Fremont City Council Meeting: 05/09/23 07:00 PM
3300 Capitol Avenue Div/Dept: Environmental Services
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4897) DOC ID: 4897
Updated: 5/4/2023 3:23 PM by Alberto Quintanilla Page 1
CONTACT AMENDMENT FOR WEED ABATEMENT BY GOATS AT SABERCAT HISTORICAL PARK- Authorize City Manager or designee to execute a Contract Amendment to the Agreement with Mike Canaday for Weed Abatement and Fire Fuel Management at Sabercat Historical Park to Incorporate Wage Impact from Change in Law and Extend Contract Term an Additional Year Contact Persons:
Name: Kathleen Cote-Guarnieri Suzanne Wolf
Title: Environmental Services Manager Community Services Director Div/Dept: Environmental Services Community Services
Phone: 510-494-4583 510-494-4329
E-Mail: [email protected] [email protected]
Executive Summary: In May 2019, the City of Fremont entered into an agreement with Mike Canaday for up to five years of weed abatement and fire fuel management services at Sabercat Historical Park for a not-to-exceed amount of $294,248. Staff is recommending amending this agreement to incorporate additional labor costs associated with a change in law (AB 1066 – Agricultural Workers Wages, Hours. And Working Conditions) and to extend the contract for one additional year through June 2024. This would increase the not-to- exceed contract to $432,494. This service is necessary for fire fuel management and weed abatement at Sabercat Historical Park.
In compliance with water quality permit requirements, the City is using goats rather than cattle for fire fuel management and weed control. Funding for this work is through the Urban Runoff Fund. There is no General Fund impact.
BACKGROUND: Sabercat Creek Historical Park is one of the last natural riparian corridors in Fremont and provides urban open space with a large portion of the park publicly accessible by trail. The park is characterized by grassland, tree-lined riparian corridors, and gullies traversing portions of the site. Slopes on the majority of the park generally exceed 30%, with the slopes on the northern and southern boundaries exceeding 50%. This makes it difficult to manage the fire fuel load by means other than livestock. Prior to the goats, the City had utilized cattle.
In 2012, the City completed grant funded biotechnical bank stabilization, habitat restoration, and trail improvements within Sabercat Creek Historical Park. As part of the project permitting, the City must conduct ongoing monitoring and meet performance standards for channel stability, riparian habitat cover, invasive weed management and creek hydrology. Due to the negative impacts cattle cause to the restoration areas and the creek, the City transitioned from cattle to goats for weed abatement and fire fuel load management.
The City’s current contract with Mike Canaday is for a 3-year period with 2 one-year option period and was awarded as the result of an RFP process in 2019. The City exercised these options because there are few service providers for goat grazing services with very limited schedule availability in the required months of April through June. Staff is recommending Council Staff Report (ID # 4897) Meeting of May 9, 2023 Updated: 5/4/2023 3:23 PM by Alberto Quintanilla Page 2 extending the current agreement for an additional year to secure these services for an additional season.
Assembly Bill 1066 (Agricultural Workers, Wages, Hours, and Working Conditions) modified how overtime pay is calculated for the sheep herders responsible for managing the goat herd and will increase labor costs for 2023 and 2024. The recommended increase to the not-to exceed amount updates the contract to reflect compliance with this legislation.
DISCUSSION/ANALYSIS: The proposed contract amendment will permit Mike Canaday to continue providing weed abatement and fire fuel reduction by goats in Sabercat Historical Park through spring 2024, while complying with State labor laws. The contract includes labor, materials, tools, equipment, personnel, animals, transportation, supervision, and housing for the goat herder, and quality control necessary for goats to graze Sabercat Historical Park. The contract contains performance standards regarding:
• Grazing area;
• Vegetation removal;
• Number of goats allowed;
• Containment of goats with electrical fencing;
• Prohibition of grazing or drinking within the creek and adjacent sensitive riparian areas;
• Presence of livestock handler; and
• Provision of water for livestock.
The contractor has performed reliably and has met the contract performance standards in prior years.
FISCAL IMPACT: Funding for this contract is included in the Urban Runoff Fund (Fund 123) budget and there will be no General Fund Impact.
ENVIRONMENTAL REVIEW: The proposed grazing of the park by goats is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15304 in that the grazing will result in minor alterations to land or vegetation, CEQA Guidelines Section 15307 in that the grazing by the goats is an action for the maintenance, restoration, or enhancement of Sabercat Creek and Park and CEQA Guidelines Section 15308 in that the grazing by the goats is an action for the protection of Sabercat Creek and Park, without limitation, each on a separate and independent basis.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager, or her designee, to execute a contract amendment to the Agreement with Mike Canaday for Weed Abatement by Goats at Sabercat Historical Park to extend the term one year to June 30, 2024 and increase the contract not- to-exceed amount from $294,248 to $432,494.