3. The City Council hereby adopts the Addendum to the Environmental Impact Report (SCH No. 1989070310) for the 4331 Eucalyptus Avenue Project, dated October 2021, pr epared by Kimley Horn for PL21-0042 (Eucalyptus Business Park Specific Plan Amendment).
4. The documents and other materials which constitute the record of proceedings upon which adoption of this resolution is based are in the custody of the City of Chino, Development Services Department, Planning Division, 13220 Central Avenue, Chino, CA 91710.
5. The City Clerk is hereby directed to certify as to the adoption of this Resolution as of the date set forth below and forthwith transmit a certified copy of this Resolution, by certified mail, to the Applicant at the address of record set forth in the Application.
PASSED, APPROVED AND ADOPTED THIS 15TH day of FEBRUARY 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
State of California )
County of San Bernardino ) §
City of Chino )
I, Angela Robles, City Clerk of the City of Chino, do hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 15th day of February 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
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ORDINANCE NO. 2022-003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING THE EUCALYPTUS
BUSINESS PARK SPECIFIC PLAN LAND USE DISTRICT FROM
BUSINESS PARK (BP) TO MANUFACTURING (M) FOR A
PARCEL OF LAND LOCATED AT 43 31 EUCALYPTUS AVENUE
(APN 1025-111-04) AND TO ALLOW RECREATIONAL VEHICLE
SALES AS A PERMITTED LAND USE WITHIN THE
EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AUTO MALL
(AM) LAND USE DESIGNATION . PL21-0042 (EUCALYPTUS
BUSINESS PARK SPECIFIC PLAN AMENDMENT).
The City Council of the City of Chino, California, does hereby ordain as follows:
Section 1. The first sente nce of the second parag raph of Chapter II.D of the Eucalyptus Business Park Specific Plan is hereby amended, correcting the total acreage within the Eucalyptus Business Park Specific Plan from 7.5 million to 8.3 million SF, to read as follows:
The EBPSP is envisioned as a mixed -use project consisting of approximately 8.3 million SF of total building area.
Section 2. The third paragraph of Chapter II.D.2 of the Euc alyptus Business Park Specific Plan is hereby deleted and replaced in its entirety with the following, correcting the description of the business park site within the Eucalyptus Business Park Specific Plan:
One business park site is to b e developed as par t o f the proposed specific plan, which is approximately 22 acres and is locate d along the entire eastern boundary of the specific plan, west of Central Avenue.
Section 3. The se cond paragraph of Chapter II.D .5 of the Eucalyptus Busines s Park Specific Plan is hereby amended, correcting the projected square footage for warehousing uses from 176,481 SF to 176,418 SF, to read as follows:
Approximately 45 acres or 11% of the specific plan site are to be developed for manufacturing uses. A total of 882,090 SF of building area is estimated. Of this total building area, 705,672 SF or 80% a re projected to be manufacturing uses; while 176,418 SF or 20% a re projected to be supporting warehouse areas.
Section 4. Figure IV-1 – Land Use Plan of the Eu calyptus Business Park Specific Plan is hereby replaced with Exhibit “A” to this ordinance, changing the land use district for the property located at 4331 Eucalyptus Avenue from Business Park (BP) to Manufacturing (M). When Exhibit “A” is added to the Eucalyptus Busines s Park Specific Plan, it shall be added in grey scale and the site boundary marker shown in Exhibit “A” shall be removed.
Section 5. Table VI-A – Land Use Matrix of the Eucalyptus Busines s Park Specific Plan is hereby amended to add a Recreational Vehicle Sales row within the Commercial Use T ypes
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Ordinance No. 2022-003
section, allowing Recreational Vehicle Sales as a permitted land use in the Auto Mall (AM) land use district, to read as follows:
Table VI-A—Land Use Matrix
Land Use Types AM BP C CO M GI
Recreational Vehicle Sales: Activities typically
include the retail sale of new RVs together with
their incidental maintenance, including minor paint
repair. The sales of used RVs may be permitted as
an incidental use, not to exceed 49% of the total
inventory on site. Recreational Vehicles may
include vehicles primarily designed for recreational
camping or travel use that has its own motive of
power or is mounted or towed by another vehicle
such as travel trailers, fifth-wheel trailers, folding
camping trailers, truck campers, motor homes,
boats, off-highway vehicles, and other devices
used for recreational purposes.
P
Section 6. CEQA Findings. An Addendum to the Environmental Impact Report (SCH No. 89070310) (“FEIR”) for the 4331 Eucalyptus Avenue Project, dated October 2021, has been prepar ed by Kimley Horn and concludes the Project would not cr eate any ne w significant impacts or impacts that are significantly different than those identified in FEIR. The City Council has considered the proposed Addendum as well as the FEIR as part of its review of this Project and finds that the Addendum satisfies the requirements of the CEQA and the CEQA Guidelines (California Public Resources C ode §§ 21000 et seq.; 14 Cal. Code Regs. § § 15000 et seq.). The City Council hereby adopts the Addendum.
