BACKGROUND: Senate Bill No. 1383 ( SB 1383) ( Lara, Chapter 395, Statutes of 2016) was signed into law on September 19, 2016, to reduce organic waste disposal by 75% and increase edible food recovery by 20% by 2025. As a result of SB 1383, the California Department of Resources Recycling and Recovery ( CalRecycle), which is the state department tasked with administering California' s waste and recycling programs, developed prescriptive regulations to achieve the State' s outlined organic waste disposal goals by 2025. In November 2020, CalRecycle released the final regulations for SB 1383. The City is required to adopt a purchasing policy that reflects the procurement requirements in SB 1383 Regulations.
The City' s current informal policy ( attached as Attachment " T') is to purchase recycled office products instead of non -recycled office products whenever available at no more than 25% above the total cost of non -recycled office products, fitness and quality being equal. The proposed policy required by S131383 specifies that if fitness, quality, and price of Recycled -Content Paper Products and Recycled - Content Printing and Writing Paper are equal to that of non -recycled items, all departments and divisions shall purchase Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper that consist of at least thirty percent ( 30%), by fiber weight, postconsumer fiber DISCUSSION: The proposed ordinance is a critical element of the City' s efforts to comply with SB 1383 Procurement requirements and the corresponding CalRecycle regulations. The proposed ordinance addresses key elements of SB 1383 compliance, including the following:
1. Procure recycled content paper containing a minimum of 30% postconsumer recycled content, and procure recovered organic waste products ( i. e., compost, mulch, biomass, and renewable natural gas) at levels prescribed by the state annually.
2. Keep specified records and report implementation efforts.
3. Meet and enforce California Green Building Standards Code ( CALGreen) and Model Water Efficient Landscape Ordinance ( MWELO) requirements. The City has adopted CALGreen requirements as part of its building code update. The City also has in place a water efficient landscape ordinance, which reflects the model ordinance.
During the review process to modify the Purchasing System section of the Municipal Code City Staff proposed to update the current authority limits for equipment, supplies and professional services.
The authority limits for equipment, supplies and professional services were last updated in 2006.
Considering the current status of inflation in addition to the sixteen years since these limits were last updated, City Staff believes the current authority limits need to be updated. The proposed authority limits were taken from the City of Yucaipa who recently updated their purchasing policy. Please see attachment ' A" for a list of current authority limits and proposed authority limits.
This item was presented to the Finance/ Personnel Subcommittee on November 15, 2022 and recommends the City Council introduce the proposed ordinance.
Attachments: 1. Proposed Ordinance
2. Summary of Proposed Ordinance
3. Current Informal Recycled Content Procurement Policy
4. List of current authority limits and proposed authority limits -2-
ATTACHMENT 1
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HIGHLAND, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 2. 40
PURCHASING SYSTEM) AND MAKING A FINDING OF EXEMPTION
UNDER CEQA GUIDELINES SECTION 15061( B)( 3)
WHEREAS, the City Council adopted Ordinance No. 134 in 1991, creating a central purchasing system and established general rules and procedures for the acquisition of supplies, services, and equipment; and
WHEREAS, the City Council adopted Ordinance No. 175 on May 24, 1994, amending the Highland Municipal Code relating to general rules and procedures for the acquisition of supplies, services, and equipment; and
WHEREAS, the City Council adopted Ordinance No. 224 on September 9, 1997, amending the Highland Municipal Code adding authority limits for professional services; and
WHEREAS, the City Council adopted Ordinance No. 310 on November 14, 2006, amending the Highland Municipal Code relating to the levels of authority for the purchase of supplies, equipment, and professional services; and
WHEREAS, the City Council desires to further amend Chapter 2. 40 entitled Purchasing System," contained within Title 2 of the Highland Municipal Code, specifically amending the provision regarding the purchasing of certain services or goods that would be exempt from the competitive procedures set forth in the Highland Municipal Code, amending the monetary thresholds related to certain purchases and bid processes, and adding a new provision regarding the City' s procurement of recycled materials and recovered organic waste products in compliance with Senate Bill 1383.
THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 2.40. 070 ( Bid procedures) of Chapter 2.40 ( Purchasing System) of Title 2 (Administration and Personnel) of the Highland Municipal Code is hereby amended to read in its entirety as follows:
2. 40. 070. Bid procedures.
Purchases of supplies and equipment shall be by bid procedures pursuant to HMC
2.40. 100 and 2. 40. 110. Bidding may be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply, or when the amount involved is less than $ 15,000 or when the commodity can be obtained from only one vendor. Any bid received shall not be disclosed to any other bidder until the bidding is closed.
Procurements which by their nature are not suited to award by competitive bidding shall not be subject to the competitive requirements and/ or approval limits specified in this -4-
1 Chapter as identified in the table below. The City Manager or Purchasing Officer shall have the authority to approve the following items:
Exempt Exempt
from from
Description Competitive Approval
Procedure Authority
Limits in
Section
2. 40. 100
1. Utility services such as water, electric
power, natural gas, telephone, and internet X X
service provider, except when alternative
supplies or services are available.
2. Witness and jury fees and other payments X X
as may be ordered by the court.
3. Medicines or medical supplies or services
which are not generic in nature, and which X
would not be available from other sources
through competitive bid or negotiation.
4. Advertisements and Notices ( unless
X
required by the Public Contracts Code
5. Courier/Delivery/Messenger X
6. Emergency Fuel Purchases X X
7. Contracts for Insurance are not subject to X X
competitive bidding
8. Contracts for Medical Services X
9. Membership Dues X
10. Pro erty Rentals X
11. Real Prope rt / Easement Acquisition X
12. Subscriptions X
13. Trade Circulars / Books / Periodicals /
X
Subscriptions
14. Travel Expense/Advances X
15. Seminars/ Conferences X
16. Required Government or Regulatory X
Goods and Services
17. Purchases made on behalf of a third -
party, for which that third -party will be
promptly and appropriately billable -
X X
excluding grant -related expenditures ( i. e.,
costs incurred on behalf of a customer
renting a facility)
18. Performing artists and any vendors for X X
city events
19. Urgent repairs to continue existing city X X
operations
20. Postage X X
21. Contracts for Banking Services X
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Exempt Exempt
from from
Description Competitive Approval
Procedure Authority
Limits in
Section_
2. 40. 100
22. Real estate purchases, leases, and
X
easements
23. Temporary staffing agencies agreements X
with staffing agencies
24. Professional Services X
25. California Correctional Industries
X
Division purchases
26. Materials purchased at Public Auction,
Bankruptcy Sale, or similar auction/ sale
X
where purchases are made significantly
below market cost
27. Other items for which a competitive
procurement procedure cannot be X
ractica ly applied.
28. Purchases where competitive bid
procedures have already been utilized, such
as purchases from federal, state or county
governments, including, state of California
agencies, counties, cities, joint power
agencies, special districts, and nonprofit
agencies whose main purpose is to assist X
cities or other public entities, and the
supplies or equipment are supplied to the
City at the same or better price, as was
obtained through the competitive bid
procedures of that entity.
Other items may be exempt from competitive procurement as determined by City Council authorization at any time."
SECTION 2. Section 2. 40. 080 ( Purchase orders) of Chapter 2. 40 ( Purchasing System) of Title 2 ( Administration and Personnel) of the Highland Municipal Code is hereby amended to read in its entirety as follows:
2. 40. 080. Purchase orders.
Purchases of supplies and equipment shall be made only by purchase orders in any amount exceeding $ 2, 500. 00. No purchase order is required for purchases of supplies and equipment in the amount of $ 2, 500. 00 or less. Except as otherwise provided in this chapter, no purchase order shall be issued unless the prior approval of the purchasing officer and his/ her designated representative has been obtained." -6-
3 SECTION 3. Section 2. 40. 100 ( Formal contract procedure) Chapter 2. 40 ( Purchasing System) of Title 2 ( Administration and Personnel) of the Highland Municipal Code is hereby amended to read in its entirety as follows:
2. 40. 100 Formal contract procedure.
Except as otherwise provided in this chapter, purchases of supplies and equipment of an estimated value of $ 50, 000 or more shall be by written contract with the lowest responsible bidder pursuant to the procedure hereinafter prescribed.
A. Notices Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid proposal forms and specifications may be secured, and the time and place for opening bids.
