Agenda Item A.3
CP CONSENT CALENDAR
Meeting Date: April 15, 2025
TO: Mayor and Councilmembers
SUBMITTED BY: Luz “Nina” Buelna, Public Works Director
PREPARED BY: George Thomson, Parks and Open Space Manager SUBJECT: Agreement with University of California Santa Barbara Cheadle Center for Biodiversity and Ecological Restoration for the Ellwood Mesa Monarch Butterfly Habitat Management Plan Phase 1 Implementation
RECOMMENDATION:
Authorize the City Manager to execute a Research Agreement with the University of California, Santa Barbara Cheadle Center for Biodiversity and Ecological Restoration for continued habitat restoration and monitoring services, not to exc eed $64,788, with a termination date of December 31, 2025.
BACKGROUND:
On March 19, 2019, City Council adopted the Ellwood Mesa/Sperling Preserve Open Space Monarch Butterfly Habitat Management Plan (MBHMP). The MBHMP is a comprehensive, programmatic app roach to managing, enhancing, and monitoring monarch butterfly seasonal aggregation areas and supporting habitats at the Ellwood Mesa Open Space. The MBHMP outlines various programs intended to maintain and improve habitat conditions to ensure the long -term viability of the monarch butterfly population while allowing for coastal access, natural history education, compatible recreational opportunities, and an improvement of public safety.
In 2018, the City secured a $3.9 M grant from the California Coastal Conservancy to fund the MBHMP. The grant was completely utilized and expired at the end of February 2025.
Since 2021, the City has secured professional services from qualified consultants , contractors, and universities to implement Phase 1 of the MBHMP. Th e professional services included the completion of an environmental review addendum, securing project permits, biological and cultural monitoring, comprehensive community outreach and education, implementation of a mitigation and monitoring plan, permit and grant reporting, professional design services, acquisition and propagation of plants, restoration implementation, and construction of drainage, irrigation, and public access infrastructure. 1 Meeting Date: April 15, 2025
The University of California Santa Barbara (UCSB) Cheadle Center for Biodiversity and Ecological Restoration has played a lead role in implementing habitat improvements and volunteer coordination. On October 17, 2023, City Council approved a professional services agreement with UCSB for $631,800 to provide habita t restoration and enhancement services supporting the MBHMP. Specific tasks included site maintenance, irrigation, weed eradication, restoration planning and implementation, interpretive programming, native seed collection and plant propagation, and collab oration with the larger management team and community. A new agreement is needed to continue these efforts and provide for additional tasks including ecological monitoring and reporting.
DISCUSSION:
In concert with the City’s Hazard ous Fuels Reduction program at the Ellwood Mesa/Sperling Preserve , the MBHMP has accomplished a great amount . A MBHMP implementation plan was completed along with a Mitigation and Monitoring Pla n and compliance with the California Environmental Protection Act (CEQA). Per mits were secured from the California Coastal Commission, US Army Corps of Engineers, the Regional Water Quality Control Board, and the California Department of Fish and Wildlife.
In addition, habitat restoration has been implemented through the removal of dead trees, the planting of monarch butterfly habitats, the establishment of native mitigation areas , the installation of a mainline irrigation system, and the implementation of an extensive community outreach, education, and volunteer program.
The City of Goleta’s partnership with UCSB has been instrumental in the successes accomplished to date. Through the end of March 2025, UCSB has overseen the installation of over 500 trees and 2,000 native plants that will benefit monarch butterflies and other wildlife . This work has been entirely funded through the California Coastal Conservancy grant. This phase of the restoration project is now effectively complete, and Public Works is transitioning into the ada ptive management phase, which includes monitoring and reporting, restoration and management, and education —all services for which UCSB is well-equipped. Given the research nature of the scope, Public Works was able to negotiate a favorable research agreement with UCSB for this work, which included reduced overhead rates.
