Habitat Conservation Fund created by the California Wildlife Protection Act of 1990 (proposition 117) and administered through the California Department of Parks and Recreation. The City acted as the grantee and project applicant, and supplied required documentation and matching funds for the project. The Conservancy helped draft much of ?ion 43 DocuSign Envelope ID: 1 EA991EF-6C53-49EA-B33F-5EAFCB91 BCFB the proposal as well as serves as the project implementation team. The project was completed by the Conservancy and included the creation of four miles of sustainable daily - access trails, installation of four prefabricated bridges (installed by helicopter in remote sites), new gates at control points, kiosks and wayfinding and interpretive signage. The proposal was the highest ranked submittal in its round in the Prop 117 trails program. The Conservancy also continues to seek specific funding for management of rare species and restoration of habitats. To date, the Conservancy has raised $168,000 through a variety of small grants from local, state, federal and private sources for projects as diverse as cactus scrub restoration, development of a program and protocols for monitoring human access, the construction of artificial nest structures for cactus wrens, and propagation and planting of rare Tecate cypress trees. Under this Operations Plan, and as opportunities are available, the Conservancy will continue to seek supplemental funding for natural resource projects. For the past five years, the Conservancy has also successfully obtained donations to help support the organization's Geographical Information Services (GIS) capacity. The Environmental Systems Research Institute has provided software and maintenance grants annually. GIS is integral to the management of the Buck Gully Reserve and the rest of the Irvine Ranch Natural Landmarks. As part of its commitment to a long-term partnership with the City, the Conservancy will continue to support efforts to seek funding from outside sources for special projects and activities beyond the Scope of Services in the Management Agreement. If the City is the applicant for any of the funding opportunities, reasonable assistance, within the normal scope of the Conservancy's work, will be provided by the Conservancy in preparing proposals or activities related to obtaining the grant. This support will be provided as part of the Management Fee. Prior to pursuing any funding opportunity, the City and Conservancy will mutually agree on the funding source of any matching funds required, either through the Management Fee or with additional funding. A scope of work and budget will be developed by the Conservancy for use by the City in pursuing grant funding and in deciding to approve receipt of funds. This scope of work and budget may be implemented under the Management Fee or with additional funding, as agreed to prior to the funding application. If City staff directs the Conservancy to implement the funded projects and programs, the scope and budget of those projects will be based on the schedule of rates and expenses outlined in Section F: Extra Work Services. Upon mutual agreement with the Conservancy, the City may consider Management Fee funds as an in -kind match, provided that the activities or grants considered for the match nit. ..,: D;;crafu�rs P;.n 44 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCS91BCFB are both consistent with this Operations Plan and are included in the then -current annual work plan of the Conservancy. Mutual agreement for the source of the matching funds must be made before the City or Conservancy applies for the funding opportunity. Because both the amount of the Annual Management Fee and the Conservancy's annual allocation of the Fee are specifically planned and budgeted to deliver the contracted services under this Operations Plan, the City will not reallocate the Conservancy's annual Management Fee or re -prioritize delivery of services or the Conservancy's activities to provide in -kind or direct matches for external grants without the agreement of the Conservancy. DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB D. NATURAL RESOURCE MANAGEMENT AND MONITORING APPROACH The Buck Gully Reserve (BGR) encompasses approximately 300 acres of open space that includes the slopes and floodplain of Buck Gully Creek, located within the southeastern half of the City of Newport Beach (City), Orange County, California (County). The habitat types within the reserve range from moderately steep to gentle slopes of grassland and coastal sage scrub (CSS) to dense riparian forest. The landscape and topography of the BGR provides spectacular views of the natural canyon and coastal areas. The Reserve is bound on all sides by urban development, which presents a number of conservation challenges. The fundamental challenge is balancing the public use and enjoyment with preservation of ecosystem health, composition and function. Long term, this translates to improving the ecological resilience of the land - that is, its ability to withstand, adapt to, and recover from threats and impacts such as fire, invasive species, climate change, and regular human access. Managing these threats is also essential to maintaining the fulfilling experiences in nature that visitors expect and to preserving the conservation values covered under the NCCP, of which the BGR is part of. If these resources are not managed sustainably by addressing threats to their persistence and are instead allowed to degrade, then not only are the natural communities worse off, but the visitor experience diminishes as well. As with all lands that we manage, IRC employs an adaptive approach to natural resource management. A successful Tong -term adaptive management plan identifies key threats, prioritizes those threats correctly, develops valid hypotheses for management, and allocates and re -allocates management resources appropriately and effectively. Monitoring management actions taken under the plan - and linking results to a decision framework - enables managers to evaluate the effects of their activities and interventions and make adjustments as necessary to continue improving management over time. Monitoring also allows development of critical scientific information and data to track the health of systems, species and other resources. Figure 1 below shows the Adaptive Management cycle. Clear goals and priorities are essential for adaptive management. Fortunately, regionally we have an excellent reference for Buck Gully Reserve: a strategic planning framework developed for the nearby combined North Irvine Ranch Wildlands (Noss 2011: An Integrated Adaptive Management Framework for the North Irvine Ranch Wildlands). This framework was developed by building directly on a comprehensive Threats Analysis and prioritization conducted by Irvine Ranch Conservancy in 2008 for these same lands, which expanded on the early management strategy used by The Nature Conservancy from 1992-2007 when it managed most of the historic Irvine Ranch Open Space for The Irvine Company. The Noss Adaptive Management Framework is a detailed strategy that identifies and ranks threats, develops conceptual management models, suggests monitoring approaches, and develops priorities for action. While the Framework is too large to include as an appendix, it is available upon request and constitutes the foundation for the Conservancy's proposed monitoring, research, and habitat restoration and enhancement goals. FYian 46 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB setting goals & priorities Figure 1. The Adaptive Management Cycle BUCK GULLY RESOURCE AND RECREATION MANAGEMENT PLAN (RRMP) With this general adaptive management and threats -based framework in mind, a Resource and Recreation Management Plan (RRMP) was developed by IRC in 2009 specifically for the Buck Gully Reserve, as required by the Central -Coastal Subregion NCCP/HCP. The RRMP provides a comprehensive, long-term vision for the Reserve, including general policies and guidance for adaptively monitoring and managing sensitive natural resources, water quality, invasive species, habitat restoration, fire management, public access, recreation, and related infrastructure. Please refer to the Buck Gully RRMP for detailed descriptions of the relevant regulatory framework, existing conditions, threats to ecosystem health and resiliency, and general natural resource management recommendations. By design, however, the RRMP is not prescriptive. Rather, it establishes general priorities and recommendations for land management activities. Consistent with these general guidelines, the Conservancy has developed a variety of specific programs and services for addressing threats to natural resources in Buck Gully. Under the proposed contract extensior, the Conservancy plans to implement the following natural resource management services: HABITAT RESTORATION Under this Operations Plan, Conservancy staff will continue to implement a community - based Habitat Restoration Program (formerly named WaterWise Restoration Program). Under this program, IRC staff, with involvement from volunteers and the larger community, will carryout approximately 0.5 acres of habitat restoration annually to make progress toward habitat recovery and resilience within the Reserve. Restoration will occur primarily within the hazard reduction zones (HRZ) but other high priority areas as well. The HRZ are areas near homes where vegetation is modified to slow the rate and intensity of an advancing wildfire and serve as defensible space for firefighters. However, these areas often become refugia and sources for invasive plant species that degrade habitat within the 47 DocuSign Envelope ID 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB greater Reserve. Fortunately, these areas within the HRZ can be modified to support native vegetation that is both drought- tolerant and fire-resistant, yet still be managed as defensible space. The exact acreage of these restorations is likely to vary from year to year based on existing state, habitat -type, anticipated precipitation, and intensity of restoration effort, all of which affect cost. While actively planting native species will occur in favorable (i.e., wet) planting years, other years will be devoted to the removal of non-native weeds from relatively intact habitat (also known as passive restoration). The Conservancy may also provide the City support in its efforts to attract outside funding to supplement annual restoration and enhancement efforts (e.g., provide scientific expertise and/or provide feedback on restoration project proposals or applications). INVASIVE PLANT SPECIES MONITORING & CONTROL The Conservancy's invasive species management plan proposes two primary management activities. The first is an aggressive control program for high priority target weed species reserve -wide (see list of target species below). The second is a systematic monitoring program to identify, control, and track newly emerging weed species before they become established. Conservancy volunteers have been included in both activities to increase our conservation capacity. Targeted Species Removal Program: Targeted removal activities will initially be focused on the priority species listed below, and will be modified adaptively based on monitoring results. Results from a 2014 coastal aerial weed survey funded by Natural Communities Coalition (NCC) (formerly NROC), California Department of Fish and Wildlife, and other partners, and a 2012 weed survey for the hazard reduction zones bordering Buck Gully will be used in determining where control efforts should be focused. The amount of invasive plants removed each year will vary depending on which species are being targeted, where they are located, and what control methods are required. Control will be accomplished by physical removal and the use of herbicides as approved by a Pest Control Applicator and overseen by Qualified Applicator Certificate holders. Control will be conducted by a combination of IRC staff, volunteers, subcontractors, and during public stewardship events. The Conservancy will also encourage and direct volunteers to adopt areas for the removal of target invasive species. Conservancy staff will be responsible for program oversight, implementation of control efforts, and GIS monitoring and reporting. Targeted weed control plans and efforts will be reported in quarterly reports to the City and in the NCCP Annual Work Plan and Report. The data gathered will be used to identify areas to control (or revisit) in successive years. Through its habitat restoration and enhancement program for the Coastal Reserve, NCC provides additional (outside) funds each year for invasive control in the more remote areas of Buck Gully. Under this operations plan, the Conservancy will continue to facilitate this additional effort by prioritizing species to be targeted, selecting treatment locations, DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB coordinating ground efforts with sub -contractors, documenting and mapping treatments, and submitting a summary report. Targeted weed control efforts will be recorded digitally and maintained in the GIS database as a means by which to monitor their effectiveness over time. The Conservancy has developed and will utilize a digital recording system that documents area searched, net area controlled, and removal method. The system can be used by volunteer Lead Land Stewards as well as by staff and contractors. This digital documentation system will be the primary tool by which to track real-time changes in stand size of invasive species over the life of the proposed contract term and beyond. Annual documentation of control work will be provided to the City as part of routine progress reporting. Control work will incorporate use of the NCC OC Restore tool as requested by NCC for reporting purposes. List of Target Weed Species for Removal Area -Wide. The following species were identified as high and moderate priority for removal by a collaborative group of land managers of coastal Orange County parklands. These will be primary targets identified in annual control programs. Results of control efforts will be shared annually across neighboring land managers. The type of control ranges from "watch," indicating that a species is found nearby but has not yet been observed within the Reserve, to "containment," indicating that efforts should focus on ensuring that a species will not spread further. New populations of high risk species not listed below may require additional funding to control. Artichoke thistle Bull thistle Castor bean Fennel Garland chrysanthemum Giant reed Pampas grass Perennial pepperweed Sahara mustard Cynara cardunculus Cirslum vulgare Ricinus communis Foeniculum vulgare Chrysanthemum coronarium Mod Containment Mod Mod Containment Low Mod Containment High Mod Containment Mod High Containment Mod Arundo donax High High Watch Cortedaria selloana High Mod Containment Lepidium latifolium High High Watch Brassica tournefortii High High Containment -,101,r:e. np 4): aiisr;s wr:,, 4s DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB Spanish broom Spiny emex Tamarisk Tree of Heaven Yellow starthistle Spartium junceum High High Watch Emex spinosa High High Watch Tamarix ramosissima High High Containment Aiianthus aitissima Mod Mod Watch Centauria soistitiaiis High High Watch In addition to target weed species, there are a number of priority invasive animal species that require monitoring and/or control. The list of animal species identified for control if found includes but is not limited to feral cats and dogs, African clawed frogs, bullfrogs, and red imported fire ants. African clawed frogs and bullfrogs have been observed in Buck Gully stream. The Conservancy's monitoring program for invasive animals, as described below, relies heavily on remote cameras and incidental sightings by staff and volunteers, although a more formal survey is planned for the near future. Early Detection of Emergent invasives: Emergent invasive plants are listed under the "watch" category in the above table and will be monitored as part of early detection. When emergent invasives are identified, they will be subject to aggressive control measures using the methodologies described in the Target Species Control section above as well as by collaboration with partner organizations and land managers. Early -detection monitoring of plant species will consist of citizen science or staff observations, periodic reserve -wide surveys, and annual quantification of known populations where feasible. Monitoring of feral animals will occur via remote camera traps (for mammals), by targeted surveys (for bullfrogs and African clawed frogs), and documentation of incidental observations by staff, volunteers, researchers and other collaborators for other species. In the event that populations of new exotic species that threaten natural resources are identified, containment will likely require additional funding. Tree pests (e.g., Goldspotted Oak Borer - an insect pest on oak trees, Shot -hole Borer, etc.) and pathogens (e.g., Bot cankers) will be monitored by incidental observations and communication among staff, volunteers, researchers, and other collaborators. In the case of observed unusual disease or die -off, the Conservancy may subcontract for additional monitoring by trained staff and/or expert and specialized service providers. If outbreaks occur, partner collaboration and additional funding will likely be necessary to track and treat such pests. DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-B33F-5EAFCB91 BCFB COMMUNITY STEWARDSHIP EVENTS Conservancy volunteers and other public participants have and will continue to make a significant contribution toward enhancing habitat and controlling invasive weeds in Buck Gully. These events are typically 3 hours in length and offer volunteers a range of activities depending on the season. Normally, fall stewardships are dedicated to preparing ground for planting or sowing native seed. Winter stewardship are focused on planting native container plants, while spring stewardships are focus on maintaining plantings and hand weeding. Summertime events often include restoration site maintenance and wild seed collection. Under this Operations Plan, the Conservancy will augment its capacity to offer and conduct community stewardship activities over the next 10 years. Beginning with a minimum of four scheduled activities in Year No. 1, the Conservancy will grow the program over three -years with the goal of including no less than 10 scheduled community stewardship events each year managed by Regular Volunteers or staff, and open to the public. Community stewardship events will use the same registration system as public programs, and participants will sign a liability waiver. The Conservancy may also offer special stewardship events for organized groups, which will count toward the minimum number of programs offered. BIOLOGICAL MONITORING The Conservancy will conduct biological monitoring to access the status of keystone and sensitive species, as well as to evaluate the efficacy of habitat restoration and efforts to control invasive species. Proposed monitoring targets and methodologies for threats include: • Maintain the system of wildlife monitoring cameras to provide critical information on wildlife activity and movement within the Reserve. The Conservancy has operated a state-of-the-art camera trap program since 2007 as part of a landscape -wide monitoring program, collecting hundreds of thousands of images of wildlife and human activity across the Irvine Ranch Natural Landmarks. This program has built a robust long-term database of animals inhabiting our management areas, including mountain lion, bobcats, coyote, raccoon, striped skunk, mule deer, larger birds, dogs (not permitted), and humans in their various forms. The collection of data allows for Tong -term monitoring of wildlife activity and diversity, and the relationship between wildlife and potential environmental stressors such as dogs and human activity. As part of the Operations Plan, the Conservancy will continue to manage a minimum of three monitoring cameras and collect and database photographs on a quarterly basis. Activity of coyote, bobcat, mule deer, and humans will be tracked and reported. A general analysis of trends and relationships between species will be completed on a three-year basis. Quarterly summary reports will also be provided to the City. !RC will continue to collaborate with wildlife experts, graduate interns, and partners to help interpret data. External funding will also be sought to conduct three-year analyses and is not included in the Cost Proposal. In 2012, the Conservancy completed a similar study that was funded = ..