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City Council Regular
Meeting Date: 06/26/2018  

  1. Find that this project is exempt from review under the California Environmental Quality Act; and 
  2. Waive competitive bidding procedures, find that this waiver is desirable and in conformance with state law and authorize the execution of an agreement with Santa Ana Watershed Association (SAWA) in an amount not-to-exceed $55,589.70, for biomass reduction in Carbon Canyon Creek.
The Carbon Canyon area of the City has natural growth that can make the area susceptible to wildfire.  Consequently, this proposed project includes the removal of dead biomass material located along the stream area from the bridge, which runs under State Highway 142, to Rosemary Lane (see attachment A). 
SAWA, a non-profit 501c, develops, coordinates and implements natural resource programs that support a sustainable ecosystem and provides social benefits from the San Bernardino Mountains to the Pacific Ocean. SAWA specializes in streambed restoration and is uniquely qualified to process all permits and perform necessary regulatory compliance.  SAWA has special permits such as the 1600 stream bed alteration agreement with the California Department of Fish and Wildlife and also operates with the other regulatory agencies under a regional general permit.
As part of the agreement, SAWA will contract and manage all labor through its agreement with the California Conservation Corps (CCC) as well as maintain all required permits to remove the biomass from the creek. The City has successfully contracted with SAWA for a variety of projects; most recently, the Hickory Creek Restoration Project.  The above-mentioned price is a not-to-exceed cost and reflects an estimated twelve days of cutting, chipping and hauling of biomass using a fifteen person CCC crew directed by a restoration technician from SAWA.  This technician will manage the crew while ensuring that the requisite work is performed.  The CCC is exempt from prevailing wage requirements purusant to Labor Code Section 1720.4(c). 
The City does not have the required permits for this project and therefore sought external services for this work.  SAWA has the unique combination of required permits, agreement with the CCC, qualified staff to oversee the work, and the experience to ensure that all necessary reporting is submitted to the appropriate regulatory agencies. Chino Hills Municipal Code Section 3.18.050.I permits the City Council to waive competitive procedures when it finds that such waiver is required or desirable and in conformance with state law. Therefore, City staff requests that the City Council waive competitive procedures, find that such waiver is desirable and in conformance with state law and authorize the agreement with SAWA for bio-mass reduction in Carbon Canyon Creek.
The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations (CEQA Guidelines) Section 15301 (h) as a Class 1 categorical exemption (Existing Facilities) and Section 15304 as a Class 4 categorical exemption involving a minor alteration to land.
There is sufficient funding in the Fiscal Year 2017-18 General Fund capital outlay budget to cover the cost of the SAWA agreement. 
The City Attorney and Finance Director have reviewed this agenda item.   
Attachment A - Area of Work
SAWA Agreement

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