Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to t he City Council Chambers .
Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disab ilities Act or for any other reason, please contact the City Clerk’s Office (909) 334 -3306, at least 48 hours prior to the advertised starting time of the meeting.
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during normal business hours 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 MAY 3, 2022
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
AGENDA
ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Member Karen C. Comstock, Council Member Christopher Flores, Council Member Walt Pocock.
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 that 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: 12931 Central Avenue (102004 -307-0000); 12921 and 12923 Central Avenue (102004-308-000)
Agency Negotiator: Anthony Arroyo, Interim City Manager Negotiating Parties: Chong Su Yi and Randy K. Yi
Under Negotiations: Price and terms of potential acquisition
CHINO CITY COUNCIL
MAY 3, 2022 2
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pu rsuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
FLAG SALUTE
REPORT OUT OF CLOSED SESSION
AGENDA ADDITIONS/REVISIONS
PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.
PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council pol icy and Brown Act requirements, action will not be taken on any issu es 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 759700 to 759889, and Electronic Fund Transfers 515007E to 515079E, totaling $4,544,957.43.
2. Minutes. Regular Meeting of April 19, 2022 (Ulloa absent).
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting Ci ty Council business related expenses incurred by the City and forecast of future events and trainings.
4. Vendor Cap Increase and Amendment to Purchase Orders with M.K. Smith Chevrolet. Approve a vendor cap increase for M.K. Smith Chevrolet, Chino, CA, i n the amount of $52,645.00, for a revised FY21 -22 vendor cap amount not -to-exceed $464,662.12 and approve ame ndment to five (5) purchase orders.
5. Adoption of Ordinance Nos. 2022 -005 and 2022 -006 pertaining to Development Impact Fees (Second Reading). Adoption of Ordinance Nos. 2022 -005 and 2022-006, amending the Chino Municipal Code, Chapters 3.40 and 3.45 Development Impact Fees and adjusting The Preserve Resources Management Plan Mitigation Fee.
ORDINANCE No. 2022-005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTERS 3.40 & 3.45 OF THE CHINO MUNICIPAL CODE RELATING TO
DEVELOPMENT IMPACT FEES FOR THE GENERAL CITY AND THE PRESERVE TO
CHINO CITY COUNCIL
MAY 3, 2022 3
INCORPORATE UPDATES TO THE 2017 DEVELOPMENT IMPACT FEE NEXUS AND
CALCULATION REPORT AND MASTER FACILITIES PLAN, AND UPDATE THE STANDARD
PROCEDURES PERTAINING TO THE FEE CALCULATIONS FOR ACCESSORY DWELLING UNITS.
ORDINANCE No. 2022-006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, ADJUSTING THE PRESERVE RESOURCES MANAGEMENT PLAN MITIGATION FEE.
6. Adoption of Ordinance No. 2022 -007, AB 481 - "Military Equipment" Funding, Acquis ition, and Use Policy (Second Reading) . Adopt Ordinance No. 2022 -007 on second reading, approving the Chino Police Department's "Military Equipme nt" Use Policy per the requirements of Assembly Bill 481.
ORDINANCE NO. 2022-007
AN ORDINANCE OF THE CITY CO UNCIL OF THE CITY OF CHINO, CALIFORNIA, APPROVING THE CHINO POLICE DEPARTMENT'S "MILITARY EQUIPMENT" USE POLICY PER THE REQUIREMENTS OF ASSEMBLY BILL 481.
M _____ S _____ RC _____
NEW BUSINESS
7. Cooperative Agreement for East End Avenue Rehabilitatio n. Consider establishing Capital Improvement Project R7221 and approve a Cooperative Agreement with the County of San Bernardino County for the East End Avenue Rehabilitation Project.
Staff Report by: Maria Fraser, CIP Engineering Manager.
RECOMMENDATION: 1) Establish a Reimbursement Project No. R7221; 2) appropriate $539,000.00 from the Measure I Fund (322) with a corresponding increase in the same amount to Project No. R7221 - East End Avenue Rehabilitation Project; 3) approve a Cooperative Agreement with the County of San Bernardino for the East End Avenue Rehabilitation Project; 4) authorize a reimbursement in the amount of $235,000.00 to the Cou nty of San Bernardino; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.
M _____ S _____ RC _____
8. Appropriation of Funds: MS181 - FY2021-22 Local Street Overlay - Tronkeel-16th, 17th, 18th .
Appropriation of funds to Project No. MS181 and approve Change Order No. 1 to Contract No. 2022-259 with PALP dba Excel Paving to include an additive alternate bid item.
Staff Report by: Maria Fraser, CIP Engineering Manager.
RECOMMENDATION: 1) Appropriate $134,750.00 from the Measure I Fund (322) with a corresponding increase to Project No. MS181, for a revised project budget of $1,787,576.52; 2) approve Contract Change Order No. 1 to Contract No. 2022-259 with PALP dba Excel Paving to include an additive alternate bid item; and 3) authorize the Interim City Manager to execute the necessary documents on behalf of the City.
M _____ S _____ RC _____
CHINO CITY COUNCIL
MAY 3, 2022 4
MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to rep ort on prescheduled Council Committee Assignment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.
Mayor Ulloa
Mayor Pro Tem Lucio
Council Member Comstock
Council Member Flores
9. Community Support Contributio ns. Approve a community support fund contribution in the amount of $250 to Rancho Del Chino Rotary Club.
Report by: Council Member Flores.
RECOMMENDATION: Approve community support fund contribution to Rancho Del Chino Rotary Club in the amount of $250.
M _____ S _____ RC _____
Council Member Pocock
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, May 17, 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 Wednesday, April 27, 2022, this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction. Additionally, on Thursday, April 28, 2022, item number 9 was added, and the agenda was reposted and uploaded to the City’s website.
_______________________________________
Angela Robles, City Clerk.
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: MAY 3, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.
RECOMMENDATION
Approve expenses as audited and within budget for warrants 759700 to 759889, and Electronic Fund Transfers 515007E to 515079E, totaling $4,544,957.43.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 21-22 Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
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COUNCIL MEETING DATE: MAY 3, 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. 759700 – 759789 3/31/22 21-22 $1,132,898.11
2. 759790 – 759889 4/7/22 21-22 $1,005,491.02
3. 515007E – 515045E 4/1/22 21-22 $1,461,341.68
4. 515046E – 515079E 4/8/22 21-22 $945,226.62
*Denotes handwritten warrant
E: Electronic Fund Transfers
TOTAL $4,544,957.43
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
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Council Meeting 5/3/22
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
759758 03/31/2022 MORTON SALT, INC. BULK SALT PURCHASE $92,146.42 759760 NORSTAR PLUMBING & ENGINEERING, INC. BRINE LINE CONSTRUCTION $676,501.93 515015 04/01/2022 CHINO BASIN DESALTER AUTHORITY WATER PURCHASES $1,365,811.00 759848 04/07/2022 MOTOROLA COMMUNICATIONS CENTER 800MHZ RADIO SYSTEM $321,496.19 759874 SO. CAL EDISON CO. SERVICE PERIOD 03/02-03/30 $210,932.27 759886 WASTE MANAGEMENT COLLECTION SERVICES $83,010.58 515062 04/08/2022 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $729,801.03 515071 SIEMENS MOBILITY, INC. TRAFFIC SIGNAL MAINTENANCE $84,064.13
8 TOTAL $3,563,763.55
9.1.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 APRIL 19, 2022
CLOSED SESSION – 6:30 PM
OPEN SESSION – 7:00 PM
MINUTES
CALL TO ORDER
The April 19 , 2022 , Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:33 p.m. by Mayor Pro Tem Marc Lucio in the Council Chambers.
ROLL CALL
Present: Mayor Pro Tem Marc Lucio, Co uncil Members Karen C. Comstock , Christopher Flores, and Walt Pocock.
Absent: Mayor Eunice M. Ulloa.
CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.
CLOSED SESSION
Mayor Pro Tem Lucio read into the record the item listed on the Closed Session agenda.
1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION.
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:
City of Chino v. Stubbie Alexander Barr, San Bernardino Superior Court (Case No. CIVSB 2205027).
The City Council recessed to Closed Session at 6:34 p.m. and concluded at 6:53 p.m. The City Council reconvened the meeting at 7:03 p.m.
FLAG SALUTE
Council Member Pocock led the assembly in reciting the Pledge of Allegiance.
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CEREMONIALS
Proclamations
Mayor Pro Tem Lu cio read into the record the Proclamation designat ing Ma y 2022 as Trauma Awareness Month and May 15-21, 2022 as Emergency Medical Services Week in Chino and presented it to Fire Chief Dave Williams and Deputy Chief Jeremy Ault.
Mayor Pro T em Lu cio re ad into the record the Proclamation designat ing Ma y 2022 as Wildfire Awareness Month in Chino and presented it to Fire Chief Dave Williams and Deputy Chief Jeremy Ault.
Special Presentation
David Dinasan, owner of the Chick-fil-A in Chino Hills, submitted a written request to present scholarship awards to four local students who are Chick -fil-A Team Members. Mayor Pro Tem Lucio invited Mr. Dinasan to formerly in troduce and recognize the students on this significant accomplishment. Mayor Pro Tem Lucio thanked Mr. Dinasan and congratulated the students.
Presentations
Ballot Measure Y Presentation - Nicholas S. Liguori, AICP, Director of Development Services, provided an informational presentation on the City of Chino Housing Element and Measure Y, a June 7, 2022 ballot measure. City Council expressed their appreciation for the presentation.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:
1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION.
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:
City of Chino v. Stubbie Alexander Barr, S an Bernardino Superior Court (Case No .
CIVSB 2205027).
The City Council received an update and no further reportable action was taken.
AGENDA ADDITIONS/REVISIONS
Interim City Manager Anthony Arroyo reported that there were no agenda additions or revisions.
PUBLIC ANNOUNCEMENTS
Mayor Pro Tem Lucio announced the following community events:
• Chino Kiwanis Corn Feed Run and Car Show on Saturday, April 23rd from 8 a.m. to 3 p.m. at the Chino Civic Center. This outstanding event is for car enthusiasts and families and will feature classic cars while providing great food. For more information, residents were encouraged to visit the Chino Kiwanis website at https://chinokiwanis.com/. • Chino Valley Historical Society’s 95th Annu al Pioneer Picnic on Sunday, May 15, 2022 from 11 a.m. to 2 p.m. at the Chino Community Building located at 5443 B Street. This event is a potluck and attendees are asked to please bring their favorite entrees, side
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APRIL 19, 2022 3
dishes, or dessert s to share, along with their own plates and utensils . For more information, residents were encouraged to contact the Old Schoolhouse Museum at 909- 334-3278 or email [email protected].
PUBLIC COMMENTS
Jered Caballero of Calvary Chapel Chino Valley provided the Invocation.
Melissa Comp ani from Supervisor Curt Hagman’s offic e announced the following upcoming events:
• Coffee with Curt event taking place on April 23, 2022, from 9:00 a.m. to 10:30 a.m. at the AmPac Business Capital located at 3110 B Inland Empire Blvd., Ontario. • San Bernardino County Workforce Development Board is hosting an Expungement and Job Fair in the 4th District on Thursday, May 12, 2022 from 10:00 a.m. – 2:00 p.m. at the Anthony Munoz Community Center located at 1249 W. 4 th St., Ontario , CA . All those interested may register at ontariojobfairandrecordclearing.eventbrite.com.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 759530 to 759699, and Electronic Fund Transfers 514926E to 515006E, totaling $3,443,478.06.
