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” for m (name and address optional) which is available at the entrance to the City Council Chambers .
Additionally, members of the public may submit electronic inquiries o r comments by submitting emails to [email protected]
In compliance with the American s 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 4 8 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 normal business ho urs at City Hall located at 13220 Central Avenue, Chino. In addition, such 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 APRIL 5, 2022
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
AGENDA
R
OLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Member Karen C. Comstock, Council Member Christopher Flores, Council Member Pocock.
CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about the closed session items. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR.
Pursuant to Government Code Section 54956.8.
Property: 13279 Monte Vista Avenue (APN# 1020-302-23-0000) Agency Negotiator: Matthew Ballantyne, City Manager
Negotiating Party: James A. Guillen
Under Negotiation: Price and terms of potential acquisition
CHINO CITY COUNCIL
APRIL 5, 2022 2
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
Chino Basin Municipal Water District v. City of Chino, et al. (Case No. RCVRS 51010).
3. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9: (One case).
Claim by Harrison Law Group on behalf of Stubbie Bar
4 . CONFERENCE WITH LABOR NEGOTIATOR(S).
Pursuant to Government Code Section 54957.6:
Agency Negotiator: Anthony Arroyo, Director of Human Resources/Risk Management.
Employee Organizations: Chino Police Officers Association; Chino Police Management Association; Chino Police Professional Employees Association; American Federation of State, County and Municipal Employees (AFSCME DISTRICT Council 36 - Local 3183); San Bernardino Public Employees Association (SBPEA)/Teamsters Local Union No. 1932 - Professional, Technical, Clerical); Chino City Hall Confidential Employee Association; Executive and Unrepresented Employees.
FLAG SALUTE
CEREMONIALS
Proclamations
Child Abuse Prevention Month - April 2022.
DMV Donate Life Month - April 2022.
National Public Safety Telecommunicators Week - April 10-16, 2022.
Presentations
Chino Police Officer’s Foundation Donation to Chino Youth Museum.
Donation to Chino Cultural Foundation and Food for Life - Jeans Thursdays Fundraiser.
Business of the Month April 2022 - Central Care Physical Therapy.
Mayor's Home Beautification Award - April 2022.
Presentation of the City of Chino Tile Plaque to City Manager Matt Ballantyne.
REPORT OUT OF CLOSED SESSION
AGENDA ADDITIONS/REVISIONS
INFORMATION
Economic Development Report - March 2022.
CHINO CITY COUNCIL
APRIL 5, 2022 3
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 addr ess the City Council about subjects that do not appear elsewhere on the agenda. Due to Council 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 that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote.
1. Warrants. Approve expenses as audited and within budget for warrants 759240 to 759529, and Electronic Fund Transfers 514802E to 514925E, totaling $5,916,866.56.
2. Minutes. a. Minutes. Regular Meeting of March 15, 2022 (All Members Present). b. Minutes. Special Meeting of March 15, 2022 (All Members Present).
3. Citywide Digital Signature Policy. Adopt Resolution No. 2022-020, approving a Citywide Digital Signature Policy.
4. Reclass Part-time CS Coordinator to Full -time. Adopt Resolution No. 2022 -023, amending the City's classification and salary sched ule to reclassify the position of part -time Community Services Coordinator to full-time Community Services Coordinator.
5. Federal Asset Forfeiture Funds - Equipment Purchase . Appropriate $92,806.83 from the Federal Asset Forfeiture / Department of Justi ce Fund to purchase a replacement Leica RTC 360 Scanner.
6. Notice of Completion - Construction of Traffic Signal Battery Back -Up Installation. Accept the construction of Traffic Signal Battery Back -Up Installation project TR181 as complete and authorize filing of a Notice of Completion.
7. Declaration of Intention to Establish Improvement Area 10 in Community Facilities District 2003- 3 and Incur Bonded Indebtedness for the Improvement Area . Adopt Resolution Nos. 2022-024 and 2022-025, declaring the Cit y of Chino’s intention to establish Improvement Area No. 10 in Community Facilities District (CFD) No. 2003 -3 and to Incur Bonded Indebtedness for the proposed Improvement Area.
8. Easement Deed Tract Map No. 16420 -1 – Preserve Master Maintenance Corporat ion. Adopt Resolution No. 2022-018, accepting an easement for public access and sidewalk purposes for Tract Map No. 16420 -1 generally located south of Pine Avenue, east of East Preserve Loop, west of Hellman Avenue, and north of Market Street.
CHINO CITY COUNCIL
APRIL 5, 2022 4
9. 2021 General Plan and Housing Element Annual Report . Receive and file the 2021 General Plan and Housing Element Annual Reports which will subsequently be filed with the Governor's Office of Planning and Research and the Ca lifornia Department of Housing and Commu nity Development.
10. Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Renewal Participation Agreement . Approve the Common Interest, Joint Defens e, and Confidentiality Agreement related to MS4 NPDES Stormwater Permit to allow the City to participate and be privy to all attorney-client conversations as a result of the upcoming MS4 Permit renewal negotiations.
11. Amendment to Agreement No. 2022 -081 for Magnolia Channel Cleaning and Maint enance.
Appropriate $7,500.00 from the unappropriated reserves of the Storm Drain Fund and approve Amendment No. 1 to Agreement No. 2022 -081 with Oakridge Landscape, Inc., Valencia, CA, increasing the compensation b y 17,500.00, for a total vendor cap amou nt not -to-exceed $64,914.60.
12. Professional Services Agreement - Geotechnical Services for Various CIP Projects . Approve a vendor cap increase and award Professional Services Agreements to Geo -Advantec, Inc. of San Dimas, CA , totaling $62,568 for geotechnical services for various CIP Projects.
13. Pine Avenue Connector Extension Project . Approve Project ST061 design advance fees in an amount not-to-exceed $60,000 to Southern California Edison for the design of the transmission lines related to the Pine Avenue Connector Extension Project.
M _____ S _____ RC _____
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.
14. Storm Drain Master Plan Update, Subarea No. 2 – The Preserve . Approve Resolution No. 2022-19 adopting the Storm Drain Master Plan Update, Subarea No. 2 - The Preserve.
Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.
RECOMMENDATION: 1) Conduct a public hearing; and 2) approve Resolution No. 2022 -019 adopting The Storm Drain Master Plan Update, Subarea No. 2 – The Preserve.
M _____ S _____ RC _____
NEW BUSINESS
15. Addition of Interim City Manager Position to the City's Classification and Salary Schedule .
Adopt Resolution No. 2022 -022 amending the City's classification and salary schedule to add the Interim City Manager position.
Staff Report by: Fred Galante, City Attorney.
RECOMMENDATION: Adopt Resolution No. 2022 -022 amending the City's classification and salary schedule to add the Interim City Manager position.
M _____ S _____ RC _____
CHINO CITY COUNCIL
APRIL 5, 2022 5
16. Madison Street Gap Closure Proposed Capital Improvement Project. Consider creating Capital Improvement Program (CIP) Project No. ST223 - Madison Street Gap Closure and appropriate $200,000 from the unappropriated reserves of the General Fund.
Staff Report by: Maria Fraser, CIP Engineering Manager.
RECOMMENDATION: 1) Consider creating Capital Improvement Project (CIP) Project No.
ST223; 2) appropriate $200,000 to the Transportation Fund 320 with a corresp onding year end backfill transfer from the General Fund 10 0 - for the project expenses; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
M _____ S _____ RC _____
17. Pine Avenue Improvements . Approve amendments to Professional Services Agreements with Proactive En gineering Consultants; EXP U.S. Services, Inc.; and IDC Consulting Engineers, Inc.
Staff Report by: Felicia Marshall, Associate Civil Engineer.
RECOMMENDATION: 1) Approve Amendment No. 5 to the Prof essional Services Agreement (No. 2020 -131) with Proactive Engineering Consulting (PEC ) in an amount not -to-exceed $361,250 and approve a contingency of $36,125 for additional professional services, for a potential Amendment No. 5 amount not -to-exceed $397, 375. Increase their vendor cap by $397,375, for a total ve ndor cap amount not -to-exceed $415,275 for FY21 -22. 2) Approve Amendment No. 4 to the Professional Services Agreement (No. 2021 -053) with EXP U.S.
Services, Inc. (EXP) in an amount not -to-exceed $21 2,910 and approve a contingency of $16,722 for additional professional services, for a potential Amendment No. 4 amount not -to- exceed $229,632. Increase their vendor cap by $229,632 for a total vendor cap amount not -to- exceed $453,512.93 for FY21 -22. 3) Approve Amendment No. 5 to the Professional Services Agreement (No. 2021 -118) with IDC Consulting Engineers, Inc. (IDC) in an amount not -to- exceed $461,630.40 and approve a contingency of $46,163 for additional professional services, for a potential Amendment No. 5 amount not-to-exceed $507,793.40. Increase their vendor cap by $507,793.40, for a total vendor cap amount not-to-exceed $1,019,272.40 for FY21-22.
M _____ S _____ RC _____
MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor an d Council Members to report on prescheduled Council Commit tee Assignment Meetings tha t 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
CHINO CITY COUNCIL
APRIL 5, 2022 6
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, April 19, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
I, Angela Robles, City Clerk of the City of Chino, hereby declare that on Thursday, March 31, 2022 this agenda was posted on the south window of Chino City Ha ll 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.
4.a
Proclamation - Child Abuse Prevention Month
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4.a
Donate for Life Month - April 2021
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C H I N
WHEREAS, emergencies can strike at any time, and when they do, we rely on the vigilance and preparedness of professional public safety dispatchers; and WHEREAS, professional public safety dispatchers are the first and most critical contact our citizens have with emergency services, and serve as that vital link between the citizen and the first responder who may apprehend a criminal, save their possessions from fire, and save their life or the life of a loved one; and
WHEREAS, the safety and effectiveness of our officers and firefighters is dependent upon the quality and accuracy of information provided by the dispatcher; and WHEREAS, the current Covid-19 pandemic has demonstrated the commitment of our Public Safety Dispatchers in the face of risk to themselves and their families in order to provide a critical link between our citizen's and our emergency services; and WHEREAS, the professional dispatchers of the Chino Police Department answered over 130,000 phone calls and dispatched over 86,000 calls for service in 2021, exhibiting compassion, understanding and professionalism during the performance of their job and contributing substantially to the high-quality public safety services provided by the Chino Police Department; and
WHEREAS, the City of Chino proudly recognizes these dedicated professionals, and commend them for the past 29 years of service, as well as their continued commitment to providing quality caring service to the Chino Community.
NOW, THEREFORE, I, EUNICE M. ULLOA, MAYOR OF THE CITY OF CHINO, in honor of the public safety dispatchers whose diligence and professionalism keep our City and citizens safe, do hereby proclaim April 10th-16th, 2022 as
NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK
PRESENTED THIS 5th DAY APRIL 2022.
EU
ATTEST:
~~ ANGEifoBL
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National Public Safety Telecommunicators Week
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:Jrlayor' s ¾ome <Beautification _Jl ward
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7'/iank,you for tlie continued improvement and maintenance of your liome resu{ting in a su6stantia{ contri6ution to tlie overa{{ appearance of tlie community. <Presented 6y tlie
9'1.ayor and City Counci{ of the City of Cliino
.Jlpri( 5, 2022
<Date
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CJ:.,unice :M. V((oa, :Mayor
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Mayor's Home Beautification Award - April 2022
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MARCH 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP: APRIL 5, 2022
1 Previous Current
Unemployment Rate January 2022 4.1% 4.8%
New Business Licenses February 2022 70 66
Retail Vacancy February 2022 9.9% 10.3%
Industrial Vacancy Q4, 2021 .1% .1% =
Office Vacancy February 2022 1.7% 3.4%
UNEMPLOYMENT STATISTICS
0.0%
5.0%
10.0%
15.0%
20.0%
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Unemployment 2013 - January 2022
Percent Unemployed
The Unemployment Rate in Chino increased
from 4.1% to 4.8% from December 2021 to
January 2022. *EDD,
www.labormarketinfo.edd.ca.gov
Mission Statement
“Together we take pride in
providing quality, caring
service to our community.”
City Dec Jan
Chino Hills 3.1% 3.5%
Eastvale 3.8% 3.8%
Rancho 3.6% 4.0%
US 3.9% 4.0%
Upland 4.4% 4.7%
Chino 4.1% 4.8%
Montclair 4.2% 4.9%
Fontana 4.9% 5.2%
Ontario 4.8% 5.4%
SBCO 5.2% 5.7%
California 6.5% 5.8%
7.a
Economic Development Report - March 2022.
Packet Pg. 11
MARCH 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP: APRIL 5, 2022
2 BUSINESS LICENSES
Business License Information – Updated Monthly
Between February 1 and February 28, 2022, the City processed 66 new business licenses. 33 of those businesses are in the City while 23 were located outside the City but provide services to City businesses and residents. * Munis Business License Report
RETAIL VACANCY RATES
Retail Vacancy and Rental Rates – Updated Monthly
The City of Chino is a highly desirable location. The retail vacancy rate for February 2022 is
10.3%, which is slightly higher than the previous month. The City has 13,600 square feet, of retail space currently under construction. *Progressive Real Estate Partners (PREP)/CoStar
INDUSTRIAL VACANCY
0 20
40 60
80 100
Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 New Business Licenses
9.0%
9.5%
10.0%
10.5%
Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Retail Vacancy Last 12 Months
Industrial Rates – Updated quarterly; includes all sites over 10,000 Square Feet
The industrial sector continues to flourish in Chino. The City has 1,524,587 square feet of industrial space under construction. Chino continues to have one of the lowest vacancy rates in the region at 0.1%. Vacancy rates for Q4 2021 decreased in Chino since the prior quarter. Of the cities noted, Chino garners the highest per square foot rate at $1.39. *Colliers Market Research
City Dollar
Rate
Vacancy
Percent
Eastvale $0.84 0.00%
Ontario $1.19 0.10%
Chino $1.39 0.10%
Inland Empire $1.07 0.50%
Fontana $1.20 0.70%
Rancho $1.35 3.90%
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Economic Development Report - March 2022.
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MARCH 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP: APRIL 5, 2022
3 OFFICE VACANCY
Office Vacancy and Rental Rates – Updated Monthly
The office vacancy rate of 3.4% is slightly higher this month for the Chino Valley office market, which accounts for 6% of the Inland Empire. However, the market garners a hefty $2.31 per square foot, and consists of a total of 1.8 M square feet of office and corporate headquarters space. There are no current office buildings under construction. *CoStar
RESIDENTIAL CONSTRUCTION
Residential Construction Updates – Updated Monthly
Residential housing continues to move forward with 354 single family residences currently under construction, 188 multi-family units under construction, and 948 units approved for construction. *Development Services Department
Accessory Dwelling Units (ADU) – Updated Monthly
During 2021 the City of Chino added 25 ADU’s over the course of the year. In the first quarter of 2022, two additional ADU’s were added. *Development Services Department
$0.84
$1.19
$1.39
$1.07
$1.20
$1.35
0.00% 0.10% 0.10%
0.50% 0.70%
3.90%
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
$0.30
$0.50
$0.70
$0.90
$1.10
$1.30
$1.50
Eastvale Ontario Chino Inland Empire Fontana Rancho
Industrial Rate and Vacancy as of Q4 2021
Dollar
Rate
Vacancy
Percent
0.0%
2.0%
4.0%
6.0%
Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Office Vacancy Last 12 Months
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Economic Development Report - March 2022.
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MARCH 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP: APRIL 5, 2022
4 CITY UPDATES
For more information on the following, visit our City website:
• Capital Improvement Projects www.cityofchino.org/cip. • Road closures www.cityofchino.org/roadclosures.
• City Events www.cityofchino.org/events.
• City meetings can be found at www.cityofchino.org/calendar.
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Economic Development Report - 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: APRIL 5, 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 759240 to 759529, and Electronic Fund Transfers 514802E to 514925E, totaling $5,916,866.56.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 21-22 Operating Budget.
10.1 CONSENT CALENDAR
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COUNCIL MEETING DATE: APRIL 5, 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. 759240 – 759324 2/24/22 21-22 $1,730,541.43
2. 759325 – 759423 3/3/22 21-22 $1,390,150.14
3. 759424 3/3/22 21-22 $149,883.35
4. 759425 – 759529 3/10/22 21-22 $941,390.76
5. 514802E – 514829E 2/25/22 21-22 $89,353.22
6. 514830E – 514878E 3/4/22 21-22 $1,207,845.17
7. 514879E – 514925E 3/11/22 21-22 $407,702.49
*Denotes handwritten warrant
E: Electronic Fund Transfers
TOTAL $5,916,866.56
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
10.1 CONSENT CALENDAR
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Council Meeting 4/5/22
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
759256 02/24/2022 CHINO VALLEY UNIFIED SCHOOL DISTRICT CROSSING GUARD SERVICES $82,098.23 759270 J & S STRIPING CO., INC. STREET STRIPING & PAVEMENT MAINT. $112,747.73 759297 PACIFIC HYDROTECH CORPORATION EWTF EXPANSION CONSTRUCTION SVCS. $603,284.58 759313 SULLY-MILLER CONTRACTING STREET REHAB-RIVERSIDE DR./11TH ST.
STORM DRAIN
$168,926.41
759321 WASTE MANAGEMENT REFUSE COLLECTION $393,026.88 759348 03/03/2022 DBX, INC. TRAFFIC SIGNAL MODIFICATION $91,385.28 759349 DUDEK SEWER MASTER PLAN $52,080.00
759387 NORSTAR PLUMBING & ENGINEERING, INC. BRINE LINE CONSTRUCTION $468,463.63 759391 PACIFIC HYDROTECH CORPORATION EWTF EXPANSION $404,103.92 759421 WASTE MANAGEMENT REFUSE COLLECTION $93,022.63
759424 SO CAL EDISON CO. SERVICE PERIOD 03/03-07/27 $149,883.35 514830 03/04/2022 10-8 RETROFIT, INC. RETROFITTING & MAINTENANCE OF FLEET $80,264.35 514841 CRAFCO/ABSOLUTE ASPHALT ASPHALT CRACK SEALING MACHINE $56,487.39 514855 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICES $824,150.08 759438 03/10/2022 BIG BEN, INC. WATER MAIN REPLACEMENT-QUADRANT III $132,792.52 759445 CALIAGUA, INC. PERMANENT SEWER LIFT STATION $98,800.00 759450 CCS ORANGE COUNTY JANITORIAL INC CITYWIDE JANITORIAL SERVICES $66,061.42 759469 HARDY & HARPER INC PAVEMENT REMOVAL & REPAIR SERVICES $75,159.00 759528 WRIGHT CONSTRUCTION ENGINEERING CORP PINE AVENUE ROAD REPAIR $150,255.80 514885 03/11/2022 CLS LANDSCAPE MANAGEMENT, INC. LANDSCAPE MAINTENANCE $60,711.90 514914 03/11/2022 SILVER & WRIGHT LLP SPECIALIZED LEGAL SERVICES $51,877.11
21 TOTAL $1,360,083.83
10.1.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 MARCH 15, 2022
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
M I N U T E S
CALL TO ORDER
The March 1 5, 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 PUBLIC COMMENTS
There were no requests to speak.
CLOSED SESSION
City Attorney Fred Galante read into the record the items listed on the Closed Session agenda.
1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54 956.9:
Harvey Allen II v. Chino Police Department, et al . (San Bernardino County Superior Court case no. CIVDS2004426)
2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Gove rnment Code Section 54956.9.
Number of Cases: One Case.
3. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957.
Title: City Manager
4. CONFERENCE WITH LABOR NEGOTIATOR(S). Pursuant to Government Code Section 54957.6:
Agency Negotiator: Anthony Arroyo, Director of Human Resources/Risk Management.
Employee Organizations: Chino Police Officers A ssociation; Chino Poli ce Management Association; Chino Police Professional Employees Association; American Federation of Minutes
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CHINO CITY COUNCIL
MARCH 15, 2022 2
State, County and Municipal Employees (AFSCME DISTRICT Council 36 - Local 3183); San Bernardino Public Employees Association (SBPEA)/Te amsters Local Union No . 1932 - Professional, Technical, Clerical); Chino City Hall Confidential Employee Association; Executive and Unrepresented Employees.
The City Council recessed to Closed Session at 6:02 p.m. and concluded at 7:05 p.m. The City Council reconvened the meeting at 7:07 p.m.
FLAG SALUTE
Mayor Pro Tem Lucio led the assembly in reciting the Pledge of Allegiance.
CEREMONIALS
Proclamations
Mayor Ulloa read into the record the Proclamation designating April 1, 2022 as “National Arbor Day” in Chino and presented it to Steve Lewis, President, Chino Youth Museum, and David McAbee, Public Works Services Manager, City of Chino.
Presentations
Mayor U lloa recognized Chino High School Wrestling Team and Coach Alex Angulo for placing in CIF.
Mayor Ulloa introduced Fire Chief Dave Williams who introduce d the Chino Valley Fire District Firefighter/Paramedic New Hires.
Mayor Ulloa introduced Police Chief Wes Simmons who introduced the new Chino Police Department Promotions.
REPORT OUT OF CLOSED SESSION
City Attorney Fred G alante reported that the City Council met in closed session and need to recess back into close d session after the op en session . The closed session report will be provided at the conclusion of closed session.
AGENDA ADDITIONS/REVISIONS
City Manager Matt Ballantyne reported there were no agenda additions or revisions.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following community event and program:
• Cultural Palooza on Saturday, March 19th on the lawn in front of City Hall from 4:00 p.m. to 9:00 p.m. This event celebrates Chino’s rich a nd various cultures with an evening of entertainment, great food , and shopping . For more information call the Community Services Department at (909) 334-3258.
• Household Hazardous Waste drop off prog ram on Saturday , March 26th at the City of Chino Public Works Services Yard located at 5050 Schaefer Avenue from 8 a.m. to 1 p.m. This event is for Chino resident s and provides the community a chance to safely dispose of products containing chemicals. For more information call (909) 334-3472.
Minutes
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CHINO CITY COUNCIL
MARCH 15, 2022 3
M
ayor Ulloa announced that the meeting will adjourn in memory of former Upland City Council Member Tom Thomas who passed away on February 26, 2022. Tom was a great leader for the City of Upland who took pride in making Upland a great place to work and live. Tom served on several boards and foundations and helped raise funds for multiple important projects in Upland.
On behalf of the City Council, Mayor Ulloa extended prayers to the family during this very difficult time.
PUBLIC COMMENTS
Michael Tafoya of Living Word Assembly Church provided the Invocation.
Melissa Compani from Supervisor Curt Hagman ’s office announced the Coffee with Curt event taking place on March 19 th from 9:00 a.m. to 10:30 a.m. at the Chino Police Department and presented a Certificate of Recognition for the Arbor Day event.
Caroline Doherty, 7 th Street resident, spoke about concerns related to patrons of Isaiah ’s Rock and the homeless population. She suggested Isaiah ’s Rock be relocated in a commercial district.
Judy Gardner, the daughter of a 7 th Street resident, spoke about concerns for her mother related to the patrons of Isaiah ’s Rock who live out of their cars and encroach on her mother ’s property. She expressed her understanding of the need for services but was opposed to the services being offered in a residential area.
Dr. Dean Kerr, business owner of Chino Chiropractic Office on 7 th Street, spoke about the impact of Isaiah’s Rock on his business. Dr. Kerr stated that over the years he has lost patients and income due to patrons of Isaiah ’s Rock. Dr. Kerr recommended the City establish a complaint division regarding this matter and separate from the Mayor’s office.
Rhonda Valdivia, a resident who lives near 7 th Street, expressed her sadness regarding the current state of Central Avenue and mostly 7 th Street. She shared concerns regarding the homeless population creating a nuisance and loitering in the area. It is no longer an area where she feels safe or proud to live and it is not an appropriate place for a mock homeless shelter.
Charlene King spoke in support of Isaiah’s Rock and stated she believes a camera was recently installed on 7 th Street. She has lived in her home for 30 years and has not experienced the activity described by the other residents of 7 th Street. She apologized to everyone involved and welcomes the opportunity to work in collaboration with the residents to address these issues.
Ellen, a volunteer at Isaiah ’s Rock, spoke in support of Isaiah ’s Rock and their mission to help others. She described the positive activity that takes place including serving the community in multiple ways.
City Attorney Fred Galante explained to those in attendance that the City Council and Staff are listening to the concerns of the community, and beyond the efforts of the police department to maintain control, there is a directive to provide additional plans to provide and implement measures to address the quality-of-life issues. He ensured the community the city is responding to the concerns of the residents.
Mayor Ulloa stated the city is working out something so 7 th Street residents feel safe and noted there must be room for both the residents and Isaiah ’s Rock. She explained the need for Isa- iah’s Rock, because of the support they provide for the less fortunate including the school dis- trict families. She believes what is happening now is a cumulation of what is happening in our society. She stated we are taking the concerns serious and are working on changes so the resi- dents feel safe in their homes.
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Judy Gardner, the daughter of a 7th Street resident, sp oke again related to con cerns about dishonesty related to the inc idents that have taken place on 7 th Street. Ms. Gardner stated she can no longer worry about the dangers in the area and will take any necessary steps to resolve the problem.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 758996 to 759239, and Electronic Fund Transfers 514712E to 514801E, totaling $3,236,493.64.
2. Minutes. a. Regular Meeting of March 1, 2022 (All Members Present) b. Special Meeting of March 10, 2022 (All Members Present)
3. Termination of Local Emergency for COVID-19. Adopt Resolution No. 2022-016, rescinding the Local Emergency proclamation, originally proclaimed on M arch 16, 2020, resulting from the COVID-19 pandemic affecting the Ci ty of Chino, as well as authorizations allowing temporary outdoor dining and banners, as the emergency conditions no longer exist.
4. Citywide Classification and Compensat ion Stud y. Award Koff & Associates, A Gallagher Company the Professional Services A greement (PSA) for a Citywide Classification and Compensation Study in the amount of $77,385 and auth orize additional e xpenditures for contract contingencies of up to $7,739.
5. Amendment to the City's Classification and Salary Schedule . Adopt Resolution No. 2022-017, approving the salary schedule increase for the position of Part-time Counselor III.
6. Amendment to the Construction Agreement LS College Park, LLC & Immediate Reimbursement Magnolia Channel . Approve an amendment to the construction agreem ent with LS College Park, LLC for the Magnolia Channel project and authorize an immediate reimbursem ent in the amount of $1,559,124.
7. Change Order and Appropriation - Ayala Park Improvements - North Parking Lot, Picnic Pavilion, and Accessibility Proje ct (PK221) . Approve a change order in the amount of $10,526.64 to Klassic Engineering and Construction, Inc., Orange, C A for the Ayala Park Improvements - North Parking Lot, Picnic Pavilion, and Accessibility Project.
8. KB Home Coastal, Inc. - Subdivision Improvement Agreement Tract Map No. 19979 . Approve the Subdivision Improvement Agreement and securitie s with KB Home Coastal, Inc for Tract Map No. 19979 located at the n ortheast corner of Pine and East Preserve Loop Road (Exhibit A).
9. Watertight Sew er Manhole Assembly and Streetlight Connections Retrofit Project . Reject all bids for the Watertight Sew er Manhole Assembly and Streetlight Connections Retrofit Project (D4215) received on February 22, 2022 and authorize staff to re-bid the project.
10. Adoption of an Ordinance to Establish the New City Council District Boundaries (Second Reading). Adopt O rdinance No. 20 22-004 establishing the attached "Preferred Map" as t he new voting district map for the City of Chino.
ORDINANCE NO. 2022-004
AN ORDINANCE OF THE CITY OF CHINO AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.0 6, CITY COUNCIL, OF TH E CHINO MUNICIPAL CODE
RELATING TO DISTRICT ELECTIONS WITH RESPECT T O ELECTING CIT Y COUNCIL
MEMBERS, ESTABLISHING NEW DISTRICT BOUNDARIES
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Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 5-0 vote, to approve Consent Calendar items 1 through 10 as presented.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
NEW BUSINESS
11. SCAQMD Budget Appropriation to Project WA19C. Appropriate $750,000 from the South Coast Air Quality Management District Subvention Fund to project WA19C to fund construction of the Brine Disposal Pipeline.
Staff Report by: Joslyn Blakely, Project Coordinator.
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0 vote, to 1) Appropriate $750,000 to the E astside Wa ter Trea tment Facility Expansion and Brine Pipeline P roject WA19C from the unappropriated reserves of SCAQMD Fund 325; 2) increase the project budget for WA19C to $19,358,030; and 3) autho rize the City Manager to process the necessary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
12. Fiscal Year 2021-22 Mid-Year Financial Review. Receive and file the Financial Review Status Report and consider amendments to adopted budget appropriations/expected revenues and consider contract amendments and purchase order increases.
Staff Report by: Rob Burns, Director of Finance.
Director of Finance Rob Burns presented this i tem. Mayor Ulloa inquired about infla tion and requested a five-year budget projection.
Moved by Council Member Comstock, seconded by Mayor Pro Tem Lucio, and carried on a 5 -0 vote, to 1) Receive and file the Financial Review Status Report; 2) appropriate $1,210,000 from the unappropriated r eserves of the Gener al Fund, $75,000 from the unappropriated reserves of the Transportation Fund; $540,000 from the unappr opriated reserves of the Landscape & Lighting Fund; $3,000 from the unappropriated reserves of the Assessment District Fund; $544,000 from the unappropria ted reserves of the Wa ter Fund; $216,000 from the unappropriated reserves of the Sewer Fund; $6,000 fr om the unappropriated reserves of the Storm Drain Fund ; $61,000 from the unappropriated reserves of the Sanitation Fund ; $640,291 from the unappropriated reserves of the Liability Insurance Fund; $1,085,000 from the unappropriated reserve s of the Employee Benefits Fund ; and $ 407,000 from the unappropriated reserves of the Equipment Management Fund; 3) increase the revenue budget in the amount of $ 1,125,000 in the General Fund; 4) approve contract amendments for Transtech Engineers, IDC Consulting Engineers, Z & K Consultants, and CLS Landscape Management ; 5) approve an increase to the Purchase Order s for Sidepath, Crafco Absolute, and Ace Clean Environment ; and 6) authorize the City Manager to execute all necessary documents on behalf of the City.
