TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT

DATE: FEBRUARY 7, 2006

SUBJECT: GRANT AGREEMENT BETWEEN THE CITY AND THE CALIFORNIA DEPARTMENT OF FISH AND GAME

RECOMMENDATION

1) Adopt Resolution No. 2006-__, thereby accepting a grant of $100,000, and all terms and conditions thereof, on behalf of the Palos Verdes Peninsula Land Conservancy (PVPLC) to perform baseline studies required for development of the NCCP Preserve Habitat Management Plan; 2) Execute an amendment to the existing Forrestal Management Agreement between the City and PVPLC to ensure that the PVPLC performs the work in accordance with the DFG-approved scope of work, budget and time frame; and 3) Adopt Resolution No. 2006-__, thereby approving a budget adjustment to allow the $100,000 in grant monies to paid to the PVPLC through the City.

BACKGROUND

On December 20, 2005, the City Council authorized the PVPLC to begin management of the City owned NCCP preserve properties on January 1, 2006, despite the preserve not being formally dedicated and the NCCP documents not being finally approved by all parties. It was felt that initiating the required management activities early would leave a favorable impression with the resource agencies, which could help with future funding requests. In addition, it would allow the public to see progress on the preserve properties. In taking this action, the City Council allocated $50,000 to the PVPLC to perform its management duties for the half-year period between January 1 and June 30, 2006.

Initial management of the preserve involves a substantial amount of surveys and monitoring, beyond what would be covered by the management budget, to establish good baseline data. As such, the PVPLC has received a grant from the California Department of Fish and Game (DFG) to perform the baseline studies. However, since the City is the lead agency for the NCCP, the DFG’s grant is being awarded to the City. In order to receive the grant monies, Staff is recommending that the City Council adopt the attached resolution accepting the terms and conditions of the grant agreement and the attached resolution that would allow the funds to be received by the City and then paid to the PVPLC. Furthermore, to ensure that

the PVPLC performs the work in accordance with the DFG-approved scope of work, budget and time frame, Staff is recommending that the City Council execute an amendment to the Forrestal Management Agreement between the PVPLC and City to that effect.

DISCUSSION

The City-approved NCCP Subarea Plan identifies the PVPLC as the “habitat manager” responsible for managing the habitat preserve in accordance with the framework management guidelines, habitat management and monitoring requirements, reporting requirements and covered species reintroduction requirements identified in the Subarea Plan. In order to initiate a successful Preserve management program, a substantial amount of surveys and monitoring to establish baseline data is necessary. To achieve this, in 2005 the PVPLC applied for and received approval of a $100,000 grant from the California Department of Fish and Game (DFG).

The scope of work, time schedule and budget associated with the approved DFG grant is described in detail in the attached Standard Agreement (Exhibit A of the attached Resolution). In summary, the PVPLC will be creating a database of information on all the properties within the Preserve; will be developing an “Initial Management and Monitoring Report” which will consist of plant and wildlife monitoring; will prepare a “Predator Control Plan” and a “Habitat Restoration Plan”; and will develop and report on a “Targeted Exotic Removal Plan“. This scope of work will supplement the work required by the NCCP. In most cases, this will mean that tasks required by the NCCP will be performed to an additional level in order to provide baseline information for the Preserve. The grant will allow PVPLC to team with other professionals to achieve the various tasks, resulting in monitoring and baseline studies more detailed than those required by the Subarea Plan. The grant will also enable the PVPLC to use the most current technologies and mapping techniques to create the plan and provide additional staff to document the baseline data and create a base on which future monitoring will build. Although the term of the DFG grant will be from March 2006 until June 2007, the PVPLC expects to complete the scope of work by December 2006. A detailed cost worksheet showing the itemized costs of completing the various tasks is attached to the Grant Agreement (Exhibit B of the Standard Agreement).

According to the approved NCCP, PVPLC has been designated as the official Preserve Manager for the City. Therefore, although the grant will be awarded to the City, PVPLC will perform the work required by the grant scope of work on behalf of the City. In addition, DFG requires that payment of the grant monies be made to the City and not directly to the PVPLC. Therefore, the City will manage the grant, and PVPLC will serve as the City's sub-contractor. For some tasks, PVPLC has entered into a subcontract with a consulting company, Dudek & Associates (Dudek) to provide expertise in particular areas. Once the City receives authorization from DFG, Staff will authorize the PVPLC to begin its work.

Invoices for work performed by the PVPLC will be submitted to the City on a monthly basis,
which in turn will be submitted to the DFG for reimbursement. To ensure that the PVPLC, as the City’s sub-contractor, performs the work in accordance with the DFG-approved scope of work, budget and time frame, the City Attorney has drafted an agreement (in the form of an amendment to the existing Forrestal Management Agreement) to be entered into by the City and PVPLC to that effect (attached). Staff is recommending that the city Council execute the Agreement between the City and PVPLC at this time.