2. Minutes
a) Minutes. Regular Meeting of April 5, 2022 (Pocock absent). b) Minutes. Special Meeting of April 12, 2022 (Comstock absent).
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file t he Elected City Officials' Report reflecting City Council business relat ed expenses incurred by the City and forecast of future events and trainings.
4. 2021 Chino Climate Action Plan Annual Report. Receive and file the 2021 Chino Climate Action Plan Annual Progr ess Report, which outlines the City 's progress to reduce Greenh ouse Gas (GHG) emissions.
5. Replacement Subdi vision Improvement Agree ment Parce l Map No. 19889 (Liberty Property Limited Partnership) . Approve a replacement Subdivision Improvement Agreement for P arcel Map No. 19889 with Liberty Property, L.P. for public improvements associated with the industrial buildings in the Eucalyptus Business Park Specific Plan area generally located on the southwest corner of Eucalyptus Avenue and Yo rba Court. (Pulled from the Consent Calendar for separate action.)
6. Amendment t o Professional Servi ces Agreement - Design Services for Project No. SD 222 - Philadelphia Street and Mon te Vista Aven ue Storm Drain Extensi on. Approve contract amendment No. 1 to Professio nal Services Agree ment No. 2022 -170 with EXP U.S. Services Inc., San Bernardino, CA, in an amount not-to-exceed $31,081.00 for design services for Project SD222.
7. Sale of St ored Gr oundwater to The Mon te Vista Water District . Sale of 500 a cre-feet of the City’s surplus groundwater reserves to the Monte Vista Water District. (Pulled from the Consent Calendar for separate action.)
Moved by Council Member Comstock, seconded by Council Member Pocock, and carried on a 4-0-1 roll cal l vote to approve Consent Calendar items 1 through 4, and 6 as presented. Item 5 and Item 7 were pulled for separate motions.
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AYES: COMSTOCK, FLORES, LUCIO, POCOCK.
NOES: NONE.
ABSENT: ULLOA.
ITEMS PULLED FROM CONSENT CALENDAR
5. Replacement Subdi vision Improvement Agree ment Parce l Map No. 19889 (Liberty Property Limited Partnership) . Approve a re placement Subdivision Improvement Agreement for P arcel Map No. 19889 with Liberty Property, L.P. for public improvements associated with the industrial buildings in the Eucalyptus Business Park Specific Plan area generally located on the southwest corner of Eucalyptus Avenue and Yorba Court.
Staff Report by: Jesus Plasencia, Assistant City Engineer.
Mr. Plasencia provided a report on the item. C ity Council discussed the status and timeline for improvements at Chino Hills Parkway and Ramona related to traffi c and wanted to ensure the final certificate of occupancy is not issued until the road improvements have been made.
Moved by Council Member Comstock, seconded by Council Mem ber Flores, and carried on a 4-0-1 roll call vote, to approve a replacement Subdi vision Improvement A greement and securities with Liberty Property, L.P. for Parcel Map No. 19889 and authorized staff to issue a temporary certificate of occupancy for equipment installation with the condition that all public improvements at the intersecti on of Ramona and Chi no Hills Parkway are complete before issuing a final certificate of occupancy.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK.
NOES: NONE.
ABSENT: ULLOA.
7. Sale of St ored Ground water to The Mon te Vista Water District . Sale of 500 a cre-feet o f the City’s surplus groundwater reserves to the Monte Vista Water District.
Staff Report by: Dave Crosley, Utilities/Engineering Operations Manager.
Council Member Pocock noted he had pulled the item for s eparate action as a means to reassure residents that Chino continues t o have suff icient water sup ply despite prev ailing drought conditions in other areas of the State.
Moved by Council Member Pocock, seconded by Council Member Flores, and carried on a 4-0-1 roll call vote, to approve sale of 500 acre -feet of the City’s surplus groundwater reserves to the Monte Vista Water District.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK.
NOES: NONE.
ABSENT: ULLOA.
PUBLIC HEARING
8. Assembly Bill (AB) 481 - "Military Equipment" Funding, Acquisition, and Use Policy. Introduction of Ordinance No. 2022-007, approving the Chino Police Department's "Military Equipment" Use Policy per the requirements of Assembly Bill 481.
Mayor Pro Tem Lucio opened the public hearing.
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Staff Report by: Wes Simmons, Chief of Police.
Chief Simmons provided a presentation on AB 481.
There being no requests to address the City Council on this item, the public hearing was closed.
City Attorney Fred Galante read the title of the ordinance into the record.
ORDINANCE NO. 2022-007
AN ORDINAN CE OF TH E CITY COUNC IL OF TH E CITY OF CHINO, CALIFOR NIA APPROVING THE CHINO POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY Moved by Council Member Flores, seconded by Council Member Comstock, and carried on a 4 -0-1 roll call vote, to a pprove the introduction o f Ordinance No. 2022-007, approving the Chino Police Depa rtment's "M ilitary Equipment" Use Policy per the requirements of Assembly Bill 481 to be read by number and title only and waive further reading of the ordinance.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK.
NOES: NONE.
ABSENT: ULLOA.
9. Development Impact Fees, Park Dev elopment Fees and the Resources Management Plan Mitigation Fees Adjustment FY 2022 -23. Introduction of Ordinance No. 2022 -005 Amending Chino Municipal Code Chapters 3.40 and 3.45 (Dev elopment Impact Fees) to Revise Basis for Calculating Fees for ADUs; Introduction of Ordinance No. 2022-006 Amending Chino Municipal Code Chapter 3.47 (Pre serve Resource Mitigation Plan Mitigation Fee) to Increase Amount of Mitigation Fee; Adoption of Res olution No. 2022 -026 Updating the Development Impact Fee Calculation Report, Updating Development Impact Fees Citywide and in the Preserve, Adopting a Per-Acre Park Land Valuation, and Updating the Master Facilities Plan.
Mayor Pro Tem Lucio opened the public hearing.
Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services and Sylvia Ramos, Associate Engineer.
Mr. Liguori and Ms. Ramos presented the item, provi ding a detailed explanation of the program including the history and necessity for the fee update.
Mr. Lig uori mentioned that several letters were received from Lewis including one from the Building Industry Association. Staff was able to work out most items of concern, however, Strom Drain Line I remains a significant concer n to Lewis Companies. Mr. Liguori explained Storm Drain Line I carries historic and existing flows of storm water, as well as additional storm water attributable to development. Much of the existing flows are attributable to Chino, but based on drainage laws, the City of Chino is required to accept flows from City of Ontario. A focus on the percentage of flows from the Preserve is misleading. The Preserve Development triggers the need for the City of Chino to build storm drain lines to manage existing and new flows to protect the new development and new roadways.
Mr. Liguori mentioned the Cities of Chino and Ontario has already discussed Storm Drain Line I cost sharing and are working diligently on a cost agreement.
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City Attorney Fred Galante discussed the letters received regarding the item. He acknowledged the Development Impact Fees (DIF) can only be allocated to new construction, and confirmed the city is not unduly allocating the cost of the improvement to the new Preserve development.
Ms. Ramos explained the amounts and how they were calculated, including Storm Drain Line I improvements, and the cost sharing for City of Ontario and the Preserve.
Mr. Liguori discussed the BIA’s letter regarding the City of Chino’s Admin Fee, which is the cost to implement the DIF program, and the request for justification of the percentage. He explained the city is undergoing a comprehensive fee study and will continue dialog with the BIA regarding these fees. He also noted that the 12% Administration Fee has been in pl ace since the DIF program began in 1989.
Mayor Pro Tem Lucio invited the public to comment on this item.
DeAndre Valencia of Building Industry Association spoke about the existing 12% administrative fee collected by the City of Chino to manage th e DIF program . BIA requests all data, studies, and reports showing the history of the administrative costs. Lastly, Mr. Valencia thanked City staff being responsive to the BIA, and requested the City Council not approve this fee until the Nexus study is implemented.
Pat Loy of Lewis Com panies expressed appreciation to City Staff for the time dedicated corresponding regarding this item. He expressed concern regarding Storm Drai n L ine I that severely overstates cost to t he Preserve and requested fairness beca use these costs get passed onto t he owners and businesses in the Preserve . Mr. Loy discussed the cost sharing with the City of Ontario, and respectfully asked to table the Storm Drain DIF update and revisit after negotiations with Ontario are completed.
Michael Shonafelt, of Newmeyer Dillion, representing the Lewis Group, brought attention to the letter provided to the C ity Council today , which focused on Item No. 9 ’s fee allocation burden and requested the item t o be table d to further study. Mr. Shonafelt mentioned protections against private developments b earing unnecessary burdens for public infrastructure improvements. He discussed the fairness of the allocations and referred the Council to his letter.
John Sherwood, of Tripointe Homes, spoke on Item No. 9, noting the dramatic increase of DIF’s and the incomplete negotiations with the City of Ontario regarding Sto rm Drain Line I. He requested the City of Chino keep the current Storm Drain Line I fees until a re solution is made with the City of Ontario.
With no further request to speak from the public, Mayor Pro Tem Lucio closed the public hearing.
City Attorney Galante responded to the BIA comments, clarifying the admin fee is not before the Council today for consideration. I t is an e xisting fee that is being reviewed and analyzed for potential future adjustments.
City Attorney Galante also responded to the c omments from Lewis representative Shonafelt, regarding the mitigation fee act and provided an analogy to explain the issue. He confirmed the Nexus study shows a proportional relationship between the proposed fees and new development in The Preserve. He provided the City Council with option s on how to move forward with the item.
Council Members asked clarifying que stions and discussion ensued between staff and the City Attorney.
Mayor Pro Tem Lucio re-opened the Public Hearing to hear public comment from Mr. Pat Loy.
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Mr. Loy confirmed that Lew is C ompanies has not m et with the City of Ontario directly and advocated for not approving the item until the Storm Drain Line I fee matter is resolved.
Mayor Pro Tem Lucio closed the Public Hearing.
The City Council expressed the need to have an opportunity to review further and allow time for staff to meet with the City of Ontario and Lewis Companies together.
Mr. Liguori suggested to amend Section 6 of Resolution No. 2022 -026, specifically the Strom Drain Collection System Fees, and adjust the proposed fees by 5.7% based on the construction price index, and City Attorney Galante confirmed the Resolution can be amended to allow time for staff to review and work on three party talks with the City of Chino, City of Ontario, and Lewis Companies.
City Attorney Fred Galante read the title of the ordinances into the record.
ORDINANCE NO. 2022-005
AN ORDINANCE O F THE CI TY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTERS 3.40 & 3.45 OF TH E CHINO MUNICIPAL CODE RELATING TO
DEVELOPMENT IMPAC T FE ES FOR TH E GENERAL CITY AND THE PRESERVE TO INCORPORATE U PDATES TO THE 2017 DEVELOPMENT I MPACT FEE NEXUS AND
CALCULATION REPORT AND MASTER FACILITIES PLAN, AND UPDATE THE STANDARD
PROCEDURES PERTAINING TO THE FEE CALCULATIONS FOR ACCESSORY DWELLING UNITS.
