Agenda Item Wording:
title
Request Authorization from City Council to enter into contract with JFS Enterprises Inc. for $285,000 to remove permanent vegetation at the Eastside Regional Park, accept grant funding from the Department of Water Resources in the amount of $313,500, and appropriate funds of $346,350 for the project.
body
Deadline for Action: While there is no deadline for this action, staff is attempting to proceed with this program before the heavy rainy season, historically beginning in early January.
Submitting Department: Administration
Contact Name and Phone Number: Rhett Anderson, (559) 713-4531
Department Recommendation: It is the recommendation of City staff that the Council authorize staff to enter into a contract for land clearing services with JFS Enterprises Inc. for an amount of $285,000; appropriate $346,350 from the Park Impact Fund for the entire project, and accept grant funding from the Department of Water Resources in the amount of $313,500
Background Discussion:
The Department of Water Resources (DWR) is actively working with local agencies to supplement funding for clearing permanent crops in order to permanently develop land to be more suitable for groundwater recharge and flood mitigation. This funding opportunity is being provided through a subset known as the Flood Diversion Equipment and Recharge Enhancement initiative. In March of 2023, the City of Visalia began diverting flood water via pumping out of the Kaweah system in order to alleviate surface water flows that would ultimately deposit to the Tulare Lake Region, causing further damage to the area. The supplemental funding for land clearing, informally referred to as “Rip and Chip”, provided by DWR will aid the City in efforts to remove orchards originally designated for agricultural use, for the purposes of permanent clearing and removal of permanent crops for the purpose of floodwater mitigation during the upcoming flood season and groundwater enhancement. DWR is willing to put forth funding on the condition that the ground that is cleared using DWR funding will remain non-agricultural and be utilized for floodwater mitigation and groundwater improvement. While DWR has stated that while the funds are being allocated under an emergency ordinance for flood mitigation and groundwater improvement, they understand that there may not be a risk of flooding in the oncoming water year and will not hold the City inadequate on eligibility of reimbursement should the floodwater not be available for diversion in the oncoming water year of 2024.
The reimbursement program would provide financial assistance to organizations willing to provide funding exclusively for land clearing and mastication of woody vegetation. The parcel is going to be permanently retired from farm ground and redesignated for future public use within the multi-faceted East Side Regional Park project (See Attached). DWR has agreed to reimburse the City of Visalia for the total costs of the contractor to remove and dispose of 40 acres worth of trees, including a 10% buffer incase costs of services increase since the time that the quote was provided to City staff. By utilizing this program, the City can optimize an oncoming projected year of above average precipitation at a reduced financial burden to the City, in which funds that may have been utilized for land clearing pre-construction can now be devoted to efforts of water diversion. There is no obligation on the City to provide the water for recharge, and intends to deposit exclusively floodwater, unless other categories of water are more feasible for the City. Currently, large diameter (larger than 6 inches in diameter intake) diesel powered trash pumps are the most feasible method for diverting water out of Mill Creek and onto the parcel should floodwaters become available. Staff has determined that the language within the proposed contract allows the City of Visalia to receive funding from DWR, even though the entirety of the parcel being cleared will not remain in permanent recharge structures. This was a conversation held early on with DWR, who agreed that because the total permanent recharge area that needs to be developed equates to a total of roughly 40 acres (the same size as the parcel being cleared).
Proposed Orchard for Application:
This program is currently designated for and applicable to 40 acres of established pecan trees owned by the City directly south and adjacent to Mill Creek and directly west and adjacent to Road 152. The APN for this parcel is 103-500-001. The parcel Is currently composed of over 1,100 standing pecan trees. It is estimated by City staff that roughly half of the total volume of organic material within the orchard is already dead. While some trees have experienced 100% mortality, most other trees are partially dead, specifically within the upper half of the canopy. Many of the previously presumed dead trees were able to re-establish themselves after the significant rain events of Water Year 2023, however profitable production is not expected to make a recovery at any point. This area is one parcel of many that will soon become the Eastside Regional Park. Of the multiple parcels that compose the future East Side Regional Park, approximately ~120 acres of fallowed walnuts also occur on the parcels directly north of the respective pecan orchard, also adjacent to Mill creek.
The City is reimbursable so long as the land being fallowed will remain out of use for agricultural purposes. Future project plans of the park have been shared with DWR, who has determined that the respective acreage is eligible for reimbursement for the entire parcel. Flood management and groundwater improvement includes floodwater diversion, managed aquifer recharge (Flood-MAR), or installation of permanent beneficial water projects. The City fully intends to, at minimum, divert water onto the parcels that are cleared for the purposes of flood mitigation and groundwater recharge and improvement should the water resources be available and/or should the City of Visalia require additional capacity be made within the Mill Creek channel in order to alleviate flood risk. The City also recognizes that a portion of the western side of the parcel may be utilized for temporary fill dirt deposition anytime after the spring of 2024. These construction activities will not interfere with floodwater mitigation efforts in water year 2024.