Section 7. Severability. If any section, subsection, s entence, clause, phrase, or p ortion of this Ordinance, or the ap plication thereof to any per son or circumstances, is, for an y reason, held in valid o r unco nstitutional by any court of competent jurisdic tion, s uch invalidity or unconstitutionality shall not affect any other p rovision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopte d this ordinance and each section, subsection, sente nce, clause, phrase, part or portion t hereof, irrespective of t he f act that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 8. This Ordinance shall be in full f orce and effect thirty (3 0) days after its second reading and adoption.
Section 9. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to b e published in the Chino Champion, a newspaper of general circulation, within said Ci ty in acc ordance w ith the provisions of t he Government Code.
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Ordinance No. 2022-003
PASSED, APPROVED AND ADOPTED THIS 1ST DAY OF MARCH 2022.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
ANGELA ROBLES, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Angela Robles, City Clerk of t he City of Chino, do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by the City Council at a regular me eting he ld on the 1st day of March 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
ANGELA ROBLES, CITY CLERK
Exhibit “A” – Land Use Plan of the Eucalyptus Business Park Specific Plan
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Ordinance No. 2022-003
Exhibit “A”
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PLANNING COMMISSION STAFF REPORT
PL21-0042 (Eucalyptus Business Park Specific Plan Amendment)
LOCATION MAP
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EXHIBIT "A" 11.14.c
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PLANNING COMMISSION STAFF REPORT
FILE NO.: PL21-0042 (Eucalyptus Business Park Specific Plan Amendment) DATE: December 6, 2021
PLANNING COMMISSION STAFF REPORT
DEVELOPMENT SERVICES DEPARTMENT
CITY OF CHINO
MEETING DATE: December 6, 2021
PROJECT NO.: PL21-0042 (Eucalyptus Business Park Specific Plan Amendment) APPLICANT: Eucalyptus LPIV 5, LLC
REQUEST: A request to amend the Eucalyptus Business Park Specific Plan land use designation from BP (Business Park) to M (Manufacturing) for a parcel of land located at 4331 Eucalyptus Avenue, and a request to allow Recreational Vehicle sales as a permitted land use within the AM (Auto Mall) land use designation.
LOCATION: 4331 Eucalyptus Avenue (APN 1025-111-04)
RECOMMENDATION
1. Adopt Planning Commission Resolution No. PC2021 -042, recommending the City Council adopt an Addendum to the Eucalyptus Business Park Specific Plan Environmental Impact Report (SCH No. 89070310) for the 4331 Eucalyptus Avenue Project.
2. Adopt Planning Commission Resolution No. PC2021 -041, recommending the City Council approve PL21-0042 (Eucalyptus Business Park Specific Plan Amendment).
BACKGROUND
The applicant, Eucalyptus LPIV 5, LLC is an element of Panattoni Development Company that purchased the property located at 4331 Eucalyptus in December 2020 with the intent to hold the property as a long term asset within their portfolio. Subsequently, the applicant submitted an application to amend the Eucalyptus Business Park Specific Plan (EBPSP) land use designation for t his property to allow for more flexibility for future uses t o be located within the existing building in lieu of obtaining administrative approvals for future uses that are permitted by right in the Manufacturing (M) land use designation. As part of the proposed Specific Plan Amendment (SPA), the City is including a cleanup item of the EBPSP to allow for the sale of Recreational Vehicles in the Auto Mall (AM) land use district.
ISSUES/ANALYSIS
Land Use Amendment
The property located at 4331 Eucalyptus Avenue is located within the EBPSP and currently designated BP ( Business Park) . The proposed amendment will result in a designation to M (Manufacturing). The site is currently improved with a 100,000 square foot industrial building, which was constructed in 2002 and is occupied by Warn Industries . Warn Industries manufactures off-road products for trucks, sport utility vehicles, and other off -road vehicles as well as portable winches, trailer winches, hydraulic winches , and similar equipment . The proposed land use change will not result in any new construction on the site or a change of the current Warn Industries business operations. The existing General Plan land use designation for this property is Light Industrial, which is not consistent with the EBPSP land use designation of
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PLANNING COMMISSION STAFF REPORT
FILE NO.: PL21-0042 (Eucalyptus Business Park Specific Plan Amendment) DATE: December 6, 2021
BP.
The current EBPSP land use table requires approval of an Administrative Approval (AA) application for industrial buildings over 50,000 square feet in size that conduct wholesale, storage and distribution activities in the BP land use designation. Since the building currently exceeds 50,000 square feet in size, the applicant is requesting to change the land use to M, which does not have the AA requirement and allows the applicant more certainty for future leasing of the building. In addition, the existing General Plan land use designation for this property is Light Industrial, which is more consistent with the proposed M land use designation.
As a result, the proposed land use change from BP to M for this property will result in land use designation consistency between both the EBPSP and General Plan documents. Additional text changes related to the land use change are included to the EBPSP. These changes include corrections to acreages within the EBPSP area and the description of the remaining business park within the boundaries of the EBPSP.
