Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “ Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers.
Additionally, members of the public may submit electr onic inquiries or comments by submitting emails to [email protected]
In complia nce with the Americans with Disabilities Act, if you require a reasonable accommodation to participate in this meeting, please contact the City Clerk’s Office (909) 334 -3306, at least 48 hours prior to the advertised starting time of the meeting.
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during no rmal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, s uch documents will be posted on the City’s website at www.cityofchino.org.
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY MARCH 1, 2022
OPEN SESSION – 7:00 PM
AGENDA
ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Member Karen C. Comstock, Council Member Christopher Flores, Council Member Walt Pocock.
FLAG SALUTE
PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.
1. Redistricting Preferred Map and First Reading of an Ordinance to Adopt the New City Council District Boundaries . Approve the Introduction of Ordinance No. 2022 -004, adopting the attached "Preferred Map" as the new voting district map for the City of Chino.
Staff Report by: F red Galante, City Attorney and Jeff Simone tti, National Demographics Corporation.
RECOMMENDATION: 1) Conduct the public hearing and receive public comments on the Preferred Voting District Map; 2) consider and approve the introduction of Ordinance No. 2022 - 004, adopting the Preferred Voting District Map as the City of Chino's new voting district map to be read by number and title only and waive further reading of the ordinance.
CHINO CITY COUNCIL
MARCH 1, 2022 2
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CEREMONIALS
Proclamations
National Nutrition Month Proclamation - March 2022.
Presentations
Mayor's Home Beautification Award - March 2022.
Business of the Month March 2022 - Chino Plaza Pharmacy
AGENDA ADDITIONS/REVISIONS
PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.
PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Coun cil policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97 - 08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).
CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests th at an item be removed from the Consent Cal endar, all items will be acted upon as a whole and by one vote.
1. Warrants. Approve expenses as audited and within budget for warrants 758752 to 758995, and Electronic Fund Transfers 514623E to 514711E, totaling $3,936,841.20.
2. Minutes - Regular Meeting of February 15, 2022 (All Members Present).
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. Federal Asset Forf eiture Funds - Trunk Vault. Appropriate $9,261.76 from the Federal Asset Forfeiture / Department of Justice Fund to purchase and install trunk vaults to four Chino Police Department vehicles assigned to the Detective Bureau.
5. Vendor Cap Increase and Amendment to Purchase Order with Bob Wondries Motors . Approve a vendor cap increase for Bob Wondries Motors, Alahambra, CA, in the amount of $48,307.68, for a revised FY21 -22 vendor cap amount not -to-exceed $289,846.08 and approve an amendment to Purchase Order No. 70220439.
CHINO CITY COUNCIL
MARCH 1, 2022 3
6. Final Acceptance of Public Improvements - PL 17-0059 (Chino Self Storage, LLC) . Accept the public improvements constructed by Chino Self Storage located at 15950 Euclid Ave nue south of Kimball Avenue as complete.
7. Adoption of Ordinance No. 2022-002 (MSSPA) (Second Reading). Adopt Ordinance No. 2022 - 002 on second reading, amending the Majestic Spectrum Specific Plan to allow for animal care to be a conditionally permitted use.
ORDINANCE NO. 2022-002
AN ORDINANCE OF THE CITY COUNC IL OF THE CITY OF CHINO, CALIFORNIA,
AMENDING THE MAJESTIC SPECTRUM SPECIFIC PLAN LAND USE MATRIX TO ALLOW
FOR ANIMAL CARE TO BE A CONDITIONALLY PERMITTED USE WITHIN THE RM (REGIONAL MALL) LAND US E DISTRICT. PL21 -0047 (MAJESTIC SPECTRUM SPECIFIC PLAN AMENDMENT).
M _____ S _____ RC _____
CONTINUED BUSINESS
8. Adoption of Ordinance No. 2022 -003 (EBPSPA) (Second Reading) . Adopt Ordinance No. 2022-003 on second reading, amending the Eucalyptus Bu siness Park Specific Plan to allow the sale of Recreational Vehicles.
Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.
RECOMMENDATION: Adopt Ordinance No. 2022 -003 on second reading, amending the Eucalyptus Business Park Specific Plan to allow the sale of Recreational Vehicles.
ORDINANCE NO. 2022-003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,
AMENDING THE EUCALYPTUS BUSINESS PARK SPECIFIC PLAN TO ALLOW
RECREATIONAL VEHICLE SALES AS A PERMITTED LAND USE WI THIN THE
EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AUTO MALL (A M) LAND USE DESIGNATION. PL21 -0042 (EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT).
M _____ S _____ RC _____
NEW BUSINESS
9. Change Order - Ayala Park Improvements - North Parking Lot, Picnic Pavilion, and Accessibility Project (PK221). Approve a change order in the amount of $45,101.31 to Klassic Engineering and Construction Inc., Orange, CA for the Ayala Park Improvements - North Parking Lot, Picnic Pavilion, and Accessibility Project PK221.
Staff Report by: Keith Martinez, Assistant Project Coordinator.
RECOMMENDATION: 1) Approve a change order in the amount of $45,101.31 to Klassic Engineering and Construction, Inc., Orange, CA for the Ayala Park Improvements - North Parking Lot, Picnic Pavilion, and Accessibility Project; 2) appropriate $32,703.41 from the unappropriated reserves of the park fund and increase the project budget to $1,715,790.25; 3 ) approve a project contingency of $4,510; 4) authorize a vendor cap increase of $32,703.4 1 to equal a total not -to-exceed amount of $1,589,709.27; and 3) authorize the City Manager to execute all documents on behalf of the City.
CHINO CITY COUNCIL
MARCH 1, 2022 4
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10. Award of Construction Contract - Well 11 Raw Water Transmission Main Project (WA2 11).
Adopt a Resolution for Initial Study/Mitigated Negative Declaration and Award a Construction Contract in the amount of $2,667,685.22 to MCC Equipment Rentals, Inc. for construction of the Well 11 Raw Water Transmission Main Project (WA211) and approv e associated project expenses.
Staff Report by: Amer Jakher, Director of Public Works.
RECOMMENDATION: 1) Adopt Resolution No. 2022 -015, adopting a Mitigated Negative Declaration for the Well 11 Raw Water Transmission Main Project (WA211); 2) award a construction contract to MCC Equipment Rentals, Inc., Yucapia, CA, in the amount of $2,667,685.22, for the construction of the Well 11 Raw Water Transmission Main Project; 3) authorize additional expenditures up to $266,768.52 for construction contingencies, f or a potential total contract amount not-to-exceed $2,934,453.74; 4) approve additional expenditures for project management, geotechnical inspection services, constru ction management, and associated project expenses in an amount not to exceed $430,000; and 6) authorize the City Manager to execute the necessary documents on behalf of the City.
M _____ S _____ RC _____
MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assign ment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.
Mayor Ulloa
Mayor Pro Tem Lucio
Council Member Comstock
Council Member Flores
Council Member Pocock
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, March 15, 2 022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
CHINO CITY COUNCIL
MARCH 1, 2022 5
I, Angela Robles, City Clerk of the City of Chino, hereb y declare that on Friday, February 25, 2022 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Angela Robles, City Clerk.
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
OFFICE OF THE CITY ATTORNEY
COUNCIL MEETING DATE: MARCH 1, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: FRED GALANTE, CITY ATTORNEY
SUBJECT: REDISTRICTING PREFERRED MAP AND FIRST READING OF AN ORDINANCE TO ADOPT THE NEW CITY COUNCIL DISTRICT BOUNDARIES.
RECOMMENDATION
1) Conduct the public hearing and receive public comments on the Preferred Voting District Map; 2) consider and approve the introduction of Ordinance No. 2022-004, adopting the Preferred Voting District Map as the City of Chino's new voting district map to be read by number and title only and waive further reading of the ordinance.
FISCAL IMPACT
There is no financial impact associated with this action.
4.1 PUBLIC HEARING
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COUNCIL MEETING DATE: MARCH 1, 2022
SUBJECT: REDISTRICTING PREFERRED MAP AND FIRST READING OF AN ORDINANCE
TO ADOPT THE NEW CITY COUNCIL DISTRICT BOUNDARIES
PAGE 2
BACKGROUND
California Assembly Bill (AB) 849 requires that cities, after each decennial federal census, adopt an ordinance or resolution that establishes a new voting district map with each district containing substantially equal population. Moreover, AB 849 requires that the prospective map comply with the United States Constitution, the California Constitution, the federal Voting Rights Act of 1965, that no district favor or discriminate against a political party, and that the map comply with four ranked criteria that includes the following (listed in the order of priority):
(1) To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. (2) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “comm unity of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates. (3) Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city.
(4) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
In addition, AB 849 demands that cities hold at least four public hearings (with at least two of those hearings occurring after draft maps have been drawn) prior to adopting a new voting district map. Wi th the March 1, 2022, public hearing included, the City has held seven public hearings to complete this process. A brief description of those public hearings and workshops is provided below:
Public Hearing or Workshop Date Events that occurred at the public hearing or workshop
July 6, 2021, Public Hearing (Prior to
receiving draft maps)
Introduce the redistricting process and gather public
input on Chino’s communities of interest and
neighborhoods as those terms are defined in AB 849.
September 7, 2021, Public Hearing
(Prior to receiving draft maps)
Revisited the redistricting process, considered potential communities of interest, and based on public comments,
received direction from the City Council on the
communities of interests and neighborhoods. Staff
brought back a resolution under the Consent Calendar
on September 21, 2021, memorializing those defined
areas.
December 8, 2021, Community
Workshop (Prior to receiving draft
City staff and National Demographics Corporation held a community workshop to review the redistricting process
4.1 PUBLIC HEARING
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COUNCIL MEETING DATE: MARCH 1, 2022
SUBJECT: REDISTRICTING PREFERRED MAP AND FIRST READING OF AN ORDINANCE
TO ADOPT THE NEW CITY COUNCIL DISTRICT BOUNDARIES
PAGE 3
maps) and to go over the public mapping tools.
January 18, 2022, Public Hearing (Post
receiving draft maps)
Considered the draft maps that were received. After
hearing public comments, the City Council directed staff to schedule a special called city council meeting to
review the draft maps further.
February 7, 2022, Special Called City
Council Meeting - Redistricting
Workshop (Post receiving draft maps)
The City Council and public considered the draft maps
further and ultimately identified three focus maps. The focus maps included Maps 103, 106 (pending
modifications), and 113 (pending modifications).
February 15, 2022, Public Hearing
(Post receiving draft maps)
To extent it was feasible, staff incorporated the
requested modifications to Maps 106 and 113. They
were incorporated as Maps 106A and 113A. The City
Council and public were provided all draft maps to
review, but in particular, they directed their attention to the focus maps. After closing the public hearing, the City Council voted to select Map 103 as its “Preferred Map.” March 1, 2022, Public Hearing (Post
receiving draft maps)
As of this writing, and as it is noted in staff’s
recommendation, it is anticipated the City Council will conduct the public hearing and consider the introduction of Ordinance No. 2022-004, adopting the Preferred
Voting District Map as the City of Chino's new voting
district map to be read by number and title only and
waive further reading of the ordinance.
