Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250
or may elect to proceed without counsel. The employee may choose to be represented by an Association representative.
b. The panel shall determine the relevancy, weight, and credibility of the testimony and evidence. The panel shall not be bound by the technical rules of evidence. The panel shall base its finding on the preponderance of the evidence. The City shall have the burden of proof.
c. Each side will be permitted an opening statement and closing argument. The City shall first present its witnesses and evidence to sustain the charges and the employee will then present his/her witness(es) and evidence to rebut the charges. d. A court reporter will be retained by the City to make a transcript of the hearing. No audio or video tape recording will be permitted. The employee or his/her representative may obtain a copy of the transcript of the hearing upon request and at his/her own cost.
e. Each side will be allowed to examine and cross-examine witnesses. The employee filing the appeal may be called and examined as if under cross-examination. f. The panel shall, if requested by either party, subpoena witnesses and/or require production of other relevant records or material evidence. The panel may consider the records of any relevant prior disciplinary actions against the employee, as long as those actions are final.
6. Findings of the Panel.
After the conclusion of the hearing, the hearing panel shall prepare a recommended decision based on its findings of fact and application of law, and forward it to the City, the employee, and the Association. The recommended decision shall set forth which charges the panel sustains or does not sustain and the reason(s) for the panel’s decision. The panel’s findings and recommended decision must be supported by a majority of the panel members (i.e., at least two panel members must agree on each finding or recommendation).
7. Decision of the City Manager.
After receiving and considering the recommendation of the hearing panel, the City Manager may sustain or reject any or all of the charges filed against the employee. The City Manager may sustain, reject or modify the disciplinary action invoked against the employee. However, the City Manager may not increase the severity of the discipline originally invoked by the City.
H. REASONS FOR REPRIMAND, DISCIPLINE, DEMOTION, SUSPENSION, OR DISCHARGE INCLUDE:
The following are deemed sufficient cause to warrant disciplinary action. However, cause to discipline an employee is not limited to these reasons alone:
Absence without prior approval or excessive tardiness. Use of, or being under the influence of illegal drugs or alcohol while on City business, or during work hours, or while representing the City.
Agenda Item #9.2.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250
Violation of the City’s anti-discrimination, anti-harassment policies and/or workplace violence policies.
Failure to maintain any employment qualification, including but not limited to driver’s license or other certifications.
Theft, pilferage, or misuse of City property.
Falsification of public records.
Dishonesty.
Disorderly or immoral conduct.
Incompetence.
Failure to meet expected performance standards.
Neglecting to perform expected job duties.
Inability to perform the essential duties of the job (with reasonable accommodation, if required by law).
Insubordination or willful or disobedience.
Negligence or willful damage to public property or the personal property of another employee.
Fraud in securing employment.
Discourteous treatment of the public or other employees. Conviction of a felony (including pleas of guilty and nolo contendere), or a conviction of a misdemeanor (including pleas of guilty) where the misdemeanor conviction is related to the position held.
Violation of any reasonable regulation, policy, rule, SOP, or order. Failure to maintain satisfactory working relationships with supervisors, employees, contractors, or the public.
Interference with the work performance of others.
Acceptance of bribes or extortion.
Agenda Item #9.2.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250
Acceptance of any gift, reward, or other form of compensation in addition to regular compensation for performance of official duties other than as provided for by written City policy.
Illegal gambling on City property or during working hours.
Agenda Item #9.2.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250
ARTICLE 15
LAYOFF PROCEDURE
The procedures set forth in the City of St. Helena Layoffs and Furloughs Policy shall apply during the term of this MOU.
Agenda Item #9.2.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250
ARTICLE 16
SEPARABILITY
Notwithstanding any provisions of this MOU to the contrary, in the event that any Article or Subsections thereof of this MOU shall be declared invalid by any Court of competent jurisdiction or by any applicable State or Federal law or regulation, or shall a decision by any Court of competent jurisdiction or any applicable State or Federal law or regulation diminish the benefits provided by this MOU or impose additional obligations on the City, the parties shall meet and confer or negotiate on the Articles and Subsections thereof affected. All other provisions of this MOU shall continue in full force and effect.
Agenda Item #9.2.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250
ARTICLE 17
TERM & COMPLETION OF NEGOTIATIONS
Following approval by the City and the Association and ratification by the City Council, the term of this MOU shall commence on Julyanuary 1, 202218 and shall expire on June 30, 20250.
The City and the Association shall have one reopener for each party during the term of the agreement.
Negotiations for the reopeners described below for FY 2019/2020 will commence in time to be concluded by adoption of the FY 2019/2020 budget.
During the term of this Agreement, the Association and the City agree that neither party shall be obligated to meet and confer with respect to any subject or matter covered by this Agreement, except as follows:
The parties agree to meet and confer regarding any proposed changes to Article 7 (Pay Plan) for FY 2019/2020 after reviewing the results of the classification and compensation study secured by the City.
The parties agree to meet and confer on any mandatory subjects of bargaining which have the potential to affect wages, hours, and other terms and conditions of employment (as defined by the MMBA), associated with any City-proposed changes to the SHEA job descriptions, Employee Handbook and/or related policies and procedures; The parties may mutually agree to meet and confer on any topic.
Agenda Item #9.2.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena Julyanuary 1, 202218 –June 30, 20250
ARTICLE 18
SIGNATURES
This Memorandum of Understanding has been ratified and adopted pursuant to the recommendation of the following representatives:
ST. HELENA EMPLOYEES ASSOCIATION
REPRESENTATIVE
__________________________________________
REPRESENTATIVE
CITY OF ST. HELENA
Approved by the City Council by Resolution Number 2022-XX2018-35
CITY MANAGER
Agenda Item #9.2.
Memorandum
Subject: Side Letter #1 to the Memorandum of Understanding between the City of St. Helena and the St. Helena Employee’s Association
Date: August 22, 2022
Introduction: This memorandum is intended to address interests in emphasizing the desire for transparent and collaborative labor relations between the St. Helena Employee’s Association (SHEA) and the City of St. Helena (City). Further, SHEA and City wish to express their mutual intention and expectation for regular, constructive dialogue and discussion regarding labor and employment matters.
Discussion: City acknowledges the role that the meet and confer process has in healthy communication and the value it can bring to the objective evaluation of the potential effects of labor practices and decisions. City wishes to enhance transparency and trust in its decisions affecting labor matters and to seek input during its deliberative process. To foster collaboration and to facilitate regular communication with SHEA representatives the City recognizes that its decisions affecting labor matters includes impacts resulting from any freezing/non funding of any SHEA positions or inability to fill vacancies promptly. Upon request from either party, consistent with Meyers‐Milias‐Brown Act, City will meet and confer on matters which have the potential to affect wages, hours, and other terms and conditions of employment.
Agenda Item #9.2.
CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Position Timebase* A B C D E
Office Assistant Annual 48,194 50,604 53,134 55,791 58,580 Monthly 4,016 4,217 4,428 4,649 4,882 Hourly 23.17 24.33 25.55 26.82 28.16 Library Associate I Annual 49,092 51,547 54,124 56,831 59,672 Monthly 4,091 4,296 4,510 4,736 4,973 Hourly 23.60 24.78 26.02 27.32 28.69 Maintenance Worker I Annual 53,502 56,177 58,986 61,935 65,032 Buildings & Streets; Parks & Trees Monthly 4,458 4,681 4,915 5,161 5,419 Hourly 25.72 27.01 28.36 29.78 31.27 Library Associate II Annual 54,027 56,728 59,564 62,543 65,670 Monthly 4,502 4,727 4,964 5,212 5,472 Hourly 25.97 27.27 28.64 30.07 31.57 Maintenance Worker I ‐ Annual 55,678 58,462 61,385 64,455 67,677 Utilities Monthly 4,640 4,872 5,115 5,371 5,640 Hourly 26.77 28.11 29.51 30.99 32.54 Plant Operator in Training Annual 56,158 58,966 61,914 65,010 68,261 Monthly 4,680 4,914 5,160 5,418 5,688 Hourly 27.00 28.35 29.77 31.25 32.82 Permit Technician I Annual 56,500 59,325 62,291 65,406 68,676 Planning; Building Monthly 4,708 4,944 5,191 5,450 5,723 Hourly 27.16 28.52 29.95 31.44 33.02 Accounting Technician I Annual 57,613 60,493 63,518 66,694 70,029 Monthly 4,801 5,041 5,293 5,558 5,836 Hourly 27.70 29.08 30.54 32.06 33.67 Administrative Assistant Annual 57,831 60,722 63,759 66,946 70,294 Monthly 4,819 5,060 5,313 5,579 5,858 Hourly 27.80 29.19 30.65 32.19 33.80 Maintenance Worker II Annual 58,850 61,793 64,883 68,127 71,533 Buildings & Streets; Parks & Trees Monthly 4,904 5,149 5,407 5,677 5,961 Hourly 28.29 29.71 31.19 32.75 34.39 Senior Library Associate Annual 59,403 62,373 65,492 68,766 72,205 Monthly 4,950 5,198 5,458 5,731 6,017 Hourly 28.56 29.99 31.49 33.06 34.71 Librarian I Annual 60,690 63,725 66,911 70,257 73,770 Monthly 5,058 5,310 5,576 5,855 6,147 Hourly 29.18 30.64 32.17 33.78 35.47 Maintenance Worker II ‐ Annual 61,251 64,313 67,529 70,905 74,451 Utilities Monthly 5,104 5,359 5,627 5,909 6,204 Hourly 29.45 30.92 32.47 34.09 35.79 St. Helena Employee Association ‐ Miscellaneous Group
Approved and Adopted September 13, 2022
FY 2022‐2023 ‐ Effective July 1, 2022
Steps
Administrative Services Department Page 1 9/8/2022
Agenda Item #9.2.
CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted September 13, 2022
FY 2022‐2023 ‐ Effective July 1, 2022
Permit Technician II Annual 62,146 65,253 68,516 71,941 75,538 Planning; Building Monthly 5,179 5,438 5,710 5,995 6,295 Hourly 29.88 31.37 32.94 34.59 36.32 Administrative Records Assistant Annual 62,353 65,470 68,744 72,181 75,790 Monthly 5,196 5,456 5,729 6,015 6,316 Hourly 29.98 31.48 33.05 34.70 36.44 Accounting Technician II Annual 63,377 66,546 69,873 73,367 77,035 Monthly 5,281 5,545 5,823 6,114 6,420 Hourly 30.47 31.99 33.59 35.27 37.04 Human Resources Technician Annual 63,557 66,734 70,071 73,575 77,253 Monthly 5,296 5,561 5,839 6,131 6,438 Hourly 30.56 32.08 33.69 35.37 37.14 Executive Assistant Annual 63,620 66,800 70,140 73,648 77,330 Monthly 5,302 5,567 5,845 6,137 6,444 Hourly 30.59 32.12 33.72 35.41 37.18 Environmental Services Technician I Annual 63,623 66,804 70,144 73,651 77,334 Monthly 5,302 5,567 5,845 6,138 6,444 Hourly 30.59 32.12 33.72 35.41 37.18 Plant Operator I Annual 64,615 67,846 71,238 74,800 78,540 Water; Wastewater Monthly 5,385 5,654 5,936 6,233 6,545 Hourly 31.06 32.62 34.25 35.96 37.76 Lead Maintenance Worker Annual 64,741 67,978 71,377 74,946 78,693 Buildings & Streets; Parks & Trees Monthly 5,395 5,665 5,948 6,245 6,558 Hourly 31.13 32.68 34.32 36.03 37.83 Librarian II Annual 66,754 70,092 73,597 77,277 81,140 Monthly 5,563 5,841 6,133 6,440 6,762 Hourly 32.09 33.70 35.38 37.15 39.01 Lead Maintenance Worker ‐ Annual 67,373 70,742 74,279 77,993 81,893 Underground Utilities Monthly 5,614 5,895 6,190 6,499 6,824 Hourly 32.39 34.01 35.71 37.50 39.37 Permit Technician III Annual 68,364 71,782 75,371 79,140 83,097 Planning; Building Monthly 5,697 5,982 6,281 6,595 6,925 Hourly 32.87 34.51 36.24 38.05 39.95 Senior Accounting Technician Annual 69,708 73,193 76,853 80,695 84,730 Monthly 5,809 6,099 6,404 6,725 7,061 Hourly 33.51 35.19 36.95 38.80 40.74 Environmental Services Technician II Annual 69,979 73,478 77,152 81,010 85,060 Monthly 5,832 6,123 6,429 6,751 7,088 Hourly 33.64 35.33 37.09 38.95 40.89 Plant Operator II Annual 71,044 74,596 78,326 82,242 86,354 Monthly 5,920 6,216 6,527 6,853 7,196 Hourly 34.16 35.86 37.66 39.54 41.52 Administrative Services Department Page 2 9/8/2022
Agenda Item #9.2.
CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted September 13, 2022
FY 2022‐2023 ‐ Effective July 1, 2022
Assistant Planner Annual 73,295 76,960 80,808 84,848 89,090 Monthly 6,108 6,413 6,734 7,071 7,424 Hourly 35.24 37.00 38.85 40.79 42.83 Senior Librarian Annual 73,425 77,096 80,951 84,999 89,249 Monthly 6,119 6,425 6,746 7,083 7,437 Hourly 35.30 37.07 38.92 40.86 42.91 Plant Operator III Annual 74,595 78,324 82,241 86,353 90,670 Water; Wastewater Monthly 6,216 6,527 6,853 7,196 7,556 Hourly 35.86 37.66 39.54 41.52 43.59 Recreation Supervisor Annual 75,793 79,583 83,562 87,740 92,127 Monthly 6,316 6,632 6,963 7,312 7,677 Hourly 36.44 38.26 40.17 42.18 44.29 Fire Inspector Annual 76,954 80,802 84,842 89,084 93,539 Monthly 6,413 6,734 7,070 7,424 7,795 Hourly 37.00 38.85 40.79 42.83 44.97 Junior Engineer Annual 77,175 81,034 85,085 89,340 93,807 Monthly 6,431 6,753 7,090 7,445 7,817 Hourly 37.10 38.96 40.91 42.95 45.10 Associate Planner Annual 80,622 84,653 88,885 93,330 97,996 Monthly 6,718 7,054 7,407 7,777 8,166 Hourly 38.76 40.70 42.73 44.87 47.11 Buildings & Streets Superintendent Annual 82,236 86,348 90,665 95,198 99,958 Parks & Trees Superintendent Monthly 6,853 7,196 7,555 7,933 8,330 Hourly 39.54 41.51 43.59 45.77 48.06 Underground Utilities Annual 85,853 90,146 94,653 99,386 104,355 Superintendent Monthly 7,154 7,512 7,888 8,282 8,696 Hourly 41.28 43.34 45.51 47.78 50.17 Assistant Engineer Annual 89,136 93,592 98,272 103,186 108,345 Monthly 7,428 7,799 8,189 8,599 9,029 Hourly 42.85 45.00 47.25 49.61 52.09 Chief Plant Operator Annual 89,533 94,009 98,710 103,645 108,828 Water; Wastewater Monthly 7,461 7,834 8,226 8,637 9,069 Hourly 43.04 45.20 47.46 49.83 52.32 Associate Civil Enginner Annual 98,057 102,960 108,108 113,514 119,189 Monthly 8,171 8,580 9,009 9,459 9,932 Hourly 47.14 49.50 51.98 54.57 57.30 who are certified as fluent only in verbal Spanish language will receive a 2.5% pay differential that is added to the employee's base salary. (1) Longevity Pay ‐ Employees are eligible to receive longevity based on continuous years of employment according to the dates and rates below:
5 years ‐ 2.5% of base salary
10 years ‐ 5.0% of base salary
15 years ‐ 7.5% of base salary
20 years ‐ 10.0% of base salary
(2) Bilingual Pay ‐ Employees who are certified as fluent in both written and verbal Spanish language will receive a 5% pay differential that is added to the employee's base Administrative Services Department Page 3 9/8/2022
Agenda Item #9.2.
CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted September 13, 2022
FY 2022‐2023 ‐ Effective July 1, 2022
(3) Standby Pay ‐ Shall be paid at a rate of $525.00 per week to those employees in the Public Works Department who are required to be on Standby for an entire week (Friday (4) Certification Pay ‐ $50.00 per month for each governmental certificate or licensing as follow:
"Operator Cross‐certification" (Class I or above) for employees assigned to the Water Treatment Plant or Wastewater Treatment Plant, enabling those employees to perform other plant.
A necessary pesticide certificate, for Public Works employees responsible for pesticide applications programs for the city. the following at Friday 7:00 a.m.). If a holiday falls on the Friday at the end of the standby period the employee shall receive an additional $100.00 for the extension of the assignment. The same would apply if the holiday fall on a Friday at the beginning of the standby period and the employee would be on call from Thursday through the Certification for back‐flow prevention devices for Public Works employees.
Playground Inspection Certification for employees working in the Parks Division.
Arborist Certificate for employees working in the Parks Division.
Wastewater Collections Certificate for employees working in the Wastewater Collections/Sewer Division. (5) Uniform Allowance as follow:
(6) Confidential Positions receive a 3% pay differential that is added to the employee's base salary. Confidential as defined is an employee having access in the course of his/her confidential information on the employer's labor relations and consequently excludable from holding Association office and/or divulging confidential employer information *Annual timebase payrate is rounded up to the nearest whole dollar, while all other timebase payrates are rounded to the nearest cent Employees assigned to Water Distribution and Public Works ‐ $35.49 per pay period.
Employees assigned to Parks‐Trees‐Buildings ‐ $33.06 per pay period.
Employees assigned to the Wastewater Treatment Plant (Chief Plant Operator and Plant Operator II) ‐ $9.29 per pay period.
Employees assigned to the Wastewater Treatment Plant (Plant Operator III) ‐ $5.79 per pay period.
Employees assigned to the Water Treatment Plant ‐ $11.49 per pay period.