Recreational Vehicle Sales
The EBPSP has been amended several times since it was originally approved in 1990. In 2003, an amendment was adopted, establishing the AM land use designation on the west side of Ramona Avenue at Corporate Center Drive. When this amendment was approved, Recreational Vehicle (RV) sales were included in the definition of car sales as a permitted land use in the AM land use designation. The City processed another amendment to the EBPSP in 2009, specifically removing RV sales as a permitted land use in the AM land use designation. The City intended to develop a traditional auto mall that sold passenger vehicles and trucks at that time, which never occurred. Over the years, Chino Hills Ford has remained the only automobile dealership within the auto mall. In 2016, Creative Bus, a dealer that specializes in the sales of buses and shuttles for traditional transportation use, relocated to a property within the auto mall.
The City is currently working with a n RV dealer that intends to open a dealership on a property within the auto mall for the sales of traditional RV’s, travel trailers, fifth wheels and toy haulers, which requires the RV land use to be reinstituted as a permitted land use within the EBPSP.
The reinstatement of the RV land use would also allow the sale of other similar vehicles including boats and off-highway vehicles.
Public Noticing
A 10-day notice was mailed to all property owners within a 300 -foot radius of the project site. In addition, a notice was published i n the Chino Champion on November 20, 2021. In response to the public notice, no comments have been received. The notice complies with legal noticing requirements.
ENVIRONMENTAL REVIEW
An Addendum to the Eucalyptus Business Park Specific Plan Environmental Impact Report (EIR) (SCH No. 89070310) for the 4331 Eucalyptus Avenue Project has been prepared by Kimley Horn. As outlined in the State CEQA Guidelines Section 15164 and the Public Resources Code Section 21166, an Addendum is the appropriate environmenta l document if the proposed project does not constitute significant new information and would not change the assumptions, analysis, conclusions, or mitigation measures of the EIR to a significant degree.
The analysis concluded that the project would not create any new significant impacts or impacts significantly different than those identified in the Eucalyptus Business Park Specific Plan EIR. In addition, the project would not increase the severity of any previously identified significant
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PLANNING COMMISSION STAFF REPORT
FILE NO.: PL21-0042 (Eucalyptus Business Park Specific Plan Amendment) DATE: December 6, 2021
impacts. Therefo re, the proposed project is within the scope of the project analyzed in the Eucalyptus Business Park Specific Plan EIR.
https://p1cdn4static.civiclive.com/UserFiles/Servers/Server_10382578/File/City%20Hall/Depart ments/Community%20Development/Environmental%20Documents/EIR%20Addendum%20- %20Final%20Version%20-%20SIGNED%20(4331%20Eucalyptus%20Chino)%2011.16.21.pdf
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RESOLUTION NO. PC2021-041
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE
A SPECIFIC PLAN AMENDMENT TO THE E UCALYPTUS BUSINESS
PARK SPECIFIC PLAN AMENDING THE LAND USE DESIGNATION FROM
BP (BUSINESS PARK) TO M (MANUFACTURING) FOR A PARCEL OF LAND LOCATED AT 4331 EUCALYPTUS AVENUE (APN 1025 -111-04)
AND TO ALLOW RECREATIONAL VEHICLE SALES AS A PERMITTED
LAND USE WITHIN THE AM (AUTO MALL) LAND USE DESIGNATION.
PL21-0042 (EUCALYPTUS BUSINESS PAR K SPECIFIC PLAN
AMENDMENT).
WHEREAS, Eucalyptus LPIV 5 LLC (the “Applicant”), has filed an application with the City of Chino (the “City”) to amend the Eucalyptus Business Park Specific Plan (EBPSP) amending the land use designation from BP (Business Park ) to M (Manufacturing) for a parcel of land located at 4331 Eucalyptus Avenue (APN 1025-111- 04) and to allow Recreational Vehicle sales as a permitted land use within the AM (Auto Mall) land use designation (the “Project”); and
WHEREAS, the EBPSP was approved by the City of Chino Planning Commission on September 17, 1990, and subsequently by the City Council on December 18, 1990; and
WHEREAS, the City of Chino Municipal Code establishes procedures on how to amend the specific plan as described in Section 20.23.050; and
WHEREAS, the proposed EBPSP Amendment has been determined to be consistent with the intent of the General Plan; and
WHEREAS, the proposed EBPSP Amendment will not adversely affect the harmonious relationship with the adjacent neighborhoods and land uses; and
WHEREAS, all provisions of the California Government Code and Chino Municipal Code related to the proposed EBPSP Amendment have been complied with; and
WHEREAS, the Planning Commission of the City of Chino has completed its study of the proposed EBPSP Amendment and related materials; and
WHEREAS, on December 6, 20 21, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, including compliance with the relevant provisions of the California G overnment Code and Chino Municipal Code, entertained the written and oral report of staff, and considered public testimony on the Project.
