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HomeMy WebLinkAbout1997-04-22; City Council; 14157; COMPLETION OF THE HABITAT MANAGEMENT PLANCI Lu g tx 4 2 .. g F 0 < 4 G z 0 s 9- f$ r (4 z 6 .d. 0 %TY OF CARLSBAD - AGENDA BILL Completion of the Habitat Management Plan AB# lqjj53 TITLE: MTG. 4/22/97 CITY ATTY. . DEPT, CD CITY MGR? RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 93- 459 , authorizing staff to pro( completion of the Habitat Management Plan as outlined below, approving an approp $138,070 from the General Fund Contingency Balance, and authorizing the City M execute a Standard Professional Services Agreement in an amount not to exceed $1 38 the Rick Alexander Company. ITEM EXPLANATION: The Habitat Management Plan (HMP) was initiated in 1991 in order to find a proacti addressing the issue of rare, sensitive, threatened, and endangered species in the C use planning. The program is intended to provide long term federal and state permits a defined list of species on a Citywide basis for both public and private development To obtain the permits the City must adopt a plan for conservation of selected species habitats at a level considered adequate by the state and federal wildlife resource agen HMP is intended to satisfy that requirement. A significant change in the status of the HMP occurred in 1996 related to the feden for the California gnatcatcher. The rule and regional decisions regarding its impk have placed a cap on the amount of coastal sage scrub habitat that may be lo! completion of the HMP. The cap was set at 165 acres beginning in March 1993. As a number of development projects which impact coastal sage scrub, the City’s 5% has been substantially reduced. The remaining balance in the City’s 5% allocatioi acres. Of the remainder, 35 acres is already committed to the Carrillo Ranch project October 1997. Other projects are also expected to request approval to deduct from 5% in the coming months. Thus, it is anticipated that the City’s entire 5% allocati exhausted by October of this year. At that point, unless the HMP is approved, a n on development in habitat areas could result. City staff met with high level representatives of the state and federal wildlife a October 1996 to address the anticipated exhaustion of the 5% allocation. It was ag parties that the preferred resolution is to pursue completion and approval of th October 1997. Adoption of the HMP will eliminate the 5% limitation and replace administered policies and regulations regarding impacts to species and habitats. B 0 PAGE 2 OF AGENDA ILL NO. 19; 15 7 Upon federal and state approval of the HMP, local permit authority will be restored t for lands that contain protected habitats and species. Without the HMP these lar remain under state or federal permit jurisdiction. The City’s ability to self-permit wil both public and private projects. Necessary City facilities that may impact habita specifically permitted and provided with guaranteed advance mitigation. The HMP i! to be sufficiently comprehensive to address all future sensitive species issues througl of the City. In pursuit of this objective, staff has carried out considerable planning work on some using consultants to augment City staff. The consultant services since October 1996 for through a combination of a federal grant and a mitigation contribution from the Costa project. Those funds have now been expended, and additional funding for 1 services will be needed in order to complete the HMP. Work Program and Costs Exhibit 2 is the proposed work program for completion of the HMP. This work together with outside legal service which are being provided separately, will comr the tasks necessary to produce final approval of the HMP, including issuance of state permits. The work program can be divided into four general categories of tasks. Biological Analysis, FaciIitation/Negotiation, Economic Analysis, and Document Prep It is recommended that The Rick Alexander Co. be approved as the prime consult? work. Mr. Alexander has served as the facilitator for the HMP process since its inct as the prime consultant for all of the work done since October 1996. Subconsulta Rick Alexander Co. will include Ogden Environmental and Energy Services who w the biological analysis, Onaka Planning and Economics who will provide the analysis, and Jean K. Carr Consulting who will produce the final documents for apprc City and wildlife agencies. Both Onaka Planning and Economics and Jean K. Carr ( have worked on the HMP previously and have extensive background experience Carl sbad. The total cost of the work will be $138,070. The cost is broken down between tl categories of tasks as follows: public and private projects that will need habitat permitting. This work was accc B i ol og i cal Analysis $74,375 Faci I i tation/N egot iat ion 35,175 Economic Analysis 14,550 Document Preparation 13,970 0 PAGE 3 OF AGENDA B ILL NO. /4,15 3 FISCAL IMPACT: It is recommended that funding to complete the HMP be appropriated from the Ger Contingency Balance. The amount available at this time is $409,800. Thus far, the City has expended $362,218 on the HMP. With approval of recommendation, the total would become $500,288. These figures represent on\y ti consultant services and do not include the cost of staff time. Additional staff tim required to complete the HMP and to implement the final program. Staff intends recovery of a portion of the City's costs related to the HMP from benefitting de\ projects. This will be evaluated during the economic analysis portion of the work Long-term fiscal impacts to the City as a result of implementing the HMP will also be as a part of the work program. EXHIBITS: 1. City Council Resolution No.??