Administrative Services Department Page 4 9/8/2022
Agenda Item #9.2.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
APPROVAL OF A MEMORANDUM OF
UNDERSTANDING BETWEEN THE ST. HELENA
EMPLOYEES ASSOCIATION (SHEA) AND THE CITY
OF ST. HELENA FOR A THREE-YEAR CONTRACT
COMMENCING ON JULY 1, 2022 THROUGH JUNE
30, 2025 AND DULY ADOPTING AND APPROVING
PUBLICLY AVAILABLE PAY SCHEDULE IN
ACCORDANCE WITH THE REQUIREMENT OF
CALIFORNIA CODE OF REGULATIONS, TITLE 3,
SECTION 570.5, FOR THE ST. HELENA
EMPLOYEES ASSOCIATION MEMBER
CLASSIFICATIONS
RECITALS
A. The St. Helena Employees Association (SHEA) Memorandum of Understanding (MOU) contract expires on June 30, 2022; and
B. Negotiations between SHEA and the City have resulted in a three- year agreement expiring June 30, 2025. The agreement is reflected in the Memorandum of Understanding (MOU) between SHEA and the City in Exhibit A; and C. During the course of negotiations, both SHEA and the City are in agreement in emphasizing the desire for transparent and collaborative labor relations between the two parties and both parties express their mutual intention and expectation for regular, constructive dialogue and discussion regarding labor and employment matters; and D. The City of St. Helena contracts with the California Public Employee Retirement System (“CalPERS”) to provide retirement benefits for its employees; and E. Pursuant to California Code of Regulations, Title 2, Section 570.5, CalPERS requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and
F. On September 13, 2022, via this resolution City Council is ratifying a three-year agreement with the SHEA which includes an increase to base salary for its members; and
Agenda Item #9.2.
G. Staff updated the pay scale with an effective date of July 1, 2022.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. The Council hereby approves and incorporates by reference the attached Memorandum of Understanding between St. Helena Employees Association the City of St. Helena for the period July 1, 2022 - June 30, 2025.
2. That the City of St. Helena Publicly Available Salary Schedule which includes a revised salary schedule for members included in the SHEA MOU and contained in Exhibit B is hereby approved and adopted in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5; and
3. That the revised City of St. Helena Publicly Available Salary Schedule makes no changes to the salary schedules for other classifications; and
4. That the City of St. Helena Publicly Available Salary Schedule will be posted on the City’s website and will be made available for public inspection for not less than five years.
Approved at a regular meeting of the St. Helena City Council on September 13, 2022 by the following vote:
Mayor Ellsworth: _____
Vice Mayor Dohring: _____
Councilmember Chouteau: _____
Councilmember Hall: _____
Councilmember Hardy: _____
APPROVED: ATTEST:
______________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.2.
Report to the City Council
Regular City Council - 13 Sep 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and recommended approval of a resolution approving:
1. Professional Services Agreement with Dudek to
provide services associated with Phase I - St. Helena
Defensible Space and Fuels Management Project for a
total not to exceed $122,649; and
2. Approving a budget increase to 101-40-00-21-45 in the amount of $40,750 for the required City contribution of 25%.
CEQA
Determination:
Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager
BACKGROUND
In the aftermath of the devastating 2020 wildfires, and in accordance with City Council Goal 1, the City recognized the overwhelming burden on private property owners for vegetation management and creating defensible space. In response, the City applied for a Hazard Mitigation Grant through CalOES/FEMA in the amount of $2.5 million dollars.
The grant application consisted of two phases - Phase I is for planning and Phase II is vegetation removal and defensible space work.
On June 2, 2022, the City received confirmation from CalOES that it was awarded Phase I of the $2.5 million Hazard Mitigation Grant Program Application - St. Helena Defensible Space and Fuels Management Mitigation Project that was submitted on June 18, 2021.
The total estimated project cost for Phase I is $163,000. The City's required match for Phase I is $40,750. Phase I includes the following activities:
Agenda Item #9.3.
• Issue Request for Proposals
• Review of Proposals and Award of Contract
• Biological and Cultural Assessments
• Fire Fuels Assessment and Develop Treatment Plans
• Regulatory Permitting and CEQA Compliance
• Public Outreach Planning
DISCUSSION
On July 28, 2022, the City issued a Request for Proposals to complete Phase I of the St.
Helena Defensible Space and Fuels Management Mitigation Project with responses due on or before August 26, 2022. The City of St. Helena requested proposals from qualified firms for professional services to conduct a planning study, including biological and cultural resource assessments, fire fuels assessments and treatment plans, acquisition of required agency permits, and preparation and filing of CEQA compliance documents.
A total of two proposals were received on or before August 26, 2022. During the week of August August 29, 2022 the proposals were independently reviewed by the Assistant Public Works Director and the Assistant Engineer, which resulted in Dudek's submittal being selected as the top proposal.
Dudek assists municipalities on a broad range of projects that improve California’s communities, infrastructure, and natural environment. They have a reputation for providing exemplary environmental services throughout California. Dudek provides a rare, in-house mix of foresters, fire protection planners, biologists, archaeologists, environmental planners, geographic information systems (GIS) specialists, fuel treatment/habitat restoration expertise, and all technical specialties needed to conduct full California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA) analysis under one roof. Their team has experience preparing vegetation management plans; community wildfire protection plans; environmental analyses in accordance with CEQA/NEPA, including the California Vegetation Treatment Program (CalVTP); providing permitting support; and coordinating with landowners, regulatory agencies, and contractors to successfully develop and implement wildfire hazard reduction projects.
FISCAL IMPACT
The fiscal impact is a maximum of $40,750 from the General Fund to meet the required 25% match.
RECOMMENDED ACTION
Approve of a resolution authorizing:
1. Professional Services Agreement with Dudek to provide services associated with Phase I - St. Helena Defensible Space and Fuels Management Project for a total not to exceed $122,649; and
2. Approving a budget increase to 101-40-00-21-45 in the amount of $40,750 for the required City contribution of 25%.
Agenda Item #9.3.
ATTACHMENTS
Attachment 1 - Resolution 2022-XX Phase I - St. Helena Defensible Space and Fuels Management
Attachment 3 - Dudek Proposal: St. Helena Defensible Space Fuels Management Project Phase I
Attachment 4 - RFP Phase I - St. Helena Defensible Space and Fuels Management Project
Agenda Item #9.3.
Attachment 1
CITY OF ST. HELENA
RESOLUTION NO. 2022-
Resolution approving a three-year Professional Services Agreement with Dudek for a total not to exceed $122,649 and approve a budget increase to 101-40-00-21-45 in the amount of $40,750.
RECITALS
A. The City desires to hire a Consultant to furnish professional services to conduct a planning study, including biological and cultural resource assessments, fire fuels assessments and treatment plans, acquisition of required agency permits, and preparation and filing of CEQA compliance documents; and B. Dudek has represented that they have the necessary expertise, experience, and qualifications to perform the required duties.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena hereby resolves as follows:
1. Approve the Professional Services Agreement with Dudek for a total not to exceed amount of $122,649; and
2. Authorize the City Manager to execute the agreement on behalf of the City; and
3. Approve a budget increase to 101-40-00-21-45 in the amount of $40,750 for the required City contribution of 25%.
Approved at a Regular Meeting of the St. Helena City Council on September 13, 2022 by the following vote:
Mayor Ellsworth:
Vice Mayor Dohring:
Councilmember Chouteau:
Councilmember Hall:
Councilmember Hardy:
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.3.
PROPOSAL
DEFENSIBLE SPACE AND FUELS
MANAGEMENT
CITY OF ST. HELENA
AUGUST 26, 2022
853 Lincoln Way, Suite 208 / Auburn, CA 95603 / 530.887.8500 ATTACHMENT 3 Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project i Cover Letter
August 26, 2022
Ms. Mandy Kellogg
Administrative Services Director
City of St. Helena
1572 Railroad Avenue
St. Helena, California 94574
Subject: Phase I – St. Helena Defensible Space and Fuels Management Project Dear Ms. Kellogg,
Dudek is pleased to submit this proposal to support the City of St. Helena (City) with Phase I of their Defensible Space and Fuels Management Project. We have direct experience with fuels management planning and environmental review projects throughout California and look forward to working collaboratively with the City on this important project to reduce wildfire risk.
Dudek assists municipalities on a broad range of projects that improve California’s communities, infrastructure, and natural environment. We have built a reputation for providing exemplary environmental services throughout California. We provide a rare, in-house mix of foresters, fire protection planners, biologists, archaeologists, environmental planners, geographic information systems (GIS) specialists, fuel treatment/habitat restoration expertise, and all technical specialties needed to conduct full California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA) analysis under one roof. Our team has experience preparing vegetation management plans; community wildfire protection plans; environmental analyses in accordance with CEQA/NEPA, including the California Vegetation Treatment Program (CalVTP); providing permitting support; and coordinating with landowners, regulatory agencies, and contractors to successfully develop and implement wildfire hazard reduction projects. The Dudek team will bring the City the following advantages:
Experience in Defensible Space and Hazardous Fuels Reduction. The Dudek team includes Registered Professional Foresters (RPFs), Certified Wildfire Mitigation Specialists, and Certified Arborists with experience conducting defensible space inspections and developing hazardous fuels reduction prescriptions for communities throughout California. We understand fire ecology and fire behavior and the importance of hazardous vegetation treatments in reducing the potential for structural ignitability. Additionally, prior to joining Dudek, our Fire/Fuels Assessment Lead managed the defensible space program for the City of Glendale, California and has a solid working knowledge of vegetation management standards and codes.
Experience with Environmental Review for Fuels Management Projects. Our team has extensive experience in preparing environmental review documentation for vegetation management projects in California. We have direct experience conducting environmental review for projects where the California Department of Fire and Forestry (CAL FIRE) functions as the lead agency—specifically completing the CAL FIRE Environmental Review Report Form
MAIN POINT OF CONTACT
Scott Eckardt, RPF
853 Lincoln Way, Suite 105
Auburn, California 95603
530.863.4650
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project ii (ERRF) for Categorically Exempt projects. Additionally, we have experience preparing other CEQA documents, such as mitigated negative declarations (MNDs) and environmental impact reports (EIRs). as well as project specific analyses (PSAs) that tier off the CalVTP Program EIR. We have a full and in-depth understanding of CalVTP and application of its procedures to ensure efficient CEQA compliance for proposed vegetation management and fuels reduction activities. Our team is also familiar with federal and state environmental compliance requirements pertaining to wildfire risk reduction and forest management, including the latest updates to the CEQA Guidelines related to wildfire.
Understanding of Grant Programs and Requirements. The Dudek team routinely assists clients with wildfire resilience and wildfire hazard reduction projects that are funded by state or federal grant programs. Specifically applicable to the City’s project, we have direct experience with the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP). For the past several years, we have worked for FEMA (as a subconsultant) conducting feasibility and effectiveness reviews of HMGP grant applications. From this experience, we have developed a solid understanding of the overall grant program and the eligibility requirements for projects.
In addition, we have successfully completed environmental review for an HMGP-funded project, coordinating with our client and the California Governor’s Office of Emergency Services during that process.
An In-House Team With Experience Working Together on Similar Projects. The team assembled for this project has worked together successfully on several hazardous fuels reduction, planning, and permitting projects in the Northern California region. Our team of foresters, wildfire planners, biologists, and archaeologists understand the nuances of a hazardous vegetation management project. We work together efficiently to meet project goals and timelines.
The Dudek team will be managed by Scott Eckardt, a project manager and licensed forester with 23 years’ professional experience in the natural resource management field. Mr. Eckardt will be supported by Deputy Project Manager Jeremy Cawn and subject matter experts in biology, archaeology, environmental review, and GIS.
Dudek staff take our commitment to client responsiveness seriously, leveraging technology to maintain productivity and keep our teams connected, both internally and externally. We provide robust virtual support for our clients, maintaining continuity in critical projects across any scenario. We create strong working relationships and build trust with our clients to deliver quality products.
We acknowledge that we have received Addendum No. 1, dated August 11, 2022. Our proposal highlights the qualifications and experience of the Dudek team to successfully assist the City. We are excited by the opportunity to work with the City of St. Helena. Our team is ready to serve.
Sincerely,
__________________________________ _____________________________________ Joseph Monaco Scott Eckardt
President/CEO Project Manager
Joseph Monaco is authorized to sign on behalf of Dudek.
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project iii Table of Contents
SECTIONS
Cover Letter...................................................................................................................................................................................... i Relevant Experience ......................................................................................................................................................................1 Identification and Team.................................................................................................................................................................6 Project Examples and References............................................................................................................................................. 12 Scope of Work.............................................................................................................................................................................. 18 Budget and Schedule of Charges.............................................................................................................................................. 23 Work Schedule............................................................................................................................................................................. 25 Services Agreement.................................................................................................................................................................... 26 TABLE
1 Project Variables to Determine CEQA Approach........................................................................................................ 22 FIGURE
1 Dudek Team Organization ..............................................................................................................................................6
APPENDIX
A Resumes
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 1 Relevant Experience
Firm Overview
Dudek is a California-based environmental and engineering consulting firm with offices nationwide staffed by more than 700 planners, scientists, foresters, civil engineers, contractors, and technical experts. We help our clients address challenges related to infrastructure, planning, and the environment to drive project progress and create lasting results.
With analyses based in science and ethics, Dudek offers solutions that encompass the project lifecycle and anticipate future needs. Our professionals find practical, cost-effective approaches to help you achieve your project-specific and overall goals. We work to build your trust, which allows us to offer constructive and durable project solutions.
At Dudek, we routinely provide exceptional services to support a wide range of clients in an equally wide range of project types and sizes. Our depth and breadth of experience means we can quickly assemble and mobilize the right team members for specific tasks. Our project managers are empowered to solve problems and make decisions in a timely fashion to keep project momentum moving forward. With remarkably low employee turnover, our staff’s long tenure means the team you meet at project start will see your projects through to completion. We offer the most value for clients by doing the following:
▪ Being the best integrated, multifaceted team in the industry, with high-quality work products and client-focused service
▪ Being engaged listeners to understand problems and think through the highest value-oriented approach
▪ Anticipating and planning for our clients’ stakeholder needs ▪ Focusing on innovation to make smarter progress
▪ Being easy to work with because we are structured to support clients ▪ Understanding the stakes and the price of delays or failure Services
Dudek offers more than 50 services across nearly 20 practices to support projects across the United States. We bring extensive experience in wildfire resilience planning services, as well as California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA) compliance, civil engineering, biological and botanical assessments, cultural resources assessments, regulatory permitting, stormwater compliance, unmanned aerial vehicle (drone) mapping, and geographic information system (GIS) modeling and analysis. The following sections summarize our services that are relevant to the City of St. Helena’s (City’s) Defensible Space and Fuels Management Project.
DUDEK AT A GLANCE
▪ Multidisciplinary
environmental and
engineering services
▪ 700+ employees
▪ 17 offices
▪ Founded in 1980;
employee-owned
▪ Top 120 U.S.
Environmental Firms
(Engineering NewsRecord, 2021)
▪ More than 180 on-call
environmental
contracts throughout
California
▪ Silver medal in
sustainability
achievement
(EcoVadis, 2021)
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 2
WILDFIRE RESILIENCE PLANNING
The Dudek wildfire resilience planning team develops high-quality planning documents focused on reducing wildfire risk to communities and resources. Our planning documents are supported by thorough technical analyses of wildfire hazard and potential fire behavior, which support development and prioritization of risk mitigation strategies. We have completed numerous plans across a variety of vegetation communities and land management jurisdictions. Our knowledge of the regulatory environment results in plans that are effective and implementable.
Our wildfire resilience planning professionals prepare the following planning documents:
▪ Community Wildfire Protection Plans
▪ Regional Priority Plans
▪ Vegetation/Fuel Management Plans
▪ Wildland Fire Management Plans
▪ Forest Health Plans
▪ Wildfire Risk Analyses
▪ Wildfire Hazard and Fire Behavior Modeling Analyses
▪ CEQA and NEPA Documents
▪ CAL FIRE Plan, Exemption, and Emergency Notices
VEGETATION MANAGEMENT PLANNING
Dudek’s foresters and fire planners understand the need to maximize the ecological and aesthetic benefits of forests and native vegetation communities while balancing the need for fire hazard reduction. Dudek foresters analyze and model wildfire hazard conditions, conduct site assessments and associated resource mapping, identify and prioritize project areas, and develop plans and vegetation management prescriptions to strategically reduce fuel loads while considering potential impacts to natural resources. We understand the regulatory environment in California, have drafted numerous management plans, have processed plans and permits through various lead agencies, and can evaluate projects thoughtfully and critically.
Our fire and fuel management professionals provide the following professional services:
▪ Vegetation Management Plan preparation
▪ Wildfire hazard evaluations and management plan preparation ▪ Defensible space inspections
▪ Development of fuel treatment prescriptions
▪ GPS mapping
▪ GIS analysis and modeling of fire behavior
▪ Contractor bid package preparation
▪ Preparation of technical reports, management plans, and CEQA documents related to forest and fire management
▪ Presentation of findings to decision-making bodies
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 3 CEQA
Dudek has one of California’s largest, most experienced teams for CEQA and NEPA document preparation. Our environmental planners have prepared and processed more than 3,200 CEQA/NEPA documents for a variety of large and small development, restoration, and conservation projects throughout the United States, including several forest health and vegetative fuels management projects. Combining comprehensive analysis and research-based findings, we provide legally defensible documents that are supported by substantial evidence, none of which have ever been successfully overturned in court. We conduct technically sound assessments and manage environmental review processes in a streamlined, compliant, and straightforward manner.
Dudek environmental experts work collaboratively with clients; local, regional, state, and federal agencies; and the public to clearly define project objectives, address concerns, and outline appropriate processes. We apply practical CEQA/NEPA knowledge to comply with current laws, regulations, and case law. Our planners help clients creatively solve regulatory challenges within financial and scheduling constraints.
We produce complete CEQA/NEPA documents done right the first time. Our environmental planners work with our in-house technical editors and graphic designers to prepare high-quality documents that are clearly organized and easily interpreted by the public, agencies, and decision-makers responsible for future project development.
Our team has extensive experience in preparing environmental review documentation that tier off Programmatic Environmental Impact Reports (EIRs), such as that prepared for the California Vegetation Treatment Program (CalVTP). We have a full and in-depth understanding of CalVTP and application of its procedures, including projectspecific analyses, to ensure efficient CEQA compliance for proposed vegetation management and fuels reduction activities. We also have direct experience conducting environmental review for projects where the California Department of Fire and Forestry (CAL FIRE) functions as the lead agency—specifically completing the CAL FIRE Environmental Review Report Form (ERRF) for Categorically Exempt projects. Our team is also familiar with federal and state environmental compliance requirements pertaining to wildfire risk reduction and forest management, including the latest updates to the CEQA Guidelines related to wildfire.
BIOLOGY
Our knowledge and experience with the diverse natural resources of California is vital to the success of our environmental practice. Dudek biologists specialize in wildlife biology, botany, vegetation ecology, and wetlands science. We deliver thorough, defensible biological assessments and reports using our understanding of federal and state regulations and policies, knowledge of California’s diverse species and habitats, and use of the latest survey protocols and technology.