• 51 t� DocuSign Envelope ID: 1 EA991EF-6C53-49EA-833F-5EAFCB91 BCFB by the California Department of Fish and Wildlife (CDFW Local Assistance Grant program; cost: $82,000). Funding for the upcoming analysis has been secured collaboratively with NCC and OC Parks through the CDFW. • Continue to monitor the status of sensitive bird species including the federal threatened California gnatcatcher and the coastal cactus wren. Particular attention will be paid to coastal cactus wren, given steep population declines regionally and recent efforts to enhance nesting habitat in Buck Gully. • The Conservancy will survey annually for nesting raptors. In recent history, Buck Gully has supported at least two nesting territories of red-tailed hawks, although they have been inactive for the past three seasons. These surveys are part of a collaborative and countywide effort to study population dynamics for several raptor species. Raptors are keystone predators and good indicators of general ecosystem health. The Conservancy has overseen the collection and analysis of raptor nesting data within our management areas since 2008 and has more recently involved IRC volunteers in monitoring efforts, • Conduct taxa-specific biological surveys to fill gaps in our knowledge base of plants and animal species occurring within the Reserve. This may include contracting with specialist biologist to conduct additional surveys. For instance, an inventory of riparian and aquatic vertebrate animals in lacking for Buck Gully. • The Conservancy will monitor and manage secondary threats to keystone species that inhabit Buck Gully, including raptors, bobcats, and coyotes. Such activities include working with local HOAs and water districts to reduce use of rodenticides and other pesticides that are suspected to be negatively impacting animal health. The Conservancy will use its public programs to increase awareness and education about keystone species and their roles in ecosystems. The Conservancy will monitor and evaluate wildlife activity changes in relation to human activity, disease, and fragmentation issues and will adjust management actions accordingly, based on a recently completed adapted management plan completed in 2012 (see Human Access section below). • The Conservancy will assist the City in its response to incidents involving carnivores through technical advice, educational and communications support, and coordination with other agencies on an as -needed basis. The Conservancy will provide expert and advisory services as needed for adaptive management of mesopredators and incidents involving these species. Wildlife cameras will continue to be maintained by staff and volunteers, photos will be data -based, and quarterly summaries identifying wildlife activity trends will be compiled internally and be available upon request. • Collaborate in regular (suggested: five-year) coastal weed surveys. .,,. _cer•...)r.•.,?,.n52 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB • Monitor coastal sage scrub vegetation. Adapt monitoring methodologies used for OC Parks- and City of Irvine -managed land to Buck Gully, including analyzing historic aerial photos and collecting vegetation data from a select number of permanent transects. The goal of these efforts is to determine thresholds in the resilience of CSS to the threat of naturalized non-native species. Results from this program will inform appropriate triggers for management action. For all approaches, Conservancy staff will seek collaborations with researchers and partners, including UCI, TNC, and NCC to supplement efforts and assist in analysis. Surveys will allow regional comparison of habitat condition and resilience. • The Conservancy will manage efforts to monitor the health of coast live oak, sycamore, and willow trees and coordinate with NCC to develop a cohesive long term monitoring strategy. Specific goals will include documenting incidence of new insect pests like Goldspotted Oak Borer (GSOB) and Polyphagous Shot Hole Borer (PSHB), recruitment patterns, and developing management recommendations. To date, neither of these tree pests has been found in Buck Gully. If it were discovered, however, efforts to contain and/or treat these pests would be outside the scope of this operations plan but could be conducted with additional funding. • Modify monitoring programs as needed based on results from previous monitoring and management efforts (adaptive management). HUMAN ACCESS AND USE Human access and recreational use in Buck Gully is desirable, but can have unintended and undesirable consequences for natural resources. For example, humans often trample native vegetation along trails and our presence alters the natural behaviors of wildlife. Human access can also exacerbate other critical threats, such as increase the risk of catastrophic wildfire and invasion by non-native species. The Conservancy will continue to use an adaptive approach to managing human access over time using camera trapping, trail counters, and other monitoring methodologies to evaluate response of target wildlife to human access and recommend appropriate management responses. In 2013, the Conservancy completed a project funded by a CDFW local assistance grant (LAG) to begin to develop and test hypotheses for human access and use (DFG LAG#P0982014). This project synthesized the results of four years of camera trapping (and tens of thousands of photos) to identify potential pattern in human use and wildlife impacts and create conceptual hypotheses that the Conservancy is in the process of testing and refining. Access and wildlife activity will again be analyzed with another LAG grant in 2015- 2016 in collaboration with NCC and other partners. The hypotheses developed in 2012 will specifically be tested and core habitat areas will be re-evaluated. DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB je Based on results presented in the 2012 CDFW-LAG report, the following management hypotheses will be tested over the next several years with the expectation that they will result in no significant reduction in wildlife activity: • Cluster human activity over time, • Provide rest periods after days of high access levels, • Limit nighttime human activity, • Establish and test thresholds for access, • Zone areas adaptively for human access with higher or lower values to wildlife, • Manage availability of trail segments or areas based on sensitve wildlife activity (e.g., nesting, breeding), and • Close areas after wildfire to allow recovery. The Conservancy's study found a negative relationship between human activity and wildlife, but activity patterns suggested that there was no landscape -wide negative correlation across higher and lower use areas and that clustering access patterns and providing rest periods after days of significant human access may compensate for many effects. The Conservancy will continue to study and dynamically manage human access and its potential impacts by using the adaptive management framework (see below). Adjust Human Stakeholder 1 e nsiderations% WILDLIFE ACTIVITY PATT F R.N A,lana.dement Ant(nn ! • DECLINE NO DECLINE — — Ana! is' NA +CORRELATION • N0 CORRELATION WITH HUMAN WITH HUMAN AeeESO A�,alys • i 1 External Evaltratro r1 D + CORRELATION Analysis WITH OTHER - FA.CTO1'. UNKNOWN CAUSE The Conservancy will implement the following access -related biological monitoring under this operations plan: • Monitor human activity using camera traps, public program records, and trail counters. • Monitor target wildlife activity using camera traps, and, if funds are available. other methodology. • Monitor raptors along trails using staff and volunteers. 54 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB • Monitor trailside vegetation using transects and photo points to track trail and vegetation impacts of human access over time. Under this Operations Plan, the Conservancy will continue its camera trap program, which is greatly assisted by volunteers and managed by staff who compile and summarize data. Camera traps will provide data on human and wildlife activity, thereby allowing ongoing comparison and evaluation. As indicate earlier, the Conservancy will monitor raptors annually across fixed areas by surveying known territories and adjacent areas at the beginning of each breeding season. The Conservancy uses specialized assistance from expert raptor biologists to perform this work, and has begun training a corps of Citizen Scientists to provide additional surveys. Nest activity will be recorded and nest success subsequently documented over the course of the season. Active nests determined to be vulnerable to authorized access (e.g., nests located next to trails) will be brought to the attention of the City for further discussion. To assess and help manage the effects of human access on trailside vegetation (e.g. the spread of invasive species or widening of trails) the Conservancy will continue to annually monitor trail width, depth, and trailside vegetation for a minimum of five trail transect points. Native cover and non-native species will also be monitored at a minimum of three fixed distances from these trails at three-year intervals with the first report provided at the end of calendar year 2016 and every three years thereafter. The Conservancy will seek specialized external expert advice regularly to inform both monitoring and management actions for human access and use. All access and use management decisions must remain consistent with NCCP guidelines as well as land -use designations regarding passive recreation. CLIMATE CHANGE Climate change is a real, but a highly complex and largely inestimable threat to the long- term sustainability of natural resources. The rate, amount and effect of a warming climate on target species and natural communities are difficult to plan for and identify management responses. It is highly reasonable to expect that as temperatures warm, species and communities will attempt to adapt by latitudinal and elevational migration - some immediately and some very slowly. The fundamental strategy proposed by the Conservancy to respond to the threat of climate change is to factor consideration for changing climate into every management activity, including selection of species and genotypes for restoration, prioritizing restoration locations, provisioning wildlife during drought periods, maintaining landscape connectivity and intact habitats, and aggressively preventing fire ignitions. The Conservancy has completed and published a peer -reviewed scientific paper on strategies to facilitate the adaptation of species and resilience of natural communities to Docusign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91BCFB climate change (Olson et al. 2009). This paper has become one of the top five most -cited articles of the journal in which it was published. The basic strategy is essentially to factor climate change considerations into habitat management and restoration activities to maximize the potential of resources to adapt to change. The Conservancy mapped climate change "corridors" for the Open Space Preserve and northern Santa Ana mountains that are likely to allow species to adjust their local distributions along environmental gradients. The northern Open Space Preserve is not directly in a climate change corridor, but is connected to open space that is. Buck Gully was not mapped for this analysis but may not be able to harbor environmental refugia due to its limited topography and elevation gradient. The fact that Buck Gully is essentially a habitat island surrounded largely by urban development suggests it is particularly vulnerable to climate change. Nonetheless, the more coastal influence (and substantial moisture from marine layer) may make the coast less susceptible to climate change effects than inland sites. The Conservancy proposes to incorporate habitat diversity and contiguity into restoration efforts and site selection to reduce potential stress caused by resource limitation from environmental change. Recent studies have reported the ability of some plant communities to adapt to drier conditions via shifts in community composition. Supporting this observation, healthy intact stands of coastal sage scrub vary substantially in relative species composition due to the effects of slope, aspect and the diversity of soil types and depths. In response to climate change, the Conservancy will prioritize the protection of relatively cool and "temperature buffered" riparian habitats from disturbance, and observe and document rapid changes in life history that are predicted with climate change (e.g. earlier blooming in plants, shifts in the timing of bird nesting, changes in butterfly flight period, and especially rapid expansions or contraction of species populations). GEOGRAPHIC INFORMATION SYSTEMS (GIS) The Conservancy will maintain and manage existing GIS data for Buck Gully, as part of the Conservancy's GIS function. This includes support for the Conservancy's resource management, Planning and Field Operations, and Community Programs capabilities for this Operations Plan. COMPLIANCE MONITORING & REPORTING Compliance monitoring will also be provided to ensure consistency between City activities with protection policies and requirements such as NCCP, Federal, State, and Regional regulations. The City is required to comply with NCCP restrictions as well as other legal documents (CEQA, FESA) and its actions must be consistent with approved Resource and Recreation Management Plans (RRMPs), and the NROC Habitat Restoration and Enhancement Plan. The Conservancy will provide a single, unified compliance monitoring Le;rJ- i8.156 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-SEAFCB91 BCFB program that will efficiently evaluate consistency with these requirements. These include monitoring of authorized and unauthorized recreational activity and discussions with the City and ongoing maintenance and monitoring. In addition to compliance monitoring. the Conservancy will help the City encourage, identify, develop and implement Best Management Practices (BMPs) beyond the requirements of the NCCP whenever appropriate. For example, the Conservancy has developed a pre - disturbance monitoring and evaluation protocol to minimize and monitor the effects of planned and authorized activities on sensitive habitat or species. Compliance monitoring targets as summarized from NCCP and related RRMPs (Sources: NCCP Mitigation and Implementation Agreement Monitoring Program 1996): .EVE - • ELATED Planned Disturbance'`'""'" Encroachment Prior to implementation As observed Prior to Implementation As they occur Summary report or other documentation; digital documentation; report and recommendation to City/third party if requested; Annual report Summary report; Report to City and to third party if applicable including any mitigation recommendations; Annual report Restoration plan; Plan will be submitted to appropriate entity and City; Annual report Annual report with map As observed Communication with City; Annual report 5-year Summary report (approx every 3-4 years); Annual report; Follow Pre -disturbance monitor protocol, include sensitive bird and plant survey; review event plans for consistency with land policies Documented Encroachment protocol policies; Visual survey of impacts. Follow pre - disturbance protocol; Plant and bird surveys if appropriate Record -keeping of activities See Encroachment. Vegetation transects; collaboration with NROC monitoring 57 Docusign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCF B Status of target invasi species Status of covered species Trail condition Unauthorized activity Annually and 5-year Summary report for 5-year control; Annual report for control results As required Annual report Quarter to continuous Annual report Annual Annual report Continuous Annual report; direct communication as needed Digital mapping of net and gross area controlled by species; Aerial survey Partnerships; NROC Record -keeping of informal observations; targeted monitoring for key projects Camera trap data; public program records; trailside vegetation transects Trailside vegetation transects and quadrants, trail dimension and photo - monitoring; direct mapping Remote wildlife and access cameras (Field Operations) The Conservancy will compile and produce Work Plans and provide a comprehensive Annual Report to the City for delivery to NROC of management actions, status of targets, and compliance, based on surveys described in this proposal and available cata. NCCP compliance is generally documented through the Annual Report and Work Plan submitted to NROC. The Conservancy has been compiling this report for several landowners since 2007 and annually develops a work plan for public programs, infrastructure planning and maintenance, and natural resources management. The Conservancy will continue this activity under the Operations Plan, including compiling information from all City facilities subject to NCCP. FIRE While the natural communities of the Reserve are adapted to fire, they have evolved with a fire frequency markedly different than that experienced currently. Fires historically returned at ar interval of 60-150 years with primarily natural causes of ignition. A devastating wildfire swept through the Laguna Beach area just southeast of Newport Beach in 1993, leaving a wake not only of charred homes, but also of destroyed habitat for target species such as the coastal cactus wren and the California gnatcatcher. Based on records of fire perimeters further inland in the foothills of the Santa Ana Mountains, we estimate that large fires are occurring there at an interval of six-10 years. This frequency dramatically alters natural process and if not managed effectively, will quickly result in type -conversion of shrubland 58 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB and other native habitats to non-native grasslands with minimal biological diversity. Altered fire frequency is considered by most to be the single greatest threat to sustainability and ecological health of inland habitats, and its interactions with the other threats are significant as well. The risk of catastrophic wildfire is heightened in Buck Gully because of the large amount of urban edge habitat where most ignitions occur. To manage this critical threat, the Natural Communities Coalition (NCC, formerly NROC), with input from