HomeMy WebLinkAboutNature Collective and Center for Natural Lands Management; 2019-10-09;ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSB~D, THE COUNTY OF SAN DIEGO, THE NATURE
COLLECTIVE, ANDTHE'CENTER FOR NATURAL LANDS MANAGEMENT FOR
THE WARD'S WEED ERADICATION PROGRAM
This Memorandum of Understanding (MOU) is made and entered into on ____ __,
2019 by and among the City of Carlsbad, the County of San Diego, the Nature Collective
(formerly the San Elijo Lagoon Conservancy) and the Center for Natural Lands Management
(individually Party and collectively Parties).
RECITALS
A. Ward's weed is a highly invasive non-native plant that threatens native habitats,
protected plant and animal species, recreation and agricultural areas, and increases the wildfire
fuel load. Local and state agencies recognize Ward's weed as a high priority for eradication.
B. Ward's weed was first discovered in North America on the Rancho La Costa Preserve in
the City of Carlsbad in 2008. It has since been found in approximately 200 acres of habitat
within the City of Carlsbad's Habitat Management Plan (HMP) preserve. Ward's weed has been
found at three other locations in San Diego County, however 90% of the known infestation is in
the City of Carlsbad.
C. Infested areas in the City of Carlsbad, as more particularly described in Attachment A,
include nine acres of land managed by the Center for Natural Lands Management and
approximately five acres on City-maintained areas (Alga Norte Park landscaping and two City
trail easements). The remaining infestation, approximately 186 acres, is on unmanaged HMP
preserve land owned by a homeowners' associations and business associations.
D. Local agencies and stakeholders, including the City of Carlsbad, the County of San Diego,
the Nature Collective, and Center for Natural Lands Management, have identified effective
treatment methods and best management practices, provided educational outreach to affected
groups, and developed a proposed Ward's weed eradication program for the infested areas in
the City of Carlsbad.
E. The Parties have identified the application of a pre-emergent herbicide, Gallery SC,
which stops the Ward's weed seeds from germinating and prevents future seed production, as
the best method to eradicate this species (the Eradication Services). For the pre-emergent
herbicide to work properly, it must be applied not long before the first measurable rainfall of
the season, which may occur as early as November 1.
F. The Parties have entered into, or will enter into, separate contracts with a contractor to
perform Eradication Services during Fiscal Years 2019-2021 (the Contracts), in the following
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October 9th
estimated amounts: City of Carlsbad ($200,000}; the Nature Collective ($100,000}; and Center
for Natural Lands Management ($10,000}. Grant funding obtained by the County of San Diego
($82,400) will be used by County staff to perform ward's weed eradication activities, and
approximately $1,600 will be provided by Center for Natural Lands Management for in-kind
staff time.
G. The Parties agree that coordinated, aggressive control of this species will save a
significant amount of resources in the future. The Parties desire to execute this MOU to define
the terms and conditions under which the Parties will coordinate and prioritize activities,
amongst themselves and with ACS under the Contracts, to prevent the introduction,
establishment and spread of Ward's weed within the City of Carlsbad.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, the Parties agree as follows:
AGREEMENT
A. Prior to November 1, 2019, each Party shall execute and secure funding for their respective
agreement for the Eradication Services within the City of Carlsbad for the period of two
years (2019-2021). The amounts for the contracts are estimated as follows: the County of
San Diego ($82,400); the Nature Collective ($100,000}, the City of Carlsbad ($200,000); and
the Center for Natural Lands Management ($10,000).
B. Each Party's contract shall provide Eradication Services in the City of Carlsbad that allows
for a treatment protocol using Gallery SC, a pre-emergent used in native habitat landscapes
for Ward's weed control. Each Party shall be responsible for their respective contractual
requirements, including but not limited to the payment of contract costs and providing
direction to their contractor(s) under their respective contracts.
C. Each Party shall be responsible for obtaining any necessary permissions to access private
property within the infestation area of the City of Carlsbad, for purposes of providing the
Eradication Services.
D. Prior to November 1, 2019, the Parties and their contractors will meet to discuss current
conditions, prioritize treatment areas for the Eradication Services, develop a treatment
schedule, and finalize any other necessary program details to treat Ward's weed in the City
of carlsbad during the upcoming growing season (generally, November 2019 -June, 2020).
The Parties agree to use a mutually agreed upon adaptive management strategy, which may
require future adjustments to the treatment methods, prioritization of treatment areas, and
treatment schedule based on factors such as new data, weather, site conditions, and
regular coordination.
E. The Parties agree that the "treatment area" will include the known area of infestation in
Carlsbad, as further described on Attachment A. Currently (August 2019), the mapped
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infestation area is between El Camino Real and the eastern border of the city, and between
Palomar Airport Road and Alga Road. This treatment area may expand if additional areas
are found to be infested in the City of Carlsbad.
