Report Prepared by: Ken F. Elwin, PE, Director of Public Works
Title
SUBJECT: Approval of Memorandum of Understanding Between the County of Merced and the City of Merced for Vegetation Maintenance of Bear Creek Within Merced City Limits from Crocker Dam to Campus Parkway
REPORT IN BRIEF
The County of Merced (County), on behalf of the Merced Stream Group, is undertaking vegetation maintenance activities along Bear Creek. Portions of Bear Creek located between Crocker Dam and Campus Parkway are within the City of Merced and have historically been maintained by the City.
The proposed Memorandum of Understanding (MOU) provides an opportunity for the City to participate in the County's vegetation maintenance project rather than undertaking a separate, stand-alone project. By coordinating the work with the County's larger project, the City can benefit from economies of scale, an expedited schedule, and potentially reduced project costs.
Under the proposed MOU, the County will perform the vegetation maintenance work, including environmental assessments and consulting services, for the portions of Bear Creek within the City limits. The City will reimburse the County for 50 percent of the actual project costs, not to exceed the estimated amount of $250,000, unless additional costs are approved in writing by the City.
Staff recommends approval of the MOU because coordinating the City's Bear Creek vegetation maintenance activities with the County's existing project provides an opportunity to achieve economies of scale, reduce duplication of effort, and expedite completion of vegetation maintenance within the City limits.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Memorandum of Understanding (MOU) between the County of Merced and the City of Merced for vegetation maintenance and associated environmental services of Bear Creek within the City limits from Crocker Dam to Campus Parkway; and
B. Authorizing the City Manager, or designee, to execute the MOU and any documents necessary to implement the agreement.
Body
ALTERNATIVES
1. Approve, as recommended by staff; or,
2. Approve, subject to other than recommended by staff (identify specific findings and/or conditions amended to be addressed in the motion); or,
3. Deny; or,
4. Refer to staff for reconsideration of specific items; or,
5. Continue to a future meeting (date and time to be specified in the motion).
AUTHORITY
Charter of the City of Merced, Section 200.
CITY COUNCIL PRIORITIES
As provided for in the 2026-27 Adopted Budget.
DISCUSSION
The County/City is wanting to perform vegetation maintenance along Bear Creek on behalf of the Merced Stream Group. Certain segments of Bear Creek within the City limits have historically been maintained by the City of Merced.
The County and City have identified an opportunity to coordinate vegetation maintenance activities to improve efficiency and reduce costs. Rather than having the City independently procure and manage a separate vegetation maintenance project, the proposed MOU allows the City's work to be incorporated into the County's project.
The County has estimated the project work within the City limits at not more than $250,000. The MOU provides that the County and City will share the actual project costs on a 50/50 basis.
Project Scope
The Project encompasses the Bear Creek segments identified on Exhibit A to the MOU. The County will perform the Project and will coordinate the City's portion of the work with vegetation maintenance being performed on portions of Bear Creek under County jurisdiction.
The coordinated approach is expected to provide the City with the benefit of the County's existing project mobilization, environmental work, consulting services, and overall project coordination.
The MOU requires the Parties to cooperate to help ensure successful completion of the Project while minimizing impacts to the Parties and the public.
Cost Sharing
The City will reimburse the County for 50 percent of the actual costs associated with the Project work.
The MOU identifies an estimated maximum amount of $250,000 for project work from Crocker Dam to Campus Parkway. Any costs exceeding this amount, will require prior written approval from the City.
Accordingly, based on the MOU's stated cost-sharing provisions, the City's anticipated financial obligation should be confirmed by staff and the County based on the final estimated project cost and the specific allocation of costs to the City's portion of Bear Creek.
CEQA
The MOU provides that the County will act as the lead agency for purposes of compliance with the California Environmental Quality Act (CEQA) as it applies to the Project.
This arrangement allows the environmental review associated with the coordinated vegetation maintenance project to be managed through the County's project.
IMPACT ON CITY RESOURCES
The MOU establishes a 50-percent cost-sharing arrangement between the County and City for the Project.
The County has estimated the environmental assessments and consulting services for the portion of the Project within the City limits at $250,000. The City is responsible for 50 percent of actual costs under the MOU, subject to the maximum amount established in the agreement and any requirement for prior written approval of costs exceeding that amount.
CP240058 - Bear Creek Restoration Capital Improvement Project under fund (60006080) has sufficient funding to cover the City’s portion of the Project.
ATTACHMENTS
1. MOU with Exhibit A (Project Location/Map)