NOW, THEREFORE, the Planning Commission of the City of Chino, Californ ia, does hereby FIND, DETERMINE, and RESOLVE as follows:
A. The foregoing recitals are true and correct and incorporated herein.
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Attachment: PC Reso PC2021-041 EBPSPA [Revision 3] (PL21-0042 (Eucalyptus Business Park Specific Plan Amendment))
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RESOLUTION NO. PC2021-041
B. Based on substantial evidence, both written and oral, from the public hearing, the Planning Commission makes the followin g findings and takes the following actions on PL21-0042 (Eucalyptus Business Park Specific Plan Amendment):
1. PL21-0042 (Eucalyptus Business Park Specific Plan Amendment)
a. The proposed specific plan amendment is internally consistent with the General Plan , in that the property located at 4331 is curre ntly designated Light Industrial by the General Plan. The proposed land use change from BP (Business Park) to M (Manufacturing) will result in General Plan consistency between the Eucalyptus Business Park Specific Plan (EBPSP) land use designation and the General Plan land use designation. Additionally, the site is developed with a 100,000 square foot industrial building occupied by a Warn Industries, a manufacturer of off -road products. The current business operations are consistent with the permitted l and u ses in the M land use designation of the E BPSP. The change in the land use table to allow the sale of Recreational Vehicles within the AM (Auto Mall) land use designation is also consistent with the intent of the General Plan; and
b. The proposed specific plan amendment will not be detrim ental to the public interest, health, safety, convenience or welfare of the City , as the proposed change to the l and use map is for a property that is currently developed with an industrial use and occupied by Warn Industries. The business operates in accordance within the requirements of the M land use district. Additionally, the amendment to the land use table to allow the sale of Recreational Vehicles within the AM land use d esignation is consistent with the designation and other land uses within the existing auto mall; and
c. The proposed specific plan amendment will maintain the appropriate balance of land uses within the City , as the proposed site is 5.12 acres, which does not result in a significant amount of land changing land use designations.
Additionally, the site is currently developed wit h a 100,000 s quare foot industrial building, which is consistent with the proposed land use change.
The other amendment relates to permitted uses within the AM land use designation, which will allow the sal e of Recreational Vehicles within an appropriate land use designation; and
d. In the case of an amendment to a specific plan land use map, the subject site is physically suitable, including but not limited to parcel size, sh ape, access, availability of utilitie s and compatibility with adjoining land u ses, for the requested land use designation and anticipated development. The proposed change to the land use map is for a developed property located at 4331 Eucalyptus Avenue. There is an existing 100,000 square f oot industrial building occupied by Warn Industries. The business operation falls within the permitted land uses of the M land use district of the EBPSP.
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Attachment: PC Reso PC2021-041 EBPSPA [Revision 3] (PL21-0042 (Eucalyptus Business Park Specific Plan Amendment))
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RESOLUTION NO. PC2021-041
2. CEQA Findings. An Addendum has been prepared that concludes the Project would not create any new significant impacts or impacts that are significantly different than those identified in FEIR. The Addendu m satisfies the requirements of the CEQA and the CEQA Guidelines (Cali fornia Public Resources C ode §§ 21000 et seq .; 14 Cal. Code Regs. §§ 15000 et seq.); and
3. Recommendation of Approval of PL21-0042 (Eucalyptus Business Park Specific Plan Amendment). The Planning Commission hereby recommends the City Council approve PL21-0042 (Eucalyptus Business Park Specific Plan Amendment); and
4. Actions by the Plann ing Commission Secretary . The Pl anning Commission Secretary is hereby directed to attest as to the adoption of this Resolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.
PASSED, APPROVED and ADOPTED THIS 6th day of December 2021.
PLANNING COMMISSION CHAIRPERSON
ATTEST:
SECRETARY, PLANNING COMMISSION
6.2.a
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RESOLUTION NO. PC2021-041
State of California )
County of San Bernardino ) §
City of Chino )
I h ereby certify the foregoin g Reso lution was duly adopted by the Chino Planning Commission at a meeting held on the 6th day of December 20 21 and entered in the minutes of said Commission.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
SECRETARY, PLANNING COMMISSION
6.2.a
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RESOLUTION NO. PC2021-042
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT
AN ADDENDUM TO THE CERTIFIED EUCALYPTUS BUSINESS PARK
SPECIFIC PLAN (EBPSP) FINAL ENVIRONMENTAL IMPACT REPORT (SCH# 89070310) FOR THE 4331 E UCALYPTUS AVENUE PROJECT, LOCATED AT 4331 EUCALYPTUS AVENUE (APN: 1025-111-04).
PL21-0042 (SPECIFIC PLAN AMENDMENT).