Published Notice. Notices inviting bids shall be published at least 10 days before the date of opening of the bids. Notices shall be published at least once in a newspaper of general circulation, printed, and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by resolution as the places for posting public notices.
2. Bidders' List. The purchasing officer shall also solicit sealed bids from all responsible perspective suppliers whose names are on the bidders' list or who have made written request that their names be added thereto.
B. Bidder' s Security. When deemed necessary by the purchasing officer, bidder' s security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided however, that a successful bidder shall forfeit his bid security upon the refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed, unless in the latter event the city is solely responsible for the delay in executing the contract. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder' s security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the city council rejects all bids presented and re -advertises, the amount of the lowest bidder' s security may be used to offset the cost of receiving new bids ( and the surplus, if any, shall be returned to the lowest bidder).
C. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing officer and shall be identified as "bids" on the envelope. Bids shall be opened in public at the time and place stated in the public notices. Bids shall be carefully safeguarded until the hour established for opening such bids. The purchasing officer shall read the name of each bidder and the total price. Unit prices will be read upon request. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.
D. Rejection of Bids. In its discretion, the city council may reject all bids presented and re -advertise for bids pursuant to the procedure hereinabove prescribed. -7-
0 E. Award of Contracts. If the amount of any purchase or contract is $ 50, 000 or more, the contract shall be awarded by the city council to the lowest responsible bidder. If the amount of the purchase is between $ 15, 000 and $ 49, 999. 99, it may be considered informal and the city manager may award the contract to the lowest responsible bidder. Any purchase under $ 15, 000 may be considered informal and may be approved by the purchasing officer to the lowest responsible bidder.
F. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re -advertising for bids, the city council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening.
G. Performance Bonds. The city council shall have authority to require a performance bond before entering a contract in such amount as it shall find necessary to protect the best interests of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids." SECTION 4. Section 2.40. 110 ( Open market procedure) of Chapter 2. 40 ( Purchasing System) of Title 2 ( Administration and Personnel) of the Highland Municipal Code is hereby amended to read in its entirety as follows:
2. 40. 110 Open market procedure.
Purchases of supplies and equipment of an estimated value in the amount of $49, 999. 99 or less may be made by the City Manager to the lowest responsible bidder and 14, 999. 99 or less may be made by the purchasing officer, to the lowest responsible bidder, in the open market pursuant to the procedure hereinafter prescribed and without observing the procedure prescribed in HMC 2. 40. 100; provided, however, all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of less than $ 2, 500 or when deemed necessary by the city manager for the preservation of life and property.
A. Minimum Number of Bids. Open market purchases shall, wherever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder.
B. Blanket Purchase Orders. It shall be the responsibility of the purchasing officer to issue single purchase orders for a term up to a full fiscal year for the receipt of certain supplies in instances when only one vendor is available, or wherein bids have been received and awarded for purchases over an extended term not to exceed a fiscal year, or in other routine and reoccurring purchases.
C. Cooperative Agreements. The purchasing officer may enter into purchasing agreements with other governmental agencies ( cities, counties, the state, etc.) and cooperative purchasing groups ( Sourcewell, US Communities, etc.) for the purchase of items, consistent with the provisions of this chapter. He/ she may, with the consent of the city manager, enter into lease purchase agreements.
D. Used Furniture and Equipment. Where the city desires to purchase used furniture and/ or equipment, the bid process will not apply. The specifications will be such that -8-
5 the item be purchased " as is." Used items will be purchased when the quality of the product is acceptable to the city's needs."
SECTION 5. Section 2. 40. 135 ( Professional services) of Chapter 2. 40 ( Purchasing System) of Title 2 ( Administration and Personnel) of the Highland Municipal Code is hereby amended to read in its entirety as follows:
2. 40. 135 Professional services.
For those professional services that are bid by request for proposal that exceed $ 100, 000, the service shall be awarded by the city council; for services of $50, 000 to $ 99, 999. 99, by the City Manager with approval by the finance subcommittee; or less than $ 50, 000, by the city manager. The request for proposal will be specific to the type of service to be performed. Award shall be made to the most qualified and responsible bidder. Any contract for professional services such as attorneys, physicians, architects, engineers, consultants, accountants, specialized printers or other individuals or organizations possessing a high degree of professional, unique, specialized or technical skill or expertise are not subject to a formal bid process."
SECTION 6. A new Section 2.40. 150 entitled " Purchasing Recycled Materials and Recovered Organic Waste Products" shall be added to Chapter 2. 40 ( Purchasing System) of Title 2 ( Administration and Personnel) of the Highland Municipal Code to read in its entirety as follows:
2. 40. 150 Purchasing Recycled Materials and Recovered Organic Waste Products.
A. Policy. It is the policy of the City to be a good steward of the environment by conserving and protecting natural resources along with demonstrating compliance with the Waste Management Reduction Act and the Short -Lived Climate Pollutant Reduction Act known as Senate Bill 1383 (" SB 1383"). The maintenance of a quality environment for the citizens of the City is an ongoing endeavor. Considering these statements, it is the policy of the City to encourage the use of recycled materials whenever possible, where the fitness and quality of recycled materials are equal to and cost no more than non - Recycled Products. It is also the policy of the City to encourage the Procurement of Recovered Organic Waste Products to assist the City in meeting its Annual Recovered Organic Waste Procurement Target pursuant to 14 California Code of Regulations CCR") Section 18933. 1. Accordingly, whenever Practicable, departments shall use Recycled Products, Recycled Materials and Recovered Organic Waste Products to meet their needs.
B. Definitions.
Annual Recovered Organic Waste Product Procurement Target" means the amount of Organic Waste in the form of Recovered Organic Waste Products that the City is required to procure annually, as determined by CalRecycle, pursuant to 14 CCR Section 18993. 1.
Direct Service Provider" means a person, company, agency, district, or other entity that provides a service or services to the City pursuant to a contract or other written agreement; or, as otherwise defined in 14 CCR Section 18982( a)( 17). -9-
6 Organic Waste" means Solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges; or, as otherwise defined in 14 CCR Section 18982( a)( 46). Biosolids and digestate are as defined in 14 CCR Section 18982( a).
Paper Products" means to include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or, as otherwise defined in 14 CCR Section 18982( a)( 51).
Post -consumer" means finished materials or products that have served their intended use and would normally be disposed as solid waste. Examples of Post -Consumer recovered materials include the following: old newspaper, office paper, yard waste, steel, glass, aluminum cans, plastic bottles, oil, asphalt, concrete and tires.
Practicable" means sufficient in performance and available at a reasonable price within a reasonable time period.
Printing and Writing Papers" means to include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or, as otherwise defined in 14 CCR Section 18982( a)( 54).
Procurement" means the purchase or acquisition of Recovered Organic Waste Products, Paper Products or Printing and Writing Paper ( e. g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), either directly by the City or by Direct Service Providers or venders through written contracts or agreements for Procurement of Recovered Organic Waste Products, Paper Products or Printing and Writing Paper at the City' s behest, and end use by the City or others.
Publicly -Owned Treatment Works or POTV has the same meaning as in Section 403. 3( r) of Title 40 of the Code of Federal Regulations.
Recovered Organic Waste Products" means products made from California, landfill - diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility; or, as otherwise defined in 14 CCR Section 18982( a)( 60).
SB 1383 Recordkeeping Officer" means the public employee, or designee, appointed by the City Manager.
Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper" means products that consist of at least thirty percent ( 30%), by fiber weight, postconsumer fiber, consistent with the requirements of Sections 12200, 12209, and 22150 to 22154 of the Public Contract Code, as amended.
Recycled Material" means Waste material and by- products that have been recovered or diverted from the solid waste stream and that can be utilized in place of raw material in a product. Recycled materials may consist of material derived from Post -Consumer waste, -10-
N
manufacturing waste, industrial scrap, agricultural waste and other items, all of which can be used in the manufacture of new products.
Recycled Products" means products manufactured with Recycled Materials, including but not limited to, Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper.
SB 1383" means Senate Bill 1383 of 2016 approved by the California Governor on September 19, 2016, which added Sections 39730. 5, 39730. 6, 39730. 7, and 39730. 8 to the Health and Safety Code, and added Chapter 13. 1 ( commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short- lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.
