I. ROLL CALL
Roll Call
II. CLOSED SESSION
III. FLAG SALUTE
IV. CEREMONIALS
Proclamations
Domestic Violence Awareness Month - October 2017.

June Sano, Clinical Specialist, City of Chino; and Pat Bell, Director of Development, House of Ruth, will be present to accept the proclamation. 

 

Note:  Script for the Mayor is also attached.

a. Domestic Violence Week
Fire Prevention Week - October 8 - 14, 2017
a. Fire Prevention Week
Presentations
Mayor's Home Beautification Award - October 2017.
a. MHBA
V. PUBLIC COMMUNICATIONS
VI. CONSENT CALENDAR
1. Approve expenses as audited and within budget for warrants 735898 to 736067, and Electronic Fund Transfers 505300E to 505369E, totaling $1,774,908.33. 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.

735898 to 735991

8/31/17

17-18

$715,439.09

2.

505300E to 505338E

9/1/17

17-18

$137,817.14

3.

735992 to 736001

8/31/17

16-17

$175,294.52

4.

505339E to 505343E

9/1/17

16-17

$354,041.95

5.

736002 to 736062

9/7/17

17-18

$87,666.03

6.

505344E to 505369E

9/8/17

17-18

$171,201.00

7.

736063 to 736066

9/7/17

16-17

$129,939.21

8.

736067

9/7/17

16-17

$3,509.39

9.

 

 

 

 

10.

 

 

 

 

     

     

*Denotes handwritten warrant

E: Electronic Funds Transfer

 

TOTAL

$1,774,908.33

 

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 10-3-17
2. Minutes. Regular Meeting of September 19, 2017 (all Members present) Approved By Consent Vote [Unanimous]
3. 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. Exhibit A
4. Adopt Resolution No. 2017-049 providing a status report on the emergency conditions for water treatment services at the Eastside and Benson Water Treatment Facilities. Approved By Consent Vote [Unanimous]

BACKGROUND

On August 15, 2017 the City Council approved Resolution No. 2017-044 declaring an emergency condition and approving the execution of a contract for water treatment facilities.  Section four of Resolution No. 2017-044 calls for a report describing the status of emergency circumstances to be provided by the City Manager at each City Council meeting until either the installation of the treatment facilities has been completed or the emergency conditions cease to exist.

 

ISSUES/ANALYSIS

The following is a report on the status of the emergency circumstances as outlined in the attached Resolution No. 2017-049:

 

Since the time of the last (September 19, 2017) report on this subject, there have not been any changes to the State-imposed MCL for 123TCP and there have not been any changes to the water quality produced by affected city wells.

 

Work to install the granular activated carbon water treatment equipment is processing in accordance with the approved schedule and equipment submittals are under review.

 

Benson Site

·         Foundation design and structural calculations in-process pending results of soil testing

 

Eastside Site

·         Foundation design and structural calculations have been submitted and are currently under review by City staff.

 

On September 19, 2017, City staff and a representative from RC Foster met with the State Water Resources Control Board, Division of Drinking Water (DDW) to review the requirements associated with the domestic water supply permit amendment.  This permit amendment is necessary to incorporate these new treatment facilities into the City’s water supply system. Throughout the construction, and during the testing of these new facilities, City staff will coordinate with RC foster and DDW to complete and submit the permit amendment application for DDW review and approval.

 

 

documentStaff Report Printout
a. Status report - Emergency conditions resolution--
5. Reject liability claim filed by Pedro Barragan Lopez submitted on September 7, 2017 alleging multiple bodily injuries when he tripped and fell while walking in Ayala Park. Approved By Consent Vote [Unanimous]

BACKGROUND

On August 5, 2017, at approximately 10:00 p.m. claimant alleges he tripped and fell on a rope while walking to the picnic area at Ayala Park, 14225 Central Ave.  He asserts that the City failed to monitor and keep the designated walk-way area in a safe manner, creating a hazardous condition.  Amount demanded is "unknown yet".