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AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
13. BriefCam Analytical Video Software and Milestone V MS Camera Licenses . Approve a Purchase Order to Safeware, Inc., Lanham, MD, for a not-to-exceed amount of $168,306.98 for the purchase of Briefcam Analytical Video Software and Milestone VMS Camera Licenses.
Staff Report by: Dennis Ralls, Transportation M anager and Chino Police Lieutenant Dustin Tomicic.
Mr. Ralls and Lt. Tomicic provided a presentation and explained the new capab ilities of the proposed software and planned usage by the city staff which will allow for increased video management and increased capabilities for traffic camera observation, as well as the ability to search through video recordings for recognition of specific information. Council Members asked questions about the software and the storage of data for future research of traffic patterns.
Council Member Comstock inquired about privacy related to the traffic cameras . Lt. Tomicic confirmed the Police Department have policies for technology that cover s how privacy is considered in investigations to only include pertinent information.
Mayor Ulloa asked if the system could be used to help with illegal traffic activity and Lt. Tomicic stated the software can provide alerts for designated areas.
Mayor Pro Tem Lucio stated his support for this system and its ability to help deter crime in the City.
Council Memb er Flores inquire d about the capability of locating specific individual s and Lt.
Tomicic confirmed the system can search for pedestrians and vehicles.
Moved by Council Member Comstock, seconded by Mayor Pro Tem Lucio, and carried on a 5 -0 vote, to 1) App rove the purchase of BriefCam analytical video softwa re and Milestone VMS camera licenses from Safeware, Inc. for $168,306.98; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa first announced with sad ness that today would have been Mark Hargrove ’s 58th birthday, and she misses him dearly . Mayor Ulloa reported on meetings and events at tended since the la st meeting that incl ude the Omnitrans Board of Directors meeting; San Bernardino County Transportation Authority Board of Directors meeting; Water Facilities Authority Technical Advisory Committee meeting; Chino Desalter Authority Board of Direct ors meeting; Inland Empire Utilities Agency Sewage Policy Committee; Senior Center Birthdays; Chino Youth Museum DairyAire 5K Run; Chino National Little League opening day ceremonies; funeral of Ray Reyes; Water Facilities Agency Finance Committee; Appropriate Pool Confidential Session; Metro Valley C ommittee; City Council S pecial Meeting; Arbor Day event; funeral o f Mo nique Berterretche; and City Ad Hoc Committee meeting regarding the City Manager selection.
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Mayor Pro Tem Lucio
Mayor Pro Te m Luci o reported on meetings and even ts attended since the last meet ing th at include a meeting with Lissa and Joe Fraga of the Preserve; DairyAire 5K Run; Chino National Little League opening day ceremonies; Infrastructure Streets Committee Meeting regarding Ayala Park construction; Sonia Shaw regarding her campaign for the Chino School Board; the City Manager; Lewis Homes regarding the Preserve; Chino POA; City Council Special meeting; the P reserve office hours; Sitka and Majestic Realty regarding their construction request and community outreach; and the City Ad Hoc Committee meeting regarding the City Manager selection. Mayor pro Tem Lucio recognized his son ’s birthday and wished his condolences to the family of Mark Hargrove on his birthday.
Council Member Comstock
Council Member Comstock reported on meetings and events attended since the last meeting that included the Police Dep artment welcome and swearing in ceremony; DairyAire 5K Run; Chino National Little League opening day c eremonies; Infrastructure Streets Committee Meeting regarding Ayala Park construction ; Sitka and Majestic Realty regarding their construction request and community outreach ; funeral service of Monique Berterretche; City Council Special Meeting; and City Council Workshop. Council Member Comstock expressed her appreciation to City Manager Ballantyne. Council Member Comstock expressed condolences to the Hargrove family on his birthday and mentioned by coincidence, his nephew David Hargrove was here as a part of the Police Department promotions tonight.
Council Member Flores
Council Member Flor es than ked all the community members for attending the meeting and workshop and sharing their concerns. Council Member Flores reported on meetings and events attended since the last meeting that included the Chino Police Depar tment welcome and swearing in ceremony; Chino Youth Museum DairyAi re 5K Run; Chino National Little League opening day ceremonies; Coastal Vision Medical Group grand opening; Economic Development Committee Meeting; Special City Council Meeting; helicopter ride with Ontario PD to fly over the City of Chino; Arbor Day event; Chino American Little League opening day ceremonies; Cultural Foundation meeting; and meeting with Yolanda Holguin of the Boxing Foundation.
Council Member Flores provided his condolences to the family of Mr. Rey Reyes and to the family of Mark Hargrove on his birthday.
14. Community S upport Fund Contrib ution. Approve community suppor t fund contribution in the amount of $350 each to Chino American Little League and Chino National Little League.
Staff Report by: Council Member Pocock.
Moved by Mayor Pro Tem Lucio, seconded by Mayor Ulloa, and carried on a 5-0 vote, to approve a community support fund contribution in the am ount of $350 each to Chino American Little League and Chino National Little League.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
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Council Member Pocock
Council Member Pocock reported on meetings and events attended since the last meeting that included the Police Department welcome and swearing in ceremo ny; DairyAire 5K Run; Chino National Little League opening day ceremonies; Chino Valley Fire Board of Directors; Economic Development Committee; Special City Council Meeting; funeral of Monique Berterretche; Chino Cultural Foundation; and City Manager. Council Member Pocock expressed his appreciation for Mark Hargrove who was taken way too soon.
City Manager's Report
City Manager Matt Ballantyne thanked the City Council, Community and Staff for their support during the transition.
City Attorney's Report
City Attorney Fred Galante had no report.
Police Chief's Report
Police Chief Wes Simmons provided updates on the recent DUI checkpoint with 4 drunk driving arrests and 9 citations issued for suspended licenses. He reported that t he Pink T-Shirt and Patch Program for Breast Cancer Awareness last October raised $11,500 and proceeds were donated to Loma Linda Cancer Care Center.
Fire Chief's Report
Fire Chief Dave Williams reported on calls for ambulance services in the Chino Valley as well as the hiring of more new recruits, Director of Finance , and Director of Human Resources . Chief Williams announced the Salute to Public Safety is taking place on March 23 rd and the Chief’s Badge Pinning Ceremony on March 24th. Lastly, he reported on a fundraising event held on St.
Patrick’s Day that generated about $10,000 with proceeds going back into the community.
CLOSED SESSION
The City Council recessed to Closed Session at 8:55 p.m. and concluded at 9:35 p.m. The City Council reconvened the meeting at 9:35 p.m.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported the following for the Closed Session agenda items:
1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54 956.9:
Harvey Allen II v. Chino Polic e Department, et al . (San Bernardino Cou nty Superior Court case no. CIVDS2004426)
The City Council received an update and provided direction and no further reportable action was taken.
2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4 ) of Subdivision (d) of Gove rnment Code Section 54956.9.
Number of Cases: One Case.
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Council Member Flores abstain ed from this item , left the closed session room, and did not participate in the discussion . The balance of the Council Members participated in the discussion, provided direction, and no further reportable action was taken.
3. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957.
Title: City Manager
The City Council received an update and no further reportable action was taken.
4. CONFERENCE WITH LABOR NEGOTIATOR(S ). Pursuant to Government Code Section 54957.6:
Agency Negotiator: Anthony Arroyo, Director of Human Resources/Risk Management.
Employee Organizations: Chino Police Officers Associat ion; Chino Poli ce Management Association; Chino Police Professional Emplo yees Association; American Federation of State, County and Municipal Employees (AFSCME DISTRICT Council 36 - Local 3183); San Bernardino Public Employees Association (SBPEA)/Teamsters Local Union No . 1932 - Professional, Te chnical, Clerical); Chino City Ha ll Confidential Employee Association; Executive and Unrepresented Employees.
The City Council discussed, and no further reportable action was taken.
ADJOURN
The meeting adjourned in memory of Tom Thomas at 9:37 p.m. The next Regular Meeting of th e City C ouncil will be h eld on Tuesday, April 5, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 5th DAY OF APRIL, 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
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CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SPECIAL MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY MARCH 15, 2022
OPEN SESSION – 4:00 PM
M I N U T E S
CALL TO ORDER
The March 1 5, 2022 , Special Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:01 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.
FLAG SALUTE
Council Member Comstock led the assembly in reciting the Pledge of Allegiance.
PUBLIC COMMENTS
Barry Schwartz, a resident of Chino, spoke about concerns related to street sweeping in his neighborhood and the inability for the street sweeper to clean the street due to parked vehicles in his neighborhood. He noted his neighborhood does not have rules for no parking on stree t sweeping days like other cities have.
DISCUSSION
1. Water Master Plan Update. Receive an update from the City's consultant, Hazen and Sawyer, regarding the Water Master Plan.
Presentation by: Tori Yokoyama of Hazen and Sawyer.
Mr. Yokoyama gave a present ation on the City of Chino’s Water Master Plan Update (WMP).
The last WMP update was in 2004 due to rapid housing gro wth. Mr. Yokoyama provided an overview of elements included in the 2021 WMP update, a summary of current water systems, and detailed the purchased wat er in th e City of Chino . He then provided an overview of the current water demand and future water demands. A GIS update was also performed, and the data was imported into InfoWater hydraulic modeling software.
Mr. Yokoyama reviewed the project recommendations as a result of the system evaluation. The recommendations were related to water supply, increase of pumping capacity, and construction of new storage. Also presented was the Capital Imp rovement Program recommended projects and maintenance project s as a resu lt of the various ana lyses conducted as part of the 2021 WMP. These projects total $129M over the next 15 years.
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Mayor Ulloa inquired regarding funding for the projects. Director of Public Works, Amer Jakher, stated the details on the funding will come ba ck as part of DIF analysis and will come back to the City Council with the final Water Master Plan and DIF study in about 6 months.
Council Member Poc ock inquired regarding the use of recycled water . Natalie Avila, Associate Engineer, clarified that the state regulations restrict the use of recycled water near dwelling units. Council Member Comstock inquired about history of the wells.
2. Citywide Street Sweeping Program. Receive a verbal report from staff on the citywide street sweeping program.
Staff report by: Amer Jakher, Director of Public Works.
Director of Public Works , Amer Jakher, gave a presentation on street sweeping for the City of Chino. Street sweeping is currently conducted through a Wast e Man agement contract with streets swept twice a month with no enforcement of vehicles parked on the street. The current issues include parked vehicles impeding proper sweeping of gutters impacting drainage due to the buildup of debris. The City of Chino would like to provide a higher level of service b y requiring residents to leave the street vacant during the scheduled sweeping hours on street sweeping day s. The challenges with implementing this program include posting appropriate signage, hiring staff to issue citations for vehicles left on the street , add itional administrative work to process citations, and complaints about citations and neighbors not moving vehicles.
The implementation of the program will require the installation of proper signage, con tract staff and purchase of equipment, a system for processing citations, establishing gr ace period for warnings, and providing one -time ticket deferments. Mr. Jak her outlined two options for the Council to consider:
Option 1 will implement the street sweeping program throughout the city at one time. • Advantages – Simultaneous Citywide implementation.
• Disadvantages – High citation amount to achieve complianc e, additional resources to implement, and resident discontent.
Option 2 will implement the street sweeping program in phases. • Advantages – Gradual enforcement, low number of citations, one-time per year reduction of fine , no need for addi tional resources to implement, less resident discontent, and reduced workload from fewer complaints.
Staff made the recommendation to proceed with preparing for Option 2, with gradual addition of areas to enact the citywide program in one year, with initial citation amount of $25-$30, one-time per year reduction of fine based on license plate number and implement first in areas with the least amount of street parking. Initial costs of the proposed street sweeping program include two part-time (35 hour) Police Cadets at an annual cost of $67,000, electronic citation software and licensing costs of $24,100, one time vehicle and equipment cost of $80,000, one time cost of signs $60,000, and an unknown administrative cost potentially absorbed by existing staff.
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Council Member Comstock asked about the timeline of implementing the program citywide. Mr.
Jakher stated if it begins in July of 2022, he p rojects implementation citywide by the end of Fiscal Year 2022-2023.
Council Member Pocock discussed the fee structure for citations, suggesting fees be increased for each repeated citation to encourage compliance.
Council Member Flores suggested the grace period of 30 days be extended to 45 days.
Mayor Pro Tem Lucio added there will need to be a n active public outreach campaign in English, Spanish and Chinese. He shared his support for the phas ed ap proach of the stre et sweeping program, starting in areas with less parked vehicles. He also shared support of extending the grace per iod on citations, because the end result is not to turn a profit, but to clean the streets and beautify the city.
Mayor Ulloa asked if the Waste Management contact will need to be modified and Mr. Jakher confirmed it will not need to be modified since the street sweeping schedule will be unchanged.
Mayor Ulloa inquired about unpaid citations and abandoned vehicles. Police Chief Simmons stated the software company used for citations would handle the collection on unpaid citations.
Also, if vehicles are not moved, they will be identified, tagged for 72 ho urs, and then towed if they have not moved.
Mayor Ulloa inquired about f unding for the p rogram and Mr. Jakher stated some funding wi ll come from the parking citation revenue and the remaining from the General Fund.
Mayor Ulloa inquired ab out developments with limited parking and proper signage . Mr. Jakher stated ce rtain nei ghborhoods can have different street s weeping days for each s ide of the street, which will provide the option of parking on the o pposite side of the street on sweeping days.
Mayor Ulloa s uggested a plan for street sweeping signage be developed and approved by the Council.
Council Member Comstock expressed concern about raising the citation cost for repeat citations as it may be perceived as a way to generate income. She agreed with evaluation of signage and ensuring the signage is enforceable.
Discussion ensued regarding street sweeping and parking in alleyways, and the potential issues with vehicles being moved to t he alley to comply with street swee ping requirements. The Council and Staff discussed public outreach and monitoring to ensure vehicles are not parked in the alleyways. City Manager Ballantyne noted the city maintains one street sweeper that can help with any alleyways that are in need of sweeping.
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Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0 roll call vote, to proceed with the s treet sweeping program Option 2 and incorporate into the Fiscal Year 2022-2023 budget.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.
NOES: NONE.
ABSENT: NONE.
ADJOURN
The meeting adjourned at 4:46 p.m. The next Regular Meeting of th e City Council w ill be h eld on Tuesday, March 15, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m.) in these Council Chambers.
APPROVED AND ADOPTED THIS 5TH DAY OF APRIL, 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: APRIL 5, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: JACK MORGAN, ASSISTANT TO THE CITY MANAGER
SUBJECT: CITYWIDE DIGITAL SIGNATURE POLICY.
RECOMMENDATION
Adopt Resolution No. 2022-020, approving a Citywide Digital Signature Policy.
FISCAL IMPACT
There is no fiscal impact associated with this action.
10.3 CONSENT CALENDAR
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COUNCIL MEETING DATE: APRIL 5, 2022
SUBJECT: CITYWIDE DIGITAL SIGNATURE POLICY
PAGE 2
BACKGROUND
The City of Chino continues to seek opportunities to increase its efficiencies and better serve the public. A major aspect to day -to-day operations is contracts. In a given fiscal year, the City will execute over 250 new contracts to continue the City’s collaborative efforts with for -profit, non-profit, and government entities to best serve th e community. While the end result of these collaborative efforts is certainly beneficial, gathering signatures and maintaining contracts pursuant to our records management policy is time consuming.
Contract processing with the City is by all intents and p urposes a manual process. Departments gather original signatures, hand deliver the contract to the Finance, Risk Management, and Administration Departments for review, scanning, and processing. During the start of new fiscal years, the workload of processi ng new and existing contracts (i.e., contract amendments and extensions) is extensive and time consuming.
ISSUES/ANALYSIS
Fortunately, pursuant to California Government Code Section 16.5, the City may utilize “digital signatures” as that term is defined to execute various transactions. By adopting a digital signature policy, the City Council will detail the manner in which staff may utilize digital signatures as well as how those documents will be stored. The City already has the technical infrastructure in place to use and store digital signatures; however, the policy is the last guiding piece that will streamline this important internal process.
Therefore, to better serve the public by increasing our efficiencies through existing technology, staff recommends that the City Council adopt Resolution No. 2022 -020, approving the Citywide Digital Signature Policy.
Attachment: Resolution No. 2022-020
10.3 CONSENT CALENDAR
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RESOLUTION NO. 2022-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,
ADOPTING A DIGITIAL SIGNATURE POLICY TO ELECTRONICALLY SIGN AGREEMENTS AND LEGISLATIVE DOCUMENTS AS SPECIFIED.
WHEREAS, contracting with for-profit, non-profit, and government entities to provide services is a major aspect to the City’s day-to-day operations; and
WHEREAS, while the benefits of collaborating with diverse stakeholder s and partners is certainly evident, there are operational costs to gather, sign, and process all City contracts or legislative documents that come through the City; and
WHEREAS, California Government Code Section 16.5 allows cities to use “digital signatures,” as that term is defined, to execute various transactions; and
WHEREAS, to help streamline the City’s contract and/or document processing procedures, it is evident that the City may utilize a digital signature process to execute and process documents in a paperless format; and
WHEREAS, while the benefits of creating operational efficiencies are certain, it is necessary to establish the parameters in which a digital signature may be used; and
WHEREAS, to establish these clear standards and parameters, it is necessary to adopt a Digital Signature Policy.
NOW, THEREFORE, THE CITY COUNCIL OF THE CI TY OF CHINO DOES HEREBY RESOLVE as follows:
1. The foregoing recitals are true and correct; and
2. That the City Council does adopt the Citywide Digital Signature Policy attached hereto as Exhibit “A”; and
3. That the City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 5th Day of April, 2022.
______________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
____________________________
ANGELA ROBLES, CITY CLERK
10.3.a
Citywide Digital Signature Policy
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RESOLUTION NO. 2022-020
PAGE 3
State of California )
County of San Bernardino )§
City of Chino )
I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting held on the 5th day of April, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________
ANGELA ROBLES, CITY CLERK
Attachment: EXHIBIT “A” - CITYWIDE DIGITAL SIGNATURE POLICY
10.3.a
Citywide Digital Signature Policy
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Administrative Policy
Digital Signature Policy
I. Purpose Statement and Requirements:
To improve the City of Chino’s administrative efficiencies, City staff and elected officials may utilize digital signatures, as that term is defined in California Government Code Section 16.5, to execute various transactions. As an overview, the State of California recognizes digital signatures as an electronic identifier that carries the same force and effect as a manual signature. To effectively process City transactions, staff may utilize digital signatures to execute agreements , contracts, and legislative documents as more specifically described under Subsection C of Section II. The digital signature provider must be a current and recognized certification authority with the California Secretary of State’s Office. A list of current “authorized certificate authorities” can be found at:
http://www.sos.ca.gov/administration/regulations/current-regulations/technology/digital- signatures/approved-certification-authorities/.
If the digital signature provider is not a current and authorized certificate authority, then the signature created through the provider’s product will not be recognized with the same force and effect as a manual signature . However, should the California Secretary of State, under any circumstances, waive the requirement to use vendors listed as “authorized certificate authorities,” then the procedures and standards set out by the California Secretary of State under those unique circumstances shall replace the aforementioned requirements and remain in effect until the previous procedures/standards have been restored by the California Secretary of State. (Reference California Government Code Section 16.5 – Note: If any phrase or portion of this policy is held invalid or unconstitutional by any courts of competent jurisdictio n, such determination shall not affect the validity of the remaining portions of this policy.)
II. Policy Implementation, Use, and Document Storage:
The conditions under which the City of Chino will accept digital signatures are hereby established by this administrative policy and include:
A. Digital Signature Appearance:
Elected Officials, the City Manager, Department Heads, and designated staff shall submit to the City Clerk’s Office an electronic signature in the same likeness as th eir original handwritten signature to be uploaded into the approved digital signature software.
B. Training and Use:
The City Clerk’s Office and the Information Technology division will oversee the implementation, training, and use of the approved digital signature software.
10.3.b
Citywide Digital Signature Policy
Packet Pg. 35
Administrative Policy
Digital Signature Policy
C. Document that may be executed using a Digital Signature:
• Contracts and Agreements
• Resolutions
• Ordinances
• Minutes
• Internal Administrative Documents
D. City Acceptance and Use of Digital Signatures:
• City staff may utilize digital signatures for any contract or agreement.
• The City will accept digital signatures as legally binding provided that: 1) the signatures are used to execute contracts, agreements, or legislative documents that are further described in Subsection C; 2) the requirements of California Government Code Section 16.5 are met; and 3) the digital signature is obtained through the accepted software identified by the City or listed under the California Secretary of State’s list of current “authorized certificate authorities.”
• The City reserves the right to conduct a transaction on paper or through a non - digital signature process and to require other parties to an agreement to do the same.
Likewise, the City may execute transactions with both non-digital and digital signatures to execute the transaction in counterpart.
• The City Manager or their designee shall determine acceptable technologies and vendors consistent with State law and industry best practices to ensure the integrity and security of the data and digital signature.
E. Storage and Archiving of Electronically Signed Documents:
Storage of electronic records and fully executed, electronically signed documents shall be stored on the City document management system and retained according to the City of Chino’s Records Retention Schedule.
III. Policy Changes and Amendments:
This Policy may be amended or modified by the City Clerk with review by the City Attorney and approved by the City Manager, from time to time, as necessary, to account for changes in legal, regulatory or operational requirements.
10.3.b
Citywide Digital Signature Policy
Packet Pg. 36
Revenue: 33081208-59500 Expenditure: 33081208-41000
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
HUMAN RESOURCES DEPARTMENT
COUNCIL MEETING DATE: APRIL 5, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ANTHONY ARROYO, DIRECTOR OF HUMAN RESOURCES/RISK
MANAGEMENT
SUBJECT: RECLASS PART-TIME CS COORDINATOR TO FULL-TIME.
RECOMMENDATION
Approve the reclassification of the part-time Community Services Coordinator position to full- time Community Services Coordinator. There are sufficient funds in FY 2021-22 Operating Budget for the increase.
FISCAL IMPACT
The reclassification of the part-time Community Services Coordinator position to full-time Community Services Coordinator will result in a net increase of $30,845 per fiscal year. The school district reimburses the City for the entire cost of this position.
10.4 CONSENT CALENDAR
Packet Pg. 37
COUNCIL MEETING DATE: APRIL 5, 2022
SUBJECT: RECLASS PART-TIME CS COORDINATOR TO FULL-TIME PAGE 2
BACKGROUND
The HOPE program has been in place since 2014. HOPE (Helping Out People Everyday) job responsibilities include overseeing the collaborative efforts of the Chino Valley Unified School District (CVUSD) and the City of Chino's Case Managemen t Programs, which includes Family Resource Centers, Parenting Classes, McKinney-Vento Homeless Program, as well as working with CVUSD to create scopes of work, budgets, and billings. Job responsibilities also include assisting with selection, training and supervision of part -time Case Managers, Community Services Specialists and Leaders and collaborating with local agencies to establish partnerships.
Historically, a part-time Coordinator has been funded through the CVUSD grant. However, due to the position being part-time, those who have been with the HOPE program have attained full- time employment with the City or elsewhere. Recently, Community Services received confirmation from the Chino Unified School District that funding is secure to provide for ful l-time employment for the remainder of this fiscal year and the next two fiscal years.
ISSUES/ANALYSIS
As previously mentioned, funding for this program has been secured with the Chino Unified School District, which will allow for the city to convert the incumbent part-time HOPE Coordinator to full-time status.
This will allow for continued operation of this program for the remainder of this fiscal year and through the 2023-24 fiscal year. Additionally, it should noted that the CVUSD will reimburse the City the entire cost of the position.
Attachment: Resolution No. 2022-023
10.4 CONSENT CALENDAR
Packet Pg. 38
RESOLUTION NO. 2022-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CERTAIN PORTIONS OF RESOLUTION NOS. 2021- 047, 2021-060, 2021-064, AND 2021-071 OF THE CITY’S CLASSIFICATION AND SALARY SCHEDULE.
WHEREAS, the City Council of the City of Chino has the autho rity to create and maintain position classifications; and
WHEREAS, greater flexibility is desired to meet changing conditions and better serve general organizational needs; and
WHEREAS, the need to add a budgeted position of Community Services Coordinator has been identified.
NOW, THEREFORE, BE IT RESOLVED that the following position changes are established:
Add:
• One (1) Full-time, Community Services Coordinator (Teamsters)
APPROVED AND ADOPTED THIS 5th day of April, 2022.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
_____________________________
ANGELA ROBLES, CITY CLERK
CITY OF CHINO
State of California )
County of San Bernardino ) ss.
City of Chino )
I, ANGELA ROBLES, City Cler k of the City of Chino, do hereby certify that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 5th day of April 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
10.4.a
Reclass Part-time CS Coordinator to Full-time
Packet Pg. 39
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: APRIL 5, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: FEDERAL ASSET FORFEITURE FUNDS - EQUIPMENT PURCHASE.
RECOMMENDATION
1) Appropriate $92,806.83 from the Asset Forfeiture / Department of Justice Fund to purchase a replacement Leica RTC 360 Scanner; 2) increase the Asset Forfeiture revenue by $92,806.83; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation of $92,806.83 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.
10.5 CONSENT CALENDAR
Packet Pg. 40
COUNCIL MEETING DATE: APRIL 5, 2022
SUBJECT: FEDERAL ASSET FORFEITURE FUNDS - EQUIPMENT PURCHASE PAGE 2
BACKGROUND
For several years, the Chino Police Department has directly participated in investigations or prosecutions that have resulted in a federal forfeiture and, therefore, an equitable share of the net proceeds of th e 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 resourc es of the Department.
ISSUES/ANALYSIS
The Chino Police Department currently utilizes a 2014 model Leica Scan Station P16 purchased approximately eight years ago. This device and related programs are no longer supported or upgraded. The typical lifespan f or a highly technical device such as the Leica scanner is approximately seven years.
The Chino Police Department Traffic Bureau has researched other departments that utilize different devices and techniques when documenting traffic collision scenes and cr ime scenes.
As standard practice, roads need to be closed for several hours while the scene and evidence are documented. The Leica RTC 360 has proven to be a valuable asset , as it takes only seconds to document billions of accurate data points. Compar ed to the P16 scanner, the RTC 360 model takes less than half the time to scan a scene. Major thoroughfares which would have needed to be closed during commuting hours are detoured for only minutes while using the Leica RTC 360.
The information gathered is t hen used to create a "point cloud" in real -time, providing a measurable model creating a "forensic digital twin" - the 3D virtual replica of the real -life scenario. This allows evidence to be gathered quickly and creates a permanent record of the scene for later use in investigations and court. The ability to return and re -examine the scene benefits evidence gathering and courtroom demonstrations.
Precision Survey Supply has offered the purchase price of $92,806.83 to provide the items mentioned above, purchase the outdated scanner for twice the resale value, waive all activation fees, and provide free software upgrades.
Items Price
Leica RTC 360 Scanner $80,856.65
Software $15,170.00
Training $9,408.00
Computer $3,499.00
Tax $7,033.18
Total $115,966.83
10.5 CONSENT CALENDAR
Packet Pg. 41
COUNCIL MEETING DATE: APRIL 5, 2022
SUBJECT: FEDERAL ASSET FORFEITURE FUNDS - EQUIPMENT PURCHASE PAGE 3
Less: Sale of Leica Scan Station (old scanner) ($16,500.00) Discount Software Upgrades ($6,660.00)
Grand Total: $92,806.83
Staff also explored the option for a four-year lease for the scanner. Upon further evaluation of this option, it has been determined that the total cost will be $96,640, which is higher than the purchase price.
Based on the cost comparison for purchase or lease, the Chino Police Department is requesting $92,806.83 to be allocated to purchase a Leica RTC 360 Laser S canner, supporting hardware, software, and training.
Precision Survey Supply is the sole distributor of the Leica Geosystems Forensic RTC360 Scan Station specifically configured for the Chino Police Department in the United States. Attached is a copy of the sole source letter from the manufacturer for reference.
Attachment: Equipment Quote
Leica Sole Source Letter
10.5 CONSENT CALENDAR
Packet Pg. 42
10.5.a
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 43
10.5.a
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 44
10.5.a
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 45
10.5.a
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 46
Leica Geosystems Inc.
5051 Peachtree Corners Circle, Suite 250
Norcross, GA 30092
http://psg.leica-geosystems.us/
Federal Tax ID 161516976
Monday, January 24, 2022
Re: Sole Source Letter for Leica Public Safety Group
Chino Police Department
Please accept this statement confirming Precision Survey Supply is an authorized Leica geosystems public safety distributor for the state of California. PSS is the only distributor that offers ACTAR training as well as certified MAP360 training Leica laser scanner systems is the only 3D laser scanning systems available which works, day or night, long range, and eye safe. Defeats “The CSI effect”. Preserving the scene exactly the way it was discovered. Enables prosecutors to place the jury into the scene.
Leica Geosystems operates a Segment base distribution model for the US. Our network of distributors is based on the company’s background and expertise. Leica represents and warrants that the Distributor, under this Agreement will be performed in a professional manner with reasonable skill, care and diligence, all in accordance with prudent Forensic practices. PSS has historically offered additional unique aspects in relation to Leica equipment:
• PSS provides 24-hour, lifetime operational support for all products they sell • PSS provides a unique training program that encompasses not only equipment use, but also aspects of crime and crash scene reconstruction.
