I. ROLL CALL
Roll Call
II. CLOSED SESSION
III. FLAG SALUTE
IV. CEREMONIALS
Proclamations
The American Public Works Association has designated May 21 - 27, 2017 as National Public Works Week. The theme for 2017 is "Public Works Connects Us"

BACKGROUND

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ISSUES/ANALYSIS

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documentStaff Report Printout
a. Public Works Proclamation
Emergency Medical Services Week - May 21-27, 2017
Presentations
Presentation by Chino Police Officers Association to Isaiah's Rock.

CPOA President, Corporal Chinnis and Chino Police Foundation Member, Corporal Monroe are presenting a check to Dave and Charlene King, Isaiah's Rock, of the proceeds from the fundraiser held at Los Portales.

Chino Cultural Foundation Arts Scholarship Recipients

Note:  Certificates prepared by Administration are requested. 

Michelle Reinhardt, Board Member, Chino Cultural Foundation, will assist the Mayor.

Scholarship recipients are Daniel Berquist, Brianne Byers, Katelyn Byers, Daisy Gulla, Alexis Melendez, Bella Pettengill, Wynn Phaychanpheng, Kiera Reeves, and Liana Veratudela.

5/11/17 - added one additional recipient: Allissa Cullimore.

 

Recognition of Armed Forces Banner Participant - Samuel E. Amerine II, U.S. Army
V. PUBLIC COMMUNICATIONS
VI. CONSENT CALENDAR
1. Approve expenses as audited and within budget for warrants 733722 to 733877, Electronic Fund Transfers 504468 to 504543, and Handwritten warrant 900791, totaling $2,235,829.30. Approved By Consent Vote [Unanimous]

BACKGROUND

Having been approved as prescribed by Government Code Section 37202 and 37208, the following demand registers are herewith submitted for Council ratification:

 

NO.

WARRANTS

DATE

FY

AMOUNT

 

     

1.

733722 to 733802

4/13/17

16-17

$1,023,891.92

2.

504468E to 504509E

4/14/17

16-17

$124,009.22

3.

900791*

4/18/17

16-17

$28.00

4.

733803 to 733877

4/20/17

16-17

$221,679.54

5.

504510E to 504543E

4/21/17

16-17

$866,220.62

 

 

 

 

 

 

 

 

 

 

     

*Denotes handwritten warrant

E: Electronic Funds Transfer

 

TOTAL

$2,235,829.30

 

ISSUES/ANALYSIS

See attached exhibit for detailed information on warrants exceeding $25,000.

 

 

 

 

RB:hm

 

Attachment:  Exhibit 1

 

 

documentStaff Report Printout
a. Warrants Report Exhibit 5-16-17
2. Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City. Approved By Consent Vote [Unanimous]

BACKGROUND

In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill 1234 (AB 1234), on January 1, 2006, the City adopted Resolution No. 2005-093 establishing a Business-Related Expense Policy.  On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

 

ISSUES/ANALYSIS

In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agenda Consent Calendar, as needed.  The documents that pertain to the items listed on Exhibits are available for public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.

 

Attachment: Exhibit A

 

 

documentStaff Report Printout
a. Attachment to Elected Official's Report
3. Authorize purchase orders with Independent Cities Risk Management Authority (ICRMA) for a total amount not to exceed $87,000 for the payment of assessments for liability from a prior year. Approved By Consent Vote [Unanimous]

BACKGROUND

The City was a participant in the Independent Cities Risk Management Authority (ICRMA), which is a Joint Powers Authority whose intent is to minimize liability expenses by pooling with other agencies for liability claims.  In 2002, the City ended is participation in ICRMA. 

 

ISSUES/ANALYSIS

The City has received an invoice for its portion of assessments due for the 2003-2004 Fiscal Year.  According to ICRMA, during the 2003-2004 Fiscal Year, assessments collected were short of claims/expenses by $2,308,572.  Retroactive collection of assessments is allowed per the Bylaws of ICRMA.  A total of 25 cities who were members in ICRMA during that year also received notification of their respective assessments. 

 

The ICRMA Board, composed of one voting member from each member city, sets funding levels and rates based on actuarial data.  Each member’s loss history, payroll and member retained limit are built into the rates the Board approves at the beginning of a program year.  Once that share is established, it is also the member’s share of any deficit.  Due to multiple catastrophic losses, the losses exceeded the assets during 2003-2004. 

