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    13.    
City Council Regular
Meeting Date: 01/22/2019  

SUBJECT:
AMENDMENT NO. 1 TO AGREEMENT A2018-146 WITH SANTA  ANA WATERSHED ASSOCIATION FOR CARBON CANYON BIOMASS REDUCTION PROJECT
RECOMMENDATION:
  1. Find that the exception to competitive bidding procedures under Chino Hills Municipal Code Section 3.18.050.D applies because Santa Ana Watershed Association (SAWA)  has demonstrated competence and qualifications for the types of services to be performed as well as experience and knowledge of the City and authorize the execution of Amendment No.1 to Agreement A2018-146 with Santa Ana Watershed Association (SAWA) in an amount not-to-exceed $32,829.93 for additional biomass reduction in Carbon Canyon Creek, for a total not-to-exceed amount of $88,419.63.
     
  2. Adopt a Resolution entitled:  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR FISCAL YEAR 2018-19 INCREASING THE GENERAL FUND BUDGET BY $32,830 FOR THE CARBON CANYON BIOMASS REDUCTION PROJECT. 
     
  3. Ratify the extension of the terms of Agreement No. A2018-146 to June 30, 2019 pursuant to the Extension Letter from the City Manager dated November 29, 2018.
BACKGROUND/ANALYSIS:
The streambed in Carbon Canyon has natural vegetation that can make the area susceptible to wildfire.  On June 26, 2018, the City Council approved Agreement A2018-146 in the amount of $55,589.70 for the most critical biomass reduction on approximately 1.3 miles along the streambed area from the bridge, which runs under State Highway 142, to Rosemary Lane.  SAWA completed the project at a reduced cost of $33,673.01, generating project savings of $21,916.69.
 
The second phase of this project is to perform similar biomass reduction along the streambed area from the bridge northward, which runs under State Highway 142, to 1248 Carbon Canyon Road (see Exhibit A). This phase of the project, costing $54,746.62, was planned for next fiscal year. However, due to recent fire concerns statewide, staff is recommending Amendment No. 1 to Agreement A2018-146 in order to complete this project in the current fiscal year. By applying the $21,916.69 savings from the original phase, the project will only require an additional $32,829.93, for a total not-to-exceed agreement amount of $88,419.63. 
 
SAWA, a non-profit 501c, develops, coordinates, and implements natural resource programs that support a sustainable ecosystem and social benefits from the San Bernardino Mountains to the Pacific Ocean. They specialize in streambed restoration and are uniquely qualified to process all permits and perform necessary regulatory compliance.  SAWA has special permits, such as the 1600 Lake or Streambed Alteration Agreement with the California Department of Fish and Wildlife and 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 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. permits the City Council to waive competitive procedures when it finds that such a 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 a waiver is desirable and in conformance with state law, and authorize the agreement with SAWA for biomass reduction in Carbon Canyon Creek.
ENVIRONMENTAL (CEQA) REVIEW:
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.
FISCAL IMPACT:
The proposed budget amendment will increase the expenditure budget in the General Fund by $32,830 which will result in a $32,830 decrease in the General Fund projected ending fund balance.
REVIEWED BY OTHERS:
The Finance Director has reviewed this agenda item.
Attachments
Exhibit A - Map of Work
Budget Resolution 19B035
SAWA Amendment No. 1
Extension Letter

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