Please contact PSS for information regarding these sole source aspects of their company’s offerings.
Dietrich Evans
Public Safety Group Regional Manager – West
Leica Geosystems, Inc.
Direct: 925 719 0667 | Fax: 925 790 2455
10.5.b
Federal Asset Forfeiture – Equipment Purchase
Packet Pg. 47
Revenue: Expenditure: 3207100-48005-TR181 & 3227190-48005-TR181
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: APRIL 5, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: NOTICE OF COMPLETION - CONSTRUCTION OF TRAFFIC SIGNAL BATTERY BACK-UP INSTALLATION.
RECOMMENDATION
1) Accept the construction of Traffic Signal Battery Back -Up Installation Project (TR181) as complete; 2) release the retention funds following the 35 -day lien period; and 3) authorize the Director of Public Works to file the Notice of Completion.
FISCAL IMPACT
No direct fiscal impact. The project was completed within the established budget.
10.6 CONSENT CALENDAR
Packet Pg. 48
COUNCIL MEETING DATE: APRIL 5, 2022
SUBJECT: NOTICE OF COMPLETION - CONSTRUCTION OF TRAFFIC SIGNAL BATTERY
BACK-UP INSTALLATION
PAGE 2
BACKGROUND
On October 15, 2019, City Council awarded a construction contract (Contract No. 2020 -152) to Elecnor Belco Electric, Inc., Chino, CA in the amount of $234,000 for the Traffic Signal Battery Backup. Additionally, the City Council authorized expenditures of up to $23,400 for project contingencies, $24,000 for Southern California Edison service relocation costs, and $22,000 for construction management costs; bringing the construction contract budget to an amount not -to- exceed $303,400. All improvements within the project scope have been constructed per the contract terms.
The project included the installation of traf fic signal battery back -up systems and electrical service pedestal upgrades at seven locations.
ISSUES/ANALYSIS
All work has been completed per the terms of the contract. The following is a summary of the final accounting of construction costs for the project:
Original Construction Contract Amount $234,000
Change Orders (Net) $0
Final Construction Contract Amount $234,000
Construction Contingency Balance $23,400
Elecnor Belco Electric, Inc., Chino, CA has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder's Office. The retention funds will be released following the 35-day lien period.
Attachment: Exhibit "A" - TR181 Vicinity Map
Notice of Completion
10.6 CONSENT CALENDAR
Packet Pg. 49
RECORDING REQUESTED BY
City of Chino
Public Works Department
P.O. Box 667
Chino, CA 91708
AND WHEN RECORDED MAIL TO
City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE OF COMPLETION
CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Chino
3. The full address of the undersigned is 13220 Central Avenue, Chino, CA 91710
4. The nature of the title of the undersigned is: In fee/ City Right of Way (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:
Names Addresses
N/A
N/A
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Names Addresses
N/A
N/A
(If no transfer made, insert “none”)
7. A work of improvement on the property hereinafter described was completed on April 5, 2022
8. The name of the contractor, if any, for such work of improvement was:
Elecnor Belco Electric, Inc.
(If no contractor for work of improvement as a whole, insert “none”)
9. The property on which said work of improvement was completed is in the City of Chino, County of San Bernardino, State of California, and is described as follows:
Traffic Signal Battery Backup Installation and Service Upgrade Project No: TR-181
10. The street address of said property is None
(If no street address has been officially assigned, insert “none”)
SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: April 5, 2022 Amer Jakher, Director of Public Works
CERTIFICATION FOR NOTICE OF COMPLETION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss
CITY OF CHINO )
I HEREBY CERTIFY that I am the Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.
I declare under penalty of perjury, that the foregoing is true and correct. Executed on April 5, 2022 , at City of Chino, California
Amer Jakher
Director of Public Works
10.6.a
Notice of Completion: TR181 - Construction of Traffic
Packet Pg. 50
EXHIBIT “A”
TR181 VICINITY MAP
1 2
3 4
5 6
7 1 2
3 4
5 6
7 Riverside Drive at Magnolia Avenue
Riverside Drive at Mountain Avenue
Schaefer Avenue at Monte Vista Avenue
Benson Avenue at Park Place
Ramona Avenue at Walnut Avenue
Central Avenue at Washington Avenue
Schaefer Avenue at Pipeline Avenue
10.6.b
Notice of Completion: TR181 - Construction of Traffic
Packet Pg. 51
Revenue: 1001000 51200 Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: APRIL 5, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: DECLARATION OF INTENTION TO ESTABLISH IMPROVEMENT AREA 10 IN COMMUNITY FACILITIES DISTRICT 2003 -3 AND INCUR BONDED
INDEBTEDNESS FOR THE IMPROVEMENT AREA.
RECOMMENDATION
1) Adopt Resolution No. 2022-024, declaring the City of Chino’s intention to establish Improvement Area No. 10 in Community Facilities District No. 200 3-3; 2) adopt Resolution No. 2022-025, declaring the City of Chino’s Intention to Incur Bonded Indebtedness for the proposed Improvement Area 10 of the Community Facilities District No. 2003 -3; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
The City will receive City Services Tax revenue of approximately $215,000 per year upon build out of Improvement Area 10. This revenue is intended to offset the cost of providing City services to the homes within CFD 2003-3.
10.7 CONSENT CALENDAR
Packet Pg. 52
COUNCIL MEETING DATE: APRIL 5, 2022
SUBJECT: DECLARATION OF INTENTION TO ESTABLISH IMPROVEMENT AREA 10 IN COMMUNITY FACILITIES DISTRICT 2003-3 AND INCUR BONDED INDEBTEDNESS FOR
THE IMPROVEMENT AREA
PAGE 2
BACKGROUND
Lewis Operating Corporation (Lewis) is the primary land developer in The Preserve. Lewis is currently developing their land with residential, commercial , and community facilities. As part of the development of The Preserve, the C ity of Chino is requiring Lewis to build the necessary public infrastructure to serve the residents and businesses of the new project area. In order to help Lewis finance the cost of the required infrastructure improvements, the City has formed Community Facilities District (CFD) No. 2003-03.
CFD No. 2003-03 was formed in 2004 and was designed to utilize Improvement Areas to issue bonds as The Preserve developed over time to finance certain public facilities, and to pay for necessary ongoing municipal ser vices authorized by the Mello -Roos Act and the formation documents with respect to CFD No. 2003 -3. To date, nine Improvement Areas have been established. The public improvements for the Lewis project have consisted of backbone infrastructure such as sewer, water and gas lines, storm drain connections, streets, curb and gutters, streetlight and traffic signal improvements, landscaped medians, fire station, joint use community center and other required facilities. Authorized municipal services payable from th e improvement areas include maintenance of parks, parkways, and open space; flood and storm protection; operation of storm drainage systems; and public safety services.
Lewis has approached the City and wishes to establish Improvement Area 10 within CFD No . 2003-03. See attached Improvement Area 10 map.
ISSUES/ANALYSIS
Current Government Code provisions require the City to adopt a Resolution of Intention to establish the Improvement Area, and to declare its intention to incur bonded indebtedness for the proposed Improvement Area. The City must also set a public hearing date for no less than 30 days, and no more than 60 days after the date the Resolution of Intention is approved. Prior to the public hearing, a public notice must be published in a local paper. After the public hearing has been held, an election is held for the affected property owners to cast their ballots. The ballots are then counted, and if the Improvement Area is approved by the property owner(s), the City adopts a resolution determining the formation of the Improvement Area.
On May 17, 2022, a public hearing will be scheduled to establish Improvement Area 10 and the levy of a special tax therein. The levy of the proposed special tax shall be subject to approval of the qualified electors of the CFD at a special election. The proposed vot ing procedure shall be by mail or hand delivered ballots to the landowners in the proposed Improvement Area 10.
Pursuant to Section 53314.9 of the Mello -Roos Community Facilities Act of 1982, the Cit y proposes to authorize bonded indebtedness for financing the acquisition and/or construction of certain public improvements and City development impact fees not to exceed the aggregate principal amount of $35,000,000.
10.7 CONSENT CALENDAR
Packet Pg. 53
COUNCIL MEETING DATE: APRIL 5, 2022
SUBJECT: DECLARATION OF INTENTION TO ESTABLISH IMPROVEMENT AREA 10 IN COMMUNITY FACILITIES DISTRICT 2003-3 AND INCUR BONDED INDEBTEDNESS FOR
THE IMPROVEMENT AREA
PAGE 3
The CFD bonds are payable from and s ecured by special taxes, which are levied upon each individual property within Improvement Area 10. The General Fund of the City of Chino is not obligated to pay debt service on the bonds.
Attachments: Resolution No. 2022-024 (Exhibits A, B, C) Resolution No. 2022-025
Improvement Area 10 Boundary Map
RB:hm
10.7 CONSENT CALENDAR
Packet Pg. 54
S A N B E R N A R D I N O C O U N T Y R E C O R D E R S C E R T I F I C A T E
THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER
_________________ THIS _____ DAY OF _________________,
20____, AT ____ __ M., IN BOOK ____ OF ________________ AT PAGE ____, AT THE REQUEST OF CITY OF CHINO IN
THE AMOUNT OF $____________.
BOB DUTTON
ASSESSOR-RECORDER-COUNTY CLERK
COUNTY OF SAN BERNARDINO
BY: __________________________________
DEPUTY RECORDER
SHEET 1 OF 1 SHEET
W.O. M20218095
THIS MAP CORRECTLY SHOWS THE LOT OR PARCEL OF
LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY
FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES
AND DIMENSIONS OF LOTS OR PARCELS REFER TO THE SAN
BERNADINO COUNTY ASSESSOR'S MAPS FOR FISCAL YEAR 2021-2022.
PROPOSED BOUNDARY MAP
ZONE 3
ZONE 1
ZONE 2
ZONE 4
·|}þ83
EUCLID
BICKMORE
CHINO-CORONA
SULTANA
HELLM
AN
GROVE
M
ILL CREEK
SAN ANTONIO
BON VIEW
PINE
EUCLID
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE
PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT
NO. 2003-3, IMPROVEMENT AREA 10 OF THE CITY OF CHINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF CHINO AT
A REGULAR MEETING THEREOF, HELD ON THE ____ DAY OF
_____________,20___, BY IT'S RESOLUTION
NO._________________.
_____________________________________________
CITY CLERK, CITY OF CHINO
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF
CHINO THIS ___ DAY OF ______________, 20___.
BY: _______________________________
CITY CLERK, CITY OF CHINO
³
COMMUNITY FACILITIES DISTRICT NO. 2003-3
IMPROVEMENT AREA 10
CITY OF CHINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
VICINITY MAP
NOT TO SCALE 0 1,000 2,000 3,000 4,000
Feet
M:\GIS-Assessment\Chino\CFD_2003-3_IA_10_Boundary_v3.mxd LEGEND
PROPOSED IMPROVEMENT AREA BOUNDARY
PARCEL BOUNDARY
ASSESSOR'S PARCEL NUMBER (APN)XXXX-XXX-XX-XXXX
HOLLAND PARK ST
RINCON MEADOWS AVE
BICKMORE AVE
MERIDIAN ST
BOTANY ST
ZONE 2
ZONE 1
ZONE 3
ZONE 4
ZONE 1 APNs
1057-041-13-0000
1057-061-12-0000
ZONE 2 APNs
1057-011-08-0000
1057-021-08-0000
ZONE 3 APNs
1057-391-31-0000
1057-391-32-0000
1057-391-41-0000
1057-391-43-0000
1057-391-44-0000
1057-391-45-0000
ZONE 4 APNs
1057-391-33-0000
1057-391-34-0000
1057-391-40-0000
1057-391-42-0000
EAST PRESERVE
HELLMAN
LEGACY PARK
PINE
10.7.a
Formation of CFD 2003-3 IA10
Packet Pg. 55
1 RESOLUTION NO. 2022-024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, DECLARING ITS INT ENTION TO ESTABLISH
IMPROVEMENT AREA NO. 10 OF COMMUNITY FACILITIES
DISTRICT NO. 2003-3, TO AUTHORIZE THE LEVY OF A SPECIAL
TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING
CERTAIN PUBLIC FACILITIES, PROVIDE CERTAIN SERVICES
AND PAYING FOR CERTAIN INCIDENTAL EXPENSES AND TO
PAY DEBT SERVICE ON BONDED INDEBTEDNESS
WHEREAS, on July 20, 2004, the City Council of the City of Chino (the “C ity Council”) adopted Resolution No. 2004-055 (the “Resolution of Formation”) to form Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amende d, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and the Community Facilities District has been established for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain public facilities and services which are necessary to meet increased demands placed upon the City of Chino (the “City”) as a result of the development of said real property; and
WHEREAS, the City has received petitions from at least 10% of the owners of the territory described in Exhibit A attached hereto (the “Property”), requesting to establish Improvement Area No. 10 of the Community Facilities District (the “Improvement Area”) to finance (1) the purchase, construction, expansion, improvement or rehabilitation of the public facilities described in Exhibit B hereto (which attachment is incorporated herein by this reference), including all furnishings, equipment and supplies related thereto (collectively, the “Facilities”), which Facilities have a useful life of five years or longer, (2) the services described in Exhibit B hereto (collectively the “Services”) and (3) the incidental expenses to be incurred in connection with financing the Facilities and/or Services, and forming the Improvement Area and administering the Community Facilities District (the “Incidental Expenses”); and
WHEREAS, the City Council of the City (the “City Council”), acting as the legislative body of the Community Facilities District, further intends to approve an estimate of the costs of the Facilities, Services and the Incidental Expenses for the Improvement Area; and WHEREAS, it is the intention of the City Council to consider financing the Facilities, Services and the Incidental Expenses through the annexation of a portion of the Property to the Community Facilities District and the formation of the Improvement Area, and the sale of bonds (excluding the Services) in an amount not to exceed $35,000,000 (the “Obligations”) and the levy of a special tax to pay debt service on the Obligations, provided that the bond sale and special tax levy are approved at elections to be held for the Improvement Area; and
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:
Section 1. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 of the Act for the establishment of Improvement Area No. 10 of the Community Facilities District with boundaries coterminous with the Property. It is further proposed that the boundaries of the Improvement Area shall be the legal boundaries as described in Exhibit A hereto which boundaries shall, upon recordation of the boundary map for the Improvement Area
10.7.b
Formation of CFD 2003-3 IA10
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2 of the Community Facilities District, include the entirety of any parcel subject to taxation by Community Facilities District within the Improvement Area , except where indicated on the boundary map, and as depicted on the boundary map of the Improvement Area of the Community Facilities District which is on file with the City Clerk. The City Clerk is hereby directed to sign the original boundary map of the Improvement Area of the Community Facilities District and record it with all proper endorsements thereon with the County Recorder of the County of San Bernardino within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California.
Section 2. Name of the Community Facilities District . The name of the existing Community Facilities District is “Community Facilities District No. 2003-3 of the City of Chino, County of San Bernardino, State of California,” and the name of the proposed Improvement Area shall be “Improvement Area No. 10 of Community Facilities Distri ct No. 2003 -3 of the City of Chino, County of San Bernardino, State of California.”
Section 3. Types of Facilities and Services to be Financed by the Improvement Area .
The Facilities proposed to be provided within the Improvement Area are public facilities as defined in the Act. The City Council hereby finds and determines that the description of the Facilities, Services and Incidental Expenses herein is sufficiently informative to allow taxpayers within the Improvement Area to understand what the funds of the Improvement Area may be used to finance, the Facilities, Services and Incidental Expenses expected to be incurred, including the cost of planning and designing the Facilities, the costs of annexing the Property to the Community Facilities District and forming t he Improvement Area, issuing bonds, levying and collecting a special tax within the Improvement Area and the annual administration costs of the Improvement Area. The City Council hereby finds that the proposed Facilities and Services are necessary to meet increased demands placed upon the City as a result of development occurring in the Improvement Area. The Facilities may be acquired from one or more of the property owners as completed public facilities or may be constructed by or on behalf of the City and paid for with bond proceeds. Any portion of the Facilities may be financed through a lease or lease -purchase arrangement if the City hereafter determines that such arrangement is of benefit to the City.
Section 4. Special Taxes. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a special tax, secured by a continuing lien against all non-exempt real property in the Improvement Area, sufficient to pay for the F acilities, Services and Incidental Expenses and the principal and interest and other periodic costs on bonds or other indebtedness issued to finance the Facilities and Incidental Expenses, including the establishment and replenishment of any reserve funds deemed necessary by the City, and any remarketing, credit enhancement and liquidity facility fees (including such fees for instruments which serve as the basis of a reserve fund in lieu of cash) attributable to the Improvement Area. The rate and method of apportionment and manner of collection of the special tax in the Improvement Area is described in detail in Exhibit C attached hereto (which attachment is incorporated herein by this reference). Exhibit C allows each landowner within the Improvement Area to estimate the maximum amount that may be levied against each parcel.
If special taxes of the Improvement Area are levied against any parcel used for private residential purposes, (i) the maximum special tax rate shall not be increased except to the extent permitted in the rate and method, (ii) such tax shall not be levied later than the 2059-60 Fiscal Year and (iii) under no circumstances shall such special tax in the Improvement Area be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Improvement Area by more than ten percent (10%).
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3 The special tax is based on the expected demand that each parcel of real property within the Improvement Area will place on the Facilities and Services and on the benefit that each parcel derives from the services to be provided by the Facilities. The City Council hereby determines the rate and method of apportionment of the special tax set forth in Exhibit C to be reasonable.
The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act; and such special tax is not on or based upon the value or ownership of real property.
In the event that a portion of the property within the Improvement Area shall become for any reason exempt, wholly or partially, from the levy of the special tax specified in Exhibit C, the City Council shall, on behalf of the Community Facilities District, cause the levy to be increased, subject to the limitation of the maximum special tax for a parcel as set forth in Exhibit C, to the extent necessary upon the remaining property within the Improvement Area which is not exempt in order to yield the special tax revenues required for the purposes described in this Section. The obligation to pay spe cial taxes may be prepaid as provided in the rate and method of apportionment set forth in Exhibit C, as such rate and method may be amended hereafter.
Section 5. Public Hearing. A combined public hearing (the “Hearing”) on the annexation of the Property to the Community Facilities District, the establishment of the Improvement Area, the proposed rate and method of apportionment of the special tax and the proposed issuance of bonds to finance the Facilities and the Incidental Expenses shall be held at 7 p.m., or as s oon thereafter as practicable, on May 17, 2022 , at the City Council’s Chambers, 13220 Central Avenue, Chino, California. If the City Council determines to form the Improvement Area, a special election will be held to authorize the issuance of the bonds an d the levy of the special tax in accordance with the procedures contained in Government Code Section 53326. If such election is held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the Improvement Area at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the Improvement Area. Ballots for the special election may be distributed by mail or by personal service.
At the time and place set forth above for the Hearing, the City Council will receive testimony as to whether the Improvement Area shall be established and whether special taxes shall be levied in accordance with the proposed method of apportionment of the special tax, and whether Obligations shall be issued to finance Facilities and Incidental Expenses of the Improvement Area.
At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the Improvement Area, may appear and be heard.
Section 6. Notice. The City Clerk is hereby authorized and directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the Improvement Area. The City Clerk is further authorized and directed to mail a copy of the Notice to each of the landowners within the boundaries of the Improvement Area at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the Improvement Area and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.
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4 Section 7. Reports re Facilities and Services . Each Ci ty officer who is or will be responsible for providing the Facilities and Services within the Improvement Area, if it is established, is hereby directed to study the Improvement Area and, at or before the time of the Hearing, file a report with the City Council containing a brief description of the public facilities and services by type which will in his or her opinion be required to meet adequately the needs of the Improvement Area and an estimate of the cost of providing those public facilities and services.
Section 8. Advance of Funds. The City may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred by the Cit y in creating the Improvement Area. The City may enter into an agreement with the person or entity advancing the funds or work -in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest.
Section 9. Maximum Bonded Indebtedness . The reasonably expected maximum principal amount of the Obligations is Thirty-Five Million Dollars ($35,000,000).
Section 10. Reservation of Rights. Except to the extent limited in any bond resolution or trust indenture related to the issuance of bonds, the City Council hereby reserves to itself all rights and powers set forth in Section 53344.1 of the Act (relating to tenders in full or partial payment).
Section 11. This Resolution shall be effective upon its adoption.
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5 PASSED AND ADOPTED by the City Council at a regular meeting held on the 5th day of April 2022.
CITY COUNCIL OF THE CITY OF CHINO
By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Angela Robles
City Clerk of the City of Chino
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6 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 5th day of April 2022, by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ANGELA ROBLES, CITY CLERK
Attachments: Exhibit A, B and C
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EXHIBIT A
DESCRIPTION OF THE PROPOSED IMPROVEMENT AREA
The property in the City of Chino, County of San Bernardino, California, identified by the San Bernardino County Assessor as Assessor’s Parcel Nos.:
1057-061-12-0000
1057-041-13-0000
1057-021-08-0000
1057-011-08-0000
1057-391-31-0000
1057-391-32-0000
1057-391-33-0000
1057-391-34-0000
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EXHIBIT B
DESCRIPTION OF PUBLIC FACILITIES AND SERVICES
TYPES OF PUBLIC FACILITIES
The types of Facilities that are proposed by CF D No. 2003 -3 and financed with the proceeds of special taxes and bonds issued by CFD No. 2003 -3 consist of backbone infrastructure needed for new development, such as roadway, bridge, sewer, water, reclaimed water, dry utilities, storm drain, street and parkway landscaping, curb and gutter, medians, median landscaping, traffic signals, entry signage, parks, trails, fire facilities, library facilities and public community facilities, and appurtenances and appurtenant work, and development impact fees that are used by the City to construct infrastructure.
The facilities are necessary for development of the property within the boundaries of the district and are generally intended to comply with the requirements of The Preserve Specific Plan, dated March 2003, as it may be amended.
The amount of bond proceeds disbursed with respect to dry utilities and the City’s 12% administrative fee relating to Public Facilities shall be approved by the City and shall not exceed the limitations established by federal and state law applicable to tax-exempt municipal bonds.
The description of Public Facilities is general in nature. The final nature and location of the Public Facilities will be determined upon preparation of final plans and specifications.
TYPES OF SERVICES
The types of Services that are proposed to be provided by CFD No. 2003 -3 and funded with the proceeds of special taxes levied by CFD No. 2003-3 consist of services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, ma intenance of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2003-3.
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EXHIBIT C
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-3
OF THE CITY OF CHINO
(IMPROVEMENT AREA NO. 10)
The following sets forth the Rate and Met hod of Apportionment for the levy and collection of Annual Special Tax A and Annual Special Tax B in Improvement Area No. 10 of the City of Chino (“City”) Community Facilities District No. 2003 -3 (“CFD No. 2003-3”). An Annual Special Tax A and Annual Special Tax B shall be levied on and collected in Improvement Area No. 10 of CFD No. 2003-3 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within Improvement Area No. 10, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
SECTION A
DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acquisition Agreement” means the Acquisition Agreement dated as of May 18, 2004 by and between the City and Chino Development Corporation, et al, as it may be amended. “Acre” or “Acreage” means the land area of an Assessor's Parcel as shown on an Assessor 's Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer.
“Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means any ordinary and necessary expenses allocable to the Special Tax A Requirement and to the Special Tax B Requirement which are incurred by the City on behalf of Improvement Area No. 10 related to the determination of the amount of the levy of Special Tax A and Special Tax B, the collection of Special Tax A and Special Tax B including the expenses of collecting delinquencies, the administration of Bonds, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of Improvement Area No. 10, and costs otherwise incu rred in order to carry out the authorized purposes of CFD No. 2003-3 relating to Improvement Area No. 10. “Administrator” means an official of the City, or designee thereof, responsible for, among other things, determining the annual amount of the levy and collection of the Special Tax A and Special Tax B.
“Agricultural Buffer Property” means all Assessor’s Parcels which have a restriction on development due to their location being within 100 feet of existing animal use pursuant to the “DEVELOPMENT PLAN, Ge neral Development Standards, Right -to-Farm, Development Standards” section of the Preserve Specific Plan approved on March 25, 2003.
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“Annual Special Tax A” means for each Assessor’s Parcel, the Special Tax A actually levied in a given Fiscal Year on any Assessor’s Parcel.
“Annual Special Tax B” means for each Assessor’s Parcel, the Special Tax B actually levied in a given Fiscal Year on any Assessor’s Parcel.
“Approved Property” means all Assessor’s Parcels of Taxable Property other than Provisional Undeveloped Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) that have not been issued a building permit on or before March 1st preceding the Fiscal Year in which the Special Tax A is being levied.
“Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number within the boundaries of Improvement Area No. 10. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that number assigned to a lot or parcel of land by the County Assessor for purposes of identification.
“Assigned Annual Special Tax A” means the Special Tax A of that name described in Section D below.
“Backup Annual Special Tax A” means the Special Tax A of that name described in Section E below.
“Bonds” means those bonds issued by or on behalf of CFD No. 2003 -3 Improvement Area No. 10, or any refunding thereof, to which Special Tax A within Improvement Area No. 10 has been pledged.
“Boundary Map” means a recorded map of the CFD No. 2003-3 which indicates the boundaries of Improvement Area No. 10 of CFD No. 2003-3.
“Building Square Footage” or “BSF” means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor’s Parcel and subject to verification by City Staff.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD No. 2003 -3” means Community Facilities District No. 2003 -3 Improvement Area No. 10 established by the City under the Act.
“City” means the City of Chino, or its designee.
“City Council” means the City Council of the City of Chino, acting as the legislative body of CFD No. 2003-3, or its designee.
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"Consumer Price Index" or “CPI” means the index published monthly by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Riverside -San Bernardino- Ontario area. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property other than Provisional Undeveloped Property that: (i) are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) a building permit was issued on or before March 1st preceding the Fiscal Year in which the Spec ial Tax A or Special Tax B is being levied.
“Exempt Property” means all Assessor’s Parcels designated as being exempt from both Special Tax A and Special Tax B as provided for in Section L.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period commencing July 1 of any year and ending the following June
30. “Improvement Area No. 10” means Improvement Area No. 10 of CFD No. 2003-3, as identified on the boundary map for CFD No. 2003-3 Improvement Area No. 10. “Land Use Type” means Residential Property, Multifamily Residential Property, or Non - Residential Property.
“Maximum Special Tax A” means for each Assessor’s Parcel of Taxable Property, the maximum Special Tax A, determined in accordance with Section C that can be levied in any Fiscal Year on such Assessor’s Parcel.
“Maximum Special Tax B” means for each Assessor’s Parcel of Developed Property, the maximum amount of Special Tax B, determined in accorda nce with Section I that can be levied in any Fiscal Year on such Assessor’s Parcel.
“Multifamily Residential Property” means all Parcels of Developed Property for which a building permit has been issued for the purpose of constructing a building or buildings comprised of attached Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the Administrator.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property fo r which a building permit was issued for any type of non-residential use. “Partial Prepayment Amount” means the amount required to prepay a portion of the Special Tax A obligation for an Assessor’s Parcel, as described in Section H.
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“Prepayment Amount” means the amount required to prepay the Special Tax A obligation in full for an Assessor’s Parcel, as described in Section G.
“Proportionately” means for Special Tax A that the ratio of the Annual Special Tax A levy to the applicable Assigned Annual Special Tax A is equal for all applicable Assessor’s Parcels. In the case of Special Tax B, means that the ratio of the Annual Special Tax B levy to the applicable Maximum Special Tax B is equal for all applicable Assessor’s Parcels. In case of Developed Property subject to the apportionment of the Annual Special Tax A under Step Four of Section F, “Proportionately” means that the quotient of (a) Annual Special Tax A less the Assigned Annual Special Tax A divided by (b) the Backup Annual Special Tax A less the Assigned Annual Special Tax A, is equal for all applicable Assessor’s Parcels.
“Provisional Undeveloped Property” means all Assessor’s Parcels of Taxable Property subject to Special Tax A that would otherwise be classified as Exempt Property pursuant to the provisions of Section L, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property within the applicable Zone below the required minimum Acreage set forth in Section L.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units, which is not Multifamily Residential Property.
“Services” means services permitted under the Act including, without limitation, maintenance of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2003-3. “Special Tax A” means any of the special taxes authorized to be levied on Taxable Property within Improvement Area No. 10 by CFD No. 2003-3 pursuant to the Act to fund the Special Tax A Requirement.
“Special Tax B” means the sp ecial tax authorized to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax B Requirement. “Special Tax A Requirement” means, subject to the Maximum Special Tax A, the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses (apportioned between Special Tax A and Special Tax B), (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, and (v) the collection or accumulation of funds for the acquisition or construction of facilities or paym ent of fees authorized by CFD No. 2003 -3 by the levy on Developed Property of the Assigned Annual Special Tax A, as required by the Acquisition Agreement provided that the inclusion of such amount does not cause an increase in the levy of Special Tax A on Approved Property or Undeveloped Property as set forth in Step Two and Three of Section F, less (vi) any amount available to pay debt service or other periodic costs on the Bonds pursuant to any applicable fiscal agent agreement, or trust agreement. “Special Tax B Requirement” means, subject to the Maximum Special Tax B, that amount to be collected in any Fiscal Year to pay for certain services as required to meet the needs of CFD No. 2003-3 in both the current Fiscal Year and the next Fiscal Year. The costs of services to be covered shall be the direct costs for (i) Services, and (ii) Administrative Expenses (apportioned
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between Special Tax A and Special Tax B); less (iii) a credit for funds available to reduce the Annual Special Tax B levy, if any, as determined by the Administrator. Under no circumstances shall the Special Tax B Requirement include funds for Bonds. “Taxable Property” means all Assessor’s Parcels within Improvement Area No. 10, which are not Exempt Property.
