Commission approves short-term extension of Ellis Driveway maintenance contract over lone dissent

The Commission on Community Investment and Infrastructure on Dec. 5 approved a contract amendment to extend and increase spending authority for landscape maintenance at Ellis Driveway, a remnant parcel near the Fillmore shopping center, to prevent a lapse in service ahead of a planned transfer of the property to the city.

Officials said the parcel — about 6,900 square feet and appraised at roughly $30,000 in 2021 — has seen recurring litter, dumping and encampment issues, and that weekly contractor visits have reduced those problems. Director Koslovsky introduced the request and Aaron Foxworthy, OCII real estate services manager and deputy general counsel, explained that the agency seeks to extend the Forrester and Kroger Landscape Maintenance Inc. contract, increase total expenditure authority by $72,600 to $118,100, and provide a contingency for unforeseen issues.

"The contractor visits and cleans the site at least weekly," Foxworthy said. He said the current monthly contract rate is $1,200; the proposed contract would include a 3% annual cost escalation and a $24,000 contingency for unforeseen repairs. Staff said OCI expects to administer the contract only briefly — likely five to six months — because ownership is expected to transfer to the city in mid-2024.

Commissioner Drew voiced concern about the procurement route. "I'm having difficulty kind of fitting this into the justification for a sole source contract," Drew said, noting there has been time to run a more competitive process and questioning the need to allow up to three years on a contract that is likely to be much shorter.

Staff responded that sole-source justification rests on three factors: the contractor's site-specific experience and community rapport; risk to the agency asset if maintenance lapses during a longer procurement process; and the uncertain, likely-short duration of OCII administration. Koslovsky said those conditions together made sole-source appropriate in this case, but that staff could run an RFP if the commission preferred.

A motion to approve the extension carried on a 3–1 vote: Commissioner Aquino "Yes," Commissioner Drew "No," Vice Chair Scott "Yes," Chair Brackett "Yes." The item is recorded as Resolution No. 34-2023.

The commission approved staff authority to execute the amended agreement and continue maintenance while the city and OCII complete the procedural steps needed to transfer the parcel.