ISSUES/ANALYSIS
National Demographics Corporation (NDC), the City’s redistricting consultant has confirmed that the “Preferred Map” attached to Ordinance No. 2022 -004 as Exhibit A complies with federal requirements of substantially equal population, complies with the fed eral Voting Rights Act of 1965, avoids racial gerrymandering, and complies with all the aforementioned AB 849 requirements (e.g., contiguous districts, undivided communities of interest and neighborhoods, easily identifiable districts, and compact districts).
Therefore, after taking all concerted efforts to engage the public through numerous outlets and going above and beyond the legally required number of public hearings or workshops, and in NDC’s acknowledgement that the “Preferred Map” encompasses all t he necessary legal requirements, it is staff’s recommendation that the City Council approve the introduction of Ordinance No. 2022-004, adopting the “Preferred Map” as the City of Chino’s new voting district map.
The proposed Ordinance further amends Section 2.06.020 of the Chino Municipal Code insofar as it describes the boundaries of each voting district to comport to the boundaries of the districts in the "Preferred Map." Lastly, it should be noted that the election sequencing for the “Preferred Map” will follow the schedule detailed in Chino Municipal Code Section 2.06.030 with Districts 2 and 3 being up for election in November 2022 and the Mayor’s seat (at-large) along with Districts 1 and 4 scheduled to be up for election in November 2024.
4.1 PUBLIC HEARING
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COUNCIL MEETING DATE: MARCH 1, 2022
SUBJECT: REDISTRICTING PREFERRED MAP AND FIRST READING OF AN ORDINANCE
TO ADOPT THE NEW CITY COUNCIL DISTRICT BOUNDARIES
PAGE 4
Attachments: Ordinance No. 2022-004
4.1 PUBLIC HEARING
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01225.0001/770855.1 1
ORDINANCE NO. 2022-004
AN ORDINANCE OF THE CITY OF CHINO AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.0 6, CITY COUNCIL, OF THE CHINO MUNICIPAL
CODE RELATING TO DISTRICT ELECTIONS WITH RESPECT TO ELECTING CITY
COUNCIL MEMBERS, ESTABLISHING NEW DISTRICT BOUNDARIES
WHEREAS, pursuant to Government Code sections 34871 and 34886, the City has the authority to adopt an ordinance requiring members of the City Council to be elected by districts , comprising of four districts with an elective mayor; and WHEREAS, pursuant to AB 849, at California Elections Code section 21600 et seq., as it may be amended from time to time, the City Council shall adjust the boundaries of any or all the districts following each federal decennial census to ensure that the districts contains substantially equal population and are otherwise in compliance with all applicable provisions of law; WHEREAS, consistent with AB 849, the City Council held public hearings on July 6, 2021, September 7, 2021, January 18, 2022, February 15, 2022 and March 1, 2022 to receive public input regarding the composition of district maps, and also held a community workshops on December 8, 2021 and February 7, 2022 regarding the content of proposed district maps and public mapping tools; and
WHEREAS, following the public hearings and workshops, the City Council duly considered all documentation, testimony and draft maps prepared by its consultant and members of the public and identified a preferred map, labeled as Map 103, which map, in the opinion of the City Council, best meets the requirements of AB 849 (“Preferred Map”); WHEREAS, to implement the Preferred Map identified through the various public hearings and workshops, the City Council wishes to amend the Chino Municipal Code at Section
2.06.020 to adopt the preferred map pursuant to this Ordinance; WHEREAS, the City Council electoral districts to be re-districted are described further in this Ordinance and shown on the district map attached hereto as Exhibit “A” to this Ordinance.
NOW THEREFORE , the City Council of the City of Chino does hereby ordain as follows:
SECTION 1. The above recitals are incorporated are hereby by reference.
SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment , a nd merely provides for ministerial regulations and procedures. (CEQA Guidelines § 15061(b)(3).)
4.1.a
Approve the introduction of Ordinance No. 2022-004
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01225.0001/770855.1 2
SECTION 3. Section 2.06.020 of Chapter 2.06, of Title 2, of the Chino City Municipal Code is amended to read as follows, with all other portions of Chapter 2.06 not hereby amended remaining in full force and effect:
“Section 2.04.040 Establishment of city council electoral districts.
A. Four members of the city council shall be elected on a "by-district" basis from the council districts described as follows:
1. Council District 1 shall comprise all that portion of the City beginning at the intersection of Francis Avenue and Monte Vista Avenue; thence proceeding southerly along Monte Vista Avenue to Schaefer Avenue; thence proceedin g easterly along Schaefer Avenue to Central Avenue; thence proceeding southerly along Central Avenue to Edison Avenue; thence proceeding easterly along Edison Avenue to Magnolia Avenue; thence proceeding northerly along Magnolia Avenue to Riverside Drive; thence proceeding westerly along Riverside Drive to Benson Avenue; thence proceeding northerly along Benson Avenue to State Highway 60; thence proceeding easterly along State Highway 60 to Magnolia Avenue; thence proceeding northerly along Magnolia Avenue to City limits; thence proceeding counter-clockwise along the City limits to the point of beginning.
2. Council District 2 shall comprise all that portion of the City beginning at the intersection of Riverside Drive and Benson Avenue; thence proceeding northerly along Benson Avenue to State Highway 60; thence proceeding easterly along State Highway 60 to Mountain Avenue; thence proceeding northerly along Mountain Avenue to the City limits; thence proceeding clockwise along the City limits to Edison Avenue; th ence proceeding westerly along Edison Avenue to Magnolia Avenue; thence proceeding northerly along Magnolia Avenue to Riverside Drive; thence proceeding westerly along Riverside Drive to the point of beginning.
3. Council District 3 shall comprise all that portion of the City beginning at the intersection Euclid Avenue and Edison Avenue; thence proceeding westerly along Edison Avenue to Central Avenue; thence proceeding southerly along Central Avenue to City limits including roughly 480,000 square feet of land directly west at the intersection of El Prado Road and Central Avenue; thence proceeding southerly along City limits to the point of the beginning.
4. Council District 4 shall comprise all that portion of the City beginning at the intersection of Fra ncis Avenue and Monte Vista Avenue; thence proceeding southerly along Monte Vista Avenue to Schaefer Avenue; thence proceeding easterly along Schaefer Avenue to Central Avenue; thence proceeding southerly along Central Avenue to City limits excluding roughly 480,000 square feet of land directly west at the intersection of El Prado Road and Central Avenue; thence proceeding northerly along the City limits to the point of beginning.
4.1.a
Approve the introduction of Ordinance No. 2022-004
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01225.0001/770855.1 3
B. At the time of any annexation of territory to the city, the city council s hall designate, by resolution adopted by a vote of a least a majority of the city council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries, if necessary, in accordance with Election Code section 21603, as it may be amended.
C. The council districts specified in subdivision (A) shall continue in effect until they are amended pursuant to subdivision (B) or repealed in accordance with law.” SECTION 4. This Ordinance shall take effect and be in full force and effect immediately after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of gener al circulation.
SECTION 5. The City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Chino.
PASSED, APPROVED, AND ADOPTED this 15th day of March, 2022.
___________________________
Eunice M. Ulloa, Mayor
ATTEST:
________________________
City Clerk
Exhibit A – Preferred Voting District Map
4.1.a
Approve the introduction of Ordinance No. 2022-004
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p -
d
p
Election Sequencing:
Districts 2 and 3 - November 2022
Mayor (At-Large) and
Districts 1 and 4 - November 2024
4.1.b
Approve the introduction of Ordinance No. 2022-004
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M M
4.1.b
Approve the introduction of Ordinance No. 2022-004
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5.a
Proclamation - National Nutrition Month - March 2022
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5.a
Mayor's Home Beautification Award - March 2022
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: MARCH 1, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.
RECOMMENDATION
Approve expenses as audited and within budget for warrants 758752 to 758995, and Electronic Fund Transfers 514623E to 514711E, totaling $3,936,841.20.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 21-22 Operating Budget.
11.1 CONSENT CALENDAR
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COUNCIL MEETING DATE: MARCH 1, 2022
SUBJECT: WARRANTS
PAGE 2
BACKGROUND
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:
NO. WARRANTS DATE FY AMOUNT
1. 758752 – 758921 1/27/22 21-22 $1,521,820.92
2. 758922 – 758924 2/3/22 21-22 $2,776.24
3. 758925 – 758927 2/3/22 21-22 $15,180.00
4. 758928 – 758995 2/3/22 21-22 $510,404.98
5. 514623E – 514660E 1/28/22 21-22 $1,373,434.27
6. 514661E – 514711E 2/4/22 21-22 $513,224.79
*Denotes handwritten warrant
E: Electronic Fund Transfers
TOTAL $3,936,841.20
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
11.1 CONSENT CALENDAR
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Council Meeting 3/1/22
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
758768 01/27/2022 BIG BEN, INC. WATER MAIN REPLACEMENT $269,305.07 758775 CA WATER RESOURCES CONTROL BOARD WATER SYSTEM ANNUAL FEES $68,289.32 758806 GENTRY BROTHERS, INC. ALLEY REHAB PROJECT $83,306.06 758857 NORSTAR PLUMBING & ENGINEERING, INC. BRINE LINE CONSTRUCTION-EASTSIDE WATER
TREATMENT FACILITY (EWTF)
$160,222.25
758873 PACIFIC HYDROTECH CORPORATION EWTF EXPANSION $174,000.00 758896 SO CAL EDISON CO SERVICE PERIOD 12/18-01/19 $60,304.05 758919 WRIGHT CONSTRUCTION ENGINEERING
CORP
PINE AVENUE ROAD REPAIR $288,707.38
514643 01/28/2022 INLAND EMPIRE UTILITIES AGENCY METER EQUIVALENT UNIT CHARGE & WATER
PURCHASE
$735,648.35
514655 TRC ENGINEERS, INC. EWTF CONSTRUCTION EXPANSION $102,856.18 514657 WATER FACILITIES AUTHORITY IMPORTED WATER $333,880.18 758952 02/03/2022 HARDY & HARPER, INC. ASPHALT MAINTENANCE REPAIR $129,074.30 758990 WASTE MANAGEMENT COLLECTION SERVICES $99,323.15 514689 02/04/2022 HUITT-ZOLLARS, INC. PINE AVE. CONNECTOR DESIGN $62,951.87 514691 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $216,331.64 514709 TRC ENGINEERS, INC. EWTF EXPANSION $83,972.60
15 TOTAL $2,868,172.40
11.1.a
Warrants
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CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY FEBRUARY 15, 2022
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
M I N U T E S
CALL TO ORDER
The February 15, 2022 , Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:00 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.
ROLL CALL
Present: Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council M embers Karen C.
Comstock, Christopher Flores, and Walt Pocock.
Absent: None.
CLOSED SESSION
City Attorney Fred Galante read into the record the items listed on the Closed Session agenda.