“Undeveloped Property” means a ll Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property or Provisional Undeveloped Property. “Unit” means any residential structure.
“Zone(s)” means Zone 1, Zone 2, Zone 3 or Zone 4 as geographically identified on the Boundary Map of CFD NO. 2003-3 Improvement Area No. 10.
“Zone 1” means the specific area identified on the Boundary Map as Zone 1 of Improvement Area No. 10, consisting of Lots 6 and 7 of Tract 20161. “Zone 2” means the specific area identified on the B oundary Map as Zone 2 of Improvement Area No. 10, consisting of Lot 1 of Tract 20161.
“Zone 3” means the specific area identified on the Boundary Map as Zone 3 of Improvement Area No. 10, consisting of Lots 6 and 7 of Tract 20164. “Zone 4” means the speci fic area identified on the Boundary Map as Zone 4 of Improvement Area No 10, consisting of Lots 8 and 9 of Tract 20164.
SECTION B
CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2022 -23, each Assessor’s Parcel within Improvement Area No. 10 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be classified as being within Zone 1, Zone 2, Zone 3, or Zone 4. If an Assessor’s Parcel of Approved Property, Undeveloped Property, or Provisional Undeveloped Property is located within more than one Zone, it shall be deemed to be entirely within the Zone in which the largest portion of its Acreage is located. In addition, each Assessor’s Parcel of Developed Property shall further be classified as Residential Property, Multifamily Residential Property, or Non-Residential Property.
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SECTION C
MAXIMUM SPECIAL TAX A
1. Developed Property
The Maximum Special Tax A for each Assessor’s Parcel of Residential Property, Multifamily Residential Property, or Non-Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax A or (ii) the Backup Annual Special Tax A.
2. Approved Property, Undeveloped Property, and Provisional Undeveloped Property The Maximum Special Tax A for each Assessor’s Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the Assigned Annual Special Tax A.
SECTION D
ASSIGNED ANNUAL SPECIAL TAX A
1. Developed Property
Each Fiscal Year, each Assessor’s Parcel of Residential Property, Multifamily Residential Property, or Non-Residential Property shall be subject to an Assigned Annual Special Tax A.
The Assigned Annual Special Tax A applicable to an Assessor's Parcel of Developed Property shall be determined using the Tables below.
TABLE 1
ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 1
Land Use Type Building Square
Footage Rate
Residential Property Less than 1,900 $4,850 per Unit
Residential Property 1,900 – 2,050 $4,930 per Unit
Residential Property Greater than 2,050 $5,010 per Unit Multifamily Residential Property N/A $105,561 per Acre
Non-Residential Property N/A $105,561 per Acre
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TABLE 2
ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 2
Land Use Type Building Square Footage Rate
Residential Property Less than 1,850 $6,100 per Unit
Residential Property 1,850 – 2,000 $6,215 per Unit
Residential Property 2,001 – 2,150 $6,330 per Unit
Residential Property 2,151 – 2,300 $6,445 per Unit
Residential Property 2,301 – 2,450 $6,560 per Unit
Residential Property Greater than 2,450 $6,675 per Unit Multifamily Residential Property N/A $89,328 per Acre
Non-Residential Property N/A $89,328 per Acre
TABLE 3
ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 3
Land Use Type Building Square Footage Rate
Residential Property Less than 1,850 $5,795 per Unit
Residential Property 1,850 – 2,000 $5,925 per Unit
Residential Property 2,001 – 2,150 $6,055 per Unit
Residential Property 2,151 – 2,300 $6,185 per Unit
Residential Property 2,301 – 2,450 $6,315 per Unit
Residential Property Greater than 2,450 $6,445 per Unit Multifamily Residential Property N/A $129,380 per Acre
Non-Residential Property N/A $129,380 per Acre
TABLE 4
ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 4
Land Use Type Building Square Footage Rate
Residential Property Less than 1,900 $6,035 per Unit
Residential Property 2,900 – 2,100 $6,170 per Unit
Residential Property Greater than 2,100 $6,305 per Unit Multifamily Residential Property N/A $132,654 per Acre
Non-Residential Property N/A $132,654 per Acre
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2. Approved Property, Undeveloped Property, and Provisional Undeveloped Property Each Fiscal Year, each Assessor’s Parcel of Approved Property, Undeveloped Property, and Provisional Undeveloped Property shall be subject to an Assigned Annual Special Tax A. The Assigned Annual Special Tax A rate for an Assessor’s Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property shall be determined pursuant to Table 5 below:
TABLE 5
ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR APPROVED PROPERTY, UNDEVELOPED PROPERTY,
AND PROVISIONAL UNDEVELOPED PROPERTY
Zone Rate
Zone 1 $105,561 per Acre
Zone 2 $89,328 per Acre
Zone 3 $129,380 per Acre
Zone 4 $132,654 per Acre
If an Assessor’s Parcel of Approved Property or Undeveloped Property includes an area that would be classified as Agricultural Buffer Property the Acreage of the Assessor’s Parcel for purposes of levying the Assigned Annual Special Tax A shall exclude the Acreage of the area that would be classified as Agricultural Buffer Property.
SECTION E
BACKUP ANNUAL SPECIAL TAX A
For each Zone, at the time a Final Map is recorded, the City shall determine which Zone the Final Map area lies within and the Backup Annual Special Tax A for all Assessor’s Parcels classified or reasonably expected to be classified as Residential Property within such Final Map area shall be determined by multiplying the M aximum Special Tax A rate for Undeveloped Property for the applicable Zone by the total Acreage of Taxable Property, excluding the Provisional Undeveloped Property Acreage area, or Multifamily Residential Property and/or Non -Residential Property Acreage area if any, in such Final Map area and any Acreage reasonably expected to be classified as Exempt Property, and dividing such amount by the total number of such Assessor’s Parcels of Residential Property. In no circumstance shall the total Acreage of Taxable Property in each Zone be less than the acreage set forth in Table 5.
If the Final Map area described in the preceding paragraph lies within more than one Zone, the Backup Special Tax for Parcels of Residential Property or Parcels expected to be classifi ed as Residential Property shall be determined by multiplying the Maximum Special Tax A rate for Undeveloped Property for the applicable Zone in which the majority of each Assessor Parcel lies by the total Acreage of each Assessor Parcel.
The Backup Annua l Special Tax A for Multifamily Residential Property shall be its Annual Assigned Special Tax A Rate.
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Notwithstanding the foregoing, if Assessor’s Parcels which are classified or to be classified as Residential Property or Multifamily Residential Property are subsequently changed by recordation of a lot line adjustment, Final Map amendment, new Final Map or similar instrument, then the Backup Annual Special Tax A shall be recalculated within the area that has been changed to equal the amount of Backup Annual Special Tax A that would have been generated if such change did not take place.
SECTION F
METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX A
Commencing Fiscal Year 2022 -23 and for each subsequent Fiscal Year, the City Council shall levy Annual Special Tax A in accordance with the following steps:
Step One: The Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Annual Special Tax A rates in Table 1, Table 2, Table 3 and Table 4 to satisfy the Special Tax A Requirement.
Step Two: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the applicable Assigned Annual Special Tax A to satisfy the Special Tax A Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have b een completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Assigned Annual Special Tax A for Undeveloped Property applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, then the Annual Special Tax A on each Assessor's Parcel of Developed Property for which the Maximum Special Tax A is the Backup Annual Special Tax A shall be increased Proportionately from the Assigned Annual Special Tax A up to 100% of the Backup Annual Special Tax A as needed to satisfy the Special Tax A Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax A Requirement after the first four steps have been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Assigned A nnual Special Tax A applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement.
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SECTION G
PREPAYMENT OF ANNUAL SPECIAL TAX A
The following definition applies to this Section G:
“Outstanding Bonds” means all previously i ssued Bonds issued and secured by the levy of Special Tax A which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Tax A.
Prepayment:
The Special Tax A obligation of an Assessor's Parcel of Developed Property, an Assessor's Parcel of Approved Property, an Assessor's Parcel of Undeveloped Property, and an Assessor’s Parcel of Provisional Undeveloped Property may be prepaid in full, provided that there are no delinquent Special Tax A, penalties, or interest charges outstanding with respect to such Assessor’s Parcel at the time the Special Tax A obligation would be prepaid. The Prepayment Amou nt for an Assessor’s Parcel eligible for prepayment shall be determined as described below.
An owner of an Assessor’s Parcel intending to prepay the Special Tax A obligation shall provide the City with written notice of intent to prepay, and within five (5 ) days of receipt of such notice, the City shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by Improvement Area No. 10 in calculating the proper amount of a prepayment. Within fifteen (15) day s of receipt of such non -refundable deposit, the City shall notify such owner of the prepayment amount of such Assessor’s Parcel.
The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below):
Payoff Amount
plus Administrative Fee
equals Prepayment Amount
As of the date of prepayment, the Prepayment Amount shall be calculated as follows:
1. For an Assessor’s Parcel of Developed Property and Provisional Undeveloped Property, compute the Assigned Annual Special Tax A applicable to the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property, compute the Assigned Annual Special Tax A as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor’s Parcel. For an Assessor’s Parcel of Undeveloped Property compute the Assigned Annual Special Tax A as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor’s Parcel.
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For each Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property to be prepaid, compute the present value of the remaining Annual Assigned Special Tax A payments using a discount rate that is equal to the weighted average interest rate on the Outstanding Bonds and the remaining term of the Outstanding Bonds determined by a Financial Advisor selected by the City.
For any prepayment that occurs prior to the first issuance of Bonds, the discount rate used in this calculation shall be 5.5% and the term shall be the period in which the Special Tax A may be levied as provided in Section K less ten years. This is the “Payoff Amount.”
2. For each Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property to be prepaid, divide the Assigned Annual Special Tax A compu ted pursuant to the first paragraph in paragraph 1 of this Section G for such Assessor's Parcel by the sum of the estimated Assigned Annual Special Tax applicable to all Assessor’s Parcels of Taxable Property at build out, as reasonably determined by the City.
3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds. The product shall be the “Bond Redemption Amount”.
4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the “Redemption Premium.”
5. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest call date for the Outstanding Bonds.
6. Determine the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium in State and Local Government Series Treasury Obligations until the earliest call date for the Outstanding Bonds.
7. Subtract the amount computed pursuant to paragraph 6 from the amount computed pursuant to paragraph 5. This difference is the “Defeasance Cost.”
8. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the “Administrative Fee.”
9. Calculate the “Reserve Fund Cre dit” as the lesser of: (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in ef fect after the redemption of Outstanding Bonds as a result of the prepayment
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from the balance in the applicable reserve funds on the prepayment date.
Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other ins trument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than zero.
10. The “Amount to Call Bonds” is equal to the sum of the Bond Redemption Amount, the Redemption Premium, and the Defeasance Cost, less the Reserve Fund Credit (the Amount to Call Bonds will be transferred to the debt service fund and used to defease or call bonds).
11. The Prepayment Amount is the sum of the Payoff Amount and the Administrative Fee.
12. From the Prepayment Amount, the Amount to Call Bonds will be transferred to the debt service fund and used to defease or call bonds pursuant to the fiscal agent agreement or escrow agreement; the Administrative Fee will be transferred to the Administrative Fund or functionally equivalent fund or account pursuant to the fiscal agent agreement and used to pay administrative expenses; the remainder will be transferred to the Surplus Taxes Fund or functionally equivalent fund or account pursuant to the fiscal agent agreement.
With respect to the Special Tax A obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of Improvement Area No. 10 that there has been a prepayment of the Special Tax A ob ligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax A obligation and the release of the Special Tax A lien on such Assessor’s Parcel, and the obligation of such Assessor’s Parcel to pay such Special Tax A shall cease.
Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property after such full prepayment , net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all Outstanding Bonds in each future Fiscal Year.
SECTION H
PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX A
The Special Tax A obligation of an Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property, for which a building permit has been issued or is expected to be issued, as calculated in this Section H below, may be partially prepaid, provided that there are no delinquent Special Tax A, penalties, or interest charges outstanding with respect to such Assessor’s Parcel at the time the Special Tax A obligation would be prepaid.
The Partial Prepayment Amount shall be calculated according to the following formula:
PP = PG x F
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The terms above have the following meanings:
PP = the Partial Prepayment Amount.
PG = the Prepayment Amount calculated according to Section G.
F = the percent by which the owner of the Assessor’s Parcel is partially prepaying the Special Tax A obligation.
With respect to any Assessor’s Parcel that is partially prepaid, the City Council shall indicate in the records of Improvement Area No. 10 that there has been a partial prepayment of the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax A obligation, to indicate the partial prepayment of the Special Tax A obligation and the partial release of the Special Tax A lien on such Assessor’s Parcel, and the obligation of such Assessor’s Parcel to pay such prepaid portion of the Special Tax A shall cease.
Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year.
SECTION I
MAXIMUM SPECIAL TAX B
1. Developed Property
Maximum Special Tax B
The Maximum Special Tax B for each Assessor’s Parcel of Developed Property for each Land Use Type is shown in the Tables below.
On each July 1, commencing July 1, 2023, the Maximum Special Tax for the prior Fiscal Year shall be increased by (i) an amount equal to the percentage change increase in the Consumer Price Index for the twelve -month period ending in March of the prior Fiscal Year.
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TABLE 6
MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 1
Land Use Type Building Square Footage Rate
Residential Property Less than 1,900 $619 per Unit
Residential Property 1,900 – 2,050 $624 per Unit
Residential Property Greater than 2,050 $641 per Unit
Multifamily Residential Property N/A $13,438 per Acre
Non-Residential Property N/A $13,438 per Acre
TABLE 7
MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 2
Land Use Type Building Square Footage Rate
Residential Property Less than 1,850 $776 per Unit
Residential Property 1,850 – 2,000 $785 per Unit
Residential Property 2,001 – 2,150 $803 per Unit
Residential Property 2,151 – 2,300 $813 per Unit
Residential Property 2,301 – 2,450 $830 per Unit
Residential Property Greater than 2,450 $842 per Unit
Multifamily Residential Property N/A $11,309 per Acre
Non-Residential Property N/A $11,309 per Acre
TABLE 8
MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 3
Land Use Type Building Square Footage Rate
Residential Property Less than 1,850 $736 per Unit
Residential Property 1,850 – 2,000 $748 per Unit
Residential Property 2,001 – 2,150 $766 per Unit
Residential Property 2,151 – 2,300 $780 per Unit
Residential Property 2,301 – 2,450 $800 per Unit
Residential Property Greater than 2,450 $813 per Unit
Multifamily Residential Property N/A $16,363 per Acre
Non-Residential Property N/A $16,363 per Acre
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TABLE 9
MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 4
Land Use Type Building Square Footage Rate
Residential Property Less than 1,900 $770 per Unit
Residential Property 1,900 – 2,100 $782 per Unit
Residential Property Greater than 2,100 $806 per Unit
Multifamily Residential Property N/A $16,903 per Acre
Non-Residential Property N/A $16,903 per Acre
2. Approved Property, Undeveloped Property, and Provisional Undeveloped Property No Special Tax B shall be levied on Approved Property, Undeveloped Property, or Provisional Undeveloped Property.
3. Method of Apportionment of the Maximum Special Tax B Commencing with Fiscal Year 2022-23 and for each following Fiscal Year, the City shall levy the Special Tax B at up to 100% of the applicable Maximum Special Tax B, Proportionately on each Assessor’s Parcel of Developed Property until the amount of Special Tax B equals the Special Tax B Requirement.
SECTION J
PREPAYMENT OF ANNUAL SPECIAL TAX B
Special Tax B cannot be prepaid.
SECTION K
TERM OF SPECIAL TAX A AND SPECIAL TAX B
For each Fiscal Year that any Bonds are outstanding the Annual Special Tax A shall be levied on all Assessor’s Parcels subject to the Annual Special Tax A. If any delinquent Annual Special Tax A amounts remain uncollected prior to or after all Bon ds are retired, the Annual Special Tax A may be levied to the extent necessary to reimburse Improvement Area No. 10 for uncollected Annual Special Tax A amounts associated with the levy of such Annual Special Tax A amounts, but not later than the 2065-66 Fiscal Year.
Special Tax B shall be levied in perpetuity as long as the Services are being provided.
SECTION L
EXEMPT PROPERTY
The City shall classify as Exempt Property within the applicable Zone, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes bec ause they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements maki ng impractical their
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utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses or classified as Agricultural Buffer Property, or (vi) other types of public uses determined by the City Council.
Notwithstanding the foregoing, the City Council for purposes of levying the Special Tax A shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property within the applicable Zone to less than the Acreage amounts listed in Table 10 below. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property within the applicable Zone to less than the Acreage amounts listed in Table 10 will be classified as Provisional Undeveloped Property, and will be subject to the levy of Special Tax A pursuant to Step Five in Section F.
TABLE 10
MINIMUM TAXABLE ACRES
Zone Acres
Zone 1 7.70
Zone 2 2.05
Zone 3 2.91
Zone 4 2.90
SECTION M
APPEALS AND INTERPRETATIONS
Any property owner claiming that the amount or application of the Special Tax A or Special Tax B is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax A or Special Tax B that is disputed.
A representative(s) of CFD No. 2003-3 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax A or Special Tax B, and rule on the appeal. If the representative’s decision requires that the Special Tax A or Special Tax B for an Assessor’s Parcel be modified or changed in favor of the property owner,
The representative shall take any of the following actions, in order of priority, to correct the error:
(i) if possible, amend the Special Tax levy on the property owner’s Assessor’s Parcel(s) for the current Fiscal Year, if prior to the payment date, (ii) require the CFD to reimburse the property owner for the amount of the overpayment to the extent of available CFD funds, or
(iii) grant a credit against, eliminate, or reduce the future Special Taxes on the property owner’s Assessor’s Parcel(s) in the amount of the overpayment.
The City may interpret this Rate and Metho d of Apportionment of Special Tax for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses.
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SECTION N
MANNER OF COLLECTION
The Annual Special Tax A or Annual Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area No. 10 may collect Annual Special Tax A and Annual Special Tax B at a different time or in a different manner, if necessary, to meet its financial obligations.
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1 RESOLUTION NO. 2022-025
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, TO INCUR BONDED INDEBTEDNESS WITHIN
IMPROVEMENT AREA NO. 10 OF COMMUNITY FACILITIES
DISTRICT NO. 2003-3 OF THE CITY OF CHINO
WHEREAS, on July 20, 2004, the City Council of the City of Chino (the “City Council”) adopted Resolution No. 2004-55 (the “Resolution of Formation”) to form Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”) pursuant to the Mello- Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and the Community Facilities District has been established for the purpose of levy ing special taxes on parcels of taxable property therein for the purpose of providing certain public facilities and services which are necessary to meet increased demands placed upon the City of Chino (the “City”) as a result of the development of said real property; and
WHEREAS, upon receipt of a petition as provided in Section 53339.2 of the Act, the City Council of the City (the “City Council”) instituted proceedings to establish Improvement Area No. 10 of the Community Facilities District (the “Improvement Area”) with boundaries coterminous with the property described in Exhibit A to Resolution No. 2022-024 (the “Resolution of Intention”) adopted on April 5, 2022 (the “Property”). The Resolution of Intention stated the City Council’s intention establish the Improvement Area and to finance (1) the purchase, construction, expansion, improvement or rehabilitation of the public facilities described in Exhibit B to the Resolution of Intention , including all furnishings, equipment and supplies related thereto (collectively, the “Facilities”), (2) the services described in Exhibit B to the Resolution of Intention (collectively the “Services”) and ( 3) the incidental expenses to be incurred in connection with financing the Facilities and/or Services, and forming the Improvement Area and administering the Community Facilities District (the “Incidental Expenses”); and WHEREAS, the City Council estimates that the amount required to finance the Facilities and Incidental Expenses is approximately $35,000,000; and WHEREAS, in order to finance the Facilities and Incidental Expenses, the City Council intends to authorize the issuance of bonds in an amount not to exceed $35,000,000, the repayment of which is to be secured by special taxes levied in accordance with Section 53328 of the Act on all property in the Improvement Area , other than those properties exempted from taxation in the rate and method of apportionment set forth in Exhibit C to the Resolution of Intention;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. It is necessary to incur bonded indebtedness within the boundaries of the Improvement Area in an amount not t o exceed $35,000,000, in order to finance certain of the costs of the Facilities and Incidental Expenses, as permitted by the Act.
SECTION 3. The indebtedness will be incurred for the purpose of financing the costs of the Facilities and the Incidental Expenses, inclu ding, but not limited to, the funding of reserve
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2 funds for the bonds, the financing of costs associated with the issuance of the bonds and all other costs and expenses necessary to finance the Facilities which are permitted to be financed pursuant to the Act.
SECTION 4. It is the intent of the City Council to authorize the sale of bonds in one or more series, which bonds may be issued to fund Facilities costs and Incidental Expenses in the maximum amount set forth in Section 2, and which bonds may bear interest at a rate not in excess of the maximum rate permitted by law at the time that the bonds are issued. The term of the bonds of each series shall be determined pursuant to a resolution of this City Council authorizing the issuance of the bonds of such series, but such term shall in no event exceed 40 years from the date of issuance of the bonds of such series, or such longer term as is then permitted by law.
SECTION 5. A combined public hearing (the “Hearing”) on the proposed debt issue and the levy of special taxes shall be held at 7 p.m. or as soon thereafter as practicable, on May 17, 2022, at the City Council’s Chambers, 13220 Central Avenue, Chino, California.
SECTION 6. At the time and place set forth in this Resolution for the Hearing, any interested persons, including all persons owning land or registered to vote within proposed the Improvement Area, may appear and be heard.
SECTION 7. The City Clerk is hereby directed to publish a notice of the Hearing (the “Notice”) pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Improvement Area. Such publication shall be completed at least seven days prior to the date of the Hearing. The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of the proposed Improvement Area at least 15 days prior to the Hearing.
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3 PASSED AND ADOPTED by the City Council at a regular meeting held on the 5th day of April 2022.
CITY COUNCIL OF THE CITY OF CHINO
By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Angela Robles
City Clerk of the City of Chino
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4 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 5th day of April 2022, by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ANGELA ROBLES, CITY CLERK
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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: APRIL 5, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: EASEMENT DEED TRACT MAP NO. 16420-1 – PRESERVE MASTER MAINTENANCE CORPORATION.
RECOMMENDATION
Adopt Resolution No. 2022 -018 accepting an easement for public access and sidewalk purposes for Tract Map No. 16420 -1; and authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There is no fiscal impact to the City.
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COUNCIL MEETING DATE: APRIL 5, 2022
SUBJECT: EASEMENT DEED TRACT MAP NO. 16420-1 – PRESERVE MASTER
MAINTENANCE CORPORATION
PAGE 2
BACKGROUND
Tract Map No. 16420 -1, as presented by LCD Homecoming at the Preserve, LLC (Developer) consists of seven (7) lots on approximately 59.7 acres generally located south of Pine Avenue, east of East Preserve Loop, west of Hellman Avenue, and north of Market Street (Exhibit A).
Tract Map No. 16420 -1 is for the first phase of Tract Map No. 16420 and was conditionally approved by the City of Chino Planning Commission on February 13, 2008.
The Conditions of Approval (COA) require the Developer to grant the City a pedestrian access easement in, over, under, upon and across all real property as described in Resolution No. 2022-018 (Exhibit B). The Developer dedicated lots A, B, and C of Tract Map. No. 16420 -1 to the Preserve Master Maintenance Corporation (PMMC) for landscape maintenance purposes.
Consequently, the PMMC is now required to execute the attached Easement Deed on behalf of the Developer, thus fulfilling the COA. The Easement Deed has been reviewed and approved by City staff.
ISSUES/ANALYSIS
Along Pine Avenue in The Preserve, the Specific Plan requires a 13-foot-wide Community Open Space Paseo on both the north and south sides of the street. This Paseo generally meanders to provide visual interest and accommodate an enhanced streetscape. The meandering nature of the Paseo takes it in and out of the public right -of-way, where portions lie within the landscape lot adjacent to the street that is dedicated to the PMMC. Therefo re, an easement needs to be recorded on these portions to ensure public access in perpetuity. The public access and sidewalk easement area is roughly 2.14 acres of land. In accordance with Resolution No. 2007 - 073, the execution of grants or deeds of real p roperty exceeding one-acre shall be approved by City Council resolution.
Attachment: Exhibit A - Site Map
Exhibit B - Resolution & Easement Deed
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EXHIBIT "A"
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RESOLUTION NO. 2022-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, ACCEPTING EASEMENT FOR PUBLIC AC CESS AND
SIDEWALK.
WHEREAS, Preserve Master Maintenance Corporation offers to grant the City of Chino easement over one acre of land necessary for the dedication of public access and sidewalk within the Preserve Specific Plan area; and
WHEREAS, Tract Map No. 16420 -1, as presented by LCD Homecoming at the Preserve, LLC consists of seven (7) lots on approximately 59.7 acres; and
WHEREAS, Tract Map No. 16420-1, processed by LCD Homecoming at the Preserve, LLC, was conditionally approved by the City of Chino Plannin g Commission on February 13, 2008; and
WHEREAS, L CD Ho mecoming at the Preserve, LLC dedicated Lots A , B, and C , of Tract M ap N o. 16 420-1 to the Preserve Master Maintenance Corp oration for landscape maintenance purposes; and
WHEREAS, Preserve Master Maintenance Corporation is now de dicating easement to the City of Chino for Lots A, B, and C of Tract Map No. 16 420-1 for public access and sidewalk purposes; and
WHEREAS, City staff has reviewed the documents and find that they provide the necessary easement; and
WHEREAS, Preserve Master Maintenance Corporation , Inc . has made an irrevocable offer to dedicate a p ortion of t hat pr operty to t he City, by executing that certain “ Easement Deed”, attached as Attachment No. 1 and incorporated by this reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the offered easement for public access and sidewalk in, over, under, upon and across all real property described in Attachment No. 1 hereto is hereby accepted; and
Section 2. That the City Clerk is hereby authorized to execute the Certificate of Acceptance and directed to record the Easement and Certificate of Acceptance with the San Bernardino County Recorder; and
Section 3. This Resolution shall become effective upon adoption.
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RESOLUTION NO. 2022-018
APPROVED AND ADOPTED THIS 5TH DAY OF APRIL 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
State of California )
County of San Bernardino ) ss.
City of Chino )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting held on the 5th day of April 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
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Attachment No. 1
(Easement Deed)
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Last Updated 12/8/2021
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708
Exempt from recording fees according to (SPACE ABOVE THIS LINE FOR RECORDER’S USE) Government Code Section No. 27383
Transfer Tax: $0
EASEMENT DEED
CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
PRESERVE MASTER MAINTENANCE CORPORATION, a California nonprofit public benefit corporation
GRANTOR(S)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby a cknowledged, Grantor(s) hereby grant(s) to the City of Chino, a political subdivision of the Sta te of California, an easement for public access and sidewalk purposes in, over, under, upon, and across all that real property situated in the City of Chino, County of San Bernardino, State of California, described as follows:
SEE ATTACHED EXHIBITS “A” AND “B”
PROJECT NO. TR 16420-1
SIGNATURE(S) OF GRANTOR(S) (NOTE: ATTACH NOTARY ACKNOWLEDGMENT)
FULL NAME OF CORPORATION: PRESERVE MASTER MAINTENANCE CORPORATION
Print Name and Title Signature and Date
Print Name and Title Signature and Date
This is to certify that the interest in real property conveyed by the within instrument to the City of Chino, California, a municipal corporation, is hereby accepted by order of the City Council, and the grantee consents to the recordation thereof by its duly authorized officer.
CITY OF CHINO : _______________________________
CITY CLERK DATE
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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: APRIL 5, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: 2021 GENERAL PLAN AND HOUSING ELEMENT ANNUAL REPORT.
RECOMMENDATION
Receive and file the 2021 General Plan and Housing Element Annual Reports which will subsequently be filed with the Governor's Office of Planning and Research and the California Department of Housing and Community Development.
FISCAL IMPACT
There is no financial impact to the General Fund. These annual reports are filed with the Governor’s Office of Planning and Research and the California Department of Housing and Community Development, and no further action is required.
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COUNCIL MEETING DATE: APRIL 5, 2022
SUBJECT: 2021 GENERAL PLAN AND HOUSING ELEMENT ANNUAL REPORT PAGE 2
BACKGROUND
In July 2010, the City Council adopted Envision Chino 2025, a comprehensive update to the City’s General Plan. Section 65400 of the Government Code requires the Planning Commission review and forward to the City Council an annual repo rt describing the City’s progress in implementing its General Plan and Housing Element. Once reviewed by the City, the report is required to be sent electronically to the Governor’s Office of Planning and Research (OPR), as well as the California Department of Housing and Community Development (HCD).
The City’s General Plan includes an introduction and Vision Chapter as well as 12 separate elements. The 12 elements cover the seven topics required by State Government Code Section 65302, including a Housing E lement that is required to be updated every eight years. The Housing Element update was recently completed by the City in January 2022 and covers the 2021-2029 reporting period. The 2021 -2029 Housing Element includes specific components such as an analysis of the existing housing stock, an analysis of existing and projected housing needs, and a quantification of the number of housing units that will be developed, preserved, and improved through its policies and actions.
The General Plan and Housing Element Annual Progress Report has been completed and is attached for review by the City Council in accordance with State guidelines. Due to recent changes by the State, the layout of the General Plan Annual Progress Report has been modified to include more information in a table format rather than a narrative due to the increase in the amount of information required, the requirements to file the report information digitally with the State, and to reduce repetitive information in the report.
ISSUES/ANALYSIS
Staff reviewed the General Plan goals, policies, and actions, as identified in the Implementation Program (Exhibit “A” to the General Plan Annual Progress Report). The Implementation Program incorporates a narrative of the goals and action statements from the G eneral Plan that have been completed or were in the process of being completed in 2021. During the 2021 calendar year, the City continued to implement many General Plan goals and policies through ongoing City programs, private development, and capital improvement projects.
