RESOLUTION NO. 25-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZONG AN EXEMPTION TO THE FORMAL SOLICITATION PROCESS, AWARDING A PROFESSIONAL SERVICES CONTRACT TO E. STEWART AND ASSOCIATES, INC. FOR WEED ABATEMENT PROGRAM SERVICES, APPROPRIATING AN ADDITIONAL $96,060 TO PROGRAM 452 – WEED ABATEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City’s Weed Abatement Program (WAP) is a critical component of wildfire prevention, involving the removal of hazardous vegetation on public and private properties in accordance with Government Code § 39561; and WHEREAS, expansion of the City’s Fire Hazard Severity Zones, rising vegetation-management costs, and heightened community fire-prevention expectations necessitate a new WAP contract; and WHEREAS, pursuant to City Policy 201-2-1, Procurement Policy and Procedure, the awarding of this contract, without utilizing the City’s formal bidding procedures, is eligible based on two exemptions contained in Section XI, Exemptions to the Formal and Informal Solicitation Process. The first exemption is A.1.2, which reads in pertinent detail “that compliance with the bidding requirements and procedures is inefficient, impractical, or not in the best interest of the City, based on specifically identified conditions and supported by substantial evidence in the record.” The second exemption is A.1.8, which states: “The proposed professional service provider has unique familiarity with the project, subject area, or possesses other attributes that make the provider uniquely qualified to provide the services….”; and WHEREAS, staff recommends awarding a Professional Services Agreement to E. Stewart and Associates, Inc. in an amount not to exceed $256,060, requiring an additional appropriation of $96,060 above the current budget; and NOW THEREFORE, the City Council of the City of San Clemente does hereby find, determine, and resolve as follows:
SECTION 1. The above recitals are true and correct and incorporated herein fully by reference as findings.
SECTION 2. E. Stewart and Associates, Inc. (Stewart) has unique familiarity with the project and is the only feasible provider for the Weed Abatement Program. Furthermore, utilizing the City’s formal bidding procedures for this contract would be inefficient, impractical, and not in the best interest of the City, as it would not result in identifying a consultant better suited for the work required by this contract. The City Council finds and determines that pursuant to City Policy 201-2-1, Procurement Policy and Procedure, awarding this contract is exempt from the normal solicitation process under Section XI.A.1.2 and 1.8 based on the following findings, which are hereby made:
Geographic and Logistical Advantages: Stewart is the only provider headquartered within a 30-minute drive of the City. Their local presence enables rapid deployment, flexible scheduling, and timely response to urgent fire-risk situations, such as red flag weather events or emergency clearance requests.
Technical Expertise: Stewart has extensive experience with fire fuel reduction techniques, including hand thinning, chipping, and mastication, and is uniquely qualified to perform this work on steep slopes and in environmentally sensitive areas within the City. Their team includes wildland fire specialists, licensed arborists, and professionals with environmental compliance knowledge, ensuring proper habitat protection.
Agency Collaboration and Trust: Stewart has an established working relationship with the OCFA and other fire prevention agencies in the region, and regularly coordinates with these agencies to implement fire-clearance recommendations within City limits.
Proven Track Record: Stewart has successfully administered the City’s weed abatement program for the past 29 years, consistently demonstrating high performance, cost control, and exemplary customer service. Their familiarity with the City’s processes and requirements significantly reduces the risk of service interruptions or performance deficiencies.
Specialized Equipment: Stewart possesses specialized equipment suited for work in the City’s wildland-urban interface areas, including low-ground impact machinery that minimizes environmental disturbance.
Market Limitations: A review of prior solicitations, RFP responses, and publicly advertised services indicates that Stewart is the only vendor capable of delivering the full scope of services required, including administration of weed abatement for privately-owned parcels in compliance with Government Code Section 39561.
SECTION 3. Pursuant to Exemptions A.1.2 and A.1.8 contained in City Policy 201-2-1, Procurement Policy and Procedure, the City Council awards a Professional Services Agreement to E. Stewart and Associates, Inc. in an amount not to exceed $256,060 and authorizes and directs the City Manager to execute such agreement in a form substantially similar to that presented to the City Council on August 19, 2025.
SECTION 4. The City Council approves a supplemental appropriation in the amount of $96,060 to the Weed Abatement Program (Program 452), for a total FY 2026 budget of $256,060.
SECTION 5. The City Council authorizes and directs the City Manager to execute such other documents and take such other and further actions as may be necessary and proper to implement the Weed Abatement Program and accomplish the purposes of this resolution.
SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this ___ day of _____________________, ____.
ATTEST:
City Clerk of the City of Steve Knoblock, Mayor of the San Clemente, California City of 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. 25-118 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. 25-118 Page 2
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