IRC, drafted a comprehensive Fire Management Plan for all NCCP lands, including Buck Gully. The plan includes and specifies appropriate actions for fire prevention, activities to occur during fire events, and effective remediation post -fire. The Conservancy will manage for fire consistent with this plan and assist the NCC with plan revisions and updates. The Conservancy has already established protocols that aim to reduce human -caused ignitions, especially during high wind events. Because most ignitions occur along roads and wildland edges, most of the effort will be allocated in these areas. The Conservancy's fire ignition analysis has identified "hotspots" of fire ignition risk, and proposes to use these locations to not only deploy Fire Watch volunteers, but to potentially engage in other activities as appropriate, such as prioritizing restoration activities to establish heavier fuels and eliminate ladder fuels in the areas most at risk for ignition. The Conservancy has on staff a full-time Fire Watch Coordinator to support preventive actions and manage volunteer deployment (see Section A/B for information on the Fire Watch program). IRC will continue to implement restoration activities within the Hazard Reduction Zones of Buck Gully, enhancing its utility as a wildfire barrier to bordering residential communities. These efforts will reduce the cover of flashy fuels prone to ignition in favor of drought tolerant but fire resistant native plants. Additionally, IRC will continue to coordinate with the Newport Beach Fire Department on annual fuel reduction activities in the HRZ. Fuels reduction activities, consisting largely of string trimming flashy fuels and other vegetation, will continue to be led by the Fire Department and their chosen contractors. Other useful measures the Conservancy will pursue include developing coalitions of stakeholders on the wildland fire issue through the organization's broad relationships in the community. The Conservancy has existing strong regional relationships, such as with Orange County Parks, OCFA, NROC/NCC, the Transportation Corridor Agency (TCA) and OC Transportation Authority (OCTA) which will assist in this objective. The Conservancy currently facilitates a Fire Prevention Working Group with executive management of each of these agencies to collaborate on preventing fire. Topics we will continue to build consensus on and develop strategies for include: fire -hardening roads, strategic clearing of vegetation and creating fuel breaks along roadsides and pullouts adjacent to natural areas, working to ensure transmission lines do not pose a high risk from bird ignitions or sparking, and ensuring that fire authorities have the flexibility, authority and necessary support to reduce the risk of fires and stop ignitions from spreading. Le. ,. e,;:•(:.,;:r Cr:' ..., r'cs;..,a«.59 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB The Conservancy has several staff members with more than five years experience serving as resource advisors to fire agencies on major fire events, including the 2007 Santiago Fire, the 2007 Windy Ridge Fire, and more than a half dozen other minor incidents. The Conservancy has three staff members that carry S -130 S-190 "red card" certification, and strong, active relationships throughout the command structure of OCFA. One Conservancy staff member is an OCFA reserve firefighter. The Conservancy believes strongly that due to the overwhelming stress of too -frequent fire on the entire ecosystem and associated target species, fire suppression in general should focus on maximizing the containment of fires. The Conservancy will offer services that are particularly useful in fire response planning, as well as corresponding user friendly maps applicable to fire response and post -fire remediation, if requested. The Conservancy will develop and maintain a database of fire history, sensitive resources, and dozer lines that is mutually shared and coordinated among partners and would be beneficial not just to responding to the threat of fire, but to monitoring and resource management for all the priority threats identified in the Integrated Adaptive Management Framework (Noss 2011) and outlined in this proposal. The Conservancy proposes to work with partners to develop a plan for management actions in response to fire that could significantly reduce the spread and impact of invasive species the first growing season after a fire. Post -fire, intact edges of coastal sage scrub habitat are particularly vulnerable to colonization by adjacent degraded ruderal grasslands due to the lack of shade otherwise provided by shrubs. A coordinated effort among partners to shift resources specifically to the effort of thwarting an "invasive front" into intact patches in priority areas could have significant ecological benefits post fire, including the accelerated recovery of habitat. The Conservancy maintains representation on both the NCC technical advisory committee and its Land Management Committee. Staff will meet regularly with partnering land owners, land managers, and NCC and land owner ecologists from NCC, TNC, State Parks, USFS, and OC Parks to share and discuss monitoring results on projects, identify opportunities for collaboration, and make recommendations/modifications to management plans, conceptual models and management activities to thwart the impacts of fire. If a fire does occur in the Reserve, IRC staff will conduct and submit a post -fire assessment to the City, including digitization of the fire perimeter and a summary report on impacts to natural and recreational resources. Staff time for unexpected events in excess of 20 hours per year will be re -allocated from other areas of the Operations Plan. Adequate responses to large fires may require additional funding (e.g., habitat restoration, slope stabilization, etc.) to be scoped by the Conservancy and then approved by the City to implement appropriate :a J,`.^,r'3ci� S 60 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-SEAFCB91BCFB management actions. The Conservancy will report all fire preventiorj and management activities in annual reports. Lland Management Operations Plan 61 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91BCFB E. PLANNING, INFRASTRUCTURE AND OPERATIONS The Conservancy will support City of Newport Beach's long-term planning, infrastructure and operations of the managed Reserve identified by the City by performing the following services: MANAGEMENT OF VISITOR FACILITIES Under the Operations Plan and Management Fee, the Conservancy will provide design and/or design oversight, coordination of Reserve management activities with city -authorized activities and infrastructure improvements, coordination of Reserve management activities with city -authorized activities and infrastructure improvements, and day to day routine maintenance and repair services (as described under "Light Routine Custodial and Maintenance Services" below) of freestanding trailhead information kiosks, trails, gates, signage and other visitor -serving facilities consistent with applicable provisions of the NCCP, RRMP, applicable design standards, and within the abilities and capacity of Conservancy staff and volunteers. These services and facilities do not include the City -maintained paved road and associated cement bridge at the 5th & Poppy Avenues trailhead, Reserve -adjacent landscaping/fuel modification zones or water quality improvement activities in Buck Gully Creek. The City and Conservancy will develop an Annual Work Plan and Budget for any large capital improvement projects by Jan. 30 each year that summarizes the scope and identifies a budget for all work to be performed during the following Fiscal Year beginning July 1. These documents are to coincide with the annual NCC report and their due dates are to remain consistent with the NCC report, should it change. Trail structures such as bridges and culverts will be maintained in accordance with US Dept. of Transportation, Federal Highway Administration (FHWA) Recreational Trails Guide standards and/or the American Association of State Highway and Transportation Officials (AASHTO) Guide for Recreational Trails Development standards. Facilities that are authorized in the RRMP are deemed approved for implementation in this Operations Plan within the City's managed Reserve. All design and construction must adhere to all applicable laws, ordinances, regulations, and standards for work conducted on City property. 62 DocuSig n Envelope ID 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB An overview of the major existing/planned field components as of 2016 includes: Trailheads (Number of Existing) : 5ti & Poppy San Joaquin Hills Rd & Bobcat San Joaquin Hills Rd & Buck Gully Trails/Roads (Existing Mileage 2016 Approx.): Single 1.85 Double Track 0.0 Utility 1.83 Paved 0.09 Total 3.77 Trails/Road (Planned/Potential Mileage Est.): Single Track 0,0 Double Track 0.0 Utility 0.0 Paved 0.0 Total 0.0 Bridges/Structures (Existing): Buck Gully Trail 3 Bobcat Trail 1 Bridges/Structures (Planned/PotentlaI): Retaining walls As needed 1 1 1 * No new capita improvements are funded by the management fee, but may be added as extra work services. PLANNING AND ENTITLEMENT SERVICES Upon request or anticipated need of the City, the Conservancy will provide up to fifty(50) hours of consultation support, management and expertise on Reserve planning and entitlement of visitor facilities and trails, including consulting and advising on the consistency of Reserve rules and policies, planned and active visitor experiences, and permitting requirements, with regulations and terms under the NCCP, deed restrictions, approved RRMP, adjacent development piers, and other applicable laws and conditions. The estimated number of hours is an allowance, as need for these types of consultations vary from year to year depending on the City's direction, potential changes n NCC 63 DocuSign E nvelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB requirements, response to weather conditions, unauthorized access, vandalism, fire and similar occurrences outside of the Conservancy's control. Any funds not used to support these types of consultation services will be reallocated to other needs under this section of the Operations Plan. The Conservancy will ensure that land management activities on the Reserve, facilities and infrastructure under its direct management and supervision are implemented consistent with the approved RRMP and NCCP terms and conditions, and applicable laws, ordinances, regulations and standards for work conducted on City property. When necessary and appropriate, the Conservancy will manage Reserve lands consistent with adjacent park facilities and other adjacent Reserve lands, such as for hours of operation. In the case of irreconcilable inconsistencies between this Operations Plan and other adjacent Reserve lands and policies, the requirements/provisions of this Operations Plan and the RRMP shall take precedence. ANNUAL REPORT AND WORKPLAN FOR NCCP COMPLIANCE On behalf of the City, the Conservancy will prepare a draft of the Annual Report and Work Plan as required by NCCP for submittal by the City to the Natural Communities Coalition (NCC, formerly the Nature Reserve of Orange County). The draft will be submitted by the Conservancy to,the City no later than 2 weeks prior to the date when the final report is due to NCC and will be prepared in the format required by NCC for submittal by the City. The Conservancy will cooperate with the City to finalize the content of the Annual Report and Work Plan for submission by the City to NCC. LIGHT ROUTINE CUSTODIAL AND MAINTENANCE SERVICES The Conservancy will provide routine custodial and maintenance operations support to the City resulting from everyday regular and authorized use of the Reserve, as follows: • Natural surface trail maintenance (not including large-scale or facility -wide grading and erosion damage remediation, which are considered major and are the responsibility of the City, as noted below) such as: o installation of minor drainage features, erosion prevention features, and/or temporary trail structures as required; ry o minor trail realignments if deemed necessa of the NCCP, the RRMP, applicable design st capacity of Conservancy staff and volunteer o identification and remediation of acute and/ as required; o grading and/or drainage modification on trai scale problems and to ensure effective funct o regular maintenance of all authorized single o removal of invasive plant species by applicat by IRC on single track trails as r , consistent with applicable provisions andards, and within the abilities and s; or small-scale erosion problems on trails Is to resolve emergency or acute small - ion; track trails as required; tion of herbicide or manual extraction as equired; DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB o annual side and overhead trimming of trails when deemed needed by the Conservancy; o trailside vegetation planting and restoration to repair damage and help manage and control unauthorized use; o closure of up to 100 linear feet measured cumulatively each year of casual or unauthorized trails or shortcuts; preferred methods of closure are by trailside vegetation plantings, "vertical mulching", passive restoration and/or temporary fencing and signing deemed appropriate by the Conservancy. • Seasonal mowing of or herbicide application to up to four (4) times annually on single track trails if necessary; • Seasonal litter removal from trails and adjacent areas including trash associated with special events conducted or managed by the Conservancy on behalf of the City, excluding trash or dumping on the paved road at 5th & Poppy Avenues; homeless encampments; • Emergency repair of signs and gates including change -outs & touch-ups; • Maintenance and repair of gates, kiosks, signage, benches and other similar trail facilities due to regular wear and tear (not vandalism); • Opening/closing of gates associated with Conservancy -managed activities; City staff is responsible for opening and closing gates associated with weather closures and City - managed activities; • Temporary closure of trails due to hazardous conditions such as trail work; • Management of seasonal trail condition information program for natural surface trails within the Reserve. IRC will notify City staff (Park Patrol and Recreation Supervisor) when closure recommended and City staff will implement the closure with temporary signs as well as by updating the Mudline. City of Newport Beach shall have responsibility for non -routine and unscheduled heavy and/or large-scale maintenance resulting from long-term use, damage from unauthorized use or from unforeseen events such as storms, fires, earthquakes, vandalism or malicious mischief. IRC will communicate with the City's Operations Support Supervisor regarding these types of maintenance are required in Buck Gully. City may engage Conservancy to perform or oversee such work as an extra work service, but the cost of these services is not budgeted in the annual Management Fee, These include: • Storm or fire damage cleanup and major trail rehabilitation and repair; • Damage due to urban runoff, malfunctioning irrigation or other drainage issues with a source outside of the Reserve; • Repair of drainage structures such as v-ditches, culverts, flumes, etc. that drain sources outside the Reserve; • Major trail erosion (beyond small-scale or "spot" repairs of erosion 1-2 inches deep) and damage remediation/reconstruction requiring the use of mechanical equipment; • Remediation and cleanup of illegal dumping; homeless encampments; DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB • Replacement or major repair of visitor facilities, such as kiosks, gates, locks, perimeter fencing (runs longer than 100 linear feet* in a single repair), signs and similar facilities; • Fuel modification and firebreak maintenance adjacent to Reserve; • Patching and repair of paved surfaces (concrete and asphalt), re -striping of pavement, weed abatement, and mechanical sweeping associated with the paved access roads near trailheads; • Large-scale closures of unauthorized trails or other impacts from public use where the needed physical closure action exceeds 100 linear feet measured cumulatively each year;* • Replacement or major repair of bridges and bridge abutments. * Based on extensive trail maintenance experience, 100 linear feet is a reasonable cutoff for what might be considered a minor repair rather than a major repair. INFRASTRUCTURE AND ACTIVITY MONITORING Provide regular, ongoing field monitoring of the lands within the Reserve for the purpose of observing activities and the conditions of the habitat, facilities and trails due to public access and use and for compliance with the terms and conditions of NCCP. Conservancy staff may be assisted by volunteers in this effort. Field personnel will (1) assist in protection of natural resources by documenting inappropriate activities, encroachments or impacts, (2) check the status of gates and locks, (3) deliver information on trespassing and other unauthorized activities to Newport Beach Park Patrol immediately. To document the Access & Trail Monitoring Program initiated by the Conservancy consistent with monitoring requirements of NCCP, the Operations Plan includes one third- time equivalent (1/3 FTE) monitoring technician to manage, organize and analyze digital images and data for City of Newport Beach access monitoring programs. Images will be maintained at all times on a cloud -based server and will be made accessible to authorized City of Newport Beach, Park Patrol, and Conservancy personnel. If the City would like to maintain its own duplicate storage system, City staff will provide the Conservancy a digital link to a server and provide Tong -term archival storage and backup of all digital photo files on City servers as desired by City. Conservancy will procure all data collection materials and equipment (cameras, data cards, batteries, locks, mounting posts, etc.) as part of routine management services. The Conservancy will maintain and monitor keys, combinations, gates and access controls for activities associated with the managed lands of the Reserve, and will provide designated City staff and Reserve Patrol officers with copies of codes, keys and any other necessary information for access. The Conservancy will make changes to keys or codes in order to maintain secure access controls, and will inform City staff and Park Patrol of any changes in codes or keys 24 hours in advance of making such changes. r, r ,:a;�='� :,� D: r�t:...