1. CONFERENCE WITH REAL PROPERTY NEGO TIATOR. Pursuant to Government Code Section 54956.8.
Property: 12931 Central Avenue (102004 -307-0000); 12921 and 12923 Central Avenue (102004-308-000)
Agency Negotiator: Matthew Ballantyne, City Manager
Negotiating Parties: Chong Su Yi and Randy K. Yi
Under Negotiations: Price and terms of potential acquisition
2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Paragraph (2 or 3) of Subdivision (d) of Government Code Section 54956.9: (1 case).
Claimant: Big Ben, Inc.
3. LIABILITY CLAIMS
Pursuant to Government Code Section 54956.95:
Claimant: Brickley Construction Company, Inc., dba Brickley Environmental Agency claimed against: City of Chino
CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.
The City Council recessed to Closed Session at 6:03 p.m. and concluded at 6:42 p.m. The City Council reconvened the meeting at 7:00 p.m.
11.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
FEBRUARY 15, 2022 2
FLAG SALUTE
Mayor Pro Tem Lucio led the assembly in reciting the Pledge of Allegiance.
PUBLIC HEARING
1. 2021-2022 Redistricting Process. Review, consider, and discuss the focus maps and select a preferred map.
Mayor Ulloa opened the public hearing.
Staff Report by : Jack Mor gan, Assistant to the City Manager and Jeff S imonetti, National Demographics Corporation.
There being no requests to address the City Council on this item, the public hearing was closed.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 roll call vote, to select Map 103 as the Preferred Voting Dist rict Map establishing new voting district boundaries as a result of redistricting with Distric ts 2 and 3 up for election in November 2022 and Districts 1 and 4 up for election in November 2024 pursuant to the election sequencing and schedule established in Chino Municipal Code Section 2.06.030. (Preferred Map 103 will be considered f or Ordinance Introduction on March 1, 2022 and Adoption on March 15, 2022.)
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
RECESS
A recess commenced at 7:13 p .m. to prepare for the ceremonial presentations. Th e meeting reconvened at 7:20 p.m.
CEREMONIALS
Presentations
Mayor Ulloa presented the 2021 Spirit o f Achievement Award to Lisa and Rich ard Montijo, founders of UChooz a youth organization. Mayor Ulloa announced that the Montijo ’s would be recognized at the State of the City event on February 22 nd. A video was shown honoring the Montijo’s accomplishments.
Mayor Ulloa presented the Business of the Month Award for February 2022 to Sika of Chino.
The award was acce pted by Tim Rausch, Vice -President of Warehouse Operations US ; Mike Migalio Warehouse Manager; and Gus Duarte, Warehouse Supervisor.
Mayor Ulloa announced that Chino Valley Medical Cen ter received the 2021 Business of the Year Award . Chino Valley Medical C enter CEO, Parrish Scarboro , was unable to attend the Council meeting and will be recognized at the State of the City event on February 22nd.
Mayor Ulloa accompanied by Planning Com mission Chair Brandon Bl anchard presented the 2021 Planning Commission Awards as follows:
Best Ne w Res idential – Meritage Homes of California, Land mark Chino , A aron Tala rico, Vice President and Nicholas Emsiek, Division President.
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Best New Commercial / Industrial Award – Scannell Properties, FedEx Ground Facility, Tina Swisher, Vice President – Project Management.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR. Pursuant to Government Code Section 54956.8.
Property: 12931 Central Avenu e ( 102004-307-0000); 12921 and 12923 Central Avenue (102004-308-000)
Agency Negotiator: Matthew Ballantyne, City Manager
Negotiating Parties: Chong Su Yi and Randy K. Yi
Under Negotiations: Price and terms of potential acquisition
The City Council receiv ed a briefing concerning the potential acquisition, discussed prices and terms of potential acquisition, provided direction and no further reportable action was taken.
2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigat ion pursuant to Paragraph (2 or 3) of Subdivision (d) of Government Code Section 54956.9: (1 case).
Claimant: Big Ben, Inc.
The City Council received a briefing and no further reportable action was taken.
3. LIABILITY CLAIMS
Pursuant to Government Code Section 54956.95:
Claimant: Brickley Construction Company, Inc., dba Brickley Environmental Agency claimed against: City of Chino
The City Council held a discussion and motioned as follows:
Moved by Council Member Pocock, seconded by Council Member Flor es, and carried on a 5-0 roll call vote, authorized a settlement for the full deferential of the prev ailing wage cost that should have been paid for this contract in the amount of $49,065.62 in exchange for a full settlement and release of all future claims.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
AGENDA ADDITIONS/REVISIONS
City Manager Ballantyne reported that there were no agenda additions or revisions.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following community events and holidays:
• 12th Annual Chino Youth Museum DairyAire 5K and Fun Run on Saturday, March 5 th at Ayala Park located near the Chino Valley YMCA a t 5575 Edison Avenue. The Kids' Run will start at 8 :00 am with the 5K run/walk beginning at 8:15 am. For all information, please visit runchino.com or email [email protected].
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• In observance of Pres idents’ Day, Chino City Hall will be closed on Monday, February 21st. City Hall will reopen the following day at its regular operating hours of 7:30 a .m. to 5:30 p.m.
Mayor Ulloa shared that tonight’s meeting will be adjourning in the memory of Monique Berterretche who passed away on Tuesday, February 1 st. Monique was an incredibly hardworking and selfless person who dedicated her life to helping and serving others. Monique and her husband Peyo acquired Centro Basco in 1 970. Centro Basco is held so near and dear in our community, and it has been the site for celebrations and times of difficulty. We are deeply saddened by the loss of Monique and as a Council, our prayers go out to the family during this very difficult time.
PUBLIC COMMENTS
Roy Robbins of Christ Lutheran Church provided the Invocation.
Elizabeth S krzat, Executive Director of Chin o Basin Water Conservation District, provided information on the Inland Valley Garden Planner website, www.inlandvalleygardenplanner.org, an online resource to learn and select plants for various landscapes. She ex tended an invitation to the C ouncil for a special program l aunch event o n March 17 th at 10:30 a.m. at the Chino Basin Water Conservation District.
Melissa Compani from Supervisor Hagman’s office invited the community to attend Coffee with Curt on February 26th from 9:00 a.m. to 10:30 a.m. at the Montclair Police Department.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 7 58587 to 758751, and Electronic Fund Transfers 514542E to 514622E, totaling $3,895,498.61.
2. Minutes - Regular Meeting of February 1, 2022 (Pocock absent). (Pulled from Consent Calendar for a separate motion.)
3. Elected City Officials’ Report Regarding Travel, Traini ng, and Meetings . Receive and file the Elected City Officials' Report reflec ting City Council business r elated expenses incurred by the City and forecast of future events and trainings.
4. Citywide Legislative Policy. Adopt Resolution No. 2022 -013, approving a Citywide Legislative Policy.
5. Brand-Huang-Mendoza Tripartisan Land Use Initiative. Adopt Reso lution No. 2022 -012, expressing the City of Chin o's support for the "Brand -Huang-Mendoza Tripartisan Land Use Initiative" to amend Article XI of the Ca lifornia Constitution to make zoning an d land use issues community affairs, a nd n ot of state interest. (Pulled from Consent Calendar for a separate motion.)
6. Reclassification and Amen dment to the City's Classification and Salary Schedule . Adopt Resolution No. 2022 -014, 1) adding one Public Safety Dispatch er Supervisor position to the Police De partment and 2) reclassifying the Deve lopment Services Department's position of Administrative Secretary to Management Assistant and position of Secretary to Clerk Typist II.
7. Master Contract - Chino Valley Unified School District. Approve a $25,000 contract amendment to the McKinney -Vento Case Management Master Contract with the Chino Valley Unified School District.
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8. California Water and Wastewater Arrearage Pay ment Program Grant Acceptance . Accept and approve the use of $749,578.02 of grant funds (G4067) as outlined by the State of Ca lifornia under t he Cali fornia Water and Wastewater Arre arage Payment Program to pay past due monthly bills for water service.
9. The Preserve Development Agreement – Partial Assi gnment and Assumption . Approve an Assumption and Partial Assignment of the P reserve Development Agreement between the City of Chino , a municipal corporation; Chino Development Corporation, a California cor poration; and Richmond American Homes of Maryland, Inc., a Maryland corporation.
10. Public Improvement Agreement for Offsite Improvements for Future School Site (The Preserve).
Approve a Public Improvement Agreement with Chino Preserve Development Corpo ration for the construction of off -site facilities supporting future development of the s econd school site generally located on the northeast c orner o f E ast Preserve Loop and Market Street in The Preserve.
11. Final Acceptance of Public Improvements Tract Map No. 18971-1 - Lennar Homes of California, Inc. (Berkshire). Accept the public impro vements for Tract Map No.18971 -1, generally located on the no rth side of Eucalyptus Avenue be tween San Antonio Avenue and Fern Avenue, as complete and authorize release of the performance bond and initiate the warranty bond.
12. Reimbursement Agreement (P M 19830 & 19831) - Euclid/Kimball Part ners, LP a Calif ornia General Partnership . Approve a R eimbursement Agreement for public improvements associated with Parcel Map Nos. 19830 and 19831 with Euclid/Kimball Partners , LP, a California General Partnership located at 15723-15739 Euclid Avenue.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 5 -0 roll call vote, to approve Consent Calendar items 1 , 3, 4 and 6 through 12 as presented. Item 2 and Item 5 were pulled for separate motions.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
ITEMS PULLED FROM CONSENT CALENDAR
2. Minutes - Regular Meeting of February 1, 2022 (Pocock absent).
Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 4-0-1 roll call vote, to approve the minutes of the February 1, 2022 regular meeting as presented.
AYES: COMSTOCK, FLORES, LUCIO, ULLOA.
NOES: NONE.
ABSTAIN: POCOCK.
5. Brand-Huang-Mendoza Tripartisan Land Use Initiative. Adopt Reso lution No. 2022 -012, expressing the City of Chino's support for the "Brand-Huang-Mendoza Tripartisa n Land Use Initiative" to amend Article XI of the Ca lifornia Constitution to make zoning an d land use issues community affairs, and not of state interest.
Staff Report by: Jack Morgan, Assistant to the City Manager.
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Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 roll call vote, to adopt Resolution No. 2022 -012, expressing the City of Chino's support for the "Brand-HuangMendoza Tripartisan Land Use Initiative." AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
PUBLIC HEARING
13. Majestic Sp ectrum Specific Plan Amendment (PL21 -0047). Amendment to the Majestic Spectrum Specific Plan to allow Animal Care as a conditional ly permitted land us e in the Regional Mall (RM) land use district.
Mayor Ulloa opened the public hearing.
Staff Report by: Warren Morelion, City Planner.
Mr. Morelion reported that sta ff received written comments f rom Mr. Stubbie Barr about accessibility requirements for the proposed project. He stated that staff reviewed the comments and noted that accessibility would be addressed during the plan check process for the Banfield Animal Hospital.
There being no requests to address the City Council on this item, the public hearing was closed.
City Attorney Fred Galante read the title of the ordinance into the record.
