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CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF October 18, 2005 <br />TO: HONORABLE MAYOR AND CITY COUNCIL <br />FROM: Josefina M. Kenline, Principal Management Analyst <br />SUBJECT: Approve the Agreement with LSA Associates, Inc6por2fted to <br />prepare a Biological Assessment and Authorize the Budget <br />Amendment in an Amount Not To Exceed $26,900. <br />DATE: October 12, 2005 <br />BACKGROUND: <br />ITEM #17 <br />During Fiscal Year 2004/05, LSA Associates, Inc. prepared a Biological Assessment for <br />the City of Colton, which resulted in a Formal Section 7 Consultation from the U.S. <br />Department of Fish and Wildlife (USFWS) for certain City of Colton Public Development <br />Projects. These projects included: <br />• Widening and adding curb and gutter to a .26 acre portion of San Bernardino <br />Avenue just east of Eucalyptus Avenue. <br />• Developing a 6.99 acre section of Hermosa Cemetery <br />• Developing 4.15 acres at the North East Corner of Valley and Meridian. <br />The Biological Assessment addressed how the City would protect the Delhi Sands <br />Flower -Loving Fly (DSF), and ultimately resulted in the City receiving approval from <br />USFWS to allow development in these areas. Staff is recommending that the City <br />prepare another Biological Assessment to evaluate the remaining affected areas within <br />City limits that are impacted by the DSF. The request comes after numerous <br />unsuccessful meetings with the USFWS, to mitigate land for conservation and <br />development. Staff advises that the City hire a biologist to prepare a Biological <br />Assessment for remaining properties within the City of Colton that are considered by the <br />USFWS to be impacted by the DSF. <br />DISCUSSION/ANALYSIS: <br />Staff advocates the use of a biologist so that the impact the DSF is having on Colton <br />can be professionally assessed by a neutral individual who has expertise in the field. <br />Staff is recommending that the City hire Denise Woodard, the same LSA Biologist used <br />by the City on the above mentioned Section 7, to prepare another separate biological <br />assessment for the remaining properties affected by the DSF. Ms. Woodward has <br />proven to the City her competence and ability to perform the services needed, and thus <br />is recommended to do this assessment. She is one of the few biologists with a <br />certification from USFWS allowing her to work on DSF matters. <br />Colton Municipal Code Section 3.08.140(E) authorizes the City Council, in limited <br />circumstances, to award a professional services agreement to a consultant without a <br />formal RFP process. Section 3.08.140(E) provides as follows: Competitive bidding, <br />