 

The invoice received totaled $13,722, which is the amount that would be payable for the next seven (7) years, totaling $96,054.  However, if the City pays the entire assessment due before July 1, 2017, ICRMA will discount the amount by 10%, or $9,605.  Staff is recommending payment in full of $86,446.  The City has also been informed that additional funds may be sought if additional claims are required to be paid; if so, it is anticipated notice will be made to the City in the 2017-2018 fiscal year.  If additional funds are required, City Council authority will be requested.

 

This request is to issue purchase orders only; no appropriation is required as the expenditures are within the adopted Fiscal Year 2016-17 Budgeted Appropriations. Expenditures are projected to total $87,000.  City Council authorization is required as the combined total of purchase orders will exceed $25,000 authorized to one vendor.

 

 

 

 

 

documentStaff Report Printout
4. Approve an increase in the amount of $15,000 for purchase orders to Professional Police Products, dba Adamson Police Products for a total revised amount of $186,000 for the purchase of police equipment. Approved By Consent Vote [Unanimous]

BACKGROUND

On July 19, 2016, the City Council authorized rifle purchases in the amount of $171,000 from Professional Police Products. Upon procuring the rifles, subsequent purchases were made that included pepper spray, gas mask filters, diversionary devices, weapon lights along with suppressors and plate carriers for the Chino S.W.A.T team. As such, retroactive approval is requested for the exceeded amount of $15,000.

 

ISSUES/ANALYSIS

The requested increase of $15,000 will bring the FY 16-17 total vendor cap for Professional Police Products to $186,000.  City Council retroactive approval is requested as the total amount exceeds the current authorized amount of $171,000.

 

documentStaff Report Printout
5. Appropriate $3,600 from the unappropriated reserves of the Asset Forfeiture Department of Justice Fund for the purchase of Superion's (formerly SunGard Public Sector) OneSolution MCT module. Approved By Consent Vote [Unanimous]

BACKGROUND

Over the last several years, the Chino Police Department has directly participated in investigations or prosecutions that have resulted in a federal forfeiture and, therefore, an equitable share of the net proceeds of the forfeiture are returned to the City.  Forfeiture funds can only be designated for law enforcement use and must be used to increase or supplement the resources of the receiving law enforcement agency.  Forfeiture funds cannot be used to replace or supplant the resources of the Department.

 

ISSUES/ANALYSIS

Following on the success of their "Freedom" mobile application, Superion (formerly SunGard Public Sector) recently released their new OneSolution MCT module. Rather than continuing to upgrade their current MCT product which was developed on an older programming language not well-suited for today's "mobile-first" world, Superion opted to build an entirely new solution that will provide improved responsiveness, compatibility across mobile platforms, and a robust foundation for user customization and future upgrades. The OneSolution MCT product offers significant enhancements over the current MCT module currently utilized by the Department's field personnel including improved mapping, increased access to information such as held calls, increased system stability, and cross-platform compatibility (Windows, iOS, Android).

The $3,600 expense will cover server configuration ($2,800), training ($640) for the Department's CAD-RMS system administrators and MCT/MFR training cadre, and project management ($160). 

 

documentStaff Report Printout
6. Award Professional Services Agreements for Design Geotechnical Investigation Services for Quadrants II & III to Converse Consultants, Redlands, in the amount of $33,484.00, and Geo-Advantec, Inc., San Dimas, in the amount of $38,219.50. Approved By Consent Vote [Unanimous]

BACKGROUND

The Department of Public Works inventoried and assessed the conditions of all the water mains within the City of Chino due to its aging infrastructure and ongoing water leaks.  The water mains identified for replacement were tabulated and placed on the City’s Water Projects Priority List and grouped into Quadrants, based on the location and the necessity for replacement infrastructure.

 

Subsequently, staff prepared three (3) separate Request for Proposals (RFP) for Design Geotechnical Investigation Services for Quadrants I, II & III to provide geotechnical analysis and recommendations during the design process.  Due to the magnitude of these projects and the complexity involved with identifying underground utilities and disruption to traffic flow, staff incorporated additional engineering services as part of the RFP.  The additional engineering services will result in a more substantial design that will reduce the potential for change orders during construction if the unknowns are addressed during the design phase.

 

ISSUES/ANALYSIS

A Request for Proposals for Design Geotechnical Investigation Services for Quadrants I, II and III were posted on Planet Bid on Thursday, January 26, 2017.  Proposals were received on Thursday, February 23, 2017 from several qualified firms. Each Quadrant received 19-proposals.  An evaluation committee was formed to review the proposals for each Quadrant.  The proposals submitted were rated and the top five (5) firms were ranked as most qualified (listed in Attachment 1).  Among the top five (5) firms, one (1) firm was selected for Quadrant 1, one (1) firm was selected for Quadrant 2, and one (1) firm was selected for Quadrant 3.  Geotechnical Firm Evaluations were based on the proposals’ content, accuracy, the firms’ experience, and Evaluation Team Discussion.  Costs were separately considered as part of the evaluation.  It should be noted that Quadrant I costs are less than $25,000 and do not require City Council approval.