ORDINANCE NO. 2022-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,
AMENDING THE MAJESTIC SPECTRUM SPECIFIC PLAN LAND USE MA TRIX TO ALLOW
FOR ANIMA L CARE TO BE A CONDITIONALLY PERMITTED USE WITHIN THE RM (REGIONAL MALL ) LAND U SE DI STRICT. PL21-0047 (MAJESTIC SPECTRUM SPECIFIC PLAN AMENDMENT).
Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 roll call vote, to 1) conduct a public hearing; and 2) approve the Introduction of Ordinance No. 2022 -002, adopting PL21 -0047 (Majestic Spect rum Specific Plan Amendment), to be re ad by number and title o nly and waive f urther reading of the Ordinance.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
14. Eucalyptus Business Park Specific Plan Amendment (P L21-0042). Adopt Resolution No. 2022- 010 adopting an Addendum to the E ucalyptus Business Park Specific Plan Environmental Impact Report (SCH No. 198 9070310) and approve the Intro duction of Ordinance No. 2022 - 003, adopting PL21-0042 Eucalyptus Business Park Specific Plan Amendment Plan.
Mayor Ulloa opened the public hearing.
Staff Report by: Warren Morelion, City Planner.
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In response to questions from Council, Mr. Morelion confirmed that if the City Council approves the proposed land use change from Business Park to Manufacturing, a business that meets the manufacturing requirements would only need a business license to operate at this location.
There being no requests to address the City Council on this item, the public hearing was closed.
Mayor Pro Tem Lucio expressed concern with the proposed land use change from Business Park to Ma nufacturing. If the land use cha nge is approve d, a manufacturer could po tentially operate from this location in the fu ture without City Council appro val. He st ated that manufacturing is not compatible with the surrounding properties and would impact the business park area and church adjacent to this property. Mayor Pro Tem Lucio stated the parcel should remain zoned Business Park.
Mayor Pro Tem Lucio stated he does not oppose recreational vehicle sales as a permitted use; however, he is not in favor of the land use change from Business Park to Manufacturing. He suggested considering the land use change separate from t he request to allow recreation vehicle sales.
Council Member Comstock agreed with Mayor Pro Tem’s suggestion to consider the land use change separate from the request for recreation vehicle sales as a permitted use. Also, she suggested that in t he future staff seek input on land use changes from the neighboring properties.
City Attorney Fred Galante clarified that the ordinance would be revised to remove the land use references from the title as well as sections 1, 2 and 4.
City Attorney Fred Galante read the title of the ordinance into the record.
ORDINANCE NO. 2022-003
AN ORDINANCE OF T HE CITY COUNCIL OF THE CITY OF CHINO, CALIFORN IA,
AMENDING THE EUCALYPTUS BUSINESS PARK SPECIFIC PLAN LAND USE D ISTRICT
FROM BUSINESS PA RK (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 P ERMITTED LAND USE WITHIN THE
EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AUTO MAL L (AM) LAND USE DESIGNATION. PL21-0042 (EUCALYPTUS BUSI NESS PARK SPECIFIC PLAN AMENDMENT).
Moved by Council Member Flores, seconded by Council Member Comstock, and carried on a 5 -0 roll call vote, to 1) conduct a public hearing; 2) adopt Resolution No. 2022-010 adopting an Addend um to th e Eucalyptus Business P ark Specific Plan Environm ental Impact Report (SCH No. 198907031 0); and 2) approve the Intro duction of Ordinance No. 2022-003 as amended , adopting PL21 -0042 (Eucalyptus Business Park Specific Plan Amendment), to be read by nu mber and title only and waive f urther reading of the Ordinance.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
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NEW BUSINESS
15. Argument In S upport of B allot Measure – June 7, 2022 Direct Primary Election. Argument In Support Of Ballot Measure Per M easure M t o Adopt Overlay Strategies as part of the 2021 -29 Housing Element Update.
Staff Report by: City Attorney Fred Galante.
City Atto rney Galant e reported that staff received written comments from Stubbie Barr for grammatical changes to t he argument in support of the ballot measure. Mr. Galante had no issue with the suggested changes.
There was consensus by the City C ouncil to inco rporate Mr. Barr ’s suggested changes as presented.
City Attorney Galante read the full text of the primary argument, as amended, into the record.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 5 -0 roll call vote, to approve the prim ary argument , as amended, in fav or of the proposed ballot measure for submission to the voters on June 7, 2022.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
16. Award of Construction Contract - Yorba Avenue and Eucalyptus Avenue Sewer Main Replacement Project (SW2 11). Appropriate $2,819,321 from th e Sewer Fund to award a construction contract in the amount of $4,468,330 to MNR Construction, Inc., for cons truction of the Yorba Avenue and Eucal yptus Avenue Sewer M ain Repl acement Project (SW211) and approve associated project expenses.
Staff Report by: Natalie Avila, Associate Engineer.
Moved by Council Member Flores, seconded by Council Member Pocock, and carried on a 5-0 roll call vote, to 1) appropriate $2,819,321 from t he unappropriated reserves o f the Sewer Enterprise Fund 2) increase the SW211 proje ct budget to $5,319,321; 3) Award a construction contract to MNR Construction, Inc. in th e amount of $4,468, 330, for the construction o f the Yorba Aven ue and Eucalyptus Aven ue Sewer Main Replacement Project; 4) authorize additional expenditures up to $446, 833 for const ruction contingencies, for a po tential total contract amount not to exceed $ 4,915,163; 5) approve additional expenditu res for project mana gement, geotechnical i nspection services, construction management, and associated project expenses in an amount not to exceed $110,158; and 6) author ize the C ity Manager to execute the necessary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
17. Award of Contract - MS181 FY2021-22 Local Street Overlay Project. Award a contract to PALP DBA EXCEL PAVING Long Beach, CA in the amount of $1,190,605 for Project No. MS181 - Fiscal Year 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.
Staff Report by: Maria Fraser, CIP Engineering Manager.
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Moved by Council Member Flores , seconded by Council Member Comstock, and carried on a 5 -0 roll call vote, to 1) approve a Water Fund ( 520) budget transfe r of $289,643.81 from project WA161 to proj ect 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 amou nt of $1,190,605 t o PALP DBA Excel P aving Long Beach, C A for Project MS181 FY 2021-22 Local Street Overlay at 16th, 17th, and 18th Streets between Tronkeel and Serene Avenues and Serene Avenue from Benso n Avenue to east of 18 th Street; 4) authorize expendi tures of $119,061 for construction c ontingencies, for a potential agreement amount not-to-exceed $1,309,666; 5) authorize expenditures of up to $119,061 for construction and engineering management, 59,53 1 for inspection costs; and 6) authorize the City Manager to execute the necessary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ull oa reported on meetings and events attende d since the la st meeti ng that included OmniTrans Board of Directors; San Bernardino County Transportation Authority (SBCTA) Board of Directors; meeting with Supervisor Curt Hagman regarding items of mutual interest; Watermaster Appropriative Pool Confidential Session; Inland Empire Utilities Agency Sewerage Policy Committee; Chino Des alter Autho rity Board of Directors; meeting with R andell Lew is regarding the Preserve ; Run for R uss; meeting at Amy ’s Farm; meeting with Mayor Pro Tem Lucio and staff on the Housing Element and Sphere of Influence; Chino Valley Mayor ’s Prayer Breakfast; filmed the monthly May or’s Message; mee ting with Darian Venerable to discuss his vision for a project at the Ayala Golf Center ; Watermaster Appropriati ve P ool meeting ; and SBCTA Metro Valley Study Session.
Mayor Pro Tem Lucio
Mayor Pro Tem Lucio reported on meetings an d events attended since t he last meeting that included the Run for Russ; Chino Valley Mayor ’s Prayer Breakfast ; meeting with reside nts regarding dairy operations located off Pine Avenue; and meeting with Supervisor Curt Hagman regarding items of mutual interest. Mayor Pro Tem Lu cio recognized Chino High School Wrestling Coach Alex Angulo and the wrestlers who competed in CIF and advanced to Masters.
Council Member Comstock
Council Member Comstock reported on m eetings and events attended since the last meeting that included the Run for Russ; Office Hours ; Chino Valley Mayor’s Prayer Breakfast; meeting with residents regarding dairy operations located off Pine Avenue; meeting with Supervisor Curt Hagman regarding items of mutual interest; and meeting the Aaron O’Leary from Lewis Land Operations.
Council Member Flores
Council Member Flores reported on m eetings and events attended since the last meeting that included a f undraiser even t to benefit the Chino Yo uth Museum; Run for Russ; Chino Valley Mayor’s Prayer Breakfast; and West Valley Regional Steering Committee.
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Council Member Pocock
Council Member Pocock reported on meetings and events attended since the last meeting that included the Run for Russ; reception at Rode lo’s Tow ing; and Chino Val ley Mayor ’s Prayer Breakfast. He announced that on April 23rd is the annual Corn Feed Run.
City Manager's Report
City Manager Matt Ballantyne provided an update on street improvements at Kimball Avenue in The Preserve. Als o, a reminder that office hours at The Preserve Community Center are schedule for March 10th.
City Attorney's Report
City Attorney Fred Galante had no report.
Police Chief's Report
Police Chief Wes Simmons thanked the City Council, businesses, and community for their support in honoring Russ Miller at the annual Run for Russ ev ent that was held on February 5, 2022. He reported on the passing of Alameda Cou nty Deputy Sheriff Aubrey Philips and expressed his condolences to family and friends.
Fire Chief's Report
Deputy Chief Carlos Skibar reported on the ambulance response service totals and provided an update on new hires. Also, he invited the City Council to attend Fire Chief Dave Williams Badge Pining Ceremony on March 24, 2022.
ADJOURN IN MEMORY OF MONIQUE BERTERRETCHE
The meeting adjourned at 9:05 p.m. The next meetin g of the Cit y Council will be held on Wednesday, February 16, 2022 at 1 p.m. for a City Council and Executive Management Team Goal Setting Workshop at Centro Basco located at 13432 Central Avenue, Chino, CA 91710.
The next Regular Meeting of the City Council will be hel d on Tuesday, March 1, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 1st DAY OF MARCH, 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)
11.2 CONSENT CALENDAR
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Revenue: Expenditure: 1002000-43320
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: MARCH 1, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ANGELA ROBLES, CITY CLERK
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.
RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.
FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2021-22 Operating Budget.
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COUNCIL MEETING DATE: MARCH 1, 2022
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND
MEETINGS
PAGE 2
BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill 1234 (AB 1234), on January 1, 2006, the City adopted Resolution No. 2005-093 establishing a Business-Related Expense Policy. On December 6, 2016, the City ap proved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expe nse of the local agency at the next regular meeting of the legislative body.
ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agend a Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.
Additionally, to provide the public with a n event forecast, Exhibit A also includes a list of future events/trainings that Members of the Council may attend.
Attachment: Exhibit A
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ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,
TRAINING, AND MEETINGS
FEBRUARY 15, 2022 EXHIBIT A
Event Date Meeting Purpose and Subject Matter City Official Attendees
None.
Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and Subject
Matter
Location
City Officials that may
attend
None
11.3.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 32
Revenue: 12040002-51539 Expenditure: 12040002-43050
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
POLICE DEPARTMENT
COUNCIL MEETING DATE: MARCH 1, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: FEDERAL ASSET FORFEITURE FUNDS - TRUNK VAULT.
RECOMMENDATION
1) Appropriate $9,261.76 from the Asset Forfeiture / Department of Justice Fund to purchase and install trunk vaults to four Chino Police Department vehicles assigned to the Detective Bureau; 2) increase the Asset Forfeiture revenue by $9,261.76; 3) increase vendor cap for 10-8 Retrofit by $9,261.76 for a total not-to-exceed amount of $217,761.76; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation of $9,261.76 from the unappropriated reserves of the Federal Asset Forfeiture / Department of Justice Fund and increase the revenue of the fund by the corresponding amount. There are sufficient funds for this appropriation.
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COUNCIL MEETING DATE: MARCH 1, 2022
SUBJECT: FEDERAL ASSET FORFEITURE FUNDS - TRUNK VAULT
PAGE 2
BACKGROUND
For several years, the Chino Police Department has di rectly participated in investigations or prosecutions that have resulted in a federal forfeiture and, therefore, an equitable share of the net proceeds of the forfeiture are returned to the City. Forfeiture funds can only be designated for law enforcement use and must be used to increase or supplement the resources of the receiving law enforcement agency. Forfeiture funds cannot be used to replace the resources of the Department.
ISSUES/ANALYSIS
Over several years, the vehicles assigned to the Criminal Investigations Unit (Detective Bureau) have frequently been equipped with trunk vaults to secure rifles, vests, and similar safety equipment, allowing for their deployment if/when unplanned events occur. The bureau currently has four newer cars that do not have trunk vaults, preventing the Detective/Investigator assigned to the vehicles from carrying or safely securing the equipment.
Chino Police Department proposes to use asset forfeiture funds to buy and install the trunk vaults in four vehicles from 10-8 Retrofit. They will be installed in units 116, 145, 146 (all Ford Taurus), and 115 (Chevy Impala). The total cost for this purchase is $9,261.76. The trunk vaults are typically a one -time purchase as they can be removed and reinstalled in new cars (with few exceptions).
Attachment: Trunk Vault Quote
11.4 CONSENT CALENDAR
Packet Pg. 34
Estimate
Date
11/4/2021
Estimate #
18126
Name / Address
CITY OF CHINO
PO BOX 667
13220 CENTRAL AVE
CHINO, CA 91708-0667
ATT: ISAAC MORENO
Ship To
CITY OF CHINO
PW FLEET
5050 SCHAEFER AVE
CHINO, CA 91710
ATT: ISAAC MORENO
10-8 RETROFIT, INC
415 W MAIN ST
ONTARIO, CA 91762
P.O. No.Terms
Net 30
Due Date
12/4/2021
RepModelYear/ Make of Vehicle
Phone #
909-986-5551
Fax #
909-986-5506
E-mail
[email protected] Total
Subtotal
Sales Tax (7.75%)
Item Description Qty Rate Total
MISC. N-CHIMPN1-14N-HG IMPALLA ELEVTED TRUNK VAULT 1 1,773.90 1,773.90T LABOR 1 LABOR SHOP - INSTALL TRUCK VAULT WHITH SUPPLIED
BRACKETS IN IMPALLA
5 75.00 375.00T
MISC. N-FDTAUN1-10N-HG TAURUS ELEVATED TRUNK VAULT 3 1,773.90 5,321.70T LABOR 1 LABOR SHOP INSTALL TRUNK VAULT WITH SUPPLIED
BRACKETS IN TAURUS
3 375.00 1,125.00T
<<< SHIPPING COVERED >>>
QUOTE GOOD FOR 30 DAYS FROM DATE ON ESTIMATE
CALIFORNIA CERTIFIED SMALL BUSINESS #1758177
SALES TAX WILL BE CHARGED ON ANY LABOR FOR VEHICLES WITH FEWER THAN 500 MILES PER CA STATE BOE REGULATIONS
$9,261.76
$8,595.60
$666.16
11.4.a
Federal Asset Forfeiture – Trunk Vault
Packet Pg. 35
Revenue: Expenditure: 66074001 - 48070 - N4221
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: MARCH 1, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: VENDOR CAP INCREASE AND AMENDMENT TO PURCHASE ORDER WITH BOB WONDRIES MOTORS.
RECOMMENDATION
1) Approve a vendor cap increase for Bob Wondries Motors, Alhambra, CA, in the amount of $48,307.68 for a total vendor cap amount not -to-exceed $289,846.08 for FY21 -22; 2) approve an amendment to Purchase Order No. 7022 0439 for $48,307.68, for a revised purchase order total not-to-exceed $289,846.08 to purchase one additional 2022 Ford Interceptor Utility Vehicle for the Police Department; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are included in Project No. N4221 to purchase one (1) additional 2022 Ford Interceptor Utility Vehicle assigned to the Police Department Traffic Unit - Commercial Enforcement Division.
11.5 CONSENT CALENDAR
Packet Pg. 36
COUNCIL MEETING DATE: MARCH 1, 2022
SUBJECT: VENDOR CAP INCREASE AND AMENDMENT TO PURCHASE ORDER WITH
BOB WONDRIES MOTORS
PAGE 2
BACKGROUND
At the September 7, 2021, City Council Meeting, the City Council approved a purchase order in the amount of $241,538.40 for the procurement of five (5) 2022 Ford Interceptor Utility Vehicles with Bob Wondries Motors, Alhambra, CA. At the September 21, 2021, City Council Meeting, the City Council approved an additional Police Officer position to be assigned to the Police Department Traffic Unit - Commercial Enforcement Division. Also approved by City Council was an appropriation of $68,700.00 from the Equipment Management Fund (660) for the purchase and outfitting of a police vehicle for the additional Police Officer position.
Public Works staff contacted Bob Wondries Motors to inquire about possibly adding the additional approved vehicle to an existing purchase order. B ob Wondries Motors agreed to honor the exact pricing from the bids received in July 2021 of $48,307.68 for each 2022 Ford Interceptor Utility Vehicle. A different vendor will handle the outfitting of the vehicle once the vehicle is delivered to the City.
ISSUES/ANALYSIS
City Council authorization is required when the combined total of purchase orders and agreements to one vendor exceeds $50,000.00. The current City Council approved vendor cap with Bob Wondries Motors is $241,538.40.
Therefore, staff recom mends increasing the vendor cap with Bob Wondries Motors by $48,307.68, for a revised FY21 -22 vendor cap amount not -to-exceed $289,846.08. In addition, staff is requesting authorization to amend Purchase Order No. 70220439 with Bob Wondries Motors in the a mount of $48,307.68, for a revised purchase order total not -to-exceed $289,846.08 to purchase one (1) additional 2022 Ford Interceptor Utility Vehicle for the Police Department. The original purchase order includes five (5) 2022 Ford Interceptor Utility Ve hicles.
Should City Council approve staff’s recommendations, the purchase order will now include six (6) 2022 Ford Interceptor Utility Vehicles.
11.5 CONSENT CALENDAR
Packet Pg. 37
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: MARCH 1, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: FINAL ACCEPTANCE OF PUBLIC I MPROVEMENTS - PL 17 -0059 (CHINO SELF STORAGE, LLC).
RECOMMENDATION
1) Accept the public improvements for Site Approval PL17-0059 as complete; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There is no direct fiscal impact to the City.
11.6 CONSENT CALENDAR
Packet Pg. 38
COUNCIL MEETING DATE: MARCH 1, 2022
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - PL 17-0059 (CHINO SELF
STORAGE, LLC)
PAGE 2
BACKGROUND
On June 19, 2017, the City of Chino Planning Commission conditionally approved Site Approval PL17-0059, for the construction of self-storage buildings with a caretaker unit on approximately
4.5 acres of land located at 15950 Euclid Avenue south of Kimball Avenue (Exhibit A).
The conditions of approval for this project required the developer (Chino Self Storage, LLC) to construct certain public improvements ; thus, requiring the developer to enter into a Public Improvement Agreement with the City and post the necessary bonds ensuring the timely delivery of said public improvements, which was approved by the City Council on April 2, 2019.
ISSUES/ANALYSIS
The public improvements are substantially complete and have been constructed to the satisfaction of the City Engineer. The public improvements that are being accepted by the City of Chino include pavement reconstruction, curb, gutter, sidewalks, curb and gutter, a new street light, landscaping, and utility connections.
These improvements were made to bring the pedestrian facilities up to standards. The improvements that are being accepted have been satisfactorily constructed to meet City and all applicable accessibility requirements.
All required development related fees have been paid and security for a one -year warranty period has been submitted. Under the warranty bond obligation, the developer will correct any defects found within one-year of City Council’s acceptance of the project.
Additionally, on April 2, 2019, the City Council approved t he annexation of the property to Landscaping and Lighting District No. 2002-1 to offset the cost of public streetlights.
With approval by City Council, the following maintenance obligations will commence:
Public Street Sweeping: By the City
Public Sidewalks: By the City
Public Street Lights: By the City
Landscaping: By the property owner
Attachment: Exhibit A – Location Map
11.6 CONSENT CALENDAR
Packet Pg. 39
1 LOCATION MAP
Project Site
EXHIBIT A
PL 17-059 Site Approval
11.6.a
Final Acceptance of Public Improvements - Chino Self
Packet Pg. 40
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: MARCH 1, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: ADOPTION OF ORDINANCE NO. 2022-002 (MSSPA) (SECOND READING).
RECOMMENDATION
Adopt Ordinance No. 2022 -002 on second reading, amending the Majestic Spectrum Specific Plan to allow for animal care to be a conditionally permitted use.
FISCAL IMPACT
There is no fiscal impact.
11.7 CONSENT CALENDAR
Packet Pg. 41
COUNCIL MEETING DATE: MARCH 1, 2022
SUBJECT: ADOPTION OF ORDINANCE NO. 2022-002 (MSSPA) (SECOND READING) PAGE 2
BACKGROUND
This matter was introduced on first reading by the Council at their February 15, 2022 meeting.
Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,
AMENDING THE MAJESTIC SPECTRUM SPECIFIC PLAN LAND USE MATRIX TO ALLOW
FOR ANIMAL CARE TO BE A CONDITIONALLY PERMITTED USE WITHIN THE RM (REGIONAL MALL) LAND USE DISTRICT. PL21 -0047 (MAJESTIC SPECTRUM SPECIFIC PLAN AMENDMENT).
Attachment: Ordinance No. 2022-002
11.7 CONSENT CALENDAR
Packet Pg. 42
ORDINANCE NO. 2022-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING THE MAJESTIC SPECTRUM
SPECIFIC PLAN LAND USE MATRIX TO ALLOW FOR ANIMAL
CARE TO BE A CONDITIONALLY PERMITTED USE WITHIN
THE RM (REGIONAL MALL ) LAND U SE DI STRICT. PL21-0047
(MAJESTIC SPECTRUM SPECIFIC PLAN AMENDMENT).