WHEREAS, the City of Chino (the City) certified the Eucalyptus Business Park Specific Plan (EBPSP) Final En vironmental Impact Report (SCH No. 89070310) on November 20, 1990; and
WHEREAS, in compliance with the California Environmental Quality Act (“CEQA”), an Addendum to the EBPSP Environmental Impact Report (SCH No. 89070310) for the 4331 Eucalyptus Avenue Project, dated October 2021, has been prepared by Kimley Horn, for PL21-0042 (Eucalyptus Business Park Specific Plan Amendment) (the “Project”); and
WHEREAS, the proposed Project consists of an amendment to the Eucalyptus Business Park Specific Plan to amend the land use designation of the 4331 Eucalyptus Avenue (APN: 1025-111-04) from BP (Business Park) to M (Manufacturing) and to allow the sale of Recreational Vehicles as a permitted land use in the AM (Auto Mall) land use designation; and
WHEREAS, prior to making a decision on the Project, the Planning Commission considered the proposed Addendum together with the F inal Environmental Impact Report (FEIR); and
WHEREAS, on December 6, 2021, the Planning Commission held a duly noticed public hearing to consider t he Addendum i n compliance with all applicable laws, considered the written and oral report of staff, and took public testimony on the Project.
NOW, THEREFORE, the Planning Commission of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:
A. The foregoing recitals are true and correct and incorporated herein.
B. Based on substantial evi dence, both written and oral, from the public hearing, the Planning Commission makes the following findings and takes the following actions with respect to the Addendum:
1. Some changes or additions to the FEIR are necessary as a result of the Project, but none of the conditions de scribed in Section 15162 of the C EQA Guidelines
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RESOLUTION NO. PC2021-042
calling for the preparation of a subsequent EIR have occurred, as more fully discussed in the Addendum. Therefore, an addendum to the FEIR is appropriate.
2. The Add endum is adequate for the proposed Project and complies with the requirements of CEQA.
3. The Planning Commission hereby recommends the City Council adopt the Addendum to the Environmental Impact Report (SCH No. 89070310) for the 4331 Eucalyptus Avenue Project, dated October 2021, prepared by Kimley Horn.
4. The Planning Commission Secretary is hereby directed to attest as to the adoption of this Resolu tion as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.
PASSED, APPROVED, and ADOPTED this 6th day of December 2021.
PLANNING COMMISSION CHAIRPERSON
ATTEST:
SECRETARY, PLANNING COMMISSION
6.2.b
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RESOLUTION NO. PC2021-042
State of California )
County of San Bernardino ) §
City of Chino )
I hereby certify the foregoing Resolution was duly adopted by the Chino Planning Commission at a meeting held on the 6th day of December 20 21 and entered in t he minutes of said Commission.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
SECRETARY, PLANNING COMMISSION
6.2.b
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: FRED GALANTE, CITY ATTORNEY
SUBJECT: ARGUMENT IN SUPPORT OF BALLOT MEASURE - JUNE 7, 2022 DIRECT PRIMARY ELECTION.
RECOMMENDATION
That the City Council review and approve the primary argument in favor of the proposed ballot measure for submission to the voters.
FISCAL IMPACT
Approval of the argument in favor of the proposed housing measure is not expected to have any financial impact.
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: ARGUMENT IN SUPPORT OF BALLOT MEASURE - JUNE 7, 2022 DIRECT
PRIMARY ELECTION
PAGE 2
BACKGROUND
On January 4, 2022, the City Council approved an update to the City’s Housing Element (2021 - 2029 Housing Element Update), subject to compliance with the City’s Measure M. The residents of the City adopt ed Measure M, codified as Section 20.15.020 of the Chino Municipal Code, to establish maximum densities for residential lands in the City. Measure M provides that, with the exception of senior housing projects, residential housing developments may not exceed the maximum land use designations set forth by the zoning map, zoning ordinance, or any development agreement in effect on November 8, 1988. Nor may land that has not been designated for residential development, such as commercial and/or industrial, a s set forth in the General Plan, specific plans, or development agreements approved by the City prior to November 8, 1988, be rezoned to accommodate the development of housing without the approval of a vote by the City’s residents.
Compliance with Measure M is required to authorize Programs 3B and 3C of the proposed Housing Element Update, which are the application of two affordable and mixed -use overlays (AFF-OV and MU -OV) to meet the City’s Regional Housing Needs Allocation (“Overlays”). To this end, als o on January 4, 2022, the Council authorized a Special Municipal Election be consolidated with the Statewide Primary Election on June 7, 2022 for the submission of a measure to City voters in accordance with Measure M to authorize the additional residentia l units within the Overlays.
At the January 4, 2022 City Council meeting, the Council directed that the Mayor and Mayor Pro Tem author the ballot argument in favor of the proposed measure.
ISSUES/ANALYSIS
Elections Code section 9282 provides that the le gislative body, or any member or members of a legislative body authorized by that body, may file written arguments for or against any City measure. Also, per Elections Code section 9287, the legislative body, or members of a legislative body, are given priority for filing arguments for or against any City ballot measure.
In accordance with the authorization of the Elections Code, the Mayor and Mayor Pro Tem have prepared a draft of the proposed argument in favor of the ballot measure to authorize the Overlays of the Housing Element Update. The draft argument is attached as Exhibit 1 for consideration by the City Council. The argument would be most effective if authorized and signed by the entire City Council.