 

Therefore, it is staff’s recommendation that City Council award Professional Services Agreements to Converse Consultants, Redlands, for Quadrant II in the amount of $33,484.00, and Geo-Advantec, Inc., San Dimas, for Quadrant III in the amount of $38,219.50 to provide Design Geotechnical Investigation Services for Water Main Replacements for Project WA162.  The above contracts, which include the additional field and lab work estimates and geotechnical contingency of 10%, come to a total amount of $71,703.50      

 

 

documentStaff Report Printout
a. AOC for Quadrant I, II, and II - Project Location Map
b. AOC for Quadrant I,II, III - Rate Sheet-Geotechnical
c. AOC for Quad I,II,III signed contract Converse
d. AOC for Quad I,II,III signed contract G.A. Inc.
7. Approve an amendment in the amount of $75,000 to CT & T Concrete Paving, Inc., Diamond Bar, CA for Americans with Disabilities Ramp Improvements at Ayala Park. Approved By Consent Vote [Unanimous]

BACKGROUND

Title II of the Americans with Disabilities Act (ADA) requires local governments to provide persons with disabilities access to pedestrian routes in the public right-of-way, as well as on City owned properties.  The City currently contracts its concrete repair services with CT&T Concrete Paving Inc. (CT&T) for repair work to damaged sidewalks, curbs, gutters, drive approaches and ADA ramps.  The current contract is in the amount of $350,000.

 

As part of the ongoing scheduled maintenance performed by the Public Works Department, the southwest parking lot at Ayala Park is scheduled to be resealed and restriped this summer.  This type of maintenance initiates compliance with ADA requirements.  Consequently, CT&T will be removing the existing parking lot access ramp and drive approaches, and installing new drive approaches, additional sidewalks and ramping to accommodate a total of fourteen (14) accessible parking stalls.

 

Staff is proposing that the current contract with CT&T be amended to include the additional drive approaches, sidewalks, and ramps in conjunction with the additional concrete work.  It is estimated that $75,000 is required to complete the work.

 

ISSUES/ANALYSIS

Staff has reviewed and identified all additional work required to complete the 2017 Concrete Repair ProjectThe ADA compliant upgrades were not included in the original scope of work for Fiscal Year 2016-17.  Therefore, the contract requires an amendment in the amount of $75,000 to complete the work through June 30, 2017.

Staff recommends that City Council approve the contract amendment with CT&T in the amount of $75,000.  This amendment will bring the total contract amount to $425,000 for Fiscal Year 2016-17.

 

Attachment:              Contract Amendment

 

 

documentStaff Report Printout
a. Contract Amendment CT&T signed contract
8. Reject liability claim filed by Carlos Anthony Madrigal c/o David M. Nisson, Esq. received on April 4, 2017 alleging dangerous condition of storm drain grate. Approved By Consent Vote [Unanimous]

BACKGROUN

On April 4, 2017, the City of Chino received a claim for damages from Carlos Anthony Madrigal alleging the City was aware of, and failed to properly maintain, a dangerous road condition (grate) located at 12233 Central Ave.  As a result, Mr. Madrigal sustained multiple injuries while riding his bicycle. Claimant demands $3,000,000 in general damages.

 

ISSUES/ANALYSIS

Chino Municipal Code Section 3.70.070 provides that the City Council shall act on a claim in the manner provided in Government Code Section 912.4 and 912.6 within forty-five days after the claim has been presented.  If the City Council fails to act on any claim filed under this chapter, the claim will be deemed denied on the forty-fifth day after the claim was presented.

Staff recommends the claim be rejected and notification of denial be sent to claimant.

documentStaff Report Printout
9. Reject liability claim filed by Mercury Insurance received on April 21, 2017 regarding their insured Marisol Zoueihid. Approved By Consent Vote [Unanimous]

BACKGROUND

On April 21, 2017, the City of Chino received a claim for damages from Mercury Insurance Company on behalf of their insured, Marisol Zoueihid, alleging that vehicle damages sustained by their insured on November 7, 2016 were caused by a City of Chino employee. The claimant demands $4,384.66 in subrogation and an additional $498.36 paid directly to their insured for out of pocket expenses for a total amount of $4,883.02.