ORDINANCE NO. 2022-006
AN O RDINANCE OF THE CIT Y COUNCIL O F THE CITY OF CHIN O, CALIFORNIA,
ADJUSTING THE PRESERVE RESOURCES MANAGEMENT PLAN MITIGATION FEE Moved by Council Member Comstock, seconded by Council Member Flores, and carried on a 4-0-1 roll call vote, to 1) conduct a public hearing; 2) introduce Ordinance No. 2022- 005 amending Chino Municipal Code Chapters 3.40 and 3.45 (Development Impact Fees) to revise the basis for calculating development impact fees for accessory dwelling units, to be read by number and title only an d waiv e fur ther rea ding of the Ordinance; 3) introduce Ordinan ce N o. 20 22-006 amendin g Ch ino Municipal Co de Chap ter 3.4 7 (Preserve R esource Miti gation Plan Mitigation Fee) t o increase the amount of the Resources Management Plan M itigation Fee, to be read b y numb er an d title only and waive furth er reading of the Ordin ance; 4) adopt Resoluti on N o. 2 022-026 revi sing th e Citywide and the Preserve Development Impact Fee Nexus Calc ulation Report & Master Facilities Plan, thereby adjusti ng the co rrelating development impact fees based on the new nexus applications related to development, in additi on t o th e adju stment of the Residential Park Development Fees, and adopting a per-acre land valuation for park land citywide a nd in The Preserve per Titl e 18 of the Chino Municipal C ode, including 1 .
Amend Sect ion 6 of Resolution No. 2022 -026 specifically the Strom Drain Coll ection System Fees an d adjust the pr oposed fees by 5.7% based on the construc tion price index and 2. Direct staff to work in collabor ation wit h the City of O ntario, Lewis Companies, and interested stakeholders regarding Storm Drain Project Line I.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK.
NOES: NONE.
ABSENT: ULLOA.
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CHINO CITY COUNCIL
APRIL 19, 2022 8
NEW BUSINESS
10. Award of Construction Contract - R7200 - Central Ave State Route 60 Improvements - Masonry Block Wall at Chin o Police Dep artment. Award a contract to M etrocell C onstruction, Inc ., Ontario, CA in t he amount of $860 ,068 for P roject No. R7200 - Central Ave State Ro ute 60 Improvements - Masonry Block Wall Project at Chino Police Department.
Staff Report by: Maria Fraser, CIP Engineering Manager.
Ms. Fras er pr ovided a presentation on this item. Council Member Comstock e xpressed appreciation for this project.
Moved by Council Member Flores, seconded by Council Member Pocock, and carried on a 4-0-1 roll call vote, to 1) Appropriate $1,075,083 from the unappropriated reserves of the Transportation Fund wi th a corresponding ye ar-end transfer in the same amount fr om the City wide Bridges, Signals and Thoroughfares Development Impact Fee Fund 220; 2) increase the projec t budget for R7200, Central A ve State Route 60 Impro vements in the amount of $1,075,083 fo r a n amended amount o f $17,569,047; 3)award a construction contract in the amount of $860,068 to METROCELL CONSTRUCTION INC, Ontario, CA for R7200 Central Ave State R oute 60 Improvements Reimbursements -Masonry Block W all Project at Chin o Police Department ; 4 ) authorize ex penditures of up to $86,006 for construction management , $43,003 fo r inspection costs, and $86,00 6 for con struction contingency, and 5) a uthorize the City Manager to execute the necessary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, POCOCK.
NOES: NONE.
ABSENT: ULLOA.
MAYOR AND COUNCIL REPORTS
Mayor Pro Tem Lucio
Mayor Pro Te m Luci o reported on meetings and even ts attended since the last meeting that included a meeting wit h Lewis Corporation regarding the Preserve Development, City/County Conference, City of Chino Strategic Pla n Roll -Out Mee ting for Supervisors and Managers , meeting with Interim City Manager, meeting with Jon Monroe regarding his Chino Valley Unified School District Board campaign, and City of Eastvale re garding construction on Pine Avenue.
Mayor Pro Tem Lucio encouraged ever yone to attend the Chino Kiwanis Corn Feed Run on Saturday.
Council Member Comstock
Council Member Comstock reported on meetings and ev ents attended since the last m eeting that included a meeting with Lewis Corporation regarding the Preserve Development, Annual Challenge Cup/Baker to Vegas Relay with Team 145 Chino Police Department , Women’s Leadership Luncheon hosted by Senator Connie Leyva, meeting with Jon Monroe regarding his Chino Valley Unified School District Board campaign, meeting with Interim City Manager, and a collaborative meeting with City of East vale regarding Pine Avenue. Council Member Comstock expressed regrets for not being able to attend the City of Chino Strategic Plan Roll-Out Meeting for Supervisors and Manage rs; she shared support for the initiative and thanked the Strategic Plan Team. She congratulated the Chick-fil-A scholarship recipients, thanked Mr. Dinasan for being a great community partner, and thanked Council Member Pocock for the Corn Feed Run taking place on Saturday.
9.2 CONSENT CALENDAR
Packet Pg. 15
CHINO CITY COUNCIL
APRIL 19, 2022 9
Council Member Flores
Council Member Flores reported on meetings and events attended since the last meeting th at included the Cit y/County Conference, Love Them All Foundation event, meeting with resident Mr. Dudley, City of Chino Strategic Plan Roll-Out Meeting for Supervisors and Managers, Chino Youth Museum Kids Night Out , an d encoura ged everyone to attend the Chino Kiwanis Corn Feed Run on Saturday. Council Member Flo res poi nted out the new reference to the City Strategic Issues on the Agenda Staff Reports and commended Chick-fil-A for their youth leadership initiatives. Council Membe r Flores concluded by relaying a resident question he received asking why the City of C hino sign on Central and Riverside is lit in red when many years ago it was lit in the color green.
Council Member Pocock
Council Member Pocock reported on meetings and events attended since the last meeting that included City of Chino Strategic Plan Roll-Out Meeting for Supervisors and Manag ers and the Chino Valley Fire Board Meeting. Council Mem ber Poco ck announced the 20 th annual Chino Kiwanis Corn Feed Run o n S aturday with over 900 vehicle r egistrations. He noted all funds raised from the event are spent within the City of Chino.
City Manager's Report
Interim City Manager Anthony Arroyo had no report.
City Attorney's Report.
City Attorney Fred Galante had no report.
Police Chief's Report.
Police Chief W es Simmons acknowledged the Chino PD Baker to Ve gas Relay Team’s exceptional job, and at Council’s request, will invite the team to a future meeting for recognition.
Chief Simmons thanked the Police Association for volunteering at the Teen Glow at Ayala Park and acknowledged April as Sexual Assault Awareness Month . A dditionally, he r eported that next week is National Crime Victim’s Rights Week.
Fire Chief's Report.
Chief Williams reported on the ambulance response service totals and provided an u pdate on ambulance agreement services.
ADJOURN
The meeting adjourned at 9:14 p.m. The next Regular Meeting of the City Council will be held on Tuesday, M ay 3, 2022 at 7: 00 p.m. (Closed Session at 6:0 0 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 3rd DAY OF MAY 2022.
MARC LUCIO, MAYOR PRO TEM
9.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
APRIL 19, 2022 10
ATTEST:
ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)
9.2 CONSENT CALENDAR
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Revenue: Expenditure: 1002000-43320
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: MAY 3, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: ANGELA ROBLES, CITY CLERK
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.
RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.
FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2021-22 Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Public Service Excellence through Internal and External Partnerships
9.3 CONSENT CALENDAR
Packet Pg. 18
COUNCIL MEETING DATE: MAY 3, 2022
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND
MEETINGS
PAGE 2
BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill 1234 (AB 1234), on January 1, 2006, the City adopted Resolution No. 2005-093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.
ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agend a Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.
Additionally, to provide the public with a n event forecast, Exhibit A also includes a list of future events/trainings that Members of the Council may attend.
Attachment: Exhibit A
9.3 CONSENT CALENDAR
Packet Pg. 19
ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,
TRAINING, AND MEETINGS
APRIL 19, 2022 EXHIBIT A
Event Date Meeting Purpose and Subject Matter City Official Attendees
None.
Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and Subject
Matter
Location
City Officials that may
attend
June 23-25,
2022
National Association of Latino
Elected and Appointed Officials
Annual Conference
Chicago, IL Mayor Pro Tem Lucio
9.3.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 20
Revenue: Expenditure: 6607400-48070
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: MAY 3, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: VENDOR CAP INCREASE AND AMENDMENT TO PURCHASE ORDERS WITH M.K. SMITH CHEVROLET.
RECOMMENDATION
1) Approve a vendor cap increase for M.K. Smith Chevrolet, Chino, CA, in the amount of $52,645.00 for a total vendor cap amount not -to-exceed $464,662.12 for FY21 -22; 2) approve an amendment to Purchase Order No. 70220 407 for $3,360.08, for a revised purchase order amount not-to-exceed $87,379.48 for a price difference in a year model for a Chevrolet Tahoe Police Package; 3) approve an amendment to Purchase Order No. 70220408 for $10,409.75, for a revised purchase order amount not-to-exceed $46,838.00 for a price difference in a year model for a Chevrolet ¾ Crew Cab Short Bed Truck; 4) approve an amendment to Purchase Order No. 70220409 for $12,972.94, for a revised purchase order amount not -to-exceed $80,631.45 for a price difference in a year model for a Chevrolet ¾ Extended Cab Service Body Truck; 5) approve an amendment to Purchase Order No. 70220410 for $15,155.21, for a revised purchase order amount not-to-exceed $63,846.32 for a price difference in a year model for a Chevrolet ¾ Extended Cab Service Body Truck; 6) approve an amendment to Purchase Order No. 70220412 for $10,747.02, for a revised purchase order amount not -to-exceed $44,302.66 for a price difference in a year model for a Chevrolet ¾ Extend Cab Long Bed Truck; and 7) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 21-22 Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning
9.4 CONSENT CALENDAR
Packet Pg. 21
COUNCIL MEETING DATE: MAY 3, 2022
SUBJECT: VENDOR CAP INCREASE AND AMENDMENT TO PURCHASE ORDERS WITH M.K. SMITH CHEVROLET
PAGE 2
BACKGROUND
At the September 7, 2021, City Council Meeting, the City Council approved six (6) purchase orders to M.K. Smith Chevrolet (“M.K. Smith”), Chino, CA, for the procurement of nine (9) replacement vehicles for the City’s Fleet. When staff initially placed the order of the vehicles with M.K. Smith, all vehicles were Year 2022 Models. As a result of the COVID -19 Pandemic, General Motors (“GM”) notified M.K Smith of a supply chain and production shortag e, causing GM to stop accepting orders for Year 2022 Model vehicles earlier than expected. Since then, six (6) vehicles on five (5) of the approved purchase orders did not meet the deadline to place the orders for Year 2022 Model vehicles. These vehicles i ncluded two (2) 2022 Police Package Chevrolet Tahoes, one (1) 2022 Chevrolet ¾ Crew Cab Short Bed Truck, two (2) 2022 Chevrolet ¾ Extended Cab Service Body Trucks, and one (1) 2022 Chevrolet ¾ Extended Cab Long Bed Truck. It should be noted that the sixth purchase order included Model Year 2022 vehicles, which were successfully ordered and should be delivered to the City towards the end of May 2022.