-YS7 . 2. Work Program and Costs 1 2 3 4 5 6 7 8 9 ' o 11 l2 I 3 14 ' 5 16 l7 18 19 20 21 22 23 24 25 26 27 28 e 0 RESOLUTION NO. 9 7 - 4 5 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROPRIATING $138,070 FROM THE GENERAL FUND CONTINGENCY BALANCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE A STANDARD PROFESSIONAL SERVICES AGREEMENT WITH THE RICK ALEXANDER COMPANY FOR COMPLETION OF THE HABITAT MANAGEMENT PLAN. WHEREAS, the City of Carlsbad has embarked upon a planning proces: Habitat Management plan which is intended to address the conservation of ran threatened, and endangered species of plants and animals while allowing compatiblt private construction and development; and WHEREAS, preparation of the Habitat Management Plan is a technical undertaking necessitating the use of consultants in various fields of expertise, includi economics, and environmental documentation; and WHEREAS, the City Council intends that the Habitat Management Plan be c 1997 in order to maintain an orderly land use planning and development process; and WHEREAS, the City Council wishes to retain the services of consultants at ensure that the Habitat Management Plan will be completed in 1997. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. 2. That the above recitals are true and correct. That the City Manager is authorized to execute a standard professiol agreement in an amount not to exceed $138,070 with The Rick Alexander Companj expert assistance in the completion of the Habitat Management Plan. 3. The Finance Director is authorized to appropriate $138,070 from ' Fund Contingency Balance to cover the cost of the professional services nec completion of the Habitat Management Plan. Ill /// 2 3 4 5 6 7 8 9 10 11 12 13 j4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Councilheldonthe 22nd dayof April , 1997, by the following v AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and 1 NOES: None ABSENT: None ATTEST: dA. R. ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 4 -2- 1 0 a PASSED, APPROVED AND ADOPTED at a regular meeting of the Ca . .- EXHIBIT 2 a a DRAFT HMP BUDGET SUMMARY 3/31/97 Fixed Price Tasks Task 1 : Finalize HMP Preserve Design Qgden 6,000.( Task 2: Identify Final Plan lpolicieu TRAC 4,650.( Ogden 5,800.( Identify FinaI Covered Species List Task 3: Ogden 1 1,ooo.c Task 4: Coordinate HMP with Existing City Plans and Regulations Ogden 1 zo0.c Task 5: Finance and Acquisition Strategy (prepared by City) No team costs 0.c Fiscal Impact Study of HIYIP Implementation OPE 10,950.0 Task 6: Task 7: Local Adoption Strategy TRAC 4,900.0 Ogden 1,600.0 Resource Agency Negotiations and Take Authorization Approval (coordinated with David LMoserlMcCutcheon, Doyle) TRAC 6,000.01 Task 8: Ogden 3,000.0 1 0 0 Task 9: Preserve ManagemeWMaintenance Strategy Ogden 12,000.0~ Task 10: NEPNCEQA Documentation (City will prepare CEQA document) Ogden 7,800.0( Cal-f 2,570.0( Task 11: Prepamtion of HMP Document TRAC 4s400.01 Ogden 9,750.0( Cam 7,800.0( Subtotal: Tasks 1-11 $99,420.0C Meetings- Task 12 (The and materials not to exceed) Project team members will attend and facilitate up to 34 meetings on a time- and-rnatmials basis. This task includes meetings with the following participmh and forums (anticipated number of meetings in parenthesis): property owners (5) City project management (6: including golf course/park representatives, etc.) Wildlife Agency Negotiations; HW/IA property omedwildlife agency negotiations (10) = Planning Commission (1) City Council (1) public hearingdmeetings (2) TRAC 15,225.00 Ogden 16,225 .OO OPE 3,600.00 Can 3,600.00 Subtotal: Task 12 $38,650.00 Total Tasks 1-12 %138,070.00 Team Meetings with the City (6) 2 I .-. 0 0 Contingency Tasks (time and materials not to excd) Task 13: Geographic Information System Support Ogden 2V,OQQ,QC Task 14: Field Biological Surveys on Selected Private Lands Ogden 10,000 ,oo Subtotal: Tasks 13,14 %30,000.00 \\Lmn\sya~~~ON\TR~~mm.da 3 ( 0 0 AGENDA fTEM #d - CHAMBER OF COMMERCE Q Mayor City Council City Manager city Attorney city Clerk ARLSBAD *c April 18,1997 $$?% TO: CARLSBAD CITY COUNCIL FROM: BILL HOFMAN, BOARD PRESIDENT and I Crry ISSUES coIm4ITTEE SUBJECT AB #I 4,157 CITY HABITAT MANAGEMENT PLAN On behalf of the Board of TNstees, and our City Issues Committee, we offer our support of AB #14,157, and Resolution No. 97-459, concerning Completion of the City’s Habitat Management PI=. We support authorizing staffto proceed with completion of the Habitat Management Plan, approving an appropriation of %l38,070 4om the Generai Fund contingency Balance, and authorking the City Manager to execute a consultant agreement with the Rick Alexander Company. z&?