RESOLUTION NO. 26-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF San clemente, CALIFORNIA, APPROVING AN EXEMPTION TO THE FORMAL SOLICITATION PROCESS, AWARDING A PROFESSIONAL SERVICES AGREEMENT to CENTER OF NATURAL LANDS MANAGEMENT (CNLM) FOR THE PREPARATION OF A CONSERVATION EASEMENT AND HABITAT MANAGEMENT PLAN FOR PUBLIC OPEN SPACE IN FORSTER RANCH INTENDED FOR PRESERVATION, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $60,000, MAKING A RELATED APPROPRIATION AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, in 1998, the U.S. Fish & Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) (collectively, “Wildlife Agencies”) conditionally approved City implementation of the Interim Habitat Loss Mitigation Plan (IHLMP) and Findings for the Laing Forster Ranch Project. This conditional concurrence authorized the project’s impacts to the coastal California gnatcatcher (gnatcatcher) pursuant to section 4(d) of the Federal Endangered Species Act (“Section 4(d) Permit”); and WHEREAS, in 1999, USFWS also issued a biological opinion concluding that the Forster Ranch development would not result in jeopardy of the federally threatened broad-leaved brodiaea (brodiaea) with implementation of the project’s proposed mitigation measures. CDFW issued an Incidental Take Permit under the California Endangered Species Act in 2001 to authorize the project’s impacts to the state-listed endangered brodiaea; and WHEREAS, these permits and authorizations required that 305 acres of on-site open space (“Reserve”) be preserved with a conservation easement, in addition to other requirements, such as implementing a brodiaea translocation plan, establishing an endowment for a habitat manager to monitor and improving conditions on the property according to a long-term habitat management plan; and WHEREAS, following issuance of permits, the Forster Ranch development was constructed with approved impacts to 94 acres of coastal sage scrub and about 4,300 individuals of thread-leaved brodiaea; and WHEREAS, in 2000, Laing Forster Ranch transferred 340 acres of the Forster Ranch property to the City, including about 142.6 acres that were to be preserved and currently support the only known remaining brodiaea occurrences on the Forster Ranch property; and WHEREAS, prior to finalizing documents to conserve, plan, and fund habitat management of the property, Laing Forster Ranch declared bankruptcy. The privately-owned 200 acres of the Forster Ranch preserve were sold in a bankruptcy auction to a private entity. The remaining 142.6 acres has remained in the City’s ownership, but the conditions have not yet been met to record a conservation easement and manage the property with a plan and endowment, in which a financial contribution is expected; and WHEREAS, it is the position of the Wildlife Agencies that with the bankruptcy of Laing Forster Ranch, the City has a responsibility to meet the IHLMP conditions because the City issued the Section 4(d) Permit in 1998 with approval from the Wildlife Agencies. In its current unmanaged condition, the property contains invasive plants that degrade sensitive species habitat and is inconsistent with best practices for habitat management and wildfire preparedness; and WHEREAS, the City and the Wildlife Agencies desire an agreement for CNLM to review and prepare documents for the conservation and management of the property as Phase One of the project. When completed, the City Council will consider Phase Two: whether to approve and execute the required conservation easement, habitat management plan, endowment agreement, and other items necessary to fulfill IHLMP conditions; and WHEREAS, the Wildlife Agencies have approved CNLM to be granted the conservation easement and serve as habitat and endowment manager in Phase Two and are encouraging the City to approve the CNLM agreement to initiate the project; and WHEREAS, upon execution and completion of the activities included in the CNLM agreement, the staff from the Wildlife Agencies indicate that the City will secure a commitment to a funding source that would fully fund the endowment for a habitat manager to monitor the Reserve to improve habitat conditions; and WHEREAS, the City’s Purchasing Policies and Procedures No. 201-2-1 (reference Section XI.A.1.1.6) provides for an exemption from formal and informal solicitation requirements for procurements funded by grants, donations or gifts when the special conditions attached to the grants, donations or gifts require the procurement of particular good and/or services; and NOW THEREFORE, the City Council of the City of San Clemente, California, does hereby find, determine, and resolve as follows:
SECTION 1.That the foregoing recitations are true, correct, and incorporated fully herein.
SECTION 2. That based on substantial evidence in the record as a whole, the project is statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15262 (Feasibility and Planning Studies) and 15378 (No Potential for Impact) of the CEQA Guidelines.
SECTION 3. That the City Council approves an exemption to the formal solicitation process within the City’s Purchasing Policies and Procedures No. 201-2-1 (reference Section XI.A.1.1.6) because the Wildlife Agencies have approved CNLM to serve as endowment manager with an identified funding source, CNLM’s fee is fair and reasonable and there is no reasonable possibility of obtaining better prices commensurate with the time and effort that would be expended for a formal solicitation.
SECTION 4. That the City Council hereby awards CNLM an agreement for Phase One to conduct analysis and prepare documents to fulfill unmet conditions of the 1998 IHLP, such as a conservation easement, long-term habitat management plan, endowment agreement, etc.; all of which will be presented to the City Council for a decision in Phase Two on whether to grant and record the conservation easement, designate CNLM as the habitat and endowment manager, approve an endowment agreement, and implement other associated items.
SECTION 5. That the City Manager is authorized and directed to execute an agreement with CNLM in an amount not to exceed $60,000 in a form substantially similar to that presented to the City Council on January 20, 2026.
SECTION 6. That a one-time appropriation in the amount of $60,000 is made to account number 001-433-43890.
SECTION 7. That City staff is authorized and directed to take execute such other documents and take such other and further actions as are necessary and proper to fulfill the purposes and intent of this resolution and proceed with Phase One of the project and return to the City Council at an appropriate time to consider Phase Two.
SECTION 8. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this ______ day of __________, 2026.
ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-06 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, _____. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 26-06 Page 2
Attachment 1