Procurement:
Because this program falls under state of emergency funding through the State of California, DWR has confirmed with City staff that the City is not required to employ a formal bid process to receive funding, and that sole sourcing is an option for the City due to the funding originating as a result of emergency response. Verification from DWR can be found in the attachments, in the form of an email from Steven Springhorn, the Supervising Engineering Geologist for DWR.
While this was an option for the City, staff chose to procure three separate bids, provided by contractors who meet the eligibility requirements of the City of Visalia, and the Department of Water Resources. The three bids have been included as attachments to this report.
Of the three separate bids, pricing was highly variable. Based on pricing and local recommendation, staff is recommending that the lowest bid, provided by JFS Enterprise Inc. be fully considered as the land clearing contractor for this project. JFS Enterprises Inc. quotes the full cost of services to be $285,000. The total project cost, not including staff time or specialized equipment, is fully reimbursable by DWR, including up to a 10% buffer in project cost. Staff anticipates that one piece of specialized equipment will be required to complete the reporting portion of the contract. This equipment is typically referred to as a Well Sounder, and is used to measure depth to groundwater within the well. Staff time has been estimated to be 10% of total project costs, none of which is reimbursable to the City from DWR. Staff time is estimated not to exceed $31,350, or 10% of total project cost. In addition, Staff is requesting to appropriate $346,350.00 from the Park Impact Fund, of which $313,500 is eligible for reimbursement from the grant.
Appropriation:
Staff came to council on October 16th to request authorization for Resolution 2023-43, which permitted the City to enter into a grant contract with DWR, which was approved buy Council that same meeting. The resolution is attached to this report.
The reimbursement program for floodwater diversions proposed through the Department of Water Resources offers a unique opportunity for the City of Visalia to address flood management challenges in the area while simultaneously recharging groundwater resources. By investing in floodwater diversion infrastructure, the City will experience various benefits in addition to project advancement for the East Side Regional Park, including reduced flood risks to critical infrastructure, enhanced groundwater sustainability, cost savings, and improved environmental conditions.
Considering the advantages outlined above, implementing this program is strongly recommended. It aligns with the city's long-term vision for water resource management, fosters environmental stewardship, and promotes resilience in the face of changing climatic conditions. By seizing this opportunity, the City of Visalia can set an example for other communities facing similar challenges and contribute to a more sustainable and prosperous future.
Staff is returning to Council to request an appropriation of funds not to exceed $346,350.00. As previously stated, staff time is not eligible for reimbursement. The project costs will be initially incurred and paid for by the City. A copy of the invoice would then be submitted to DWR for reimbursement.
Upon approval of the appropriation of funds, staff will proceed to enter into contracts with both DWR and the contractor, JFS Enterprises Inc. Staff is also seeking approval to receive funds for reimbursement from DWR for the purposes of land clearing, as outlined in this report.
Fiscal Impact:
The City of Visalia is eligible for reimbursement for the total cost of mastication and removal of the orchard from the Department of Water Resources. The funding is only available to the vendor for the amount quoted, including a 10% buffer. All funds provided by the Department of Water Resources for the purposes of land clearing services that are not utilized will be returned to the Department of Water Resources. The City of Visalia would be responsible for all staff time, and any other unforeseen additional costs that may be incurred not outlined in the contract. Staff time is estimated to be 10% of the total project costs, totaling $31,350.
Prior Council Action: City Council adopted Resolution 2023-43 on Monday, October 16th 2023
Other: Click or tap here to enter text.
Alternatives: City Council may choose not to authorize staff to enter into contract with DWR and the Vendor. The Council may choose not to appropriate the requested funding. Staff may choose not to accept funding from DWR.
Recommended Motion (and Alternative Motions if expected):
recommendation
City staff motions for the City Council to award the contract for land clearing services to JFS Enterprises Inc. in the amount of $285,000, authorize the City to accept grant funding, and appropriate $364,350 from the Park Impact Fund.
end
Environmental Assessment Status: Exempt under executive order N-22-7
CEQA Review: Exempt under executive order N-22-7
Attachments: Resolution 2023-43, JFS Enterprises Inc. - Quote, Anthony Nonini Ag Services - Quote, Fowler Brothers Farming - Quote, Location Map 11, RE_Rip and Chip Funding, DWR_COV_LandClearing_Scope_of_Work_Final