The City also continues to implement the 2021 -2029 Housing Element measures to add to the region’s supply of affordable housing through the multiple housing programs offered by the City.
Exhibit “B” to the General Plan Annual Progress R eport includes several tables that summarize the progress made in 2021 towards meeting the goals and objectives of the City’s 2021 -2029 Housing Element.
Staff is currently preparing for another comprehensive General Plan update, which should begin later th is year if approved by Council and is anticipated to take approximately two years to complete.
The Planning Commission reviewed the 2021 General Plan and Housing Element Annual Progress Report at the March 21, 2022, Planning Commission meeting, and recomme nded the City Council receive and file the reports.
Attachment: 2021 General Plan and Housing Element Annual Progress Report
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GENERAL PLAN ANNUAL PROGRESS REPORT
2021
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION
March 21, 2022
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CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT
EXHIBIT A
2021 GENERAL PLAN IMPLEMENTATION PROGRAM TABLE
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GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
HC-1.1 A1 Develop programs to foster collaboration between local health officials and City staff and elected officials.
The Healthy Chino Coalition program, in place since 2004, continues to meet quarterly with over 40 active Coalition members including local health officials, physicians, nurses, educators, business owners, and City staff. The City actively participates in the CVUSD Health Council meetings, IEHP Healthy Kids meetings, San Bernardino County's Healthy Communities meetings, and Public Health meetings. Healthy Chino continues to participate at the monthly Focus on Youth collaborative meetings. These meetings include members from various health organizations, City staff, local service providers, and faith-based organizations. These meetings foster new partnerships and create opportunities to expand new and existing programming. Healthy Chino staff attends the City of Chino quarterly Safety Committee Meetings. The Healthy Chino Program continues to offer Lunch and Learn workshops, employee weightloss challenges, and healthy snack options. This is done by collaborating with different agencies and companies to help promote healthy living. Partnerships include Kaiser, San Bernardino Health Department, IEHP, Chino Valley Medical Center, Nutrishop, Planet Fitness, and Auraganic Jucery, and Healthy Vending Machines.
The Healthy Vending Machine vendor is a local Chino business.
HC-1.1 A2 Develop a list of best practices related to promoting healthy communities. Ideas on best practices are gained through the on-going attendance by Healthy Chino staff at the Healthy Communities workshops, meetings, and conferences. Programs that are currently in place that promote healthy practices are the Hike the Valley Program, established in 2013, where participants are guided through local trails (hikes average 2-5 miles in length and range form easy to advance levels). At the Chino Community Garden participants plant fruits/vegetables and learn gardening, nutrition, and sustainability through the garden's educational workshops. Educational programs include demonstration gardens, cooking classes, children's storytime, a hands-on learning and volunteer program for college students (i.e. Cal Poly Pomona). The Community Garden will continue to offer its popular garden workshops, and Children's Discovery workshops, and new in 2022 a composting exhibit. The Pumpkin Community Garden has begun its first phase of establishing existing garden plots to allow for residents in the downtown area to register for a Garden plot. Bark Around Ayala Park continues to bring in over 200 participants, their dogs, and 15 local vendors for a fun and active morning. Healthy Chino contributes to and promotes the Chino Valley Y 5K Reindeer Romp, Run for Russ 5K, and the Chino Youth Museum 5K DairyAire each year. The City and Chino Valley YMCA partner on Healthy Family Day and will host this fun, free annual community event on April 2, 2022 at Ayala Park. The City expects over 750 participants to enjoy fitness demonstrations, kids' activities, inflatable obstacle course and activities, smoothie bike, bike obstacle course, food, health/nutrition/fitness vendors, and water/environmental vendors.
Healthy Chino partnered with the Inland Empire Utilities Agency (IEUA) and the Public Works Department to host two Earth Day events on April 20 and 21, 2022, at the Chino Creek Wetlands & Educational Park. Over 3,500 people attended the event over the two days. The Healthy Chino program collaborates with the Chino Police Department to host the annual Bike Day event each year. This event will have a 10 mile community bike ride and a 5 mile family bike ride. The Police Department will be handing out free bike helmets as well as conduct a safety obstacle course.
Healthy Chino Element
Goal HC-1 Foster Chino resident's health.
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HC-1.2 A1 Develop a program to disseminate information about healthful eating habits. There are a number of methods that are used in the Healthy Chino Program to distribute information about healthy eating habits. These include: Healthy Family Day, with over 750 participants and 40 vendors; Grilling Classes offered to the community to help promote healthy eating habits; and partnering with CVUSD in recognizing National Nutrition Month. Healthy Chino also disseminates monthly emails on health tips to over 800 community members, City employees, Health Council members, Focus on Youth members, and CVUSD employees. Staff continues to visit local businesses to provide materials to educate and promote health and wellness to their employees, as well as continues to promote healthy snack and breakfast options in all City after school and before school programs. Healthy Chino offers the Healthy Kids Challenge at the High Five and SOAR Afterschool programs. This incorporates healthy eating and fitness weekly challenges for six weeks. The Healthy Chino Program has also begun to use Social Media to distribute Healthy Tips and program announcements. The Healthy Chino program works with the local WIC office to help distribute healthy food options and other important food nutritional facts.
HC-1.2 A2 Model best practices related to promoting healthy eating habits at government offices and government-organized events by serving only healthy snacks and refreshments.
The City hosts programs for employees to promote healthy eating habits including Healthy and Wellness Workshops, the Stairwell Art Program, and "Snack Attack" to promote healthy snack alternatives. The 6-week weight loss/fitness program, "Healthier You Challenge" continues to be offered to the employees to help start off the year encouraging health and wellness. Healthy Chino also encourages employees to offer healthy snacks and refreshments during meetings and trainings. Healthy Chino offers healthy snacks and water to participants at all of its programs including Children's Discovery Workshops, Hike the Valley, and bike events to name a few. The Healthy Chino program worked with City Administration office to provide a healthy snack to the students who attended student government day. There are eight new Healthy Vending Machines available to employees and residents. They have been replaced to offer new healthy options to everyone who visits City facilities.
HC-1.2 A3 Promote government and school purchase of locally-produced and/or organic food. Healthy Chino has supported the Chino Community Garden, and the school gardens at Anna Borba, Cortez, Dickson, Newman, and Walnut Elementary Schools to encourage the community and students to grow their own food and to promote eating healthy. Healthy Chino staff provide tools and resources to these gardens as well as offers programming support throughout the year.
HC-1.2 A4 Work with vendors at the farmer’s market to develop programs under which vendors can accept food stamps and other public benefits.
The City does not currently have a City-sponsored farmers market. No work has begun on identifying or prioritizing starting a farmers market or agriculture drop-off sites (CSA Farm Share).
Previously, the City offered a farmers market at City Hall and then at The Preserve Community Center but was deemed unsustainable due to low sales.
LU-3.1 A1 Study the use of graduated-density zoning, which encourages parcel assembly by allowing higher densities for larger sites, or other policy-based mechanisms to encourage the development of projects on more than one parcel that are consistent with the Future Growth Vision Plan.
The concept of graduated-density zoning was studied during the 2010General Plan Update. At that time, it was determined that it would not be incorporated into specific General Plan policies or Zoning Ordinance provisions, and would be evaluated again in future updates.
LU-3.1 A2 Work with the Southern California Association of Governments (SCAG) when it prepares its Sustainable Communities Strategy (SCS) to ensure that sites from the Future Growth Vision Plan are included in the SCS.
The Regional Transportation Plan (RTP) and Sustainable Community Strategy (SCS) was approved by SCAG in 2020. The RTP/SCS did not include the future growth areas because the land uses for these sites have not changed.
LU-3.1 A3 Consider revising the Future Growth Vision Plan if SCAG’s ultimate SCS map is not consistent with it.
On January 4, 2022, the City adopted the 6th Cycle (2021-2029) Housing Element to be in compliance with SCAG’s Regional Housing Needs Assessment (RHNA) allocation. Many areas within the Future Growth Vision Plan have been identified as potential sites to meet the RHNA allocation. These sites would allow for higher densities up to 30 dwelling units to the acre or have the potential for mixed-use development.
Land Use Element
Goal LU-3 Revitalize older commercial and industrial areas in the center of Chino.
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Action
Number
Action Status of Progress/Comments
LU-3.2 A1 Provide expedited review of projects on the four corners of Walnut and Central Avenues that meet both the land use regulations and the design guidance provided for these properties and for mixed-use properties in general.
There has not been any development activity at this intersection during this reporting period.
LU-3.3 A1 Work with landowners along Riverside Drive to consolidate parcels so they can create large enough spaces for new development of either mixed-use or multi-family residential buildings.
On some portions of Riverside Drive where the parcels are very shallow due to dedications for the street right-of-way, this will need to include consolidation with parcels that do not currently front upon Riverside Drive. In this case, the landowners will need to enter into an agreement to share profits according to the original size of each parcel before right-of-way has been dedicated.
There has not been any development activity in this area during this reporting period. In the future, if interest in development of properties in this area is received, the City will explore opportunities to coordinate with other landowners along Riverside Drive to encourage consolidation of parcels.
LU-3.4 A1 Existing uses south of the Civic Center are permitted to continue, but are encouraged to upgrade their facilities to provide better pedestrian amenities on sidewalks and open areas.
The City will continue to work with land owners to ensure pedestrian facilities are upgraded with any future development in this area. However, there has not been any mixed use or residential development activity in this area.
LU-3.4 A2 Work with residential, commercial, and industrial landowners to consolidate parcels so they can create large enough spaces for development of live-work lofts on the block bounded by Central Avenue, F, 5th, and G streets.
In the future, if interest in development in this area is received, the City will explore opportunities to coordinate with other landowners to encourage consolidation of parcels.
LU-4.1 A1 Work with San Bernardino County to revise the County’s General Plan to reflect the land use designations shown in the City’s Land Use Map.
Upon adoption of the City's General Plan 2010, City staff transmitted updated land use information to the County. The County has since updated portions of their General Plan to reflect the land use designations shown in the City's Land Use Map. The City will coordinate with the County of any future approved land use changes to keep the map updated.
LU-5.2 A1 Develop a program to provide incentives for projects that support smart growth goals and reduce greenhouse gases, such as mixed-use, infill, and transit-oriented development projects.
On November 17, 2020, the City Council approved an update to the City's Climate Action (CAP) Plan in an effort to reduce greenhouse gas emissions by 46% lower than the 2008 baseline by the year 2030. A list of mandatory and voluntary greenhouse gas emission reduction measures are listed within the CAP that an applicant will be required to implement into their project, thus resulting in a reduction of greenhouse gases. In addition, on January 4, 2022, the City adopted the 2021- 2029 Housing Element, that identifies potential housing sites for high densities and mixed-use developments.
LU-8.1 A2 Identify and prioritize neighborhoods underserved by healthy food sources for development of healthy food sources.
There are existing programs in place that serve low-income neighborhoods in the City, such as the Summer Lunch Program held in Monte Vista Park offered in July and August for children and youth 18 years or younger.
LU-8.1 A4 Identify appropriate locations for farmers markets and community-supported agriculture drop- off sites and prioritize such uses in these areas.
The City does not currently have a City-sponsored farmers market. No work has begun on identifying or prioritizing starting a farmers market or agriculture drop-off sites (CSA Farm Share).
Previously, the City offered a farmers market at City Hall and then at The Preserve Community Center but was deemed unsustainable due to low sales. Healthy Chino staff experimented with a CSA farm share program in 2015 but was also canceled due to declined sales.
CC-2.3 A1 Develop a list of key entryways to Chino and establish a program to provide entry features for each of them. Entryways shall incorporate landscaping, trees, and/or architectural elements to enhance a sense of arrival to the City.
There are currently enhanced entryway landscape and signage treatments along Central Avenue at the Pomona 60 Freeway and in the southerly part of the City. A design has been approved for the 60 Freeway and Central interchanger that includes City identifying features such as the City seal.
Work began on the interchange in the summer of 2021 and will take approximately 18 months to complete. The City will continue to consider other entries as deemed appropriate on a yearly basis.
Goal CC-2 Preserve and enhance areas that create community identity and support Chino's small town character.
Community Character Element
Goal LU-4 Provide a clear transition for properties within the Sphere of Influence (SOI).
Goal LU-5 Reduce Chino's greenhouse gas emissions.
Goal LU-8 Ensure convenient access to healthy foods for all residents.
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Action
Number
Action Status of Progress/Comments
TRA-1.2 A1 Conduct a signal timing study for all intersections with Level of Service (LOS) E and F.
Coordinate and implement study recommendations with adjacent jurisdictions as well as California Department of Transportation (Caltrans), if applicable.
Signal timing studies are done on an on-going basis for intersections that are congested, and modifications are made by the City as deemed appropriate and feasible. Coordination is continuely being done with adjacent jurisdictions, SBCTA and Caltrans if needed. In addition, Mountain Avenue, Edison Avenue and Central Avenue have current traffic signal coordination timing and additional corridors are to be included as signal interconnect projects complete communications to them.
TRA-1.3 A1 Establish criteria for which developments will be allowed to construct private streets. The Specific Plans for College Park and The Preserve master-planned communities identify where private streets can be utilized, and include design standards for private streets. As new development proposals are reviewed in these Specific Plan areas, the benefits and/or impacts of designating proposed streets as private are evaluated. On February 2019, the City Council adopted Ordinance No. 2019-002, amending Section 19.06.040 of the Chino Municipal Code to clarify that any single-family residential developments having private streets approved before January 1, 2019, where the private streets otherwise meet the criteria of the Subdivision Map Ordinance, shall be deemed valid and duly authorized, but that no further private streets shall be authorized within single-family residential developments thereafter. When development proposals are reviewed for areas outside of these Specific Plan areas where infill development might occur, the street types will be reviewed on a case-by-case basis to determine the benefits and/or impacts of designating them as private.
TRA-1.3 A4 Identify possible funding sources for traffic calming treatments, including grants to investigate the feasibility of establishing a residential assessment district to allow residents to participate in funding construction of traffic calming treatments in their neighborhood.
Opportunities to apply for grant funding for traffic calming improvements or grants for the establishment of a residential assessment district are regularly monitored, and where appropriate, grant applications are applied for. In FY 20/21, the City received a $72,000 grant to create a Local Road Safety Plan from the State for the State Highway Improvement Plan , which will be used to guide future local road safety improvement grant applications. The LRSP is currently under development and will be completed by June 2022.
TRA-3.1 A1 Develop a truck loading policy for new development that ensures new truck-dependent businesses limit their impact on neighborhoods and business districts.
The Chino Zoning Ordinance has existing provisions for industrial businesses that are located adjacent to non-industrial uses to require appropriate buffering techniques, such as increased setbacks, screening and dense landscaping to be provided to mitigate any negative effects of industrial operations such as truck loading. In addition, as industrial development applications are reviewed, the locations of loading areas are evaluated to mitigate any potential impacts to adjacent uses. Currently, the City is looking at creating additional development standards for industrial development located north of Schaefer Avenue, where more sensitive uses exist in those industrial zoned propoerties.
TRA-6.2 A2 Study individual accident locations, especially “hot spots” with multiple accidents, and identify necessary upgrades to reduce the incidence of accidents.
Accident reports are regularly reviewed on an ongoing basis to develop a list of intersections that need improvements. As funding becomes available, projects are added to the Capital Improvement Program. "Hot spot" locations are included in the Local Roadway Safety Plan currently in development.
Housing Element - Refer to Housing Element Annual Report Goal TRA-1 A roadway system that meets the needs of Chino's residents and visitors, provides safe, convenient, and efficient travel in, around, and through the City, and preserves and/or enhances the City's distinctive qualities.
Transportation Element
Goal TRA-6 Improve the convenience, intuitiveness, and safety of Chino's street network.
Goal TRA-3 Freight transportation that provides efficient service to businesses and industry while limiting impacts to residents and visitors.
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TRA-6.3 A1 Develop an Americans with Disabilities Act (ADA) Transition Plan which identifies locations and funding commitments to provide access to public rights-of-way, including curb cuts and other improvements targeted toward persons with disabilities.
In an effort to remediate existing structures, the City began evaluating its buildings, parks, and services in 2016 continuing through 2019. Beginning in winter 2021, sidewalks and curb ramps began to be inventoried as a baseline for the PROW survey. A more detailed survey of curb ramp and sidewalk compliance may need to be done, as well as an overall survey of the City's policies and procedures. Work has begun on the transition plan and estimated to be completed next fiscal year. The transistion plan will address accessibility for the City's programs, services, and activities with a timeline for completion of improvements. All new construction, renovations, and alterations that occur to City property (parks, buildings, public rights of way, etc.) either through development or City CIP, are completed in compliance with accessibility standards. On an annual basis, the City applies for Community Development Block Grant (CDBG) funding and Transportation Development Act (TDA) funding for sidewalk and ADA ramp improvements for locations throughout the City in need of sidewalk and ADA improvements.
TRA-10.2 A1 Prepare a Bicycle Master Plan for the City of Chino that establishes where and how the City’s bicycle network will be expanded, including standards to guide review of roadway enhancements or other changes to the roadway system. This plan should be consistent with requirements for allocation of State Bicycle Transportation Account funds and federal funding for bicycle improvements that cannot be allocated without an approved Bicycle Master Plan.
The plan should also include criteria for funding prioritization of improvements.
TRA-10.2 A2 Develop maps or signage indicating local and regional bicycle routes, including distances to key destinations, such as parks and schools.
TRA-10.2 A3 Promote bicycle-related programs for the community. Healthy Chino staff continues to offer bicycle-related programs in the community. Healthy Chino staff has partnered with the Chino Police Department and BOBie Cycling Club in planning and running these programs. Chino Bike Day was held on May 15, 2021 at Ayala Park. Chino Bike Day provides a community bike ride (15-25 miles), bicycle safety workshop, helmet giveaway/fitting, bike obstacle course, smoothie bike, and kids' activities.
TRA-11.1 A1 Develop a Pedestrian Master Plan that evaluates the pedestrian transportation system for discontinuities and prioritizes streetscape improvements such as street trees, sidewalks, benches, planter boxes, ADA access, trails, and other amenities in existing neighborhoods.
Key pedestrian corridors and potential funding sources to complete the Plan should be identified as part of the Plan.
TRA-11.1 A2 Develop a set of criteria for funding prioritization of planned pedestrian improvements, based on need/deficiency, anticipated demand, anticipated cost/benefit ratio, geographic equity, and funding opportunity.
TRA-11.1 A3 Develop maps or signage indicating local and regional pedestrian routes, including distances to key destinations, such as parks and schools.
In January 2016, the City adopted the Bicycle and Pedestrian Master Plan. The Plan provides a guide to improve bicycling and walking activity throughout the City by the implementation of various improvements to roadways that include the addition and/or modification of such features as street trees, sidewalks, benches, planter boxes, and Americans with Disability Act (ADA) access. Since the Plan’s adoption, the City was awarded $127,648 in 2015 and $440,081 in 2017 for the TDA Bicycle and Pedestrian Grant and TDA Transit Improvement Grant. The City has begun implementing projects with grant funding. Bicycle and pedestrian facilities were constructed in FY20/21. As part of the City's Pavement Management Program, an inventory of missing sidewalk and pedestrian ramps will occur to identify missing locations. the PMP is currently in development.
Goal TRA-10 Foster bicycling as a convenient, healthy and environmentally-friendly travel choice in Chino.
Goal TRA-11 Enhance the convenience, intuitiveness, and safety of Chino's pedestrian network.
In January 2016, the City adopted the Bicycle and Pedestrian Master Plan. The Plan provides a guide to improve bicycling and walking activity throughout the City by the implementation of various improvements to roadways that include the addition and/or modification of such features as street trees, sidewalks, benches, planter boxes, and Americans with Disability Act (ADA) access. Since the Plan’s adoption, the City was awarded $127,648 in 2015 and $440,081 in 2017 for the TDA Bicycle and Pedestrian Grant and TDA Transit Improvement Grant. The City has completed the majority of the TDA Bicycle Improvements and has coordinated remaining bicycle and pedestrian improvements with the ongoing Chino High School Project expected to be completed in Summer of 2022.
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TRA-11.1 A4 Develop an ADA Transition Plan specifying a timeline and funding commitments to provide access to public rights-of-way, including curb cuts and other improvements targeted toward persons with disabilities.
In an effort to remediate existing structures, the City began evaluating its buildings, parks, and services in 2016 continuing through 2019. Beginning in winter 2021, sidewalks and curb ramps began to be inventoried as a baseline for the PROW survey. A more detailed survey of curb ramp and sidewalk compliance may need to be done, as well as an overall survey of the City's policies and procedures. Work has begun on the transition plan and estimated to be completed next fiscal year. The transistion plan will address accessibility for the City's programs, services, and activities with a timeline for completion of improvements. All new construction, renovations, and alterations that occur to City property (parks, buildings, public rights of way, etc.) either through development or City CIP, are completed in compliance with accessibility standards. On an annual basis, the City applies for Community Development Block Grant (CDBG) funding and Transportation Development Act (TDA) funding for sidewalk and ADA ramp improvements for locations throughout the City in need of sidewalk and ADA improvements.
ED-1.2 A1 Maintain ongoing communication with manufacturing firms to make sure their operating needs are being met.
Consulting is available and is provided in partnership with business assistance agencies, including SB County, Econ. Dev. Agency, CMTC, Chaffey College, SCORE, IEWBC and Small Business Development Center, to address specific needs and general information. The Economic Development Division, on an on-going basis, continues to build and nurture relationships with manufacturing firms throughout the City. Through one-on-one meetings as well as assistance during property improvements to help facilitate growth, the Development Services Department works diligently to assist them.
ED-1.2 A5 Identify vacant sites appropriate for industrial uses, provide a list of those sites to potential businesses seeking to locate in Chino, and consider advertising those sites to potential tenants.
The Economic Development Division provides, through the use of CoStar, a list of available sites to potential tenants by request. The City goes to great lengths to identify and qualify prospective development opportunities. Through the use of CoStar and mining of our internal databases, the City continually reviews a comprehensive list of developable site opportunities for the continued and anticipated growth of our industrial market. In addition, the City proactively shares the information with developers, site selectors, and brokers. The predominance of large industrial sites within Chino have been developed. In the near future, staff needs to begin to make a proactive effort of identifying potential redevelopment sites.
ED-1.4 A1 Focus retail recruitment and business attraction efforts around existing concentrations like the North Central Avenue Area, the Spectrum, City Hall and The Preserve.
The City's retail recruitment and marketing efforts are focused on infill areas throughout the City.
Outreach efforts include, but are not limited to site searches to fill the vacancies within Chino and maintaining current retail market area demographic information, updated throughout the year, which is available to real estate professionals and retailers’ tenant representatives. Traditionally, the City has attended three retail conferences per year, but with Covid guidelines being restrictive, we have had to forgo attendance for this past year, but hope to be able to attend next years conferences. Continued focus is given to areas in the City that lack tenancy and for planned development within The Preserve. Creating lifestyle experiences will be key to continued success.
We also have a 10 acre site at the NW corner of Schaefer and Euclid Avenues that are currently going through the development review process. Finally, attention is being given to the tenant mix for The Preserve, with focus on the Core and access points up and down Euclid Avenue.
Economic Development Element
Goal ED-1 Strengthen Chino's economy in order to provide jobs and maintain a fiscally-positive General Fund.
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ED-1.4 A3 To attract retail that is currently lacking, such as grocery stores, work with brokers and existing stores to identify sites that could be appropriate for a specific store, and actions or investments that could be taken to attract them.
The City meets with real estate professionals, specific retailers’ tenant representatives and retail developers throughout the year in the City to attract specific retail uses to the City. In addition to general grocers, citizens of Chino have indicated the desire for specialty stores like meat markets, Asian markets, Hispanic markets as well as produce focused markets. With continued residential growth on the horizon, Chino works diligently to manage the needs of its constituents by working with retailers, site selectors and brokers to bring those services to the City in particular to those needs that are lacking in and around The Preserve.
ED-1.4 A4 Monitor vacancy rates and sales tax performance for retail areas in the City in comparison to regional and statewide averages. If vacancy rates and sales tax performance fall below average, work with property and business owners to either improve performance or determine an alternative use for the site.
The City maintains a database of available retail space vacancies and leasing contact information, along with quarterly retail sales tax data for the City, SB County, and the State. This data along with other retail and demographic data provides staff with pertinent information to provide to retail center leasing representatives, center managers and other retail real estate representatives to help identify methods to improve their performance or determine an alternative use for their space or site. Chino continues to surpass local, regional and state averages. With the lowest vacancy rate in the Inland Empire for Industrial, Chino continues to build and grow. In addition, commercial and retail rates are very competitive for western San Bernardino County while surpassing state and national averages. Sales tax is a continued driver for the City with the bulk of revenue derived through medical and auto sales. Traditional brick and mortar are complimented by online and ecommerce driven consumers. The City is very balanced in this regard.
ED-1.4 A5 Actively recruit retail stores by marketing available sites and devoting staff time to working with potential tenants.
Recruitment of retailers is ongoing through various outreach efforts. Traditionally, staff would attend and host a trade show booth at two, regional/national, and one local International Council of Shopping Centers (ICSC) retail trade events. However, Covid vaccine mandates have precluded us from doing so this year. We hope to return to those tradeshows in coming years. At the events, we provide current demographic and vacant retail property information. Recruitment of retail opportunities is a daily event for the staff at Chino. In cooperation with advertising and retail trade shows, the City of Chino works diligently at courting the newest and biggest retailers in the world.
Our planning department continues to make concerted efforts to modify some of our specific plans to make the way for new businesses.
ED-1.4 A7 Maintain ongoing communication with the property owner of the Spectrum Marketplace and Spectrum Town Center developments to foster the potential for a public-private response to various changes in the market and to the specific challenges that these changes might create for the Spectrum.
City staff maintains on-going communication throughout the year with the two centers' ownership, management and leasing representatives of the Spectrum Shopping Centers to discuss any issues affecting the two centers. The Spectrum Marketplace and Spectrum Town Center are key economic engines within the City and require constant attention. City staff is on-going regular communication with the brokers and property managers who make daily decisions regarding the properties. In addition, regular communications are made with the ownership of these two properties to be informed of the status of their well-being.
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GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
ED-2.1 A2 Periodically study the skills and education levels of Chino residents and use the information as a guide for recruiting new firms to the City.
Demographic information including education levels, income and ethnicity are available upon request for the City of Chino. The information is provided on the City's website and can be downloaded for print. Information on the City is sourced from a number of different areas including EDD, BOE, HDL, CoStar and others, with specific reports generated from ESRI. All of these resources provide demographics on workforce for Chino. At this time our City is overly educated for our business types. Because of this many individuals have sought employment outside of the City. Finding professional companies to make Chino their corporate headquarters would be a great way to balance that out.
ED-2.1 A3 Encourage local businesses to hire local residents. Strategies to do this could include developing a local job board to advertise vacancies to local residents and working with local educational institutions to provide job fairs.
Chino Valley Jobs, which is a program for local businesses to provide their job openings, is provided within City Hall human resources area, and also provided to SB County Workforce Investment Board staff. The City also participates in job fairs, hosted by SB County and the other I.E. cities. The City coordinates the recruitment and hiring services provided by San Bernardino County Workforce Investment Board, which provides its database of local and regional job seekers looking to work closer to their City of residence. Today's goal is to attract and retain higher paying technical and professional jobs. We desire for our citizens to not only live and play in Chino, but to work here too. In cooperation with the Chino Valley Chamber of Commerce, the Chino Valley Chamber hosts a Job Board and assists with Job Fairs within the community.
ED-2.1 A4 Study whether the City should give preference to local suppliers and firms when issuing requests for goods or services.
The City currently has a Local Business Preference ordinance. This ordinance affords a qualified business located within the City a five-percent reduction of an original submitted bid when comparing to next lowest bidder, thus allowing the local business to be considered as submitting the preferred, lowest bid.
GC Section
65400 (K)
Consult with the Native American tribes when a General Plan Amendment (GPA) is being proposed.
The City is complying with these requirements by: 1) Requesting Tribal Consultation List; 2) Mail letters to tribes on the consultation list inviting tribes to consult; and 3) Arrange date and time to consult
OSC-4.1 A1 Adopt a Construction and Demolition Ordinance requiring recycling of at least 50% of all construction and demolition waste.
In December 2012, the City adopted the Tier 1 voluntary measures of the California 2010 Green Building Code, which includes a requirement to increase the amount of construction and demolition waste to be recycled to 70%.
OSC-5.1 A1 Adopt a Climate Action Plan within 18 months of adoption of this General Plan that demonstrates how the City will achieve the needed reductions of greenhouse gas emissions.
The Climate Action Plan shall be developed in coordination with SANBAG and SCAQMD.
The City Council adopted its original Chino Climate Action Plan (CAP) on November 19, 2013. On November 17, 2020, the City has since updated the CAP (2020-2030) to meet new State regulations, most notably Senate Bill (SB) 32, which implements statewide targets to reduce greenhouse gas (GHG) emissions to 40% below the 1990 levels by 2030. The updated CAP utilizes reduction strategies that encourage energy efficiency, water conservation, alternative transportation, solid waste reduction and clean energy.
OSC-6.1 A1 Develop a program to prepare for extreme heat events, including outreach and notification focused on sensitive populations and the establishment of new and maintenance of existing cooling centers.
The City's updated Climate Action Plan (2020-2030) identifies actions to adapt to extreme heat events by providing the following: 1) Provide community cooling centers; 2) Provide public outreach, education, and engagement pertaining to the risks of extreme heat and preventive measures; and 3) Develop an extreme heat transportation management strategy. Currently, the Preserve Community Center, Neighborhood Activity Center, and Senior Center are all utilized as cooling centers. Information regarding cooling centers is published on the City's website and social media during the summer months.