The City Council of the City of Chino, California, does hereby ordain as follows:
Section 1. Table 5 of Chapter III, D . Amendment No.7 Allowed Land Uses – the Land Use Matrix of the Majestic Spectrum Specific Plan (MSSP) is hereby amended to add Animal Care as a conditionally permitted use within the RM (Regional Mall ) land use district matrix, requiring a special conditional use permit, consistent with the other land uses in the matrix, to r ead as follows:
Table 5
LAND USE MATRIX
Key: C – Requires Special Conditional Use Permit
USE TYPE
REGIONAL
MALL
OVERLAY
REGIONAL
COMMERCIAL
LIGHT
INDUSTRIAL
COMMERCIAL
MANUFACTURING
Animal Care C C C C
Section 2. CEQA Findings. The City Council finds t hat this Ordinance is exempt from the California Environmental Quality Act ( CEQA) under CEQA Guidelines Section 15061(b)(3), Common Sense Exemption, in that it can be seen with certainty that there is no possibility for this action to have a s ignificant ef fect on the environment, and individual development applications will be reviewed under CEQA as they are proposed.
Section 3. Severability. If any section, subsection, s entence, clause, phrase, or p ortion of this Ordinance, or the ap plication thereof to a ny per son or circumstances, is, for an y reaso n, 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, irrespe ctive of t he f act that any one or more sections, subsecti ons, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 4. This Ordinance shall be in full f orce and effect thirty (3 0) days after its second reading and adoption.
Section 5. 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.
11.7.a
Adoption of Ordinance No. 2022-002 (MSSPA)
Packet Pg. 43
Ordinance No. 2022-002
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 the City of Chi no 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
11.7.a
Adoption of Ordinance No. 2022-002 (MSSPA)
Packet Pg. 44
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: MARCH 1, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: ADOPTION OF ORDINANCE NO. 2022-003 (EBPSPA) (SECOND READING).
RECOMMENDATION
Adopt Ordinance No. 2022 -003 on second reading, amending the Eucalyptus Business Park Specific Plan to allow the sale of Recreational Vehicles.
FISCAL IMPACT
There is no fiscal impact.
13.8 CONTINUED BUSINESS
Packet Pg. 45
COUNCIL MEETING DATE: MARCH 1, 2022
SUBJECT: ADOPTION OF ORDINANCE NO. 2022-003 (EBPSPA) (SECOND READING) PAGE 2
BACKGROUND
This matter was introduced on first reading by the Council at their February 15, 2022 meeting.
At that meeting, the Council modified the Ordinance to remove the proposed land use changes in the Business Park land use designation. The Ordinance proposed for adopt ion has been revised to reflect these changes.
Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,
AMENDING THE EUCALYPTUS BUSINE SS PARK SPECIFIC PLAN TO ALLOW
RECREATIONAL VEHICLE SALES AS A PERMITTED USE WITHIN THE AUTO MALL (AM) LAND USE DISTRICT. PL21 -0042 (EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT).
Attachment: Ordinance No. 2022-003
13.8 CONTINUED BUSINESS
Packet Pg. 46
ORDINANCE NO. 2022-003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING THE EUCALYPTUS
BUSINESS PARK SPECIFIC PLAN TO ALLOW RECREATIONAL
VEHICLE SALES AS A PERMITTED USE WITHIN THE AUTO
MALL (AM) LAND USE D ISTRICT. 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 se cond paragraph of Chapter II.D .5 of th e 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 man ufacturing 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 2. Table VI-A – Land Use Matrix of the Eucalyptus Busines s Park Specific Plan is hereby amended to add a Recreational V ehicle S ales row within the Commercial Use T ypes 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 3. 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 reaso n, 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
13.8.a
Adoption of Ordinance No. 2022-003 (EBPSPA)
Packet Pg. 47
Ordinance No. 2022-003
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 4. This Ordinance shall be in full f orce and effect thirty (3 0) days after its second reading and adoption.
Section 5. Certification. The City Clerk o f the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be 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.
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 ad opted 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
13.8.a
Adoption of Ordinance No. 2022-003 (EBPSPA)
Packet Pg. 48
Revenue: Expenditure: 34083001-40010-PK221
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
COMMUNITY SERVICES DEPARTMENT
COUNCIL MEETING DATE: MARCH 1, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: LINDA REICH, DIRECTOR OF COMMUNITY SERVICES
SUBJECT: CHANGE ORDER - AYALA PARK IMPROVEMENTS - NORTH PARKING LOT, PICNIC PAVILION, AND ACCESSIBILITY PROJECT (PK221).
RECOMMENDATION
1) Approve a change order in the amount of $45,101.31 to Klassic Engineering and Construction, Inc., Orange, CA for the Ayala Park Improvements - North Parking Lot, Picni c Pavilion, and Accessibility Project; 2) appropriate $32,703.41 from the unappropriated reserves of the park fund and increase the project budget to $1,715,790.25; 3) approve a project contingency of $4,510; 4) authorize a vendor cap increase of $32,703. 41 to equal a total not-to- exceed amount of $1,589,709.27; and 3) authorize the City Manager to execute all documents on behalf of the City.
FISCAL IMPACT
Requires an additional appropriation of $32,703.41 from the unappropriated reserves of the Park Fund. There are sufficient funds available for this purpose.
14.9 NEW BUSINESS
Packet Pg. 49
COUNCIL MEETING DATE: MARCH 1, 2022
SUBJECT: CHANGE ORDER - AYALA PARK IMPROVEMENTS - NORTH PARKING LOT, PICNIC PAVILION, AND ACCESSIBILITY PROJECT (PK221)
PAGE 2
BACKGROUND
On October 5, 2021, City Council approved the Ayala Park Improvements Project for the renovation of the north parking lot, including replacement of the picnic shelter and ADA improvements. As part of construction, 19 existing trees in the parking lot median were planned to be removed and replaced with a new species. During demolition, staff was notified the roots of the existing trees had wrapped around the conduit that provided power to the parking lot lights in the median preventing the removal of the roots without damaging the existing electrical system.
Due to the age of the lights within the parking lot, the proposed work included all new wire, new conduit, and new individual pull boxes at each light per the building code. The light standards will be reused. In addition to repairing the lights, staff requested additional conduit with this change order for future cameras in the park.
ISSUES/ANALYSIS
The original approved cont ract amount was for $1,254,206 with authorization to spend up to $125,420 for project contingencies, which was exceeded with Change Order No. 4.
Subsequently, staff received Change Order No. 5 for additional electrical work from Klassic Engineering and Co nstruction, Inc., Orange, CA, in the amount of $45,101.31. The approved construction contingency had a remaining balance of $16,907.90, therefore, staff is requesting authorization to spend an additional $28,193.41 for the unanticipated work. In addition , staff is requesting authorization to spend up to ten percent in contingencies in the amount of $4,510 for any additional unanticipated work through the completion of the project, bringing the total construction cost to $1,589,709.27.
Staff is also requ esting an additional appropriation of $32,703.41 from the unappropriated reserves of the Park Fund, bringing the total project cost to $1,715,790.25. The total project cost includes the construction contract, design costs, and purchase of the pavilion, dr inking fountain and park furniture.
The following is a summary of the current accounting cost for the project:
Construction Items Amount
Original Contract Amount $ 1,254,206.00
Approved Change Order No. 1 $ 3,837.14
Approved Change Order No. 2 $ 17,986.04
Approved Change Order No. 3 $ 94,989.79
Approved Change Order No. 4 $ 169,078.99
Proposed Change Order No. 5 $ 45,101.31
10% contingency $ 4,510
Revised Contract Total $ 1,589,709.27
Attachments: Klassic Engineering and Construction, Inc. - Change Order
14.9 NEW BUSINESS
Packet Pg. 50
COUNCIL MEETING DATE: MARCH 1, 2022
SUBJECT: CHANGE ORDER - AYALA PARK IMPROVEMENTS - NORTH PARKING LOT, PICNIC PAVILION, AND ACCESSIBILITY PROJECT (PK221)
PAGE 3
Proposed Change Order Request (COR #008 R-1)
14.9 NEW BUSINESS
Packet Pg. 51
14.9.a
Change Order - Ayala Park Improvements (PK221)
Packet Pg. 52
14.9.a
Change Order - Ayala Park Improvements (PK221)
Packet Pg. 53
14.9.a
Change Order - Ayala Park Improvements (PK221)
Packet Pg. 54
Monday, February 22nd, 2022
To: City of Chino
Department of Community Services
13223 Central Avenue
Chino, CA 91710
Attention: Keith Martinez-City of Chino-Community Services RE: Proposed Change Order Request- COR #008 R-1
City of Chino/Design Team,
In accordance with Section 7 “Changes in Work’, Greenbook; Klassic Engineering and Construction Inc. (Hereafter referred to as K.E.C.) hereby submits this Proposed Change Order based on approved revisions to the Electrical plans to incorporate the existing light poles in the Ayala Park Skate Park Parking Lot to be outfitted with a new conduit so that they all run off the same electrical panel and with the Infrastructure for a future camera system. As always, please let me know if there are any questions.
Total Cost of COR #08R-1: $45,101.31
Cordially,
Alex Shirali
Project Manager at K.E.C.
KEC
Klassic Engineering and Construction, INC
250 S Tustin ST. Orange, CA 92866
14.9.b
Change Order - Ayala Park Improvements (PK221)
Packet Pg. 55
PROJECT. COR 8 R-1
DATE. PCO
rfi
Labor
Operating Engineer-
Trenching and
Backfilling
Laborer-Trench/backfill
Total sum
MATERIAL
1"Rock
Backfill Sand
Total sum
Excavator
Skid Steer
Total sum $1,104.16
2 days @ $415.92/day $ 831.84
1 days @ $272.32/day $ 272.32
26 tons @ $35.21/Ton $915.46
$1,607.58
EQUIPMENT
$4,574.80
52 tons @ $13.31/Ton $692.12
40 $68.23 $ 2,729.20
KLASSIC ENGINEERING AND CONSTRUCTION INC.
Ayala Park
2.21.2022
The work includes:
This work includes the cost to trench for the conduit and then backfill after the conduit is installed
CHANGE ORDER BREAK DOWN
24 $76.90 $ 1,845.60
14.9.b
Change Order - Ayala Park Improvements (PK221)
Packet Pg. 56
over head
Labor $ 686.22
Materials $ 241.14
Equipment $ 165.62
Subcontractor-PMK Professional $ 1,686.10
TOTAL
$1,607.58
Bond Amount $1,313.63
Grand Total $45,101.31
Project Manager & Administrative Costs
$1,104.16
$33,722.06
$41,008.60
Total overhead $2,779.08
TOTAL SUM $43,787.68
$4,574.80
14.9.b
Change Order - Ayala Park Improvements (PK221)
Packet Pg. 57
P.O. Box 5067
Buena Park, C
A 90622
Billing: (800) 522-0282
Fax: (714) 562-2758
3808
www.w
csg.com
Quote #Exp. Date
5/22/2022 111173
Quoted By
Ryan Fernandez
Customer Job
KLASSIC ENGINEERING & CONST. INC.