 

ISSUES/ANALYSIS

An investigation into the claim revealed that neither park staff nor the Chino Police Department were notified of this incident.  Park security lights were automatically turned on from August 5, 2017, 7:30 p.m. through August 6, 2017, 6:00 a.m.

Claimant did not submit supporting documentation such as photos or medical reports to assist in substantiating his claim.

Therefore, City staff recommends that the claim be rejected and proper notification be sent to claimant.  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.

 

 

documentStaff Report Printout
a. Redacted Claim Against the City - Pedro Barragan Lopez
6. Reject liability claim filed by Antonia Lopez submitted on September 7, 2017 alleging Loss of Consortium after her husband tripped and fell while walking in Ayala Park. Approved By Consent Vote [Unanimous]

BACKGROUND

On August 5, 2017, at approximately 10:00 p.m., claimant alleges that her husband Pedro Barragan Lopez tripped and fell on a rope while walking to the picnic area at Ayala Park, 14225 Central Avenue.  She asserts that the City failed to monitor and keep the designated walk-way area in a safe manner, creating a hazardous condition. There is no amount claimed. Claimant alleges Loss of Consortium.


ISSUES/ANALYSIS

An investigation into the claim revealed that neither park staff nor the Chino Police Department were notified of this incident.  Park security lights were automatically turned on from August 5, 2017, 7:30 p.m. through August 6, 2017, 6:00 a.m.

Claimant did not submit supporting documentation such as photos or medical reports of her husband’s injury to assist in substantiating her claim.

Therefore, staff recommends that this claim also be rejected and proper notification be sent to claimant.  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.

 

 

documentStaff Report Printout
a. Redacted Claim Against the City - Antonia Lopez
7. Appropriate $20,000 from the unappropriated reserves of the Asset Forfeiture Department of Justice Fund to purchase four Pan-Tilt-Zoom Cameras 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

In a recent review of the City's security camera system, it was identified that there is currently a camera in place at City Yards that is mounted on a pole that depicts the perimeter wall of the facility.  This wall borders City Yards and Villa Park.  The Police Department would like to mount an additional camera to this pole that would provide camera footage of Villa Park. Other locations were we would mount cameras would include Monte Vista Park, Aguirre Square and the Community Building. The video feeds would be accessed from the Watch Commander's office, as it would be integrated with the Video Insight and Genetec programs.  The camera best suited for this deployment would be a Pan-Tilt-Zoom because it would provide camera footage of a large area with the ability to zoom into different locations.  These cameras would assist our department in our crime fighting efforts in our public parks and other high traffic areas.  This purchase would include four (4) outdoor PZT cameras, transformers, camera connections and installation.  Additionally, we will purchase signage to be posted at each location to notify the public that the area is under surveillance.  Any remainder of funds following these purchases would be used for new equipment, the replacement of non-operational equipment and/or training.

 

documentStaff Report Printout
8. Review The Preserve Development Agreement Annual Monitoring Report and authorize the issuance of a Certificate of Compliance. Approved By Consent Vote [Unanimous]

BACKGROUND

In June 2004, the City entered into a Development Agreement (DA) with three entities of the Lewis Operating Company (LOC) known as Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC.  The Agreement was entered into to help guide the orderly development of the Agricultural Preserve Subarea 2 (The Preserve), which was envisioned as a master planned residential and commercial community.  Further, the Agreement set out the terms and conditions of development on property owned by LOC, and established the rights and obligations of LOC and the City of Chino during the course of development.

At the time of the Development Agreement approval, LOC owned or controlled 1,125 of the approximately 2,500 developable acres in The Preserve.  Since the time of the Agreement, LOC has acquired additional property for future development.

In December 2008, the City Council approved an amendment to the 2004 Development Agreement.  This amendment provided for additional units to be constructed in The Preserve and adjusted certain due dates for the development of an affordable housing project. The City Council approved a second amendment to the Development Agreement in 2013.