Our biologists prepare constraints analyses, perform construction surveys, manage long-term biological monitoring, draft biological reports in support of CEQA/NEPA documents, and prepare small- to regional-scale Habitat Conservation Plans and Natural Community Conservation Plans.
Our staff maintain the state and federal permits necessary to conduct general and focused surveys and develop management plans for almost all special-status wildlife species within California. Our team conducts biological surveys in conformance with applicable local, state, and federal guidelines to determine the presence of stateand federally listed species.
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 4 Using survey data, we characterize habitat values associated with a project site. Then, during project construction, we monitor construction activities to comply with environmental specifications, checklists, and project mitigation monitoring and reporting programs. We also work with the California Department of Fish and Wildlife to develop and implement plans to passively relocate species.
ARCHAEOLOGICAL AND CULTURAL RESOURCES
Dudek archeologists and architectural historians offer services from basic constraints studies to complex mitigation and preservation plans. We are recognized leaders in professional and community outreach, and we use innovative, thorough approaches to respond quickly and appropriately to project tasks and discoveries.
Our Registered Professional Archaeologists (RPA) have more than 100 years’ combined experience, are qualified consultants on local agency lists throughout California, and can cost-effectively respond to the smallest cultural resource survey while also assembling a crew of a dozen or more seasoned field technicians to address a largescale surface reconnaissance, significance assessment excavation, and/or a mitigation data recovery program.
Dudek senior archaeologists hold all necessary permits to conduct cultural resources investigations on federal and state lands. Our cultural resource project managers are familiar with variations in lead agency cultural resource guidelines and standardized methods, as well as the need to coordinate various agencies when project interests have overlapping jurisdictions.
We specialize in identifying resources that may cause project constraints and understanding those resources’ historical significance. Our team designs and implements significance assessment programs for projects administered at the local, state, and federal level. We are permitted to conduct cultural resources investigations on federal and state lands and are listed on local registers and with the Register of Professional Archaeologists.
Dudek has several tools for assessing subsurface archaeological deposits, including ground-penetrating radar (GPR) using GPR-Slice software, in addition to various hollow-stem augers, to extract cores with minimal subsurface disturbance. We also use resource recordation and condition assessment tools on multiple platforms (e.g., Trimble GPS receivers, smartphones and tables, and cloud databases).
These tools reduce field and lab costs by as much as 30% and increase the accuracy and reliability of resource documentation. Real-time recording and reporting provide clients accurate information on discoveries as they occur, allowing appropriate responses to be formulated and implemented with minimal downtime.
Throughout California, we have helped local, state, and federal agencies design creative programmatic approaches to evaluating the historical significance of archaeological and historical resources. Based on our experience with fast-tracked projects, we have developed an efficient approach to handling cultural resources.
Efficient resource treatment is mutually beneficial to the resource itself, the developer incurring the cost, and the agency providing resource oversight.
PERMITTING SUPPORT
Dudek project managers have worked extensively with federal and state resource agencies, including the U.S.
Fish and Wildlife Service, U.S. Army Corps of Engineers, National Marine Fisheries Service, U.S. Geological Survey, U.S. Bureau of Land Management, Regional Water Quality Control Board, and California Department of Fish and Wildlife.
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 5 Our team has particular expertise with the various state and federal laws and regulations governing natural resources throughout California, including both state and federal Endangered Species Acts, the California Native Plant Act, the Migratory Bird Treaty Act, the Bald Eagle and Golden Eagle Protection Act, the California Fish and Game Code, the Clean Water Act, the Porter-Cologne Act, and city/county tree ordinances.
Dudek consistently secures development permits, agreements, and approvals from state, federal, regional, and local agencies and other relevant agencies, groups, and entities that have jurisdiction in a project region. Our success stems directly from the relationships and reputation we have fostered with these agencies. Dudek provides reliable, scientifically based information tailored to address the specific requirements and standards of the relevant agency for permit application packages.
Dudek has successfully attained the following permits:
▪ Federal Clean Water Act Section 404 and 401 permits
▪ Construction Activity Stormwater Permits (National Pollutant Discharge Elimination System) ▪ State Section 1602 Streambed Alteration Agreements
▪ Federal Endangered Species Act Section 7 consultations for Biological Opinions ▪ Federal Endangered Species Act Section 10a(1)B incidental take permits ▪ State Endangered Species Act Section 2081 incidental take permits ▪ State Section 2080.1 Consistency Determinations
▪ Tree and woodland management and preservation plans to meet, state, city, and county requirements Geospatial Data Analysis and Mapping
Our GIS professionals provide an array of services, from GPS data capture, high-end analysis, and modeling, to complex application development with legacy database integration to assist our clients in achieving their goals.
We understand the needs of complex projects and the level of resource and project data that requires collection, management, and analysis. Dudek has the capability to provide high-quality data analysis and modeling and cartographic services to assist in navigating environmental review and regulatory permitting processes in a timely manner.
Dudek has worked for numerous public-sector clients throughout California, including cities, counties, fire agencies, land management agencies, non-profits, and regulatory agencies. We have successfully completed technical studies, planning and management plans, environmental review documents, and permit documents to support projects that enhance community safety.
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 6 Identification and Team
We have assembled a dedicated team of key personnel with the knowledge, expertise, and experience to support the City with this important wildfire risk reduction project. The Dudek team presented in this proposal is fully committed and available for this contract.
Figure 1 presents the Dudek team organization, including roles and responsibilities for the proposed staff members. Brief biographies highlighting the qualifications and experience of key personnel follow the organization chart, and staff resumes are provided in Appendix A.
Figure 1. Dudek Team Organization
DUDEK
▪ Legal Name: Dudek
▪ Corporate Office: 605 Third
Street, Encinitas, California
92024
▪ Local office: 853 Lincoln Way,
Suite 105, Auburn, California
95603
▪ Point of Contact: Scott Eckardt
[email protected]
530.863.4650
Cultural Lead
Adam Giacinta
ST . IIELENA l\ 1111,,,;-\
PROJECT MANAGEMENT
Project Manager
Scott Eckardt
TASK LEADERS
Biological Lead
Sean O'Brien
CEQA Lead
Dana Link-Herrera
Deputy Project Manager
Jeremy Cawn
Fire Fuels Assessment Lead
Jeremy Cawn
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 7 Scott Eckardt, RPF
PROJECT MANAGER
Scott Eckardt is a project manager and licensed forester with 23 years’ professional experience in the natural resource management field, specializing in forest resource and fire management issues in open-space and wildland–urban interface (WUI) areas throughout California. Mr. Eckardt’s project experience includes assessment and inventory of woodlands and forests; assessment of fire and fuel hazard conditions; WUI inspections for local fire departments; preparation of fire protection plans and community wildfire protection plans; modeling wildfire hazard; GIS data analysis; environmental monitoring; and preparation of assessment reports, vegetation management plans, and CEQA technical documents. In addition, he routinely utilizes GIS and spatial data in mapping, analysis of resource data, preparation of project plans, conducting project impact analyses, evaluating mitigation opportunities, and modeling fire behavior and wildfire hazard conditions. Mr. Eckardt previously worked for CAL FIRE in South Lake Tahoe, where he conducted fuel reduction, vegetation thinning, and forest rehabilitation projects.
Education
California State University,
Long Beach
MA, Geography
California Polytechnic State
University, San Luis Obispo
BS, Forestry and Natural
Resources Management
Certifications
RPF, No. 2835
Certified Arborist,
No. WE-5914A
Association for Fire Ecology
Certified Wildland Fire Manager
Professional Affiliations
ISA, AFE
Relevant Projects/Experience
▪ Vegetation Management Plan | OAKLAND FIRE DEPARTMENT
▪ Fuel Management Planning and Permitting | CITY OF SAN CARLOS ▪ San Mateo County Hazardous Fuels Reduction Program |
FIRE SAFE SAN MATEO
▪ Hazard Mitigation Grant Program Technical Reviews |
CDM/FEDERAL EMERGENCY MANAGEMENT AGENCY
▪ Community Wildfire Protection Plan and Program EIR |
SANTA BARBARA FIRE DEPARTMENT
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 8 Jeremy Cawn
DEPUTY PROJECT MANAGER
Jeremy Cawn is an urban forestry and wildfire mitigation specialist with 9 years’ experience as an arborist, utility forester, and hazardous vegetation management program manager. Mr. Cawn’s arboricultural experience includes urban forest inventory and management, hazard tree assessments, pest and disease surveys, tree protection ordinance administration, new development plan review, and tree maintenance contract administration. Mr. Cawn previously worked as an arborist and forester for New York City, the City of Claremont, and the City of Glendale. Prior to his work experience in urban forestry and vegetation management, Mr. Cawn spent 11 years working as a wildland fire fighter and a prescribed fire specialist.
Education
Northern Arizona University
Professional Certification, Fire
Ecology and Hazardous Fuels
Management
Southern Illinois University
BS, Forestry (Natural Resource
Management)
Certifications
ISA Certified Arborist, Municipal
Specialist No. NY-5876AM
RPF, No. 3007
Certified Wildfire Mitigation
Specialist, NFPA
Professional Affiliations
SoCal Fire Prevention
Officers Association
ISA
Relevant Projects/Experience
▪ Creek Wildfire Hazard Assessment | SANTA CLARA VALLEY
WATER DISTRICT
▪ Reservoir A Hazardous Fuels Reduction | EL DORADO
IRRIGATION DISTRICT
▪ Environmental Review for the Highways 35 and 84 Fuel Break Projects | FIRE SAFE SAN MATEO
▪ Hazard Tree Assessment Program | FRESNO COUNTY
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 9 Dana Link-Herrera
CEQA LEAD
Dana Link-Herrera is an environmental analyst with 7 years’ experience and a strong foundation in urban and regional planning and CEQA/NEPA. She has a diverse background working in in natural resource management, public universities, tribal communities, community outreach, permitting support, and environmental analysis.
Ms. Link-Herrera provides analytical, technical, and project management support on a variety of projects and environmental topics.
Education
California State Polytechnic
University, Pomona
MURP, Urban and Regional
Planning
University of California,
San Diego
BA, International Studies
(Environmental Studies
minor)
Professional Affiliations
APA, AEP
Relevant Projects/Experience
▪ Project Specific Analysis (PSA) For the Purisima Ridge Fuel Break |
SANTA BARBARA COUNTY FIRE DEPARTMENT
▪ PSA For the Sanborn and Upper Stevens Creek Forest Health Plan |
SANTA CLARA COUNTY PARKS
▪ PSA For the Montecito Vegetation Treatment Program |
MONTECITO FIRE PROTECTION DISTRICT
▪ Environmental Review for the Highway 280 Fuel Break Project |
LOS ALTOS HILLS COUNTY FIRE DISTRICT
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 10 Adam Giacinto
CULTURAL LEAD
Adam Giacinto is an archaeologist and ethnographic specialist based out of Sonoma County with 17 years’ experience preparing cultural resource technical documents, including those relating to archaeological survey, evaluation, data recovery, monitoring, environmental, and programmatic documents. His research interests include prehistoric hunter-gatherer cultures and contemporary social, historical, archaeological, and political mechanisms surrounding heritage values. He has experience implementing and managing archaeological and ethnographic work throughout the western United States.
Education
San Diego State University
MA, Anthropology
Sonoma State University
BA, Anthropology/ Linguistics
Santa Rosa Junior College
AA, Anthropology
Professional Affiliations
RPA
Society for California
Archaeology American
Anthropological Association
American Anthropological
Association
Relevant Projects/Experience
▪ Fuel Management Planning and Permitting | CITY OF SAN CARLOS ▪ San Mateo County Hazardous Fuels Reduction Program |
FIRE SAFE SAN MATEO
▪ Environmental Review for the Highways 35 and 84 Fuel Break Projects | FIRE SAFE SAN MATEO
▪ Pacific Gas and Electric Vegetation Management On-Call | 200 COMPLETED TASKS THROUGHOUT CENTRAL VALLEY AND
SIERRA NEVADA
▪ Hunter Subdivision | CITY OF ST HELENA
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 11 Sean O’Brien
BIOLOGY LEAD
Sean O’Brien is a biologist with 27 years’ experience in the planning, management, and implementation of natural resource-related projects throughout California. Mr. O’Brien specializes in wetlands and endangered species permitting, mitigation planning, biological impact assessment, and biological compliance monitoring program development for public and private clients. His primary focus has been on management of projects that involve preparation of regulatory permit applications and supporting documentation to secure local, state, and federal approvals on behalf of his clients.
Education
California Polytechnic State
University, San Luis Obispo
BS, Ecology and Systematic
Biology
Professional Affiliations
AEP
Association of State Wetland
Managers
California Native Plant Society
Society of Wetland Scientists
Relevant Projects/Experience
▪ State Route 17 Shaded Fuel Break Project | CAL FIRE/
SANTA CLARA COUNTY FIRESAFE COUNCIL
▪ Fuel Management Planning and Permitting | CITY OF SAN CARLOS ▪ San Mateo County Hazardous Fuels Reduction Program | FIRE
SAFE SAN MATEO
▪ Environmental Review for the Highways 35 and 84 Fuel Break Projects | FIRE SAFE SAN MATEO
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 12 Project Examples and References
The following projects are representative of Dudek’s expertise in successfully providing innovative planning approaches related to wildfire hazard and risk. References and details are provided for each project.
FUEL MANAGEMENT PLANNING AND PERMITTING
Client: City of San Carlos
Client Reference: Amy Newby, Parks and Recreation Director, City of San Carlos; Office: 650.802.4131; Cell: 650.576.8415; email: www.cityofsancarlos.org/pr
Date Completed: 2020
Contract Amount: $37,950
Key Dudek Staff: Scott Eckardt (Forester, Project Manager), Adam Giacinto, (Archaeologist), Emily Scricca (Biologist), Sean O’Brien (Biologist), Markus Lang (CEQA)
Dudek supported the City of San Carlos in its efforts to implement proposed fuel reduction activities on
approximately 130 acres of City-owned open space in
the wildland–urban interface (WUI). The project was
funded by a Federal Emergency Management Agency
grant. The purpose of the project was to reduce
hazardous fuel loads and vertical and horizontal fuel
continuity within the WUI in four City-owned parks
located in an area classified by the City of San Carlos as a Hazardous Fire Area. Dudek prepared fuel treatment
prescriptions and conducted biological and cultural
resources field surveys. Dudek also prepared a notice of exemption to support CEQA compliance. Proposed fuel
management activities include grazing, brush and tree
thinning/pruning, herbicide treatment of invasive species, and vegetation chipping and mastication. Additionally, Dudek foresters assisted the City of San Carlos in identifying priority fuel reduction areas and refining work areas based on sensitive resources and site constraints, including biological and cultural resources.
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 13
PROJECT SPECIFIC ANALYSIS FOR THE PURISIMA RIDGE FUEL BREAK Client: Santa Barbara County Fire Department
Client Reference: Rob Hazard, Division Chief/Fire Marshal, Fire Prevention Division, Santa Barbara County Fire; Office: 805.681.5554; Cell: 805.896.6402; Email: [email protected] Date completed: 2021
Contract Amount: $95,000
Key Dudek Staff: Dana Link-Herrera (Project Manager, CEQA), Kirsten Zecher (GIS Analyst), Scott Eckardt (Forester), Dave Compton (Biologist), Heather McDaniel McDevitt (Archaeologist) Dudek supported the Santa Barbara County Fire
Department in its efforts to implement proposed
vegetation treatment activities on approximately 598
acres of private property. The vegetation treatment
project would implement an approximately 16-mile fuel
break atop La Purisima Ridge. The project was funded
by a grant from the CAL FIRE California Climate
Investments Fire Prevention Grant Program. The
purpose of the proposed project was to reduce
flammable vegetation, improve environmental
conditions (e.g., forest health), and provide a strategic location between Los Alamos Valley and the City of
Lompoc where firefighting ground and air resources can
gain access and provide firefighters the ability to safely reduce the intensity of, slow down, or stop the spread of a wildfire that may occur on either side of the ridge. Pursuant to CEQA, Dudek prepared a PSA tiering from the CalVTP EIR. Proposed fuel management activities include manual (hand crew), mechanical (masticator and track chipper), and prescribed pile burning. Dudek conducted biological and cultural resources field surveys and assisted the Santa Barbara County Fire Department with contacting regulatory agencies, preparing fuel treatment prescriptions, and refining work areas based on sensitive resources and site constraints.
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 14
SAN MATEO COUNTY HAZARDOUS FUELS REDUCTION PROGRAM
Client: FIRE SAFE San Mateo County
Client Reference: Denise Enea, President, FIRE SAFE San Mateo County; Office: 650.740.9883; Email: [email protected]
Date Completed: 2019
Contract Amount: $15,340
Key Dudek Staff: Scott Eckardt (Forester, Project Manager), Adam Giacinto, (Archaeologist), Emily Scricca (Biologist), Sean O’Brien (Biologist)
Dudek foresters prepared an ERRF per CAL FIRE
standards to evaluate the environmental effects of fuel management activities being conducted by FIRE SAFE
San Mateo within Eaton and Big Canyon Parks, located
in the City of San Carlos. This project was funded by a Federal Emergency Management Agency grant. Dudek
conducted field surveys to assess fuel loading, forest
stand conditions, and biological resource field surveys to evaluate potential operational constraints posed by
special-status plant and wildlife species or sensitive
habitats. Dudek foresters consulted with CAL FIRE (lead agency) staff during preparation of the ERRF, which
also outlined natural resource impact avoidance and
minimization measures to be implemented during fuel
treatment operations. The ERRF was submitted to CAL
FIRE for project-related CEQA compliance and was subsequently approved. Biological field surveys and development of special-status species avoidance and impact minimization measures were also completed as a component of the project. The project was implemented in 2018 and 2019.
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 15
OAKLAND VEGETATION MANAGEMENT PLAN
Client: Oakland Fire Department
Client Reference: Angela Robinson-Piñon, Strategy & Planning Manager, Oakland Public Works Department; Office: 510.238.3707; Email: mailto:[email protected] Date Completed: Ongoing
Contract Amount: $231,600
Key Dudek Staff: Scott Eckardt (Forester, Project Manager) Dudek recently prepared a Draft
Vegetation Management Plan (VMP) for
the City of Oakland Fire Department. The
scope of the VMP covers nearly 2,000
acres of City of Oakland-owned land,
along with more than 300 miles of
roadside treatment areas in the City of
Oakland’s designated Very High Fire
Hazard Severity Zone. The Draft VMP
outlines vegetation management
techniques and standards to reduce the
likelihood of extreme fire behavior and
promote public and firefighter safety. The
management recommendations included
in the Draft VMP draw on field data, research, principles of vegetation/fuels management, and the results of GISbased fire behavior modeling using FlamMap software. Prioritization of vegetation treatment areas in the Draft VMP considers these variables as well as the size, physical characteristics, and spatial distribution of City of Oakland-owned parcels throughout the plan area. The Draft VMP is currently out for public and stakeholder review, and Dudek will revise the plan to incorporate feedback. To date, Dudek has presented at six public/stakeholder meetings to gather input and receive feedback on the Draft VMP. In addition, Dudek has conducted numerous phone interviews to gain feedback from stakeholders and City staff. Preparation of the EIR for the VMP is underway, and Dudek is supporting the project team during its preparation.