SB 1383 Eligible Compost" means the product resulting from the controlled biological decomposition of organic solid waste that is source separated from the municipal solid waste stream or which is separated at a centralized facility that, pursuant to 14 CCR Section 18993. 1( f)( 1), is either produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3. 1 of Division 7 or produced at a large volume in -vessel digestion facility that composts on -site as defined and permitted under 14 CCR Chapter 3. 2 of Division 7 and meets the State' s composting operations regulatory requirements and any applicable limitations of Public Contract Code Section 22150.
SB 1383 Eligible Electricity" means electricity generated from a biomass facility that converts recovered Organic Waste, such as wood and prunings, from the municipal stream, into electricity and that, pursuant to 14 CCR Section 18993. 1( i), receives its feedstock directly from one or more of the following facilities during the duration of the applicable procurement compliance year:
1. A compostable material handling operation or facility as defined in CCR Section 17852( a)( 12) ( other than a chipping and grinding operation or facility as defined in CCR Section 17852( a)( 10)), that is permitted or authorized under 14 CCR Division 7; or
2. A transfer/ processing facility or transfer/ processing operation as defined in 14 CCR Sections 17402( a)( 30) and ( 31), respectively, that is permitted or authorized under 14 CCR Division 7; or
3. A solid waste landfill as defined in Public Resources Code Section 40195. 1 that is permitted under CCR Division 2 of Title 27.
SB 1383 Eligible Mulch" means mulch that meets the following conditions for the duration of the applicable procurement compliance year pursuant to 14 CCR Section 18993. 1( f)(4):
1. Is produced at one or more of the following facilities:
a. A compostable material handling operation or facility as defined in 14 CCR Section 17852( a)( 12), that is permitted or authorized under -11-
8 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852( a)( 10); or b. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402( a)( 30) and ( 31), respectively, that is permitted or authorized under 14 CCR Division 7; or, C. A solid waste landfill as defined in Public Resources Code Section 40195. 1 that is permitted under 27 CCR Division 2.
2. Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852( a) ( 24. 5) ( A) 1 through 3 as enforced by Section 8. 13. 120 of the City' s Municipal Code and applicable contracts.
SB 1383 Eligible Renewable Gas" means gas derived from Organic Waste that has been diverted from a landfill and processed at an in -vessel digestion facility that is permitted or otherwise authorized by CCR Title 14 to recover Organic Waste and is used for fuel for transportation, electricity or heating applications, and, if procured from a POTW, meets all of the conditions for the applicable procurement compliance year set out in 14 CCR Section 18993. 1( h).
SB 1383 Regulations" means the Short -Lived Climate Pollutants: Organic Waste Reductions regulations developed by California Department of Resources Recycling and Recovery and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.
C. General Policies.
1. All City departments shall use Recycled Products and Recovered Organic Waste Products whenever Practicable. Special emphasis shall be placed on the procurement and purchase of Recycled Materials, including the procurement of Recovered Organic Waste Products and the purchase of products manufactured with Post -Consumer Recycled Products.
2. All departments may, at their option and with purchasing department concurrence, require procurement of designated Recycled Materials, including Recycled Products and Recovered Organic Waste Products above the levels required by this Section 2. 40. 150.
3. The City' s contractors and consultants shall use and specify Recycled Materials, including Recycled Products, and Recovered Organic Waste Products in fulfilling contractual obligations whenever Practicable.
4. The City shall promote the use of Recycled Materials, including Recycled Products, and Recovered Organic Waste Products by publicizing the provisions of this Section 2. 40. 150 when appropriate.
D. Annual Recovered Organic Waste Procurement Target.
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9 1. The City will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target through the implementation of the provisions of this Section 2. 40. 150.
2. The City shall comply with Section 2.40. 150. D. 1 by one or both of the following:
a. Directly procuring Recovered Organic Waste Products and documenting such procurement;
b. Requiring, through a written contract or agreement, that a Direct Service Provider procure Recovered Organic Waste Products and provide written documentation of such procurement to the City.
3. The City shall identify additional procurement opportunities within the City' s departments for expanding the use of Recovered Organic Waste Products pursuant to 14 CCR Section 18993. 1( k) to assist in compliance with the provisions of this Section 2. 40. 150. D. 1.
4. The following products are eligible to meet the Annual Recovered Organic Waste Product Procurement Target, whether procured directly by the City or through a Direct Service Provider:
a. SB 1383 Eligible Compost;
b. SB 1383 Eligible Mulch;
c. SB 1383 Eligible Renewable Gas; and
d. SB 1383 Eligible Electricity.
E. Recovered Organic Waste Product Procurement
1. Requirements for City Departments
a. SB 1383 Eligible Compost and SB 1383 Eligible Mulch Procurement. City Departments shall:
Use SB 1383 Eligible Compost and SB 1383 Eligible Mulch for landscaping, maintenance, renovation, or construction, as Practicable, whenever available, and capable of meeting quality standards and criteria specified in this Section 2.40. 150. ii. Comply with Section 16. 40. 390 and Section 8. 13. 110 of the City' s Municipal Code.
iii. Keep and submit records as required under Section 2. 40. 150. E. 3. iv. When procurement of SB 1383 Eligible Mulch occurs through a Direct Service Provider, enter into a written contract or agreement or 10 -13-
execute a purchase order with enforceable provisions that includes:
i) definitions and specifications for SB 1383 Eligible Mulch; and, ( ii) an enforcement mechanism in the event the Direct Service Provider is not compliant with the requirements.
b. SB 1383 Eligible Renewable Gas Procurement. City Departments shall:
Procure SB 1383 Eligible Renewable Gas to the degree that it is available and Practicable for the City.
ii. Keep and submit records as required under Section 2. 40. 150. E. 3. c. SB 1383 Electricity. City Departments shall:
Procure SB 1383 Eligible Electricity to the degree that it is available and Practicable for the City.
ii. Keep and submit records as required under Section 2. 40. 150. E. 3.
2. Requirements for Direct Service Providers.
a. SB 1383 Eligible Compost and SB 1383 Eligible Mulch.
Direct Service Providers of landscaping maintenance, renovation, and construction shall:
1. Use SB 1383 Eligible Compost and SB 1383 Eligible Mulch for all landscaping renovations, construction, or maintenance performed for the City, whenever Practicable, and capable of meeting quality standards and criteria specified in this Section
2. 40. 150.
2. If applicable, comply with Section 16. 40. 390 and Section
8. 13. 110 of the City' s Municipal Code.
3. Enter into a written contract or agreement or execute a purchase order with enforceable provisions that includes: ( i) definitions and specifications for SB 1383 Eligible Mulch; and, ii) an enforcement mechanism in the event the Direct Service Provider is not compliant with the requirements.
4. Keep and provide records as required under Section
2. 40. 150. E. 3.
ii. Direct Service Provider of Organic Waste collection services shall:
1. Provide a specified quantity of SB 1383 Eligible Compost or SB 1383 Eligible Mulch to the City and its customers via 11 -14-
periodic " giveaways" as specified in the applicable franchise agreement or other agreement.
2. Keep and provide records as required under Section
2. 40. 150. E. 3.
b. Renewable Gas Procurement.
Direct Service Providers transporting solid waste, Organic Materials, and/ or Recyclable Materials shall procure some or all of their fuel as SB 1383 Eligible Renewable Gas if required to do so in requests for proposals and requests for qualifications released by the City for such services or as required by permit, license, written agreement, or written contract with the City.
ii. Direct Service Providers procuring SB 1383 Eligible Renewable Gas shall keep and submit records as required under Section
2. 40. 150. E. 3.
3. Procurement Records. For Recovered Organic Waste Products procured by the City, either directly or through a Direct Service Provider, the procuring City Department and/ or Direct Service Provider shall keep and submit to the SB 1383 Recordkeeping Officer, on a schedule to be determined by the SB 1383 Recordkeeping Officer and not less than annually, records of the following:
a. General procurement records for all Recovered Organic Waste Products:
General description of how and where the product was used and applied, if applicable;
ii. Name, physical location,
operation, or facility from
Products were procured;
and contact information for each entity,
m whom the Recovered Organic Waste
iii. Type of Recovered Organic Waste Products procured; iv. Quantity of each Recovered Organic Waste Product procured, and, V. Invoice or other record demonstrating purchase or procurement of the Recovered Organic Waste Product.
b. Additional Records for SB 1383 Eligible Compost and SB 1383 Eligible Mulch.
For SB 1383 Eligible Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or other types of distribution methods, records of the amount of SB 1383 Eligible Compost and SB 1383 Eligible Mulch provided to residents.