 

ISSUES/ANALYSIS

Chino Municipal Code Section 3.70.070 provides that the City Council shall act on a claim in the manner provided in Government Code Section 912.4 and 912.6 within forty-five days after the claim has been presented. If the City Council fails to act on any claim filed under this chapter, the claim will be deemed denied on the forty-fifth day after the claim was presented.

Staff recommends the claim be rejected and notification of denial be sent to claimant.

 

documentStaff Report Printout
10. Receive and file the 2016 General Plan and Housing Element Reports. Approved By Consent Vote [Unanimous]

BACKGROUND

Section 65400 of the Government Code requires that the General Plan Annual Report be presented each year to the local legislative body for its review and acceptance.  This report describes the City’s progress in implementing its General Plan and Housing Element during the previous 2016 calendar year. Following review, the report is required to be sent to the Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD).

 

On July 6, 2010, the City Council adopted Envision 2025, a comprehensive update to the City's General Plan. The Housing Element was adopted by the City Council on October 1, 2013, and certified by HCD on November 30, 2013. Staff has reviewed the General Plan and 2013-2021 Housing Element to determine the status of their implementation for the 2016 calendar year in accordance with the State’s guidelines.  The Planning Commission reviewed the attached 2016 General Plan Annual Report at the April 17, 2017 Planning Commission meeting, and recommended the City Council receive and file the report.

 

ISSUES/ANALYSIS

Since the General Plan was updated in 2010, staff from several departments continue to monitor the  goals, policies, and actions identified in the document.  In doing so, staff has developed an Implementation Program Table for tracking the status of the adopted General Plan. The Implementation Program Table (Exhibit A to the General Plan Annual Report) incorporates the goals and action statements from the General Plan that have been addressed or were in the process of completion in 2016.  During the 2016 calendar year, the City continued to implement many General Plan goals and policies through ongoing City programs, private development, and capital improvement projects. Exhibit B of the report summarizes the progress made in 2016 towards meeting the goals and objectives of the City’s 2013-2021 Housing Element. In 2016, the City  continued to implement the Housing Element and added to the region’s supply of affordable housing through the multiple housing programs offered by the City.

 

 

NL/KL/ro

 

Attachment:              2016 General Plan Annual Progress Report

 

 

documentStaff Report Printout
a. 2016 General Plan Annual Report
b. Exhibit A - 2016 General Plan Implementation Program Table
c. Exhibit B - Chino 2016 HE Annual Progress Report_final
11. Item 11 was moved to ITEMS REMOVED FROM CONSENT CALENDAR
ITEMS REMOVED FROM CONSENT CALENDAR
Adopt Resolution No. 2017-028 Correcting Nunc Pro Tunc the text of the fifth recital in Ordinance No. 2017-004 to be presented to the voters at a Special Municipal Election to be held on Tuesday, July 11, 2017. Approved [4 to 1]

BACKGROUND

City staff have discovered a clerical error in fifth recital of Ordinance No. 2017-004 to be presented to the voters at the up-coming special July 11, 2017 election.  In light of the same, the City Council is requested to correct that clerical error, nunc pro tunc, so as to assure that the voters are presented with complete and accurate information upon which to base their determination to approve or reject Ordinance No. 2017-004.

 

ISSUES/ANALYSIS

Ordinance No. 2017-004 which is to be presented to the voters of Chino for consideration at the above-noted special election, was attached to Resolution No. 2017-015 and approved by the City Council on April 4, 2017, as Exhibit “A.”  As approved for submission to the voters by the City Council, Ordinance No 2017-004 included the following textual recital five:

“WHEREAS, the City Council has previously found and determined, as required by Friends of Sierra Madre v City of Sierra Madre (2001) 25 Cal.4th 165, that the Project will not have a significant adverse impact on the environment, as an Addendum to the Chino General Plan Environmental Impact Report for the Central and Francis Residential Project (Addendum), dated October 2014 was adopted by the City Council on December 2, 2014, and that Addendum found and determined that the Project will not have a significant adverse impact on the environment, as an Addendum to the certified Chino General Plan Final Environmental Impact Report (SCH# 2008091064) has determined that the proposed project will not substantially change the analysis, conclusions, or mitigation measures from the prior-certified EIR. The Addendum identifies anticipated environmental impacts resulting from the proposed project and documents how those impacts were previously addressed in the prior-certified EIR, and what mitigation measures in the prior-certified EIR will be brought forward and implemented by the Project to ensure that all impacts are mitigated to an acceptable level. All identified environmental mitigation measures in the Addendum will be made a condition of approval for subsequent development entitlements for the project site.”