Contact: Kevin
Phone: (714) 552-1660 Fax:
Email: [email protected]
14225 Central
Avenue
Chino, CA 91710
Product Qty U/M Sell Price Material Freight Sales Tax Unit Total Quote Date
9/30/2021
CLASS 2 AGGREGATE BASE 312 TN $17.75 $11.00 $0.52 $18.27 $6.75 RECYCLED CLASS 2 BASE 312 TN $10.25 $7.00 $0.25 $10.50 $3.25 HAUL OFF ASPHALT & CONCRETE 1 STW $515.00 $0.00 $0.00 $515.00 $0.00
PRICE IS PER LOAD
HAUL OFF CLEAN DIRT 1 TT $515.00 $0.00 $0.00 $515.00 $0.00 ADDED 11/29/21
PRICE IS PER LOAD
1-1/2 CRUSHED ROCK 182 TN $26.00 $10.00 $1.24 $27.24 $16.00 SCREENED FILL SAND 52 TN $13.00 $9.00 $0.31 $13.31 $4.00 1" CRUSHED ROCK 26 TN $33.50 $11.50 $1.71 $35.21 $22.00
NOT ALL prices include sales tax
MATERIAL QUOTES SUBJECT TO AVAILABILITY. PRICES QUOTED ARE FOR DELIVERY MON-FRI STANDARD WORKING HOURS (UNLESS OTHERWISE NOTED). 26 TON MINIMUM FREIGHT APPLIES TO LOADS REQUESTED LESS THAN FULL LOAD (UNLESS OTHERWISE NOTED).
QUOTED PRICES DO NOT REFLECT PREVAILING WAGE RATES UNLESS EXPRESSLY INDICATED ON THIS QUOTE. STANDBY CHARGES APPLY AFTER 20 MINUTES (UNLESS OTHERWISE NOTED) TO BE CHARGED ON A PER MINUTE BASIS.
ALL MATERIAL SALES ARE F.O.B. POIN T OF ORIGIN AND TITLE PASSES TO BUYER PRIOR TO TRANSPORTATION.
Los Angeles | Ventura | Orange | Inland Empire: Central California | Northern California:
San Diego County: Palm Springs | Indio: Arizona & Nevada:
(800) 522-0282 (800) 734-3053
(800) 266-2837 (866) 923-4772 (855) 522-0282
Terms: Net/10th/Prox All prices are subject to availability Notes
updated 2/22/22 DVE
AL
L MATERIALS ARE IN COMPLIANCE WITH MATERIAL SPECIFICATION AT THE PLANT; WCSG TAKES NO RESPONSIBILITY FOR ANY SEGREGATION OR DEGRADATION WHICH CAN TAKE PLACE DURING TRANSIT OR WHILE HANDLING MATERIALS ON THE JOB.
14.9.b
Change Order - Ayala Park Improvements (PK221)
Packet Pg. 58
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14.9.b
Change Order - Ayala Park Improvements (PK221)
Packet Pg. 59
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14.9.b
Change Order - Ayala Park Improvements (PK221)
Packet Pg. 60
PROJECT:
TO:
TITLE:
SUBMITTED:
COMPLETED:
REQUIRED:
Run new conduits and wire for existing light poles &
future cameras
200
Ayala Park Improvements
Attn: Alex Shirali
Klassic Engineering & Construction Inc.
250 S. Tustin St.
Orange, CA 92866
Phone:714-369-8389
02/21/2022
02/28/2022
392009CONTRACT/PO:
DATE: 02/21/2022
NO. 1R1
CHANGE ORDER REQUEST
ORIG: Owner Request
DESCRIPTION
This change order is provided by owner request to run new conduits and wire for existing light poles and new conduit for future cameras in the north parking lot.
Num Item Description Ref AmountQty Unit Unit Price
1 16050 Electrical material per attached Materials 13,954.661.000 LS 13,954.66 2 16050 Electrcian for Installation
2 X8 Days
Labor 12,322.56128.000 Hrs 96.27
3 16050 Electrcian Foreman Labor 4,379.2040.000 Hrs 109.48 Item Total: $30,656.42
$3,065.6410% Overhead
$33,722.06Total:
Date:
By:
Date:
By:
APPROVAL
14.9.b
Change Order - Ayala Park Improvements (PK221)
Packet Pg. 61
PRICE QUOTE
Printed 02/21/22 MI
Quoted
Ship To
PMK PROFESSIONAL INC. AYALA PARK
Attn: MAZIAR FARHADI
17925 Sky Park Cir. #C
IRVINE CA 92614
Tel:949-607-7765 Fax:949-679-9898
, , , , , ,
4 4 < 4 < 4 $
4 , 4 , , $ Quote # Quote Date Exp Date Customer # Customer P/O # Ship Via W riter Q026081 02/21/2022 03/23/2022 0006756 HARBOR TRUCK MI
Job ID Customer Terms Salesman
AYALA NET 30 DAYS HOUSE
Product Description UM Quant Unit Price Extension
< < < $ P2/S40 2" PVC PIPE SCH40 EA 500 438.8571c 2194.29 PL2X90/S40 2" PVC ELBOW 90 DEG SCH40 EA 10 778.3333c 77.83 P1/S40 1" PVC PIPE SCH40 EA 900 208.1429c 1873.29 PL1X90/S40 1" PVC ELBOW 90 DEG SCH40 EA 30 384.4444c 115.33 CB17X30 CONCRETE BOX 17-3/4 X 30 EA 12 91.10 1093.20 CBL17X30-EL CONCRETE LID 17X30 ELECTRIC EA 12 85.8429 1030.11 CBBOLT CONCRETE BOX BOLT EA 12 11.7143 140.57
PC2 2" PVC COUPLING EA 30 287.35c 86.21
PC1 1" PVC COUPLING EA 30 158.1533c 47.45
GLUQ PVC GLUE CLEAR QUART EA 4 17.976 71.90
PRIQ PRIMER QUART EA 4 18.48 73.92
1X12CN 1"X12" NIPPLES EA 6 1397.06c 83.82
FA1 1" PVC FEMALE ADAPTOR EA 6 161.14c 9.67
20MIL2X100 PIPE WRAP 20MIL 2"X100' EA 1 19.5766 19.58 DT DUCT TAPE 2"X60 YARDS 9MIL EA 2 12.53 25.06
CLOTH BACKING
PL6500-P PULL LINE 6500' PAIL EA 1 74.9999 75.00 P34/S40 3/4" PVC PIPE SCH40 EA 50 148.80c 74.40
PC34 3/4" PVC COUPLING EA 20 77.035c 15.41
IPL4-3 4-14AWG 3PORT INSUL-CONN EA 50 23.2195 1160.98 KING-62335 AQUA/BLUE WET LOCATION WIRENUT EA 20 174.23c 34.85 50-PIECE BAG
8STRBK/500 8 STRANDED THHN BLACK 500FT EA 5000 697.20m 3486.00 10STRBK/500 10 STRANDED THHN BLACK PER FT EA 2500 417.20m 1043.00
, 4 4 < $ Sub Total $12,831.87
Freight $0.00 T o t a l
X:__________________________________________ Misc Charges $0.00 (Accepted by) Tax Amount $1,122.79 $13,954.66
4 4
, MESSAGE TERMS A SERVICE CHARGE OF 18% PER ANNUM WILL BE MADE ON A 25% RESTOCKI NG FEE WILL BE CHARGED ON ALL PAST DUE ACCOUNTS. REASONABLE ATTORNEY S FEES AND RETURNED ITEMS THAT ARE ALREADY APPROVED FOR A 10% HANDLING FEE WILL BE ADDED TO ALL PAST DUE RETURN BY HARBOR WHOLESALE ELECTRIC SUPPLY. ACCOUNTS RESULTING IN THE HIRING OF AN ATTORNEY. WIRE/CONDUIT PRICES ARE VALID FOR 24 HOURS. 4
14.9.b
Change Order - Ayala Park Improvements (PK221)
Packet Pg. 62
FO
FO
FO
FO
J
Electrical Engineering & Consulting
AC
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca.
Job #
James CornsP.M.
2621
E-1.0
ELECTRICAL SITE PLAN 1
ELECTRICAL SITE AND
SHELTER PLAN
SHELTER PLAN 2
14.9.b
Change Order - Ayala Park Improvements (PK221)
Packet Pg. 63
FO
FO
FO
ENLARGED ELECTRICAL SITE PLAN 1
J
Electrical Engineering & Consulting
AC
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca.
Job #
James CornsP.M.
2621
ENLARGED ELECTRICAL
SITE PLAN E-1.1
14.9.b
Change Order - Ayala Park Improvements (PK221)
Packet Pg. 64
FO
FO
FO
ENLARGED PARKING LOT ELECTRICAL SITE PLAN 1
J
Electrical Engineering & Consulting
AC
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca.
Job #
James CornsP.M.
2621
ENLARGED ELECTRICAL PARKING
LOT SITE PLAN E-1.2
14.9.b
Change Order - Ayala Park Improvements (PK221)
Packet Pg. 65
Revenue: Expenditure: 5207310-48005/48008/48009/WA211
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: MARCH 1, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: AWARD OF CONSTRUCTION CONTRACT - WELL 11 RAW WATER TRANSMISSION MAIN PROJECT (WA211).
RECOMMENDATION
1) Adopt Resolution No. 2022 -015, adopting a Mitigated Negative Declaration for the Well 11 Raw Water Transmission Main Project (WA211); 2) award a construction contract to MCC Equipment Rentals, Inc., Yucapia, CA, in the amount of $2,667,685.22, for the construction of the Well 11 Raw Water Transmission Main Project; 3) authorize additional expenditures up to $266,768.52 for construction contingencies, for a potential total contract amount not -to-exceed $2,934,453.74; 4) approve additional expenditures for project management, geotechnical inspection services, construction management, and associated project expenses in an amount not to exceed $430,000; and 6) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There are sufficient funds in the Fiscal Year 2021-2022 Capital Improvement Program budget for Project WA211.
14.10 NEW BUSINESS
Packet Pg. 66
COUNCIL MEETING DATE: MARCH 1, 2022
SUBJECT: AWARD OF CONSTRUCTION CONTRACT - WELL 11 RAW WATER TRANSMISSION MAIN PROJECT (WA211)
PAGE 2
BACKGROUND
On September 15, 2020, City Council approved a Professional Services Agreement with RC E Consultants, Laguna Hills, CA in an amount of $187,704 for engineering and design services.
Two addendums have been issued for a total contract amount of $216,125.
Plans and specifications were prepared for WA211 scope of work including installation of approximately one and a half miles of new 16” water main of Polyvinyl Chloride (PVC) and Cement-Mortar Lined & Coated (CML&C) steel, and modifications to the existing control panel (see Exhibit A - Vicinity Map); programming; and SCADA host system at Well 11.
Prior to construction of the raw waterline, an environmental analysis is required to identify potential environmental impacts. An Initial Study/Mitigated Negative Declaration (IS/MND) dated February 2022 has been prepared by ECORP Consulting Group, Inc ., in compliance with the California Environmental Quality Act (CEQA) Guidelines, Section 15070 (Exhibit C).