> , .r• 66 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB ENFORCEMENT AND PUBLIC SAFETY The Reserve has seen a dramatic increase in visitation since 2012. This expanded use has brought with it an increased need to manage behavior and impacts of visitors on the Reserve. Enforcement of ordinances, codes and other applicable local, state and federal laws and/or regulations pertaining to the protection and use of the Reserve and is the sole responsibility of the Newport Beach Police Department, their officers, and designated officers of Park Patrol. Park Patrol Officers will practice progressive enforcement with an emphasis on education and information, with citations issued if necessary to discourage unauthorized activities or habitat and trail damage. Visitors and trail user groups will be encouraged by Conservancy staff and volunteers to participate in "self monitoring and policing" programs to minimize instances of off -trail activities and other impacts to habitat, trails and other resources within the Reserve. Newport Beach Police Officers and Park Patrol will issue citations for violations of applicable Ordinances of the City's Municipal Code. The NCCP permit to which the City is a signatory and permit holder contains provisions for managing public access in a progressive manner (Section 5.8.3 See Exhibit C). These include information and education, self policing by users, limited closures to reduce impacts, and issuance of citations and fines. The NCCP states that fines levied for damage to or misuse of the Reserve facilities (habitat, trails, Reserve structures, fences, gates, introduction of domestic animals, etc.) are to be sufficient to discourage repeat occurrences. Upon recommendation by the Conservancy and with concurrence of City staff, the NCCP also provides the authority for repeated misuse by multiple users to result in temporary closure of trails and entire Reserve areas to allow for the recovery of impacted areas. Such temporary closures also serve to educate users on the importance of following the rules and regulations of the Reserve and the importance of staying on trails. Because the Reserve has been set aside for the purpose of biological conservation with compatible passive recreation, temporary closures will be for the purpose of recovery and restoration of natural resources. The City will maintain sufficient Park Patrol capacity to ensure thorough coverage of self - guided trails and areas during open hours, as well as for emergency response during non - open hours. Coordination of Park Patrol Officers with uniformed officers from the Newport Beach Police Department will support Park Patrol personnel monitoring the Reserve, and will allow management of any activity beyond the responsibility of the Park Patrol officers. The Park Patrol officers will coordinate on an ongoing, regular basis with Conservancy staff and volunteers in the field. In general, scheduling of the Park Patrol will be configured to maximize their presence in areas of greatest need and during periods of heavy public use. In particular these periods ;:.i:,r, 67 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91 BCFB are generally on Saturdays, Sundays and holidays, and during the spring months. The Conservancy and Park Patrol will collaborate as needed during periods of heavy visitation on the recommended schedule for patrolling. The Conservancy's access monitoring program will aid in creating the most efficient schedule of patrols. Data from the digital image collection, site observations by staff and volunteers, and historic knowledge of past patterns of activity will be used to develop the patrol schedule. Similar coordination by the Conservancy with OC Parks Rangers on County lands has resulted in a 135% increase in patrol efficiency and public contact. A monthly patrol log will be maintained by each officer in the Park Patrol Unit. The patrol log will document all contacts, enforcement dispositions and observed maintenance needs. The patrol log information will be shared on a routine basis with staff at the Conservancy to maintain close coordination between monitoring and patrols. The patrol information will also be incorporated into annual reports prepared by the Conservancy for the City and for NCCP compliance purposes. DocuSign Envelope ID. 1EA991EF-6C53-49EA-833F-SEAFCB91BCFB F. EXTRA WORK SERVICES From time to time and at its sole discretion, the City may request extra work services from the Conservancy for activities or projects that are not part of the Scope of Services outlined in this Operations Plan for the Buck Gully Reserve. These items would be performed only at the specific request of the City. The Operations Plan and Annual Management Fee for Basic Management Services do not include or allocate funding to these extra work services, but the agreement would authorize them as eligible services under the Contract, subject to budget approval through either the City's annual budgeting process or supplemental budget approval. Extra work services may be contracted on a time -and -materials basis. Core Management Services in the Operations Plan are fully covered by the comprehensive Annual Management Fee and are not subject to time and materials rates or additional charges unless specified in the Operations Plan and Cost Proposal. The following Labor Rate Schedule applies only to extra work services, and contains the standard rates at which the Conservancy will bill for such services. 1. Current Rate Schedule: The following rates are effective for FY2015-16. These rates may be updated by the Conservancy annually, The Conservancy will provide City with an updated schedule without delay as rates are modified. Rates for ongoing extra work services will be applied at the schedule for the year initiated and may be adjusted consistent with the terms of the Agreement for Contract Services. 2. Reimbursable Expenses: direct expenses related to providing extra services such as required field equipment, supplies, rentals, perishables, etc. are purchased directly by the Conservancy and invoiced on a cost -reimbursable basis. These reimbursable costs will be outlined in any written proposal to the City for extra services. Exceptions to this policy may only be approved by the Director of Recreation and Senior Services. 3. Subcontracts or Specialized Services: The Conservancy may engage subcontractors to provide highly specialized services or capacity beyond established organizational capacity. Such subcontracts may include but are not limited to specialized biological surveys, specialized trail work, heavy equipment operation, data analysis, scientific review, specialized public tour provision, and weed or invasive species control. Costs for subcontractors will be identified and included in proposals for extra services. con 69 DocuSign Envelope ID: 1 EA991 EF-6C53-49EA-833F-5EAFCB91BCFB Irvine Ranch Conservancy Labor Rate Schedule for FY 2015-16 Position - Job Classification Job WC Class Cae_oCede Hourly Rate Department Director Senior Program Manager Program Manager Project Manager Field Supervisor/Project Coordinator Field Technician/ Interpretive Specialist Field Crew 01. 02 03 04 05 0042 0042 $181 $158 0042/8810 $140 0042 $115 0042 $97 06 0042 $86 07 0042 $64 70 DocuSign Envelope ID: 1EA991EF-6C53-49EA-833F-5EAFCB91BCFB ANNUAL MANAGEMENT FEE The annual Management Fee below would begin on July 1, 2016, and is based on a comprehensive approach for the Scope of Services requested by the City of Newport Beach and included in the Buck Gully Reserve Operations Plan, Additionally, the Management Agreement contract contains an annual escalation clause of the greater of three percent (3%) or the year over year growth in the Consumer Price Index (CPI) throughout the contract term. This Fee assumes Irvine Ranch Conservancy will provide all the services, equipment, supplies and other expenses associated with the Operations Plan, including the addition of Fire Watch services and the Healthy Habitats Restoration & Modification program. The Fee includes only direct expenses plus the Conservancy's regular 25% overhead rate, which is at or below industry standard. Section of Sco.e Annual Fee Visitor Services, Volunteer Training, Management and Deployment Communications and Public Outreach Natural Resource Management and Monitoring Planning. Infrastructure and Operations Volunteer Fire Watch Network. Healthy Habitats Restoration & Fuel Modification Program *Existing Services included in Current Management Fee * * New Services Requested By City $47,067.14* S10,838.57* $85,786.13* $70,773.88* S2,000.00* * S8,000.00** TOTAL $224,465.72 71 AMENDMENT NO. THREE TO MANAGEMENT AGREEMENT WITH IRVINE RANCH CONSERVANCY FOR THE BUCK GULLY OPEN SPACE RESERVE THIS AMENDMENT NO. THREE TO MANAGEMENT AGREEMENT ("Agreement") is made and entered into as of the 7th day of November, 2014, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and IRVINE RANCH CONSERVANCY, a California nonprofit corporation ("Manager"), and NEW IRVINE RANCH CONSERVANCY, a California nonprofit corporation ("Assignee"), whose address is 4727 Portola Parkway, Irvine, CA 92620, and is made with reference to the following: RECITALS A. On March 1, 2008, City and Manager entered into a Management Agreement ("Agreement") for management services related to the Buck Gully Open Space Preserve ("Project"). B. On July 1, 2011, City and Manager entered Amendment No. One to the Agreement to modify the Basic Management Services and adjust the total base Management Fee ("Amendment No. One"). C. On May 31, 2013, City and Manager entered Amendment No. Two to the Agreement to increase the scope of work, and to increase the total compensation ("Amendment No. Two"). D. Assignee has been incorporated to perform management services on open space lands, such as those related to Project. City desires to assign and transfer the scope of work and all rights and responsibilities under the Agreement to Assignee and Manager consents and agrees to the transfer to NEW IRVINE RANCH CONSERVANCY. E. City and Manager mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties that the Agreement is amended to reflect that the Manager hereforth under the Agreement is NEW IRVINE RANCH CONSERVANCY, with all of the rights and responsibilities under said Agreement. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] NEW IRVINE RANCH CONSERVANCY Page 1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S NEY'S OFFICE Date: By: r� A&6n C. Harp City Attorney ATTEST: Date: By: /cu. PI Leilani I. Brown City Clerk By: CITY OF NEWPORT BEACH, a California municipal corporation Date: 1L—t _ \-- By: Dave Kiff City Manager MANAGER: IRVINE RANCH CONSERVANCY, a California nonprofit corporation Date: ft-S—fv MichaelO' onnell Executive Director Date: // `7 2 _l y By: �Z Gray Halvorsen Secretary ASSIGNEE: NEW IRVINE RANCH CONSERVANCY, a California nonprofit corporation Date: fr-5--/y By: �iC�i�`�"�"C Michael O'Connell Executive Director Date: ///t10Y By: Assistant Sec etary [END OF SIGNATURES] NEW IRVINE RANCH CONSERVANCY Page 2 AMENDMENT NO. TWO TO MANAGEMENT AGREEMENT WITH IRVINE RANCH CONSERVANCY FOR THE BUCK GULLY OPEN SPACE RESERVE THIS AMENDMENT NO. TWO TO.MANAGEMENT AGREEMENT ("Agreement") is made and entered into as of the 3)C Ti-day of May, 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and IRVINE RANCH CONSERVANCY, a California nonprofit corporation ("Manager"), whose address is 4727 Portola Parkway, Irvine, CA 92620, and is made with reference to the following: RECITALS A. On March 1, 2008, City and Manager entered into a Management Agreement ("Agreement") for management services related to the Buck Gully Open Space Preserve ("Project"). B. On July 1, 2011, City and Manager entered Amendment No. One to the Agreement to modify the Basic Management Services and adjust the total base Management Fee ("Amendment No. One"). C. City desires to enter into this Amendment No. Two to increase the scope of work, and to increase the total compensation. D. City and Manager mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Pursuant to Article IV, Section 4.3 of the Agreement, "Modification of Management Services", the Scope of Services performed by Manager shall be supplemented to include the Water -Wise Native Revegetation Demonstration Within the Hazard Reduction Zone of Buck Gully Reserve, attached hereto as Exhibit D and incorporated herein by reference. 2. MANAGER'S COMPENSATION Manager's compensation for said additional services shall not exceed Fifteen Thousand Dollars and No Cents ($15,000.00) without prior written authorization from City, payable according to the timeline set forth in Exhibit D ("Total Additional Compensation"). No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. IRVINE RANCH CONSERVANCY Page 1 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] IRVINE RANCH CONSERVANCY Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTQRNf1 S OFFICE Date: • `Iliti I) By: Aaron C. Harp City Attorney ATTEST: Date: 7.3• 0 By: Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: "11412 i By:��— fl� Dave Kir City Manager CONSULTANT: IRVINE RANCH CONSERVANCY, a Califomi9 nopprofit corporation Date: (/7.S/707.3 Michael ©'Connell Executive Director Date: By: J• n Flynn Secretary [END OF SIGNATURES] Exhibit D — Water -Wise Native Revegetation Demonstration Within the Hazard Reduction Zone of Buck Gully Reserve IRVINE RANCH CONSERVANCY Page 3 EXHIBIT D WATER -WISE NATIVE REVEGETATION DEMONSTRATION WITHIN THE HAZARD REDUCTION ZONE OF BUCK GULLY RESERVE CITY OF NEWPORT BEACH IRVINE RANCH CONSERVANCY Page 4 Water -Wise Native Revegetation Demonstration within the Hazard Reduction Zone of Buck Gully Reserve, City of Newport Beach Background The Buck Gully Reserve encompasses 300 acres of high quality coastal sage scrub and riparian habitats within the City of Newport Beach. These habitats support a high diversity of native plants and animals, and provide superb aesthetic and recreational value to nearby residents and park users. Sustaining the habitat quality and aesthetics of Buck Gully, however, requires sound resource management. Several management challenges exist at Buck Gully, particularly controlling the spread of exotic plant species into the reserve from required fire breaks and reducing the influx of urban runoff into the Reserve and out to the ocean. The Habitat Assessment and Review of Fuel Modification Areas within Buck Gully Reserve (IRC, 2012) identified land management strategies to address these challenges.. The report outlines measures to increase the habitat value of the Hazard Reduction Zone (HRZ) along the northwestern edge of the Reserve, reduce its influence as a source of invasive species into the Reserve, and enhance its utility as a wildfire barrier to bordering residential communities. Through replacing shallow -rooted exotic species with deeply -rooted, drought tolerant native plants, we expect the amount of water reaching the stream and ocean to diminish significantly. Here the Irvine Ranch Conservancy (IRC) proposes the creation of a demonstration site within a highly visible section of the HRZ to demonstrate these measures and their outcomes, The goals of the demonstration are to: 1. Educate local residents about the benefits of well maintained native vegetation to habitat, water conservation, and property protection. 2. Provide opportunities for hands-on training in the proper removal of non-native vegetation and use of drought tolerant, evergreen native plants. 3. Showcase the aesthetic value of planting Fire Authority approved native species. Proposed Demonstration To meet these goals, the proposed demonstration will showcase: 1. Proper control and removal of invasive and combustible ornamental plants • Non-native annual grasses will be mechanically mowed in late spring to minimize spread of seed. • Iceplant and other long-lived exotic herbaceous vegetation will be hand -pulled and discarded offsite. • Woody vegetation (Brazilian peppertree, juniper, and cypress) will be stump cut and treated with approved herbicide. • Annual grasses may be sprayed with approved herbicide as part of site preparation. • Removal of existing vegetation will likely require some contractor work both because of the difficulty in removing material and maximizing safety, IRC will provide volunteers to plant and maintain the new plantings. In order to reduce the cost, where feasible IRC may start with volunteers in the removal effort. 2. Replacement of invasive and ornamental vegetation with attractive, fire resistive, and drought tolerant perennial native plants. • Space cleared of non-native vegetation will be replaced with: • Native evergreen shrubs (1-gallon containers or smaller) planted at low density (i.e. at least 15 feet between shrubs), See Plant Palette for species list. • Perennial herbs, bunch grasses, and ephemeral wildflowers that will form a colorful and diverse groundcover. Herbaceous vegetation will be installed as either small plugs (spaced 3-4 feet apart) or as locally collected seed. • Container plants will be planted after the first winter rains of 2013 to maximize the use of rain -fed water. Seeding will begin in the fall of 2014 following one year of non-native vegetation removal effort. 3. Site Maintenance • Supplemental hand watering will occur as needed depending on rainfall. Native plants chosen should require very little supplemental watering during the first year of establishment only. As a result, no irrigation system will be installed. ✓ Dead plantings will be replaced as discovered. • Additional non-native vegetation removal will occur periodically post planting by staff, contract, and public though IRC sponsored programs. 4. Outreach • Conservancy staff will work with City staff to develop an appropriate general public awareness campaign about the project. Communication will be established either face to face or via a phone call to the resident living adjacent to the selected project outlining the invasive removal and the benefits to the gully, water conservation, and fire protection. • In the second year of the project, an interpretive sign will be placed along the trail to explain and highlight features of the demonstration. The sign will showcase the benefits of installing well maintained native plants toward water conservation, habitat enhancement, and fire prevention. The sign will measure approximately 18x24 inches and will be supported by a wood or metal pedestal stand. ✓ An outreach event will also be planned for the spring of 2014 to educate residents living along the HRZ about the demonstration and its purposes. Practical guidance and materials will be made available for resident to replicate dernonstration activities elsewhere in the HRZ. Proposed Location(s) Two, approximately 1 acre sections of the HRZ were identified for the proposed demonstration. Both areas had greater than 90% cover by non-native vegetation, are classified as disturbed (i.e. >50% cover of invasive species), are in close proximity to high quality native vegetation, and are directly adjacent to a residential community. A degraded area immediately between preferred location (Area A) and the trail will be restored to native vegetation with available management and volunteer resources (Restoration area not indicated on Map). 1. Preferred location (Figure 1, Area A) - Covered by a mixture of exotic vegetation, primarily ice plant that extends down slope to the official trail. Some invasive trees are present (e.g. Brazilian peppertree). The proposed demonstration area is in clear vlew from the main trail such that trail users will have an unobstructed view of the project (see photos). An interpretive sign will be placed along the trail to explain and highlight features of the demonstration. 