Upon further review of this recital it was determined by City Staff to be incorrect based upon the prior actions of the City Council in connection with the environmental review of the so-called “Brewer Site Project.”  As a consequence, this recital should be corrected to read:

 

“WHEREAS, the City Council has previously found and determined, as required by Friends of Sierra Madre v City of Sierra Madre (2001) 25 Cal.4th 165, that the Project will have a significant adverse impact on the environment, as the Brewer Site Project Environmental Impact Report (EIR), dated February 15, 2017 was certified by the City Council on April 4, 2017. The City Council determined through the certification of the EIR that the benefits of the Project outweigh the unavoidable adverse environmental impacts through a Statement of Overriding Considerations.  The City Council adopted a Mitigation Monitoring and Reporting Program through the certification of the Final EIR, which all mitigation measures will be made a condition of approval for subsequent development entitlements for the project site.”

 

Staff and the Office of the City Attorney respectfully request that the City Council adopt the attached Resolution No. 2017-028 correcting the clerical error in the fifth recital in Ordinance No. 2017-004, direct that the City Clerk insert the corrected text into Ordinance No. 2017-004, direct the City Clerk to submit corrected Ordinance No. 2017-004 to the Board of Supervisors and the Elections Official of the County of San Bernardino, and direct the City clerk to submit corrected Ordinance No. 2017-004 to the voters of the City of Chino at the July 11, 2017 special municipal election.

 

documentStaff Report Printout
a. Resolution No 2017-028 Correcting Nunc Pro Tunc Ordinance No 2017-004
b. Corrected_Ordinance No. 2017-004
c. Ordinance No. 2017-004_Exhibit B
VII. PUBLIC HEARING
12. Receive testimony and approve the 2017-18 One-Year Action Plan for the Community Development Block Grant (CDBG) Program. Approved [Unanimous]

BACKGROUND

On January 23, 2017, the Community Services Commission received presentations from CDBG Public Service applicants.  On February 16, 2017, the Community Services Commission’s CDBG Review Sub-Committee met and reviewed all Public Service Project applications. Prior to the meeting, the members of the CDBG Review Sub-Committee were provided with the proposed project applications and asked to review the applications, prioritize the programs/projects, and make funding recommendations. Each program was evaluated based on need, eligibility, and compatibility with the Needs Assessment.

 

On February 27, 2017, the Community Services Commission considered the preliminary funding recommendations made by the CDBG Sub-Committee. The Commission evaluated the CDBG Sub-Committee’s findings and took action to forward the attached recommendations to the City Council (Exhibit 1) for its consideration.

 

The Economic Development and Capital Improvement Project applications were reviewed by City staff from the Community Development and Public Works Departments using the same criteria.

 

ISSUES/ANALYSIS

The primary objective of the CDBG program is “the development of viable urban communities by providing adequate housing, a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income.” The One-Year Action Plan details the proposed uses of the Fiscal Year 2017-18 CDBG presumed allocation of $466,402, as it relates to the CDBG primary objectives.

 

Each program/project application was evaluated according to the following criteria:

 

·         Meets HUD’s national objectives and eligibility requirements;

·         Consistent with the Needs Assessment; and

·         Minimizes any duplication of service.

 

Exhibit 1 outlines the programs/projects that the Commission is recommending for funding, including the proposed level of funding. The Commission recommends that $69,960 in projects be funded in the Public Services category, which meets the 15% limit established by HUD. Staff is recommending $303,161.00 in projects be funded in the Capital Improvement/Economic Development category. The minimum funding amount for any program/project is $10,000.

 

Each year, HUD reviews the City’s accomplishments with the use of CDBG funds during the previous program year in a Consolidated Annual Performance and Evaluation Report (CAPER). Major subject areas in the CAPER include a narrative that states financial resources, number of households and persons assisted, and an assessment of annual performance. The CAPER assesses programs for low- and moderate-income families, economic development initiatives, social services programs, and various public improvement projects.

 

The public hearing being conducted during this City Council meeting fulfills HUD’s Citizen Participation requirements for the adoption of the One-Year Action Plan. A 30-day public review period began on March 1, 2017, and concluded on March 31, 2017, giving interested community members the opportunity to submit input, in writing, on any concerns they may have regarding the draft One-Year Action Plan. No comments were received. Following final adoption, the One-Year Action Plan will be submitted to HUD for its review and approval.