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12 For SIB 1383 Eligible Compost provided by a Direct Service Provided of Organic Waste Collection services, the date SIB 1383 Eligible Compost or SIB 1383 Eligible Mulch was provided in giveaways pursuant to a franchise agreement or other agreement.
iii. For procurement of SIB 1383 Eligible Mulch, an updated copy of the ordinance or enforceable mechanism( s) requiring that the SIB 1383 Eligible Mulch( see Section 8. 13. 120 of the City' s Municipal Code and applicable contracts), procured by the City or Direct Service Provider on behalf of the City meets the land application standards specified in 14 CCR Section 18993. 1( 4), as it may be amended from time to time.
c. Additional Records for SIB 1383 Eligible Renewable Gas from a POTW.
Pursuant to 14 CCR Section 18993. 2, an annual written certification by an authorized representative of the POTW, under penalty of perjury and in a form and manner determined by the City, certifying to the following for the applicable procurement compliance year:
The POTW is in compliance with the exclusion in 14 CCR
Section 17896. 6( a)( 1);
2. The total tons of Organic Waste received from the facilities listed in 14 CCR Section 18993. 1( h)( 1); and
3. The percentage of biosolids that the POTW produced and transported to activities that constitute landfill disposal. d. Additional Records for SIB 1383 Eligible Electricity:
i. An annual written certification by an authorized
representative of the biomass conversion facility, under penalty of perjury and in a form and manner determined by the City, certifying, for the applicable procurement compliance year, that the biomass feedstock was received from a permitted solid waste facility identified in 14 CCR Section 18993. 1( i).
F. Recycled - Content Paper Procurement
1. Requirements for City Departments. City Departments shall:
a. If fitness and quality of Recycled - Content Paper Products and Recycled - Content Printing and Writing Paper are equal to that of non -recycled items, City Departments shall purchase Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper that consist of at least thirty percent ( 30%), by fiber weight, postconsumer fiber, whenever available at the same or a lesser total cost than non -recycled items, consistent with the requirements of Public Contract Code Sections 12200, 12209, and 22150 through 22154 and Sections 12200 and 12209, as amended. -16-
13 2
b. Require all Paper Products and Printing and Writing Paper procured by the City Department to be eligible to be labeled with an unqualified recyclable label, as defined in Title 16 Code of Federal Regulations Section 260. 12, as published January 1, ( 2013).
C. Provide records pursuant to Section 2. 40. 150. E. 3.
Requirements for Venders.
a. All vendors that provide Paper Products and Printing and Writing Paper to the City shall:
If fitness and quality of Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper are equal to that of non -recycled items, provide to the City Recycled - Content Paper Products and Recycled -Content Printing and Writing Paper that consist of at least thirty percent ( 30%), by fiber weight, postconsumer fiber, whenever available at the same or a lesser total cost than non - recycled items, consistent with the requirements of Public Contract Code Sections 12200, 12209, and 22150 through 22154 and Sections 12200 and 12209, as amended.
Provide only Paper Products and Printing and Writing Papers that are eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260. 12 2013).
iii. Certify in writing, under penalty of perjury, in a form and manner determined by the City, the minimum percentage, or exact percentage if known, of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City.
This certification requirement may be waived by the City if the percentage of postconsumer material in the Paper Products or Printing and Writing Paper can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
iv. Certify in writing, under penalty of perjury, in a form and manner determined by the City, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260. 12 ( 2013).
V. Provide records pursuant to Section 2. 40. 150. E. 3. b. All vendors providing printing services to the City pursuant to a printing contract or written agreement shall use Printing and Writing Paper that consists of at least thirty percent ( 30%), by fiber weight, postconsumer fiber consistent with the requirements of Public Contract Code Sections 12200, -17-
T
12209, and 22150 through 22154 and Sections 12200 and 12209, as amended.
3. Procurement Records. All City Departments and vendors shall provide the following records to the SIB 1383 Recordkeeping Officer, on a schedule to be determined by the SB 1383 Recordkeeping Officer and not less than annually, of all the City Department and employee Paper Products and Printing and Writing Paper purchases (for both recycled -content and non -recycled content):
a. A copy of the invoice, receipt, or other documentation of purchase that describes the procurement of Paper Products and Printing and Writing Paper by volume and type;
b. Written certifications as required in Section 2. 40. 150. F. 2. a; C. Vendor name;
d. Purchaser name;
e. Quantity purchased;
f. Date purchased;
g. Recycled content ( including products that contain none); and h. If non -Recycled -Content Paper Products and/ or non -Recycled -Content Printing and Writing Paper are provided, for reasons other than cost, include a description of why Recycled - Content Paper Products and/ or Recycled - Content Printing and Writing Paper were not provided."
SECTION 7. CEQA. The City Council finds that adoption of this Ordinance is exempt from environmental review pursuant to Section 15061( b)( 3) of the California Environmental Quality Act ( CEQA) Guidelines which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
SECTION 8. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clause or phrases. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clause or phrase be declared invalid or unconstitutional, and would have passed and adopted the same even though any sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom
15 -18-
SECTION 9. If the provisions of this Ordinance conflict with any ordinance, code, or regulation of the City, the provisions of this Ordinance shall govern. If any provision of this Ordinance conflicts with a preemptive provision of State law, this Ordinance shall be interpreted and applied in conformity with State law.
SECTION 10. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.
SECTION 11. Publication and Posting. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.
PASSED, APPROVED and ADOPTED on this 13th day of December 2022.
ATTEST:
Betty Hughes, City Clerk
APPROVED AS TO FORM:
Maricela E. Marroquin, City Attorney
Mayor
Wv
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ATTACHMENT
-20-
2 SUMMARY OF PROPOSED ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 2. 40 ( PURCHASING
SYSTEM) AND MAKING A FINDING OF EXEMPTION UNDER CEQA
GUIDELINES SECTION 15061( B)( 3).
This is a summary of the above -entitled Ordinance of the City of Highland. This summary has been prepared and published in accordance with the requirements of Government Code Section 36933.
The Ordinance amends certain provisions of Chapter 2. 40 entitled " Purchasing System" of the Highland Municipal Code. Specifically, the Ordinance amends Section
2.40.070 to include a list of specified procurements that are not subject to competitive bidding requirements because of the nature of the purchase. In addition, several sections of Chapter 2. 40 are amended to increase the monetary thresholds for when purchases are made by purchase order, when purchases are required to be let by a formal contract procedure and when purchases are required to be let by open market procedures. Last, a new Section 2. 40. 150 is added to address the requirements of the Short -Lived Climate Pollutant Reduction Act known as Senate Bill 1383 that requires cities to procure annually a quantity of recovered organic waste products to meet their annual procurement target as well as adopt policies regarding the purchasing of recycled materials.
The adoption of this Ordinance is exempt from environmental review pursuant to Section 15061( b)( 3) of the California Environmental Quality Act ( CEQA) Guidelines which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
Notice is hereby given that a copy of the Ordinance is available for public review at the City Clerk' s Office, City Hall, 27215 Base Line, Highland and that a public meeting regarding said Ordinance will be held on December 13, 2022 in the City Council Chambers.
Betty Hughes, MMC
City Clerk of the City of Highland
Posted & Published: December 1, 2022
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ATTACHMENT
-22-
3 CITY OF HIGHLAND
SOURCE REDUCTION
RECYCLED CONTENT OFFICE PRODUCTS
PURCHASING POLICY
1. 0 STATEMENT OF PURPOSE
The City of Highland:
Recognizes the need to strengthen markets for materials collected in local recycling collection systems,
Desires to maximize reduction of discarded materials,
Desires to ensure that every department purchases environmentally -preferred office products without compromising overall budgetary or performance requirements, Recognizes the need to be pro -active and to serve as an example to other agencies and organizations in the community, and
Complies with California state law, which requires local agencies to buy recycled products and which allows local agencies to adopt purchasing preferences for recycled products.
2. 0 STATEMENT OF POLICY
2. 1 It is the policy of the City of Highland to purchase recycled office products instead of non -recycled office products whenever available at no more than 25% above the total cost of non -recycled office products, fitness and quality being equal. Such products shall be available within a reasonable time.
2. 2 Source reduction and recycled products purchased shall contain the highest amount of post -consumer material practicable or, when post -consumer material is impracticable for a specific type of product, contain reasonable amount of pre - consumer recovered material.