ISSUES/ANALYSIS
Staff has been coordinating efforts with M.K. Smith to continue to proceed with the order o f the vehicles. Unfortunately, the vehicles will now be Year 2023 Models instead of Year 2022 Models. GM released pricing for Year 2023 Model vehicles and M.K. Smith has provided staff with the updated pricing for the respective models. The updated pricing results in an increase from what was originally approved by the City Council, netting a $52,645.00 price increase when combining all purchase orders affected by GM’s decision to stop accepting orders for Year 2022 Model vehicles.
While the City could re ject these bids and develop new bid packages, given the prevailing economic conditions and rising costs, staff believes rejecting the bids will not result in added benefits or savings to the City. Therefore, it is staff’s intention to continue with orderin g the vehicles. However, the City will need to provide M.K. Smith with amended purchase orders to account for price increases. Therefore, staff recommends increasing the vendor cap with M.K.
Smith Chevrolet, Chino, CA, in the amount of $52,645.00 for a tot al vendor cap amount not -to- exceed $464,662.12 for FY21 -22, and approving amendments to all five (5) purchase orders affected, for a combined price increase of $52,645.00.
9.4 CONSENT CALENDAR
Packet Pg. 22
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: MAY 3, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: ADOPTION OF ORDINANCE NOS. 20 22-005 AND 2022-006 PERTAINING TO DEVELOPMENT IMPACT FEES (SECOND READING).
RECOMMENDATION
Adopt Ordinance Nos. 2022 -005 and 2022 -006 on second reading, amending the Chino Municipal Code, Chapters 3.40 and 3.45 (Development Impact Fees) and adjusting The Preserve Resources Management Plan Mitigation Fee, to be read by number and title only and waive further reading of the ordinance.
FISCAL IMPACT
There is no fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Financial Stability
· Responsible Long-Range Planning
· Exemplary Leadership
· Public Service Excellence through Internal and External Partnerships
9.5 CONSENT CALENDAR
Packet Pg. 23
COUNCIL MEETING DATE: MAY 3, 2022
SUBJECT: ADOPTION OF ORDINANCE NOS. 2022-005 AND 2022-006 PERTAINING TO
DEVELOPMENT IMPACT FEES (SECOND READING)
PAGE 2
BACKGROUND
This matter was introduced on first reading by the Council at their April 19, 2022 meeting. Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
Ordinance No. 2022-005:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTERS 3.40 & 3.45 OF THE CHINO MUNICIPAL CODE RELATING TO
DEVELOPMENT IMPACT FEES FOR THE GENERAL CITY AND THE PRESERVE TO INCORPORATE UPDATES TO THE 2017 DEVELOPMENT IMPACT FEE NEXUS AND
CALCULATION REPORT AND MASTER FACILITIES PLAN, AND UPDATE THE STANDARD
PROCEDURES PERTAINING TO THE FEE CALCULATIONS FOR ACCESSORY DW ELLING UNITS.
Ordinance No. 2022-006:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, ADJUSTING THE PRESERVE RESOURCES MANAGEMENT PLAN MITIGATION FEE.
Attachments: Ordinance No. 2022-005
Ordinance No. 2022-006
9.5 CONSENT CALENDAR
Packet Pg. 24
ORDINANCE NO. 2022-005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CHAPTERS 3.40 & 3.45 OF THE CHINO
MUNICIPAL CODE RELATING TO DEVELOPMENT IMPAC T FEES FOR
THE GENERAL CITY AND THE PRESERVE TO INCORPORATE UPDATES TO THE 2017 DEVELOPMENT IMPACT FEE NEXUS AND CALCULATION
REPORT AND MASTER FACILITIES PLAN , AND UPDATE THE
STANDARD PROCEDURES PERTAINING TO THE FEE CALCULATIONS
FOR ACCESSORY DWELLING UNITS.
WHEREAS, on February 6, 2018, the City Council adopted Resolution No. 2017-068 adopting an updated Development Impact Fee Calculation and Nexus Report (“Updated DIF Report”), and an updated Master Facilities Plan (“Updated Master Facilities Plan”); and WHEREAS, on August 7, 2019, the City Council adopted Resolution No. 2019-007 to update procedures and standards pertaining to annual reimb ursements, credits , and fee calculations, and to incorporate revisions to the updated DIF Report and Updated Ma ster Facilities Plan; and
WHEREAS, the City Council desires to amend Chapters 3.40 o f the Chino Municipal Code, entitled “Development Impact Fees,” to incorporate subsequent revisions to the Updated DIF Report and Master Facilities Plan, and to update t he procedures and standards pertaining to fee calculations for Accessory Dwelling Units; and
WHEREAS, the City Council desires to amend Chapter 3.45 of the Chino Municipal Code, entitled “The Preserve Development Impact Fees,” to incorporate subsequent revisions to the Updated DIF Report and Master Facilities Plan , and to update t he procedures a nd standards pertaining to fee calculations for Accessory Dwelling Units.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The foregoing Recitals are incorporated herein by reference as if set forth in full.
Section 2. Subsection E of Section 3.40.060 of the Chino Municipal Code is hereby replaced in its enti rety with the following, with the remainder of Sectio n 3.40.060 remaining unchanged:
E. For the construction of a n accessory dwelling unit, developmen t impact fees shall be charge d to the developer on a cost per square-foot basis.
Fees shall be only be charged for accessory dwelling units that are larger than 750 square feet.
Section 3. Subsection E of Section 3.45.060 of the Chino Municipal Code is hereby replaced in its enti rety with the following, with the remainder of Sectio n 3.4 5.060 remaining unchanged:
9.5.a
Adoption of Ordinance Nos. 2022-005 and 2022-006
Packet Pg. 25
Ordinance No. 2022-005
E. For the construction of a n accessory dwelling unit, development impact fees shall be charge d to the developer on a cost per square-foot basis.
Fees shall be only be charged for accessory dwelling units that are larger than 750 square feet.
Section 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the or dinance would be su bsequently declared invalid or unconstitutional.
Section 5. The City Clerk shall certify as to the passage of this Ord inance and shall cause the same to be published and/or posted at the designated locations in the City of Chino.
PASSED, APPROVED, AND ADOPTED this 3rd day of May, 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
State of California )
County of San Bernardino ) §
City of Chino )
I, Angela Robles, City Clerk of the City of Chino, do hereby certify the foregoing Ordinance was duly adopted by the City Council at a regular meeting held on the 3rd day of May, 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________
ANGELA ROBLES, CITY CLERK
9.5.a
Adoption of Ordinance Nos. 2022-005 and 2022-006
Packet Pg. 26
01225.0005/563684.1
ORDINANCE NO. 2022-006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, ADJUSTING THE PRESERVE RESOURCES MANAGEMENT
PLAN MITIGATION FEE
WHEREAS, the City of Chino adopted the Preserve Specific Plan, as amended, and also certified The Preserve Environmental Impact Report (EIR) in March 2003; and
WHEREAS, the EIR included the adoption of the Resources Management Plan (RMP) as the biological implementation plan for The Preserve; and
WHEREAS, all Development projects located within The Preserve are required to fully mitigate the biological impacts created by such development projects, through the mitigation measures of the EIR and guidelines of the RMP; and
WHEREAS, the City hired PCR Services Corporation in 2004 to prepare a nexus study and cost estimate for the implementation of the RMP; and
WHEREAS, on December 21, 2004, the City Council established the RMP Mitigation Fee at $5,230 per adjusted gross acres; and
WHEREAS, the RMP Mitigation Fee was increased in 2007 to $5,596 pursuant to Chapter
3.47 of the Chino Municipal Code and has not been adjusted since that time; and
WHEREAS, the City desires to increase the current fee to $7,331 to incorporate past inflation increases (from 2008 through 2020 ) per the Engineering News Record - Construction Costs Index for the greater Los Angeles area; and
WHEREAS, on April 19, 2022, the City Council conducted a public hearing on the proposed fee in accordance with the provisions of the Government Code §§ 66000 -66025 (the "Mitigation Fee Act").
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HEREBY RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. Section 3.47.030 of the Chino Municipal Code is hereby amended as follows (additional text in bold underlined italics; deleted text in strikethrough):
The development of land within The Preserve will require the payment of the RMP mitigation fee of five thousand five hundred ninety -six seven thousand three hundred and thirty-one dollars ($7,331) per adjusted gross acre, consistent with the requirements of mitigation measure B-3(8) of The Preserve, Chino Sphere of Influence - Subarea 2, Final Environmental Impact Report.
Section 3. The City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Chino.
9.5.b
Adoption of Ordinance Nos. 2022-005 and 2022-006
Packet Pg. 27
ORDINANCE NO. 2022-006
PASSED, APPROVED, AND ADOPTED this 3rd day of May, 2022.
EUNICE 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 Ordinance was duly adopted by the City Council at a regular meeting held on the 3rd day of May, 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
9.5.b
Adoption of Ordinance Nos. 2022-005 and 2022-006
Packet Pg. 28
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
POLICE DEPARTMENT
COUNCIL MEETING DATE: MAY 3, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: ADOPTION OF ORDINANCE NO. 2022 -007, AB 481 - "MILITARY EQUIPMENT" FUNDI NG, ACQUISITION, AND USE POLICY (SECOND READING).
RECOMMENDATION
Adopt Ordinance No. 2022 -007 on second reading, approving the Chino Police Department's "Military Equipment" Use Policy per the requirements of Assembly Bill 481.
FISCAL IMPACT
There is no fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Public Service Excellence through Internal and External Partnerships
9.6 CONSENT CALENDAR
Packet Pg. 29
COUNCIL MEETING DATE: MAY 3, 2022
SUBJECT: ADOPTION OF ORDINANCE NO. 2022-007, AB 481 - "MILITARY EQUIPMENT"
FUNDING, ACQUISITION, AND USE POLICY (SECOND READING)
PAGE 2
BACKGROUND
This matter was introduced on first reading by the Council at their April 19, 2022 meeting. Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, APPROVING THE CHINO POLICE DEPARTMENT'S "MILITARY EQUIPMENT" USE POLICY PER THE REQUIREMENTS OF ASSEMBLY BILL 481.
Attachment: Ordinance No. 2022-007
9.6 CONSENT CALENDAR
Packet Pg. 30
ORDINANCE NO. 2022-007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA APPROVING THE CHINO POLICE
DEPARTMENT’S MILITARY EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seek s to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Chino Police Department is in possession of certain items of equipme nt that qualify under the broad definition of “military equipment” under AB 481; WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released and written military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment;
WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually;
WHEREAS, the City Council of the City of Chino, having received the information required under AB 481 regarding the Chino Police Department’s use of “military equipment” as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Use Policy as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. City Council hereby approves and adopts the following:
Military Equipment Policy.
(a) The City Council has made the following determinations:
(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) Th is proposed military equipment use policy attached hereto as Exhibit “A” (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties;
9.6.a
Adoption of Ordinance No. 2022-007 (AB 481)
Packet Pg. 31
ORDINANCE NO. 2022-007
PAGE 2
(3) The equipment described in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objective o f officer and civilian safety (if any);
(4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with th e accompanying Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance by way of the adoption of the Policy by this Ordinance.
(b) The Chino Police Department has made the Policy available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue and described in the Policy.
(c) The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use.
(e) The Chino Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (f) The City Council shall review this Ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2). (g) Th e City Council approves the use of the Policy and finds that it satisfies the requirements of Government Code Section 7070(d).