 

The Community Services Commission respectfully submits its funding recommendations to the City Council. These recommendations have been thoroughly evaluated according to HUD requirements, compatibility with the needs assessment, likelihood of a duplication of services, and the amount of funding available.

 

documentStaff Report Printout
a. CDBG 17-18 Final Funding Recommendation-Action Plan-Council (2)
b. CDBG 2017-18 DRAFT Action Plan-5 4 17
VIII. NEW BUSINESS
13. Award a contract to Layne Christensen Company, Redlands in the amount of $109,057.00 for Well No. 9 repairs. Approved [Unanimous]

BACKGROUND

The majority of the City’s drinking water supply is comprised of local groundwater produced by City wells.  Water utility personnel operate the City’s wells around-the-clock to pump groundwater in response to varying water system demands.  Additionally, water utility personnel sequence the operation of the well facilities in a rotational manner to avoid excessive wear and tear of equipment and to accommodate periodic maintenance activities.

 

City Well No. 9, located at the Benson Reservoir and Treatment Plant site, was constructed in 1974 and has been one of the City’s key well facilities since that time.  With a flowrate of 1,900 gallons per minute, it is the largest capacity well of the three existing wells that are able to supply water to the City’s Benson Water Treatment Plant.

 

Well No. 9 experienced a pump motor failure several months ago, and that damaged equipment is in need of replacement.  Replacement of the damaged well pump and motor equipment was planned for the current fiscal year, and sufficient funds to accomplish the work are included in the approved Water Services Program budget.

 

ISSUES/ANALYSIS

Plans and specifications were prepared for Well No. 9 repair and rehabilitation.  A Notice Inviting Bids was published on Planet Bids on March 20, 2017.  On Tuesday, April 4, 2017 at 10:00 a.m., five (5) bids were received and opened with the following results:

 

 

Company Name

Total Bid Amount

1

Layne Christensen Company, Redlands, CA

$109,057.00

2

Weber Water Resources, San Bernardino, CA

$130,300.93

3

Best Drilling Pump & Well Service, Colton CA

$137,600.00

4

Bakersfield Well & Pump, Bakersfield, CA

$139,167.00

5

Legend Pump & Well Service, San Bernardino, CA

$143,990.00

 

Layne Christensen Company, Redlands CA is properly licensed; and thus deemed to be the lowest responsible bidder with a bid amount of $109,057.00.  In addition, staff is requesting authorization to spend up to $10,900.00 for project contingencies, for a total potential project cost of $119,957.00.

 

 

documentStaff Report Printout
a. AOC-Layne Christiansen -signed contract
14. Award a contract to Siemens Industry, Inc., Riverside, CA in the amount of $103,374 for Routine Preventative Traffic Signal Maintenance Services. Approved [Unanimous]

BACKGROUND

The City’s existing traffic signal maintenance agreement has been extended the maximum number of times allowable per the contract; therefore, a new agreement is necessary.  A Request for Proposals (RFP) was released on March 3, 2017 on Planet Bids, Inc. (an electronic website). On April 3, 2017, the City received three (3) sealed proposals from the following companies:

 

COMPANY                                                                                          LOCATION

 

Bear Electrical Solutions                                                                    Alviso, CA

St. Francis Electric                                                                             Riverside, CA

Siemens Industry, Inc.                                                                       Riverside, CA

             

A selection committee of City staff members reviewed and evaluated all of the proposals as all three satisfactorily complied with the requirements set forth in the RFP.  The proposals were evaluated based on the ranking criteria established in the RFP including interviews with provided references, safety records, past performance, key personnel assigned to the contract, materials and equipment, experience of the firm and personnel, ability to respond, licensing, certifications, and fee proposals. 

 

ISSUES/ANALYSIS

Based on the evaluation of the three proposals submitted, staff is recommending that City Council award a contract to Siemens Industry, Inc., Riverside, CA in the amount of $103,374 for Routine Preventative Maintenance Services of traffic signals, battery back-up systems, radar speed feedback signs, flashing beacon and lighted crosswalk systems, for a one-year period with the option to extend the contract for an additional four consecutive one-year extensions.  In addition to Routine Preventative Maintenance Services, pricing provided in the proposal’s Schedule of Prices will be used for any extraordinary unanticipated signal work related to this service. Therefore, staff is requesting authorization to approve an additional $815,000 from the FY 2017-2018 Extraordinary Signal Work budget to be used for any extraordinary unanticipated work. The total contract amount with Siemens Industry, Inc. shall not to exceed $918,374.  Siemens Industry, Inc. is properly licensed and certified to perform the required work and has successfully provided traffic signal maintenance services in the City of Chino.  Not only were they substantially higher ranked than the other two firms, the City and the contractor further negotiated their routine maintenance pricing down an additional five percent. 