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 16
FOREST HEALTH PLAN CONSULTING SERVICES
Client: Santa Clara County Parks
Client Reference: Shelan Zuhdi, Parks Natural Resource Planner, Santa Clara County Parks; Office: 408.355.2285 Email: [email protected]
Date Completed: Ongoing
Contract Amount: $185,000
Key Dudek Staff: Scott Eckardt (Forester, Project Manager), Dana Link-Herrera (CEQA Lead), Adam Giacinto, (Archaeologist), Emily Scricca (Biologist), Sean O’Brien (Biologist) Dudek foresters prepared a draft forest health plan
covering Sanborn County Park (3,400 acres) and
Upper Stevens Creek County Park (1,280 acres).
Santa Clara County Parks engaged Dudek to develop
a plan to proactively address management of forest
threats (e.g., wildfire, Douglas-fir encroachment,
pathogens) to maintain high recreational value in
both parks. The parks are located in the central
portion of the Santa Cruz Mountains, characterized
by steep terrain and dominated by Douglasfir/tanoak forest, oak woodland, and redwood forest, and include numerous recreational amenities
(e.g., campsites, trails, picnic areas). Preparation of the plan involved extensive field surveys to evaluate
forest health conditions, identifying management
actions and projects to address observed forest health issues, outlining management recommendations and a plan implementation framework, and developing special-status species avoidance and impact minimization measures. The draft plan was completed in June 2020, and work on finalizing the plan is underway. Dudek is also supporting County Parks and preparing a PSA tiering from the CalVTP Program EIR. Finalization of the plan will also include identified strategic fuel reduction project areas that are a component of the CAL FIRE grant-funded work being initiated by the Los Gatos Creek Watershed Collaborative.
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 17
TEAGUE NEIGHBORHOOD SHADED FUEL BREAK
Client: FIRE SAFE San Mateo County
Client Reference: Denise Enea, President, Fire Safe San Mateo County; Office:650.740.9883; Email: [email protected]
Date Completed: 2019
Contract Amount: $17,350
Key Dudek Staff: Scott Eckardt (Forester), Adam Giacinto, (Archaeologist), Emily Scricca (Biologist), Sean O’Brien (Biologist)
Dudek prepared an ERRF per CAL FIRE standards to
evaluate the environmental effects of fuel management
activities being proposed by FIRE SAFE San Mateo
within the Teague Hill Preserve of the Midpeninsula
Regional Open Space District. This project was funded
by a CAL FIRE Prevention Program grant. Dudek
conducted forest resources and fuels surveys and
biological and archaeological resources field surveys to evaluate potential constraints to proposed fuel reduction activities. Dudek then prepared and submitted the ERRF
for project-related CEQA compliance. The Draft ERRF
was reviewed by FIRE SAFE San Mateo, Midpeninsula
Regional Open Space District, and CAL FIRE with only
minor comments. The Final ERRF was approved by CAL
FIRE in April 2019.
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 18 Scope of Work
This section outlines Dudek’s proposed approach to assisting the City with Phase I of the Defensible Space and Fuels Management Project. However, we will work with the City to refine this scope of work, where appropriate, to meet the overall needs of the project. We also understand that the project covers vegetation management activities across 159.4 acres within six distinct treatment areas in the City. We also assume that access to the treatment areas will be made available by the City.
Task 1: Biological and Cultural Resource Assessments
Task 1A Biological Resource Assessment
Dudek biologists will assess existing biological resource conditions and document the presence of special-status species and sensitive communities present or potentially present at each site. Dudek will conduct a literature review to identify known records of special-status species and sensitive habitats in the vicinity of the of each site.
The literature review will include a search of the California Department of Fish and Wildlife Natural Diversity Data Base, U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation database, and the California Native Plant Society’s On-line Inventory of Rare and Endangered Plants. Other relevant technical studies and/or biological resources reports from other projects in the vicinity of the project region will be reviewed, as available. Dudek biologists will then conduct a reconnaissance-level survey of the project area on foot to identify areas that provide habitat for special-status plant and wildlife species and/or any other sensitive biological resources that could constrain proposed vegetation management activities. The results of these general biological resource surveys will be incorporated into a biological survey technical memo. The results of the biological resource assessment will be presented in a letter report that will include a description of the overall purpose of the assessment, a discussion of survey methods, and a map depicting the location and extent of of key biological resources, including any observed/documented sensitive resources. Dudek will recommend measures to avoid or minimize impacts to biological resources in the report.
Assumptions
▪ The biological resource survey can be completed in four (4) standard 8-hour workdays by two biologists, including travel, and that access will be arranged prior to survey being conducted.
Deliverables
▪ Preparation of one (1) draft letter report with one (1) round of review and comment from the City ▪ Letter report describing the results of the biological resources assessment Task 1B Cultural Resource Assessment
Cultural resources investigations will include an inventory of all cultural resources within the Area of Potential Effects (APE). Dudek will request a records search for a 0.25-mile radius around the project treatment areas from the Northwest Information Center to obtain information on previously recorded cultural resources and investigations. Upon written notice to proceed, we will also initiate correspondence with the Native American Heritage Commission (NAHC) to request a search of the Sacred Lands File for any known Native American resources identified within the APE. As part of the results of this search, NAHC will provide a Contact List of tribal individuals and organizations that may have additional information concerning resources in the vicinity. Once the City approves, Dudek will notify the traditionally geographically affiliated Native American tribes of the proposed project. We will also review the CAL FIRE tribal contact list to ensure that these contacts are included in this Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 19 outreach effort. Following archival research, Dudek will complete an intensive pedestrian survey of the APE, excluding areas with unsafe conditions and exceeding 30 percent slope per standard practice. Dudek will document the results of the cultural resources investigation in a letter report. This report will include a project information, archaeological records check information, Native American consultation information, pre-field research, survey methods, survey results, and management strategies. Management strategies will be designed such that they are feasible for standard fuel reduction implementation strategies.
Assumptions
▪ A Native American monitor will not be necessary during the survey. ▪ No archaeological or built environment resources (buildings over 45 years in age) resources will be identified within the APE although, should we have sufficient remaining budget, we will complete baseline documentation while in the field so that we can help guide management needs. ▪ The survey can be completed in four (4) standard 8-hour workdays by two archaeologists, including travel, and that access will be arranged prior to survey being conducted. ▪ Direct records search cost will not exceed $1,200.00
Deliverables
▪ Letter report with the results of the cultural resources investigation Task 2: Fire Fuels Assessment and Treatment Plan
Task 2A Field Assessment
The Dudek Fire/Fuels Assessment Lead will conduct a field assessment to better understand the fire environment present in the project area, specifically focused on fuel loading and fuel conditions. To aid in field assessments, maps will be created with available vegetation, fuels, property boundary, and other pertinent site data. Field evaluations will include assessment and documentation of terrain, vegetation/fuel types, treatment areas, road/access conditions, landscape characteristics, and other environmental variables that increase wildfire risk or prohibit fuels treatment activities. Dudek proposes to coordinate with the City prior to conducting field evaluations to better understand local fire risk factors. Field-based fuels assessments will also be an opportunity to inform treatment prescription development and identifying vegetation management techniques, some of which may be site specific. As needed, treatment areas (or sub areas) will be mapped. We will also document the estimated quantity of trees that would require removal. Identified tree quantities will be an estimate, as conditions can change during removal operations that may necessitate additional tree removals. Trees will be quantified by species and diameter class and quantities documented by treatment area (or sub area). Individual tree locations will not be mapped. Observations of invasive species will also be documented on field maps by project area (or sub area).
Dudek will also consider the presence of riparian areas along the Napa River. Treatment prescriptions in such areas would be developed in coordination with Dudek biologists to minimize potential impacts to sensitive habitats. We will also evaluate the Bell Canyon Reservoir Watershed to identify any areas where restoration activities can be implemented to minimize erosion and potential impacts to water quality.
Deliverables
▪ No deliverables anticipated for this task
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 20 Task 2B Fire Fuels Assessment and Treatment Plan
Following completion of the field assessment, Dudek will develop a Fire Fuels Assessment and Treatment Plan (Plan) to guide implementation of fuels reduction treatments anticipated under Phase II. Based on field observations, vegetation management prescriptions will be developed for each area (or sub area) and specific to the different vegetation types present. The intent of vegetation management prescriptions will be to modify fuel structures such that fire spread is reduced and the intensity of fire behavior is lessened to provide short- and longterm safety and protection of public and private assets. We will work with the City to identify the intended vegetation treatment techniques to be implemented (assumed to be hand treatment). Treatment prescriptions would consider the results of fuels, biological resource, and cultural resource surveys and associated site and temporal constraints (e.g., sensitive species locations or potential habitat, bird nesting season). Additionally, Best Management Practices (BMPs) will be prepared for the Plan area to avoid or minimize potential impacts to sensitive resources (e.g., invasive species control, erosion control). The Plan will include maps denoting the location of treatment areas and associated prescriptions. Any BMPs that are site specific will also be identified on Plan maps.
Deliverables
▪ One (1) edit/review cycle of the Plan with the City (final Plan to be completed after public input, described in Task 4)
Task 2C CEQA Approach Identification
As a component of Plan development, Dudek will work with the City, the County, and CAL FIRE to evaluate and identify treatments that qualify for expedited CEQA review and can be fast-tracked for implementation. It is anticipated that treatments within 100 feet of structures would qualify for a Class 4 Categorical Exemption – Minor Alterations to Land (CEQA Guidelines Section 15304). Additionally, Dudek anticipates that some treatments would qualify for fast-tracked CEQA review as Emergency Projects (CEQA Guidelines Section 15269), as they are proposed to reduce risk to critical water treatment structures in response to the effects of the LNU Lightning Complex and 2020 Glass Fire fires, which resulted in emergency situations at similar existing facilities (i.e., the loss of water tanks and long-term water quality issues). For treatments that do not qualify for fast-tracked CEQA review, Dudek will determine the appropriate level of CEQA review that is most expeditious and will reduce the need for future environmental review.
The proposed treatments may be divided into sub-treatment areas that have different environmental review and documentation requirements. This may allow for portions of the project area to be treated earlier than others. Dudek will consider different CEQA approaches for each area, including the following: Categorical Exemption (Cat Ex), statutory exemption for Emergency Projects, Mitigated Negative Declaration (MND), EIR, and CalVTP PSA. This process will also consider the results of the biological and cultural resources assessments conducted under Task 1.
Task 3: Regulatory Permitting and CEQA Compliance
Task 3A Regulatory Permitting
Based on the results of the biological resource assessment described in Task 1a above and depending on proposed fuel treatment prescriptions and site-specific conditions at each of the six project areas, Dudek permitting specialists will develop a regulatory permitting strategy for the project with the intent of identifying the most efficient path forward through local, state, and federal requirements. Because at least two of the project areas occur along the banks of the Napa River and several other projects could support aquatic or other sensitive resources, we anticipate that complete avoidance of such resources will not be feasible. As such regulatory authorizations from California Department of Fish and Wildlife (CDFW) under Section 1602 of California Fish and DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 21 Game Code and Regional Water Quality Control Board (RWQCB) pursuant to the California Porter-Cologne Act are expected to be necessary for project effects on riparian vegetation. U.S. Army Corps of Engineers involvement is not anticipated as typical fuel treatment activities do not involve deposition of fill in waters of the United States and removal of above-ground vegetation is not a regulated activity under Section 404 of the Clean Water Act. For the purposes of this scope of work, Dudek assumes that up to two projects will require preparation of permit application packages for submittal to CDFW and RWQCB to secure these agencies’ authorization of project activities. Permit applications will include a cover letter, standard application form, figures depicting the type and extent of impacts to jurisdictional features, a discussion of measures to avoid and minimize impacts, evidence of CEQA compliance, a copy of the biological resources assessment, and applicable application filing/processing fee.
Submission of other project-related documents is sometimes required, as well as coordination with agency staff.
Assumptions
▪ Permit application filing/processing fees will be the responsibility of the City. ▪ Endangered Species Act consultation with USFWS will not be required Deliverables
▪ Preparation of draft application packages to CDFW and RWQCB for two projects with one (1) round of review and comment from the City
Task 3B CEQA Compliance
Following determination of the appropriate CEQA compliance approach (Task 2C), Dudek will prepare the necessary CEQA documents for the Plan. We anticipate that some project areas (or sub areas) will be categorically exempt or statutorily exempt; therefore, Dudek will prepare the one-page Notice of Exemption form and/or the Categorical Exemption/Categorical Exclusion Determination Form for the City for these areas. Dudek also has experience preparing the CAL FIRE ERRF for CAL FIRE exempt projects and will work with CAL FIRE and the City to determine if this would be the appropriate approach for specific treatments.
We anticipate that project areas (or sub areas) determined not to be categorically exempt will require preparation of an MND or a CalVTP PSA. We do not anticipate that preparation of an EIR will be necessary. Dudek will determine the appropriate CEQA level of analysis (Task 2C) in consideration of the results of the biological and cultural resources assessments, as well as the fire fuels assessment and treatment plan. Based on our initial findings shown in Table 1, four of the six proposed treatments include land that intersects the CalVTP Treatable Landscape. Per the CalVTP Program EIR, fuel break treatments that extend from State Responsibility Areas into the Local Responsibility Area and/or intersect with the CalVTP Treatable Landscape may be evaluated under the CalVTP. Therefore, this proposal assumes that a CalVTP PSA would be the appropriate level of CEQA review if treatment areas are evaluated as a whole. Upon completion of the biological and cultural resources assessments and the fire fuels assessment and treatment plan, Dudek will review specific project details and will provide an updated scope of work if a different CEQA approach is warranted.
Assumptions
▪ The City is the lead agency
▪ No additional technical studies will be required
▪ The appropriate level of CEQA documentation for all treatments will be a Categorical Exemption, Statutory Exemption, or CalVTP PSA
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 22 Table 1. Project Variables to Determine CEQA Approach
Project Name
Size
(Acres)
Structures within
100 feet
Treatment Proposed Outside
100 Feet From Structures
Intercepts CalVTP
Treatable Landscape
Big Rock 29.6 Residences Yes Yes
Napa River at Pratt
Avenue
3.4 Residences Yes No
Flood Project: Napa
River at Pope Street
13.8 Residences Yes No
Water Treatment Plant 17.5 Water treatment plant Yes Yes Bell Canyon Reservoir
Watershed
40 Bell Canyon reservoir Yes Yes
Glass Fire Edge,
Fantesca Winery to
Spring Street
55.1 Residences, wineries,
water tank
Yes Yes
Task 4: Public Outreach
Upon completion of the draft Fire Fuels Assessment and Treatment Plan and biological and cultural resource assessments, the City will present the project and Plan to the public. Dudek will attend this meeting to answer any technical questions that may arise. Following the meeting, we will incorporate applicable public feedback into the final Plan, in coordination with the City.
Assumptions
▪ The City will present the project and Plan to the public. ▪ The City will plan, schedule, and lead the public outreach meeting. ▪ The final Plan will be provided to the California Governor’s Office of Emergency Services for consideration for funding Plan implementation.