* BILL HOFMAN Board President H wh 2 AI 1 541 1 Avenicla Encinas, Suite 100 PO. Box 1605 CarIsbad, California 92008 e e (760) 331-8400 Fax (760) 931-9153 TOTR 0 0 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into as of the \3% day ,h, , 1997, by and between the CITY OF CARLSBAD, a munic corporation, hereinafter referred to as Tity", and The Rick Alexander Company, hereina referred to as "Contractor." RECITALS City requires the services of Contractor to provide the necessary facilitation negotiation services for preparation of the Habitat Management Plan; and Contractor posse the necessary skills and qualifications to provide the services required by the City; NOW, THEREFON, in consideration of these recitals and the mutual coven contained herein, City and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS Contractor agrees to complete $11 tasks as stated in the work program which is attache Exhibit 1. 2. CITY OBLIGATIONS The City shall provide Geographic Information Services support, a fiscal impact anal and appropriate documentation to satisfy the California Environmental Quality Act. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notifici to proceed by the City and be completed by December 31, 1997. Extensions of time ma granted if requested by the Contractor and agreed to in writing by the City. 1 Rev. 04- 0 0 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $138,070. No ot compensation for services will be allowed except those items covered by supplema agreements per Paragraph 8, "Changes in Work ". Contractor shall submit monthly invoices documenting work completed during previous month. 5. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within days of the date the invoice was submitted. 6. DURATION OF CONTRACT This agreement shall extend until December 31, 1997. The contract may be extendec the City Manager for one additional one (1) year periods or parts thereof, based upon a revie! satisfactory performance and the City's needs. The parties shall prepare extensions in wri indicating effective date and length of the extended contract. 7. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, informal consultations with the other party indicate that a change in the conditions of the con is warranted, the Contractor or the City may request a change in contract. Such changes sha processed by the City in the following manner: A letter outlining the required changes sha forwarded to the City by Contractor to inform them of the proposed changes along wi statement of estimated changes in charges or time schedule. A Standard Amendmer Agreement shall be prepared by the City and approved by the City according to the procec described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement 2 Rev. 04- 9 e not render ineffective or invalidate unaffected portions of the agreement. 8. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company person, other than a bona fide employee working for the Contractor, to solicit or secure t agreement, and that Contractor has not paid or agreed to pay any company or person, other tha bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any ot consideration contingent upon, or resulting from, the award or making of this agreement. breach or violation of this warranty, the City shall have the right to annul this agreement witlr liability, or, in its discretion, to deduct from the agreement price or consideration, or otherv recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contins fee. 9. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscriminatii 10. % This agreement may be terminated by either party upon tendering thirty (30) days wri notice to the other party. In the event of such suspension or termination, upon request of City, the Contractor shall assemble the work product and put same in order for proper filing closing and deliver said product to City. In the event of termination, the Contractor shall be for work performed to the termination date; however, the total shall not exceed the fee pay under paragraph 4. The City Manager shall make the final determination as to the portior tasks completed and the compensation to be made. 11. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be assertt 3 Rev. 04- e e part of the contract process as set forth in this agreement and not in anticipation of litigation o conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and the Contractor may be subject to criminal prosecution. ' Contractor acknowledges that California Government Code sections 12650 et seq., the F, Claims Act, provides for civil penalties where a person knowingly submits a false claim 1 public entity. These provisions include false claims made with deliberate ignorance of the f information or in reckless disregard of the truth or falsity of information. If the City of Carls seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litiga costs, including attorney's fees. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 3.32.028 pertaining to false claims are incorporated herein by refere- 12. STATUS OF THE CONTRACTOR The Contractor shall perfonn the services provided for herein in Contractor's own wi an independent contractor and in pursuit of Contractor's independent calling, and not a employee of the City. Contractor shall be under control of the City only as to the result t accomplished, but shall consult with the City as provided for in the request for proposal. persons used by the Contractor to provide services under this agreement shall not be consic: employees of the City for any purposes whatsoever. The Contractor is an independent contractor of the City. The payment made tc Contractor pursuant to the contract shall be the full and complete compensation to whicl Contractor is entitled. The City shall not make any federal or state tax withholdings on beh; the Contractor or hidher employees or subcontractors. The City shall not be required to pa; workers' compensation insurance or unemployment contributions on behalf of the Contract Rev. 04- 4 e 0 hisher employees or subcontractors. The Contractor agrees to indemnify the City within 30 d for any tax, retirement contribution, social security, overtime payment, unemployment pay or workers' compensation payment which the City may be required to make on behalf of Contractor or any employee or subcontractor of the Contractor for work done under agreement or such indemnification amount may be deducted by the City from any balance ov to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform Control Act of 1986 and shall comply with those requirements, including, but not limitec verifying the eligibility for employment of all agents, employees, subcontractors and Consult that are included in this agreement. 13. CONFORMITY TO LEGAL REOUIREMENTS The Contractor shall cause all final reports to conform to all applicable requiremeni law: federal, state and local. Contractor shall provide all necessary supporting documents, t filed with any agencies whose approval is necessary. Contractor agrees to allow City or its designated representative to monitor, audit, rev and examine the methods, procedures, and results of Contractor. 14. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein require( the property of the City, whether the work for which they are made be executed or not. I1 event this contract is terminated, all documents, plans, specifications, drawings, reports, studies shall be delivered forthwith to the City. Contractor shall have the right to make on copy of the plans for hidher records. 5 Rev. 04- 0 0 15, REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pus to this contract shall be vested in City and hereby agrees to relinquish all claims to copyrights in favor of City. 16. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its offi officials, employees and volunteers from and against all claims, damages, losses and expe including attorney fees arising out of the performance of the work described herein cause whole or in part by any willful misconduct or negligent act or omission of the contractor, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose any of them may be liable, except where caused by the active negligence, sole negligenc willful misconduct of the City of Carlsbad. Contractor shall at his own expense, upon written request by the City, defend any suit or action brought against the ,City, its officers, officials, employees and volunt Contractor's indemnification of City shall not be limited by any prior or subsequent deck by the contractor. 17. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies thereunder without the prior written consent of the City. 18. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contra the Contractor, Contractor shall be fully responsible to the City for the acts and omissi0 Contractor's subcontractor and of the persons either directly or indirectly employed b; 6 Rev. 04- 0 0 subcontractor, as Contractor is fof the acts Afid omissions of persons directly employed Contractor. Nothing contained in this contract shall create any contractual relationship betu any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor every subcontractor of a subcontractor by the terms of this contract applicable to Contrac work unless specifically noted to the contrary in the subcontract in question approved in wri by the City. 19. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the Cit negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or appro of this agreement, shall become directly or indirectly interested personally in this contract ( any part thereof. No officer or employee of the City who is authorized in such capacity an1 behalf of the City to exercise any executive, supervisory, or similar functions in connection the performance of this contract shall become directly or indirectly interested personally in contract or any part thereof. 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the ( either before, during or after the execution of this contract, shall affect or modify any of the tc or obligations herein contained nor entitle the Contractor to any additional payment whatsc under the terms of this contract. 21. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all tc conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and of their respective heirs, executors, administrators, successors, and assigns. 7 Rev. 04- 0 0 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 23. CONFLICT OF INTEREST The Contractor shall file a conflict of interest statement with the City Clerk in accord; with the requirements of the City’s conflict of interest code incorporating Fair Political Pract Commission Regulation 18700 as it defines “consultant.” The disclosure category shall categories 1 through 4. 