 

 

documentStaff Report Printout
a. Award of Contract- Traffic Signal Maint. signed contract
15. Additional appropriation and authorize additional work to Christensen Brothers General Engineering Inc., in the amount of $225,000 for the Riverside Drive and 3rd Street Water Main Replacement project #WA153. Approved [Unanimous]

BACKGROUND

On July 19th, 2016, the City entered into a contract with Christensen Brothers General Engineering Inc., for the Riverside Drive and 3rd Street Water Main Replacement Project WA 153, in the amount of $2,266,092.85.  Staff was also authorized to spend up to $226,610 for project contingencies and $125,000 for construction engineering services, bringing the total project costs to $2,617,702.85.

 

During the construction of the water main, unforeseen underground utilities were encountered, which are in conflict with the proposed water main.  City staff performed an analysis of these utility conflicts and determined that modifications to the scope of work were necessary.  These modifications require additional work to complete the construction of the proposed water main in Riverside Drive.  In addition to the unforeseen utility conflicts encountered in the field, City staff also authorized the extension of the water main replacement on 3rd Street from Lincoln Avenue to Washington Avenue.  The additional work for this extension was requested by the City’s Water Department staff, as this section of existing water main has been experiencing frequent water leaks.  The construction contract for the project includes competitive unit pricing obtained during the bid process which will be utilized for additional work.  

 

ISSUES/ANALYSIS

It is estimated that this additional work will require an increase in the project contingencies by approximately $225,000.  The additional work will bring the total project’s cost to $2,842,702.85. An additional appropriation from the Water Fund in the amount of $82,215.00 is required.

 

Therefore, it is staff’s recommendation to the City Council to authorize the additional work for the Riverside Drive and 3rd Street Water Main Replacement Project increasing the project’s contingencies by $225,000 for a total not-to-exceed amount of $451,610.

 

 

documentStaff Report Printout
16. Consideration of a contract with USA Waste of California, Inc., for refuse and recycling services. Approved [4 to 1]

BACKGROUND

The City Council entered into an amended and restated contract with USA Waste of California, Inc. (Waste Management) for refuse and recycling services on January 1, 2012.  The term of the contract is seven-years with a three-year evergreen. The evergreen ensures that the term of the contract remains at a minimum of three-years indefinitely unless the City Council takes action to terminate the renewal provision in the contract.

On November 3, 2015, the City Council moved to terminate the renewal provision in the contract invoking the term balance of three-years.  Subsequently, the Solid Waste Committee (appointed Council members), directed staff to prepare a presentation for a public workshop to evaluate the City's current contract with Waste Management.  The workshop was held on February 21, 2017.  Staff's presentation included a discussion on long-term disposal options, liability protection, legislation, service offerings and a rate analysis. The Council then directed the Solid Waste Committee (Committee) to meet with Waste Management for the purpose to negotiate a new contract for integrated waste management services and to include compliance with new legislation, incentivized programs, and street sweeping.

 

ISSUES/ANALYSIS

The Committee and Waste Management, in good faith, negotiated a new proposed contract, which includes over $15 Million in contributions for City programs and capital improvements.  The new programs and services recommended by the Committee will be included as part of the proposed contract, which provides solutions to unfunded mandates imposed by the State, enhances existing programs, and provides significant financial savings to the City and its customers.  The new enhancements are as follows:


New Term

The term is fifteen-years, commencing on January 1, 2018 and expiring at the close of business on December 31, 2033.  By mutual agreement, the contract may be extended for an additional five-years.  The new term is necessary in protecting the interests of the City and Waste Management, as it allows enough time for the hauler to amortize equipment.  Additionally, Waste Management will be contributing over a $1 Million in annual contributions for programs and projects that would otherwise be charged to the General Fund, the Sanitation Fund, and or the customer.  The cost savings over the term of the agreement is over $15 Million and is detailed in Exhibit 1.


Disposal

The City has two (2) viable options for disposal: 1) Mid Valley Landfill located in Rialto, San Bernardino County and 2) El Sobrante Landfill, located in the unincorporated area of Riverside County.

City staff met with the County of San Bernardino (County) to explore the idea of a Waste Delivery Agreement (WDA) for a reduced rate of $37.00 per ton, which is the negotiated rate for the County’s WDA Cities.  The WDA would require the City to exclusively utilize the Mid-Valley Landfill for a set term. 