Deliverables
▪ Final Plan
DUDEK
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 23 Budget and Schedule of Charges
Dudek Labor Hours and Rates
Project Team Role:
Senior
Specialist IV Specialist II
Senior
Specialist I Analyst III Technician III
Project Director/
Environmental Specialist III Specialist II Analyst III GIS Analyst II Publications
Specialist l
Total
Dudek
Hours
Dudek Labor
Costs
Other Direct
Costs Total Fee
Team Member:
Scott
Eckardt
Jeremy
Cawn
Adam
Giacinto
Nicholas
Hanten
Elizabeth
Sivell
Sean
O'Brien
Emily
Scricca
Dana LinkHerrera Analyst
III
GIS
Analyst II
Publications
Specialist l
Billable Rate: $235.00 $155.00 $195.00 $120.00 $75.00 $265.00 $165.00 $155.00 $110.00 $130.00 $90.00 Task 1. Biological and Cultural Resource Assessments
1.A Biological Resource Assessment 2 12 50 30 16 110 $17,120.00 $312.50 $17,432.50
1.B Cultural Resource Assessment 2 12 48 24 12 4 102 $12,130.00 $2,366.00 $14,496.00 Subtotal Task 1 4 12 48 24 12 50 30 28 4 212 $29,250.00 $2,678.50 $31,928.50 Task 2. Fire Fuels Assessment and Treatment Plan
2.A Field Assessment 2 100 102 $15,970.00 $750.00 $16,720.00
2.B
Fire Fuels Assessment and
Treatment Plan
8 50 20 12 8 98 $14,110.00 $14,110.00
2.C CEQA Approach Identification 10 2 10 22 $4,210.00 $4,210.00 Subtotal Task 2 20 152 10 20 12 8 222 $34,290.00 $750.00 $35,040.00 Task 3. Regulatory Permitting and CEQA Compliance
3.A Regulatory Permitting 4 30 70 30 24 158 $26,540.00 $26,540.00
3.B CEQA Compliance 20 8 8 40 80 24 12 192 $24,580.00 $24,580.00 Subtotal Task 3 24 8 30 78 40 110 48 12 350 $51,120.00 $51,120.00 Task 4. Public Outreach 8 8 2 2 4 24 $4,310.00 $250.00 $4,560.00 Total Hours 28 188 12 58 24 42 130 54 160 88 24 808
Total $6,580.00 $29,140.00 $2,340.00 $6,960.00 $1,800.00 $11,130.00 $21,450.00 $8,370.00 $17,600.00 $11,440.00 $2,160.00
$118,970.00 $3,678.50 $122,648.50
Percent of Hours (Base) 3% 23% 1% 7% 3% 5% 16% 7% 20% 11% 3%
I I I I I I I I I I I I I I
I I
I I
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 24 DUDEK
DUDEK 2022 Standard Schedule of Charges
Engineering Services
Project Director ..................................................................... $310.00/ hr Principal Engineer Ill .............................................................. $28500/hr Principal Engineer 11 ................................................. $275.00/hr Principal Engineer 1 ........................................................... $265.00/hr Program Manager ................................................................. $255.00/ hr Senor Project Manager ...................................................... $25500/hr Project Manager .................................................................... $245.00/hr Senor Engineer Ill ................................................................. $240 00/hr Senor Engineer II .................................................................. $230 00/hr Senor Engineer I ................................................................... $220 00/hr Project Engineer IV/Technician IV ........................................ $21000/hr Project Engineer Ill/Technician Il l ......................................... $20000/hr Project Engineer II/Technician II ........................................... $185.00/hr Project Engineer I/Technician I ............................................. $165.00/hr Senor Designer 11 ................................................................. $190 00/hr Senor Designer I ................................................................... $185.00/ hr Designer . . $17500/hr
Assistant Designer ............................................................ $17000/hr CADD()perator Ill ................................................................... $165.00/hr CADD Operator II .................................................................. $155.00/hr CADDOperator I .................................................................... $14000/hr CADD Drafter ......................................................................... $125.00/hr CADD Technician ................................................................... $115.00/hr Project Coordinator .............................................................. $145 00/hr Engineering Assistant ........................................................... $120.00/hr Environmental Services
Project Drector ................................................................................ $255.00/hr Senor Specialist IV ........................................................................ $23500/hr Senor Specialist Ill .......................................................................... $22500/ hr SenorSpecialistll .. . $21000/hr
SenbrSpecialist l $19500/ hr
Specialist V ...................................................................................... $18500/hr Specialist IV ..................................................................................... $17500/hr Specialist Il l ...................................................................................... $16500/hr Specialist II ....................................................................................... $15000/ hr Specialist I $140.00/hr
AnalystV ....................................................................................... $13000/hr Analyst.IV ......................................................................................... $115.00/ hr Analyst Ill... . ...................... $105.00/hr
Analyst II ........................................................................... $95.00/hr Analyst I ............................................................................................... $8500/hr Technician Ill ..................................................................................... $7500/ hr Technician II $65.00/ hr
Technician 1 ....................................................................................... $5500/hr Mapping and Surveying Services
Applicaton Developer II .. . .................. $19500/hr Applicaton Developer I ................................................................... $15500/hr GISAnalystV . . ...... $20500/hr
G6AnalystlV.. . ........................ $16500/hr
G6 Analyst Ill ................................................................................... $14500/hr G6 Analyst II .................................................................................... $130 00/ hr G6Analystl ..................................................................................... $11500/hr UASPilot ........................................................................................ $11500/hr Survey Lead ..................................................................................... $185 00/hr Survey Manager $13500/hr
Survey Crew Chief ........................................................................... $115.00/ hr Survey fbd Person... . .............. $9500/hr
Survey Mapping Technician . . .. $95.00/hr
Construction Management Services
Principal/Manager ................................................................ $195.00/hr Senbr Constructon Manager ............................................... $185.00/hr Senor Project Manager ...................................................... $17500/ hr Construction Manager .......................................................... $160.00/hr Project Manager $15000/ hr
Resident Engineer.. .. ...... $150 00/hr
Construction Engineer. .......................................................... $150.00/hr On-site Owner's Representative ........................................... $14000/hr Prevai ling Wage Inspector .................................................... $13900/hr Construction Inspector .......................................................... $135.00/hr Administrator/Labor Compliance ......................................... $100.00/hr DUDEK
Hydrogeology/HazWaste Services
ProJect Director ................................................................... $305 00/ hr Principal Hydrogeologist/Engineer II .. . ....... $280.00/hr Principal Hydrogeologist/Engineer I .................................. $260.00/ hr Senior Hydrogeologist V/Engineer V ................................... $240.00/hr Senior Hydrogeologist IV/Engineer IV .............................. $230 00/hr Senior Hydrogeologist Ill/Engineer Ill ................................... $220.00/hr Senior Hydrogeologist II/Engineer II ..................................... $210 00/hr Senior Hydrogeologist I/ Engineer I ...................................... $200.00/hr Project Hydrogeologist V/Engineer V ................................... $185.00/hr Project Hydrogeologist IV/ Engineer IV ................................. $175 00/hr ProJect Hydrogeologist Ill/Engineer Ill .................................. $165.00/hr Project Hydrogeologist II / Engineer II .................................... $155.00/hr ProJect Hydrogeologist I/Engineer I ...................................... $145.00/hr Hydrogeologist/Engineering Assistant ................................. $120 00/hr District Management & Operations
Dstrd General Manager .................................................... $210.00/hr Dstrict Engineer. ................................................................... $205.00/hr Operations Manager ............................................................ $160 00/hr Dstrict Secretary/Acoountant $135.00/hr
Collections System Manager ................................................ $135.00/hr Grade VOperator .................................................................. $125.00/hr Grade IV Operator ................................................................. $110.00/hr Grade Ill Operator ................................................................. $100.00/ hr Grade II Operator .. .. $80 00/hr
Grade I Operator .................................................................. $75 00/hr Operator in Training ................................................................ $75.00/ hr Collecton Maintenance Worker ............................................ $75.00/hr Creative Services
Creative Services IV ........................................................... $165.00/hr Creative Services Ill ............................................................... $150.00/hr Creative Services II ............................................................... $135 00/hr Creative Services I $120.00/hr
Publications Services
Technical Editor IV ................................................................ $165.00/hr Technical Editor Ill ................................................................. $150 00/hr Technical Editor II .................................................................. $135.00/hr Technical Editor I ................................................................... $120.00/ hr Publications Specialist IV ...................................................... $120.00/hr Piublications Specialist Ill ...................................................... $110 00/hr Piublications Specialist II ....................................................... $100.00/hr Publications Specialist 1.... . $90 00/hr
Clerical Administration .......................................................... $90 00/hr For1n111 Enr;ln1trlnc; - Court appearances, depositions, and interrogatorie s as expert witne ss wi ll be billed at 2.00 times normal rates.
Em1ra1noy nd Holldl)'I - Minimum charge of two hours will be billed at 1.75 times the normal rate.
Mlt1l11I nd D11tlld1 StrvlOII - Subcontractors, rental of special equipment, speoiat reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct co st.
Tmel ExptntH- Mileage at current IR S allowab le rate s. Per diem wtlere overnight stay is involved is charged at cost
lnvoltH, Lita Ch1rg11 - All tees wi ll be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent it not paid within 30 days from the date of the invoice . Client agrees to pay a monthly late charge equal to 196 per month of the outstanding balance until paid in full.
Annual lnoraac11- Unless idertified otherwise, these standard rates will increase 396annualty.
The rate s listed above assume prevailing wage rate s does not apply. If this ass umption is incorrect Dudek re serves the right to adjust its rates accordingly.
EFFECTIVE JANUARY 1, 2022
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 25 Work Schedule
Agenda Item #9.3.
Phase I – St. Helena Defensible Space and Fuels Management Project 26 Services Agreement
Dudek respectfully requests adding the following sentence to the end of section 8B:
Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City’s defense costs to the extent such costs are incurred as a result of Consultant’s negligence, recklessness or willful misconduct.
Dudek respectfully requests adding the following sentence to the end of section 11A:
Any reuse of the Work Product beyond the original project or modifications to the Work Product without Consultant’s consent shall be at City’s sole risk.
Agenda Item #9.3.
Appendix A
Resumes
Agenda Item #9.3.
1 Scott Eckardt, RPF
PROJECT MANAGER, LICENSED FORESTER
Scott Eckardt is a project manager and licensed forester with 23 years’ professional experience in the natural resource management field, specializing in forest resource and fire management issues in open-space and wildland–urban interface (WUI) areas throughout California. Mr. Eckardt’s project experience includes assessment and inventory of woodlands and forests; monitoring of woodland and forest resources on development sites; assessment of fire and fuel hazard conditions; WUI inspections for local fire departments; preparation of fire protection plans (FPPs) and Community Wildfire Protection Plans (CWPPs); GPS mapping; environmental monitoring; and preparation of assessment reports, oak woodland management, preservation plans, and California Environmental Quality Act (CEQA) technical documents. In addition, he routinely utilizes geographic information system (GIS) data and aerial imagery in mapping, analysis of resource data, preparation of project plans, conducting project impact analyses, evaluating mitigation opportunities, and modeling fire behavior and wildfire hazard conditions. Mr. Eckardt previously worked for the California Department of Forestry and Fire Protection (CAL FIRE) in South Lake Tahoe, where he conducted fuel reduction, vegetation thinning, and forest rehabilitation projects.
Project Experience
Community Wildfire Protection Plan (CWPP) and Program Environmental Impact Report (PEIR), Santa Barbara Fire Department, City of Santa Barbara, California.
Mr. Eckardt served as the lead author and prepared the CWPP for the City of Santa Barbara, a comprehensive plan intended to mitigate the impact of wildland fire to the City. The project served to update the City’s 2004 Wildland Fire Plan and involved conducting a wildfire hazard assessment, which involved field evaluations, research, spatial data analysis, and fire behavior modeling. Fire behavior modeling utilized FlamMap software to evaluate the potential for extreme fire behavior. The results of this assessment helped to identify and prioritize projects to be included in the CWPP. Mr. Eckardt also supported the project’s community outreach component, drafted sections of the PEIR, and worked closely with other Dudek technical staff to clarify the recommend actions included in the CWPP. The CWPP and PEIR were both finalized and adopted in February 2021.
Gaviota Coast Community Wildfire Protection Plan. Mr. Eckardt is currently working with the Santa Barbara Fire Safe Council to develop the CWPP for the Gaviota Coast. The plan area encompasses approximately 100,000 acres extending from the City of Goleta in the east to Point Conception in the west. The plan area includes a variety of land uses, including residential, recreation, ranching, agriculture, and open space management. To date, Mr. Eckardt has completed the wildfire hazard analysis for the plan area using the fire behavior modeling and integrated hazard mapping tools included in the Interagency Fuels Treatment Decision Support System application. He is also in the process of conducting stakeholder outreach with two development team meetings and one community meeting held, and agency and additional community meetings planned. The CWPP is also being drafted and anticipated to be completed in 2022.
Education
California State University,
Long Beach
MA, Geography, 2006
California Polytechnic
State University,
San Luis Obispo
BS, Forestry and Natural
Resources Management,
1998
Certifications
Registered Professional
Forester (RPF), No. 2835
Certified Arborist,
No. WE-5914A
Association for Fire
Ecology Certified Wildland
Fire Manager
Professional Affiliations
Association for Fire
Ecology (AFE)
International Society of
Arboriculture (ISA)
Agenda Item #9.3.
2 Professional Forestry Services for Fuel Management Grant, City of San Carlos, California. Mr. Eckardt managed planning and environmental review services in support of a FEMA grant-funded fuel management project being implemented by the City of San Carlos. The project involved field assessment, biological and cultural resource surveys, and environmental review under CEQA. Proposed fuel management activities are planned on approximately 100 acres of community open space in the City’s wildland urban interface (WUI) and include grazing, brush and tree thinning/pruning, herbicide treatment of invasive species, and vegetation chipping and mastication.
Teague Hill Shaded Fuel Break Project, Fire Safe San Mateo, San Mateo County, California. Mr. Eckardt managed preparation of an Environmental Review Report Form (ERRF) per CAL FIRE standards to evaluate the environmental effects of fuel management activities being conducted by Fire Safe San Mateo within the Teague Hill Preserve, owned by Midpeninsula Open Space District. This project was funded by a CAL FIRE Fire Prevention Program Grant and project tasks involve conducting forest resources and fuels surveys and biological and archaeological resources field surveys to evaluate potential constraints to proposed fuel reduction activities. Preparation of the ERRF form was conducted for project-related environmental compliance under CEQA.
Forest Health Plan and for Sanborn and Upper Stevens Creek County Parks, Santa Clara County Parks, Santa Clara County, California. Served as the lead forester and project manager and drafted a forest health plan covering Sanborn County Park (3,400 acres) and Upper Stevens Creek County Park (1,280 acres). Santa Clara County Parks engaged Dudek to develop a plan to proactively address management of forest threats (e.g., wildfire, Douglas-fir encroachment, pathogens) to maintain high recreational value in both Parks. The Parks are located in the the Santa Cruz Mountains, characterized by steep terrain and dominated by Douglas-fir/tanoak forest, oak woodland, and redwood forest, and include numerous recreational amenities (e.g., campsites, trails, picnic areas).
Preparation of the plan involved extensive field surveys to evaluate forest health conditions, identifying management actions and projects to address observed forest health issues, outlining management recommendations and a plan implementation framework, and developing special-status species avoidance and impact minimization measures.
Vegetation Management Plan, Oakland Fire Department, City of Oakland, California. Prepared a Vegetation Management Plan (VMP) for the City of Oakland Fire Department. The scope of the VMP covers nearly 2,000 acres of City-owned land, along with over 300 miles of roadside treatment areas in the City’s designated Very High Fire Hazard Severity Zone. The VMP outlines vegetation management techniques and standards to reduce the likelihood of extreme fire behavior and promote public and firefighter safety. Prioritization of vegetation treatment areas considers these variables and the size, physical characteristics, and spatial distribution of Cityowned parcels throughout the VMP area. Supporting the project’s environmental review process, which is currently underway.
Wildfire Specialist, Hazard Mitigation Grant Program (HMGP) Feasibility and Effectiveness Reviews, FEMA Region IX and X and FEMA National Technical Reviews (NTR). Mr. Eckardt supported the HMGP review processes for FEMA Regions IX and X by conducting initial reviews of subapplications for wildfire mitigation projects, focusing on evaluating whether proposed projects meet FEMA standards for inclusion in the HMGP, whether the projects were feasible, and whether the projects would effectively mitigate wildfire hazard. Mr. Eckardt supported the NTR process by conducting initial reviews and Quality Assurance (QA) reviews of preliminary subapplications for wildfire mitigation projects. Initial reviews focused on evaluating whether proposed projects meet FEMA eligibility requirements, whether the projects were feasible, and whether the projects would effectively mitigate wildfire hazard. QA reviews focused on determining whether the subapplication package accurately described the proposed project and whether documentation provided supports a determination of project feasibility. Mr. Eckardt also re-analyzed subapplicant’s BCA reviews where necessary and where project documentation supported a re-analysis.
DUDEK
Agenda Item #9.3.
1 Jeremy Cawn, RPF
URBAN FORESTRY SPECIALIST
Jeremy Cawn is an urban forestry and wildfire mitigation specialist with 8 years’ experience as an arborist, utility forester, and hazardous vegetation management program manager. Mr. Cawn’s arboricultural experience includes urban forest inventory and management, hazard tree assessments, pest and disease surveys, tree protection ordinance administration, new development plan review, and tree maintenance contract administration. Mr. Cawn previously worked as an arborist and forester for New York City, the City of Claremont, and the City of Glendale. Prior to his work experience in urban forestry and vegetation management, Mr. Cawn spent 11 years working as a wildland fire fighter and a prescribed fire specialist.
Project Experience
Reservoir A Hazardous Fuel Reduction, El Dorado Irrigation District, El Dorado County, California. Worked with the El Dorado Irrigation District to establish and a hazardous fuels reduction project at the Reservoir A Facility.
Marked project boundaries, coordinated fuel treatment work with brush abatement vendors, and ensured fuel reduction work adhered to the Board of Forestry’s Forest Practice Rules. (2021)
Creek Fuel Assessment Report, Santa Clara Valley Water District, Santa Clara County, California. Assessed creek reaches within the water district for wildfire risk and potential for adjacent structure ignition. Project included the creation of an assessment form for use on the current project and future assessments, field inspection, and a report with the summary of the assessment plus wildfire risk management recommendations (2021-2022).
Fire Safe San Mateo Fuel Reduction Projects, San Mateo County, California.
Evaluated three hazardous fuel reductions projects Devonshire Canyon Hazardous Tree Removal, Cattle Hill Fuel Reduction, and Highway 35 Shaded Fuel Break) proposed by Fire Safe San Mateo County and prepared CAL FIRE environmental exemption reports for each project. Project evaluation included site assessments of the vegetation cover, fuel models and fuel loads in each project area, and the assessment of treatment methods, Environmental reports were created based on field assessments and provided to CAL FIRE for project approval. projects. (2021-2022)
Education
Northern Arizona
University
Professional Certification,
Fire Ecology and
Hazardous Fuels
Management, 2013
Southern Illinois
University
BS, Forestry (Natural
Resource Management),
2001
Certifications
ISA Certified Arborist,
Municipal Specialist
No. NY-5876AM
ISA Tree Risk Assessor
Qualification
Registered Professional
Forester (RPF), No. 3007
NFPA Certified Wildfire
Mitigation Specialist
Professional Affiliations
SoCal Fire Prevention
Officers Association
International Society of
Arboriculture
Agenda Item #9.3.
2 Relevant Previous Experience
Glendale Fire Department, Glendale, California. Served as a Fire Prevention Inspector. Administered the Department’s Vegetation Management Program performing all of the public outreach, private and public property inspections, enforcement, and abatement contract management. Re-worked the entire program, transitioning it from a Company-led program to a Prevention-led program. Implemented a new digital inspection software and notification service. Updated the Fire Department’s operational guide for the Vegetation Management Program.
Provided technical expertise and guidance for the update of the City’s Hazardous Vegetation Ordinance during the 2019–2020 Building and Safety code cycle. (2018–2021)
Glendale Public Works Department, Glendale, California. Served as the Arborist Technician with the primary responsibility of administering the City’s Indigenous Tree Ordinance. Performed inspections for tree work permits, investigated and enforcement ordinance violations, and reviewed new construction plans for properties with protected tree species and recommended mitigation strategies. Fulfilled duties of the City’s Urban Forester while that position was vacant, including the review of capital improvement projects, drafting street tree planting plans for specific neighborhoods, and updating sections of the City’s Urban Forest Management Plan. (2015–2017) Community Services Department, Claremont, California. Served as the City Arborist. As the sole City forestry expert employed by the City, managed most of the day-to-day operations for the City’s urban forest, including responding to service requests from the public, managing the City’s tree service contract by creating work orders, scheduling routine work zones, and establishing best work practices; performed disease and pest surveys; and planned street tree planting programs. Assisted in the creation of the City’s Street Tree Watering program during the 2012–2016 drought. (2015–2017)
Department of Parks and Recreation Brooklyn Borough, New York, New York. Served as a forester. Monitored tree work performed by City tree service contractors, responded to resident service requests, evaluated street tree planting sites for tree plantings as part of the City’s Million Trees Program, and performed hazard tree assessments in the areas of the borough flooded by superstorm Sandy. (2013–2014) Presentations
“The Vegetation Management Program.” Glendale Fire Department, Glendale, California, April 2021. “Wildfire Prevention and Vegetation Management.” The American Institute of Architects, Eagle Rock, California April 2020. “Claremont trees in the drought.” The University Club of Claremont, Claremont, California, June 2017.