2. Alternative location (Figure 1, Area B) - Covered by a lower density of non-native vegetation but greater number of highly combustible exotic trees and shrubs (Italian cypress, juniper, myoporum, tumbleweed). Not readily visible from the existing trail so public exposure to demonstration will be lower. No interpretive sign would be installed directly at this location but a sign could be installed at the trail entrance. Project Timeline Demonstration activities will begin in the late spring or early summer of 2013 with exotic vegetation removal, followed by native container and plug plantings in the winter, supplemental watering, and seeding with natives in fall of 2014. Once installed, four years of maintenance, including non-native vegetation removal and native plant replacement will occur (not shown on timeline). Non-native vegetion removal (mow) Non-native vegetion removal (herbicide) Native container & plug planting Non-native vegetion removal (hand -pull) Supplemental watering Native seeding J ui-1i Oct-13 Jan-14 Apr-14 Jul-14 Oct-14 Jan-15 Plant Palette All plants listed below are included in the Newport Beach Fire Department's Fire Resistive Plant List or will otherwise be discussed with the Fire Authority before being used in the demonstration. All species are drought tolerant and will require minimal supplemental watering. Species Name Common Name Life Form Source Baccharis pilularis Coyote bush Shrub Container Bloomeria crocea Golden stars Perennial herb Seed Croton californicus California croton Perennial herb Seed Dichelostemma ca.itatum Blue dicks Perennial herb Seed Encelia californica California sunflower Shrub Container Epilobium canum California fuschia Perennial herb Container Eschscholzia californica California poppy Perennial herb Seed Eucrypta chr santhemifolia Common eucrypta Perennial herb Seed Grindelia camporum Gum plant Perennial herb Seed Heliotropium curassavicum Salt heliotrope Perennial herb Plu. & seed Heferomeles arbutifolfa Toyon Shrub Container Isocoma menziesii Coast goldenbush Shrub Container Keckiella cordifolia Heart -leaved penstemon Perennial herb Container Lessingia filaginifolia Comon sandaster Perennial herb Plu. & seed Malacothrix saxatilis Cliff aster Perennial herb Seed Malosma laurina Laurel sumac Large shrub Container Mirabilis !Bevis Wishbone bush Perennial herb Seed Opuntia Oxalis Prickly pear cactus Shrub Container Plantago create Dwarf plantain Annual herb seed Pseudognaphalium ramosissimum Pink everlasting Annual herb Seed Quercus berberidifolia Scrub oak Shrub Container Rhamnus ilicifolia Holly -leaved redberry Shrub Container Rhus integrifolia Lemonade berry Large shrub Container Ribes speciosum Fuchsia -flowered gooseberry Shrub Container Salvia columbariae Chia Perennial herb Seed Scrophularia californica California figwort Perennial herb Plug & seed Sisyrinchium bellum Blue eyed grass Perennial herb Plu. & seed So nu xanti Chaparral nightshade Perennial herb piu, & seed Symphoricarpos molds Spreading snow berry Perennial herb Container Budget The budget includes costs for specific tasks and materials to create the proposed demonstration. Costs associated with outreach, oversight, management of the revegetation project, and some maintenance and overhead are provided as in -kind. Activity Cost SITE PREPARATIONJYR 1) Labor ($30/hr x 40 hrs x 2) $2400 Supplies/Ect pment $500 PLANTING (YR 1) Labor ($30/hr x 40 hrs) $1200 Plants (700 1 gal at $5; 500 plugs/liners at $0.75) $4000 Seed (72 lb (ac x $4011b; 241b live seed) $960 Supplies/Equipment $500 MAINTENANCE (YR 2-5) Labor ($30/hr x 66 h ) $2000 Supplies/Equipment (incl. water) $700 GENERAL (YR 1-5) Monitoring, management, outreach and oversight In -kind Office Supplies $200 Interpretive Sign $300 Travel est. 24 trips $1000 SUBTOTAL Overhead (8.3%) TOTAL $13,760 $1,240 $15,000 Figure 1. Proposed Demonstration Areas (A and B). Legend Trails --i•i Tralla E i 100tt HRZ © alai; Gully pZ MGGP!HCP Reserve Boulaary hk Area A Photos View of demonstration area from trail facing southwest. View of demonstration area from trail looking directly upslope. View of demonstration area from trail facing northeast. View through the center of the demonstration area facing south. FIRST AMENDMENT To Management Agreement between the City of Newport Beach and Irvine Ranch Conservancy THIS FIRST AMENDMENT TO MANAGEMENT AGREEMENT (the "First Amendment") is made and entered into as of July 1, 2011 by and between the City of Newport Beach, a municipal corporation ("City") and the Irvine Ranch Conservancy ("Manager"), for the purpose of amending the written "Management Agreement" entered into between City and Manager on March 1, 2008, (the "Agreement"). 1. The Basic Management Services described in Section 1.1(a) of the Agreement, and identified on EXHIBIT B, shall be modified as described in EXHIBIT C attached to this First Amendment. Manager hereby confirms that the Project Director (Executive Director) has approved such modifications to the Basic Management Services as required by Section 1.3(a) of the Agreement. 2. Pursuant to Section 3.4(a) and consistent with Section 4.3 of the Agreement, commencing with the first quarterly invoice on July 1, 2011, the annual Management Fee shall be modified to $185,000 to compensate Manager for routine services related to the oversight and maintenance of the Buck Gully Nature Preserve and construction and maintenance of the trail system as described in EXHIBIT C. Commencing July 1, 2011, this fee shall become the base Management Fee and shall be subject to the annual adjustments set forth in Section 3.2 of the Agreement. 3. Except as set forth in this First Amendment, all terms, conditions, and provisions of the Agreement are unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Agreement to be executed by their respective duly authorized agents as of the date first set forth above CITY OF NEWP RT BEAC By: Its: Approved Attest: By: City Attorney 060)(4. CITY CLERK Page 1 IRVINE RANCH CONSERVANCY By: Its: Executive Director (IRC) By: Secretary EXHIBIT C Basic Management Services: Manager will provide management services described below (the "Basic Management Services") for the Managed Lands that include stewardship of the Managed Lands consistent with the Recreation and Resource Management Plan ("RRMP") approved January 6, 2010, under the Orange County Central Coastal Natural Community Conservation Plan (the "NCCP") to which City is a signatory and permit holder. Basic Management Services include field monitoring, habitat and natural resource management, regional coordination with adjacent open space land managers, assistance with fire and fuels management, public outreach, education and recreational programs, as well as volunteer management for stewardship and public access programs. Manager will procure, maintain and repair vehicles and equipment at Manager's discretion associated with the Basic Management Services. Trail and Infrastructure Installation: Manager will assist City in implementing a capital program of trail and infrastructure construction and installation funded by a State Parks Grant under Proposition 84 (the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006) and matched by the City, consistent with the terms and conditions of the approved RRMP. This includes planning, construction and installation of bridges, trail alignments, signs, kiosks and other preserve infrastructure funded by the Grant. Resource Management: Manager's duties will primarily consist of removal of invasive species and habitat restoration and similar activities designed to maintain and enhance the habitat value of the Managed Lands; seasonal surveys for priority weeds including but not limited to fennel, tree tobacco, artichoke thistle, garland chrysanthemum, castor bean, and pampas grass; targeted and urgent weed removal using contracted labor as funds permit and maximizing the use of volunteers; minor erosion control on trails, assistance with fire/fuel modification efforts by City including coordination with Newport Beach Fire Department on maintenance of hazard reduction zones and monitoring fuel hazard reduction for NCCP compliance and completion; natural resource monitoring under NCCP, including servicing remote wildlife cameras and database management of wildlife and human activity photos. Manager will compile and draft the NCCP Annual Report and Annual Work Plan for submittal by City to the Nature Reserve of Orange County ("NROC"), the coordinating body for the NCCP, by the annual deadline. Ongoing Routine Maintenance: After the trail system and infrastructure are installed and public access is improved and granted to the Managed Lands, Manager will begin the provision of light, routine custodial service resulting from everyday regular, authorized use of the Managed Lands as follows: Page 2 - Trail cleanliness: litter removal from trail areas; - Minor trail service, minor erosion remediation and prevention including: o annual mowing of trail centerlines; o installation of water bars and other erosion prevention features as required; o drainage control with temporary repairs to address safety concerns o removal of priority invasive plant species on trail alignments; - Touch-up paint, service and perform minor repairs on fences, locks and gates; - Install and maintain service of trail signage, trail kiosks, trail benches, trail shade structures, and similar trail facilities purchased by City; - Open and close gates and other public facilities associated with public access program activities; Surveillance monitoring of unauthorized use via remote cameras; reporting of patterns and trends to city and law enforcement; City has and will continue to have responsibility for heavy maintenance and for damage resulting from unauthorized use or events such as storms, vandalism or malicious mischief, including: - Trash removal from all staging area and trailhead receptacles; - Storm damage cleanup and major trail rehabilitation and repair; - Major trail erosion and damage remediation/reconstruction; - Oversight and maintenance of trailhead operations, including trash removal; restroom maintenance (both permanent and temporary restrooms) and repair - Remediation and cleanup of illegal dumping; - Installation and maintenance of staging area kiosks, booths and similar facilities - Replace/repaint fences, locks and gates Public Education and Recreation Programs: After the installation of the trail and preserve infrastructure system, Manager will establish and conduct public access tours and manage volunteers in the Managed Lands as set forth below. In coordination with City, Manager will establish the number, type (e.g., hiking, cycling, equestrian, bird - watching and other specialty tours), location, time of year (i.e. some tours will be seasonal), duration, date, time of day, number of participants, etc. for each tour. Manager will notify City in advance of any changes in the program schedule other than closures due to weather. Tours may be guided tours ("Guided" tours) or self -guided or unguided tours ("Open Access" tours). Manager will provide staff or trained volunteer docents to lead the Guided tours and relevant materials and oversight to the Open Access tours. All guided tours will be led by either paid staff of Manager or fully -qualified docents. Manager will endeavor to maximize the number of Tours led by volunteers. All public participants in scheduled Tours will be required to sign a liability waiver that names the City of Newport Beach among the beneficiaries of the waiver. In consultation with Manager, City may provide notice and information to the public regarding all of the tours and the tour schedule. Manager will also post notice and information through additional means, such as the Website (www.irlandmarks.orq) and printed materials. Manager will take, and for all purposes be in charge of, web -based Page 3 registration for all organized public access tours on behalf of City. Manager will serve as the point of contact for public access inquiries on the Managed Lands. Manager will refer interested parties and individuals to City for more information regarding the Managed Lands when necessary and appropriate. City will relay tour reservation requests and public inquiries for more information to Manager promptly. Manager will maintain any electronic registration tools and databases and will provide all data obtained, including reservations, attendance, participant feedback and demographic information to City in electronic format on request. Manager will recruit, oversee and manage volunteers as part of Manager's current volunteer program to conduct the tours and assist in field observations, habitat restoration and similar activities on the Managed Lands. Volunteers will be identified as Irvine Ranch Conservancy volunteers while working on the Managed Lands. In addition, Manager will: 1. Require that all volunteers sign a Volunteer Liability Waiver that names the City of Newport Beach among the beneficiaries of the waiver; 2. Offer training to keep volunteer and docent skills current, including: CPR and first aid, natural history knowledge, and field skills. CPR and first aid courses will be offered a minimum of two (2) times per year and other training will be offered as necessary and appropriate. Advance registration is required to participate in training courses; 3. Provide ongoing communication with volunteer docents through access to a volunteer newsletter and updates; 4. Recognize volunteer efforts through awards and an annual event; 5. Coordinate with volunteers and docents on other parts of the Irvine Ranch Natural Landmarks to develop public program opportunities. This includes encouraging volunteers on other parts of the nearby lands to become enrolled as volunteers on the Managed Lands and vice versa; and 6. Implement other volunteer criteria requested by City; provided, however, that any criteria requested by City which requires labor or costs to fulfill as opposed to information supplied solely by the volunteers (e.g. fingerprinting, background check) shall be included in the criteria only if City agrees to undertake and perform such work at City's cost. 7. Allow volunteers under Manager's supervision to access open space only upon approval of Manager. Page 4 Buck Gay Open Space Reserve ANAGEMENT AGREEMENT between THE CITY OF NEWPORT BEACH and IRVINE RANCH CONSERVANCY EFFECTIVE: March 1, 2008 TABLE OF CONTENTS Page ARTICLE I MANAGEMENT SERVICES 1 1.1 Management Engagement 1 1.2 Standards of Performance 2 1.3 Manager's Project Director; Manager's Agents 2 1.4 Professional Work Product 3 ARTICLE II TERM OF AGREEMENT 4 2.1 Initial Term 4 2.2 Option to Extend 4 ARTICLE III MANAGER'S COMPENSATION 4 3.1 Fees 4 3.2 Annual Adjustments 4 3.3 Payments 4 3.4 Other Adjustments to Management Fee 4 3.5 Reimbursable Expenses 5 3.6 Payment Upon Termination 5 ARTICLE IV SCOPE OF SERVICES 5 4.1 Duties of Manager 5 4.2 Progress Reports and Meetings 5 4.3 Modification of Management Services 6 4.4 Compliance with Laws and Agreements 7 4.5 Employees 8 4.6 Legal Action 8 4.7 Approval of Collateral Materials 8 4.8 Ownership of Improvements 8 4.9 Additional Land 8 4.10 City's Rights Reserved 9 ARTICLE V INSURANCE 9 5.1 Insurance Types 9 ARTICLE VI INDEMNIFICATION 10 6.1 Indemnification by Manager 10 6.2 Indemnification by City 10 6.3 General 10 6.4 Indemnification of Manager and City by Visitors 10 ARTICLE VII LIENS 11 ARTICLE VIII TERMINATION 11 8.1 Termination without Cause 11 8.2 Termination for Cause 11 8.3 Obligations Upon Termination 12 ARTICLE IX GENERAL PROVISIONS 13 9.1 Independent Contractor 13 9.2 Subcontracting 13 9.3 Notices 13 9.4 Waiver of Jury Trial 13 9.5 Mediation 14 9.6 Records 14 9.7 Assignment 14 9.8 Amendments and Written Consents 14 9.9 Counterparts 14 9.10 Governing Law 14 9.11 Remedies Cumulative 14 9.12 Nonwaiver 15 9.13 Severability 15 9.14 No Third -Party Beneficiaries 15 9.15 Incorporation of Exhibits 15 9.16 Oral Agreements 15 9.17 Approvals 15 9.18 Press Releases and Press Relations 15 9.19 Authorization 16 9.20 Time 16 9.21 Nonliability of Officials and Employees 16 9.22 Conflicts of Interest 16 9.23 Equal Opportunity Employment 16 9.24 Entire Agreement 16 LIST OF EXHIBITS A Depiction of Managed Lands as of Effective Date B Depiction of Managed Lands and Additional Lands C Basic Management Services D Schedule 1 — Preserve Management Schedule of Services Expenditures Checklist For: City of Newport Beach Buck Gully Agreement THE IRVINE RANCH CONSERVANCY Do Not Proceed to Next Step Until Answers Are Satisfactory Date Determination Initial Step 1. Determine if the expenditure is for an Improvement Activity ("IA") or a Preservation Activity (`PA"). If IA, go to Steps 2 and 3. If PA, go to Steps 4, 5, and 6. 4/10/08 PA CW Step 2. If the expenditure is for an IA, confirm that the owner of the property is one of the following: a public agency; the Trust; or a public charity (an "eligible donee"). If yes, expenditure is acceptable. If no, go to Step 3. Step 3. If the expenditure is for an IA, but the owner is not an eligible donee, confirm that the expenditure is on Easement Lands. If yes, expenditure is acceptable. If not, STOP HERE. DO NOT MAKE EXPENDITURE. Step 4. If the expenditure is for a PA, determine whether the land is Parklands or Wildlands. If the land is Wildlands, expenditure is acceptable. If Parklands, go to Step 5. 4/10/08_ WL CW Step 5. If expenditure is for a PA and the land is Parklands, determine owner. If the owner is an eligible donee, expenditure is acceptable. If the owner is not an eligible donee, go to Step 6. Step 6. If the expenditure is for a PA on Parklands and the owner is not an eligible donee, confirm that any benefit to the owner is incidental or tenuous.* If not, STOP HERE. DO NOT MAKE EXPENDITURE. Date: _ (Person approving must be an officer of the Conservancy) Expenditure checklist 4-15-08 , 2008 CCI:659219.1 MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT (the "Agreement') is made and entered into effective as of March 1, 2008 (the "Effective Date") by and between the CITY OF NEWPORT BEACH, a California municipal corporation ("City), and the IRVINE RANCH CONSERVANCY, a California nonprofit corporation ("Manager"). RECITALS A. City owns an open space parcel of land of approximately 342 acres located within the City of Newport Beach known as "Buck Gully" which is part of the Orange County Central Coast Natural Communities Conservation Plan ("NCCP") Reserve and is depicted on Exhibit A attached hereto (the "Managed Lands"). B. City desires to provide public access to the Managed Lands while protecting the natural and biotic resources therein, and desires to retain a manager to (i) assist in the development and implementation of plans and policies regarding the provision of such access, the long-term protection of natural resources, the performance of habitat restoration and other matters relating to the operation of the Managed Lands and trail systems located therein, and (ii) manage and administer the Managed Lands in accordance with the policies adopted by City for the operation of such property. C. City also desires Manager to oversee the preparation of a comprehensive Resource and Recreational Management Plan ("RRMP") for the Managed Lands for City, which will include recommendations for long-term habitat restoration, maintenance and public access. In addition, City desires Manager to prepare a proposed capital program (for restoration and public access) for the City's review and approval. D. Manager is a nonprofit entity engaged in, among other things, preserving, restoring and managing natural resources and providing public access and educational programs on the Nature Reserve of Orange County in Orange County, California. The Buck Gully Open Space Reserve is included in the Nature Reserve of Orange County. E. City and its City Council desire to retain full control over all major policy decisions involving the Managed Lands, and seek to retain Manager to serve as a consultant and contractor to City in accordance with the terms of this Agreement, and Manager desires to perform such services for City. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the terms, conditions, covenants and obligations contained herein, City and Manager agree as follows: ARTICLE I MANAGEMENT SERVICES 1.1 Management Engagement. (a) City hereby engages Manager to perform, for all of the Managed 1 Lands, the management services identified on Exhibit B attached hereto (the "Basic Management Services"), together with any additional services as agreed to from time to time pursuant to Section 4.3 below (the "Additional Management Services"). The Basic Management Services and Additional Management Services are collectively referred to herein as the "Management Services." Manager agrees to perform the Management Services commencing on the Commencement Date specified in Section 2.1 below, all in accordance with and subject to the terms and conditions of this Agreement. (b) City hereby designates the City Manager or the City Manager's designee to represent City as its agent ("City's Agent') under this Agreement. All written communications given to or by such representative under this Agreement shall be deemed as given to or by City. City may change City's Agent at any time and from time to time by delivery of written notice to Manager. 1.2 Standards of Performance. Manager and City acknowledge that they are entering into this Agreement in good faith. Each party agrees to use its reasonable efforts, skill and judgment in all matters arising under this Agreement, and to cooperate in good faith with the other party. Manager agrees to perform its duties and obligations in an efficient, expeditious and professional manner, consistent with the terms and provisions of Article V below and the parameters of the scope of Management Services. 1.3 Manager's Project Director; Manager's Agents. (a) Manager hereby designates its Executive Director as its project director under this Agreement (the "Project Director"). Manager hereby designates its Senior Field Ecologist as project manager responsible to represent Manager as its agent for the day-to- day provision of the Management Services (the "Project Manager"). All written communications given to or by the Project Manager with respect to such day-to-day operation of the Managed Lands pursuant to this Agreement shall be deemed given to or by Manager. Amendments to this Agreement, including but not limited to modifications of the Management Services or any Exhibit hereto, shall require the written approval of the Project Director, it being understood that the Project Manager does not have the power to make such decisions. The Project Director and Project Manager may be changed from time to time by Manager; provided, however, that Manager shall consult in good faith with City prior to any replacement of the Project Manager. In the event that City notifies Manager that any of its personnel assigned to the performance of services under this Agreement are not meeting appropriate standards of conduct or have committed any acts of misconduct, Manager shall take such action as it deems appropriate with regard to such personnel, up to and including, their removal from the Project. (b) Manager may either retain employees or subcontract with others to perform all or a portion of the Management Services. Manager shall be solely responsible for hiring, supervising, paying the wages of and training all of Manager's officers, directors, employees, staff members, consultants, volunteers, agents, suppliers, contractors, subcontractors, representatives, and all other persons acting by or through any of the foregoing (collectively, "Manager's Agents") in performing the Management Services. Manager shall at all times exercise reasonable care and diligence to ensure that Manager's Agents perform their respective obligations hereunder or under their respective contract in a competent and professional manner. Manager shall be responsible to City and third parties for the acts and omissions of Manager's Agents. The term "Manager's Agents" shall not, however, include any member of the general public present on the Managed Lands for any purpose, including without limitation, for the purpose of attending or participating in a guided tour or other open public access program included in the Management Services. 2 (c) Manager shall from time to time have field personnel on the Managed Lands as part of the Management Services. Manager's field personnel are not intended to, and shall not, provide police, security, crime prevention or similar services. All such services shall at all times remain the sole responsibility of the City of Newport Beach Police Department and the personnel retained by such Police Department (the "Police Department'). Neither the Police Department nor any of its employees, agents or contractors shall be Manager's Agents for any purposes whatsoever under this Agreement, nor shall Manager be responsible to any extent for supervising the Police Department or any of its employees, agents or contractors. Manager shall have no responsibility whatsoever for paying any compensation or for providing any facilities, insurance or any other benefits to the Police Department or any of its employees, agents or contractors. Manager's Agents shall have no responsibility whatsoever for providing police, security, crime prevention or similar services, other than to report any suspicious activity they observe on the Managed Lands to the Police Department or to other appropriate authorities. Manager's Agents shall not interfere with the activities carried out by the Police Department on the Managed Lands. 1.4 Professional Work Product (a) All work product generated by Manager pursuant to this Agreement shall be the joint property of City and Manager. For purposes of this Agreement, the term "work product' shall mean any and all draft and final reports, studies and plans, including but not limited to all drawings, graphics and other materials that are part of such reports or plans. Manager shall furnish City duplicates of all work product upon request. Neither party shall attribute any work product to the other party without the other party's prior consent. Neither party shall unreasonably withhold or delay its consent under this Section. (b) The parties agree that public access to and use of the Managed Lands shall be provided under the name and auspices of the "Buck Gully Nature Preserve." City agrees that Manager may develop and provide educational, promotional, or advisory materials that include the Managed Lands within materials associating the Managed Lands with areas like the wildlands and parks of the historic Irvine Ranch and/or the Nature Reserve of Orange County ("NROC"), but that such materials will always refer to the Managed Lands as "The Buck Gully Nature Preserve, owned by the City of Newport Beach and managed by the Irvine Ranch Conservancy." City acknowledges that Manager owns, or has been granted the right to use, certain marks and various versions of Manager's logo used by Manager. City further recognizes and acknowledges the ownership (or right to use) of such marks by Manager and the validity of those marks and every registration thereof, and shall not at any time use, nor permit the use of, any such marks, or of Manager's name, logo or any other property of Manager in connection with any materials, advertising, product or service of any kind (other than the use of Manager's name in records, correspondence or other writings simply in order to refer to or report on this Agreement, Manager or Manager's role with respect to the Managed Lands) without the explicit prior written consent of Manager. Manager hereby explicitly consents to the non-exclusive, nontransferable use of such marks by City, in the forms and styles approved by Manager, in connection with the promotion of the Managed Lands for open space use during the term of this Agreement. City hereby acquires no right, title, interest or claim of ownership in or to the marks, except as expressly granted herein. City hereby grants Manager non- exclusive, nontransferable use of the City logo in connection with promotion of activities on the Managed Lands for the term of this Agreement. 3 ARTICLE II TERM OF AGREEMENT 2.1 Initial Term. The initial term of this Agreement (the "Term") shall commence on March 1, 2008 (the "Effective Date"), and shall continue until midnight on February 28, 2018, unless sooner terminated as provided in Article VIII. 2.2 Option to Extend. Subject to the provisions of this Section 2.2, City shall have the option to extend the Term of this Agreement for an additional ten (10) years by providing written notice to Manager of City's intention to extend on or before January 1, 2016. Upon receipt of such notice, City and Manager shall commence negotiations as to any changes to this Agreement that will be applicable during the extended term, and shall complete such negotiations on or before July 1, 2016. If the parties are unable to agree on the terms applicable during the proposed extension, then this Agreement shall terminate on the expiration date specified in Section 2.1 above without any further action by either party. ARTICLE III MANAGER'S COMPENSATION 3.1 Fees. Manager shall be paid an annual management fee as follows: (a) with respect to the first year of this Agreement from the Effective Date through December 31, 2008 (the RRMP's development phase), One Hundred Fifty -Eight Thousand Six Hundred Twenty Five Dollars ($158,625), and (b) with respect to each fiscal year commencing January 1, 2009 (RRMP Implementation Phase), Two Hundred Three Thousand Four Hundred Twenty - Five Dollars ($203,425), as, in all cases, adjusted in accordance with the following provisions of this Article (the "Management Fee"). This Management Fee includes Manager's indirect costs of 25%. 3.2 Annual Adjustments. Commencing on January 1, 2009 and continuing through the end of the term, the then current Management Fee shall be adjusted on an annual basis on January 1 of each remaining year of the Term as follows: The then current Management Fee shall be increased on January 1 each year by the greater of (a) the amount of the increase in the "Consumer Price Index — Urban Consumers (Los Angeles -Riverside -Orange County, CA area); base 1982-84 = 100" as published by the United States Department of Labor, Bureau of Labor Statistics (the "Index') for the March 1 to March 1 period just completed, or (b) three percent (3%) of the current annual Management Fee. In the event that the U.S. Department of Labor discontinues publication of the Index, or varies the method of calculation of same, then Manager and City shall agree on a substitute index or procedure that reasonably reflects and monitors changes in consumer prices. 3.3 Payments. City shall pay the Management Fee to Manager in four (4) equal quarterly installments payable on or before July 1, October 1, January 1 and April 1 of each year of the Term. City shall pay the first quarterly payment of the Management Fee to Manager on or before April 1, 2008. 3.4 Other Adiustments to Management Fee. In addition to changes in the Management Fee as a result of annual adjustments as described in Section 3.2 above, the Management Fee may be adjusted: 4 (a) Based upon changes in the scope of the Management Services as provided in Section 4.3 below; or (b) Due to increases in costs of providing the Management Services in excess of the greater of the increase in the Consumer Price Index described in Section 3.2 or three percent (3%), if and as approved by the City Council. Manager may at any time prepare a request for such an increase in the Management Fee, in form and substance approved by City's Agent, whereupon it shall be the obligation of the City Council to act upon such request within sixty (60) days from the date such request was submitted by Manager. In the event of any adjustment to the Management Fee, the adjusted Management Fee will be considered the Management Fee for the next scheduled annual adjustment made in accordance with Section 3.2. 3.5 Reimbursable Expenses. In addition to the Management Fee, Manager shall be reimbursed for all of its reasonable costs and expenses incurred in performing services, if any, beyond the Management Services as authorized by City's Agent in writing. However, Manager shall be solely responsible for paying the cost of all Consultant(s) who will be hired to prepare the initial RRMP as described herein, and this cost shall not be subject to reimbursement. 3.6 Payment Upon Termination. In the event of termination of this Agreement prior to the expiration date in Section 2.1 above, Manager shall be entitled to that portion of the Management Fee earned to the date of termination. If the termination is effective on a day other than the last day of a calendar quarter, the quarterly payment will be prorated based on the basis of a ninety -one -day calendar quarter. In addition, Manager shall be entitled to all other amounts owing to Manager as specified in Section 8.3 (a) below. ARTICLE IV SCOPE OF SERVICES 4.1 Duties of Manager. Manager shall provide the Management Services in an efficient and professional manner in accordance with the terms, conditions and standards set forth in this Article. City shall provide Manager with any additional documentation reasonably necessary to establish Manager's authority to act as required hereunder. Manager shall perform all Management Services in a prompt and diligent manner in accordance with recognized standards of the open space reserve management industry and in compliance with such standards and practices as are prevalent in the geographic area where the Managed Lands are located. Management Services include light, routine custodial service resulting from everyday regular, authorized use of the Managed Lands. Management Services do not include heavy maintenance and repairs or restoration due to damage resulting from unauthorized use or events such as storms, vandalism or malicious mischief as described in Exhibit B. 4.2 Progress Reports and Meetings (a) Manager shall prepare and submit to City no later than the thirtieth (30th) day of each calendar quarter, in such form as City may reasonably require, a progress report (the "Progress Report') for the preceding quarter. At a minimum, the Progress Report shall summarize all activities undertaken by Manager's Agents during such period and describe the Management Services to be performed by Manager's Agents during the current quarter. Notwithstanding the foregoing, Manager shall promptly notify City of any information 5 that is or becomes known to Manager's Agents in the course of the performance of their respective Management Services concerning facts or events that may materially affect the Managed Lands. (b) Manager shall schedule and attend meetings with City to (i) review management of the Managed Lands and exchange information related thereto, (ii) submit Collateral Materials (as hereinafter defined) for City's approval, and (iii) assess compliance of Manager and City with the requirements of this Agreement. Said meetings shall be held on a periodic schedule as City and Manager reasonably deem necessary, but no less frequent than quarterly during the first year of the Term. Manager agrees to work closely and cooperate fully with the City's Agent in performance of the services to be provided hereunder. Manager is responsible for keeping the City Manager or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 4.3 Modification of Management Services. At the meetings between City and Manager described in Section 4.2 above, the parties shall discuss, among other things, whether the scope of the Management Services should be changed. Any such changes to the scope of Management Services may be made only upon mutual agreement of the City Council and Manager. (a) Fuel Modification. In the event City from time to time desires to add any fuel modification or firebreak maintenance to the Management Services, City shall describe for Manager in writing the specific work (type, location, duration, etc.) in the Managed Lands which City desires to have Manager perform, and Manager shall thereafter determine and provide in writing to City the cost (time and materials plus overhead) to perform such work. Upon approval by the City Council in writing of such cost, said work shall be included in the Management Services and the Management Fee shall be increased by the cost thereof so approved by the City. (b) Other Services. In the event either party desires to otherwise modify the Management Services, such party (the "Requesting Party") shall notify the other party (the "Other Partly) in writing of any proposed modification (the "Modification Notice"), and the following procedures shall be followed: (i) Increases in Management Services. City and Manager anticipate that the results of the Resource and Recreation Management Plan prepared for the City with the assistance of Manager as described in Exhibit B (Basic Management Services) may result in an increase to Management Services. In the event this or any other proposed modification increases the Management Services, the Requesting Party shall describe in the Modification Notice such requested additional services and set forth the proposed increase in the Management Fee to cover such additional services. The Other Party shall notify the Requesting Party in writing within the Permitted Time (defined below) after receipt of the Modification Notice whether the Other Party accepts or rejects such proposed modification, and the Parties shall thereafter respond back and forth to one another's proposals in writing, in each case within the Permitted Time. If the Parties reach mutual agreement, Manager shall prepare for execution an amendment to this Agreement setting forth the details of the agreed modification. Upon approval of such amendment, City shall promptly execute and return one (1) original of such amendment to Manager. (ii) Decreases in Management Services. In the event a proposed modification decreases the Management Services, the Requesting Party shall 6 describe in the Modification Notice the services to be deleted and the amount by which the Management Fee is proposed to be decreased, if any, to reflect such deletion. City and Manager shall follow the procedures set forth in Section 4.3(a) concerning the acceptance or rejection of such proposed modification and the preparation of an amendment reflecting such mutually agreed modification. (c) Permitted Time. For purposes of this Section 4.3, City shall have forty-five (45) calendar days to respond to Manager's proposals, while Manager shall have twenty (20) calendar days to respond to City's proposals (in either case, the "Permitted Time"). 