Public Works staff recommend approval of a new research agreement with UCSB for a not-to-exceed amount of $64,788, with a termination date of December 31, 2025 (Attachment 1). This agreement is proposed to be amended in a few months to address the scope for Fiscal Year 2025-2026 work. Staff are currently finalizing the scope of work for next year and anticipated costs.
FISCAL IMPACTS:
The funding source associated with the UCSB agreement is listed in the table below .
There are sufficient funds in the account to support this agreement.
2 Meeting Date: April 15, 2025
Table 1: Ellwood Mesa Monarch Butterfly Habitat
Management Plan Phase 1 Project Funding
Ellwood Mesa Monarch Butterfly Habitat Management Plan
Phase 1 Implementation, FY24/25
Fund Account FY24/25 Budget FY 24/25 Activity/
Encumbrances
Total
Available
Budget
General
Fund
101-90-9112-
57071 $227,806 $0 $227,806
TOTALS - $227,806 $0 $227,806
ALTERNATIVES:
City Council can choose to direct staff to solicit technical services from an entity other than UCSB. However, this will cause an additional delay in implementing the MBHMP.
LEGAL REVIEW BY: Isaac Rosen, Acting City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENT:
1. Research Agreement for the Ellwood Mesa Monarch Butterfly Habitat Management Plan Phase 1 Implementation Between the City of Goleta and UCSB Cheadle Center for Biodiversity and Ecological Restoration 3 ATTACHMENT 1
Research Agreement for the Ellwood Mesa Monarch Butterfly Habitat Management Plan Phase 1 Implementation Between the City of Goleta and UCSB Cheadle Center for Biodiversity and Ecological Restoration
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City of Goleta Agreement with UCSB
19. Amendments.
No agreements, modifications, or waivers to this Agreement shall be valid unless in writing and signed by the Authorized Representatives of the parties.
20. Miscellaneous.
20.1 Not a Partnership or Joint Venture. It is understood and agreed by the parties that the University is performing this contract as an independent contractor. The parties, by this Agreement, do not intend to create a partnership, principal/agent, master/servant, or joint venture relationship and nothing in this Agreement shall be construed as creating such a relationship between the parties.
20.2 Severability. If any term or provision of this Agreement shall be held to be invalid or illegal, such term or provision shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement.
20.3 Recitals & Headings. The recitals herein constitute an integral part of the Agreement reached and are to be considered as such. However, the captions and headings contained in this Agreement have been inserted for reference and convenience only and in no way define, limit, or describe the text of this Agreement or the intent of any provision.
20.4 No Waiver. Any failure or delay in enforcing an obligation or exercising a right or remedy under this Agreement shall not amount to a waiver of that obligation, right or remedy, unless the terms of this Agreement sets forth a specific time limit for the exercise thereof.
20.5 Entire Agreement. This Agreement and Exhibit A constitute the entire agreement and understanding between the parties and supersedes all previous agreements and understandings on the subject matter of this Agreement, if any.
20.6 Records and Audit. The parties shall keep such business records pursuant to this agreement as would be kept by a reasonably prudent practitioner and shall maintain such records for at least three (3) years following the termination of this Agreement. All accounting records shall be kept in accordance with generally accepted accounting principles. SPONSOR shall have the right to audit and review all such documents and records at any time during University’s regular business hours or upon reasonable notice.
In addition, if this agreement exceeds ten thousand dollars ($10,000.00), the University shall be subject to the examination and audit of the California State Auditor, at the request of the SPONSOR or as part of any audit of SPONSOR, for a period of three (3) years after final payment under the Agreement (Cal. Govt. Code Section 8546.7). The University shall participate in any State audits and reviews at no charge to SPONSOR.
20.7 Remedies. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given 10 City of Goleta Agreement with UCSB
hereunder or now or hereafter existing at law or in equity or otherwise.
20.8 Counterparts. This agreement may be executed in any number of counterparts in either ink or electronic signature, and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.
20.9 Authority. All signatories and parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with.
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