F. The Parties acknowledge that contract contributions from each Party will be as follows
during the term of this MOU: (1) the Center for Natural Lands Management's contract will
only be used to provide treatment within areas owned and managed by the Center for
Natural Lands Management, as further depicted in Attachment A; (2) the County of San
Diego's contract will be used within open space areas south of Poinsettia Lane, areas north
of Poinsettia Lane that are owned by Rancho Carrillo Master Association, and a portion of
the open space owned by Bressi Spectrum, as further depicted in Attachment A; and (3) the
contracts for the Nature Collective and the City of Carlsbad will be used for initial
treatments within the Bressi Ranch and Bressi Spectrum open space areas (which may
include both preserve and adjacent fuel modification areas), as further depicted in
Attachment A. The contracts for the Nature Collective and the City of Carlsbad may also be
used to re-treat areas throughout all areas if surplus funds remain. If there is insufficient
contract capacity to treat the entire treatment area initially, or to re-treat all areas in need
of follow-up treatment, the Parties shall mutually agree on re-prioritization of treatment
areas.
G. This MOU may be revised as necessary by mutual consent of the Parties, through a written
amendment executed by all Parties.
H. This MOU in no way restricts any Party from participation in similar agreements and/or
activities with other public or private entities.
I. This MOU shall be effective upon execution by the City of Carlsbad and the Nature
Collective (Effective Date) and, unless otherwise amended, expires two (2) years after the
Effective Date. Any Party may terminate their participation in this MOU by providing 60
days' written notice to the other Parties of its desire to withdraw from the MOU. If such
notice is given, the MOU shall continue to be binding on the Parties who have not formally
withdrawn.
J. Notwithstanding any other provision herein, the Parties acknowledge that the County of
San Diego and the Center for Natural Lands Management may not execute this MOU
concurrently with the City of Carlsbad and the Nature Collective. If either the County of San
Diego or the Center for Natural lands Management execute the MOU at this later date, that
Party may join the MOU without need for further approval by the other Parties.
K. All obligations of the City of Carlsbad and the County of San Diego under the terms of this
MOU are subject to the appropriation of the required resources by the City Council of the
City of Carlsbad and the Board of Supervisors of the County of San Diego, respectively.
Oct. 8, 2019 Item #1 Page 13 of 50
L. Each Party shall perform its·responsibilities and activities described herein as an
independent party and not as an officer, agent, servant, or employee of any of the other
Parties hereto. Each Party shall be solely responsible for the acts and omissions of its
officers, agents, employees, contractors, and subcontractors, if any. Nothing herein shall be
considered as creating a partnership or joint venture between the Parties.
M. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights
in third parties to this MOU or affect the legal liability of the Parties to third parties.
N. Any notice required under this MOU may be personally served on the other Parties, by the
Party giving notice, or may be served by certified mail, return receipt requested, to the
following addresses:
City of Carlsbad
Attn: Rosanne Humphrey
1635 Faraday Avenue
Carlsbad, CA 92008
County of San Diego
Attn: Ha Dang
Dept. of Agriculture, Weights and Measures
9325 Hazard Way Suite 100
San Diego, CA 92123
Nature Collective
Attn: Doug Gibson
P.O. Box 230634
Encinitas, CA 92023
Center for Natural Lands Management
Attn: Isabella Gelmi
27258 Via lndustria, Suite B
Temecula, CA 92590
0. This MOU may be executed in any number of identical counterparts, each of which shall be
deemed to be an original, and all of which together shall be deemed to be one and the
same instrument when each Party has signed one such counterpart.
P. All terms, conditions, and provisions of this MOU shall inure to and shall bind each of the
Parties hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
Q. This MOU shall be interpreted in accordance with the laws of the State of California. If any
action is brought to interpret or enforce any term of this MOU, the action shall be brought
in the County of San Diego, State of California.
Oct. 8, 2019 Item #1 Page 14 of 50
City of Carlsbad
APPROVED AS TO FORM:
City of Carlsbad
Doug Gibson, Executive Director
The Nature Collective
Ha Dang, Agricultural Commissioner
San Diego County
APPROVED AS TO FORM:
Legal Counsel
San Diego County
Isabella Gelmi, Corporate Secretary
Center for Natural Lands Management
Oct. 8, 2019
lo/ey /I 1
Date
Date
Date
Date
Date
Item #1 Page 15 of 50
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the dates written below.
Scott Chadwick, City Manager
City of Carlsbad
APPROVED AS TO FORM:
Amanda Guy, Deputy City Attorney
City of Carlsbad
The Nature Collective
Ha Dang, Agricultural Commissioner
San Diego County
APPROVED AS TO FORM:
Legal Counsel
San Diego County
Isabella Gelmi
Center for Natural Lands Management
Oct. 8, 2019
Date
Date
Date
Date
Date
Date
Item #1 Page 16 of 50
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the dates written below.
Scott Chadwick, City Manager
City of Carlsbad
APPROVED AS TO FORM:
Amanda Guy, Deputy City Attorney
City of Carlsbad
Doug Gibson, Executive Director
The Nature Collective
Ha Dang, Agricultural Commissioner
San Diego County
APPROVED AS TO FORM:
Legal Counsel
San Diego County
Isabella Gelmi, Corporate Secretary
Center for Natural Lands Management
Oct. 8, 2019
Date
Date
Date
Date
Date
9/23/2019
Date
Item #1 Page 17 of SO
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