4.4 Compliance with Laws and Agreements. (a) Manager shall comply with all federal, state and local laws, ordinances, regulations, permits and orders now in force or enacted or promulgated hereafter (individually, a "Law"; collectively, "Laws") that are related to the performance of the Management Services, including without limitation, (i) the Natural Communities Conservation Plan ("NCCP') implemented among City and local governments and various natural resource agencies to protect various plant and wildlife communities, (ii) the Federal Endangered Species Act, (iii) the California Endangered Species Act, and (iv) any law (in each case, a "Hazardous Materials Lain') concerning wastes, materials, chemicals or other substances (whether in the form of liquids, solids or gases, and whether or not airborne) that are ignitable, reactive, corrosive, toxic or radioactive, or that are deemed to be pollutants, contaminants or hazardous or toxic substances under or pursuant to any law, or that are to any extent regulated by, form the basis of liability under or are otherwise under the authority of any Law (in each case, a "Hazardous Material'). (b) Manager shall not do anything that may cause any portion of the Managed Lands to be in violation of any Law. Manager shall use its best efforts to notify City promptly of any suspected violation of any Law with respect to the Managed Lands owned by City of which it becomes aware, it being understood that Manager has no obligation to research any such matters or investigate to discover any such suspected violations, or to provide City with any form of legal advice, and that the intent of this provision is to ensure that Manager informs City of suspected violations of Laws with respect to Managed Lands owned by City of which Manager actually becomes aware. (c) Manager acknowledges that City may apply for state, federal and other grants that may be applied towards the costs of preserving and operating the Managed Lands (the "Grants"). Manager agrees that City's pursuit of these grants is entirely at City's discretion and not subject to the approval of Manager. In the event City obtains any of the Grants, City shall promptly provide Manager with copies of any guidelines and restrictions associated therewith that relate to the use, operation, or preservation of the Managed Lands (the "Grant Restrictions"), and Manager shall use its best efforts to comply with the Grant Restrictions. (d) Nothing in this agreement shall be construed to create in or give to Manager: (1) the obligations or liabilities or an "owner" or "operator" as those words are defined and used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 US Code Sections 9601 et seq.) or any other Hazardous Materials Law, including (but not limited to) the Hazardous Materials Transportation Act (49 US Code Sections6901 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Sections 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Sections 25300 et seq.); and any rule regulation or other promulgation adopted under any 7 of the foregoing; (2) the obligations and liabilities of a person described in 42 USC §9607(a)(3); (3) the obligations of a responsible person under any applicable Hazardous Materials Law; (4) any obligation, right or permission to investigate, remove, remediate, abate or otherwise clean up any Hazardous Materials located at or associated with the Managed Lands; or (5) control over, or any obligation to participate in, the investigation, removal, remediation, abatement or other clean up of Hazardous Materials in compliance with any Hazardous Materials Law, except to the extent that the condition was actually caused by Manager or Manager's Agents. 4.5 Employees. Subject to City's rights under Section 1.3 (a), all matters pertaining to the employment, supervision, compensation, promotion and discharge of Manager's Agents shall be the responsibility of Manager. Manager shall comply with all applicable governmental requirements relating to workers' compensation, social security, unemployment insurance, hours of labor, wages, working conditions and other employer - employee related matters. 4.6 Legal Action. Manager shall not, in connection with its obligations under this Agreement, be called upon to, and shall not retain legal counsel to render legal advice or institute any legal proceedings (including, without limitation, arbitration, judicial reference and settlement negotiations) on behalf of City. 4.7 Approval of Collateral Materials. (a) All collateral materials related to the management of the Managed Lands, including, without limitation, advertising and promotional materials, signs, brochures and publications (collectively, the "Collateral Materials"): (I) Shall include the City's logo and also the words "The Buck Gully Nature Preserve, owned by the City of Newport Beach and managed by the Irvine Ranch Conservancy" in all Collateral Materials which reference exclusively the Managed Lands, and in other Collateral Materials as appropriate, and (ii) May reference the Managed Lands as part of the wildlands and parks of the historic Irvine Ranch and/or the Nature Reserve of Orange County ("NROC"); and (iii) Shall be subject to mutual approval of City and Manager prior to publication or dissemination and shall comply with all applicable Laws. Such approval shall not be unreasonably withheld or delayed by either party; and (iv) Signs and interpretive elements of the Resource and Recreation Management Plan shall be subject to the mutual approval of City Council and Manager and shall comply with all applicable laws. 4.8 Ownership of Improvements. Manager understands and acknowledges that Manager shall have no ownership rights whatsoever in connection with any improvements (including, without limitation, signs, fences and gates) maintained or repaired on the Managed Lands pursuant to the terms of this Agreement. 4.9 Additional Land. (a) Manager and City acknowledge and agree that additional parcels of land may from time to time be added to the Managed Lands for which Manager is to provide the Management Services under this Agreement upon mutual written agreement of City Council 8 and Manager. Among other things, the parties shall agree upon the effective date of any such addition of property to the Managed Lands. (b) In the event the Managed Lands are proposed to be increased pursuant to the provisions of this Section 4.9, the Management Fee may be modified as City Council and Manager mutually agree pursuant to the procedure in Section 4.3 above. To that end, if City Council proposes to so increase the Managed Lands, concurrent with City's notice to Manager, City shall also notify Manager of City's proposed corresponding modification to the Management Fee. (c) Manager and City acknowledge that nothing in this agreement authorizes the Manager to administer lands outside of the Managed Lands without an action of City Council. In the future, if the City Council authorizes the Manager to manage City -owned lands outside the Managed Lands described in this Agreement, this authorization shall be done via a separate agreement to specifically address the City's needs for management of the new parcel. 4.10 City's Rights Reserved. (a) Nothing in this Agreement is intended or shall be deemed to restrict the City's full control over and use of the Managed Lands subject to the terms of the Orange County Central/Coastal Natural Communities Conservation Plan and Implementation Agreement in any way whatsoever; provided, however, that City shall provide Manager with at least thirty (30) days' prior written notice of any events or activities on the Managed Lands that may materially affect Manager's performance of the Management Services. (b) Nothing in this Agreement is intended to or shall be deemed to restrict the City's right, subject to the terms of the Orange County Central/Coastal Natural Communities Conservation Plan and Implementation Agreement, to determine the style, manner, type or location of public improvements or access points, including but not limited to trails, benches, shade structures, or trailheads. (c) Nothing in this Agreement is intended to or shall be deemed to restrict the City's right, subject to the terms of the Orange County Central/Coastal Natural Communities Conservation Plan and Implementation Agreement, to determine the location, type and manner of runoff reduction, erosion, or water quality protective measures in and around the Managed Lands. ARTICLE V INSURANCE 5.1 Insurance Types. Manager shall not commence any work until all necessary insurance is obtained by Manager, at Manager's sole cost and expense. Manager will retain insurance consistent with the City's requirements as stated by the City's Risk Manager. The City's Risk Manager may, at each option period, require Manager to increase the dollar amounts for coverage in the same manner and amount that the preponderance of the City's other management contracts are increased. 9 ARTICLE VI INDEMNIFICATION 6.1 Indemnification by Manager. Manager agrees to indemnify, hold harmless and defend City, and each of its elected and appointed officials and representatives, employees and agents, and each of the successors and assigns of such parties (collectively, the "City Parties") from and against any and all of the following: claims, costs, liabilities, penalties, damages or expenses of any kind or nature whatsoever, to any person or property, and whether based on negligence, strict liability or other claim (including, but not limited to, court costs and reasonable attorneys' fees and expenses, whether incurred at the trial, appellate or administrative level, or in connection with any required arbitration) (collectively, "Claims") that any of the City Parties may suffer or incur, or to which any of the City Parties may be subjected, to the extent such Claims are the result of or arise out of (i) any breach or violation of the terms of this Agreement by Manager or by anyone acting for or under the authority of Manager, (ii) any other activity of Manager or Manager's Agents on, at or with respect to the Managed Lands or in accessing the Managed Lands, or (iii) the negligence or willful misconduct of Manager or any of Manager's Agents in the performance of the Management Services. 6.2 Indemnification by City. City agrees to indemnify, hold harmless and defend Manager, each of Manager's directors, officers, employees and agents, and each of the successors and assigns of such parties (collectively, the "Manager Parties"), from and against any and all Claims that any of the Manager Parties may suffer or incur, or to which any of the Manager Parties may be subjected, to the extent such Claims are the result of or arise out of (i) any entry on the Managed Lands by the general public in connection with the Management Services, except to the extent such Claims are the result of or arise out of conduct covered by Manager's indemnification in subsections 6.1(i) or 6.1(iii) above, (ii) any breach or violation of the terms of this Agreement by City or by anyone acting for or under the authority of City, (iii) any other activity of City or any of the City Parties on, at or with respect to the Managed Lands, or (iv) the negligence or willful misconduct of City or any of City's Parties relating to the Managed Lands. 6.3 General. The foregoing indemnities and obligations to hold harmless and defend are intended to apply with respect to all Claims incurred directly by the indemnified party or parties, or their property, as well as by third parties or the indemnifying party. The foregoing obligation to defend Manager and the Manager Parties shall mean the obligation to defend with counsel reasonably approved in writing by Manager. Likewise, the foregoing obligation to defend City and the City Parties shall mean the obligation to defend with counsel reasonably approved in writing by City. Neither payment nor a finding of liability or of an obligation to defend shall be a condition precedent to the enforcement of any indemnity or duty to defend provision herein. 6.4 Indemnification of Manager and City by Visitors. Manager and City shall use their best efforts to ensure that persons visiting the Managed Lands shall sign liability waiver forms approved by the Manager and City in advance of any use of the Managed Lands. 10 ARTICLE VII LIENS Manager shall not suffer or permit to be enforced against the Managed Lands, or any part thereof, any mechanics', laborers', materialmen's, contractors or any other liens arising from or any claims for damages growing out of any work of construction performed by or caused to be performed by Manager in connection with the performance of the Management Services. Manager shall pay or cause to be paid all of said liens, claims and demands before any action is brought to enforce the same against the Managed Lands. City shall have the right at any time to post and maintain on the Managed Lands, or any part thereof, such Notices of Non - responsibility as desired by City or as may be provided by law. Notwithstanding anything to the contrary contained herein, if Manager shall in good faith contest the validity of any such lien, claim or demand, then Manager shall, at its expense, defend itself and City against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against the Managed Lands. If City shall require, Manager shall provide to City a surety bond satisfactory to City in an amount equal to such contested lien, claim or demand indemnifying City against liability for same, or if City shall request, Manager shall procure and record the bond provided for in the California Civil Code, or any comparable statute hereafter enacted, providing for a bond freeing the Managed Lands from the effect of such lien or claim or action thereon. Notwithstanding the above, Manager shall have no obligation with respect to any of the foregoing to the extent any such lien, claim or other proceeding arises directly out of City's acts or omissions or a failure by City to make payments to Manager as provided in this Agreement (except in circumstances where City has contested in good faith such payment, in which case Manager shall remain obligated as provided in this sentence pending resolution of such dispute). ARTICLE VIII TERMINATION 8.1 Termination Without Cause. (a) Either party may, for any reason and without cause, terminate this Agreement effective as of January 1, 2009, by giving written notice of such termination to the other party on or before October 1, 2008. Failure of either party to so give a written termination notice by October 1, 2008, shall be deemed the election by such party to waive such early termination right. (b) Either party may, for any reason and without cause, terminate this Agreement effective as of any day after January 1, 2009, by giving written notice of such termination to the other party at least one hundred and eighty (180) days prior to such effective date. 8.2 Termination for Cause. (a) Either party may terminate this Agreement for cause by written notice to the other party (the "Termination Notice"). The acts or omissions that shall entitle a party to terminate this Agreement are: (I) In the case of Manager: (i) failure to provide the Management Services at a level of quality at least equal to other land reserves of a type 11 similar to the Managed Lands in the State of California; (ii) failure to perform the Management Services in any way; (iii) commission of any fraud, misrepresentation, breach of fiduciary duty or willful misconduct in connection with the performance of Manager's duties under this Agreement; or (iv) failure to cure any other breach of this Agreement by Manager. (ii) In the case of City: (i) failure to pay the Management Fee or to make any other payment due to Manager hereunder; or (ii) failure to cure any other breach of this Agreement by City. (b) Termination shall be effective upon the expiration of thirty (30) days following the giving of the Termination Notice, unless the party allegedly in default cures the same within such thirty (30) day period; or, alternatively, if such default is not capable of cure within thirty (30) days, unless such defaulting party within thirty (30) days of receiving the Termination Notice shall have both notified the other party in writing of the defaulting party's plan of action to cure such default and initiated all necessary action to cure such default and within sixty (60) days of the Termination Notice shall have completed all such action. (c) Prior to delivery of a Termination Notice under this Section 8.2, the non -defaulting party agrees to (i) notify the defaulting party as to the non -defaulting party's concerns with the other party's performance and (ii) meet with the other party to confer regarding resolution of those concerns. If the parties have been unable to resolve the non - defaulting party's concerns by the date that is thirty (30) days after the date the notice was given, then the non -defaulting party may proceed with its Termination Notice. 8.3 Obligations Upon Termination. Upon termination of this Agreement, each party shall continue to be fully liable for its respective obligations that have accrued up to and including the termination date. In addition, the parties shall have the following obligations: (a) City Obligations. City shall remain obligated to pay Manager for the portion of the Management Fee earned by Manager up to the date of termination and for any other payments and reimbursements due to Manager prior to the termination date. (b) Manager Obligations. Manager shall perform any Management Services reasonably requested by City until the termination date. In addition, within thirty (30) days of the termination date of this Agreement, whether by expiration of the Term, by early termination notice under this Article or by mutual agreement, Manager shall deliver to City the following: (i) Complete and legible copies of all work product generated by Manager and Manager's Agents pursuant to this Agreement not previously delivered by Manager to City pursuant to Section 1.4(a); (ii) All records, contracts, agreements, keys, correspondence files and other papers or documents that pertain to the Managed Lands; and (iii) A Progress Report (whether or not then due), covering the period from the end of the previous quarterly Progress Report to the termination date. 12 ARTICLE IX GENERAL PROVISIONS 9.1 Independent Contractor. Manager shall act as an independent contractor in the performance of its duties and responsibilities set forth in this Agreement. Manager is not and shall not be an agent of City for any purpose. No provisions hereunder are intended or shall be construed to create a partnership or a joint venture between City and Manager with respect to the Managed Lands or otherwise, and neither party shall have the power to bind or obligate the other party, except as expressly set forth in this Agreement. 9.2 Subcontracting. City and Manager agree that subconsultants may be used to complete the work outlined in the Management Services. Manager shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 9.3 Notices. All notices required or permitted by this Agreement shall be in writing and may be delivered in person (by hand -delivery or professional messenger service) to either party or may be sent by registered or certified mail, with postage prepaid, return receipt requested or delivered by Federal Express or other courier service guaranteeing overnight delivery, charges prepaid, and addressed as follows: If to Manager at: Irvine Ranch Conservancy 4727 Portola Irvine, CA 92602 Attention: Executive Director If to City at: City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Attention: Assistant City Manager Any such notice sent by registered or certified mail, return receipt requested, shall be deemed to have been duly given and received seventy-two (72) hours after the same is so addressed and mailed in the State of California with postage prepaid. Notices delivered by overnight service shall be deemed to have been given twenty-four (24) hours after delivery of the same, charges prepaid, to the courier. Any notice or other document sent by any other manner shall be effective only upon actual receipt thereof. Any party may change its address for purposes of this Section by giving notice to the other party as herein provided. 