ISSUES/ANALYSIS
On December 4, 2021, the City of Chino as Lead Agency circulated for public review and comment a Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration (MND) for Project WA211, which included a Mitigation Monitoring Reporting Program (MMRP) identifying each mitigation measure, the implementation timing, and the responsible party. The NOI was circulated to responsible agenc ies, trustee agencies, the San Bernardino County Clerk, and State Clearinghouse for review and comment, pursuant to Section 15073 of the CEQA Guidelines. The NOI was published in the Chino Champion newspaper on December 4, 2021, and notices were also handed out to residents immediately adjacent to the project limits as an additional public outreach effort. In response to the NOI, comments and questions were received from one (1) private citizen. The IS/MND identified potentially significant environmental impacts from this project, however, mitigation measures have been included to reduce impacts to less than significant. The primary mitigation required is related to cultural resources and tribal cultural resources. In accordance with CEQA, a Mitigation Monit oring Reporting Program (MMRP) has been prepared (Resolution No. 2022-015, Exhibit B), and it identifies each mitigation measure, the time it is required to be implemented, and the responsible party for monitoring implementation.
On January 8 and 15, 2021 , a Notice Inviting Bids was published on PlanetBids and in the Chino Champion newspaper. On January 26 and January 27, 2022, a total of three (3) addenda were issued to provide clarifications to bidder request for information. On February 2, 2022, fifteen (15) bids were received and opened with the following results:
Company Name Total Bid Amount
1. MCC Equipment Rentals, Inc. $2,625,835.22
2. E.J. Meyer Company $2,727,777.00
3. Kirtley Construction, Inc. $2,752,756.00
4. T.E. Roberts, Inc. $3,051,228.00
14.10 NEW BUSINESS
Packet Pg. 67
COUNCIL MEETING DATE: MARCH 1, 2022
SUBJECT: AWARD OF CONSTRUCTION CONTRACT - WELL 11 RAW WATER TRANSMISSION MAIN PROJECT (WA211)
PAGE 3
5. Big Ben Inc. $3,121,971.00
6. The Van Dyke Corporation $3,124,120.00
7. CCL Contracting Inc $3,544,968.00
8. Ferreira Construction Co. $3,585,488.00
9. CP Construction Co, Inc. $3,649,248.00
10. JA Salazar Construction & Supply Co $3,968,069.00
11. Kana Pipeline Inc. $4,296,337.00
12. Dominguez General Engineering, Inc. $4,345,085.00
13. Colich & Sons LP $4,429,370.00
14. Christensen Brothers General Engineering $4,669,351.55
15. James W Fowler Co $4,956,361.00
The award of contract was based on the lowest responsible bidder for the base bid schedule.
An additive bid schedule, to allow for the contractor, at the direction of the City, to perform full width slurry seal of Cypress and San Antonio Avenues were found to be wit hin budget.
Therefore, staff is recommend ing including item 17A in the contract award increasing the base bid amount by $41,850.
MCC Equipment Rental, Inc., Yucai pa, CA is properly licensed and thus, deemed to be the lowest responsible and responsive bidd er with a base bid amount of $2,625,835.22 plus an additional additive bid amount of $41,850 for a total bid amount of $2,667,685.22. Therefore, staff is recommending that City Council award a contract to MCC Equipment Rental, Inc., Yucaipa, CA in the tota l bid amount of $2,667,685.22 for the Well 11 Raw Water Transmission Main Project. In addition, staff is requesting authorization to spend up to $266,768.52 for project contingencies, for a potential total contract amount of $2,934,453.74.
Attachments: Exhibit A - WA211 Vicinity Map
Exhibit B - Resolution No. 2022-015
Exhibit C - Well 11 Pipeline Alignment Project Environmental Documents (Click here to view the environmental documents)
14.10 NEW BUSINESS
Packet Pg. 68
Figure 3. Project Site Plan
Size of printing extent and margins differs with printer settings, please adjust margins if necessary.
NOTE: This map is set up in NAD 1983 StatePlane California V FIPS 0405 Feet.
Please Change to Define Your Local State Plane or UTM Coordinate System. 2020-177 Well 11 Pipeline Project Design ServiceE
XHIBIT A - VICINITY MAP
CYPRESS AVENUE
WALNUT AVENUE
SAN ANTONIO
AVENUE
SCO
S
T
CONSTRUCTION NOTESQUANTITIES
TITLE SHEET1
GENERAL NOTES FOR WATER IMPROVEMENT PLANS
STAMP
PREPARED BYREVISIONSMADE
BY DATE
APPROVED
BY DATEBENCH MARK DATAREFERENCE DRAWINGS REVIEWED BY STAFFDATE BYDATE BY CITY ENGINEERS STAFF
CITY OF CHINO ENGINEERING DIVISION
WELL 11 RAW WATER PIPELINE IMPROVEMENT PLAN
PROJECT NO.
SHEET OF 10
DRAWING NO.
WA211
rtmrtm
engineering consultants
XXXX
CITY OF CHINO
WELL 11 RAW WATER IMPROVEMENT PLAN
CYPRESS AVENUE - BETWEEN CHINO AVENUE AND WALNUT AVENUE
WALNUT AVENUE - BETWEEN CYPRESS AVENUE AND SAN ANTONIO AVENUE SAN ANTONIO AVENUE - BETWEEN WALNUT AVENUE AND STATE ROUTE 60
UTILITY AND AGENCY INDEX
SYMBOL LEGEND
SCO
LINETYPE LEGEND
ABBREVIATIONS
SHEET INDEX
SHEET 2 SHEET 3 SHEET 4 SHEET 5 SHEET 6
SHEET 7
WALNUT AVE.
CHINO AVE.
RIVERSIDE RD.
SAN ANTONIO AVE.
SHEET 8 SHEET9
GERMANTOWN ST.
ELENA ST.
SUSANA ST.
SHERMAN ST.
GRANT ST.ARTHUR ST.
SR-60
CYPRESS AVE.CYPRESS AVE.
WALNUT AVE.
RIVERSIDE DR.
CHINO AVE.
SCHAEFER AVE.
W. PHILADELPHIA ST.
SAN ANTONIO AVE.
CYPRESS AVE.
MOUNTAIN AVE.
FERN AVE.
CYPRESS AVE.
60 83
PROPOSED RAW
WATER MAIN LINE
S. SULTANA AVE.
MAGNOLIA AVE.
FILLMORE ST.
ASTER CT.
ORANGE AVE.
NOTE TO CONTRACTOR
’
ALLEY
ALLEY
RIVERSIDE DR.
CHINO AVE.
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RESOLUTION NO. 2022-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION (MND) FOR THE WELL 11 RAW WATER
TRANSMISSION PIPELINE ALIGNMENT PROJECT (WA211)
LOCATED FROM 12301 SAN ANTONIO AVENUE EAST TO SAN
ANTONIO AVENUE, SOUTH ON SAN ANTONIO AVENUE TO
WALNUT AVENUE, WEST ON WALNUT AVENUE TO CYPRESS
AVENUE, SOUTH ON CYPRESS AVENUE TO CHINO AVENUE
TO TIE INTO AN EXISTING PIPELINE AT THE INTERSECTION
OF CHINO AVENUE AT CYPRESS AVENUE.W
HEREAS, the City of Chino (“City”) owns the Well 11 site located at 12301 San Antonio Avenue in the City west of San Antonio Avenue, approximately 150 feet north of Aster Court. The well site is located directly between the Caltrans right-of-way for the California State Route 60 highway to the north, with single family residential housing to the south and west. The well site pump area is accessed via driveway off of San Antonio Avenue.
WHEREAS, the proposed improvements will consist of approximately 8,800 feet of underground pipe from the well building to San Antonio Avenue, south on San Antonio Avenue to Walnut Avenue, west on Walnut Avenue to Cypress Avenue, south on Cypress Avenue to Chino Avenue to tie into an existing pipeline at the intersection of Chino Avenue at Cypress Avenue. Air release valves and blow off valves will be located at various locations along the alignment. The work will also include the street to be slurry sealed and striped. Improvements to the elec- trical controls are also included at the existing well pump house building.
WHEREAS, in compliance with the California Environmental Quality Act (“CEQA”), a Draft Mitigated Negative Declaration (“MND”) was prepared for the Well 11 Raw Water Transmission Pipeline Alignment Project dated November 2021, by ECORP Consulting, Inc., for approval of CIP Project No. WA211 (the “Project”); and
WHEREAS, all provisions of the California Government Code and Chino Municipal Code related to the proposed project have been complied with; and WHEREAS, the City Council of the City of Chino has completed its study of the Well 11 Raw Water Transmission Pipeline Alignment Project MND and related materials; and WHEREAS, on March 1, 2022, the City Council held a duly noticed public hearing for the proposed Project in compliance with law, entertained the written and oral report of staff, took public testimony on the Project, and
NOW, THEREFORE, the City Council 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 evidence, both written and oral, from the public hearing, the City Council makes the following findings and takes the following actions with respect to the MND, dated November 2021:
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RESOLUTION NO. 2022-015
1. The Draft MND has been completed in compliance with CEQA, and is adequate for this proposed project.
2. The Draft MND was presented to the City Council, and the City Council reviewed and considered the information contained in the documents.
3. There is no substantial evidence that the project will have a significant effect on the environment.
4. Based on the above, the City Council hereby further finds and determines that the Project will have no significant impact on the environment with the incorporation of the mitigation measures listed in the Well 11 Raw Water Transmission Pipeline Alignment Project MND.
5. 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, Public Works Department, Water Division, 13220 Central Avenue, Chino, CA 91710.
6. Based upon the independent judgment of the City Council, the City Council adopts the Well 11 Raw Water Transmission Pipeline Alignment Project MND, dated November 2021, prepared by ECORP Consulting, Inc., for CIP Project No. WA211.
7. Based upon the independent judgment of the City Council, the City Council hereby adopts the Project specific mitigation measures as listed in the Initial Study/Mitigated Negative Declaration for the Project, and incorporated herein, in order to mitigate or avoid significant effects on the environment. Such migitation, including Project specific mitigation measures identified in the Well 11 Raw Water Transmission Pipeline Alignment Project MND, shall be made a part of the Project’s Specifications.
8. 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.
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RESOLUTION NO. 2022-015
PASSED, APPROVED AND ADOPTED THIS 1ST day of MARCH 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 1 st day of March 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
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Contract No.:__________
Approved: ____________
AGREEMENT
WELL 11 RAW WATER TRANSMISSION MAIN PROJECT (WA211)
THIS AGREEMENT is made and entered into this 1ST day of March, 2022 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, andMCC EQUIPMENT RENTALS, 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 entitled Well 11 Raw Water Transmission Main Project (WA211) 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 ofTwo Million, Six Hundred Sixty-Seven Thousand, Six Hundred Eighty Five Dollars and Twenty Two Cents ($2,667,685.22) 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.
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ARTICLE IV: Contractor shall begin work withinfifteen (15) calendar days after receiving 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
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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 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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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
MCC EQUIPMENT RENTALS, 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
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