2. 3 All equipment bought, leased or rented shall be compatible with the use of source reduction and recycled content office products, whenever reasonable in terms of price, performance, warranty and maintenance.
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2. 4 The City of Highland shall promote its use of source reduction and recycled products whenever feasible.
3. 0 DEFINITIONS
3. 1 " Buyer" means anyone authorized to purchase on behalf of the jurisdiction or its subdivisions.
3. 2 " Office Products" means any common office products, ( such as paper, writing instruments, etc.), janitorial supplies and kitchen supplies utilized in City Hall and the Public Works offices.
3. 3 " Ownership Cost" means total ownership costs during a product' s life cycle, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance, disposal costs and expected lifetime compared to other alternatives.
3. 4 " Post -consumer Material" means a finished material that would normally be disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing or converting wastes. Example of post -consumer materials includes, but not limited to, old newspapers, office paper, yard waste, steel, aluminum cans, glass, plastic bottles, oil, asphalt, concrete and tires.
3. 5 " Pre -consumer Material" means material or by- products generated after manufacture of a product is completed but before the product reaches the end -use consumer.
Examples of pre -consumer recovered material include, but not limited to, obsolete inventories of finished goods, rejected unused stock, and paper waste generated during printing, cutting, and other converting operations.
3. 6 " Price Preference" means the percentage allowance for a recycled product that costs more than a comparable virgin product. In bid situations, it is the percentage above the lowest cost of a comparable virgin product allowed for a recycled product when both bidders are responsible and responsive.
3. 7 " Purchasing Documents" means all documents used to solicit bids and purchase products, including but not limited to: invitations for bids, requests for proposals, requests for quotations, and purchase order.
3. 8 " Recovered Material" means fragments of products or finished of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes pre -consumer and post -consumer material, but does not include excess resources of the manufacturing process.
-24-
3. 9 " Recycled Content" means the percentage of recovered material, including pre - consumer and post -consumer materials, in a product.
3. 10 " Recycled Content Standards" means the minimum or maximum level of recovered material and/ or post -consumer material necessary for products to qualify as " recycled products", as established by the City of Highland.
3. 11 " Recycled Product" means a product that meets the City of Highland' s recycled content policy objectives for post -consumer, pre -consumer and recovered material.
3. 12 " Remanufactured Product" means any product diverted from the supply ofdiscarded materials by refurbishing and marketing said product without substantial change to its original form.
3. 13 " Reused Product" means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting or minor repairs.
3. 14 " Source Reduction Product" means a product that results in a net reduction in the generation of waste compared to the previous or alternate version and includes durable, reusable and remanufactured products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced packaging.
4. 0 POLICY IMPLEMENTATION
4. 1 The City Manager or authorized representative in cooperation with relevant departments, offices and agencies, shall implement the City of Highland Source Reduction and Recycled Office Product Procurement Policy.
4.2 The City Manager or authorized representative shall establish recycled content standards and is authorized to raise or lower them to meet the objectives of this policy.
4. 3 The City Manager or authorized representative may establish price preferences for materials categories as deemed necessary to meet the objectives of this policy.
4. 4 When no recycled content standards exist, buyers shall purchase products with the highest percentage of post -consumer materials practicable, as long as quality, performance and availability meet requirements and price is reasonable within the parameters of this policy, or when post -consumer material is impracticable for a specific type of product, contain substantial amount of pre -consumer recovered material.
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4. 5 Buyers shall justify in writing, via e- mail, purchases of non -recycled or non -source reduction products to the City Manager or authorized representative, who may waive in writing, via e- mail, a requirement of this policy when he/ she determines justification supports such a waiver and it is in the best interests of the City of Highland. In those instances where it is deemed impracticable to a source reduction or recycled product, a specific explanation for the exclusion must be included in the purchasing record.
4. 6 Equipment purchased or rented by the City of Highland shall be compatible, whenever practicable, with the use of source reduction and recycled products. If deemed impracticable, a specific reason for using incompatible equipment must be included in the purchasing record.
4. 7 All departments, offices, and agencies shall ensure that they use both sides ofpaper sheets whenever practicable.
4. 8 Whenever practicable, recycled products shall be labeled as such in a standard format. For example, printed pieces and copies, including letterhead and business cards, shall carry the following notation:
Printed on recycled paper.
5. 0 PRECEDENCE
5. 1 The order of purchasing preference is, ( 1) the highest percentage ofrecycled content of "post -consumer recovered material" available in the marketplace, and ( 2) the highest percentage of " pre -consumer recovered material" available in the marketplace.
5. 2 In addition to the recovered material content of a product, important criteria in selecting products shall also be:
Reduction: the quantity, volume, weight or toxicity of waste and by-products of a given product, and the packaging generated in their manufacture, use, recycling and disposal. Products and packaging designed to minimize waste and toxic by-products in their manufacture, use, recycling and disposal shall be preferred.
Reusability: the ability of its packaging to be reused or reconditioned for use.
Recyclability: the ability of a product and its packaging to be recycled through existing recycled collection programs.
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Whenever possible, buyers shall combine these components to achieve the greatest environmental benefit possible. For example, it may be better to replace a recycled product with a reusable product. An even better choice would be a reusable product that also has recycled content.
6. 0 APPLICATION
6. 1 All City of Highland departments, offices and agencies shall comply with this policy.
7. 0 REPORTS
7. 1 The Recycling Coordinator may prepare an annual report, with the cooperation of all buyers, noting the annual dollar expenditures, percent change from previous years, percent represented of total purchasing budget, total savings or cost for using recycled or source reduction purchases. The annual report shall also include identification and discussion of instances in with this policy has been waived or found impracticable, a discussion of other barriers to the procurement of recycled office products, and any instances when recycled content standards or price preferences were adjusted.
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ATTACHMENT
-28-
4 Purchasing Policy
Current Proposed
Policy Policy
Equipment & Supplies:
Petty Cash
Purchase Order Minimum
Informal Bids:
Formal Bids:
50 over $ 250
2, 000 to $ 9, 999. 99 Purchasing Officer
10, 000-$ 19, 999. 99- City Manager
20, 000+ City Council
100
over$ 2, 500
2,500 to $ 14, 999. 99 Purchasing Officer
15, 000-$ 49, 999. 99- City Manager
50, 000+ City Council
Professional Service Contracts:
0-$ 9, 999. 99- City Manager $ 0-$ 49, 999. 99-City Manager 10, 000-$ 19, 999. 99- Finance Sub $ 50, 000-$ 99, 999. 99- Finance Sub 20, 000+ City Council $ 100, 000+ City Council
-29-
STAFF REPORT
TO THE CITY COUNCIL
MEETING DATE: December 13, 2022
FROM: Joseph Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/ City Engineer ClPREPARED BY: Jim Richardson, Public Works Manager SUBJECT: Contract Renewal - 2020- 09 " City -Wide Traffic Striping and Pavement Marking Maintenance Contract"
RECOMMENDATION: It is recommended that the City Council ( 1) extend the City -Wide Traffic Striping and Pavement Marking Maintenance Contract with Interstate Striping & Signs, Inc. for one-year, and ( 2) approve a 9. 6% increase to the contract unit prices.
FISCAL IMPACT: All work is to be paid from current budgets.
PUBLIC NOTICE: There was no need to advertise the contract for public bids. The City is exercising the option specified in the existing contract at this time. Notices of the City Council agenda were posted at the three locations per Resolution No. 2011- 047 and on the City' s website.
BACKGROUND: The City currently has a contract with Interstate Striping & Signs, Inc. This is an on -call striping & pavement marking maintenance contract based on pre -established tasks in the bid documents and unit prices from the contractor' s bid proposal. The actual amount of the annual contract will vary based on available budgets and the City's striping & signage maintenance needs. The contract documents establish guidelines for a contract increase at the time of the contract renewal based on the average of Skilled Labor and Materials cost indexes in the Los Angeles Region published in the November issue of Engineering News Record. This year the publication average shows a 9. 6% increase from last year. The services provided by the contractor have been satisfactory. The contract documents provide the City the option of five one- year contract extensions, and this will be the second one-year contract extension.
M:\ Maintenance\ Striping\ 2020- 09 Traffic Striping and Pavement Marking\ 2020- 09 Interstate Striping and Pavement Marking Contract Renewal Staff Report 12- 13- 22. doc Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Qfn/ ) / /
M / /
yI // I
1 /! A ie --
Second Agenda Item No.