Goal OSC-6 Prepare Chino for the expected impacts of global climate change.
Open Space and Conservation Element
Goal OSC-5 Reduce greenhouse gas emissions by 15 percent below 2005 levels by 2030.
Goal OSC-4 Minimize the consumption of energy and nonrenewable resources, and promote environmental sustainability.
Goal ED-2 Maintain a good jobs-housing balance and jobs-skills match.
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GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
PR-1.2 A1 Enter into joint-use agreements by which Chino schools, particularly those in neighborhoods with a disproportionate lack of recreational facilities, help to provide civic functions such as parks and community meeting spaces.
A joint-use agreement was executed for The Preserve Community Center located in The Preserve Specific Plan, which is a joint-use facility between the City and Chino Valley School District and provides a gymnasium, fitness room and multi-purpose room. Other opportunities to implement this action will be evaluated on an on-going basis and will be considered for possible implementation on a yearly basis. The City is in the process of completing a Parks & Facilities Master Plan to evaluate existing parks and faciliies, and to identify the areas within the City that may be lacking in park and recreation facilities. The Master Plan is anticipated to be completed in Spring 2022, and will be a living document, reviewed annually; with an update to be completed every five years.
The Intelligence Led Policing model was enhanced in 2017 with the creation and implementation of 9Blue3, which includes an "ILP Live" component. This allows personnel of all levels and assignments to share intelligence, monitor criminal activity and address criminal and quality of life issues using a web-based platform. Information is shared in real time and can be remotely accessed to allow issues to be addressed with a multi-faceted approach. In 2018 the ILP format was revised to "ILP 2.0" which provides detailed analysis on crime trends to include patterns, hot spot analysis and persons of interest. This has furthered the departments proactive enforcement areas, thus preventing crime and arresting offenders. The Department has also expanded its use of its existing technology such as the License Plate Readers, POD Cameras, and other stationary cameras throughout the city in an effort rapidly and efficiently identify offenders and crime trends.
The Chino Police Department opened its Real-Time Crime Center (RTCC) in 2019. The center consists of a robust video wall, an interface Smartboard, and two workstations staffed by Crime Analysts. The RTCC is the information hub for a multitude of technology that includes camera feeds from both public and private cameras, intersection cameras, Police Observation Devices, ALPR’s, and law enforcement databases. The mission of the RTCC is to provide officers with critical real-time information while responding to emergency calls to provide a safer environment for the officers and community. Additionally, immediately after a crime has been committed the RTCC is able to utilize available resources to them to investigate the crime and provide this information to the investigating officers. The RTCC has been very successful in preventing and combating crime in the Chino community.
Further, individual units (i.e. Traffic, Detectives, Crime Prevention, Special Enforcement Team, etc.) conduct routine strategy meetings to discuss crime/quality of life issues in the City and come up with a comprehensive approach to address them. Our CAD/RMS system (dispatch and records management system) is another useful tool that allows data to queried and analyzed in new and more efficient ways; thus allowing for better monitoring of crime trends and statistics.
Another way the Department is able to monitor crime rates from a public partnership perspective is through the use of crimemapping.com. This free online program allows members of the public to access information on crime reports based on date/time, location and crime type. This also makes it very easy for personnel to view visual maps of information which can be shared with the public.
The resource is routinely utilized in conjunction with neighborhood watch meetings. Lastly, the Chino Police Department launched a new mobile app that allows for online reporting, reporting traffic or quality of life concerns, submitting a tip, and much more. The app is free for download on both iOS and Android devices.
Goal PR-1 Maintain existing park and recreational areas and create new ones in and around the City.
Parks and Recreation Element
Public Facilities and Services Element
Goal PFS-2 Maintain a safe environment in Chino through law enforcement and crime prevention.
Monitor Chino’s crime rates and categories to determine the most appropriate methods to target and reduce crime in the City.
PFS-2.3 A1
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Action
Number
Action Status of Progress/Comments
PFS-2.3 A2 Maintain volunteer opportunities for residents in order to provide additional opportunities for community engagement with the Police Department.
There are many volunteer programs currently offered through the Chino Police Department. Some of these include: 1) A Community Police Academy for adults and Youth Community Police Academy for teens; 2) The Police Explorer program for teens; 3) The Mounted Posse; 4) The Police Chaplains; 5) Chino Cares; and 6) The Police Volunteer Internship Program.
The new "Spanish Community Academy" volunteer program for employees and community members is in the process of being fully implemented. This is a 5 week highly interative, hands-on, engaging class is designed to teach those who live and work in Chino the many facets of police work and specifically how Chino PD operates. All curriculum will be taught in Spanish. It is a great opportunity for community members not only to learn about police work but to ask the questions they've always wanted to and to interact with many officers and staff. This continues to be one of our most popular programs and is a great opportunity for staff to build relationships with community members.
PFS-2.3 A3 Seek grant funding for community policing, commercial vehicle enforcement, and other programs that will improve service levels within the City.
Opportunities for grant-funding for various programs are pursued on an on-going basis. Currently, the Chino Police Department utilizes grant funds to assist with crime prevention programs, alcohol prevention/education/enforcement (Alcohol and Beverage Control grant), and National Night Out, multiple state-funded DUI education/enforcement grants, and the Click it or Ticket (Seatbelt enforcement grant).
PFS-7.1 A1 Consider participation and/or support of proposed conjunctive use programs and Chino Basin storage and recovery programs that allow the distribution of water between jurisdictions during periods of excess supply. These programs would be administered through participation in the Chino Basin Watermaster and Water Facilities Authority.
Throughout the year, the City continues to be involved in discussions with MWD, IEUA, and other local water purveyors to implement additional conjunctive use programs.
PFS-7.1 A2 Evaluate the feasibility of establishing interconnections or water conveyance plans between the Chino water system and the water systems of the following neighboring water agencies:
• Monte Vista Water District
• City of Ontario (a connection currently exists at Benson Avenue) • City of Chino Hills
• Jurupa Community Services District
• San Antonio Water Company
• City of Upland
• City of Pomona
• The Inland Empire Utilities Agency
Discussions between the City and various local water agencies regarding water system interconnections are ongoing. A dedicated interconnection exists between Chino and Ontario.
Chino currently has the ability to receive water from Water Facilities Authority (WFA) member agencies (i.e. Monte Vista Water District, Upland, Ontario, and Chino Hills) through the WFA surface water treatment plant. Similarly, Chino has an ability to receive desalted groundwater not used by Chino Basin Desalter Authority member retail agencies, Jurupa Community Services District, Santa Ana River Water Company, Norco, Ontario, and Chino Hills.
PFS-7.5 A1 Work with the Inland Empire Utilities Agency to provide recycled water systems, including pipelines, pump stations, and storage facilities to serve primarily public facilities, schools, and parks as funding becomes available.
IEUA currently supplies recycled water to the City at several locations. The City meets with IEUA representatives on a regular basis to discuss recycled water plans and activities.
PFS-7.5 A2 Develop a plan to irrigate agricultural lands with recycled water, both inside and outside of the City's service area, where feasible.
Recycled water is currently used to irrigate agricultural lands in the City. The City maintains a plan that identifies the users already connected to a recycled water line as well as those potential users.
Goal PFS-7 Ensure an adequate supply of water for all types of users.
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GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
AQ-1.1 A1 Implement traffic features such as roundabouts or the use of integrated signalization to improve traffic flow and reduce emissions from vehicle idling and stop and start.
Roundabouts and integrated signalization have been implemented in the City on a limited basis.
Additional implementation of these features will be evaluated as opportunities arise, and considered in future development proposals.
AQ-1.1 A2 Install LED traffic signals throughout Chino to reduce the City’s electricity consumption. 100% of the traffic signals in the City are LED. There is currently a program in place whereby the lights are replaced every 5 years, and each year, the replacement is scheduled and budgeted for rotating sectors of the City.
SAF-2.1A 1 Annually review any new information available from the Federal Emergency Management Agency and the state Department of Water Resources to determine if updated flood zone information is available.
The City receives updates to flood zone maps from FEMA every year, and this information is reviewed to determine if there are any updates to the maps.
SAF-6.1 A1 Regularly update and implement the Emergency Operations Plan (EOP) and the Local Hazard Mitigation Plan (HMP).
The City's Emergency Operations Plan (EOP) was approved by the State in 2014. Updates to the EOP is anticipated to begin in 2022/2023. The City's first local Hazard Mitigation Plan (HMP) was approved by FEMA in 2012. The HMP is updated every 5 years. In 2016, the City prepared an update to the HMP and was approved in 2018. The City will continue to review both plans regularly and make updates as needed.
Goal SAF-6 Reduce the risk to the community from natural and man-made disasters and terrorism events.
Goal AQ-1 Preserve and improve air quality in Chino and the region.
Safety Element
Goal SAF-2 Reduce hazards related to flooding and inundation.
Air Quality Element
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CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT
ATTACHMENT 1 TO EXHIBIT A
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CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT
AMENDMENTS TO THE GENERAL PLAN IN 2021
Two applications were approved by the City Council in 2021 that are further described below:
PL20-0027 (General Plan Amendment) – A request to
amend the Chino General Plan land use map for a 4.62 -
acre parcel of land fronting Ramona Avenue from General Industrial (GI) to Public (P). The application was approved by the City Council on September 7, 2021 (see graphic to the right).
PL18-0090 (General Plan Amendment) - A request to
amend the Chino General Plan land use map for approxi-
mately 97 acres of land by changing the General Plan land use designation for 92.25 acres of the project from Agricul- ture (AG) to General Industrial (GI), and 4.75 acres from Recreation/Open Space (R/OS) to General Industrial (GI).
The application was approved by the City Council on June 1, 2021 (see graphic below).
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CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT
EXHIBIT B
2021 ANNUAL PROGRESS REPORT ON THE IMPLEMENTATION OF
THE CITY OF CHINO 2021-2029 HOUSING ELEMENT
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Jurisdiction Chino ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - 135 - - - - - - Non-Deed Restricted - - - - - - - - - Deed Restricted - - - 203 - - - - - Non-Deed Restricted - - - - - - - - - Deed Restricted - - - - - - - - - Non-Deed Restricted - - - - - - - - - Above Moderate 1,176 - 342 342 370 630 521 550 445 402 3,602 - 2,894
- 342 477 573 630 521 550 445 402 3,940 1,380 Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. 275
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.
Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 533
135
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
-
Moderate
707
478
533
Please contact HCD if your data is different than the material supplied here 203
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
572
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Jurisdiction Chino
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation (Action 1)
Ownership Rehabilitation
Programs
Assist 10 households annually. On-going
Effectiveness: Between July 1, 2008 and December 31, 2021 the City provided rehabilitation assistance to 205 households using Redevelopment (former), CalHOME, CDBG and City Affordable Housing Funds financed through affordable housing in-lieu fees collected.
Continued
Annually evaluate the need to apply for
Proposition 46 and Proposition 1C
funds to support/expand home
improvement efforts.
On-going
Continued Appropriateness: The City recognizes the need to preserve its housing stock and will continue to provide rehabilitation assistance to income qualified residents. The dissolution of the City’s Redevelopment Agency (RDA) presents a significant challenge to the continued effectiveness of this program as redevelopment agency funding was the largest source of funding for the City’s Home Improvement Program.
(Action 2)
Dangerous Properties
Abatement Program
On an as-needed basis, work with Code
Compliance to identify abandoned
and/or substandard buildings that
present threats to public health and
safety.
On-going
Effectiveness: Under its partnership with the Code Compliance Division, the Housing Division has been able to redevelop several abandoned and/or substandard properties that presented a threat to public health and safety. No new projects have been undertaken in 2021.
Continued
On an as-needed basis, work with Code
Compliance to identify abandoned
and/or substandard buildings that
present threats to public health and
safety.
On-going
Continued Appropriateness: This program was very successful. However, the primary source of funding for the program (RDA Housing Funds) is no longer available. As such, it is unlikely that the City will be able to complete additional projects.
(Action 3)
Acquisition/Conversion
Convert 100 market rate units into
affordable housing for extremely low (at
least 10 units), very low, low- and
moderate- income households.
2021
Effectiveness: Despite negotiations for the purchase of multi-family apartment communities, the City of Chino has not been able to secure deal terms that were considered fair and reasonable. The City can no longer budget this program as a result of the dissolution of the City’s RDA.
Continued On-going
Continued Appropriateness: The loss of RDA funding combined with the exhaustion of Prop 1C funds for many programs including the Multi-family Housing Program (MHP) have removed two primary tools used by local jurisdictions to finance multi-family acquisition/conversion projects. The City will continue to monitor and support appropriate legislative efforts to create funding resources for affordable housing programs. Should such funding programs become available, the City will seek to identify potential projects for acquisition/conversion and apply for funding to finance any such projects.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
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(Action 4)
Code Compliance
Coordinate with Housing Division staff
to identify opportunities for
acquisition/rehabilitation.
On-going
Effectiveness: The City places a high priority on its code compliance program and is successful at addressing code violations and controlling the physical deterioration of its housing stock. Due to the costs associated with establishing a rental housing inspection program and nuisance hazard abatement program for multi-family properties, the City has not yet implemented these programs but remains committed to addressing nuisances and hazards without a formal program.
Continued
Ensure that Code Compliance staff
provides information on home
improvement programs to eligible
households.
On-going
Continued Appropriateness: The City recognizes the need to ensure that its neighborhoods remain safe and desirable places to live and work, and as such will continue to provide code compliance services as well as referring homeowners to City Home Improvement/rehabilitation programs.
Continued
Develop and implement a nuisance and
hazard abatement program for multi-
family properties.
On-going
Effectiveness: The City places a high priority on its code compliance program and is successful at addressing code violations and controlling the physical deterioration of its housing stock. Due to the costs associated with establishing a rental housing inspection program and nuisance hazard abatement program for multi-family properties, the City has not yet implemented these programs but remains committed to addressing nuisances and hazards without a formal program.
(Action 5)
Affordable Housing
Development
Grant priority processing status based
on percentage of affordable and/or
special needs units in a development.
No special application for priority
processing will be required.
On-going Effectiveness: as shown below
Continued
As funding permits, engage in land
banking activities to acquire sites
appropriate for affordable housing
development.
On-going
1. Priority processing of affordable and/or special needs projects - The City continues to grant priority processing to affordable housing projects where the applicant requests and demonstrates that priority processing is necessary to support the project.
Continued
Monitor HCD website quarterly for
funding availability under Prop. 46/Prop.
1C programs. Evaluate the need to
pursue such funds based on project
readiness, competitiveness, and
financial feasibility.
On-going 2. Land banking – The City continues to seek vacant parcels for development under the Infill Housing Development Program.
Continued Explore the development of an
inclusionary housing ordinance. On-going
3. Monitoring of Prop. 46/Prop. 1C program – City staff regularly checks HCD’s website for new Notices of Funding Availability. During 2021, no new viable funding programs were identified.
Continued
Through development agreements,
acquisition/conversion (Action 3), and
City assistance, ensure that 10 percent
of all lower income affordable units
created be affordable to extremely low-
income households.
On-going 4. Inclusionary Housing Ordinance – The City has opted to delay consideration of an inclusionary housing ordinance at this time due to the economic conditions.
Continued As above On-going 5. Acquisition/Conversion – See “Acquisition/Conversion (Action 3)” – page 14.
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Continued Continued
Continued Appropriateness: The City will continue to expand affordable housing opportunities through its already established programs and will evaluate new programs as needed to take advantage of any new opportunities. (Action 6)
Infill Housing
Development
Promote the Infill Housing Development
Program to developers and landowners
in targeted neighborhoods by
publicizing information on City website
and at public counters.
On-going Effectiveness: as shown below
Continued
Through the Dangerous Properties
Abatement and Code Enforcement
programs, identify opportunities for
infill development in single-family
neighborhoods. Distribute program
information to property owners and
provide potential sites information to
interested developers.
On-going 1. Infill Housing Development Program - There were no viable infill projects were identified in 2021.
Continued
As funding permits, engage in land
banking activities to acquire sites
appropriate for affordable housing
development.
On-going
2. Dangerous Properties Abatement and Code Enforcement Program - The City’s Code Compliance officers continue to refer property owners to the City’s Housing Division. One rehabilitation project was completed in 2021 as a direct referral.
Continued Achieve two infill units annually. On-going 3. Land Banking – See “Action 5” – page 17.
Continued Promote infill development “gap
financing” to landowners. On-going
4. Identify Infill Housing Opportunities - The City, under its Infill Housing Development Program, continues to promote “gap financing” availability to landowners, and partners with non-profits, including Habitat for Humanity, on all of its Infill Housing Program projects where the City is the landowner.
Continued
Work with Habitat for Humanity and
other qualified non-profit and for-profit
housing developers to identify and
pursue infill opportunities.
On-going
Continued Appropriateness: This program provides affordable housing opportunities for lower and moderate-income households and helps abate blighted conditions in the City's downtown area. The City continues to seek alternative funding following the dissolution of the RDA. (Action 7)
Homebuyer Assistance
Program
Provide homebuyer assistance to 9
homebuyers. On-going Effectiveness: as shown below
Continued
As home prices decline in the City,
evaluate the feasibility of using
CalHOME Program funds to support a
city-wide homebuyer assistance
program.
On-going 1. Homebuyer Assistance Program - Assistance under this program was not funded in 2021.
Continued as above On-going
2. CalHOME Program funding of Homebuyer Assistance Program – The City utilized CalHOME funding to provide first-time homebuyer loans to three low income households. The newly constructed modular homes were completed in 2017 and first-time low-income buyers purchased and moved into their new homes.
Continued as above On-going
Continued Appropriateness: The City recognizes the importance of providing affordable homeownership to first-time buyers and continues to seek new funding resources to enhance this this program.
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(Action 8)
Section 8 Housing Choice
Vouchers
Promote the use of Section 8 by
publicizing the program on the City
website and make information available
at public counters and community
locations. Encourage non-profit service
providers to refer eligible clients,
especially those with extremely low
incomes, to the Section 8 program for
assistance.
On-going
Effectiveness: The City continues to participate in the Tenant-Based Rental Assistance Program (formerly known as Section 8 Housing Choice Vouchers) through the San Bernardino County Housing Authority. In 2021, 235 very-low income households in Chino were participating in the Tenant -based Rental Assistance Program. In addition, there are 50 Project-Based RAD units (Public Housing) owned and operated by the SB County Housing Authority in the city of Chino. We continue efforts to market the availability of these programs via our website, resource guides, and referrals.
Continued
Coordinate with the Housing Authority
for the prioritizing of vouchers to be set
aside for extremely low-income
households.
On-going
Appropriateness: Section 8 is the most significant housing programs available for very low and extremely low- income households. The City will continue to participate in and promote this program.
Continued
Provide Section 8 information to owners
of small rental properties to encourage
acceptance of Section 8 vouchers.
On-going Effectiveness: as shown below
Continued
Preserve all 124 very low-income units
(84 units for seniors and 40 units for
families).
On-going
Effectiveness: Both Steelworkers Oldtimers (84 units) and Vista Park Chino (40 units) have extended their Section 8 contracts with HUD and therefore continue to be operated as affordable housing. As a result of these extensions, neither property is at eminent risk of conversion in the near-term. (Action 9)
At-Risk Housing
Notify property owners of the availability
of Prop. 46/1C funds and HUD funds to
extend rent subsidies and/or restructure
project financing.
Continued Appropriateness: The City recognizes the importance of preserving the existing affordable housing stock. In the event that either the Steelworkers or Vista Park projects appear at risk of conversion, the City will proactively work with project ownership to preserve on-going affordability and will assist at-risk tenants of their rights should conversion occur.
Continued
Work with tenants of at-risk units and
inform them of their rights and
conversion procedures.
On-going Continued
Continued
Ensure tenants are notified at least 12
months prior to potential conversion to
market-rate housing or expiration of
subsidies and adequate relocation
assistance in provided.
On-going Continued
(Action 10)
Condominium Conversion
Ensure compliance with the City’s
Condominium Conversion ordinance. On-going
Effectiveness: The City continues to enforce the Condominium Conversion Ordinance to preserve the rental housing stock, ensure quality conversion, and provide tenant protection.
Continued
Monitor the rate of conversion to
determine if modifications to the
ordinance are needed to maintain a
healthy rental housing market.
Continued Appropriateness: The City will continue to implement its condominium conversion ordinance to ensure that a balance is struck between the need for high quality rental housing and affordable homeownership opportunities.
Continued as above On-going Continued
(Action 11) The
Preserve Specific Plan
Amendment
Ensure additional capacity
accommodates the City’s remaining
Regional Housing Needs Allocation of
993 units (536 very low and 457 low
income units).
On-going Effectiveness: This program was completed.
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Continued as above On-going Continued Appropriateness: N/A (Action 12) Land Use
Element and Zoning
Ordinance
Adopt General Plan 2025 by November
2010 to create new residential/mixed
use designations and provide for
additional growth potential at targeted
locations.
NA Effectiveness: as shown below
Continued
Update the Zoning Ordinance within
twelve months of adopting the Housing
Element to implement the new RD30,
Mixed-Use Medium Density, and Mixed-
Use High-Density designations.
Appropriate development standards will
be established to facilitate and
encourage a variety of housing types
and densities in these zones.
Specifically, parking requirements and
height limitations will be reviewed to
ensure that densities permitted in RD30,
Mixed-Use Medium Density, and Mixed-
Use High Density can be achieved.
1. General Plan Update - The City completed a comprehensive update of its General Plan (“Envision Chino: General Plan 2025”) in 2010. The update included creation of the new residential/mixed-use designations. In 2012, the City retained a consultant to commence work on the update to the Housing Element as required by law. The 2013-21 Housing Element (5th Cycle) Update was approved by the City on October 1, 2013. In 2020, the City secured a consultant to work on the next 2021-2029 Housing Element (6th Cycle) update, which was approved by the City on January 4, 2022. The City is now developing ballot measure information for a general election vote by the residents on the increase in residential density as outlined in the 2021-2029 Housing Element update. The general election is scheduled for June 7, 2022.
Continued
Update the Zoning Ordinance within
twelve months of adopting the Housing
Element to revise the current
development standards for multi-family
housing in the RD 8, RD 12 and RD 20
zones, specifically through: reducing
minimum public and private open space
requirements; revising standards for the
amount and type of on-site parking
required; modifying the requirements
for the amount and type of recreational
amenities provided on-site, especially
when sites are within 1/4 mile of public
parks; and other amendments.
2. Zoning Ordinance Update - The City completed a comprehensive update of its Ordinance in August 2010. The update a) implemented standards for the new RD 30, Mixed Use Medium Density, and Mixed Use High Density land use designations; b) revised on-site parking standards; c) left unchanged minimum public and private open space requirements and recreational amenity requirements as the City determined that variances from the adopted standards should be considered on a project by project basis; and d) permitted and established procedures and development standards for Emergency Shelters with the Service Commercial (SC) zone. in 2019, the City started the Municipal Code update process to address 2019 State housing and density bonus legislation that goes into effect January 1, 2020. The Municipal Code update was finalized and approved by City Council on March 17, 2020.
Continued
Update the Zoning Ordinance within
twelve months of adopting the Housing
Element to permit Emergency Shelters
within the Service Commercial (SC)
zone and to contain procedures and
development standards that will
facilitate the development of emergency
shelters within the zone.
3. Support affordable housing development with available funds – The City continues to support affordable housing development with available funding. The City was successful in retaining former RDA funding totaling $10 million that was previously commitment to help construct a total of 330 units of affordable housing in College Park. The first phase of development was approved in 2012 pursuant to an Affordable Housing Agreement with Bridge Housing to develop a 135-unit very low-income residential apartment community. $7.2 million was pledged to the project. The second phase has since been constructed.
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Continued
Make available redevelopment housing
set-aside funds, CDBG, HOME, and
other funding resources to assist with
affordable housing development. As
funding permits, engage in land
banking activities to acquire sites
appropriate for affordable housing
development.
NA
Continued Appropriateness: The City will continue to evaluate the City’s Zoning Ordinance during annual updates to determine whether additional amendments are necessary to accommodate affordable and special needs housing.
Furthermore, staff will continue to evaluate opportunities to use non-housing redevelopment funds to assist in lot assemblage and encourage private re- investment and mixed-use development along Riverside Drive and Central Avenue. In 2019, the City started the Municipal Code update process to address 2019 State housing and density bonus legislation that goes into effect January 1, 2020. The Municipal Code update was finalized and approved by City Council on March 17, 2020. The housing legislation provides for allowing/streamlining the approval of Accessory Dwelling Units (ADU) in the City.
Continued
Utilize discretionary (non-housing)
redevelopment funds to assist in
economic development, off-site
improvements, and lot assemblage to
encourage private reinvestment and
mixed-use development along Riverside
Drive and Central Avenue.
NA N/A
(Action 13)
Specific Plan/Planned
Development
Continue to provide for flexible
development standards in the Planned
Development Overlay district and
through the use of specific plans.
On-going
Effectiveness: During the previous housing element cycle, the City effectively provided flexible development standards in the Planned Development Overlay district and through the use of specific plans. This flexibility is evidenced in the fact that two major specific plans were adopted – College Park and The Preserve – which provide for the development of over 11,900 new units in a variety of densities and product types.
Continued Continued On-going
Continued Appropriateness: Specific plans offer flexibility in development standards and facilitate the development of a variety of housing types and price ranges. As such, the City will, where appropriate, continue to utilize specific plans in support of future development.
(Action 14)
Housing for Persons with
Special Needs
Review possible amendment to the
zoning ordinance to address special
needs housing.
As needed
Effectiveness: An update to the city's Zoning Ordinance was completed in 2013 that was necessary to add various provisions to support special needs housing, including a) differentiates transitional housing in its various forms; b) permits transitional housing that operates as multi-family developments by right; c) permits emergency shelters in the Service Commercial (SC) Zone; and d) continues the City’s practice of providing reasonable accommodation for special needs housing projects. In 2017, 2019 and 2020, the City approved an amendment to the Accessory Structure (Chapter 20.21) and Residential Density Bonus Chapters (Chapter 20.14) as a result of changes in State Law which imposed new requirements (and, in some cases, constraints) on all cities in California
(Action 15)
Permit Processing
Continue to evaluate and improve the
one-stop processing system to facilitate
residential development.
On-going Effectiveness: as shown below
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Continued
Establish a threshold as part of the
Zoning update in 2010 based on
percentage of affordable and/or special
needs units in a development project to
qualify for priority processing. No
special application for priority
processing status will be required.
On-going
1. One-stop processing system - The City continues to evaluate its one-stop processing system to implement viable changes in process to expedite the project entitlement processing. Implementation of on-line permit application processing was implemented in 2021 and the on-line submittal process for planning applications is currently in process.
Continued as above
2. Priority Processing Threshold - The City did not, as part of its 2010 Zoning Ordinance update, establish a threshold based on percentage of affordable and/or special needs units in a development project, for priority processing. With that being said, the City has always granted priority processing to affordable housing projects where the applicant requests and demonstrates that priority processing is necessary to support the project. This is best exemplified by the priority processing of entitlements for a 195-unit affordable housing community proposed by Bridge Housing. By granting priority processing of the projects’ entitlement applications, all planning and engineering entitlements were approved within nine weeks, as opposed to the sixteen weeks that it typically takes to entitle a project of that nature. Going forward, the City will continue to grant priority processing, where appropriate, when requested by a project’s developer, and will continue to consider the establishment of a formal threshold within the Zoning Ordinance.
Continued as above 2010
Continued Appropriateness: As providing priority processing to developers of affordable and special needs housing will further the development of such housing, the City will continue to offer priority processing of affordable and special needs housing applications.
(Action 16)
Development Fees
Continue to use Housing Set-Aside and
CDBG funds to help offset fees for
affordable and special needs housing.
On-going Effectiveness: as shown below
Continued
Explore the feasibility of deferring
payment of fees upon issuance of
building permits or waiving fees for
affordable and special needs housing.
On-going
1. Offset fees for affordable and special needs housing - The City continues to support affordable housing development with available funding. This is best exemplified by the RDA’s $10 million commitment to help construct 330 units of affordable housing in College Park which has been completed. Unfortunately, the dissolution of the City’s redevelopment agency as required by State law will inhibit future efforts of this magnitude.
Continued
Pursue Prop. 46/1C funds for
infrastructure improvements needed to
support affordable and special needs
housing.
On-going
2. Fee deferral – During the reporting period, the City evaluated the potential deferral/waiver of fees for affordable and/or special needs projects and has decided to consider such deferrals/waivers on a case by case basis.
Continued as above On-going
3. Pursue Prop. 46/1C funds for infrastructure improvements – City staff regularly check for and review Notices of Funding Availability for affordable housing and/or special needs projects.
Continued as above On-going
4. Continued Appropriateness: The City continues to research and identify new potential funding sources to finance fee waivers for affordable and special needs housing. The City will also consider fee deferrals for affordable and special needs housing if requested by the project owner/developer.
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(Action 17)
Fair Housing Program
Continue to provide fair housing and
tenant/landlord counseling services. On-going
Effectiveness: The City updated the Analysis of Impediments (AI) to Fair Housing Choice in 2020. Recommendations in the AI were used to craft the scope of work for the fair housing program. The City continues to contract with the Inland Fair Housing and Mediation Board to mediate tenant/landlord disputes and promote fair housing practices.
Continued
Provide fair housing resources on City
website and make fair housing
brochures available at public counters
and community locations.
On-going
Continued Appropriateness: Affirmatively furthering fair housing choice is a requirement under both State and federal law. The City will continue to implement this program.
Continued
Update the 2001 Analysis of
Impediments to Fair Housing Choice to
ensure that the fair housing program
addresses the changing needs of
residents.