 

ISSUES/ANALYSIS

One provision of the Preserve Development Agreement is the requirement for an annual review of the terms and conditions of the Agreement, along with the production of an Annual Monitoring Report.  Pursuant to Article 11 of the Agreement, the Owners (LOC) are required to produce an annual monitoring report demonstrating the Owners’ compliance with the terms and conditions of the Agreement.  Upon receipt of the monitoring report, City staff is to conduct an analysis of the report to determine its accuracy, and then submit a report to the City Council indicating compliance or lack of compliance with the terms and conditions of the Agreement.  The Owners have the right to request a formal Certificate of Compliance from the City Council.

The Owners have submitted the annual monitoring report to the City, and staff has completed its analysis of the information contained in the report. Section 4.3 of the Development Agreement provided a schedule of development, that established a minimum number of residential units that LOC was required to construct and obtain occupancy on per year. The schedule started with 100 units per year in the first 10 years of the agreement, accelerating to 600 units per year in the last 10. With the unanticipated economic downturn of 2008-2010 and its impact to southern California's housing market, this schedule has not been attainable, and LOC was short approximately 240 units of their required goal on July 1, 2017.

Staff and LOC are currently working on revisions to address the schedule of development, as well as clarifications to other sections. For this reporting period, LOC is requesting that the City Council determine substantial compliance with the Development Agreement, waiving compliance with section 4.3 for the reasons stated above. The revisions will come before the City Council for approval at a future hearing.

Based on the review of the annual monitoring report, staff has determined that the Owners are in substantial compliance with the requirements of the Preserve Development Agreement for the period July 1, 2016 through June 30, 2017. LOC has requested that the City provide LOC a formal Certificate of Compliance relating to this annual review.

NL/ro

documentStaff Report Printout
a. LOC DA Certificate of Compliance 2017
b. Annual Monitoring Report
9. Adopt Resolution No. 2017-052 consenting to the inclusion of properties within the City of Chino in the California Municipal Finance Authority (“CMFA”) Open Property Assessed Clean Energy (“PACE”) Program. Approved By Consent Vote [Unanimous]

BACKGROUND

The City of Chino is a current member of two Joint Power Authorities (“JPAs”) offering Property Assessed Clean Energy (PACE) programs. PACE programs provide a way to finance energy efficiency, water efficiency, and renewable energy upgrades for existing residential and commercial properties.  Property owners who wish to participate in the program agree to repay the amount borrowed through the voluntary contractual assessment collected as part of their property taxes. One of the most notable characteristics of the PACE program is that the loan is attached to the property rather than belonging to an individual. Therefore, when the owner sells the property, the loan may be paid off during the sale or stay with the property and be paid off by the new owner, who also benefits from the upgrades that were completed to the property. The eight current residential and commercial program administrators providing PACE financing in the City include HERO, Alliance NRG, California First, CleanFund, Counterpointe SRE, PACE Funding Group, Spruce, and Ygrene.

 

ISSUES/ANALYSIS

The California Municipal Finance Authority (“CMFA”) is a JPA formed to assist local governments, non-profit organizations, and businesses by providing financing of economic development and charitable activities throughout California.  To date, over 260 municipalities in the State, including the City of Chino, are members of the CMFA.  As part of its economic and community development undertaking, the CMFA along with its current program administrators: Energy Efficient Equity, Inc.; BlueFlame PACE Services LLC; OnPACE Energy Solutions, LLC; Structured Finance Associates, LLC; and Petros PACE Administrators, LLC are now offering PACE financing for both residential and commercial property owners in its member territories. The CMFA is expected to issue limited obligation bonds, notes or other forms of obligation to fund the projects.

 

While the five program administrators under the CMFA are similar in nature to those currently providing PACE financing in the City, the new program administrators will simply provide additional choices for property owners who choose to finance energy efficient improvements through voluntary property tax assessments instead of through a traditional loan process. See the attached matrix identifying the existing and proposed PACE administrators and the programs they provide.

 

The attached resolution authorizes the CMFA to accept applications from owners of property within the City for municipal financing of authorized improvements through the CMFA JPA. It also authorizes the CMFA to conduct assessment proceedings and levy assessments against the property of participating owners within the incorporated territory of the City.