The draft argument meets the requirements of the Elections Code insofar as it does not exceed 300 words. In the event that an argument is filed against the measure, the author or a majority of the authors of the primary argument may prepare the rebuttal argument. Accordingly, if the City Council a pproves and submits the primary argument, it may prepare and submit the rebuttal argument.
Attachment: Argument in Favor of Ballot Measure
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01225.0005/762446.7
Argument In Favor Of Measure ___
State law requires the City of Chino to update its Housing Element for the period 2021 -2029. The State- mandated Regional Housing Needs Assessment (“RHNA”) requires the City to identify land to accommodate the possible development of 6959 housing units. The amount of housing units are set by the State, with no input from local representatives. As a result, the City’s proposed Housing Element update includes an option to develop a variety of housing, including market rate, affordable and mixed-use.
Meeting the State mandates under RHNA is critical because, if the city is non-compliant, it faces potential penalties, including: losing the ability to issue building permits for those wishing to upgrade their properties; losing the ability to disapprove housing developments; risk ing court orders suspending the City’s authority to issue zoning approvals; risking legal challenges by the California Attorney General and others, with potential financial penalties; and losing opportunities for grant funding (including park grants).
The State can also take over the City’s zoning powers and dictate where housing can be built.
Measure M was adopted by the City of Chino voters in 1988. This measure ensures that current zoning may not be increased or changed unless it is approved by a majority vote of the residents.
The proposed new Measure will allow the City to remain compliant with the State’s housing mandates and would not subject the City to any potential penalties for failing to comply.
Vote YES on Measure _______!
Mayor Eunice M. Ulloa
Mayor Pro Tem Marc Lucio
Council Member Karen C. Comstock
Council Member Christopher Flores
Council Member Walt Pocock
12.15.a
Argument In Support of Ballot Measure - June 7, 2022
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Revenue: Expenditure: 5307340-40005-SW211
Transfer In: 5301000-50000 Transfer Out: 1001000-40001
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: AWARD OF CONSTRUCTION CONTRACT - YORBA AVENUE AND EUCALYPTUS AVENUE SEWER MAIN REPLACEMENT PROJECT (SW211).
RECOMMENDATION
1) Appropriate $2,819,321 from the unappropriated reserves of the Sewer Enterprise Fund 2) increase the SW211 project budget to $5,319,321; 3) Award a construction contract to MNR Construction, Inc. in the amount of $4,468,330, for the construction of the Yorba Avenue and Eucalyptus Avenue Sewer Main Replacement Project; 4) authorize additional expenditures up to $446,833 for construction contingencies, for a potential total contract amo unt not to exceed $4,915,163; 5) approve additional expenditures for project management, geotechnical inspection services, construction management, and associated project expenses in an amount not to exceed $110,158; and 6) authorize the City Manager to ex ecute the necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation, in the amount of $2,819,321 from the unappropriated reserves of the Sewer Enterprise Fund.
12.16 NEW BUSINESS
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: AWARD OF CONSTRUCTION CONTRACT - YORBA AVENUE AND EUCALYPTUS AVENUE SEWER MAIN REPLACEMENT PROJECT (SW211) PAGE 2
BACKGROUND
The City’s 1993 Sewer Master Plan revealed potential sewe r capacity deficiencies along Yorba Avenue between Murrieta Street and Eucalyptus Avenue and along Eucalyptus Avenue between Yorba Avenue and Monte Vista Avenue. See attached Vicinity Map (Exhibit A) for location. Since then, City staff have observed high volumes of sewer flow attributable to industrial customers which discharge to the sewer collection system in the area of concern. In consideration of the high industrial discharges and the potential increase of upstream sewer flows due to conversion of septic systems in the City's sphere of influence, SW211 was included in the fiscal year 2021/22 Capital Improvement Program budget to replace and upsize the sewer along the impacted segment.
On July 7, 2020, City Council approved a Professional Services Agre ement with West & Associates Engineering, Inc., Foothill Ranch, CA in an amount of $180,600 for engineering and design services and engineering services during construction.
Plans and specifications were prepared for SW211 scope of work including replaceme nt of existing 10” and 15” Vitrified clay pipe (VCP) sewer mains with larger diameter VCP or High Density Poly Ethylene (HDPE) pipe by using a combination of trenchless and open trench methods, installation of steel casing across railroad property, install ation of a temporary bypass, replacement of existing sewer manholes, construction of new sewer manholes, rehabilitation of existing sewer manhole, removal of existing sewer manholes, reconnection of sewer laterals, pipe backfill and bedding with asphalt co ncrete overlay for trench repair, adjustment of existing utility lines, full depth asphalt concrete pavement repairs, slurry seal including crack sealant and weed abatement, restoration of traffic detector loops, striping, traffic control, perform night wo rk, and post-construction closed-circuit television (CCTV) inspection.
Staff has determined that the project is Categorically Exempt per Section 15301 “Existing Facilities” subsection (c), Class 1 California Environmental Quality Act (CEQA).