On-going Update was completed in 2020.
(Action 18)
Affirmative Marketing Plan
Continue to require an affirmative
marketing plan as a condition of
approval for all subdivisions.
On-going
Effectiveness: The City continued the practice of requiring an affirmative marketing plan for all subdivisions. Issuance of business permit for rental properties also requires proof of completing training on fair housing and landlord/tenant laws.
Continued
Require an affirmative marketing plan
and require apartment managers to
provide evidence of training in fair
housing and landlord/tenant laws as
conditions for the issuance of a
business license.
On-going
Continued Appropriateness: Affirmatively furthering fair housing choice is a requirement under both State and Federal law. As such, the City will continue to implement this program.
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Jurisdiction Chino
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
535
535
Units by Structure Type Entitled Permitted Completed
SFA 1 102 61
SFD 714 412 335
2 to 4 172 0 0
5+ 22 0 0
ADU 0 21 6
MH 0 0 0
Total 909 535 402
35 911
909
0 0
0 0
0 Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
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Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
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Revenue: Expenditure: 5407370-43650
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: APRIL 5, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PERMIT RENEWAL PARTICIPATION AGREEMENT.
RECOMMENDATION
Approve the Common Interest, Joint Defense, and Confidentiality Agreement related to MS4 NPDES Stormwater Permit and authorize the City Manager to execute all documents on behalf of the City of Chino.
FISCAL IMPACT
There is no new fiscal impact to the City. Costs incurred by the San Bernardino County Counsel under this agreement will be paid through the San Bernardino County Area-Wide Stormwater Program Budget (for which the City contributes its' pro-rata share), and the current FY21-22 budget contains sufficient funds for this expenditure.
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COUNCIL MEETING DATE: APRIL 5, 2022
SUBJECT: MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PERMIT
RENEWAL PARTICIPATION AGREEMENT
PAGE 2
BACKGROUND
The Municipal Separate Storm Sewer System (“MS4”) Permit is issued jointly to the County of San Bernardino, the San Bernardino County Flood Control District (“SBCFCD”), and the 16 incorporated cities in the Santa Ana River Watershed portion of San Bernardino County. The permit is regulated under the Santa Ana Regional Water Quality Control Board Dis trict 8 (“RWQCB”). The current San Bernardino County MS4 Permit Order No. R8-2010-0036, NPDES Permit No. CAS618036 (“Permit”) expired on January 29, 2015 and was administratively extended by the RWQCB until a new permit is issued. The San Bernardino County Flood Control District is the Principal Permittee. In accordance with the 2011 Implementation Agreement, SBCFCD’s primary responsibilities are to administer the overall NPDES/MS4 stormwater program in conjunction with the cities, lead in the development o f programs, act as the liaison with water board staff, and prepare the consolidated required reports. San Bernardino County and the 16 incorporated cities (“Co -Permittees”) are responsible to implement individual program elements within their respective ju risdictions and to fiscally support the County-wide program.
ISSUES/ANALYSIS
In anticipation of review and negotiations related to the implementation of the proposed new permit with the RWQCB, the San Bernardino County Flood Control District initiated the retention of legal representation for the Area -Wide Program (Myers Nave). The proposed MS4 Permit Common Interest, Joint Defense, and Confidentiality Agreement (attached) will allow Co - Permittees (including the City of Chino) to establish a common interes t group, maintain confidentiality among the parties during negotiations, provide for joint legal defense of the final implementation agreement and fully participate and be privy to any and all attorney -client conversations. As such, staff recommends the City enter into said agreement.
Attachment: MS4 NPDES Stormwater Permit Common Interest, Joint Defense, and Confidentiality Agreement
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1 COMMON INTEREST, JOINT DEFENSE, AND
CONFIDENTIALITY AGREEMENT AMONG PERMITTEES
This Common Interest, Joint Defense, and Confidentiality Agreement (“Agreement”) effective on January 1, 2022 is entered into by and among San Bernardino County (“County”), the San Bernardino County Flood Control District (“District”), and the cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rial to, San Bernardino, Upland, and Yucaipa (“Cities”) (collectively the “Parties” or individually a “Party”).
RECITALS
A. The County, District, and Cities own and/or operate storm water and urban runoff conveyance systems, including flood control facilities, commonly referred to as municipal separate storm sewer systems or storm drains, through which storm water and urban runoff are discharged into waters of the United States that are located within the Santa Ana Regio n.
B. The District, as Permittee, and the Cities, as Co-Permittees (jointly “Permittees”), are subject to a National Pollutant Discharge Elimination System (“NPDES”) Permit and Waste Discharge Requirements, Order No. R8-2010-0036, NPDES No. CAS618036 (“Permit”).
C. The Santa Ana Regional Water Qualit y Control Board (“Regional Board”) issued the Permit on January 29, 2010 for a five -year term. The Permit designates the District as “Principal Permittee” under the Permit, and the District administers and coordinates many of the permit requirements on behalf of all the Permittees .
D. On June 28, 2011, the Parties entered into an Implementation Agreement to establish an integrated storm water management program (“Program”) that included development of a Management Committee to coordinate compliance, including establishing budgets, to set forth the duties of the Parties, to provide reimbursement to the District for administrative responsibilities, and to share costs to implement the Program . The Implementation Agreement, attached hereto as Exhibit A, sets forth the percentage of costs that each Party agreed to contribute to implement the Program. The term of the Implementation Agreement coincides with the term of the Permit and expires six months after the Final Permit, as defined below, is approved.
E. To renew the Permit, the Permittees submitted a Report of Waste Discharge for renewal on August 1, 2014.
F. Though the Regional Board has not yet issued a renewal of the Permit, th e Permittees continue to implement and comply with the Permit.
G. The Parties believe that the Regional Board may be circulating a draft version of the new permit (“Draft Permit”) in approximately January 2022.
H. Each of the Parties has a shared common interest in proceedings related to the Draft Permit, including negotiating the terms of the Draft Permit with the Regional Board , participating in the administrative hearing to adopt the Draft Permit as the final permit (“Final Permit”), seeking administrative or judicial review of any terms in the Final Permit that warrant recon sideration, defending any adverse future claims or actions related to the Final Permit , and addressing any and all types of legal challenges to the Draft or Final Permit (jointly “Permit Proceedings”). Each of the
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2 Parties intends to appear in administrative hearings as well as any potential future actions related to the Draft or Final Permit to represent the common interests of the Parties as well as each Party’s own separate interests, some of which may be unique. Such representation of separat e or unique interests is not inconsistent with the common interests of the Parties.
I. Nothing in this Agreement is meant or should be construed to affect a Party’s legal obligation to exercise its independent judgment as requi red by law concerning the Permit Proceedings.
J. Without admitting any individual or shared liability, and expressly denying same, the Parties here assert that it will best serve their common interests to coordinate their efforts and share certain privileged and confidential information, in order to respond effectively to and negotiate with the Regional Board as well as to address and/or defend claims during the Permit Proceedings by the Regional Board or any parties that become adverse parties. Such coordination of effort and sharing of information is not intended to waive and shall not waive any privilege or protection otherwise applicable.
K. By this Agreement, the Parties seek to establish a common interest group with respect to the Permit Proceedings, preserving to the fullest extent possible all applicable legal and evidentiary privileges, including the protections of the attorney-client privilege, the work product doctrine, the joint defense/common interest privilege, and the deliberative process and official information privileges.
L. The Parties and their respective legal counsel are referred to herein as “the Common Interest Group.”
M. The Parties intend for th is Agreement to allow for the inclusion of additional members of the Common Interest Group with the consent of all Parties.
N. The Parties intend for the scope of th is Agreement to include any later-filed related actions that raise or implicate similar interests of the Parties without the necessity of amending this Agreement.
TERMS AND CONDITIONS
Therefore, in consideration of the mutual promises contained and incorporated in the above Recitals in this Agreement, the Parties agree as follows:
1. Purpose. It is the purpose of this Agreement to memorialize the Parties’ intentions concerning the exchange of information during the Permit Proceedings , and to support a joint defense and/or common interest based upon the assertion by the Parties, or any Party, of the attorney-client privilege, work product doctrine, deliberative process and official information privileges, and any other privileges and protections that may apply to any Joint Defense Communications (as defined in Paragraph 3 below) that may be shared among members of the Common Interest Group. This Agreement addresses the flow, handling, security, and disclosure of documents, data, and oral and written information that are not produced pursuant to formal or informal discovery requests, and that may be exchanged by members of the Common Interest Group. It is the intention of the Parties that the exchange of Joint Defense Communications among the members of the Common Interest Group will not constitute a waiver of any privilege or protection, including without limitation the attorney -client privilege, the attorney work product
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3 doctrine, and the deliberative process and official information privileges. The Parties agree that any consultation between the Parties or among their counsel, and any exchange of work product or other Joint Defense Communications are in reliance on the Parties’ common interests, as described herein, and their intent to share information and cooperate in joint defense efforts without waiving any privilege or protection. In this regard, the Parties have agreed to provide reasonable cooperation in the execution of their respective duties under this Agreement. However, no obligation to share any documents, data or information is created by this Agreement.
2. Lawsuits. To the extent related to the Permit Proceedings, the Parties expressly state their intention to include in this Agreement any lawsuits related to adverse claims (other than a lawsuit by one Party or Parties against another Party or Parties), that have been or may be filed by or against any Party at any time during the pendency of this Agreement without the necessity of amending this Agreement.
3. Joint Defense Communications.
a. “Joint Defense Communication” means any documents, data, or information (including correspondence, reports, studies, memoranda of law and/or fact, factual material and summaries, mental impressions, transcripts, digests, and any other written material or oral information of any kind whatsoever) that relate to matters addressed by this Agreement that any Party receives from any other Party or its officers, partners, employees, agents, consultants, attorneys, representatives, or experts that would otherwise be protected from disclosure to third parties pursuant to applicable legal and evidentiary privileges, including the attorney-client privilege, work product doctrine, and/or the deliberative process and official information privileges. The Parties intend that all Joint Defense Communications shall remain privileged or protected when communicated to an y other Party or its elected officials, officers, partners, employees, agents, consultants, attorneys, representatives, or experts in accordance with the common purpose concepts in California Evidence Code § 912(d) and articulated in California Oak Foundation v. County of Tehama (2009) 174 Cal.App.4th 1217, Raytheon Co. v. Superior Court (1989) 208 Cal.App.3d 683, and Continental Oil Co. v. United States (9th Cir. 1964) 330 F.2d 347, and their progeny. Each of the Parties and counsel agree that all Joint Defense Communications they receive from any Party or its representative shall be treated and maintained by the receiving Party as privileged and confidential, and not disclosed to third parties, except as provided in this Agreement. b. Joint Defense Communications may be disclosed or transferred between any or all of the Parties orally or in writing and by any other appropriate means of communication. The Parties agree that all Joint Defense Communications shared pursuant to this Agreement shall be held in strict confidence by the Parties and by all persons to whom the Joint Defense Communications are disclosed and shall not be disseminated outside the Common Interest Group . All Joint Defense Communications received from Parties pursuant to this Agreement are subject to the joint defense and common interest privileges or protections and must be held in strict confidence by the receiving party and its counsel. The receiving party may disclose Joint Defense Communications only to its counsel, authorized representatives, and those of its board members, councilmembers, supervisors, directors, officers, employees, agents, independent contractors, consultants and retained experts who have a need to know. Each Party agrees that its independent contractors will agree to keep all Joint Defense Communications confidential in accordance with the terms of this Agreement before any Joint Defense Communications is provided to them . If a Party intends to disclose a Joint Defense
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4 Communication only to certain members of the Common Interest Group, the disclosing Party shall specify the members who are entitled to review or receive that information or document. All Parties agree that they will not share or disclose such Joint Defense Communications to any Party or person who is not designated by the disclosing Party.
c. A Joint Defense Communication that is exchanged in written or document form and that is intended to be confidential shall be marked “Confidential: Privileged Communication” or with a similar heading indicating confidentiality. To the extent possible, the header or footer should further list all other privileges and protections that may be applicable to the particular Joint Defense Communication, including the attorney-client privilege, work product doctrine, and/or the deliberative process and official information privileges. However, failure to mark or identify a Joint Defense Communication as “Confidential: Privileged Communication” or a similar heading shall not constitute a waiver of any applicable legal or evidentiary privilege or protection that may apply.
d. Waiver of the joint defense and common interest privileges or protections are effective only when all Parties unanimously agree to the waiver. Any Party (the “Disclosing Party”) may, without permission from the other Parties , use, for the Disclosing Party’ s own purposes, any information that the Disclosing Party disclosed to and shared pursuant to this Agreement. e. Any Party who receives Joint Defense Communications shall not disclose such Joint Defense Communications or the information imparted thereby to any other third party without the express prior written consent of the other Parties. Any unauthorized disclosure of any Joint Defense Communication to any third party shall not constitute a waiver of any applicable privilege or protection. However, no provision in this Agreement shall be construed to limit the right of any Party to disclose any documents or information that such Party obtained through means other than a Joint Defense Communication.
f. Although documents and information that are not otherwise privileged will not gain the protection of any privilege by virtue of being a part of a Joint Defense Communication, each Party shall treat the information as privileged and confidential and shall not disclose to third parties the fact that any particular document or information was shared through a Joint Defense Communication.
4. Permitted Use of Joint Defense Communications . All of the Parties acknowledge and agree that cooperation in the shared purpose s and objectives necessarily involves the communication and sharing of confidential information and further agree that their interests are not currently adverse with regard to the subject of this Agreement. They further agree that all Joint Defense Communications received from any other Party shall be used exclusively in connection with the Permit Proceedings. Joint Defense Communications shall not be used or be admissible in any phase of any pre -litigation or litigation involving cross-claims or claims for contribution or indemnity between or among any of the Parties if such claims arise from or relate to adverse claims.
5. Permitted Disclosures. In the event that any Party receives a third-party request or demand for Joint Defense Communications received pursuant to this Agreement, by California Public Records Act (“CPRA”) request, subpoena, request for production or otherwise, the Party receiving such request or demand shall, prior to making such disclosure: (a) notify the Parties
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5 pursuant to the notice provision herein; and (b) assert and exercise diligence in supporting the joint defense and/or common interest doctrines and preserve any and all potentially applicable privileges or other protections from disclosure of the Joint Defense Communications, unless such privileges and protections have been knowingly waived by the Parties or Party who provided the Joint Defense Communications. Each Party shall take reasonable steps necessary to permit the assertion of all applicable rights and privileges with respect to any Joint Defense Communication and shall cooperate fully with all other Parties in any judicial proceeding relating to the disclosure of any Joint Defense Communications. However, the Parties understand and acknowledge that all Parties can still comply with their legal obligations under the CPRA and other document production statutes, if any, without breaching this Agreement, and no Party is required to seek a protective order or otherwise incur legal expense in efforts to oppose such a disclosure of a Joint Defense Communication.
6. Injunction to Prevent Improper Disclosure. The Parties agree that the unauthorized or improper disclosure of Joint Defense Communications to third parties not covered by this Agreement will result in irreparable harm to the Parties. In the event a Party or former Party believes that another Party or former Party is preparing to disclose Joint Defense Communications to third parties not covered by this Agreement, the Party or former Party objecting to such disclosure may seek an injunction to prevent the disclosure of such Joint Defense Communications. Each Party represents and warrants that it will not, in the future, assert that such an injunction is not necessary on the grounds that there is an adequate remedy at law.
7. Joint Consultants or Experts . The Parties agree that if a consultant or expert is jointly hired by the Common Interest Group, or retained by an individual Party for a matter on which a common interest exists with respect to the Permit Proceedings, that consultant or expert is covered by the joint defense and/or common interest doctrines and that privileges or protections applicable to the consultant or expert’s work product or to any Party’s communications with the consultant or expert shall not be waived by sharing such work product or communications with other Parties to this Agreement. The Parties agree not to seek disqualification of consultants or experts engaged by any other Party or Parties in connection with any future action based solely on the exchange of information pursuant to this Agreement.
8. Good Faith. Each Party agrees to exercise good faith and diligence to implement this Agreement and to maintain the confidentiality of discussions and exchanged Joint Defense Communications consistent with the purposes of this Agreement and the intent of the Party providing the information.
9. Independent Efforts. Nothing in this Agreement shall be construed to restrict the right of a Party to undertake separate investigative efforts or legal research in the defense of any action relating to the Permit Proceedings or any a dverse claims related to them. Any Party undertaking such separate efforts shall be free to disclose or use the results of the separate and independent efforts in any manner that Party desires, without the consent of the Parties or any other Party.
10. Withdrawal or Settlement . Any Party may withdraw from this Agreement by delivering written notice to all other Parties, in accordance with Section 13 of this Agreement .
Alternatively, one or more Parties may conclude their involvement in the Permit Proceedings by
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6 reason of settlement or otherwise. Any voluntary withdrawal or settlement does not relieve any Party’s obligation to continue to protect the confidentiality of all Joint Defense Communications, as though all Parties were still active in the Permit Proceedings. Such withdrawal or settlement shall be effective on the date that notice is deemed delivered to all Parties under the notice provision herein. Any Party withdrawing from this Agreement shall no longer have any right of access to any Joint Defense Communications after the date of withdrawal. The withdrawing Party shall either return or destroy all copies of Joint Defense Communications in its possession and shall certify in writing that all such materials have been returned or destroyed, as may be the case. All obligations under this Agreement shall continue to apply to the withdrawing and remaining Parties with respect to any Joint Defense Communications made to or by the withdrawing Parties prior to withdrawal.
11. Termination. This Agreement shall terminate upon the earlier of the following occurrences: (a) conclusion of all Permit Proceedings evidenced by a final judgment or settlement of administrative or judicial actions related to the Final Permit; (b) upon unanimous written consent to terminate among all then-current Parties; or (c) withdrawal from this Agreement by all of the Parties.
12. Survival of Obligations. Each Party agrees that all obligations herein, including the obligation to protect the confidentiality of Joint Defense Communications under this Agreement, shall survive the withdrawal from or termination of this Agreement, by settlement or otherwise, and shall remain binding on all Parties notwithstanding their withdrawal or the Agreement’s termination, even if the interests of the Parties later become adverse, and regardless of whether the joint defense and/or common interest doctrines become inapplicable with respect to later communications between the Parties.
13. Notices. Except for changes in contact information, all notices under this Agreement must be in writing and must be sent by e-mail to the addresses set forth in Appendix A or hand-delivered or sent by registered or certified mail, postage pre-paid, return receipt requested, or by FEDEX or other nationally recognized overnight delivery service to each Party. Any notice shall be deemed delivered fi ve (5) business days after such mailing date, except that any notice hand-delivered or sent by e-mail or overnight delivery shall be deemed delivered one (1) business day after the dispatch date for overnight delivery service. Notices shall be addressed to each Party at the addresses shown for them in Appendix A , with a copy to i ts respective counsel of record .
Should the contact information for any Party change, then the Party shall provide written notification to all other Parties, either by e-mail or U.S. Mail within thirty (30) days of the change.
14. Engagement. Each Party agrees that it will not move to disqualify counsel from accepting future engagements unrelated to Permit Proceedings based solely upon counsel’s receipt of Joint Defense Communication. The Parties agree they will not seek to disqualify counsel from examining or cross-examining any Party who testifies at any proceeding, whether under a grant of immunity or otherwise, because of such attorney’s participation in this Joint D efense Agreement; and that such attorney may use any Joint Defense Communications provided by such Party while the Party was participating in this Agreement , but only consistent with the provisions of this Agreement. Each undersigned counsel to this Agreem ent represents that he or she has specifically advised his or her respective client of this clause and that such client has agreed to its provisions.
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7 15. Entire Agreement. This Agreement sets forth the entire agreement of the Parties with respect to the subject matter contained herein, and no other terms are binding on the Parties.
16. Modifications. Any modification to this Agreement must be in writing and signed by all of the then-current Parties. This Section does not apply to changes in a Party’s contact information.
17. Remedies. The Parties expressly acknowledge and agree that no adequate remedy is available at law for a breach of this Agreement and that in addition to any other remedies available, performance of this Agreement may be specifically ordered and/or a breach hereof may be enjoined, or both.
18. No Admission of Liability or Responsibility . No recital, term, and/or provision in this Agreement shall be construed as an admission of liability or responsibility relating to the adverse claims by any Party.
19. Additional Parties . Additional parties and their counsel may be added to the Common Interest Group with prior written acceptance of such addition by all Parties, which may be provided by e -mail from counsel for the Parties. The addition of a new Party is effected by completion of the “Additional Party Signature Page,” attached hereto, and delivery of the completed signature page to all other Parties.
20. No Relationships Created . Nothing in this Agreement shall be construed to (a) create an attorney -client relationship between any Party and/or counsel to any other Party; (b) create any agency relationship among the Parties and/or their counsel, including a joint venture or partnership ; or (c) affect the separate and independent representation of each Party by its respective counsel according to what each such counsel believes to be in the client’s best interests.
Each Party is responsible for directing its respective counsel and, to the extent the research or work product of any Party’s counsel is disclosed to other Parties in furtherance of the Parties’ common interest, such disclosure shall not waive any privileges or protections that apply to the work product, and shall not entitle any Party to move to disqualify the other Party’s counsel due to the performance of such work or because of information obtained in the course of such work.
21. Reservation of Rights and Claims . Notwithstanding any provision of this Agreement, each Party reserves all clai ms, causes of action, and any and all other rights it has or may have against any other Party, and the Parties do not intend or expect this Agreement to release or to waive those claims or rights.
22. Attorney’s Fees. Except by separate agreement, including but not limited to the Implementation Agreement, each Party shall be responsible for its own attorney’s fees related to this Agreement, any actions required under this Agreement, and actions during or related to the Permit Proceedings.
23. No Compensation. Except by separate agreement, including but not limited to the Implementation Agreement, no Party shall be entitled to any compensation, reimbursement or contribution from any other Party for the participation of its employees, officers, agents, or counsel in the Permit Proceedings.
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8 24. Jointly Drafted. The Parties agree that this Agreement was jointly drafted by each Party, and no inference or rule of construction shall be applied based on the assumption that any individual Party drafted any provision in this Agreement.
25. Counterparts and Signatures. The Parties agree that Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which together shall constitute one and the same instrument, and that a photocopy or facsimile may serve as an original.
If this Agreement is executed in counterparts, no signatory hereto shall be bound until both the parties have fully executed a counterpart of this Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
26. Severability. If any provision in this Agreement is deemed invalid or unenforceable, the balance of this Agreement shall remain effective and shall be enforced to the full extent permitted by law.
27. Authority. The undersigned individuals represent that they are authorized to execute this Agreement on behalf of their respective Parties.
28. Choice of Law. This Agreement will be interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law; venue shall be San Bernardino County.
WHEREFORE, the Parties below have executed and entered into this Agreement as of the date indicated and within the jurisdiction noted.
SAN BERNARDINO COUNTY AND
SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT
____________________________________
Tom Bunton
County Counsel
San Bernardino County and
San Bernardino County Flood Control District
Date: ______________________
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9 CITY OF BIG BEAR LAKE
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date: ____________________________
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10 CITY OF CHINO
By: ________________________________
Name:______________________________
Title:_______________________________
Date:
Approved as to Legal Form:
By: _________________________________
Name:_______________________________
Title:________________________________
Date:
Attest:
By: _____________________________
Name:
Title:____________________________
Date:____________________________
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11 CITY OF CHINO HILLS
By:_________________________________
Name:
Title: _______________________________
Date: _______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
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12 CITY OF COLTON
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: ________________________________
Name:______________________________
Title:
Date:_______________________________
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13 CITY OF FONTANA
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
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14 CITY OF GRAND TERRACE
By: _________________________________
Name:
Title:________________________________
Date:________________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: __________________________________
Name:________________________________
Title:
Date:_________________________________
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15 CITY OF HIGHLAND
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: _________________________________
Name:_______________________________
Title:
Date:________________________________
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16 CITY OF LOMA LINDA
By:_________________________________
Name:
Title: _______________________________
Date: _______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: __________________________________
Name:________________________________
Title:
Date:_________________________________
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17 CITY OF MONTCLAIR
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date: ____________________________
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18 CITY OF ONTARIO
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date: ____________________________
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19 CITY OF RANCHO CUCAMONGA
By: ________________________________
Name:______________________________
Title:
Date:_______________________________
Approved as to Legal Form:
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By:_____________________________
Name:
Title: ___________________________
Date: ___________________________
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20 CITY OF REDLANDS
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By: _____________________________
Name:
Title:____________________________
Date:____________________________
Approved as to Legal Form:
By: ________________________________
Name:______________________________
Title:
Date:_______________________________
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21 CITY OF RIALTO
By:_______________________________
Name:
Title: _____________________________
Date: _____________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By: _____________________________
Name:
Title:____________________________
Date:____________________________
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22 CITY OF SAN BERNARDINO
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:________________________________
Name:
Title: ______________________________
Date: ______________________________
Attest:
By: _____________________________
Name:___________________________
Title:____________________________
Date:____________________________
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23 CITY OF UPLAND
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By: _____________________________
Name:___________________________
Title:____________________________
Date:____________________________
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24 CITY OF YUCAIPA
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:________________________________
Name:
Title: ______________________________
Date: ______________________________
Attest:
By: ___________________________
Name:_________________________
Title:__________________________
Date:__________________________
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25 ADDITIONAL PARTY SIGNATURE PAGE
WHEREFORE, the Party below has executed and entered into this Common Interest, Joint Defense, and Confidentiality Agreement as of the date indicated.
Date:______________________ By:____________________________________ Name:______________________________
Title:_______________________________
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APPENDIX A:
PARTY CONTACT INFORMATION
Name and Address of Party and Counsel
Telephone and Facsimile
San Bernardino County
Jonathan Dillon, [email protected]
Elias Severo, [email protected]
825 East Third Street
San Bernardino, CA 92415
San Bernardino County Flood Control District
Arlene B. Chun, [email protected]
Anthony Pham, [email protected]
Chris Bland, [email protected]
825 East Third Street
San Bernardino, CA 92415
Meyers, Nave
Gregory J. Newmark, [email protected]
Viviana L. Heger, [email protected]
707 Wilshire Blvd., 24th Floor
Los Angeles, CA 90017
San Bernardino County Counsel
Sophie Akins, [email protected]
385 North Arrowhead Avenue, 4 th Floor
San Bernardino, CA 92415
(909) 387-8109
(909) 387-8109
(909) 387-0305 facsimile
(909) 387-8109
(909) 387-8109
(909) 387-8109
(909) 387-0305 facsimile
(213) 626-2906
(213) 626-0215 facsimile
(909) 387-5001
City of Big Bear Lake
Lynn Merrill, [email protected]
P.O. Box 10000
Big Bear Lake, CA 92315
[insert City Attorney]
(951) 217-1201 (mobile)
[insert ] facsimile
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2 Name and Address of Party and Counsel
Telephone and Facsimile
City of Chino
Ruben Valdez, [email protected]
Nathan Marlinski, [email protected]
13220 Central Ave.
Chino, CA 91710
[insert City Attorney]
(909) 334-3423
(909) 334-3345
(909) 334-3724 facsimile
City of Chino Hills
Nisha Wells, [email protected]
Andy Zummo, [email protected]
14000 City Center Drive
Chino Hills, CA 91709
[insert City Attorney]
(909) 364-2835
(909) 364-2792
[insert ] facsimile
City of Colton
Moises Peralta, [email protected]
Tanya Garcia, [email protected]
160 S. 10th Street
Colton, CA 92324
[insert City Attorney]
(909) 370-5065
(909) 370-5065
(909) 370-6104 facsimile
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3 City of Fontana
Abigail Gomez, [email protected]
Edwin Alonzo, [email protected]
8353 Sierra Ave.
Fontana, CA 92335
[insert City Attorney]
(909) 350-6772
(909) 428-8819
[insert ] facsimile
City of Grand Terrace
Lynn Merrill, [email protected]
Robert Eisenbeisz, reisenbeisz@grandterrace -ca.gov
22795 Barton Road
Grand Terrace, CA 92314
[insert City Attorney]
(951) 217-1201 (mobile)
(909) 824-6621, ext. 251
[insert ] facsimile
City of Highland
Melissa Morgan, [email protected]
Carlos Florez, [email protected]
27215 East Base Line
Highland, CA 92346
[insert City Attorney]
(909) 864-8732 x230
(909) 864-6861 x271
(909) 862-3180 facsimile
City of Loma Linda
T. Jarb Thaipejr, [email protected]
Jeff Peterson, [email protected]
25541 Barton Road
Loma Linda, CA 92354
[insert City Attorney]
(909) 799-4407
(909) 799-4407
(909) 799-2891 facsimile
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4 City of Montclair
Steve Stanton, [email protected]
Samantha Conteras, [email protected]
P.O. Box 2308
Montclair, CA 91763
[insert City Attorney]
(909) 625-9444
(909) 625-9447
[insert ] facsimile
City of Ontario
Alicia Espinoza, [email protected]
Nathan Pino, [email protected]
Raymond Lee, [email protected]
303 East B Street
Ontario, CA 91764
[insert City Attorney]
(909) 395-2188
(909) 395-2389
(909) 395-2104
(909) 395-2122 facsimile
City of Rancho Cucamonga
Linda Ceballos, [email protected]
Scott Rapp, [email protected]
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
[insert City Attorney]
(909) 774-4060
(909) 774-4064
(909) 477-2746 facsimile
City of Redlands
Aaron Ares, [email protected]
P.O. Box 3005
Redlands, CA 92373
[insert City Attorney]
(909) 798-7597 x5
(909) 798-7670 facsimile
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5 City of Rialto
Melanie Sotelo, [email protected]
Joe Rosales, [email protected]
Office: 1470 East Cooley Drive, Colton, CA 92324
City: 355 West Rialto Avenue, Rialto, CA 92376
[insert City Attorney]
(909) 835-0313 (mobile)
(909) 241-6212 (mobile)
[insert ] facsimile
City of San Bernardino
Ken Watson, [email protected]
Susan Pan, [email protected]
290 North “D” Street
San Bernardino, CA 92410
[insert City Attorney]
(909) 384-5154
(909) 384-5225
(909) 384-5080 facsimile
City of Upland
Nicole deMoet, [email protected]
Julian Chang, [email protected]
P.O. Box 460
406 N. Euclid Ave.
Upland, CA 91785
[insert City Attorney]
(909) 291-2970
(909) 291-2941
(909) 291-2774 facsimile
City of Yucaipa
Katrina Kunkel, [email protected]
Fermin Preciado, [email protected]
34272 Yucaipa Blvd.
Yucaipa, CA 92399
[insert City Attorney]
(909) 797-2489 x255
(909) 797-2489 x240
(909) 790-9203 facsimile
5050303.1
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Revenue: Expenditure: 5407350-43580
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: APRIL 5, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: AMENDMENT TO AGREEMENT NO. 2022 -081 FOR MAGNOLIA CHANNEL CLEANING AND MAINTENANCE.