File No.
City Clerk City Manager
-1-
I TR' s 20-cite a`reragc cost indetcs, wages and material prices. Ifistorical data fir EI 11s 20 cities can be fimnd at EAR.com/economics Construction
Cost Index '
1913= 100 INDEX VALUE MONTH YEAR
CONSTRUCTION COST 13174.98 0. 01% + 5. 7%
COMMON LABOR 24634. 46 0. 0% + 1. 1%
WAGE S/ HR. 47. 36 0. 0% + 1. 1%
Building
Cost 9M46b. Index
if'J!-;_ Aa i rJP•1 Fv' L OF 1
1913= 100 INDEX VALUE MONTH YEAR
BUILDING COST 7966. 90 0. 0% 9. 8%
SKILLED LABOR 11308. 90 0. 0% 2, 8%
WAGE S/ HR. 62. 40 0. 0% 2. 8%
Materials
Cost Index
IhJFLNI! C`! f3<; It or,1
1913= 100 INDEX VALUE MONTH YEAR
MATERIALS COST 5895. 81 0. 0% 19. 3%
CEMENT MON 172. 74 0. 2% 15. 1%
STEEL S/ CWT 92.93 0. 2% 26. 6%
LUMBER S/ MBF 1088. 26 0. 4% 77%
The Construction Cost Index' s annual escalation rose I The Building Cost Index was up 9. 8% on an annual The I' ACI stayed flat since last munth, while the
5. 7° 1, while the monthly component stayed flat. I basis. while the monthly component had tic change. annual escalation rate increased 19. 3%. ll //llllll /llll /ll /llllllllllllllllll /ll /llllll /lll /lull /lll /llllllull /lll /l /llll /llllll /llllllll /llllllllll /llll /lllllllllllllllll /llllllllll //llllllllllllllll /llll /lll /llllllllllllllllllllll /llllll /lll /llllllll /11111 // llllllllll /ll /llllllllll SrsII.
Construction starts in the Kansas City metro
area are expected to fall 1. 90/0 in 2023, to S7.2 billion, according to Dodge Data & Analytics. Dodge predicts a 14. 6% decrease in non- residential construction, while residential work is expected to rise 13%. Office and hotel construction are expected to
see the largest decreases, while education and health
care work are predicted to rise.
ENR's Cost Indexes by City
NON- RESIDENTIAL
6o,
RESIDENTIAL
S. G
4. 0
3. 0
20 19
00 2017 2018 2019 2020 2021 2022 2023
SOURCE:
1967= ] CD
R= REVISED WV' 22: 1913 CHG. YEAR NOW22: 1913 GHG. YEAR NOV' 22: 1967 %,• CHG. YEAR NOV' 22: 1967 " t: CHG. YEAR NOV' 22: 196, CHG. YEAR ATLANTA 8621. 68 9. 2 6641. 13 14. 2 825. 83 0. 0 759. 18 4. 1 1529. 32 21. 2 BALTIMORE 11246. 17 13. 1 7853. 80 24. 2 1214, 52 0. 0 967. 32 7. 2 1544, 07 41. 3 BIRMINGHAM 8803. 69 6. 2 6143. 99 11. 3 978. 68 0. 0 860. 63 4.4 1203. 38 17. 2 BOSTON 17914. 53 7, 2 10215. 41 10. 5 1756, 25 3. 4 1569. 14 3: 9 1377. 57 21. 8 CHICAGO 18309, 66 2. 8 9619. 42 5. 8 1690. 57 0. 0 1479. 83 0. 4 1074. 70 16. 2 CINCINNATI 12059. 18 5. 9 7030. 89 12. 8 1077. 82 0. 0 943. 51 4. 0 1246. 48 22. 3 CLEVELAND 13659. 56 3, 6 7313. 14 5. 6 1095. 01 0. 8 972. 70 0. 0 1106.92 13. 0 DALLAS 7702. 42 7. 9 6313. 05 10. 5 742. 23 0. 0 738. 52 1. 6 1 1302. 42 16. 5 DENVER 8680. 35 5, 0 6580. 67 12. 1 818. 18 1 0. 0 939.56 9. 9 1106.32 14. 3 DETROIT 13421. 45 4. 4 7700. 65 7. 6 1078. 49 1. 0 1037. 06 1. 6 1042. 08 16. 3 KANSAS CITY 13293. 26 6. 5 7855. 61 10. 3 1340. 17 1. 2 1268. 23 0. 9 1155.16 23. 8 LOS ANGELES 13412. 66 4. 4 7709. 91 7. 9 1111. 66 0. 0 1053. 90 0. 0 1181. 26 19. 2 MINNEAPOLIS 14130. 65 3. 1 7981. 43 6. 6 1339. 26 0. 0 1340. 22 1. 5 1052.64 15. 0 NEW ORLEANS 8005. 64 7. 4 6546. 81 10. 1 749. 82 0. 0 828. 03 1. 7 1365. 14 16. 6 NEW YORK CITY 21884. 48 28 11049. 32 5. 1 1663. 39 13 1512. 60 2. 3 1156. 49 12. 4 PHILADELPHIA 15519. 17 4. 2 8802. 53 6. 9 1637. 07 2. 0 1402. 99 3. 4 1173. 83 13. 4 PITTSBURGH 12521. 47 4. 1 7575. 22 7. 8 1178. 28 0. 0 1050. 34 1. 5 1027. 56 17. 0 ST. LOUIS 13997.46 6. 7 7966. 88 12. 5 1112. 34 1. 2 1067, 87 3. 0 1310. 78 25. 6 SAN FRANCISCO 15113. 51 4. 8 1 9819. 99 7. 6 1046. 50 0. 0 1091. 49 0. 0 1666. 11 16. 3 SEATTLE 15202. 68 11. 8 1 8619.44 14. 6 1314.48 8. 6 1302. 87 9. 0 1454.94 1 22. 8 ofmoe, 4e 9, L % enr.
-2- com November 14/21, 2022 - ENR - 67
STAFF REPORT
TO THE CITY COUNCIL
DATE: December 13, 2022
FROM: Joseph Hughes, City Manager
REVIEWED BY: Carlos Zamano, Public Works Director/City Engineer L' PREPARED BY: Jennifer Cioffi, Project Manager
SUBJECT: Bid Award — Bid No. 2022- 05, " Pacific Street Pavement Rehabilitation from Victoria Avenue to Church Avenue" ( Project str20002a)
RECOMMENDATION: It is recommended that the City Council: ( 1) award the construction contract for Bid No. 2022- 05 " Pacific Street Pavement Rehabilitation from Victoria Avenue to Church Avenue ( Project str20002a)" to the responsible low bidder, Matich Corporation, in the amount of $1, 591, 795. 00; and ( 2) approve a budget adjustment to transfer $ 697, 830 from 023- 2526 ( General Capital Financing for Pavement Impact Fee) to 023- 3890- 6530 ( Street/ Sidewalk Construction).
FISCAL IMPACT: The project construction cost will be funded as follows:
General Capital Financing $ 697, 825. 55
City of San Bernardino $ 874, 289. 45
East Valley Water District $ 19, 680. 00
1, 591, 795. 00
PUBLIC NOTICE: The Notice Inviting Bids was advertised on two newspapers and a number of trade papers.
BACKGROUND: Project No. str20002 encompasses pavement rehabilitation of Pacific Street from Palm Avenue to Church Avenue within the cities of Highland and San Bernardino. Two cooperative agreements were executed on May 10, 2016 and September 24, 2018 by both agencies for this project. Highland is serving as the lead agency and San Bernardino is paying their fair share of the construction costs.
This project involves pavement grinding, pavement, aggregate base and subbase removal and replacement, asphalt rubber hot -mix installation, and new signing and striping. It also includes Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
i
Second Agenda Item No. (3
File No.