SECTION 3. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this Ordinance on behalf of the City of Chino forthwith upon its adoption.
SECTION 4. The Deputy City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Chino.
SECTION 5. This ordinance shall become effective thirty (30) days following its adoption.
PASSED, APPROVED, AND ADOPTED this 3rd day of May, 2022
EUNICE M. ULLOA, MAYOR
ATTEST:
City Clerk
9.6.a
Adoption of Ordinance No. 2022-007 (AB 481)
Packet Pg. 32
ORDINANCE NO. 2022-007
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 the foregoing Ordinance was duly adopted by the City Council at a regular meeting held on the 3 rd day of May, 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________
ANGELA ROBLES, CITY CLERK
Attachments incorporated by reference:
1. Exhibit A — Lexipol Policy 708 “Military Equipment”
2. Exhibit B — Military Equipment Inventory as of March 11, 2022
9.6.a
Adoption of Ordinance No. 2022-007 (AB 481)
Packet Pg. 33
ORDINANCE NO. 2022-007
PAGE 4
Exhibit “A”
Chino Police Department
Chino PD Policy Manual
The use of "Military Equipment" as defined by AB481
Chino Police
Department
Chino PD Policy Manual
The use of "Military Equipment" as defined by
AB481
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of "military equipment" as defined by Government Code § 7070; Government Code § 7071, and Government Code § 7072. The Chino Police Department does not obtain or use military equipment. All equipment obtained and used by the Chino Police Department is designed for municipal police services.
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Defined by and identified in Government Code Section 7071 (c) (1- 15).
708.2 POLICY
It is the policy of the Chino Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Professional Standards Unit to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
Policy
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(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Chino Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding th e department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 708.4 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.
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708.5 COORDINATION WITH OTHER JURISDICTION
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
708.6 MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached low levels, the Department may order up to 30% of stock in a fiscal quarter without City Council's pre-approval to maintain essential availability for the police department's needs.
708.7 COMPLIANCE
The Professional Standards Unit will ensure that all Department members comply with this policy.
The Professional Standards Unit will conduct an annual audit. The Chief of Police or the authorized designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Professional Standards Unit and handled in accordance with the Personnel Complaints Policy. All instances of non -compliance will be reported to Chino City Council via the annual military equipment report.
Any member of the public can register a question or concern regarding military use equipment by contacting the Chino Police Department via email at [email protected], which will be routed to the Professional Standards Unit. A response to the question or concern shall be completed by the Department in a timely manner.
Any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Professional Standards Unit in accordance with Personnel Complaints Policy. 708.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
708.10 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
See Exhibit “B”
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Exhibit “B”
“MILITARY EQUIPMENT” as defined by AB 481
1. Unmanned, remotely piloted, powered aerial or ground vehicles (Category 1) a. Description, quantity, capabilities, and purchase cost:
i. DJI MATRICE M210, cost: approximately $8,500 each, quantity: 2. UAS that weighs approximately 10.5 pounds has infrared capability and is able to record video and audio with approximately 30 minutes of flight time. ii. DJI PHANTOM 4 PRO, cost: approximately $800 each, quantity: 2. UAS that weighs approximately 3 pounds and has video reco rding capabilities, approximately 30 minutes of flight time.
iii. DJI MAVIC 2 ENTERPRISE ADVANCED, cost: approximately $3,500 each, quantity: 2. UAS that weighs approximately 2.5 pounds has infrared capability and is able to record video and audio with approxim ately 30 minutes of flight time.
iv. DJI MAVIC AIR, cost: approximately $700 each, quantity: 2. UAS that weighs approximately 1 pound and is able to record video and audio with approximately 20 minutes of flight time.
b. Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, in compliance with FAA regulations and with respect for constitutional rights and privacy, which include but are not limited to: Crime scene documentation, traffic collision scene documentation, searches for missing persons, disaster response, searches for suspects who are believed to be hiding within a defined incident perimeter, in support of search warrant or tactical operations such as barricaded su spects, mapping of critical infrastructure for Homeland Security purposes, security operations at larger public gatherings, where images are not recorded except for criminal behavior, critical incident management, enforcement of City Municipal Codes related to Health and Safety, such as fireworks, aerial imaging services to other units of government. c. Authorized Use : Only assigned operators who have completed the required training shall be permitted to operate UAS equipment during approved missions. d. Expected Life Span: All UAS equipment, approximately 3-5 years. e. Fiscal Impac t: Annual maintenance and battery replacem ent cost is approximately $400.
f. Training: All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40-hour department training and ongoing quarterly training.
g. Legal and Pr ocedural Rules : Use is established in the Unmanned Aerial System’s Policy and FAA Regulation 14 CFR Part 107. It is the policy of the Chino Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the priv acy of our community, pursuant to State and Federal law.
2. Unmanned, remotely piloted, powered aerial or ground vehicles (Category 1)
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a. Description, quantity, capabilities, and purchase cost:
i. ICOR Mini -Caliber robot, cost: approximately $80,000, quantity: 1.
Designed for rapid tactical missions, the robot is simple to operate and quick to deploy for searching rooms, hallways, stairwells, and confined spaces. With rubber tracks and articulating front and rear flippers, the Mini- CALIBER effortlessly climbs stai rs. It also includes an extendible rotating claw arm that simplifies opening door handles.
ii. Recon Robotics, Throwbot XT, cost: approximately $12,000 each, quantity:
2. The Throwbot® XT is a throwable, mobile micro-robot that provides both audio and video re connaissance of dangerous environments. Personnel can use the new micro -robot to quickly gain situational awareness during high-risk operations and surveillance missions.
b. Purpose: To be deployed when its capabilities would assist officers or incident commanders when dealing with tactical or lifesaving operations. The robot can be directed to move through a structure and transmit real-time video and audio. These reconnaissance features can locate and identify subjects, confirm presence of hostages, and reveal building layout. These robotic technologies may be used in many different circumstances including but not limited to:
Searches for suspects who are believed to be hiding within a defined incident perimeter, in support of search warrant or tactical operations such as barricaded suspects, hostage rescue incident, crisis negotiations, disaster response.
c. Authorized Use: These robotic technologies are primarily used by trained SWAT officers, however, may be utilized by additional personnel as needed. d. Expected Life Span: Approximately 5-10 years.
e. Fiscal Impact: Warranties for these products are limited (2 years). Maintenance costs are then considered out of pocket and can range from $500 and up for repairs.
f. Training: While not required by law, specialized training in the utilization of these devices is recommended. SWAT personnel train with these devices regularly and maintain their serviceability.
g. Legal and Procedural Rules: It is the policy of the Chino Police Depa rtment to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
3. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
LENCO BEARCAT, G2, cost: approximately $273,000, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of downed personnel or civilians. The Bearcat G2 has increased ground c learance and a robust suspension which allows for an emergency response to almost any situation. It can stop various projectiles, which
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provides greater safety to the community and officers beyond the protection level of shield and personal body armor.
b. Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with department policy and training. d. Lifespan: Lenco Bearcat model G2, approximately 15 years. e. Fiscal Impact: Annual maintenance cost of approximately $1,000. f. Training: All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
g. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.
4. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
Mobile Command Center (MCC): A 2002 Workhorse RV, cost: approximately $195,000, quantity: 1. The MCC is a retrofit recreational vehicle containing a mobile office that provides shelter, access to police department computer systems, and restroom facilities for extended events. The MCC can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. b. Purpose: To be used based on the specific circumstances of a given critical incident, large event, operations, natural disaster, or community event. c. Authorized Use: The MCC shall be used by officers trained in its deployment and in a manner consistent with department policy and training. d. Lifespan: Approximately 15 -year lifespan on chassis and vehicle structure.
Upgrades needed to maintain IT systems.
e. Fiscal Impact: Annual maintenance cost is approximately $3,500. f. Training: The driver/operator shal l receive training in the safe handling of the vehicle on a closed training course. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use.
g. Legal and Procedural Rules : Use is established in the Crisis Response Unit Policy. It is the policy of the Department to use the MCC only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
5. Command and Control Vehicles (Category 5)
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a. Description, quantity, capabilities, and purchase cost:
Tactical Response Vehicle (TRV) : A 2016 Armored Truck on a Ford F -550 Chassis, cost: approximately $83,000, quantity: 1. The TRV is used as a mobile command and control vehicle for extended operations and critical incidents. The TRV is outfitted with specialized equipment to support field personnel and incident commanders.
b. Purpose: To be used to facilitate command and control at critical incidents, as a rapidly deployable res ponse vehicle. It supports the function of incident commanders until the scene is stabilized or when extended, the MCC is deployed. c. Authorized Use : The TRV shall be deployed by officers authorized for its deployment by the Watch Commander or their desi gnee and in a manner consistent with department policy and training.
d. Lifespan: Approximately 10-year lifespan.
e. Fiscal Impact: Annual maintenance cost is approximately $1,000. f. Training: The driver/operator shall receive training or instruction in the safe handling of the vehicle.
g. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the TRV only for official law enforcement purposes, and in accordance with California Sta te law regarding the operation of motor vehicles.
6. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
Special Weapons and Tactics (SWAT) Team Van : A 2016 Ford Transit Van 350 Chassis, cost: approximately $39,000, quantity: 1. The SWAT Team Van is used to transport specialized SWAT Team equipment and was specially built to do so. b. Purpose: To be used for the transportation of specialized SWAT Team equipment for training and for authorized SWAT Team operations.
c. Authorized Use: The SWAT Team Van shall be used by officers authorized for its deployment by the SWAT Team Commander or their designee and in a manner consistent with department policy and training.
d. Lifespan: Approximately 10-year lifespan.
e. Fiscal Impact: Annual maintenance cost is approximately $1,000. f. Training: The driver/operator shall receive training in the safe handling of the vehicle. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use. g. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the SWAT Team Van only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
7. Command and Control Vehicles (Category 5)
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a. Description, quantity, capabilities, and purchase cost:
Crisis Negotiation Team (CNT) Van: A 2020 Ford Transit Van 350 Chassis, cost:
approximately $41,000, quantity: 1. The CNT Van is used to support the function of the Crisis Negotiation Team as outlined in the Crisis Response Unit (CRU) policy.
b. Purpose: To be used for the transportation of CNT members and CNT operations conducted in support of the SWAT team.
c. Authorized Use : The CNT Van shall be used by officers authorized for its deployment by the CRU Commander or their designee and in a manner consistent with department policy and training.
d. Lifespan: Approximately 10-year lifespan.
e. Fiscal Impact: Annual maintenance cost is approximately $1,000. f. Training: The driver/operator shall receive training in the safe handling of the vehicle. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use. g. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the CNT Van only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
8. Battering rams, slugs and b reaching apparatuses that are explosive in nature (Category 7)
a. Description, quantity, capabilities, and purchase cost:
i. LENCO BEARCAT, G2 BEAR-CAT vehicles have attachable metal booms that can be used for breaching structures, fences, or ramming objects during high -risk incidents, to include active shooter incidents on school grounds, buildings or other structures, cost: included with purchase of BEARCAT G2 quantity: 1.
ii. Ballistic Breaching is used to gain access to fortified structures using steel or security doors. The breaching rounds deployed from a shotgun and are only used by trained personnel with a legitimate law enforcement purpose.