24. INSURANCE The Contractor and/or subcontractors as applicable shall obtain and maintain for duration of the contract and any and all amendments insurance against claims for injurie persons or damage to property which may arise out of or in connection with performance of work hereunder by the contractor, his agents, representatives, employees or subcontractors. I insurance shall be obtained from an insurance carrier admitted and authorized to do busines the State of California. The insurance,carrier is required to have a current Best’s Key Ratin not less than “A-:VI’ and shall meet the City’s policy for insurance as stated in Resolution No. 403. A. Coverages and Limits. Contractor/subcontractors as applicable shall maintain the types of coverages minimum limits indicated herein: 1. Comprehensive General Liability Insurance. $1,000,000 combined sir limit per occurrence for bodily injury, personal injury and property damage. If the subm policies contain aggregate limits, general aggregate limits shall apply separately to the 1 under this contract or the general aggregate shall be twice the required per occurrence limit. 8 Rev. 04- 0 0 2. Automobile Liability (if the use of an automobile is involved contractor's work for the City). $1,000,000 combined single-limit per accident for bodily inj and property damage. 3. Workers' Compensation and Employer's Liability. Work Compensation limits as required by the Labor Code of the State of California and Emploj Liability limits of $1,000,000 per accident for bodily injury. 4. Professional Liability for subcontractor providing expert advice regard biology, errors and omissions liability with limits of not less than $1,000,000 per cla Coverage shall be maintained for a period of five years following the date of completion of work. B. Additional Provisions. Contractor/subcontractors shall ensure that the policies of insurance requ under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies exclud Workers' Compensation and Professional Liability. 2. The contractor shall furnish certificates of insurance to the City bel commencement of work. 3. The contractor shall obtain occurrence coverage, excluding Professic Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and i extension thereof and shall not be canceled without 30 days prior written notice to the City s by certified mail. 5. If the contractor fails to maintain any of the insurance coverages requi 9 Rev. 04-1' e 0 herein, then the City will have the option to declare the contractor in breach, or may purc! replacement insurance or pay the premiums that are due on existing policies in order that required coverages may be maintained. The contractor is responsible for any payments mad the City to obtain or maintain such insurance and the City may collect the same from contractor or deduct the amount paid from any sums due the contractor under this agreement. 25. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive wrj notice on behalf of the City and on behalf of the Contractor in connection with the foregoing as follows: For City: Title Senior Management Analyst Name Donald L. Rideout Address 2075 Las Palmas Drive Carlsbad, CA 92024 For Contractor: Title Principal Name Rick Alexander Address 1551 Fourth Avenue, Suite 430 San Diego, CA 92101-3152 26. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the dura of the contract. 27. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contempl; herein, embody the entire agreement and understanding between the parties relating to 10 Rev. 04- 1 a e subject matter hereof. Neither this agreement nor any provision hereof may be amen modified, waived or discharged except by an instrument in writing executed by the party ag: which enforcement of such amendment, waiver or discharge is sought. ... Executed by Contractor this \3& day of h, ,19 57. CONTRACTOR: CITY OF CARLSBAD, a munic corporation of the State of California T- --__ TA-E Q\W-~WOWL co. /-- --. '\ -i---. '\ >\\ & /- By-: wkQ &,;--A=- y - 46,4, Signature City Mana$er wMapr * LOV\S b. &uqc Print Name/Title ATTEST: By: Signature Print Name/Title ' (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice president AND secretay or assistant secretay must sign for corporations. only one oficer signs, the corporation must attach a resolution certlJied by the secretary assistant secreta y under corporate seal empowering that officer to bind the corporation) APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: .lr/.dLtbJA- Pputy City Attorngy 11 Rev. 04-19 e . 0 e STATE OF CALIFORNIA COUNTY OF SAN DIEGO On “/36.LL/ 3: M97 before me, f &eFd s. /t;l e&- 1 Notary Pubqic, personally appeared k? LC is 8 . &/,e I(Alc/bE& [ ] person known to me - or [C/(i;roved to me on the basis of satisfactory evidence to be the personCsfwh name(-@ ish subscribed to the within instrument and acknowledged to me that he/&& executed the same in his-r authorized capacity@+, and that by his/krf&ek signatur on the instrument the person($, or the entity upon behalf of which the person($ acted, exec1 the instrument. ‘