City Clerk City Manager
-1-
minor PCC sidewalk, AC dike, AC driveway ramp, PCC ramp and PCC curb and gutter removal and replacement,
Nine ( 9) bids were received and opened on November 17, 2022. The seventh bidder, CalMex Engineering, Inc. contained an arithmetic error in the addition of bid item subtotal for bid items 8 Construct 1. 5" Min. Asphalt Rubber Hot Mix Overlay, gap -graded class and grade), and 9 ( Adjust Existing Water/Gas Valve Cover to Grade). This error however did not change the ranking of the bid results. Following are the bid results with corrected bid amounts:
Bidder Total Bid
Match Corporation 1, 591, 795. 00
All American Asphalt 1, 632, 998. 00
Hardy & Harper Inc. 1, 670, 000. 00
Vance Corporation 1, 692, 435. 66
Hillcrest Contracting 1, 819, 478. 00
Onyx Paving Company, Inc. 1, 876, 000. 00
CalMex Engineering, Inc. 1, 911, 500. 60
Granite Construction 2, 069, 602. 00
R. J. Noble 2, 315, 954. 49
The Engineer' s estimate for this project is $ 1, 313, 000. The low bid was received from Matich Corporation of San Bernardino in the amount of $1, 591, 795.
Staff recommends the City Council award this project to the responsible lowest bidder, Matich Corporation. Staff is familiar with the quality of work performed by Matich Corporation as they have constructed several similar projects for the City of Highland previously. A recent reference check has also confirmed that this contractor possesses the qualifications and experience necessary to perform the contract scope of work.
Attachments: Vicinity Map
WPUBWRK\str20003 Tippecanoe Avenue ( 3rd Street - Vine St.) - Joint Project with SB County\ Construction\ Bid Award Stf Rpt 12- 14- 21. doc -2-
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-3-
STAFF REPORT
TO THE CITY COUNCIL
DATE: December 13, 2022
FROM: Joseph Hughes, City Manager
PREPARED BY: Carlos Zamano, Public Works Director/City Engineer Z SUBJECT: A Resolution of the City Council of the City of Highland Declaring its Intent to Vacate Berry Street between Cunningham Street and Hillview Street and Setting the City Council Public Hearing for January 10, 2023 at 6: 00 p. m. on the Proposed Street Vacation
RECOMMENDATION: That the City Council adopt Resolution No. 2022- Declaring its Intent to Vacate Berry Street between Cunningham Street and Hillview Street and Setting the City Council Public Hearing Date for January 10, 2023 at 6: 00 p. m. on the Proposed Street Vacation.
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.
FISCAL IMPACT: There is no fiscal impact.
BACKGROUND: The right- of-way of Berry Street from Cunningham Street to Hillview Street was originally dedicated by "Turnbull Subdivision No. 3" on November 23, 1923. For many years this roadway segment was primarily used by the three properties located on the north side of Berry Street. Berry Street is a small frontage road on 9th Street that is approximately 340-feet in length with a right- of-way width of 46-feet.
On January 11, 2022, the City Council accepted a federal Safe Routes to School project on 9th Street as complete. The project constructed new curbs, gutters, curb ramps, sidewalk, driveway and match up paving on the north side of 9th Street, east side of Cunningham Street and west side of Hillview Street.
City staff is requesting that the City Council vacate Berry Street between Cunningham Street and Hillview Street as it is no longer needed for public street purposes. Upon such a request and at the discretion of the City Council, the City Council may initiate a street vacation proceeding pursuant to California Streets and Highways Code Section 8320 et seq.
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
C '
Second Agenda Item No.
File No,
City Clerk City Manager
-1-
The street vacation is a two- step process. First, the City Council adopts a resolution of intention to vacate, which describes the right- of-way to be vacated and sets a public hearing date before the City Council on the vacation. The second step is the public hearing, whereby the City Council hears evidence and makes a determination as to whether or not the " street" is necessary for present or prospective public use. If found to be unnecessary, a resolution of vacation may be adopted and eventually recorded. The City Engineer has preliminarily determined that Berry Street can be vacated because it is no longer needed for public street purposes. 9th Street runs parallel to Berry Street and has been constructed to its ultimate width with curbs, gutters, curb ramps, a sidewalk and driveway and match up paving on the north side of 9th Street. With the construction of these improvements the roadway easement on Berry Street is no longer necessary.
The item before the City Council is a proposed Resolution to initiate the proceedings to vacate Berry Street as described in detail in the legal description and map attached to the Resolution as Exhibit " A" and Exhibit " B" and set the public hearing for the street vacation on January 10, 2023, at 6: 00 p. m. Staff is recommending that the City Council adopt this Resolution.
Attachments: ( 1) Resolution Initiating Street Vacation ( including legal descriptions and plat maps) 2) Vicinity Map
3) Aerial Map
4) Assessor' s Parcel Map
-2-
RESOLUTION 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND
DECLARING ITS INTENT TO VACATE BERRY STREET BETWEEN
CUNNINGHAM STREET AND HILLVIEW STREET AND SETTING THE
CITY COUNCIL PUBLIC HEARING FOR JANUARY 10, 2023 AT 6: 00 P. M. ON THE PROPOSED STREET VACATION
WHEREAS, City staff is requesting that the City Council vacate Berry Street, between Cunningham Street and Hillview Street, as more particularly described in Exhibits " A" and " B", which are incorporated herein by reference; WHEREAS, the City Council of the City of Highland does hereby declare its intention to vacate the subject streets in accordance with the procedures contained in Chapter 3 of the Public Streets, Highways and Service Easements Vacation Law (Streets and Highways Code Section 8320 et seq.);
NOW THEREFORE, the City Council of the City of Highland does hereby resolve, declare, determine and order as follows:
SECTION 1. The City Council of the City of Highland (" City") hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct, are incorporated into this Resolution by reference and constitute a material part of this Resolution.
SECTION 2. The City intends to, and by this Resolution does, initiate proceedings pursuant to the Public Streets, Highways, and Service Easements Vacation Law, codified in Division 9, Part 3, Chapter 2 of the Streets and Highways Code of the State of California to vacate Berry Street as described more particularly in Exhibit "A" and depicted on Exhibit B„
SECTION 3. These proceedings will assist the City in confirming its assessment that the action in question, i. e. the vacation of Berry Street between Cunningham Street and Hillview Street, is in the interest of the public and that said portion of the subject streets is not necessary for present or prospective public use.
SECTION 4. The City Council hereby sets a hearing on the proposed vacation of the subject street to take place at 6: 00 p. m., or as soon thereafter as the matter may be heard on January 10, 2023 at the City of Highland, Donahue Council Chambers, located at 27215 Base Line Street, Highland, California 92346. At the hearing, any and all persons interested in or objecting to the proposed vacation of the subject streets may express their position on the matter and will be heard.
SECTION 5. The City Clerk is hereby instructed to publish this Resolution, providing notice of said hearing to the public, once weekly, for at least two successive weeks prior to said hearing, in the San Bernardino Sun newspaper, in accordance with California Streets and Highways Code Sections 8320 and 8322. 1 -3-
SECTION 6. The Director of Public Works for the City of Highland or the Director' s designee is hereby instructed to conspicuously post notices of vacation along the line of the portions the subject streets to be vacated in the manner provided by California Streets and Highways Code Section 8323. The notices shall be at least three ( 3) in number and shall be posted at least two ( 2) weeks before the day set for the hearing not more than three hundred ( 300) feet apart.
SECTION 7. This Resolution shall take effect immediately.
PASSED, APPROVED, AND ADOPTED this 13th day of December, 2022.
ATTEST:
Betty Hughes, City Clerk
APPROVED AS TO FORM:
Maricela E. Marroquin, City Attorney
Mayor of the City of Highland
2 -4-
Sheet I of I
EXHIBIT " A"
LEGAL DESCRIPTION
STREET VACATION
That portion of Berry Street, of Turnbull Subdivision No. 3, in the City of Highland, County of San Bernardino, State of California, as shown on map filed in Book 25 Page 73, of Maps, records of said County, described as follows:
BEGINNING at the southwest corner of Lot 24, of said Turnbull Subdivision No. 3, thence South 00° 23' 00" West, 43. 00 feet along the southerly prolongation of the westerly line of said Lot 24; thence South 44° 48130" East, 4.23 feet to a line that is parallel with and 46. 00 feet southerly of the southerly line of said Lot 24; thence North 90° 00' 00" East, 165. 75 feet along said parallel line to a line that is the southerly prolongation of the easterly line of said Lot 24; thence North 00023' 00" East, 46. 00 feet along said southerly prolongation to the southeast corner of said Lot 24; thence North 90000' 00" West, 168. 75 feet along the southerly line of said Lot 24 to the Point of Beginning.
Containing 7, 758 square feet.
Affects: APN 1192- 381- 21
See Exhibit ` B" for a plat depicting the above described property.
This real property has been described by me, or under my direction, in conformance with the Professional Land Surveyor' s Act.