FISCAL IMPACT

Agreeing to the terms and conditions of the DFG Grant Agreement and executing a separate agreement with the PVPLC would not result in an expenditure of City funds. Although there will be some Staff time involved in reviewing the monthly invoices and reimbursing PVPLC, the amount of time will be negligible. However, because the $100,000 in grant monies must be paid to the PVPLC through the City, a budget adjustment to allow for such pass-through of funds must be approved by the City Council. However, the budget adjustment would have no net effect on the City’s general fund since both expenditures and revenues would be increased by $100,000. As presented in the attached FY 05-06 Statement of Estimated General Fund Reserves, the current estimate of General Fund reserves is $12,523,003.

Respectfully submitted,

Joel Rojas
Director of Planning, Building,
and Code Enforcement

Reviewed by:

Les Evans
City Manager

Attachments:

CC Resolution No. 2005-__ (including Grant Agreement with attachments as Exhibit A)
Amendment to the Forrestal Management Agreement
CC Resolution No. 2005-__ for budget adjustment
FY 05-06 Statement of Estimated General Fund Reserves

RESOLUTION NO. 2006-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ACCEPTING THE TERMS AND CONDITIONS OF THE GRANT AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT IF FISH AND GAME TO RECEIVE GRANT FUNDING

WHEREAS, on August 31, 2004, the City Council of the City of Rancho Palos Verdes (“City”) approved the City’s NCCP Subarea Plan (“Plan”), which identified the Palos Verdes Peninsula Land Conservancy (“PVPLC”) as the City’s habitat manager responsible for managing the City’s NCCP Preserve (“Preserve”); and

WHEREAS, on December 20, 2005, the City entered into an agreement with the PVPLC authorizing the PVPLC to begin management of the Preserve properties on January 1, 2006 in accordance with the management requirements of the Plan; and

WHEREAS, the California Department of Fish and Game has approved grant funding in the amount of $100,000 to the City pursuant to Fish and Game Code section 1501.5 (b) to assist the PVPLC with the baseline documentation studies for the Preserve and with the development of an Initial Management and Monitoring Plan and Report, tasks that are necessary to initiate the overall management of the Preserve called out for in the Plan;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: The City Council hereby agrees to the terms and conditions of the California Department of Fish and Game Grant Agreement No. PO550006, as outlined in attached Exhibit A.

Section 2: The City Council hereby authorizes the Director of Planning, Building and Code Enforcement or his/her designee to execute the California Department of Fish and Game Agreement and all subsequent agreements or amendments to receive grant monies.

Section 3: The City Council hereby designates the PVPLC as the Project Manager for performing the approved scope of work called out for in the approved Grant Agreement.

PASSED, APPROVED, AND ADOPTED this 7th day of February 2006.

______________
Mayor
Attest:

______________________
City Clerk

State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2006-___ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on February 7, 2006.

 

________________________
City Clerk

RESOLUTION NO. 2006-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2005-53, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2005-2006, TO INCREASE THE BUDGET FOR NCCP RELATED TO RECEIPT AND PAYMENT OF GRANT FUNDING FROM THE CALIFORNIA DEPARTMENT OF FISH AND GAME

WHEREAS, Section 3.32 of the Rancho Palos Verdes Municipal Code provides that all expenditures in excess of budgeted allocations must be by supplemental appropriation of the City Council; and,

WHEREAS, on May 31, 2005, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 2005-53, approving a spending plan and authorizing a budget appropriation for FY05-06; and,

WHEREAS, on August 31, 2004, the City Council of the City of Rancho Palos Verdes (“City”) approved the City’s NCCP Subarea Plan (“Plan”), which identified the Palos Verdes Peninsula Land Conservancy (“PVPLC”) as the City’s habitat manger responsible for managing the City’s NCCP Preserve (“Preserve”); and

WHEREAS, on December 20, 2005, the City entered into an agreement with the PVPLC authorizing the PVPLC to begin management of the Preserve properties on January 1, 2006 in accordance with the management requirements of the Plan; and

WHEREAS, the California Department of Fish and Game has approved grant funding in the amount of $100,000 to the City pursuant to Fish and Game Code section 1501.5 (b) to assist the PVPLC with the baseline documentation studies for the Preserve and with the development of an Initial Management and Monitoring Plan and Report, tasks that are necessary to initiate the overall management of the Preserve called out for in the Plan;

BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES:

The following adjustments be made to the FY05-06 budget:

Increase the General fund budget as follows:
NCCP #222-3022-431-73-00 Habitat Restoration $ 100,000
NCCP #222-3022-369-10-00 Misc Revenue $ 100,000

PASSED, APPROVED, AND ADOPTED THE 7th DAY OF FEBRUARY 2006.

___________________________
MAYOR
ATTEST:

______________________
CITY CLERK

State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )

I, CAROLYNN PETRU, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005-__ was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on February 7, 2006.

_____________________________
CITY CLERK
CITY OF RANCHO PALOS VERDES