The breaching ammunition is as follows:
(1) Royal Arms 275 grain copper frangible, cost: $4.50/round, quantity:
200 rounds. For use on solid wood doors, locks, and hinges. (2) Royal Arms 425 grain copper frangible, cost: $4.50/round, quantity 100 rounds. For use on heavy locks, dead-bolts & hinges, solid-oak, and steel doors.
(3) Royal Arms HP cutter 450 grain, cost: $5.00/round , quantity 100 rounds. Cuts re-bar, penetrates security glass, car doors, punches into engine blocks.
(4) Royal Arms copper frangible 500 grain, cost: $5.00/round, quantity 100 rounds. For use on h eavy Locks, Cross -bolts, and Hinges (Steel Doors / Steel Frames)
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b. Purpose: To be used in response to critical incidents or CRU operations to enhance officer and community safety, improve scene containment and stabilization. The use of breaching apparatus is for the rapid, positive, and dynamic access to an objective in order to bypass obstructions such as walls, doors and windows to gain access to a desired location with legal authority. c. Authorized Use: The use of battering rams, slugs and breaching apparatuses that are explosive in nature are limited to incidents under the d irection of the CRU Commander or their designee. They shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Lifespan: Approximately 10 years.
e. Fiscal Impact: No measurable fiscal impact for maintenance. f. Training: All operators of this equipment shall attend formalized and continuing training in its use prior to deployment. Any personnel deploying breaching rounds will attend a course in its use prior to deployment.
g. Legal and Procedural Rules: Use is established in the Crisis Response Unit and Rapid Response and Deployment policies. It is the policy of the department to battering rams, slugs and breaching apparatuses that are explosive in nature, only for official law enforcement purposes, and pursuant to State and Federal law.
9. Specialized Firearms and Ammunition of less than .50 caliber (As defined by PC30510 and 30515) (Category 10)
a. Description, quantity, capabilities, and purchase cost:
i. Daniel Defense DDM4 MK12 Carbine, caliber: .223 and 5.56 NATO, cost:
$1700 each, quantity: 124. The Daniel Defense DDM4 MK12 is a high precision rifle that fires .223 caliber, and 5.56 NATO rounds accurately at close and long range. This rifle is the primary duty rifle issued for patrol officers, field personnel and specialized investigative units. ii. Daniel Defense DDM5 Carbine, caliber: 308 WIN/ 7.62 x 51mm, cost:
$2,500, quantity: 1. The Daniel Defense DDM5 is a high precision rifle that fires 308 WIN/ 7.62 x 51mm rounds accurately at close and long range.
This rifle is the primary duty rifle issued to a SWAT Long Rifle team member.
iii. Colt M4 Carbine, caliber: .223 and 5.56 NATO, cost: $1,700, quantity: 6.
The Colt M4 Carbine is a high precision rifle that fires .223 caliber, and 5.56 NATO rounds accurately at close and long range. This rifle is the issued for use of specialized investigative units and as back -up SWAT team weapons.
iv. Remington 700 bolt action rifle: 308 WIN, cost: $ quantity: 5. The Remington 700 rifles are long -range precision rifles that shoot 308 WIN rounds. The rifles are issued and used by our SWAT Team Long Rifle team.
(1) Ammunition: The Chino Police Department maintains an inventory of training and duty ammunition for the rifles listed above. The inventory fluctuates based upon training and the cycling out of duty ammunition, however it maintains approximately 25,000 rounds of
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duty ammunition and approximately 100,000 rounds of training ammunition. .
(a) The following is a list of manufacturers and types of the department’s duty ammunition:
(i) Hornaday 168 grain ELD Match TAP Precision 308
WIN
(ii) Hornaday 165 GMX TAP Heavy Barrier 308 WIN
(iii) Speer LE Gold Dot 62 grain .223
(iv) Hornaday TAP 75 grain .223 and 5.56 NATO
(b) The Chino Police Department utilizes ammunition of various types from various reputable manufacturers for training purposes, based upon availability.
b. Purpose: To be used as precision weapons to address a threat requiring more precision and/or greater distances than that of a handgun, if present and feasible. c. Authorized Use: Only officers that complete the required POST-certified Tactical Rifle Course, which satisfies legislative training mandates as described in PC 33220, are authorized to deploy a rifle.
d. Lifespan
i. Daniel Defense DDM4 MK12 Carbine: No expiration.
ii. Daniel Defense DDM5 Carbine: No expiration.
iii. Colt M4 Carbine: No expiration.
iv. Remington 700 Bolt-action rifle: No expiration.
v. Ammunition: No expiration.
e. Fiscal Impact: Annual maintenance is approximately $50 for each rifle. f. Training: Officers shall not carry or utilize the patrol rifle unless they have successfully completed the required POST -certified Tactical Rifle Course, which satisfies legislative training mandates as described in PC 33220. O fficers shall thereafter be required to successfully complete yearly training and qualification conducted by a certified firearms instructor.
g. Legal and Procedural Rules: Use is established under the Patrol Rifles Policy. It is the policy of the Chino Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
10. Flashbang Devices (Category 12)
a. Description, quantity, capabilities, and purchase cost:
A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations.
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i. Defense Technology Distraction Device Reloadable Body Model 8933. The Low Roll® Distraction Device® is a reloadable gun steel body with hex design. This newest version of the first reusable non -bursting canisters limits movement and rolling once deployed. cost: $58 each, quantity: 50 ii. Defense Technology Distraction Device 12-gram reload Model 8901 used in conjunction with the above reloadable body emits a loud “bang” and a flash of light, cost: $34 each, quantity: 150
iii. CTS Flash-Bang 9Bang Model 7290-9 emits a loud “bang” and a flash of light (9) times, cost: $100 each, quantity: 28
b. Purpose: To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short -term (6 -8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use: Diversionary Devices shall only be used: By SWAT officers who have been trained in their proper use. In hostage and barricaded subject situations.
In high-risk warrant (search/arrest) services where there may be extreme hazards to officers. During other high-risk situations where their use would enhance officer safety. During training exercises.
d. Expected Lifespan:
i. Defense Technology #8933, 25 Uses
ii. Defense Technology #8901, 5 years
iii. CTS #7209-9, 5 years
e. Fiscal Impact: Annual cost of the program $5,000.
f. Training: The use of these devices is limited to those who have attended certified training course on their proper use.
g. Legal and Procedural Rules : It is the policy of the Chino Police Department to utilize diversionary devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Use of force and Crisis Response Unit policies apply.
11. Explosive Breaching Tools (Category 12)
a. Description, quantity, capabilities, and purchase cost:
Explosive breaching is used to gain rapid access to a room or structure when an emergent law enforcement need exists. All efforts are made to minimize the amount of energetics applied to a target, while still achieving a positive breach.
Explosive breachi ng materials are used to make breaching charges of various shapes and strength which are specifically designed for the target. The materials release gasses, heat, and light when initiated. The pressure from the gasses released presses against mediums and or the target to cause the structure of the target to fail for a successful breach. Breaching charges are specially designed to cause structural failure of the desired target. The breaching charges in stock were built in house by the designated SWAT Team Explosive Breachers. Various types, configurations, and energetic weights are maintained for use as needed. Older charges are cycled out of stock during monthly training. i. 20 pounds of C2 Sheet Explosive PETN, cost: $49.50/ pound. A PETN based sheet explosive.
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ii. 1000 feet, 50 grain per foot, detonation cord PETN, $0.63/ foot. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any co mmon length of detonation cord appears to explode instantaneously. It is a high -speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. iii. 50 Non-electric detonators 40-foot #1 delay, $10.75 each iv. 10 PETN slip-on boosters, 20 gram, $5.50 each
b. Purpose: To safely gain entry into a structure when an emergent law enforcement need exists.
c. Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.
d. Expected Lifespan:
i. 50 grain Detonation Cord – 5 years
ii. C2 Sheet Explosive – Until expended
iii. Non-electric detonator – Until expended
iv. Slip-on boosters – Until expended
e. Fiscal Impact: Annual cost of the program $2,000.
f. Training: All Explosive Breachers shall be licensed as a Blaster by Cal-OSHA. All Breachers will attend an approved Explosive Breaching course. g. Legal and Procedural Rules : It is the policy of the Chino Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Use of force and Crisis Response Unit policies apply.
12. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:
Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Chino Police Department as a non-lethal tool to disperse subjects engaged in civil unrest, as described by law and AB48 and Government Code 12525.2, as well as barricaded subjects for a legitimate law en forcement purpose. The Chino Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 -Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legall y possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2 -5 minutes) and respiratory inflammation (subsides in approximately 2 minutes)
i. CTS #5230B – Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Cost: $35 Each, quantity: 50.
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ii. Defense Technology #1016 – Pyrotechnic canister grenade emitting CS smoke through for 20 to 40 seconds. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full -size tactical grenade. May be launched or hand th rown. Cost: $26.40 each, quantity:
50. iii. Defense Technology #1032 – The design of the Tri -Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. The purpose of the Tri -Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. Cost: $38.40, quantity: 50.
iv. Defense Technology #2262 – The Ferret® 40mm Round is non -burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $23.60, quantity: 100.
v. Defense Technology #6182 Spede-Heat™ - The Spede-Heat™ CS Long- Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat™ is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20- 40 seconds from a single source. Cost: $31 each, quantity: 90. vi. Defense Technology #1026 Triple -Chaser – The Triple -Chaser CE consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This is a hand-thrown munition. Cost $38.50 each, quantity:
8. vii. Defense Technology #1080 Riot Control OC - The Riot Control OC grenade is designed specifically for outdoor use in crowd control situations with a high volume of continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located at the top of the canister.
This grenade can be used to conceal tactical movement or to route a crowd.
This is a hand-thrown munition. Cost: #38.50 each, quantity: 5. viii. Defense Technology #6042 Muzzle Blast CS – The Muzzle Blast CS round can be used in cr owd management and in tactical operations such as a barricaded subject, room clearing, area denial and for small space contamination. As a pain compliance round it is an excellent device for deploying chemical-laden CS powder at close ranges. This is dep loyed from a 40mm launcher. Cost: $31 each, quantity: 10.