 

ENVIRONMENTAL IMPACT

Participation in the CMFA PACE Financing Program is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(4) of the Guidelines because the creation of government funding mechanisms or other government fiscal activities which does not involve any commitment to a specific project that may result in a potentially significant physical impact on the environment is not defined as a “project” subject to CEQA.

Attachments:              Resolution No. 2017-052

                            PACE Program Administrator Matrix

documentStaff Report Printout
a. Reso 2017-052 10-3-2017 CC - Final
b. PACE Provider Matrix Example 10-3-2017 CC - Final
10. Approve a contract with Jimmy L. Gutierrez, A Law Corporation for legal services in the amount of $550,000 Approved By Consent Vote [Unanimous]

BACKGROUND

Jimmy L. Gutierrez, a Law Corporation, is representing the City in concurrence with multiple legal consultants in the ongoing cases of Chino MHC, LP v. City of Chino (Lamplighter) and Chino Basin Municipal Water District v. City of Chino (Watermaster). These legal services are being provided from litigation that arose during Mr. Jimmy Gutierrez’s service as City Attorney. Jimmy L. Gutierrez will continue to provide these legal services as an independent consultant until said issues are resolved. For these reasons, the legal services from Jimmy L. Gutierrez is considered a sole source service and is not subject to competitive pricing per Chino Municipal Code Section 3.32.060.

 

ISSUES/ANALYSIS

This request will approve a contract for legal services with a not to exceed amount of $550,000. This contract will be retro-active to July 1, 2017. No appropriation is required as the expenditures are within the adopted Fiscal Year 2017-18 Budgeted Appropriations.  Expenditures are projected to total $550,000.

 

 

 

Attachment: Agreement for Professional Services

documentStaff Report Printout
a. Jimmy L Gutierrez agreement
VII. NEW BUSINESS
11. Award a contract to Best Drilling and Pump, Inc., Colton, CA in the amount of $96,838 for Well No. 5 Repairs. Approved [Unanimous]

BACKGROUND

Well No. 5 was initially placed into operation in 1958.  It is one of three City wells that supply groundwater to the Benson Water Treatment Plant.  In Winter 2015, Well No. 5 experienced a pump failure and was removed from service.  Because Well No. 5 was not originally designed to supply water to the Benson Water Treatment Plant, when the well was in-service and supplying water to the treatment plant, it operated less efficiently than desired.  And, because Well No. 5 – produced groundwater is necessary to optimally utilize the Benson Water Treatment Plant capacity, the repair of the Well No. 5 pump involves a re-design/specification of the pump equipment. 

 

ISSUES/ANALYSIS

Plans and specifications were prepared for Well No. 5, and on July 27, 2017 a Notice Inviting Bids was published on PlanetBids.  On Tuesday, August 22, 2017 at 10:01 a.m., seven (7) bids were received and opened with the following results:

 

 

Company Name

Total Bid Amount

1

Best Drilling & Pump Inc., Colton, CA

$96,838.00

2

Legend Pump & Well Service, Rialto, CA

$115,663.00

3

Weber Water Resources, Corona, CA

$117,407.89

4

Layne Christensen Co., Redlands, CA

$118,305.00

5

Southwest Pump & Drilling, Coachella, CA

$136,000.00

6

Bakersfield Well & Pump, Bakersfield, CA

$141,917.00

7

General Pump Company, San Dimas, CA

$151,265.00

 

Best Drilling & Pump Inc., Colton, CA is properly licensed; and thus deemed to be the lowest responsible and responsive bidder with a bid amount of $96,838.00.  In addition, staff is requesting authorization to spend up to $9,683.00 for project contingencies, for a total potential project cost of $106,521.00.

 

 

documentStaff Report Printout
a. BEST- Contract Notary
VIII. MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Pro Tem Haughey
Council Member Elrod
Council Member George
Council Member Rodriguez
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
IX. ADJOURN