4230, Exp. 6- 30- 24
-5-
LINE TABLE
f BEARING LENGTH
L1 S073' 00' W 43. 00'
L2 S44'48300E 4.23'
L3 NO23' 00' E 46.00'
0 r
WW
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41. 25'
PROP SED
P. O. B. N90' 00' 00" W 168. 75'
PROPERTY UNE
ITL BERRY STREET
SOUTHERLY R/ W LINE
OF BERRY STREET
N90' 00 00 E 165. 75
ITL 9TH STREET
N 90' 00' 00" E
LE<WM
EXISTING CENTERLINE
EXISTING RIGHT- OF- WAY
EXISTING PROPERTY LINE
N
PROPOSED RIGHT- OF- WAY LINE
AREA TO BE VACATED ( 7. 758 SO FT)
P. O. B. POINT OF BEGINNING SCALE: 1"= 50'
J. N.: 139- 114
TKE ENGINEERING, INC.
2305 CHICAGO AVENUE
RIVERSIDE, CA 92507
951) 680- 0440
RONALD A. MVSSER L. S. No. 4230
O LAND S
A. MG
G.
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No. 4230
Exp. 6- 30- 24
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EXHIBIT H
RIGHT OF WAY
VACATION
APN 1192- 381- 21
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Sheet 1 of 1
EXHIBIT " A"
LEGAL DESCRIPTION
STREET VACATION
That portion of Berry Street, and Lot 25 of Turnbull Subdivision No. 3, in the City of Highland, County of San Bernardino, State of California, as shown on map filed in Book 25 Page 73, of Maps, records of said County, together with that portion of Grant of Easement to County of San Bernardino recorded in Book 6010 page 281 records of said County described as follows:
BEGINNING at the intersection of the westerly line of the east 96.00 feet of said Lot 25 and a line lying 5. 00 feet northerly and parallel with the southerly line of said Lot 25, said line is also described in Grant of Easement to County of San Bernardino recorded in Book 6010 page 281 records of said County; thence South 90000' 00" West, 54. 00 feet along said parallel line to the westerly line of said Lot 25; thence South 00° 23' 00" West,
51. 00 feet along said westerly line and it' s southerly prolongation to a line that is parallel with and 51. 00 feet southerly of said Grant of Easement line; thence North 90° 00' 00" East, 54. 00 feet along said parallel line to said southerly prolongation of the westerly line of the east 96. 00 feet of said Lot 25; thence North 00° 23' 00" East, 51. 00 feet along said westerly line to the Point of Beginning.
Containing 2, 754 square feet.
Affects: APN 1192- 381- 22
See Exhibit "B" for a plat depicting the above described property.
This real property has been described by me, or under my direction, in conformance with the Professional Land Surveyor' s Act.
Ronald A. Musser, L. S. 4230, Exp. 6- 30- 24 ; A, Date
L.S. 423011 *)) 7Exp. 6-30- 24
-7-
LINE TABLE
BEARING LENGTH
L1 S90'00' 00' W 54.00'
L2 S0' 23' 00" W 51. 00'
L3 N90'00'00" E 54. 00'
L4 NO.23-WE F 51. 00'
a
0-1
115
PROPOSED
Ii- BERRY STREET PROPERTY LINE
SOUTHERLY R/ W LINE
OF BERRY STREET
G. 9TH STREET
N90' 00' 00" E
J
j0
Vol
Lim
dr
LEGEND
EXISTING CENTERLINE O EASEMENT DEED TO SAN EXISTING RIGHT- OF- WAY BERNARDINO COUNTY PER
EXISTING PROPERTY LINE DOCUMENT RECORDED IN
N
PROPOSED RIGHT- OF- WAY LINE BOOK 6010 PAGE 281
AREA TO BE VACATED ( 2,754 SO FT)
P. O. B. POINT OF BEGINNING
SCALE: 1"= 50'
J. N.: 139- 114
TKE ENGINEERING, INC. AND)
2305 CHICAGO AVENUE A. MSGf'
RIVERSIDE, CA 92507 EXHIBIT ' B' 41 = Q' S
951) 680- 0440 o
o
ERING No. 4230 ; 70 RIGHT OF WAY
Exp. 6- 30- 24 VACATI O N
CAjo
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APN 1 192- 381- 22
OF
RONALD A. MUSSER L. S. No. 4230
-8-
Sheet 1 of 1
EXHIBIT " A"
LEGAL DESCRIPTION
STREET VACATION
That portion of Berry Street, and Lot 25 of Turnbull Subdivision No. 3, in the City of Highland, County of San Bernardino, State of California, as shown on map filed in Book 25 Page 73, of Maps, records of said County, together with that portion of Grant of Easement to County of San Bernardino recorded in Book 6010 page 281 records of said County described as follows -
BEGINNING at the intersection of the westerly line of the east 96. 00 feet of said Lot 25 and a line lying 5. 00 feet northerly and parallel with the southerly line of said Lot 25, said line is also described in Grant of Easement to County of San Bernardino recorded in Book 6010 page 281 records of said County; thence South 90° 00' 00" East, 71. 13 feet along said parallel line to the beginning of a curve concave northwesterly and having a radius of 20. 00 feet ; thence northerly and easterly along said curve through a central angle of 89° 37' 00" a distance of 31. 28 feet along the northwesterly line of said Grant of Easement, to the westerly line of said Easement; thence South 00° 23' 00" West, 61. 37 feet along the southerly prolongation of said westerly line; thence South 45' 11' 30" West,
13. 48 feet to a line that is parallel with and 51. 00 south of said Grant of Easement line; thence North 90100' 00" West, 81. 50 feet along said parallel line to the southerly prolongation of said westerly lie of the east 96. 00 feet of Lot 25; thence North 00° 23' 00" East; 51. 00 feet along said prolongation to the Point of Beginning.
Containing 4,726 square feet.
Affects: APN 1192- 381- 23
See Exhibit " B" for a plat depicting the above described property.
This real property has been described by me, or under my direction, in conformance with the Professional Land Surveyor' s Act.
AND S'
Q A. L
Ronald A. Musser, L.S. 4230, Exp. 6- 30- 24
S' 4230 11 Date Exp. 6-30- 22
-9-
LINE TABLE
BEARING LENGTH
L1 S90' 00' 00" E 71. 13'
L2 SO' 23' 00" W 61. 37'
L3 S45' 1' 00" W 13. 48'
L4 N90' 00' 000W 81. 50'
L5 NO23' 00' E I 51. 00'
L
CURVE TABLE
DELTA LENGTH TANGENT RADIUS
C1 89' 37' 00" 31. 28' 19. 87 20. 00'
BERRY STREET n , n
J
SOUTHERLY R/ W LINE
OF BERRY STREET
PROPOSED L4 J
PROPERTY LINE
9TH STREET
N90' 00' 00" E
30'-
25'
w
w
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0 3
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LEGEND
EXISTING CENTERLINE j EASEMENT DEED TO SAN
EXISTING RIGHT— OF— WAY BERNARDINO COUNTY PER
EXISTING PROPERTY LINE DOCUMENT RECORDED IN
PROPOSED RIGHT—OF—WAY LINE BOOK 6D10 PAGE 281 N
AREA TO BE VACATED ( 4,680 SO FT)
P. O. B. POINT OF BEGINNING SCALE: 1"= 50'
J. N.: 139- 114
TKE ENGINEERING, INC. A N 0
2305 CHICAGO AVENUE
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RIVERSIDE, CA 92507 EXHlBlT ' B' u
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951) 680- 0440 o +
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ERING No. 4230 ; D
RIGHT OF WAY
EXP. s- 3a- 2a VACATION
APN 1 192- 381- 23
RONALD A. MU ER L.S. No. 4230 OF CA\- F
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-13-
STAFF REPORT
TO THE CITY COUNCIL
DATE: December 13, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: City Manager Report and Comments
Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
RECOMMENDATION: Discussion and possible action.
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No. -) G
File No.
City Clerk City Manager
-1-
STAFF REPORT
TO THE CITY COUNCIL
DATE: December 13, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Council Member Comments
Agency/ Committee/ AB1234 Reports, District Updates, etc.) RECOMMENDATION: Discussion and possible action.
Approved.
Denied
Continued
Tabled
Motion
Ayes _
Noes
Abstain
Absent
Second Agenda Item No. tx
File No.
City Clerk City Manager
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