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ix. Defense Technology #6040 Muzzle Blast OC – The Muzzle Blast OC round can be used in crowd management and in tactical operations such as a barricaded subject, room clearing, area denial and for smal l space contamination. As a pain compliance round it is an excellent device for deploying chemical-laden OC powder at close ranges. This is deployed from a 40mm launcher. Cost: $31 each, quantity: 6.
x. Defense Technology #1097 Rubber Ball CS Blast – The Rubber Ball CS Blast grenade is a maximum effed device that delivers three stimuli for psychological and physiological effects: light, sound, and CS. The Rubber Ball CS Blast combines loud report and flash with effects of chemical agents. This is a hand-thrown munition. Cost: $35 each, quantity: 10. xi. Defense Technology #1082 Riot Control Continuous Discharge CS – The Riot Control Continuous Discharge CS is specifically designed for outdoor use in crowd control situations with a high -volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This is a hand -thrown munition. Cost:
$38.50 each, quantity: 5.
xii. Defense Technology #6172 Skat Shell CS – The Skat Shell CS multiple chemical projectile round is designed to deliver multiple CS canisters from a 40mm launcher. It is designed for outdoor use and is widely used for crowd management for the rapid and broad deployment of a chemical agent by a single grenadier. This is deployed from a 40mm launcher. Cost:
$31 each, quantity:
xiii. Defense Technology #6320, 40mm Direct Impact OC. A less lethal 40mm lightweight plastic and crushable foam projectile fired from a 40mm launcher. The 39 -gram crushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40mm Direct Impact OC Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. Cost $31, quantity 5. xiv. Defense Technology #6322, 40mm Direct Impact CS. A less lethal 40mm lightweight plastic and crushable foam projectile fired from a 40mm launcher. The 39 -gram crushable foam projectile delivers 120 ft/lbs. of energy upon impact in ad dition to dispersion of CS. The 40mm Direct Impact CS Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. Cost $31, quantity 5.
xv. Defense Technology #1092, Han-ball CS. The Han-ball CS is an outdoor use grenade expelling its payload in approximately 15 -20 seconds. The grenade holds approximately 1.6 ounces of active agent which is expelled through three ports around the equator of the ball. Cost $35, quantity 15. xvi. Defense Technology #1073, Maximum HC Smoke. The Maximum Smoke grenade is designed for outdoor in crowd control and expels its payload in approximately 1.5-2 minutes through four gas ports located at the top of the canister. The grenade can be used to conceal tactical movement or route a crowd. This is a hand-thrown munition. Cost $31, quantity 10. xvii. Defense Technology #1017, Pocket Tactical Saf -Smoke. The Pocket Tactical Saf -Smoke grenade is a small and lightweight. It will burn for
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approximately 20 -40 seconds and is normally used as a signaling or covering device. This is a hand-thrown munition. Cost $31, quantity 10. xviii. Defense Technology #6582, 40mm Ground Marker CS 200M. The 40mm Ground Marker munition is designed to deliver an irrita nt payload downrange to specified distances. The spin stabilized projectile and smokeless propulsion system produce extremely consistent velocities and range. Applications for this product include crowd control, marking and obscuration. This is deployed from a 40mm launcher. Cost $31, quantity
15. b. Purpose: To be used in response to incidents of civil unrest as described by law and AB48 and Government Code 12525.2, as well as barricaded subjects, critical incidents, CRU operations to enhance officer and community safety. c. Authorized Use: The use of chemical agents will be done so at the direction of a Mobile Field Force Commander or SWAT Commander.
d. Lifespan: The lifespan of each chemical agent is approximately 5 years from the date of manufacture (each munition has it manufacture date affixed). e. Fiscal Impact : No measurable fiscal impact for maintenance. The cost of the program is approximately $4,000.
f. Training: Certified training in the use of chemical agents for each appropriate use in crowd contro l or by the SWAT team will be completed prior to its use by any department member.
g. Legal and Procedural Rules : Use is described in the Use of Force, Civil Disturbance or Unusual Occurrence Plan, First Amendment Assemblies policies.
It is the policy of the department to use this device only for official law enforcement purposes, and pursuant to State and Federal law.
13. PepperBall Launchers and Munitions (Category 12)
a. Description, quantity, capabilities, and purchase cost:
PepperBall gives law enforcement professionals a powerful, non -lethal option for defense. PepperBall launchers use high pressure air to deliver PAVA (Pelargoinc Acid Vanillylamide) powder projectiles which are similar to a powdered “pepper spray.” The PAVA projectiles deliver kinetic energy impacts as well as the PAVA powder. It is a de -escalation tool to avoid further injuries or lethal options to a subject.
i. PepperBall VKS Carbine launcher. The VKS launcher is the strongest non- lethal consumer device available f rom PepperBall, it has an effective distance of up to 150 feet. It is powered with a high-pressure air bottle and the rounds are gravity fed through a hopper, or magazine fed. Cost: $1,300 each, quantity: 4.
ii. PepperBall SA -200 Launcher. The launcher is pow ered with a high - pressure air bottle and the rounds are gravity fed through a hopper. Cost:
$800, quantity: 1.
iii. PepperBall Tac Launcher. The launcher is powered with a high -pressure air bottle and the rounds are gravity fed through a hopper. Cost: $800, quantity: 1.
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iv. PepperBall Live Projectiles. The basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile h as a velocity of 280 -350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft.
The projectile contains 0.5% PAVA Powder. Cost: $900/ per 375 rounds, quantity: 1500.
v. PepperBall Inert Projectiles. The Inert PepperBall projectil e contains a harmless scented powder and is designed for direct impact and for training with a PepperBall Launcher, the projectile has a velocity of 280 -350 FPS.
The projectile has a direct impact of 60ft. Cost: $400/ per 375 rounds, quantity: 1500.
b. Purpose: To provide officers with a non -lethal option to deliver a chemical agent and kinetic impact to subjects for a legitimate law enforcement purpose, to affect an arrest, prevent escape or overcome resistance as define by law and department policy. It is a de-escalation tool to avoid further injuries or lethal options to a subject.
c. Authorized Use: Officers may deploy a PepperBall launcher in incidents of civil unrest as described by law and AB48 and Government Code 12525.2, as a non - lethal option to de liver a chemical agent and kinetic impact on subjects who are violent, threatening violence, who are armed, or threatening self -harm, and barricaded subjects.
d. Expected Lifespan:
i. Launchers – 5-10 years.
ii. Live and inert projectiles - 5 years
e. Fiscal Impact : Annual maintenance costs are approximately $50/ launcher.
Annual cost of the program $2,000.
f. Training: The use of these devices is limited to those who have attended certified training course on their proper use.
g. Legal and Procedural Rules : Use is described in the Control Devices and Techniques policy. It is the policy of the Chino Police Department to utilize less - lethal devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
14. Long Range Acoustic Device (LRAD) (Category 13)
a. Description, quantity, capabilities, and purchase cost:
LRAD 100X Portable Hailing System, cost: $6,000, quantity: 1. The Model 100X Portable Hailing System is a self -contained, hand-held, portable communications device for use in on-scene and tactical communications. It has the capability to be 20- 30 dB louder than legacy bullhorns and vehicle-based P.A. systems, while still being 4x- 6x louder and more intelligible than products with a comparable size and weight. Weighing at only 15 lbs. with battery.
b. Purpose: To be used in response to critical incidents or CRU operations to enhance officer and community safety, improve scene containment and stabilization. The use of breaching apparatus is for th e rapid, positive, and
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dynamic access to an objective in order to bypass obstructions such as walls, doors and windows to gain access to a desired location with legal authority. c. Authorized Use: The LRAD 100X can be used as a public address (PA) system during tactical situations or at large events where its use will benefit the community and public safety.
d. Lifespan: Approximately 10 years.
e. Fiscal Impact: No measurable fiscal impact for maintenance. f. Training: Training in its use will be conducted prio r to its use by any department member.
g. Legal and Procedural Rules: It is the policy of the department to use this device only for official law enforcement purposes, and pursuant to State and Federal law.
15. 40mm Projectile Launchers, Specialty Impact Munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:
i. Defense Technology/ LMT, 40mm single -shot launcher, #1425, cost:
$1000 each, quantity: approximately 50. The 40mm single launcher is a tactical single shot launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
ii. Defense Technology/ LMT, 40mm 4 -shot launcher, #1440, cost: $1000 each, quantity: approximately 3. The 40mm 4 -shot launcher is a tactical launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
iii. Defense Technology/ LMT, 7 -inch M203 40mm single -shot launcher, #LMP350/L2X1, cost: $1500 each, quantity: approximately 2. The 40mm single launcher is a tactical launcher that will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
iv. Defense Technology #6325, 40mm eXact Impact Sponge Round. A less lethal 40mm lightweight plastic and foam projectile fired from a 40mm launcher. The 40 -gram foam projectile delivers 120 ft/lbs. of e nergy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: approximately 300.
v. Defense Technology #6326, 40mm Direct Impact Marking Round. A less lethal 40mm lightweight plastic and foam projectile fired from a 40mm launcher. The 40 -gram foam projectile delivers 120 ft/lbs. of energy on impact and loaded with a green marking agent. The 40m m Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: approximately 5. vi. Defense Technology #6325, 40mm e Xact Impact Sponge Round. A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm launcher with a rifled barrel. The 30-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when
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fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: approximately 300. b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
Self-destructive, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents as described by law and AB48 and Government Code 12525.2, circumstances where a tactical advantage can be obtained, potentially vicious animals, training exercises or approved demonstrations. d. Training: Sworn members utilizing 40mm less lethal launchers are trained in their use by POST certified less lethal instructors.
e. Lifespan: Defense Technology/ LMT #1425, 1140, M203: approximately 25 years.
Exact Impact Sponge: approximately 5 years.
f. Fiscal Impact: Annual maintenance is approximately $50 for each launcher. g. Legal and Procedural Rules: Use is established Control Devices and Techniques Policy. It is the policy of the Chino Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached low levels, the Department may order up to 30% of stock in a fiscal quarter without City Council's pre-approval to maintain essential availability for the police department's needs.
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Revenue: Expenditure: 3227190-40000-R7221
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: MAY 3, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: COOPERATIVE AGREEMENT FOR EAST END AVENUE REHABILITATION.
RECOMMENDATION
1) Establish a Reimbursement Project No. R7221; 2) appropriate $539,000.00 from the Measure I Fund (322) with a corresponding increase in the same amount to Project No. R7221 - East End Avenue Rehabilitation Project; 3) approve a Cooperative Agreement with the County of San Bernardino for the East End Avenue Rehabilitation Project; 4) authorize a reimbursement in the amount of $235,000.00 to the County of San Bernardino; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation in the amount of $539,000.00 from the Measure I Fund (322). There is a sufficient fund balance for this purpose.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Public Service Excellence through Internal and External Partnerships
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COUNCIL MEETING DATE: MAY 3, 2022
SUBJECT: COOPERATIVE AGREEMENT FOR EAST END AVENUE REHABILITATION PAGE 2
BACKGROUND
The County of San Bernardino (County) is in the process of starting the design of the East End Rehabilitation, beginning from Chino Avenue to Grand Avenue (North of Phillips Boulevard), approximately 1.95 miles. The project includes the grind and overlay of East End Avenue and construction of curb ramps.
The project’s total cost is $2,300,000.00. The County of San Bernardino is the lead agency for the design and construction of this project, with the exception of the curb ramp design. The City of Chino’s cost share is $188,000.00 (8.16%) of the project’s total cost, which does not include contingencies. Per the terms of the agreement, the City's cost share for the project may exceed the project's cost estimate by 25% for a possible cost share not-to-exceed $235,000.00. Curb ramp design will be completed by the City in accordance with the City’s current accessibility policy.
The County prepared a Cooperative Agreement to outline the responsibilities and obligations of each agency for the design and construction of this project. The City Attorney reviewed and approved the agreement.
ISSUES/ANALYSIS
There are sufficient reserves in the Measure I Fund (322) for the ramp design and reimbursement of project costs for the East End Avenue Rehabilitation. Upon completion and formal acceptance of this project by the City, the County will receive reimbursement for a potential amount not-to-exceed $235,000.00.
Therefore, it is staff’s recommendation to approve the Cooperative Agreement with the County of San Bernardino in the amount not-to-exceed $235,000 for the East End Avenue Rehabilitation and authorize the City Manager to execute all necessary documents on behalf of the City.