Due to the distance of both landfills (which are equidistant to the City) a hauler would need several additional trucks to maintain the level of service currently provided if they were to direct haul to either landfill.  Currently, Chino’s refuse is hauled to a transfer station in Pomona (6 miles away) where it is off-loaded and transferred into larger trucks and then hauled to the El Sobrante Landfill.  The $37.00 per ton WDA rate does not include a transfer fee.  However, the tipping fee at El Sobrante (effective July 1, 2017) is $43.16 and is inclusive of all costs associated with transfer and disposal.  The Committee negotiated with Waste Management to reduce the transfer charge by $6.16, bringing the new per ton rate for El Sobrante Landfill to $37.00 for residential customers exclusively.  Consequently, this reduces the single-family residential rate by $.66 from $24.99 to $24.33 if the contract is approved.  The City of Chino has the second lowest rate in the County as outlined in Exhibit 1.

Additionally, El Sobrante Landfill was expanded to provide decades of additional capacity, which ensures a stable disposal location for Chino's refuse for the proposed term of the agreement and beyond.  The City is fully indemnified under the terms of the Comprehensive Environmental Responsibility Compensation and Liability Act (CERLA) for past and future use of El Sobrante Landfill. 


Capital Projects Alley/Street Program

Waste Management will contribute $562,000 annually (for the term of the contract) toward the City’s capital projects.  This will augment costs for the City’s annual Street and Alley Rehabilitation projects that are funded from the General Fund and the Sanitation Fund.  The annual payment will be escalated by the McGraw-Hill Construction Cost Index annually.  


Street Sweeping

Waste Management will provide street sweeping services to the City at no additional cost.  Currently, the City contracts services with Athens Waste for roughly $350,000 per year.  The fees collected through the monthly billing from customers completely off-set the cost for this contract.  Waste Management estimates that the value of these street sweeping services is $300,000 annually and will equate to an additional cost savings of $2.34 per month per residential household.     


Bi-Annual Citywide Cleanup Events

Waste Management will host two (2) bi-annual cleanup events for Chino residents at various locations.  Waste Management will coordinate the logistics, equipment, staff and outreach.  The City has taken the lead on these events in the past, but is unable to accommodate the event due to growth in participation, and volumes of materials collected


Bi-Annual Newsletter

Waste Management will provide a one-page newsletter to be distributed annually in residential water billing.  Waste Management will advertise programs offered such as SHARPS, bulky item collections, and updates on recycling programs.  The City will use the reverse side of the newsletter to advertise City programs and events.


Commercial/Roll-Off Billing

Waste Management proposes to assume responsibility for all commercial and roll-off collection services.  The City would continue billing for residential services, and the City would retain the billing fee of 2.85% on billed revenue for all lines of business. 

The transition for commercial and roll-off service would be easy to implement and a seamless change.  Waste Management handling commercial accounts would increase the City’s ability to meet State mandates and increase commercial diversion results.  This would be accomplished by providing additional information to customers regarding services offered to comply with AB 341 (Commercial and Multi Family Recycling) and AB1826 (Organics Recycling).

Conclusion

All existing programs provided under the current contract (as outlined in Exhibit 1) are included as part of the proposed contract.  Waste Management has provided exceptional services to the community with less than 1% error for all services offered.  Additionally, Waste Management has and will continue its efforts as a community partner to the City and its local non-profits.  The proposed contract will reduce the single-family utility billing by $3.00 per month ($0.66 refuse/recycling and $2.34 street sweeping) for residential customers.  It should be noted that the City’s rates are competitive, and considered some of the lowest county-wide.  Waste Management will continue its efforts in meeting State mandated requirements for waste diversion programs and facilitate the City in meeting goals for annual reporting purposes.  Lastly, Waste Management will contribute $1 Million annually in incentivized programs by providing street sweeping services, valued at $300,000 annually, and an Alley/Street Program annual payment in the amount of $562,000.  The reduced tipping fee of $37.00 per ton for residential customers will provide an annual savings of $138,000 through the term of the contract.  This equates to $15 Million in contributions as well as a reduction in the residential billing over the life of the contract.

Therefore, the Committee is recommending that the City Council approve the new waste services contract with Waste Management for a 15-year term, and authorize the City Manager to execute all necessary documents on behalf of the City. 

 

 

documentStaff Report Printout
a. USA Waste of CA Exhibit 1
b. WM Contract
c. Exhibit D
IX. MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Pro Tem Haughey
Council Member Duncan
Council Member Elrod
Council Member George
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
X. ADJOURN