ISSUES/ANALYSIS
On December 18 and 25, 2021, a Notice Inviting Bids was published on PlanetBids and in the Chino Champion newspaper. On December 29, 2021, January 6, 2022, and on January 10, 2022, addenda were issued to provide clarifications to bidder request for in formation. On January 14, 2022, seven (7) bids were received and opened with the results shown below. The initial apparent low bidder, CEM Construction Corp., withdrew their bid due to a clerical error found in their calculated total bid amount.
Company Name Total Base Bid Amount
1. MNR Construction, Inc. $4,388,330
2. Colich & Sons, LP $4,691,000
3. GRBCON, Inc. $4,821,245
4. Ramona, Inc. $4,984,750
5. Downing Construction, Inc. $5,025,465
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: AWARD OF CONSTRUCTION CONTRACT - YORBA AVENUE AND EUCALYPTUS AVENUE SEWER MAIN REPLACEMENT PROJECT (SW211) PAGE 3
6. Miladen Buntich Construction $5,874,050
7. CEM Construction Corp. Withdrawal
The award of contract was based on the lowest responsible bidder for the base bid schedule.
An alternative bid schedule which allows the contractor, at the direction of the City, to repair asphalt pavement outside the trench limits were found to be reasonable. Therefore, staff is recommending inclusion of item 35 to be utilized to avoid any unnecessary project delays for an additional amount of $80,000.
MNR Construction, Inc., La Verne, CA is properly licensed and thus, deemed to be the lowest responsible and responsive bidder with a base bid of $4,388,330 plus the alternate bid of $80,000 for a total amount of $4,468,330. Therefore, staff is recommending that City Council award a contract to MNR Construction, Inc., in the total bid amount of $4,468,330 for the Yorba Avenue and Eucalyptus Avenue Sewer Main Replacement project. In addition, staff is requesting authorization to spend up to $446,833 for project contingencies.
Staff is recommending an appropriation of $2,819,321 from the unappropriated reserves of the Sewer Enterprise Fund to fund the construction of the sewer line and asphalt pavement repairs outside the trench limits which may include full -depth asphalt pavement repairs based on the condition of the roadway.
Attachments: Exhibit A - SW211 Vicinity Map
MNR Construction, Inc. Contract
12.16 NEW BUSINESS
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YORBA AVEMURRIETA STSCHAEFER AVEEDISON AVEEUCALYPTUS AVEMONTE VISTA AVECENTRAL AVERAMONA AVECHINO AVE SW211 - VICINITY MAP
YORBA AVE & EUCALYPTUS AVE SEWER REPLACEMENT
740 0 740370 Feet
12.16.a
Award of Contract: SW211 Yorba & Eucalyptus Sewer Main
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Contract No.:__________
Approved: ____________
AGREEMENT
YORBA AVENUE AND EUCALYPTUS AVENUE SEWER MAIN REPACEMENT PROJECT – SW211
THIS AGREEMENT is made and entered into this 15th day of February, 2022 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, andMNR Construction, Inc., hereinafter called “Contractor”.
WITNESSETH, that the parties hereto mutually agree as follows:
ARTICLE I : For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitledYorba Avenue and Eucalyptus Avenue Sewer Main Replacement Project – SW211 in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.
ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount ofFour Million Nine Hundred Nineteen Thousand Seven Hundred Thirty Dollars and zero cents ($4,919,730.00) for completion of the contract work.
ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV: Contractor shall begin work withinfifty-five (55) calendar days after receiving
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Award of Contract: SW211 Yorba & Eucalyptus Sewer Main
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a Notice to Proceed from the City and the work shall be completed withinone hundred fifty (150) working calendar days . If the work is not completed within said time period, liquidated damages shall apply.
ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post-Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.
ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
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ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.
ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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Award of Contract: SW211 Yorba & Eucalyptus Sewer Main
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IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.
Approved as to Form: Approved as to Content:
City Attorney Amer Jakher
Director of Public Works Department
MNR CONSTRUCTION, INC.:
Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)
CITY OF CHINO
Dated:
Matthew C. Ballantyne, City Manager
ATTEST:
Angela Robles, City Clerk
Date
12.16.b
Award of Contract: SW211 Yorba & Eucalyptus Sewer Main
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Revenue: Expenditure: 3207170 - 48005 | 48007 | 48008 | 48009 - MS181
Transfer In: 5207310-40003-MS181 Transfer Out:5207310-40003-WA161
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: AWARD OF CONTRACT - MS181 FY2021 -22 LOCAL STREET OVERL AY PROJECT.
RECOMMENDATION
1) Approve a Water Fund (520) budget transfer of $289,643.81 from project WA161 to project MS181; 2) approve an increase of $289,643.81 to project MS181 for an amended project budget of $1,652,826.52; 3) award a construction contract in the amount of $1,190,605 to PALP DBA Excel Paving Long Beach, CA for Project MS181 FY 2021-22 Local Street Overlay at 16th, 17th, and 18th Streets between Tronkeel and Serene Avenues and Serene Avenue from Benson Avenue to east of 18th Street; 4) authorize expenditures of $119,061 for construction contingencies, for a potential agreement amount not-to-exceed $1,309,666; 5) authorize expenditures of up to $119,061 for construction and engineering management, 59,531 for inspection costs; and 6) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
Requires a Water Fund (520) budget transfer of $289,643.81 from Project WA161 to Project MS181, for an amended FY2021-22 project budget of $1,652,826.52 for MS181.
