RESOLUTION NO. 4838-2024
RESOLUTION OF THE FORT BRAGG CITY COUNCIL AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT WITH RINCON CONSULTANTS, INC. FOR THE ENVIRONMENTAL IMPACT REPORT FOR THE CONSTRUCTION OF THE RESERVOIR AND COMMUNITY FOREST, FORT BRAGG RESERVOIR PROJECT FOR WATER STORAGE RESILIENCE, CITY PROJECT NO. WTR-00024 (AMOUNT NOT TO EXCEED $540,182.86) WHEREAS, on March 31, 2023, the City finalized the purchase of six (6) parcels totaling 582 acres located adjacent to Highway 20 and abutting the Summers Lane Reservoir property with the intent of building three (3) new reservoirs similar in size to Summers Lane Reservoir; and WHEREAS, on May 22, 2023 Council approved the release of the Request for Proposals (RFP) for the combined engineering and environmental work, which was issued on May 25, 2023; and WHEREAS, only 1 bid was received which significantly exceeded the project budget; and WHEREAS, on June 10, 2024 Council approved the release of the separate RFPs for the Environmental Services and for the Reservoir Engineering via Consent Calendar, which were release on June 11, 2024; and WHEREAS, three (3) proposals were received, for the environmental work, one from Dynamic Planning + Science (DP+S) in the amount of $186,500, one from Dudek in the amount of $655,909.45, and one from Rincon Consultants, Inc. in the amount of $540,182.86; and WHEREAS, staff has thoroughly reviewed the proposal and recommends the selection of Rincon Consultants, Inc.; and WHEREAS, the City has confirmed that Rincon Consultants, Inc. has the experience and meets the requirements to complete the Project as proposed; and WHEREAS, funds in the amount of $1,400,000 have been budgeted for the overall project; and WHEREAS, final contractual approval is subject to City Manager and City Attorney approval of final contracts to form; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fort Bragg does hereby approve a Professional Services Agreement with Rincon Consultants, Inc. to provide environmental services for the City of Fort Bragg Water Storage Resiliency Project, Project No. WTR-00024 and authorize the City Manager to execute the same (amount not to exceed $540,182.86) NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City’s approval of this Resolution does not qualify as a “project” subject to the California Environmental Quality Act (CEQA) because it does not have a potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § I 5378(a).) Additionally, the approval of the Resolution is statutorily exempt from CEQA under State CEQA Guidelines section 15262, as the Resolution concerned "feasibility or planning studies for possible future actions [that] the agency ... has not approved, adopted, or funded." (State CEQA Guidelines, § 15262.) Notably, although the Resolution discusses funding for the environmental planning costs associated with the Water Reservoir Project, it provides for no funding for the construction of the Water Reservoir Project, nor does it otherwise commit the City to the Water Reservoir Project. Furthermore, the City's approval of the Resolution is exempt from CEQA under the common sense exemption set forth in State CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity will have a significant effect on the environment.
The above and foregoing Resolution was introduced by Councilmember Peters, seconded by Councilmember Rafanan, and passed and adopted at a regular meeting of the City Council of the City of Fort Bragg held on the 12th day of August 2024, by the following vote:
AYES: Councilmembers Albin-Smith, Peters, Rafanan, Vice Mayor Godeke, and Mayor Norvell.
NOES: None.
ABSENT: None.
ABSTAIN: None.
RECUSED: None.
BERNIE NORVELL
Mayor
ATTEST:
Diana Sanchez
City Clerk
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