RECOMMENDATION
1) Appropriate $7,500.00 from the unappropriated reserves of the Storm Drain Fund (540) for additional maintenance work at the Magnolia Channel; 2) approve an increase to the vendor cap for Oakridge Landscape, Inc. , in the amount of $17,500.00, for a total vendor cap amount not-to-exceed $64,914.60 for Fiscal Year 2021 -2022; 3) approve Amendment No. 1 to Agreement No. 2022 -081 with Oakridge Landscape, Inc., Valencia, CA, in an amount not -to- exceed $17,500.00 for add itional maintenance work at the Magnolia Channel between Kimball Avenue and Flowers Street; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation in the amount of $7,500.00 from the unappropriated reserves of the Storm Drain Fund (540). Sufficient funds are included in the FY21-22 maintenance budget for the remaining expenses.
10.11 CONSENT CALENDAR
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COUNCIL MEETING DATE: APRIL 5, 2022
SUBJECT: AMENDMENT TO AGREEMENT NO. 2022-081 FOR MAGNOLIA CHANNEL
CLEANING AND MAINTENANCE
PAGE 2
BACKGROUND
The City is responsible for the cleaning and maintenance of the Magnolia Channel between Kimball Avenue and Flowers Street. Maintenance work consists of debris and sediment removal and weed abatement along the channel bottom and sides. Maintaining the Magnolia Channel allows water to flow without obstructions, ultimately contributing to a decr ease in possible flooding during rain events. Maintenance of the Magnolia Channel also allows nuisance water to flow during dry weather periods without pooling, which can result in an increase in mosquito population if left unmaintained.
The current maintenance contractor is Oakridge Landscape, Inc., Valencia, CA. The agreement was administratively approved in July 2021 for an amount not -to-exceed $47,414.60. Although maintenance work was completed by the contractor in September 2021, staff has identified additional maintenance work required in the channel during this fiscal year.
ISSUES/ANALYSIS
City Council authorization is required when the combined total of purchase orders and agreements to one vendor exceeds $50,000. Staff’s recommendation of amendi ng the agreement in the amount of $17,500.00 will exceed the $50,000.00 threshold. If approved by City Council, the agreement will be revised for a potential agreement amount not -to-exceed $64,914.60.
Therefore, staff recommends that the City Council appro priate $7,500.00 from the unappropriated reserves of the Storm Drain Fund (540). Additionally, staff recommends an increase to the vendor cap for Oakridge Landscape, Inc., in the amount of $17,500.00, for a total vendor cap amount not -to-exceed $64,914.60 for Fiscal Year 2021 -2022. Staff further recommends that the City Council approve Amendment No. 1 to Agreement No. 2022 -081 with Oakridge Landscape, Inc., Valencia, CA, in an amount not -to-exceed $17,500.00 for additional maintenance work at the Magnolia Channel between Kimball Avenue and Flowers Street.
Attachment: Oakridge Landscape, Inc. - Agreement Amendment No. 1
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Project Name/No.: Magnolia Channel Cleaning and Contract No.: 2022-081 A1 Maintenance
Project Manager: PWS/ D. McAbee Approved: ______________
AMENDMENT NO. 1
TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and Oakridge Landscape, Inc. (“Contractor”) is effective as of the 5th day of April, 2022.
RECITALS
A. City and Contractor entered into that certain Agr eement for Contractual Services dated July 1 st, 2021 (“Agreement”) whereby Contractor agreed to provide Magnolia Channel Cleaning and Maintenance, Public Works Department Services Division.
B. City and Contractor now desire to amend the Agreement to increase compensation for additional Magnolia Channel maintenance work in fiscal year (2021-2022).
TERMS
1. Contract Changes. The Agreement is amended as provided herein. (a) Article II, Compensation, is hereby revised to increase the Contract Sum by Seventeen Thousand Five Hundred Dollars and Zero Cents ($17,500.00) to provide for additional Magnolia Channel maintenance work during fiscal year 2021-2022 and shall read in its entirety as follows:
“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 t hat may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total annual contract amount of Forty -Seven Thousand Four Hundred Fourteen and 60/100 Dollars ($47,414.60) for completion of the contract work. In addition, City may, but is not required to, pay to Contractor a sum not to exceed Seventeen
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Thousand Five Hundred Dollars and Zero Cents ($17,500.00) for unanticipated work approved in writing by the City for a total contr act amount not -to-exceed Sixty-Four Thousand Nine Hundred Fourteen and 60/100 Dollars ($64,914.60) for services rendered during Fiscal Year 2021- 2022.”
2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Contractor each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment, Contractor is not in default of any ma terial term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. 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 e ntering 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 executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Matthew C. Ballantyne, City Manager
ATTEST:
Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ ____________________________________ Fred Galante, City Attorney Amer Jakher, P.E., Director of Public Works
CONTRACTOR:
OAKRIDGE LANDSCAPE, INC.
By:
Name:
Title:
By:
Name:
Title:
Address: _________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATU RES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On ________ __________, 20 22 before me, ________ _________________________, personally appeared ___________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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Revenue: Expenditure: 3207170-48003-MS181 | 3227190-48003-MS202 | 3277102-48003-ST221 | 5307340-48003-SW211
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: APRIL 5, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: PROFESSIONAL SERVICES AGREEMENT - GEOTECHNICAL SERVICES FOR VARIOUS CIP PROJECTS.
RECOMMENDATION
1) Approve an increase to the vendor cap for Geo -Advantec, Inc. of San Dimas, CA, in the amount of $62,568 for a total vendor cap amount not -to-exceed $135,141 for Fiscal Year 2021- 2022; 2) approve a Professional Service Agreement with Geo-Advantec, Inc. of San Dimas, CA for Geotechnical monitoring and materials testing and inspection services for the project Local Street Overlay & Accessibility Ramp Upgrades (MS181) and Chino Avenue (MS202) and Norton Avenue (ST221) Accessibility Ramp Upgrades in an amount of $33,100.00; 3) approve a Professional Service Agreement with Geo -Advantec, Inc. of San Dimas, CA for Geotechincal monitoring and materials testing and inspection services for Yorba Avenue and Eucalyptus Avenue Sewer Replacement (SW211) in the amount of $23,780; 4) authorize a contingency in an amount not -to-exceed $3,310 for MS181, ST221, and MS202 and $2,378 for SW211 for contingencies bringing the total potential agreement amount to $36,410 and $26,158 respectively; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
There are sufficient funds included in the FY 2021-22 Capital Improvement Program for projects MS181, ST221, MS202, and SW211.
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COUNCIL MEETING DATE: APRIL 5, 2022
SUBJECT: PROFESSIONAL SERVICES AGREEMENT - GEOTECHNICAL SERVICES FOR
VARIOUS CIP PROJECTS
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BACKGROUND
The City’s Fiscal Year 2021/22 Capital Improvement Program (CIP) includes projects that require geotechnical construction support. The Public Works Department is currently managing several CIP projects that are now in the construction phase. Some of these pr ojects include Local Street Overlay & Accessibility Ramp Upgrades (MS181), Chino Avenue (MS202), and Norton Avenue Accessibility Ramp Upgrades (ST221), and Yorba Avenue and Eucalyptus Avenue Sewer Replacement (SW211).
The scope of work for the Yorba Avenue and Eucalyptus Avenue Sewer Replacement (SW211) project includes the replacement and upsizing of sewer pipes. The geotechnical consultant will perform geotechnical material testing of type II slurry seal, asphalt pavement, and utility trench backfill test compaction to achieve the requirements set forth in the specifications and contract documents for SW211.
The scope of work for Local Street Overlay & Accessibility Ramp Upgrades (MS181) and Chino Avenue (MS202) and Norton Avenue (ST221) Accessibility Ramp Upgrades includes reconstruction of the curb ramps at the Tronkeel Avenue, Chino Avenue curb ramps, and Norton Avenue Cul-de-sac curb ramp improvements. Constructing these two improvements will give the public safe and compliant crosswalks, sidewalks, and curb ramps. The geotechnical consultant will perform geotechnical field testing to achieve the requirements set forth in the specifications for MS181, MS202, and ST221.
ISSUES/ANALYSIS
On December 17, 2021, Public Works staff solicited proposals via its Informal Request for Proposal (RFP) process from engineering firms for On -Call Geotechnical Engineering Services for the SW211 Project. On January 6, 2022, the City received four (4) proposals in response to the Informal Request for Proposals. An evaluati on was performed of the proposals and ranked based on the following criteria: qualifications of the firm including organization, experience, firm profile, personnel/staffing plan, understanding of the assignments, and demonstrated technical ability. All of the engineering firms were from a Pre-Qualified On-Call Engineering list for use on future projects.
Staff evaluated the SW211 proposals based on the criteria outlined in the Informal RFP, it was determined that Geo-Advantec, Inc. (“GAI”) has the knowledg e and experience required for the scope of the project following the evaluation review. The proposals from all qualified firms ranged from $23,780 to $44,996. Below are the tabulated results from the procurement process:
RANK CONSULTANT LOCATION
1 Geo-Advantec, Inc. San Dimas, CA
2 Koury Engineering and Testing Chino, CA
3 Geotek, Inc. Corona, CA
4 Geocon West, Inc. Murrieta, CA
It is staff's recommendation that the City Council approve a Professional Services Agreement in
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SUBJECT: PROFESSIONAL SERVICES AGREEMENT - GEOTECHNICAL SERVICES FOR
VARIOUS CIP PROJECTS
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the amount of $23,780 to G eo-Advantec, Inc., of San Dimas, CA for Geotechnical Construction Support for the Yorba Avenue and Eucalyptus Avenue Sewer Replacement (SW211). Staff also recommends that the City Council authorize the City Manager to approve expenditures of up to $2,378 for SW211 contingencies, bringing the total potential agreement amount not -to-exceed $26,158.
Project No. SW211
Project Task Budget Amount
Geotechnical Services $23,780
Contingency (10%) $2,378
EST. PROJECT COST TOTAL $26,158
On February 9, 2022, Pub lic Works staff solicited proposals via its Informal Request for Proposal process from engineering firms for On -Call Geotechnical Engineering Services for the MS181, MS202, and ST221 projects. On February 18, 2022, the City received four (4) proposals in response to the Informal Request for Proposals. An evaluation committee reviewed the proposals and ranked them based on the following criteria: qualifications of the firm including organization, experience, firm profile, personnel/staffing plan, project ref erences, understanding of the assignments, work plan, and demonstrated technical ability. All of the engineering firms were from a Pre-Qualified On-Call Engineering list for use on future projects.
All proposals had the required scope of work, tasks, and a ssociated services with various improvements. The proposals from all qualified firms ranged from $28,338 to $51,849. Although the selected firm was not the lowest cost, staff elected Geo-Advantec, Inc., as the most qualified firm due to their ability to best meet the required scope of services. The final ranking of the firms is shown below.
RAN
K
CONSULTANT LOCATION
1 Geo-Advantec, Inc. San Dimas, CA
2 Moore Twining Associates, Inc. Riverside, CA
3 Leighton Consulting, Inc Rancho Cucamonga,
CA
4 Geocon West, Inc. Redlands, CA
Therefore, staff recommends that City Council approve a Professional Services Agreement in the amount of $33,100 to Geo -Advantec, Inc., of San Dimas, CA for Geotechnical monitoring and materials testing and inspection services for project Local Street Overlay & Accessibility Ramp Upgrades (MS181) and Chino Avenue curb ramps (MS202) and Norton Avenue Cul -de- sac (ST221) curb ramp improvements. Staff also recommends that the City Council authorize the City Manager to approve expenditu res of up to $3,310 for MS181, MS202, and ST221
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contingencies, bringing the total potential agreement amount not-to-exceed to $36,410.
Project No. MS181, MS202, AND ST221
Project Task Budget Amount
Geotechnical Services $33,100
Contingency (10%) $3,310
EST. PROJECT COST TOTAL $36,410
Staff further recommends that the City Council approve an increase to the vendor cap for Geo - Advantec, Inc., in the amount of $62,568, for a total vendor cap amount not -to-exceed $135,141.
Attachments: Professional Services Agreement - GAI for SW211 Professional Services Agreement - GAI for MS181, MS202, and ST221
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Project Name/No.: On-Call Geotechnical Engineering Contract No.:______________ Services (Project SW211)
Project Manager: Natalie Ávila Approved:______________
01225.0001/458446.1 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
GEO-ADVANTEC, INC.
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 5TH day of April, 2022 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Geo-Advantec, Inc. (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services
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described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required he reunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first - class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq ., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements o f Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Contractor shall pay prevailing wages to the extent required by Labor C ode Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
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of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any publ ic work done pursuant to this Agreement by Contractor or by any subcontractor.
(d) Payroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticesh ip program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more tha n eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of th e Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will
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comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are r eceived from the Project Manager.
1.7 Software and Computer Services.
If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is
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relying on the representation by Consultant as a material consideration in entering into this Agreement.
1.8 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance o f the work by City, except such losses or damages as may be caused by City’s own negligence.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Services.
City shall have the right , subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work , and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Counc il unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services.
Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shal l be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
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2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Twenty-Three Thousand Seven Hundred and Eighty Dollars ($23,780) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion ; (ii) payment in accordance with specified tasks or the percentage of completio n of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract re tention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meeti ngs to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate services performed by more than one person.
All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services. (c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
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(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.
Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and r esubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
2.6 Contingency of Funds.
Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services her eunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of t his Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than December 30, 2022, except as otherwise provided in the Schedule of Performance ( Exhibit “D”).
This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Shawn Arianna President
(Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be the Civil Engineering Manager or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its age nts or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of
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Consultant in its business or otherwise or a joint venture or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No app roved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be perf ormed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
I Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be b efore the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
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(d) Workers’ compensation insurance . Consultant sha ll maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
I Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensa tion. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
I Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
I Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of Ca lifornia, with an assigned policyholders’ Rating of A - (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrog ation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or ot hers providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, li mits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City wi th a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limita tions. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and C onsultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys ’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendere d against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
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(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses i ncurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wron gful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City ’s sole negligence or will ful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, an d access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
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will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providi ng design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unl ess requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or co urt order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
I If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
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(d) Consultant shall promptly notify City s hould Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authoriz es City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
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 waiv er 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 Consultant 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.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ____________________________________ ($___________) as liquidated damages for each working day of delay in the performance of any service required hereunder . The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this
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Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder excep t such as may be specifically approved by the Project Manager . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any paymen ts to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney ’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which
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may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an offi cer, employee, agent or sub contractor without the express written consent of the Project Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which a ffects her/his financial intere st or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant 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.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, s ex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
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and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with t he 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.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, i f any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requ irement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invali d or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is di rectly or indirectly
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interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in t he payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and un derstands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
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 Agreem ent, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
///
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Matthew C. Ballantyne, City Manager
ATTEST:
Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ ________________________________ Fred Galante, City Attorney Amer Jakher, Director of Public Works
CONSULTANT:
GEO-ADVANTEC, INC.:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CON SULTANT’S SIGNATU RES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20__ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20__ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.
II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
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EXHIBIT “A-1”
SCOPE OF SERVICES – CON’T
Project Understanding (SW211):
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 7.7, Liquidated Damages, is hereby deleted in its entirety.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.
II. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.
III. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
IV. The Ma ster Schedule of Rates and Terms of Conditions of the Proposal dated December 20, 2021 shall be valid for the duration of contract.
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EXHIBIT “C-1”
Not -to-Exceed for Project SW211 = $23,780.00
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the following schedule:
*Finalized deadline dates will be contingent upon actualized construction schedules, which shall be approved by the Project Managers in writing. Consultant will coordinate with City and Project staff to ensure timely completion of services and adherence to approved task schedules.
II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
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Project Name/No.: On-Call Geotechnical Engineering Contract No.: ______________ Services (Project MS181, MS202,
And ST221)
Project Manager: Maria Fraser Approved: ______________
01225.0001/458446.1 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
GEO-ADVANTEC, INC.
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 5th day of April, 2022 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Geo-Advantec, Inc. (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Inv itation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for per formance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and condi tions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, a nd professional manner, and is exp erienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability,
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experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phr ase “highest professional standard s” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having j urisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et s eq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq ., and all other appli cable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2 , Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed u nder this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Contractor shall pay prevailing wages to the exte nt required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agree ment, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
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(c) Penalty for Failure to Pay Pre vailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailin g wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be re sponsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any a pplicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Con tractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Pa rt 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensatio n for all hours worked in excess o f 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees i f it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for w orkers' compensation or to
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undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (comme ncing with Section 1720) of the Ca lifornia Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontract or's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her work ers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such lic enses, permits and approvals as ma y be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may b e imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levi ed, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.
1.7 Software and Computer Services.
If the Scope of Services in cludes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by
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Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowle dges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
1.8 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreemen t to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until accep tance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good f aith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Services.
City shall have the right , subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make cha nges by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work , and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of Cit y Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Sect ion shall not apply to services sp ecifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shal l be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimburseme nt for actual expenses, shall not exceed Thirty-Three Thousand One Hundred Dollars and Zero Cents ($33,100.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.
All invoices shall be submitted by email to [email protected]. Each invo ice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
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(c) Line items for all oth er approved reimb ursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of t he Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.
Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performe d or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Co nsultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period . In the event any charges or expenses are disputed by City, the original invoice shall be r eturned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work perfo rmed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
2.6 Contingency of Funds.
Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State bud get approval; rec eipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the f ault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/o r acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusi ve upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services , which shall be no later than December 30, 2022, except as otherwise provided i n the Schedule of Performance (Exhibit “D”). This Agreement may be renewed by a written amendment for up to an additional two (2) years (s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Shawn Arianna President
(Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a su bstantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting suff icient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibil ities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to main tain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s sta ff and subcontractors, if any, assigned to pe rform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any ma nner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to r etirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be the CIP Engineering Manager or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which mu st be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City requir ed hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents o r employees, perform the services required here in, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that ro le. Consultant
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shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or oth erwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, ass igned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder sha ll include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unap proved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultan t’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insu rance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occu rrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connecti on with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) ins urance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregat e. Any policy inception date, continuity date, or retroactive date must be before the effective date of this
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Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensat ion insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall includ e all subcontractors as insureds under its poli cies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be requi red in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage require d herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on fi le with City at all times during the term of th is Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for in juries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consu ltant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. An y umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insu rance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain th e insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an
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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverag e maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically all ow Consultant or others providing insurance evi dence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any re quirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limi ts or other requirements, or a waiver of any co verage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (exce pt for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to pr ovide that City and its officers, officials, em ployees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitati ons. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
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(m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, pr ovide the same minimum insurance coverage and e ndorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of t his section. Consultant agrees that upon reques t, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the a mounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Con sultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a d eductible. Self-insurance will not be considere d to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result f rom Consultant’s performance under this Agreeme nt, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kind s of insurance, which in its own judgment may b e necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employe es and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful mi sconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connectio n with any of said claims or liabilities and wi ll pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligen t performance of or failure to perform the work , operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but n ot limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnify Cit y hereunder therefore, and failure of City to m onitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful m isconduct of Consultant in the performance of p rofessional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabil ities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduc t of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subco ntractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
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6.2 Reports.
Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Ag reement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensat ion as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other pr ojects and/or use of uncompleted documents with out specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assign ment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employee s, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, t estimony at depositions, response to interrogat ories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
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(c) If Consultant, or any offic er, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, comp laint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and g overned 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 exclusive ly in the Central District of California, in the County of San Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue comp ensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in w hich Consultant may cure the default. This time frame is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agre ement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
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dispute hereunder or which are ne cessary to compensate City for any losses, cost s, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from an y payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
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 s hall 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 Consultant 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.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obta in declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuan t to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a bre ach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ____________________________________ ($___________) as liquidated damages for each working day of delay in the performance of any service requir ed hereunder. The City may
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withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, wi th or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services her eunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the term inating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required here under exceeds the compensation herein stipulate d (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whet her legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney ’s fees shall be entitled to al l other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
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8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any def ault or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principa l of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services und er this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub contractor without the express written consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which a ffects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, d irectly or indirectly, interested, in violation of any State statute or regulation. The Consultant 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.
8.3 Covenant Against Discrimination.
Consultant covenants that, b y and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of ra ce, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that e mployees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized alien s for the performance of work and/or services c overed by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any a nd all costs, including attorneys ’ fees, incurred by City.
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to gi ve to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in acc ordance 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.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understan dings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that t his requirement for written modifications canno t be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declare d invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
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No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this A greement which may affect his/her financial int erest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s) he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091 .5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, considerati on, or other thing of value as a result or cons equence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other t hing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and under stands that any such act(s), omission(s) or oth er conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
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 provision s of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Matthew Ballantyne, City Manager
ATTEST:
Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Amer Jakher, Director of Public Works
CONSULTANT:
GEO-ADVANTEC, INC.:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman o f the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CON SULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01225.0001/458446.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20 22 before me, ________________, per sonally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaci ty(ies), and that by his/her/their signature(s) on the instrume nt the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoin g paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01225.0001/458446.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20 22 before me, ________________, personally appeared __ ______________, proved to me on the basis of satisfactory evide nce to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that b y his/her/their signature(s) on the instrument the person(s), o r the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01225.0001/458446.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.
II. All work product is subject to review and acceptance by the City, and must be revised by the Co nsultant without additional charge to the City until found satisfactory and accepted by City.
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EXHIBIT “A-1”
Scope of Work for Project No. ST221 & MS202
PROJECT UNDERSTANDING
At the time of preparation of this proposal, the following documents have been provided for our review and use:
• An RFP for the project, with plans labeled not for construction.
Based on the review performed on the provided document, it is our understanding that the project involves upgrading ADA accessibility ramps at Chino Avenue i ntersections with 16 th, 17 th and 19 th Streets and the intersection of Norton Avenue and Concord Ct. The project will also include the re moval and replacement of existing curb and gutter and sidewalks. Our scope will include the following:
• Provide field monitoring, testing and inspection for the street pavement works. • Perform laboratory tests on subgrade, base and asphalt materials. • Prepare and submit daily inspection reports.
During construction, GAI will provide geotechnical and materials inspection and te sting and will perform continuous and periodic inspections. Our onsite presence will be based on the direction we receive from the project authorities.
At this time, no construction schedule was available for our use in preparation of our estimate and our proposed fee is being prepared by a rough quantity take -off using the provided RFP and might be subjected to change. A more accura te cost estimate could be provided upon availability of the construction schedule. However, our service is based on time and m aterial, and it will be provided on an on-call basis.
In addition, the accuracy of the provided estimate can be affected by:
• Contractor and subcontractor’s efficiency and sequencing of events/work tasks. • Amount of services required by the jurisdictional agency. • Amount of calls we receive from the Client or their representative to provide our services. • Weather conditions and other unforeseen delays.
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Scope of Work for Project No. MS181
PROJECT UNDERSTANDING
At the time of preparation of this proposal, the following documents have been provided for our review and use:
• An RFP with the site location and scope of work.
Based on the review performed on the provided documents, it is our understanding that the project involves overlay and accessibility ramp upgrades for Serene Avenue from Benson Avenue to Oaks Avenue and 16th, 17th and 18th streets from Serene Avenue to Tronkeel Avenue. No plans were available for this project. Our scope will include the following:
• Provide field monitoring, testing and inspection for the street pavement works. • Perform laboratory tests on subgrade, base and asphalt materials. • Prepare and submit daily inspection reports.
During construction, GAI will provide geotechnical and materials inspection and testing and will perform continuous and periodic inspections. Our onsite presence will be based on the dire ction we receive from the project authorities.
At this time, no construction schedule or plans were available for our use in preparation of our estimate and our proposed fee is being prepared by a rough quantity take -off using the provided site location map and RFP working days given for the project and might be subjected to change. A more accurate cost estimate could be provided upon availability of the construction schedule. However, our service is based on time and material, and it will be provided on an on-call basis.
In addition, the accuracy of the provided estimate can be affected by:
• Contractor and subcontractor’s efficiency and sequencing of events/work tasks. • Amount of services required by the jurisdictional agency. • Amount of calls we receive from the Client or their representative to provide our services. • Weather conditions and other unforeseen delays.
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 7.7, Liquidated Damages, is hereby deleted in its entirety.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.
II. Within the budgeted amounts for each Task, and with the approva l of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.
IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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EXHIBIT “C-1”
Cost Breakdown for ST221 and MS202
Not-to-exceed for Project ST221 & MS202 = $12,100.00
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Cost Breakdown for MS181
Not-to-exceed for Project MS181 = $21,000.00
Not-to-exceed aggregate contract amount = $33,100.00
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EXHIBIT “D”
S
CHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
*Finalized deadline dates will be contingent upon actualized construction schedules, which shall be approved by the Project Managers in writing. Consultant will coordinate with City and Project staff to ensure timely completion of services and adherence to ap- proved task schedules.
II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
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Revenue: Expenditure: 3207100-40000-ST061
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: APRIL 5, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: PINE AVENUE CONNECTOR EXTENSION PROJECT.
RECOMMENDATION
Approve a letter agreement in the amount of $60,000 to Southern California Edison for payment of advanced fees for the design of the transmission lines related to the Pine Avenue Connector Extension Project (ST061) and authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2021-22 Capital Improvement Program Budget for Project No. ST061.
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COUNCIL MEETING DATE: APRIL 5, 2022
SUBJECT: PINE AVENUE CONNECTOR EXTENSION PROJECT
PAGE 2
BACKGROUND
The Pine Avenue Connector Extension Project (ST061) is a major r oadway project which will extend Pine Avenue from State Route (SR) 71 to its intersection with El Prado Road, ultimately improving the existing roadway between El Prado Road and Euclid Avenue (SR 83). The eventual construction of this four -lane urban arter ial will fulfill the City of Chino’s Circulation Elements objective and will provide traffic relief to Euclid Avenue and Central Avenue interchange at SR 71, in which staff is currently finalizing the design.
In July 2020, staff initiated discussions with Southern California Edison (SCE) for relocation of its facilities and requested SCE to provide relocation plans of the affected transmission and distribution lines within the construction scope. A $50,000 advance design fee was required and paid to SCE to initiate the design for the relocation of the distribution lines.
Additionally, SCE has 220KV transmission lines that cross the alignment of Pine Avenue near its connection with SR-71. Said lines span between two (2) large transmission towers and must be raised to accommodate the new roadway, which will be approximately 30 -feet higher than the current elevation to connect to SR -71. Staff has been coordinating efforts with SCE's Distribution and Transmission groups. Recently, several options were discussed to determine the best way to address the transmission line conflict. SCE's staff concurred on the best design approach to address the conflict and are ready to begin the design. The solution will entail the installation of a Tubular Steel Pipe (TSP) between the two (2) existing transmission towers.
After reviewing their efforts for the design, SCE is requesting an advance payment of $60,000 for design of the transmission lines. It should be noted that these design efforts encompass the Pine Avenue segment east of Euclid Avenue.
ISSUES/ANALYSIS
City Council authorization is required for agreements that exceed $50,000. Therefore, staff is recommending that the City Council approve a letter agreement in the amount of $60,000 for payment of advanced fees for the design of transmission lines.
Attachment: Request for Engineering Advance Letter from SCE
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George Perez
Construction & Technical
Support - Project Management
Sr. Project Manager
March 15, 2022
Maria Fraser
City of Chino
13220 Central Avenue
Chino, CA 91710
Project Location: Pine Ave. Chino, CA
Dear Maria Fraser:
Subject: Request for Engineering Advance
Project ID # 2175
Southern California Edison Company (“SCE”) requires an engineering advance in the amount of $60,000.00 to proceed with the following activities: designing a relocation plan for SCE’s Transmission facilities affected by your project, preparing a cost estimate for the proposed relocation plan, and related activities (hereinafter, “Design and Estimation”).
You agree to pay to SCE the actual costs incurred in the course of Design and Estimation, recognizing that the actual costs may differ from the amount above. If this project is cancelled, SCE will calculate the actual costs SCE has incurred through the date of cancellation and provide you with a final invoice. If the actual costs exceed the amount of the engineering advance, you agree to pay SCE the difference. If the actual costs are less than the engineering advance, SCE will deduct the actual costs from the engineering advance, and will refund the difference to you. If the project is not cancelled, any unused funds from the engineering advance will be applied to the total actual cost of the project.
Please issue your payment in the above-described amount payable to Southern California Edison, and forward it to the Accounts Receivable address indicated on the enclosed Invoice, or follow the instructions on the Invoice for making a wire or ACH payment.
Please return a countersigned copy of this letter agreement to my office at the following address: 10060 Telegraph Rd., Ventura , CA 93004.