DUDEK
Agenda Item #9.3.
1 Adam Giacinto, RPA
ARCHAEOLOGIST
Adam Giacinto is an archaeologist with 17 years' experience preparing cultural resource reports; site records; management plans; environmental documents; and managing archaeological surveys, evaluation, monitoring, and data recovery-level investigations. His research interests include prehistoric hunter–gatherer cultures and contemporary conceptions of heritage. His current research focuses on the social, historical, archaeological, and political mechanisms surrounding heritage values. He has gained practical experience in archaeological and ethnographic field methods while conducting project-related work and research throughout the western United States. Mr. Giacinto has provided or is currently under contract to provide services for the following projects:.
Project Experience
Development
Cultural Resources Study for Drought Mortality Reforestation Planning, El Dorado Irrigation District, Placerville, California. As principal archaeological investigator, Mr. Giacinto coordinated cultural resources inventory of this project area. Work included a CHRIS records search, NAHC Sacred Lands file search, archaeological survey, and preparation of a technical report for CEQA, Section 106, EID, and CAL FIRE compliance. Dorado Canal.
Cultural Resources Study for San Francisco Proscribed Burn Program, San Mateo Conservation District, Sn Francisco Public Utilities Commission Land, Cal Fire, California. As principal archaeological investigator, Mr. Giacinto coordinated cultural resources inventory of this approximate 800 acre project area. Work included a CHRIS records search, NAHC Sacred Lands file search, archaeological survey, recordation of 5 cultural resources, providing CAL FIRE resource management recommendations, and preparation of a technical report for CEQA, Section 106, and CAL FIRE compliance.
Cultural Resources Study for Ben Clark Training Center Fuel Reduction Program, County of Riverside Fire, Riverside, California. As principal archaeological investigator, Mr. Giacinto coordinated cultural resources inventory of this approximate 400 acre project area. Work included a CHRIS records search, NAHC Sacred Lands file search, archaeological survey, and preparation of a technical report for CEQA, Section 106, Riverside County Fire, and CAL FIRE compliance. Location includes traditional Native American landscape considerations and falls within NRHPeligible WW II Era Camp Haan. Management strategies and maps for supporting fuel reduction work while avoiding cultural resources were provided.
Cultural Resources Study for Lake Elsinore Fuel Break, County of Riverside, Riverside, California. As principal archaeological investigator, Mr. Giacinto has been contracted to oversee archaeological surveys and reporting for this project. Work included review of CHRIS records search, NAHC Sacred Lands file search, archaeological survey, Education
San Diego State
University
MA, Anthropology, 2011
Santa Rosa Junior College
AA, Anthropology, 2004
Sonoma State University
BA, Anthropology/
Linguistics, 2006
Professional Affiliations
Register of Professional
Archaeologists
Society for California
Archaeology American
Anthropological
Association Institute of
Archaeomythology
American Anthropological
Association
Agenda Item #9.3.
2 and preparation of a technical report for CEQA (multiple local agencies), Section 106, and CAL FIRE compliance.
Work occurred under Cal VTP.
Cultural Resources Study for Girls Scouts Camp, County of San Diego, California. As principal archaeological investigator, Mr. Giacinto has been contracted to oversee archaeological surveys and reporting for this project. Work will include review of CHRIS records search, NAHC Sacred Lands file search, archaeological survey, and preparation of a technical report for CEQA (County of San Diego), Section 106, and CAL FIRE compliance. Work occurred under Cal VTP.
Pacific Gas& Electric Vegetation Management, Central Valley and Western Central Sierras, California. As CoPrincipal archaeological investigator, Mr. Giacinto collaboratively coordinates a team in completing survey, monitoring, cultural reviews, tribal coordination, and other related documentation required for PG&E vegetation management projects throughout the Central Valley, western Sierra Nevada, and into the Central Coast. To date, 200 task orders for individual projects have been completed.
Cultural Resources Studies for Highway 35 Fuel Reduction Program, San Mateo Conservation District, California.
As supporting archaeologist, prepared scope and budget, prvodided senior QA/QC and guidence. Included records search, survey, tribal notification, and letter report preperation. Compliance with CEQA and CAL FIRE standards.
Cultural Resources Studies for Highway 84 Fuel Reduction Program, San Mateo Conservation District, California.
As supporting archaeologist, prepared scope and budget, prvodided senior QA/QC and guidence. Included records search, survey, tribal notification, and letter report preperation. Compliance with CEQA and CAL FIRE standards.
City of Rohnert Park On-Call Cultural Resources Services, Sonoma County, California. As Principal archaeological investigator, Mr. Giacinto has provided recommendations, attended AB 52 consultation meetings, and overseen work for more than a half-dozen projects throughout the City of Rohnert Park.
City of Saint Helena On-Call, Napa County, California. On contract to provide cultural support. One project of note, the Hunter Subdivision, included Dudek records search, pedestrian survey, extended Phase I testing, ground penetrating radar, tribal outreach, and prepared cultural resources report for residential subdivision project proposed within NRHP eligible archaeological district.
Cloverdale Unified School District On-Call Projects, Sonoma County, California. As Principal archaeological investigator, Mr. Giacinto coordinated NWIC, NAHC, and Native American correspondence, archaeological survey, and preparation of a technical report for 5 Cloverdale unified school district projects. Projects involved CEQA considerations and Section 106 compliance for USACE review.
Napa Roundabouts Project, City of Napa, California. As Principal archaeological investigator completed Native American coordination, preparation of an ASR and HRER, review of historical and geoarchaeological documentation, and successfully developed, implemented, and reported upon an XPI Investigation, including preparation of a XPI Proposal and technical report.
Shaded Fuel Break, County of Fresno, California. Dudek has an on-call with County of Fresno for forestry and environmental services. Under this contract Mr Giacinto oversaw cultural studies for Mout Heather and Little field shaded fuel breaks. As principal archaeological investigator, Mr. Giacinto coordinated cultural resources inventory of this approximate 40 acre project area. Work included a CHRIS records search, NAHC Sacred Lands file search, archaeological survey, and preparation of a technical report for CEQA, Section 106, and CAL FIRE compliance.
Cultural Resources Study Fuel Management Project, San Carlos, California. As principal archaeological investigator, Mr. Giacinto coordinated cultural resources inventory of this approximate 130 acre project area. Work included a CHRIS records search, NAHC Sacred Lands file search, archaeological survey, and preparation of a technical report for CEQA, Section 106, and CAL FIRE compliance. The project was funded by a FEMA grant.
DUDEK
Agenda Item #9.3.
1 Sean O’Brien
PRINCIPAL/SENIOR BIOLOGIST
Sean O’Brien is a biologist with more than 27 years’ experience in the planning, management, and implementation of natural resource-related projects throughout California. Mr. O’Brien specializes in biological resource impact assessment, wetlands and endangered species permitting, mitigation planning, and biological compliance monitoring program development for public and private clients. His primary focus has been on management of projects that involve preparation of biological resource evaluations and regulatory permit applications to secure local, state, and federal approvals on behalf of his clients.
Mr. O’Brien has been involved with numerous large and complex projects throughout Northern California requiring management of multidisciplinary project teams, preparation of complex environmental documents on accelerated schedules, and negotiations with the regulatory agencies. He has successfully negotiated with, and obtained regulatory approvals from, the U.S.
Army Corps of Engineers, U.S. Fish and Wildlife Service, National Marine Fisheries Service, Regional Water Quality Control Board, and California Department of Fish and Wildlife for dozens of projects encompassing the water, transportation, and renewable energy markets. In addition to his permit acquisition experience, Mr. O’Brien has led the development and implementation of numerous biological construction monitoring/permit compliance programs.
Project Experience
Cal Fire State Route 17 Emergency Shaded Fuel Break Project, Santa Clara County, California. Served as project manager for this complex fuel reduction project extending along the State Route 17 corridor from the Town of Los Gatos south to the Santa Clara County/Santa Cruz County boundary. This project is one of the State of California’s 35 high-priority projects intended to reduce public safety hazards associated with catastrophic wildfire and to protect California’s most wildfire-vulnerable communities. Managed a large team of technical staff including biologists, arborists, foresters, archaeologists, and water quality specialists to support implementation of the 6.5-mile-long fuel reduction project. Directed technical staff and collaborated with Cal Fire, Santa Clara County Fire Safe Council, representatives from CDFW and RWQCB, and stakeholders to advance the project forward and ensure project compliance with environmental requirements.
San Francisco Public Utilities Commission Prescribed Burn Project, San Mateo Resource Conservation District, San Francisco Peninsula Watershed, California. Served as biological resources task lead for this element of the RCD’s Forest Health and Fire Resiliency Program which involved prescribed fire on an approximately 1000-acre portion of the San Francisco Public Utilities Commission’s Peninsula Watershed to reduce existing fuel loads and restore a more natural fire regime. Oversaw and directed biological resources staff in the preparation of a wildlife resource assessment to support biological resources documentation under the California Environmental Quality Act (CEQA). Coordinated with CAL FIRE and SFPUC natural resources staff in the analysis to ensure development Education
California Polytechnic
State University,
San Luis Obispo
BS, Ecology and
Systematic Biology, 1993
Professional Affiliations
Association of
Environmental
Professionals
Association of State
Wetland Managers
Society of Wetland
Scientists
Agenda Item #9.3.
2 of feasible mitigation measures for special-status wildlife species, including Mission blue butterfly (Icaricia icarioides missionensis), San Francisco garter snake (Thamnophis sirtalis tetrataenia), California red-legged frog, and San Francisco dusky-footed woodrat (Neotoma fuscipes).
Goat Trail Fuel Break/Escape Route Project, Santa Clara County FiresSafe Council, Santa Clara County, California.
Project manager for an approximately 1.5-mile long wildland fuel reduction project along both sides of Gist Road and Bear Creek Road in the Santa Cruz Mountains. Supervised biological resources staff who conducted preproject biological clearance surveys for nesting birds, various special-status species, and other sensitive biological resources to ensure impact avoidance during implementation of fuel reduction activities. Worked with Firesafe Council staff to ensure appropriate staffing and documentation of work efforts. Performed senior review and QA/QC of project status and project completion documentation.
City of Livermore Stream Maintenance Program Permitting, Alameda County, California. Served as permitting task manager for the City of Livermore’s Stream Maintenance Program. The Stream Maintenance Program provides a programmatic permitting framework for implementation of a variety of stream maintenance and management activities in creeks, basins, and flood control channels to reduce flood risk. Prepared first annual notification package that described proposed maintenance activities, potential impacts on jurisdictional areas and specialstatus species, and associated minimization measures based on Stream Maintenance Program framework.
Collaborated with city staff, agency representatives, and stakeholders to refine list of critical first-year projects and approach to program implementation. Led development of a project-specific mitigation strategy to offset impacts of first-year projects on jurisdictional areas and special-status species.
Alameda County Water District Large-Diameter Hayward Fault Seismic Retrofit Project, Alameda County, California. This project involved the seismic retrofit of existing, large-diameter, potable water transmission pipelines that cross the Hayward Fault in Alameda County Water District’s service area. Managed a team of wildlife biologists, botanists, wetlands specialists, environmental planners, and archaeologists to provide technical studies in support of the project’s CEQA review documentation and regulatory permitting processes. Provided quality assurance/quality control review of the CEQA documentation and all elements of the regulatory permit application packages.
SFO West-of-Bayshore Property Endangered Species Management Plan, San Mateo County, California. Due to long-term flood-control management issues and associated agency-imposed permitting requirements for work on SFO’s West-ofBayshore property (a property that supports populations of federally-protected San Francisco garter snake [SFGS] and California red-legged frog [CRLF]), SFO pursued development of a threatened and endangered species management plan (Recovery Action Plan; RAP) to address these issues. The RAP is intended to result in larger, more stable populations of SFGS and CRLF through a variety of habitat enhancement actions while also allowing for flood control and other operations and maintenance objectives on the property. Mr. O’Brien guided formulation of the preliminary recovery concept, project design details, and cost analyses, as well as preparation of all the regulatory permitting documentation. Collaborated with a multidisciplinary team of engineers, hydrologists, biologists, wetlands scientists, and planners in the design and CEQA environmental review phases. Provided strategic biological assistance and annual monitoring and reporting support to SFO during RAP implementation.
Newell Creek Dam Inlet/Outlet Replacement Project, Santa Cruz County, California. Served as the Biological Resources task lead for CEQA environmental compliance and regulatory permitting tasks in support of this complex, multi-year project. The project involves replacement of the existing inlet/outlet works in a new location at Loch Lomond Reservoir and includes other associated improvements to protect the City of Santa Cruz’s ability to deliver drinking water to its customers and to comply with Department of Safety of Dams requirements. Led the biological resources inventory and assessment tasks and provided key support for state and federal environmental permitting strategies and submittals.
DUDEK
Agenda Item #9.3.
1 Dana Link-Herrera
PROJECT MANAGER
Dana Link-Herrera is a project manager and urban forestry and wildfire planner with 6 years’ experience and a strong foundation in urban and regional planning and the California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA). She has a diverse background working in natural resource management, public universities, tribal communities, community outreach, permitting support, and environmental analysis.
Ms. Link-Herrera provides analytical, technical, and project management support for fuel reduction, vegetation thinning, and forest rehabilitation projects. She is experienced in preparing analyses in accordance with CEQA/NEPA, California Department of Fire and Forestry (CAL FIRE) guidelines, and regional/local guidelines. She has experience conducting site visits and field work, doing regulatory setting research, analyzing pre- and post-project conditions, and providing feasible mitigation measures when necessary. She is skilled at reviewing and synthesizing highly technical information into comprehensive environmental analyses and reports. She works collaboratively with Dudek’s certified arborists, licensed foresters, wildfire protection planners, GIS, and technical staff to plan projects and prepare urban forest management plans, fire protection plans (FPPs), community wildfire protection plans (CWPP), and technical analyses in accordance with CEQA/NEPA, CAL FIRE, and local/regional guidelines.
Project Experience
Montecito Vegetation Management Plan, CalVTP Project Specific Analysis/ Addendum, Montecito Fire Protection District, California. Served as project manager in preparation of a tiered project specific analysis/addendum under the CalVTP PEIR for the proposed Vegetation Management Program (VMP) in the community of Montecito, which would be implemented over a 10-year timeframe. The VMP includes a network of roadside fuels treatment using manual treatment methods as well as vegetation reduction in interspersed open space areas using prescribed herbivory along steep slopes. Worked collaboratively with Dudek biologists, archaeologists, GIS specialists, CEQA analysts and the Montecito Fire Protection District implement Standard Project Requirements, coordinate biological and cultural resources field surveys, consult regulatory agencies, revise fuel treatment prescriptions, prepare project maps, and refine work areas based on sensitive resources and site constraints. Created a mitigation monitoring and reporting program tracker for use in the field to facilitate implementation of standard project requirements and mitigation measures.
Sanborn and Upper Stevens Creek Forest Health Plan, CalVTP Project Specific Analysis/Addendum, Santa Clara County Parks, California. Served as project manager in preparation of a tiered project specific analysis/addendum under the CalVTP PEIR for the proposed Sanborn and Upper Stevens Creek County Parks Forest Health Plan, which provides vegetation management prescriptions to be implemented over a 10-year time frame in two County parks. Worked collaboratively with Dudek technical staff, GIS, and Santa Clara County Parks Education
California State
Polytechnic University,
Pomona
MURP, Urban and
Regional Planning, 2019
University of California,
San Diego
BA, International Studies
(Environmental Studies
minor), 2011
Professional Affiliations
American Planning
Association (APA)
Association of
Environmental
Professionals (AEP)
Agenda Item #9.3.
2 staff to implement Standard Project Requirements and coordinate field surveys in both parks simultaneously.
Consulted regulatory agencies and refined work areas and treatment prescriptions based on sensitive resources and site constraints. Created an implementation tool for use by field staff to implement Standard Project Requirements and mitigation measures prior to, during, and after treatment activities.
La Purisima Fuel Reduction Project, California Vegetation Treatment Program (CalVTP) Program EIR Project Specific Analysis/Addendum, Santa Barbara County Fire Department, California. Provided project management support and served as lead environmental analyst in preparation of a tiered project specific analysis/addendum under the CalVTP PEIR for the proposed fuel reduction project along La Purisima Ridge in northern Santa Barbara County between the City of Lompoc and Los Alamos Valley. Worked collaboratively with Dudek technical staff, GIS, and the Santa Barbara County Fire Department to conduct site visits, coordinate biological and cultural resources field surveys, contact regulatory agencies, prepare fuel treatment prescriptions, prepare project maps, and refine work areas based on sensitive resources and site constraints. Created a mitigation monitoring and reporting program tracker for use in the field to facilitate implementation of standard project requirements and mitigation measures.
Santa Barbara Community Wildfire Protection Plan (CWPP) and EIR, City of Santa Barbara, California. Assisted with preparation of the Santa Barbara CWPP and the accompanying program-level EIR. Worked collaboratively with the project team to prepare and update the citywide CWPP and conduct an in-depth program-level environmental analysis in accordance with CEQA and local and regional policies while meeting the CAL FIRE grant funding guidelines and schedule.
Hitch Ranch Project EIR, City of Moorpark, California. Worked collaboratively with Dudek fire protection planners to prepare a FPP and accompanying EIR wildfire section for the project, which includes single-family residential development and outdoor recreational space located in a very high fire hazard zone/wildland-urban interface area.
Served as lead author for the CEQA wildfire analysis, which incorporated technical information and fire behavior modeling conducted for the FPP. The analysis included a review of the existing fire environment, fire behavior modeling for pre- and post-project conditions, proposed fuel modification zones, and mitigation measures.
Entrada South and Valencia Commerce Center Project Supplemental EIR, Unincorporated Los Angeles County, California. Dudek provided fire protection planning services for the project, including preparation of an FPP, a Construction Fire Protection Plan, and a wildfire analysis in accordance with CEQA for inclusion in the EIR. The project includes single-family residential and commercial development located in very high and high fire hazard zones as part of the development facilitated by the state-approved Newhall Ranch Resource Management and Development Plan and Spineflower Conservation Plan within the Entrada and Valencia Commerce Center Planning Areas in the County of Los Angeles. Collaborated with Dudek’s urban forestry specialists and fire planners to conduct the CEQA wildfire analysis and incorporate the Dudek-prepared technical analysis. The analysis included fire behavior modeling for pre- and post-project conditions and proposed fuel modification zones and mitigation for the project.
