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RESOLUTION NO. 2014-258 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT AGREEMENT WITH Q2 DATA & RESEARCH, LLC TO PROVIDE DISTRICT MAPPING CONSULTANT SERVICES TO THE DISTRICTING COMMISSION; APPROVING THE PROPOSED DISTRICTING COMMISSION BUDGET, AND APPROPRIATING FUNDS, ACCORDINGLY (4/5 VOTE REQUIRED)
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
The City's inaugural Districting Commission held its first meeting of the full Commission on September 11, 2014 and has continued to meet monthly since that time. The Commission has identified a mapping consultant to assist in its efforts, and has prepared a proposed budget. The Commission is requesting that the City retain the consultant, Q2 Data & Research, LLC ("Q2"), and appropriate the necessary funds.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the contemplated action is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA.
BOARD/COMMISSION RECOMMENDATION
The Districting Commission recommends that the City retain Q2 and appropriate the funds necessary funds, as reflected in the Commission's proposed budget. The Commission adopted resolutions to this effect at its October meeting; copies of those resolutions are attached to this Agenda Statement. In addition, the Commission Chairman, Jerome Torres, will be in attendance at the City Council meeting to speak to these matters on behalf of the Commission.
DISCUSSION
Retention of Q2
The City Charter was amended in 2012 to provide that the four City Council members be elected by district. Charter section 300.5 created a Districting Commission to recommend a Districting Plan establishing four Council districts, beginning with the 2016 general municipal election. That section also provides that the Commission shall utilize one or more independent consultants to assist the Commission in developing Districting Plans and that the City Council shall ensure the appropriation of sufficient funds to allow the Commission to carry out its duties.
Accordingly, city staff and the Commission have undertaken to identify a mapping consultant to assist the Commission. In response to the City's Request for Proposals, two mapping consultants submitted proposals: Q2 and National Demographics Corporation. After reviewing the proposals and interviewing both candidates, the Commission resolved to recommend that the City retain Q2. Q2's scope of work general includes: (i) public outreach and engagement; (ii) Commission training on the Voting Rights Acts, districting criteria and the line-drawing process; (iii) compilation, analysis and reporting on census data and other relevant information; (iv) development of Draft and Recommended Districting Plan, as required by the Charter; and (v) attendance at Districting Commission and public outreach meetings. The contract amount for this work is a fixed fee of $68,000. The resolution and proposed consultant agreement between the City and Q2 are included as Attachment 1 to this Agenda Statement.
Budget
In its 2014-15 adopted budget, the City Council allocated $75,000 to be used by the Commission. The Commission has determined that additional funds will be needed to complete its work. The Commission prepared a draft proposed budget indicating both "hard costs" and "in-kind" services that it anticipates will be necessary. That proposed budget was adopted by the Commission at its November 10, 2014 meeting, with direction to staff to amend it as necessary after selection of the consultant. That budget is provided in Attachment 2.
The attached proposed budget reflects "Hard Costs" for fiscal year 2015 in the amount of $120,500. This is $45,500 over the $75,000 allocated in the 2015 budget. The hard costs include $68,000 for the Q2 contract, as well as additional staff costs, video recording, advertising and printing costs, and miscellaneous supplies and services. The Commission and staff are in the process of developing the specific public outreach plan, retaining a public outreach consultant, and identifying the types of services and tools that will be necessary for its work, such as translation services, and various public outreach tools. The retention of Q2 will be key to developing the overall work plan and identifying related costs.
Subsequent to the Commission's adoption of the proposed budget, it selected a public outreach consultant for retention by the City. The estimated budget for that consultant was $30,000; the proposal for the preferred consultant came in at roughly $41,000. Staff will be engaging in contract negotiations with that consultant and the final contract amount is subject to change based on those negotiations. In light of these negotiations, the fact that this is the first time the City has undertaken districting efforts, and in order to prepare for variations in cost estimates, staff would recommend that the City Council allocate $10,000 in contingency funds to ensure that the Commission has sufficient funds to complete its work. Although this was not in the Districting Commission proposed budget, we have notified Chairman Torres of this recommendation. Accordingly, an appropriation of $55,500 is being recommended.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council Member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action is the next step in implementing the voter-approved district election system for City Council members. Doing so will further the City's efforts toward its goal of a Connected Community, by implementing the will of the voters, and allowing the residents of each district to elect a City Council member from their own district.
CURRENT YEAR FISCAL IMPACT
There is a current year general fund fiscal impact of $55,500. This amount is in addition to the $75,000 already allocated. These amounts will cover the estimated costs of consultants, services and supplies, including videotaping meetings, and publication and printing costs, staff costs and contingencies which may arise as the work is carried out.
ONGOING FISCAL IMPACT
The requested funding for fiscal year 2016 of $1,400 for staff time and services and supplies for the Commission to complete its work will be included in the proposed budget. This work will be done by December 2015, so there is no ongoing fiscal impact beyond 2016.
ATTACHMENTS
Attachment 1: Districting Commission Resolution Recommending Retention of Q2; and Q2 Agreement
Attachment 2: Districting Commission Proposed Budget, and Resolution Adopting Same
Staff Contact: Jill Maland