9.4 Waiver of Jury Trial. City and Manager each acknowledge that it has had the advice of counsel of its choice with respect to rights to trial by jury under the constitutions of 13 the United States and the State of California. Each party expressly and knowingly waives and releases all such rights to trial by jury in any action, proceeding or counterclaim brought by either party against the other on any matters arising out of or in any way connected with this Agreement, the Managed Lands or both. 9.5 Mediation. If a dispute arises from or relates to the terms and provisions of this Agreement or any other matter referred to herein, which cannot be settled by direct discussions or negotiation, City and Manager agree first to try in good faith to settle the dispute by non -binding mediation administered by the American Arbitration Association under its Commercial Mediation Rules, or by such other organization or individual and under such rules as the parties may agree, before resorting to litigation or some other dispute resolution procedure. 9.6 Records. Manager shall keep records and invoices in connection with the work to be performed under this Agreement. Manager shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Manager under this Agreement. All such records and invoices shall be clearly identifiable. Manager shall allow an official representative of City to examine and make transcripts or copies of such records and invoices during regular business hours with three business days advance notice, and to audit such records and invoices for the sole purpose of determining compliance with the contract terms. Manager shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Manager under this Agreement. 9.7 Assignment. Neither party shall voluntarily or involuntarily, directly or indirectly, sell, assign, hypothecate, pledge or otherwise transfer or dispose of all or any portion of its interest in this Agreement to any third party without the prior written consent of the other party, which consent may be withheld in such other party's sole and absolute discretion. Any such attempted sale, assignment, hypothecation, pledge or other transfer without such consent shall be void and of no effect. No assignment approved by one party pursuant to the terms of this Section shall be deemed to relieve the other party from any liability, responsibility or obligation hereunder. City acknowledges that the foregoing restrictions on assignment are not intended to preclude Manager from retaining consultants or contractors to perform a portion of the Management Services, funded within the approved budget. 9.8 Amendments and Written Consents. All amendments to the terms of this Agreement shall be in writing and executed by the City Council and Manager, and approved as to form by the City Attorney. 9.9 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 9.10 Governing Law. This Agreement is executed and shall be governed by and construed in accordance with the laws of the State of California. Any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 9.11 Remedies Cumulative. No remedy herein reserved to either party is intended to be exclusive of any other remedy, but each and every such remedy shall be 14 cumulative and shall be in addition to any other remedy given in this Agreement as now or hereafter existing or at law, in equity or by statute. 9.12 Nonwaiver. The failure of a party to notify the other party of any default under this Agreement shall not be deemed to be a waiver by such non -defaulting party of any continuing default by the defaulting party of any term, covenant or condition set forth in this Agreement, nor of the non -defaulting party's right to declare a default for any such continuing breach. The failure of a non -defaulting party to insist upon strict performance of any of the terms, covenants or conditions of this Agreement, or to exercise any option in this Agreement in any one or more instances, shall not be construed as a waiver or relinquishment of any such terms, covenants, conditions or options, but the same shall be and remain in full force and effect. 9.13 Severability. In case any one or more provisions set forth in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, any such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been incorporated therein. 9.14 No Third -Party Beneficiaries. This Agreement is not intended and shall not be deemed or construed to confer any rights, powers or privileges on any person, firm, partnership, corporation or other entity not a party hereto, except as may be expressly provided herein to the contrary. 9.15 Incorporation of Exhibits. The following Exhibits attached hereto shall be construed with and as integral parts of this Agreement to the same extent as if the same had been set forth verbatim herein: Exhibit A - Depiction of Managed Lands as of Effective Date Exhibit B - Basic Management Services 9.16 Oral Agreements. No oral order, objection, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in this Agreement, and none of the provisions of this Agreement shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 9.17 Approvals. Except as otherwise provided herein, all approvals required under this Agreement shall be in writing and shall be within the approving party's reasonable discretion. 9.18 Press Releases and Press Relations. Any feature stories and/or "soft coverage" concerning this Agreement, the subject matter hereof and the management of the Managed Lands shall not be initiated or solicited by either Manager or City without the prior consent of the other party. In the case of inquiries by the press, the party to whom an inquiry has been made shall use reasonable efforts to contact the other party to coordinate statements and communications. If a party initiates a telephone call to the other party advising such party of a press inquiry, and such party does not respond within a reasonable amount of time after the telephone call has been placed, the party to whom the inquiry has been made may answer questions asked by the press to the best of its knowledge. Notwithstanding the foregoing, prior consent of the other party shall not be required to respond to any routine inquiries by the press. 15 9.19 Authorization. By the execution of this Agreement, the undersigned each represent and warrant, in each case as to the party on behalf of whom they are signing, that the execution, delivery and performance of this Agreement by such party has been duly and validly authorized by all necessary action and proceedings, and no further action or authorization is necessary on the part of such party in order to perform its obligations hereunder. 9.20 Time. Time is of the essence of this Agreement and each provision hereof of which time is an element. 9.21 Nonliability of Officials and Employees. No member, official, employee, or consultant of City shall be personally liable to Manager, or any successor interest of Manager, in the event of any default or breach by City or for any amount which may become due to Manager or to its successor, or on any obligations under the terms of this Agreement. No member, director, officer, employee, or consultant of Manager shall be personally liable to City, or any successor interest of City, in the event of any default or breach by Manager or for any amount which may become due to City or to its successor, or on any obligations under the terms of this Agreement. 9.22 Conflicts of Interest. The Manager or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Manager shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Manager shall indemnify and hold harmless City for any and all claims for damages resulting from Manager's violation of this subsection. 9.23 Equal Opportunity Employment. Manager represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 9.24 Entire Agreement. This Agreement and the Exhibits attached hereto comprise the entire agreement of the parties with respect to the transaction described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 16 "City" CITY OF NEWPORT BEACH, a California municipal corporation WA Edward D.'Se iich Mayor ATTEST: B City Clerk APPROVED/A TO FORM: By: Robin Clauson City Attorney "Manage," IRVINE RANCH CONSERVANCY, a California nonprofit corporation By: ':✓ By: Michael O'Connell President & Executive Director 1 \ cutl�v Mary Westbrook Secretary F:users/CAT/Shared/AG/Buck Gully/-3-04-08 Buck Gully -City -I RC Management Agreement.doc 17 Exhibit A Depiction of Managed Lands Exhibit A Note Depiction above includes all City -owned lands in Buck Gully: • Inland of 5th Avenue • West of Newport Coast Drive • South of San Joaquin Hills Road • Exclusive of the San Joaquin Hills Road View Parks • Exclusive of HOA-controlled Fuel Modification Zones in Newport Coast. A- I Exhibit B Basic Management Services Year 1 (January 1, 2008 — December 31, 2008) Resource Planning Focus: Manager will develop a detailed knowledge of the Managed Lands' natural systems and the many challenges of the surrounding urban interface to plan for its long-term management, restoration and public enjoyment. To develop such knowledge, Manager will collect, organize and evaluate existing resource data with respect to the Managed Lands. Information on historic and current habitats, as well as planned land uses directly and indirectly impacting the Lands, will be obtained from The Irvine Company LLC, City, the County of Orange, and the Nature Reserve of Orange County ("NROC"), and will include previous NCCP data as made available to Manager by these and other sources. Manager, with the approval of City, will subcontract with a qualified consultant or consultants ("Consultant") to assist in preparation of a comprehensive Resource and Recreational Management Plan for the Managed Lands including collection and organization of the data described above ("RRMP") according to the terms and criteria of the NCCP. The Manager shall determine the contract scope of work for the Consultant at its sole discretion, and shall pay the full cost of the Consultant, and City shall be deemed to have compensated Manager for this cost as part of the payment of the annual Management Fee. Manager will supervise Consultant and will coordinate and provide planning support services in the preparation of the RRMP for City, which is estimated to require at least twelve (12) months to prepare, including time for supplemental field surveys. Because the RRMP must be approved by state and federal wildlife regulatory agencies, Manager will coordinate the consultation and involvement of such agencies in the planning process and will assist City in submittal of the City -approved draft to the NROC and the applicable state and federal wildlife regulatory agencies for review and approval. City will create a Stakeholder Advisory Group that City shall convene as needed to provide input to City and Manager in completing and implementing the RRMP. Manager shall participate in Stakeholder Advisory Group meetings to the extent needed. City and Manager understand that this RRMP is being developed to comply with the requirements of NCCP and to fulfill the City's desires for resource management and public access. The Stakeholder Advisory Group will therefore provide valuable input to the process of RRMP preparation but is not an approval body for the RRMP. B-1 Year 2 and Subsequent Years (January 1, 2009 and thereafter) Resource Planning Focus: Manager will continue with the coordination and provision of support services in the completion and approval of the City's RRMP. After approval of the RRMP and based on the long-term habitat restoration, maintenance and public access recommendations set forth in the approved RRMP, City, with the assistance of Manager, will establish implementation priorities based on the RRMP. As part of this process, Manager will submit a capital program (restoration and public access) for City's review and approval by January 1, 2009. The capital program will address components of stewardship and public access (including trails and facilities) as identified by the RRMP. Resource Management Services: Manager will provide management services for the Managed Lands which will include stewardship of the Managed Lands consistent with the approved RRMP and NCCP, and which will include field monitoring, habitat and natural resource management, regional coordination with adjacent open space land managers, fire management (to be defined), public outreach and education, as well as volunteer management for stewardship and public access programs as described in Schedule 1. Manager will procure, maintain and repair vehicles and equipment associated with Manager's Basic Management Services. Initial Resource Recovery Phase. In the initial 3-4 years of the RRMP's implementation, the Manager and City envision that the Manager's duties will primarily consist of habitat restoration (including the removal of invasive species), erosion control, fire/fuel modification efforts, resource monitoring, and similar activities designed to recover the habitat value of the Managed Lands. Public Access & Ongoing Maintenance Phase. After public access is improved and granted to the Managed Lands, the Manager will begin the provision of light, routine custodial service resulting from everyday regular, authorized use of the Managed Lands as follows: Trail cleanliness: litter removal from trail areas and trash receptacles (if any) on trails; - Minor trail service, minor erosion remediation and prevention including: o annual mowing of trail centerlines; o installation of water bars and other erosion prevention features as required; o identification and remediation of erosion problems as required; o removal of invasive plant species as agreed by City and Manager on trail alignments; Touch-up paint, service and perform minor repairs on fences, locks and gates; Install and maintain service of trail signage, trail kiosks, trail benches, trail water troughs, trail shade structures, and similar trail facilities purchased by City; B-2 - Open and close gates and other public facilities associated with public access program activities; City has and will continue to have responsibility for heavy maintenance and for damage resulting from unauthorized use or events such as storms, vandalism or malicious mischief, including: - Trash removal from staging area and trailhead receptacles - Storm damage cleanup and major trail rehabilitation and repair Major trail erosion and damage remediation/reconstruction Oversight and maintenance of trailhead operations, including trash removal, restroom maintenance (both permanent and temporary restrooms) and repair Remediation and cleanup of illegal dumping Installation and maintenance of staging area kiosks, booths and similar facilities Replace/repaint fences, locks and gates A further description of the management services to be provided by Manager is included on the "Preserve Management Schedule of Services" for the Managed Lands which is attached hereto as Schedule 1. This schedule of services may be modified or adjusted based on the approved RRMP and the identification of implementation priorities by City, with assistance of Manager as described above, and the Annual Management Fee adjusted according to the terms of Section 4.3. B-3 Item Description Preserve Operations 1 Reserve Operations Manager 2 Vehicle Maintenance 3 Trail Gates 4 Fences 5 Bridges — Pedestrian 6 Trails/Fire Roads Grading 7 Trails/Fire Roads Drainage 8 Paved Roadways 9 Restroom Maintenance 10 Trash Collection 11 Weed Abatement at Gateways 12 Field Operations Materials & Equip. Resource Management 13 Senior Field Ecologist 14 Vehicle Maintenance 15 Fuel Modification 16 Fire Break Maintenance 17 Field Biology Assist (See Note 2) 18 Invasive Weed Control 19 Field Biology Materials & Equipment 20 Field Storage 21 Field Communications Public Safety 22 Public Safety/Security Personnel SCHEDULE 1 Preserve Management Schedule of Services YEAR 1 (January 1, 2008 — December 31, 2008) Qty. Units Comments 0 FTE See Note (1) 0 ea Vehicle for Preserve Operations 0 ea Inspection, preventative maintenance, and minor repairs 0 If Inspection, preventative maintenance, and minor repairs 0 ea Inspection, preventative maintenance, and minor repairs 0 If Annual preventative erosion control/minor erosion repairs 0 If Annual drainage and crossings maint./contract service 0 sf Annual Patch and repair & 5 year Seal O ea Assumes 2 ADA Leased toilets 1 x per week service 0 ea Assumes $50.00 x 24 collections for 1 dumpster O ea One application or mowing per spring per gateway 0 Is 0.25 FTE 0.25 ea ac Is 1 Is 0 Is O Is O Is 0 Is See Note (1) Vehicle for Resource Management as needed - time and materials per Management Agmt as needed - time and materials per Management Agmt Preparation of Resource and Recreation Management Plan Annual trail -adjacent invasive weed control maintenance Assumes $85 per month for (1) 8 X 20 Storage Bin Radios and related supplies 0.5 Is Assumes NBPD provided Public Safety Patrol B-4 NOTES (1) Includes .5 FTE split duties between (Reserve Management / Resource Management). Duties include collection, organization of resource information, field assessment, consultant coordination and stewardship and field management oversight (2) Consultant assistance for Resource and Recreation Mgmt Plan. Some resource surveys have already been completed under direct contract to City. B-5 Item Preserve Manag (January 1, Description Qty. Reserve Operations 1 Reserve Operations Manager 2 Vehicle Maintenance 3 Trail Gates 4 Fences 5 Bridges - Pedestrian 6 Trails/Fire Roads Grading 7 Trails/Fire Roads Drainage 8 Paved Roadways 9 Restroom Maintenance 10 Trash Collection 11 Weed Abatement at Gateways 12 Field Ops Materials & Equip. 13 Field Office/Storage 14 Field Communications Resource Management 15 Field Ecologist 0.4 16 Vehicle Maintenance 0.4 17 Fuel Modification 18 Fire Break Maintenance 19 Field Biology Assistance 20 Invasive Weed Control 21 Field Biology Materials & Equipmt Public Programs (when applicable/authorized) 22 Field Naturalist 23 Vehicle Maintenance 24 Program Brochure Design/Layout 25 Program Brochure Printing 0.25 0.25 1 10000 0.35 0.35 3 700 5 15000 15000 14000 2 1 3 ement Schedule of Services 2009 and Thereafter) Units Comments FTE ea ea If ea If If sf ea ea ea 1 Is 1 Is 1 Is FTE ea ac Is 1 Is 1 Is 1 Is FTE ea Is ea B-6 See Note (1) Split Duties of 1 FTE + 33% benefits Vehicle for Field Operations personnel Inspection, preventative maint., and minor repairs Inspection, preventative maint., and minor repairs Inspection, preventative maint., and minor repairs Annual erosion control/minor erosion repairs Annual drainage/crossings maint./contract service Annual patch and repair & 5 year seal Assumes 2 ADA Leased toilets at 1x per week service Assumes 24 collections for 1 dumpster One application or mowing per spring per gateway Miscellaneous Field Equipment and Materials Assumes $85 per month for (1) 8 X 20 Storage Bin Radios and related supplies See Note (1) Split Duties of 1 FTE + 33% benefits Vehicle for FTE Resource Management personnel TBD TBD See Note (2) for contract assistance Annual trail -adjacent invasive weed control maint. See Note (1) Split Duties of 1 FTE + 33% benefits Vehicle for FTE Field Ops/Ecologist/Naturalist personnel Initial setup and re -design every 3-5 years 2500 distributed brochures per quarter 26 Volunteer Management Expenses 1 Is See Note (3) for list of expenses Public Safety 27 Public Safety/Security Personnel 0.5 FTE NBPD provides Public Safety Patrol NOTES (1) Includes 1 FTE split duties between Reserve Management / Resource Management /Public Programs. Duties include light maintenance of trails, gates, fences, and bridges; ongoing habitat management, restoration, monitoring, fire management, and invasive species control; Includes part-time assistance and/or consulting services for field biology projects and monitoring (2) Includes contract assistance/labor for management, monitoring and field surveys; NCCP compliance (3) Includes training and certification costs, annual and special event costs, food, equipment, etc. B-7