Mesa Wind Repower Project, EIR, CDFW, Riverside County, California. Provided technical support and served as lead author for the aesthetics, geology and soils, hazards and hazardous materials, hydrology and water quality, mineral resources, population and housing, public services, utilities, and wildfire analyses in accordance with CEQA for the Mesa Wind Repower Project, which involves decommissioning and removal of over 400 existing wind turbine generators (WTGs) and constructing, operating and maintaining up to 9 new WTGs that would be up to 499 feet tall, and installation of overhead and underground collector lines and substation upgrades. The project is located on 401 acres of BLM-administered lands. Key issues include consistency with the Desert Renewable Energy Conservation Plan, and BLM plans, policies and regulations.
DUDEK
Agenda Item #9.3.
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DUDEK.COM
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Agenda Item #9.3.
Report to the City Council
Regular City Council - 13 Sep 2022
Agenda Section: CONSENT ITEMS
Subject: Second reading of an Ordinance adding Section 3.04.055 Standards of Conduct Pertaining to Procurement to St. Helena Municipal Code Chapter 3.04 Purchase of Supplies,
Equipment and Services and Procedures for Public Works
Projects.
CEQA
Determination:
Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager
BACKGROUND
The California Governor’s Office of Emergency Services (Cal OES) notified the City they would be conducting a desk compliance assessment on the City's public assistance grant program related to the September 2020 wildfires.
All grants administered by Cal OES are subject to the many requirements found in federal and state laws, federal regulations (e.g., Code of Federal Regulations), federal requirements (e.g., Office of Management and Budget Circulars) and state policy guidance. Subrecipients (like the City of St. Helena) of these grant funds are also subject to periodic reviews in the forms of audits and monitoring to assure compliance with all applicable requirements. These reviews may result in the identification of noncompliance (findings).
Findings are discoveries that, within the context of any review process, represent operational deficiencies or errors, material program weaknesses, or unacceptable program liabilities that would probably result in questioned Grant Subaward costs or collectively characterize a significant risk to program integrity.
Agenda Item #9.4.
The first reading was conducted and approved at the August 23, 2022, regular City Council meeting.
DISCUSSION
On April 14, 2022, Cal OES concluded a desk compliance assessment on the Public Assistance Grant Program, FEMA-4569-DR-CA, September 2020 Wildfires. Cal OES's assessment included reviewing documentation submitted to support expenditures and performing certain procedures as necessary to determine compliance with the Code of Federal Regulations (CFR) and program guidelines.
The findings identified the City did not have written standards of conduct pertaining to procurement included in the City's Municipal Code. As a result, the City must develop and implement written standards of conduct in accordance with the requirements contained in Title 2 CFR,220.318(c)(1), to ensure procurements and contracts are free from apparent or real conflicts of interest. Although, the City does have written standards of conduct in the employee handbook and each of the City's contracts, the language should be included in the City's Municipal Code.
The proposed ordinance adds Section 3.04.055 Standards of Conduct Pertaining to Procurement to the City's Municipal Code Chapter 3.04 Purchase of Supplies, Equipment and Services and Procedures for Public Works Projects as follows:
Section 3.04.055 Standards of Conduct Pertaining to Procurement.
No employee, officer, or agent may participate in the selection, award, or administration of a contract if they have a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of their immediate family, their partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. All City employees and persons in City service are required to adhere to applicable local, state, and federal conflict of interest requirements and prohibitions, including but not limited to the provisions of Article 4 of Title 1, Division 4, Chapter 1 of the Government Code, and Title 2 CFR,220.318(c)(1) General procurement standards.
FISCAL IMPACT
There is no fiscal impact to the second reading of the recommended changes to St.
Helena Municipal Code Section 3.04.
RECOMMENDED ACTION
Conduct the second reading and adopt the Ordinance adding Section 3.04.055 Standards of Conduct Pertaining to Procurement to St. Helena Municipal Code Chapter 3.04, by title only and waive further reading.
Agenda Item #9.4.
ATTACHMENTS
Attachment 1_ Ordinance with Exhibit A - Redline
Attachment 1_ Ordinance with Exhibit A - Clean
Agenda Item #9.4.
CITY OF ST. HELENA
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ST. HELENA, CALIFORNIA, ADDING SECTION
3.04.055 STANDARDS OF CONDUCT PERTAINING TO
PROCUREMENT TO ST. HELENA MUNICIPAL CODE
CHAPTER 3.04 PURCHASE OF SUPPLIES, EQUIPMENT
AND SERVICES AND PROCEDURES FOR PUBLIC
WORKS PROJECTS
The City Council of the City of St. Helena does herby ordain as follows:
SECTION 1. Amendment of Chapter 3.04, Title 3 of the St. Helena Municipal Code.
Chapter 3.04, Title 3 of the St. Helena Municipal Code is hereby amended to read in its entirety as shown on Exhibit A, attached hereto and incorporated herein by reference.
SECTION 2. Compliance with CEQA.
The City Council hereby finds that the action to adopt this ordinance to amend Chapter
3.04, title 3 of the St. Helena Municipal Code is not a Project subject to the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA). Further, even if the adoption of the ordinance is found to be a Project subject to CEQA, it is nevertheless exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment.
SECTION 3. Severability.
The City Council hereby declares every section, paragraph, sentence, clause and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
SECTION 4. Inclusion in the St. Helena Municipal Code.
It is the intention of the St. Helena City Council that the text in Exhibit A of this ordinance be made a part of the St. Helena Municipal Code and that the text may be renumbered or re-lettered and the word “Ordinance” may be changed to “Section,” “Chapter,” or such as appropriate word or phrase to accomplish this intention.
Agenda Item #9.4.
SECTION 5. Effective Date.
This ordinance shall take effect and be in force 30 days after its adoption, and a summary of this ordinance shall be published once with the names of the members of the Council voting for and against the ordinance in the St. Helena Star, a newspaper of general circulation published in the City of St. Helena.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the 23rd day of August 2022, and was adopted at a regular meeting of the St. Helena City Council on the ____th day of _____, 2022, by the following vote:
Mayor Ellsworth:
Vice Mayor Dohring:
Councilmember Chouteau:
Councilmember Hall:
Councilmember Hardy:
APPROVED: ATTEST:
______________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
I, CINDY TZAFOPOULOS, CITY CLERK of the City of St. Helena, California, do hereby certify that the foregoing Ordinance was regularly introduced and passed upon its first reading at a regular meeting of the City Council on the 23rd day of August, 2022. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the ____th day of ______, 2022, by the following vote:
Mayor Ellsworth:
Vice Mayor Dohring:
Councilmember Chouteau:
Councilmember Hall:
Councilmember Hardy:
EXHIBIT A
Agenda Item #9.4.
Chapter 3.04
PURCHASE OF SUPPLIES, EQUIPMENT AND SERVICES, AND PROCEDURES FOR
PUBLIC WORKS PROJECTS
Article 1
Generally
Sections:
3.04.010 Purpose—Objectives—Scope—Responsibilities.
3.04.020 Definitions.
3.04.030 Staging prohibited.
3.04.040 Appeals.
Article 2
Supplies, General Services and Equipment
Sections:
3.04.050 Purchasing officer—Powers and duties.
3.04.060 Requisitions.
3.04.070 Purchase orders.
3.04.080 Contracts.
3.04.090 Encumbrance of funds.
3.04.100 Bidding procedures for various purchase amounts.
3.04.110 Departmental purchases.
3.04.120 Informal bid procedure.
3.04.130 Formal bid procedure.
3.04.140 Special equipment/supplies, sole source purchases, and bid exceptions.
3.04.150 Cooperative purchasing with other agencies.
3.04.160 Recycled supply products specification.
3.04.170 Emergencies.
3.04.175 Declared emergencies.
3.04.180 Surplus supplies and equipment.
3.04.190 Inspection and tests.
Article 3
Public Works Projects
Sections:
Agenda Item #9.4.
3.04.200 Uniform construction cost accounting procedures.
3.04.210 Bidding procedures for various project amounts.
3.04.220 Negotiate contract or purchase order procedures.
3.04.230 Informal bidding procedures.
3.04.240 Formal bidding procedures.
3.04.250 Bonds.
3.04.260 No bids received.
3.04.270 Tie bids.
3.04.280 Rejection of bids.
3.04.290 Emergencies.
3.04.300 Prevailing wages required.
3.04.310 Pre-qualification of bidders.
Article 4
Professional Services
Sections:
3.04.320 Award of professional service contracts based upon competence.
3.04.330 Request for proposal/qualification.
3.04.340 Contracting authority.
Article 1
Generally
3.04.010 Purpose—Objectives—Scope—Responsibilities.
The purpose of this chapter is to establish an efficient procedure for the purchase of supplies, equipment, and services, and to establish a procedure for performing or contracting for the construction of public works consistent with state law. These procedures are intended to allow the city to obtain the best professional services, to acquire quality supplies, general services and equipment, to construct public works at the lowest possible cost commensurate with quality needed, and to exercise positive financial control over purchases and also to define authority for the purchasing function. These procedures apply to all city employees. These procedures apply to all purchases of supplies, equipment and services, including purchases made online or over the phone. Employees are responsible for reading and understanding the requirements of this chapter. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.90.010)
3.04.020 Definitions.
Agenda Item #9.4.
As used in this chapter:
“Bidder’s list” means a list of responsible prospective vendors capable of providing the items being bid upon.
“Contract” means an agreement, regardless of how titled, for the procurement of supplies, equipment or services, including without limitation a verbal or written agreement between the city and a contractor, the city and a service provider, and/or the city and a vendor. “Emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.
“Equipment” means furnishings, machinery, vehicles, rolling stock, and other personal property used in the city’s business.
“General services” are services such as janitorial, uniform cleaning, maintenance work and other services which do not require any unique skill, special background, or training. Obtaining such services at the lowest cost is the single most important factor in selection, as opposed to personal performance. “Maintenance work” means:
1. Routine, recurring, and usual work for the cleaning, preservation or protection of any publicly owned or publicly operated facility for its intended purposes;
2. Minor repainting;
3. Resurfacing of streets and highways at less than one inch;
4. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems;
5. Work performed to keep, operate, and maintain publicly owned water or waste disposal systems including, but not limited to, dams and reservoirs. “Professional or special services” means any work performed by an attorney, doctor, architect, engineer, land surveyor, construction manager, appraiser, expert, accounting firm, planner, consultant or those services such as computer services, and other services which require special performance criteria, specific experience, training, personal judgement, quality of work or factors other than simply obtaining the service at the lowest cost to the city.
Agenda Item #9.4.
“Public work” means a type of public construction project subject to the regulation of the State Public Contract Code, such as:
1. The erection, construction of, alteration, major painting, repair, or demolition of public buildings, streets, walkways, water and sewer facilities, drainage facilities, or other public facilities, whether owned, leased, or operated by the city;
2. Furnishing supplies for any of the above works or projects;
3. Public work does not include “maintenance work” as defined in this chapter. “Purchase” includes the renting, leasing, purchasing, licensing, or a trade of equipment or supplies. “Purchase order” is a written contract for equipment, supplies, or services with a specified consultant, contractor, or vendor and is initiated by a purchase order requisition. A purchase order submitted by an authorized person becomes a legally binding contract. It can stand alone or include attachments for clarification purposes. A purchase order encumbers the specified amounts to provide specified equipment, supplies, services, and/or fixed assets. Regular purchasers may be paid through a one-time payment of an amount up to the purchase order amount at the conclusion of performance (delivery of supplies, services, etc.), and/or incremental (progress) payments as provided in the contract for each time items are purchased.
“Purchasing officer” means the finance director or theirhis or her designated representative. “Requisition” is a request to authorize the acquisition of equipment, supplies or services from a specified consultant, contractor, or vendor.
“Services” means the furnishing of labor, time or effort to perform or complete a designated task. “Special equipment/supplies” means unique supplies, machinery, computers, or other equipment which are not generally and regularly ordered in bulk by the city and which must perform complex tasks, or integrate efficiently with existing equipment or supplies. “Supplies” means office supplies, janitorial supplies, materials, goods, tools, or other commodities used in the general conduct of the city’s business, excepting supplies for a public work which is regulated under Section 3.04.210.
Agenda Item #9.4.
“Uniform construction cost accounting procedures” means those procedures and rules established by the State Uniform Construction Cost Accounting Commission pursuant to the Public Contract Code Section 22030 et seq. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.90.020)
3.04.030 Staging prohibited.
Purchases and public works contracts shall not be knowingly staged or separated into smaller units or segments solely for the purpose of evading the competitive formal or informal bidding requirements of this chapter. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.90.030)
3.04.040 Appeals.
Any dispute, contention, or disagreement relative to interpretation, application or enforcement of this chapter shall be submitted to the city council for determination in accordance with the appeal provisions of Chapter 1.16. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.90.040) Article 2
Supplies, General Services and Equipment
3.04.050 Purchasing officer—Powers and duties.
The duties of the purchasing officer may be combined with those duties of any other officer or position in the city. The purchasing officer shall have the authority to:
A. Purchase needed city supplies, general services, equipment and special equipment/supplies which are not included within the construction contract or proposed specifications for a construction contract of a public work being administered by any other city department; B. Investigate, keep knowledgeable about, negotiate, and recommend on the execution of contracts or the purchasing of supplies, general services, and equipment pursuant to the procedures of this chapter and such administrative rules and regulations as prescribed by the city; C. To keep informed of current developments concerning purchasing, prices, market conditions, and new products;
D. To prescribe and maintain such forms as necessary for the proper operation of this purchasing system;
E. To supervise the inspection of all supplies, general services, and equipment purchased under this chapter in order to assure conformance with city specifications; F. To supervise the transfer of surplus and unused supplies and equipment or sale or disposal of such; Agenda Item #9.4.
G. To maintain up-to-date bidder’s list, vendors’ catalogs, files and such other records as needed to perform these duties;
H. To ensure that purchasing specifications are open and nonrestrictive to encourage full competition; and
I. To perform such other tasks as may be necessary for the proper conduct of purchasing of supplies, general services, and equipment. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.010)
3.04.055 Standards of Conduct Pertaining to Procurement.
No employee, officer, or agent may participate in the selection, award, or administration of a contract if he or shethey haves a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of theirhis or her immediate family, theirhis or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. All City employees of the City and persons in City service are required to adhere to applicable local, state, and federal conflict of interest requirements and prohibitions, including but not limited to the provisions of Article 4 of Title 1, Division 4, Chapter 1 of the Government Code, and Title 2 CFR,220.318(c)(1) General procurement standards.
Reporting of Improper Activities
The City has a responsibility to conduct its affairs ethically and in compliance with the law. City employees and persons in City service are expected and encouraged to promptly raise questions and concerns regarding possible violations of City policy or local, State, or Federal law.
Enforcement
In addition to any other penalty as provided by law, any employee found to be in violation of the Code of Ethics shall be subjected to appropriate disciplinary action up to an including, employment termination.
3.04.060 Requisitions.
Except as authorized under Section 3.04.100(A), any department requesting supplies, general services, equipment, or special equipment/supplies shall submit to the immediate supervisor a requisition on the purchasing officer’s approved form prior to initiating any procurement. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.020)
3.04.070 Purchase orders.
Except for departmental purchases as authorized in Section 3.04.100(A), purchases of supplies, general services, most special equipment/supplies and general equipment not covered within a construction Agenda Item #9.4.
contract or public works specification, may be made only by purchase orders issued by the purchasing officer and any other contractual document theyhe or she determines is necessary. (Ord. 15-8 § 1 (Exh.
A) (part): Ord. 01-14 (part): prior code § 2.91.030)
3.04.080 Contracts.
The purchasing officer does not have the authority to sign contracts, nor to bind the city contractually.
Contracts may only be entered into by the city manager. Subject to Section 3.04.340 contracts may only be entered into by the city manager; contracts in excess of city manager authority require city council approval, without which such contract is not valid. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.040)
3.04.090 Encumbrance of funds.
Except in case of an emergency or where specific authority is first obtained from the city council or the city manager, the purchasing officer shall not issue any purchase order for purchasing of supplies, general services or equipment unless there exists an unencumbered appropriation in the fund account against which the purchase is to be charged. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.050)
3.04.100 Bidding procedures for various purchase amounts.
Except as authorized in Sections 3.04.140 and 3.04.150, or in the case of emergencies as described in Sections 3.04.170 and 3.04.175, the purchase of supplies, general services, equipment and special equipment/supplies, not included in a construction contract or bid specification for a public work, shall be made as follows:
A. A purchase of five thousand dollars ($5,000.00) or less may be made by departmental purchase in accordance with Section 3.04.110.
B. A purchase greater than five thousand dollars ($5,000.00) to twenty-five thousand dollars ($25,000) may be made by an informal bid procedure in accordance with Section 3.04.120.
C. A purchase of more than twenty-five thousand dollars ($25,000.00) shall be made by formal bid procedure in accordance with Section 3.04.130. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.060)
3.04.110 Departmental purchases.
A department may, independently of the purchase officer, purchase specified and limited supplies, equipment, special equipment/supplies and general services not included in a construction contract or bid specification for a public work, as follows:
Agenda Item #9.4.
A. Purchases of five thousand dollars ($5,000.00) or less: requestor receives a verbal/written approval from supervisor, department keeps a record of such purchases and exercises reasonable prudence in seeking price quotes and purchasing such items. All purchases shall be made with funds in an unencumbered appropriation. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.070)
3.04.120 Informal bid procedure.
The purchase of supplies, equipment, special equipment/supplies and general services not included in a construction contract or bid specification for a public work with the estimated value greater than five thousand dollars ($5,000.00), but not exceeding twenty-five thousand dollars ($25,000.00), shall be made by a purchase order as required by this chapter. Said purchases, subject to the department head’s discretion, based upon a small amount, or urgent need and timeliness, may be let without the formal bidding procedures described in Section 3.04.130. In such case, the following procedures shall be followed:
A. Solicitation of Bids. If it is determined that the request is of a sufficient size and time allows, the purchasing officer or designee, before issuing the purchase order to a specific contractor/vendor, shall:
for purchases greater than five thousand dollars ($5,000.00) to twenty-five thousand dollars ($25,000.00), obtain at least three written bids or price quotes. The purchasing officer or designee may negotiate to obtain the lowest possible contract amount from any vendor contacted who can provide supplies, general service, or equipment within the time constraints of the department’s request. The purchasing officer or designee may solicit or determine bids of prospective vendors by written request, telephone, or may base award recommendations upon current catalogs or advertisements.
B. Local Preference. Quality and service being equal, a local preference of one percent shall be given to local bidders located within the city, the difference being the sales tax the city would receive on the sale in the case of vendors.