12.17 NEW BUSINESS
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: AWARD OF CONTRACT - MS181 FY2021-22 LOCAL STREET OVERLAY
PROJECT
PAGE 2
BACKGROUND
In 2015, Water Main Replacement (Drawing Nos. CB -2426 to CB -2434) was constructed on 16th, 17th, and 18 th Streets. Upon completion of the project, staff evaluated the condition of the pavement surface and determined that Serene and all th ree streets were deteriorated and needed to be completely overlaid or reconstructed. City Council awarded a Professional Services Agreement on February 4, 2020, to NV5, Inc., Irvine, CA to prepare plans for Project MS181 Local Street Overlay Program which include grind and overlay of the streets, curb ramps, and driveway improvements. The project’s design scope includes the evaluation and reconstruction of the curb ramps at the Tronkeel Avenue intersections for accessibility compliance. Constructing these improvements will give the public safe and compliant crosswalks, sidewalks, and curb ramps and the roadways will be maintained, in keeping with City council's goals to enhance the appearance of the City.
Because a portion of the work requires repairs and overlay along the "non -standard" utility trenches left behind by the 2015 Water Main Replacement Project, a portion of the funds for this project are coming from water enterprise funds. Staff has identified funds and a request of budget transfer is part of this staff report.
ISSUES/ANALYSIS
On January 5, 2022, staff published a formal Notice Inviting Bids (IFB 20227001) via the City’s PlanetBids website and locally on January 8, 2022 and January 15, 2022 for Project MS181 Local Street Overlay Program. On February 2, 2022 at 10:00 a.m., five (5) bids were received and opened with the following results:
Company Name City Bid Amount
PALP DBA EXCEL PAVING Long Beach, CA $1,190,605
SEQUEL CONTRACTORS
INC
Santa Fe Springs, CA $1,404,687
PUB CONSTRUCTION INC Diamond Bar, CA $1,317,882.40
ALL AMERICAN ASPHALT Corona, CA $1,889,458
HARDY & HARPER INC Lake Forest, CA $2,080,000
The estimated project costs are itemized below:
Project Task Budget Amount
Construction $1,190,605
Construction and Engineering Management
(10%)
$119,061
Inspection (5%) $59,531
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: AWARD OF CONTRACT - MS181 FY2021-22 LOCAL STREET OVERLAY
PROJECT
PAGE 3
SUBTOTAL COST $1,369,197
Contingency (10%) $119,061
EST. PROJECT COST TOTAL $1,488,258
The low bidder, PALP DBA EXCEL PAVING Long Beach, CA is properly licensed and deemed to be the lowest responsible bi dder with a base bid in the amount of $1,190,605. In addition, staff is requesting authorization to spend up to $119,061 for construction management costs, $59,531 for inspection costs, and $119,061 for contingency costs. This brings the total potential project construction cost to $1,488,258.
Attachment: Construction Contract - PALP dba Excel Paving
12.17 NEW BUSINESS
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Contract No.:
Approved:
FY 19/20 Local Street Overlay Project
16th, 17th, And 18th Streets between Tronkeel Avenue and Serene Avenue and
Serene Avenue from Benson to E/O 18th Street
Project No. MS – 181
AGREEMENT
THIS AGREEMENT is made and entered into this 15TH day of February, 2022 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and PALP dba Excel Paving hereinafter called “Contractor”.
WITNESSETH, that the parties hereto mutually agree as follows:
ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled FY 19/20 Local Street Overlay Project, 16th, 17th, and 18 th Streets between Tronkeel Avenue and Serene Avenue and Serene Avenue from Benson to E/O 18th Street, Project No. MS – 181 in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.
ARTICLE II: Contractor shall be respo nsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of ev ery description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of One Million One Hundred Ninety Thousand Six Hundred Five Dollars and Zero Cents ($1,190,605.00) for completion of the contract work.
ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV: Contractor shall begin work within fifty-five (55) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within one hundred and twenty (120) working days. If the work is not completed within said time period, liquidated damages shall apply.
ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents,
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Award of Contract - MS181 Local Street Overlay Project
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the Required Post -Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.
ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provi sion of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.
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ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.
Approved as to Form: Approved as to Content:
City Attorney Amer Jakher, P. E.
Director of Public Works
PALP DBA EXCEL PAVING
Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)
CITY OF CHINO
Dated:
Matthew C. Ballantyne, City Manager
ATTEST:
Angela Robles, City Clerk
Date
12.17.a
Award of Contract - MS181 Local Street Overlay Project
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12.17.b
Award of Contract - MS181 Local Street Overlay Project
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Award of Contract - MS181 Local Street Overlay Project
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