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RESOLUTION NO. 2015-225 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON ENVIRONMENTAL, INC., TO SERVE AS THE ROLLING HILLS RANCH PRESERVE STEWARD/BIOLOGIST (“AGREEMENT”) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND UP TO FOUR, ONE-YEAR EXTENSIONS TO THE AGREEMENT
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
On June 30, 2015, a Request for Proposals was distributed to qualified biological consultants in order to solicit candidates interested in serving as the Rolling Hills Ranch Preserve Steward/Biologist (PSB). Upon completing a competitive bidding process, the City selected RECON Environmental Inc. (RECON) to serve as the Rolling Hills Ranch PSB to manage and monitor the biological resources within the Rolling Hills Ranch Preserve. Council’s action would approve a two-party agreement between the City and RECON to manage the biological resources within the Rolling Hills Ranch Preserve in accordance with the Rolling Hills Area Specific Management Directives (ASMD) and Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it involves only the approval of a contract to provide biological technical services to the City as the Rolling Hills Ranch PSB; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no further environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The 214 acres of open space surrounding Rolling Hills Ranch were conserved as part of the mitigation requirements for the Rolling Hills Ranch III development. In 2011, these areas were dedicated to the City for inclusion into our MSCP Preserve and are to be managed for their biological resources. The requirement for the City to assume the long-term management of this Preserve is documented in the City’s MSCP Subarea Plan and associated Implementing Agreement with the Wildlife Agencies.
To date, the Rolling Hills Ranch Preserve has been managed by several biological consulting firms though various purchase orders issued on a per annum basis. Under this procurement and management structure, maintaining consistency with identifying, prioritizing, and implementing long-term management directives has been challenging. Similarly maintaining a collaborative relationship with the adjacent San Diego National Wildlife Refuge and the Rolling Hills Ranch Homeowners Association (HOA) has also been difficult without a long-term preserve steward responsible for tracking the overall health of the preserve, identifying stressors, and developing a coordinated response to address issues as they arise.
To improve future management efforts within this area and make more efficient use of available Community Facilities District (CFD) funds, staff has prepared a two-party Agreement modeled after the successful Otay Ranch PSB contract. As with the Otay Ranch PSB contract, the Rolling Hills Ranch PSB Agreement contains provisions that would allow the Agreement to be renewed on an annual basis, at the City’s sole discretion, for up to four additional 1-year terms. The City Manager shall have the authority to exercise each option to renew based on the Consultant’s performance and timely completion of tasks identified in the approved Work Plan. If at any point during the renewal period the City determines that the Consultant is not fulfilling its contractual obligations, the City may proceed with terminating the Agreement pursuant to Section 8 and Section 10 of the Agreement (Termination of Agreement for Cause and Termination of Agreement for Convenience of City, respectively). While the contract allows up to five-years of management, it’s important to note that today’s actions only approve the specific biological consulting services work for the initial one-year term.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject to this action. Staff is not independently aware, nor has staff 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. The services provided by the Rolling Hills Ranch PSB support the Healthy Community goal, particularly City Initiative 3.2.1 (Implement environmental/conservation programs). The Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan and associated Implementing Agreement with the Wildlife Agencies rely on the City’s implementation of the Rolling Hills Ranch ASMDs for the protection of biological resources within the Rolling Hills Ranch Preserve. Approval the two-party agreement will assure biological resources within Rolling Hills Ranch Preserve are adequately protected and managed.
CURRENT YEAR FISCAL IMPACT
The funding source for this contract is provided through the City’s Community Facility District 11-M (CFD 11-M). A not-to-exceed budget of $40,000 for Rolling Hills Ranch PSB related activities has been programmed into the FY2015-16 budget for CFD 11-M. Therefore, the cost to implement the two-party agreement with RECON will not result in a fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
Community Facilities District 11-M was established to provide a perpetual funding source for maintenance and monitoring of the Rolling Hills Ranch Preserve, and therefore no impacts to the City’s General Fund will occur. The fiscal year 2015-16 budget for preserve management and monitoring is up to $40,000; however, this amount will vary each year and will be reassessed on an annual basis as part of the City’s approval of the Rolling Hills Ranch Annual Work Plans. Notwithstanding, the maximum compensation for each renewal period shall be determined through the Annual Work Plan and shall not exceed $40,000 or the CFD funds available (if less) as determined by City’s finance staff. Final annual expenditure amounts will be included as part of the City’s annual budget for City Council action.
ATTACHMENTS
Two-party Agreement: Rolling Hills Ranch Preserve Steward/Biologist
Staff Contact: Glen Laube, Senior Planner