C. Maintenance of Records. After placing the order, a written record of the contract, bids, quotes or advertisements used or received shall be open public records and maintained by the purchasing officer or the department for a period of two years.
D. Award. The purchasing officer or designee shall award the contract to the lowest responsive and responsible bidder, vendor or offeror whose quote, bid, or proposal fulfills the purpose intended, provided the amount is within the unencumbered appropriation for that item, or reject such bids or proposals, or negotiate further for terms more favorable to the city. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part):
prior code § 2.91.080)
3.04.130 Formal bid procedure.
Agenda Item #9.4.
For supplies, equipment, special equipment/supplies and general services not included in a construction contract or bid specification for a public work with an estimated value in excess of twenty-five thousand dollars ($25,000.00), purchases shall be made in accordance with the following formal written bid procedures:
A. Published Notices. A notice inviting bids shall be published at least ten (10) calendar days before the date of the opening of bids. The notice shall be published at least once in a newspaper of general circulation printed and published in the city, and also in appropriate trade publications, if any, circulated within the general area. Such other notice as the purchasing officer or designee deems appropriate shall be made.
B. Notices Inviting Bids. Notices inviting bids shall include a general description of the goods, articles, services or equipment to be purchased, any required bidder’s security or performance bonds, state where bid blanks and specifications may be secured and the time and place for the opening of bids.
C. Bidder’s List. The purchasing officer or designee shall maintain a list of responsible bidders for various categories of supplies, equipment, and general services. A solicitation for a bid shall be sent to all responsible prospective contractors or suppliers whose names are on the bidder’s list for the category of equipment, supplies or general services subject to the bid request.
D. Bidder’s Security/Failure to Sign Contract. If the city requires a bidder’s bond or other form of security, the bidder’s security shall be prescribed in the notice inviting bids in an amount equal to ten percent (10%) of the bid amount. Bidder’s security shall be either a cash deposit with the city, a cashier’s or certified check payable to the city, or a bidder’s bond. Unsuccessful bidders shall be entitled to the return of bid security within sixty (60) days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all or part of its bid security, as may be determined by the city council, upon the bidder’s refusal or failure to execute the contract within ten (10) days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, the council may award the contract to the next lowest responsive, responsible bidder.
E. Bid Opening Procedure. Sealed bids shall be submitted to the city clerk’s office and shall be identified as to bidder, project, and “Bid” on the envelope. Bids shall be opened by city staff in public at the time and place stated and as described in the notice inviting bids. A written record and tabulation shall be made at that time of all bids received, and shall be open for public inspection during regular business hours for a period of two years after the bid opening.
Agenda Item #9.4.
F. Local Preference. Quality and service being equal, a local preference of one percent shall be given to local bidders located within the city, the difference being the sales tax the city would receive on the sale in the case of vendors.
G. Bid Evaluation Procedures. All bids and bidders shall be analyzed by purchasing officer or designee and the responsible department for bidder’s qualifications and compliance with bid specifications. The purchasing officer or designee shall prepare a recommendation to the department for award or rejection; the department shall then prepare a recommendation for award or rejection to the city council.
H. Rejection of Bids. In its discretion, the city council may reject all bids and readvertise. If no bids are received, the city council may proceed with the procurement without further complying with this chapter using whatever method it deems appropriate, such as rebid, abandon acquisition, or negotiate a contract.
I. Award of Contracts. Contracts shall be awarded by the city council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended according to criteria designated in the solicitation, provided the award amount is within the unencumbered appropriation for that item. The city council may waive any minor bid irregularities.
J. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the council may accept either bid or accept the lowest bid made by negotiation with the tied bidders.
K. Performance Bonds. The city may require a performance bond in such amount as it shall find reasonably necessary to protect the public interest. If the city requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01- 14 (part): prior code § 2.91.090)
3.04.140 Special equipment/supplies, sole source purchases, and bid exceptions.
A. Special Equipment/Supplies. In purchasing any special equipment or supplies needed to be compatible with existing equipment, or to perform complex or unique functions, the purchasing officer or department head may:
1. Limit bidding to a specific product type, or a brand name product; or
2. Utilize a request for proposal approach where warranties, servicing obligations, and product performance will be evaluated in addition to the price of the product, and the award of the contract is made by the council to the proposer it deems is in the best public interest.
Agenda Item #9.4.
B. Sole Source Purchases. Commodities or services that can be obtained from only one vendor, or one distributor authorized to sell in this area, are exempt from the competitive bidding requirements in Section 3.04.100 and are deemed sole source purchases. Sole source purchases may include proprietary items sold direct from the manufacturer. All sole source purchases shall be supported by written documentation indicating the facts and nature supporting the determination of a sole source, signed by the appropriate department head and forwarded to the purchasing officer. Approval of any sole source acquisition shall be obtained from the city council for an award of a contract or purchase order greater than twenty-five thousand dollars ($25,000.00).
C. Bid Exceptions. The competitive bid process is not applicable to certain purchases. The following are exempt from bid processes of this chapter:
1. Departmental purchases, as defined in Section 3.04.110;
2. Subscriptions;
3. Trade circulars or books;
4. Newspaper advertisements and notices;
5. Utility payments;
6. Land. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.100)
3.04.150 Cooperative purchasing with other agencies.
The bidding requirements of Section 3.04.100 shall not apply to the purchasing of any equipment or supplies which the purchasing officer decides to obtain through a cooperative competitive bidding procedure prepared by and processed through another public, local, state, or federal governmental agency. If it is determined to be in the best interest of the city, the purchasing officer is authorized to “piggy-back” onto or join into an existing written purchase contract, which contract was obtained within the last twelve (12) months through a competitive bidding process prepared by and awarded by another public, local, state or federal government agency. However, the city council’s approval shall be required prior to and for the joining of a “piggy-back” purchase or cooperative purchase for a purchase greater than twenty-five thousand dollars ($25,000.00). (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.110)
3.04.160 Recycled supply products specification.
If in procuring supplies a recycled product can achieve the necessary city performance standard, and if such recycled product is readily available, specifications should, if economically feasible, require products Agenda Item #9.4.
made with recycled materials be bid. If the department head determines that: (A) a recycled product lacks performance capabilities or needed quality levels; or (B) a sufficient amount of such recycled or reusable product is not currently available in the market, then a reduced percentage can be required, or the supply specification can be limited to nonrecycled or virgin materials. When recycled products are required, reasonable efforts shall be made to label the products as containing recycled materials. As used in this section, recycled products does not mean used products, but is limited to new products made with materials which have been recycled. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.120)
3.04.170 Emergencies.
Bidding procedures may be dispensed with in the case of an emergency. The city council delegates to the city manager the authority to declare a public emergency and enter into contracts for any purchase in accordance with Section 3.04.175. The city manager’s authority is subject to confirmation by the city council at its next meeting for any purchase in excess of twenty-five thousand dollars ($25,000.00). (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.130)
3.04.175 Declared emergencies.
A. Purpose. This section modifies the city’s normal purchasing practices only during a proclaimed emergency. With this revised policy, the city is able to acquire goods and services required to address an immediate threat to life, public health or safety, or an immediate threat of significant damage to improved public and private property while maintaining an effective purchasing policy.
B. Definitions. For the purposes of this section, the following definitions are applicable:
A proclaimed disaster or emergency exists if (1) the Governor has declared a state of emergency for an area which includes the geographic territory of the city, or (2) the city manager or theirhis or her designee has declared an emergency in the city.
“Exigent circumstances” are situations in which (1) a disaster or emergency has been proclaimed, and (2) the public exigency for goods and services required to address an immediate threat to life, public health or safety, or improved public and private property will not permit competitive solicitation.
C. Delegation of Purchasing Authority in Exigent Circumstances. If the city manager or theirhis or her designee determines that goods and services must be procured before the city council is to assemble and approve purchases, the city manager or theirhis or her designee has the authority, subject to the limitations set forth below to approve the immediate rental and/or purchase of any equipment, supplies, Agenda Item #9.4.
services, or other items necessary to respond to an immediate threat to life, public health or safety, or improved public and private property.
1. Limits of Single Purchase Authority. The city manager or theirhis or her designee shall have the authority to make individual purchases up to one hundred thousand dollars ($100,000.00) on theirhis or her signature alone. The city manager or theirhis or her designee shall have the authority to make purchases in excess of one hundred thousand dollars ($100,000.00) up to a maximum of five hundred thousand dollars ($500,000.00) when countersigned by the mayor or, in the mayor’s absence, countersigned by another council member.
2. Limits of Aggregate Purchase Authority. The city manager or theirhis or her designee shall have the authority to make aggregate purchases up to one million five hundred thousand dollars ($1,500,000.00) on theirhis or her signature alone per disaster declaration. The city manager or theirhis or her designee shall have the authority to make aggregate purchases in excess of one million five hundred thousand dollars ($1,500,000.00) and up to a maximum of two million five hundred thousand dollars ($2,500,000.00) per disaster declaration when countersigned by the mayor or, in the mayor’s absence, countersigned by another council member. a. Sub-delegation to the Emergency Operations Center (EOC) Director. The EOC director shall be a designee of the city manager at any time that the city manager is not available to approve purchases as allowed in this section.
b. Sub-delegation of Purchasing Authority to Department Heads. If neither the city manager or theirhis or her designee nor the EOC director is available, then any city department head has the authority to rent or purchase from the nearest source, any equipment supplies, services, or other items necessary for any department to respond to an immediate threat to health, safety, or improved property, up to a maximum of fifty thousand dollars ($50,000.00). c. Sub-delegation of Purchasing Authority to Mid-Managers. If neither the city manager or theirhis or her designee, EOC director, or any department head is not available, then any employee classified as a mid-manager has the authority to rent or purchase from the nearest source, any equipment, supplies, services, or other items necessary for any department to respond to an immediate threat to health, safety, or improved property, up to a maximum of twenty-five thousand dollars ($25,000.00).
D. Administrative Procedures and Reporting Requirements.
Agenda Item #9.4.
1. As soon as possible after purchases are made under subsection C of this section, the city manager or theirhis or her designee, EOC director, department head or midmanager shall submit to the finance director or designee a purchase order requisition and a notation that the commodity has been ordered on an emergency basis from the vendor designated.
2. The finance director will inform the city manager or theirhis or her designee and the city council of any individual purchase under this section with a contract amount greater than twenty-five thousand dollars ($25,000.00), and also whenever the aggregate of purchases under this section is greater than two hundred fifty thousand dollars ($250,000.00).
3. The finance director will obtain the city manager’s or theirhis or her designee’s (or EOC director as the city manager’s designee) approval prior to any purchase by a department head if the amount is twenty-five thousand dollars ($25,000.00) or more.
4. If the city manager or theirhis or her designee and the EOC director are unavailable, and the delay in getting theirhis or her signature would imperil life, public health or safety, or improved public or private property, then any department head (except the requestor) may approve the emergency purchase of fifty thousand dollars ($50,000.00) or more.
5. The finance director or designee shall have the authority to approve all disaster related purchases under fifty thousand dollars ($50,000.00).
6. The finance director or designee will expedite the verification of funds available and complete the preparation of the purchase order.
E. Procurement Procedures in Exigent Circumstances. Upon receipt of the requisitions under subsection D of this section, the finance director or designee shall prepare purchase orders for emergency equipment, supplies, services or other items in accordance with the requirements of this section.
1. Exempt Purchases. Purchases of two hundred fifty thousand dollars ($250,000.00) or less shall not be required to be formally bid. Purchases greater than two hundred fifty thousand dollars ($250,000.00) may be made following the procedures specified in this section. The signature(s) of the city manager or theirhis or her designee, finance director, or department head are still required as provided in subsections C and D of this section.
Agenda Item #9.4.
2. Justification of “Sole Source” or “No Bid” Contracts. Where exigent circumstances require immediate procurement from the nearest available source, the finance director or designee shall justify the emergency sole source purchase or no bid purchase on the purchase order. a. Procurement should be limited to that portion of the work that must be performed immediately, and subsequent procurement by competitive proposal for the remainder of the work under the city’s normal purchasing policy (this chapter). b. “Sole source” or “no bid” acquisitions shall be necessary for one of the following reasons:
placement of emergency protective measures; procurement of scarce commodities, goods, or services; or acquisition or rental of emergency equipment, emergency consulting services, emergency road clearance, or other emergency requirements.
3. Provision for Alternate Bid Solicitation Procedures. The city’s normal requirements for quotes, sealed bids, or local preference shall not apply to this section (Declared emergencies). However, the finance director or designee shall conduct telephonic or other electronic bid solicitation from potential vendors or suppliers, in lieu of written and/or sealed bids, in an effort to obtain multiple competitive proposals when and if time allows in light of the exigent circumstances.
4. Posting Locations for Requests for Proposals or Solicitations of Bids. The finance director or designee may waive normal requirements for public posting of requests for proposals or solicitation of bids for the procurement of emergency equipment, goods or services. Notices soliciting bids or requests for proposals shall be posted, at minimum, at the emergency operations center or the alternate emergency operations center, if the primary emergency operations center is not being used.
5. Length of Time for Posting Requests for Proposals or Solicitation of Bids. The finance director or designee shall determine the posting period. The finance director or designee will make reasonable efforts to ensure that multiple suppliers are able to place a bid during the shortened time period.
F. Notification and Ratification.
1. Posting of Contract Awards. All contracts awarded that exceed twenty-five thousand dollars ($25,000.00) shall be presented to the city council for ratification and thereafter shall be publicly posted within sixty (60) days of the award.
Agenda Item #9.4.
2. Authority to Cancel Emergency Procurements. The city manager has the absolute authority to rescind a contract for nonperformance within twenty-four (24) hours when a contractor or vendor, once awarded a contract, is unable to perform under the terms of the contract and the resulting delay or nonperformance presents an immediate threat to life, public health or safety, or improved public or private property.
3. Notification Requirement for Emergency Services. For any purchase in excess of twenty-five thousand dollars ($25,000.00), the city manager shall report all such purchases to the city council within thirty (30) days of the onset of the disaster.
4. Requirement for Separate Invoicing. All purchases or rentals made during the proclaimed emergency or disaster conditions shall require separate invoicing from routine (nondisaster) purchases. All invoices must state the goods, services, or equipment provided and must specify the location where the goods or services were delivered.
5. Limitations of Declared Emergencies Purchasing Policy. Any purchases that do not meet the standard of being necessary for responding to an immediate threat to life, public health or safety, or improved public or private property as outlined in this section shall follow the city’s regular purchasing provisions. (Ord. 16-5 § 1 (Exh. A))
3.04.180 Surplus supplies and equipment.
All departments shall submit to the purchasing officer, at such times and in such forms as theyhe or she may prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing officer may direct that the designated supplies or equipment be:
A. Transferred to another city department or agency;
B. Exchanged or traded in on new supplies and equipment; or C. Disposed of in some other suitable manner, which may include sale at auction or deposit at a landfill. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.140)
3.04.190 Inspection and tests.
The purchasing officer or designee or department requesting the item shall inspect all deliveries of supplies and equipment to assure conformance with the contract or order specifications. The purchasing officer or designee, at theirhis or her discretion, may require such reasonable chemical and physical tests of samples of supplies and equipment as theyhe or she deems necessary to determine the quality in Agenda Item #9.4.
conformance with those specifications. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.150)
Article 3
Public Works Projects
3.04.200 Uniform construction cost accounting procedures.
The city council has elected to become subject to the Uniform Public Construction Cost Accounting Act and procedures as established by the California Uniform Construction Cost Accounting Commission in Public Contract Code Section 22000 et seq. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.010)
3.04.210 Bidding procedures for various project amounts.
A. A public work project of sixty thousand dollars ($60,000.00) or less may be performed by city force account, by negotiated contract, or by purchase order in accordance with Section 3.04.220.
B. A public work project greater than sixty thousand dollars ($60,000.00) and less than or equal to two hundred thousand dollars ($200,000.00) may be let to contract by informal bid procedures in accordance with Section 3.04.230.
C. A public work project of more than two hundred thousand dollars ($200,000.00) shall, except as otherwise provided in this chapter, be let to contract by formal bidding procedure in accordance with Section 3.04.240.
The described project cost limits of subsections A through C of this section shall be increased automatically as authorized pursuant to the adjustments made by the California Uniform Construction Cost Accounting Commission under Public Contract Code Section 22034. (Ord. 15-8 § 1 (Exh. A) (part):
Ord. 01-14 (part): prior code § 2.92.020)
3.04.220 Negotiate contract or purchase order procedures.
For those projects qualifying under Section 3.04.210(A), the applicable department head shall obtain a cost estimate from the project engineer or architect prior to issuing a purchase order or negotiating a contract with a responsible contractor. For any city force account work, the department head shall first comply with the guidelines established by the California Uniform Construction Cost Accounting Commission in determining the cost of the public work. The city manager shall have the authority to award and to execute any contract for the public work qualifying under Section 3.04.210(A). (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.030) Agenda Item #9.4.
3.04.230 Informal bidding procedures.
For those projects which qualify under Section 3.04.210(B) for informal bidding, the following procedures shall be used:
A. Bidder’s List. The city shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors’ list shall be consistent with the Uniform Public Construction Cost Accounting Act rules.
B. Notice. The city clerk shall prepare a notice inviting bids.
1. Contents of Notice. The notice inviting bids shall include a general description of the services and/or articles to be purchased, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether bid deposit or bond and faithful performance and/or warranty bond will be required.
2. Mailing of Notice. Unless the product or service is proprietary, all contractors on the city’s list for the category of work being bid shall be mailed a notice inviting informal bids, or an announcement/advertisement shall be placed in all construction trade journals, or both such mailing and advertising. The trade journals shall be those identified by the California Uniform Construction Cost Accounting Commission as appropriate for this area, in accordance with California Public Contract Code Section 22036.
3. Ten (10) Day Notice. Notices inviting informal bids shall be posted at the city hall and mailed at least ten (10) calendar days before the due date of submission of bids to all firms or suppliers on the bidder’s list for the category of work being bid and to such other vendors as the public works director deems appropriate.
4. Proprietary Products or Services. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting bids may be sent exclusively to such contractor or contractors.
C. Award. The city council shall award the contract to the lowest responsive and responsible bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the solicitation. The council may waive any minor bid irregularities.
D. Bids in Excess of Statutory Amount. If all bids received are in excess of two hundred thousand dollars ($200,000.00), the city council may, by passage of a resolution by a four-fifths vote, award the contract to the lowest responsive and responsible bidder up to an amount not to exceed two hundred Agenda Item #9.4.