A project budget summarization is provided in the table below:
Project Budget Budget Amount
Design Cost $30,000.00
Construction Cost $188,000.00
Construction Contingency (25% per agreement) $235,000.00 Project Management $6,000.00
Inspection $80,000.00
ESTIMATED TOTAL PROJECT COSTS $539,000.00
Attachments: County of San Bernardino - Cooperative Agreement Location Map
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Standard Contract Page 1 of 8
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Public Works
Department Contract Representative Stephen Martinez, Acting Engineering Manager -
Transportation Planning Division
Telephone Number (909) 387-8169
Project East End Avenue
Contractor City of Chino
Contractor Representative Maria Fraser, P.E., CIP Engineering Manager
Telephone Number (909) 334-3310
Contract Term X/XX/2022 – 12/31/2026
Original Contract Amount $188,000
Amendment Amount N/A
Total Contract Amount $188,000
Cost Center 6650002000 34H15174
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, San Bernardino County (COUNTY) and the City of Chino (CITY) (COUNTY and CITY are also each referred to herein as “Party” and collectively referred to herein as “Parties”) desire to coopera te and jointly participate in a pavement rehabilitation project on East End Avenue in the Chino area, see Exhibit “A” for list of proposed road segments (which is attached hereto and incorporated herein by this reference and hereinafter referred to as PROJECT); and
WHEREAS, the PROJECT, is located primarily within the jurisdiction of the COUNTY and partially in the jurisdiction of the CITY, and will be of mutual benefit to the Parties; and
WHEREAS, the PROJECT consists of approximately 1.95 miles of roadway pavement rehabilitation along East End Avenue in the Chino area; and
WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize CITY to contract with COUNTY for the maintenance, construction or repair of CITY streets and roads, if the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads; and
Contract Number
SAP Number
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WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads to contract with COUNTY for the PROJECT; and
WHEREAS, it is anticipated that COUNTY’s share of PROJECT costs will be from COUNTY General Funds along with Senate Bill 1 Road Maintenance and Rehabilitation Account funds and CITY’s share of PROJECT costs will be financed through its local funds; and
WHEREAS, the total PROJECT cost is estimated to be $2,300,000; and
WHEREAS, COUNTY’s share of PROJECT cost is estimated to be $2,112,000 and the CITY’s share of PROJECT cost is estimated to be $ 188,000, as more particularly set forth in Exhibit “ B”, which is attached hereto and incorporated herein by this reference; and
WHEREAS, the above -described costs are proportioned based on the work to be performed in each Party’s jurisdiction; and
WHEREAS, pavement rehabilitation on East End Avenue may require that the existing sewer and storm drain manholes be adjusted to the new level of the pavement during construction;
WHEREAS, if required, CITY will pay 100% of the actual cost for adjusting the sewer and storm drain manholes belonging to the CITY; and
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to such participation, and to the design, construction, and funding of the proposed PROJECT.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 COUNTY AGREES TO:
1.1 Act as the Lead Agency in the design, survey , California Environmental Quality Act (CEQA) compliance (Public Resources Code section 21000 et seq.), construction, construction engineering, and inspection of the PROJECT.
1.2 If required, at its own cost, design and perform all right-of-way acquisition related work inside the unincorporated COUNTY jurisdiction that is determined to be necessary for the PROJECT. Right- of way acquisition related work includes, but is not limited to, right -of-way document preparation (legal description and plat), appraisal, acquisition, temporary construction easements, utility easements, utility relocations, site clearance act ivities, plant/tree/fence/wall removal and relocation/replacement, legal negotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way).
1.3 Provide plans and specifications for the PROJECT for CITY’s review and approval.
1.4 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY, which have been reviewed and approved by CITY.
1.5 Arrange for relocation of all utilities which interfere with construction of the PROJEC T within the entire PROJECT limits, subject to paragraph 3.9 below.
1.6 Obtain a no-cost permit from the CITY for work performed within the CITY’s right-of-way.
1.7 Provide a no-cost permit to the CITY for its work in COUNTY’s right-of-way, which permit approval shall not be unreasonably withheld, delayed or conditioned.
1.8 Advertise, award, and administer the construction of the PROJECT, in accordance with the provisions of the California Public Contract Code applicable to counties.
1.9 Require its contractor to maintain and to comply throughout the term of any contract awarded by COUNTY with the insurance requirements described in County Policy Numbers 11 -07 and 11- 07SP.
1.10 Provide adequate inspection of all items of work performed under the construction contract(s) with COUNTY’s contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by CITY. COUNTY shall provide copies of any records of inspection and materials testing to CITY within ten (10) days of COUN TY’s receipt of written demand from CITY for such records. This shall be included as a PROJECT cost.
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1.11 After bid opening and prior to award of the construction contract, submit to the CITY an invoice for the estimated CITY share of PROJECT construction costs based on the COUNTY/CITY percentage share determined from the bid result.
1.12 Upon PROJECT completion , calculate actual COUNTY/CITY PROJECT share percentages based on the final contract work and cost, which shall include any changes made within the COUNTY and/or CITY as provided in this Agreement.
1.13 Based on the COUNTY percentage calculated pursuant to paragraph 1. 12, pay its share of the actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT design, survey, CEQA compliance, construction, construction engineering, inspection and COUNTY overhead costs. COUNTY’s share of PROJECT costs is estimated to be $2,112,000 and shall not exceed $2,640,000 (25% increase over the COUNTY’s PROJECT cost estimate) absent a written amendment to this Agreement pursuant to paragraph 3.17.
1.14 Upon PROJECT completion and the identification of all PROJECT expenses, submit to the CITY an itemized accounting of actual PROJECT costs incurred by the COUNTY and, if said costs exceed the a mount paid by CITY pursuant to paragraphs 1. 11 and 2. 6, an invoice for the remainder of the CITY’s share of the actual PROJECT costs, up to the amount set forth in Section
2.7 hereof, as provided herein. Said invoice shall set forth all actual PROJECT costs incurred by COUNTY, together with adequate documentation of said expenditures and a copy of the overall CITY/COUNTY percentage share calculation spreadsheet. If the actual PROJECT costs incurred by COUNTY are less than the amount paid by CITY pursuant to paragraphs 1. 11 and 2.6, then COUNTY shall refund CITY the difference w ithin thirty (30) days after issuance of the itemized accounting.
1.15 Prepare, process, and secure all necessary environmental documents required by CEQA.
2.0 CITY AGREES TO:
2.1 Review and approve the plans and specifications of the PROJECT.
2.2 If required, at its own cost and not included in this PROJECT cost, perform all right -of-way acquisition related work inside the CITY’s jurisdiction that is determined to be necessary for the PROJECT. Right -of-way acquisition related work includes, but is not limited to, right-of-way document preparation (legal description and plat), appraisal, acquisition, temporary construction easements, utility easements, utility relocations, site clearance activities, plant/tree/fence/wall removal and relocation /replacement, legal ne gotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way).
2.3 Provide a no-cost permit to the COUNTY for its work in the CITY’s right-of-way.
2.4 Provide a qualified representative who shall have the authority to discuss and attempt to resolve issues concerning the PROJECT with the COUNTY.
2.5 Obtain a no -cost permit from the COUNTY for work within the COUNTY’S right -of-way, which permit approval shall not be unreasonably withheld, delayed or conditioned.
2.6 Within thirty (30) days after receipt of the invoice from the COUNTY pursuant to paragraph 1.11 above, pay to the COUNTY the invoiced amount.
2.7 Within thirty (30) days after receipt of the itemized accounting and invoice from the COUNTY pursuant to paragraph 1.14 above, pay to the COUNTY the remainder of its share of the actual PROJECT costs, if any, based on the CITY percentage calculated pursuant to paragraph 1.12.
The PROJECT costs shall include the cost of PROJECT design , survey, CEQA compliance, construction, construction engineering, inspection and COUNTY overhead costs. CITY’s share of PROJECT costs is currently estimated to be $ 188,000 and shall not exceed $ 235,000 (25% increase over the PROJECT cost estimate) absent a written approval from the CITY’s designated representative).
2.8 Should existing sewer manholes within CITY’s jurisdiction require height adjustment to the new level of pavement during construction , CITY shall pay 100% of the actual cost for adjusting the manholes as a separate expense from this Agreement.
3.0 IT IS MUTUALLY AGREED:
3.1 Except for activities that are impossible to perform during the construction phase of PROJECT, before, during and a fter CITY’s and COUNTY’s acceptance of completed PROJECT, the
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COUNTY shall be responsible for performing any and all work (including, but not limited to, maintenance) for the COUNTY maintained highways in the PROJECT limits that are within the COUNTY unincorporated area and the CITY shall be responsible for performing any and all work (including, but not limited to, maintenance) for City streets in the PROJECT limits that are in the CITY incorporated area.
3.2 COUNTY agrees to indemnify, defend and hold harmles s the CITY and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from COUNTY’s negligent acts or omissions or willful misconduct which arise from COUNTY’s performance of its obligations under this Agreement.
3.3 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless COUNTY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from C ITY’s negligent acts or omissions or willful misconduct which arise from CITY’s performance of its obligations under this Agreement.
3.4 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.
3.5 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 3.2, 3.3 and 3.4.
3.6 COUNTY and CITY are authorized self -insured public entities for purposes of Professional Liability, Automobile Liabili ty, General Liability and Worker’s Compensation, and warrant that through their respective programs of self -insurance they have adequate coverage or resources to protect against liabilities arising out of COUNTY and CITY’s performance of the terms, conditions or obligations of this Agreement.
3.7 The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs (including, but not limited to, additional PROJECT costs caused by an increase in engineering cost, higher bid prices, change orders, or arising from unforeseen site conditions, including utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below)) over the estimated tota l of the PROJECT’s cost of $ 2,300,000 (which is the sum of $ 2,112,000 from COUNTY and $188,000 from CITY) shall be borne by each PARTY based upon where the work is required (i.e. whether the work is required in the COUNTY’s or CITY’s jurisdiction) up to th e amounts set forth in Section 1.13 and 2.7, respectively.
3.8 If either COUNTY or CITY requests additional work that is beyond the scope of the original PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work, if approved by both Parties pursuant to paragraph 3.17 will be paid solely by the agency requesting the work.
3.9 In the case wherein one of the Parties owns a utility that needs to be relocated for the PROJECT and that Party does not have prior rights for that utility, it will be the sole responsibility of that Party to relocate the utility at that Party’s cost. This shall not be included as a PROJECT cost. In the case that a utility relocation is determined to be a PROJECT cost based on that utility having prior rights, the relocation of the utility will be included as a PROJECT cost for which the COUNTY and CITY will be responsible for funding for work located within their respective boundaries.
3.10 As design progresses, if it is found by COUNTY’s Director of Public Works, or the Director’s designee, that a cost overrun of 25% or more of the estimated total of the PROJECT costs will occur, COUNTY shall provide CITY notice of this fact and COUNTY and CITY shall endeavor to agree upon an alternative course of action, including amending the cost estimates. If, after thirty (30) days of COUNTY notice, an alternative course of action is not mutually agreed upon in writing between the COUNTY and CITY, this Agreement shall be deemed to be terminated by mutual consent.
3.11 COUNTY shall notify CITY of the bids received and the amounts thereof. In the event that either Party intends to cancel this Agreement based upon the bids or amount thereof, said Party shall notify the other Party at a reasonable time prior to the awarding of a contract to construct the PROJECT to avoid any detrimental reliance by either Party, contractor or potential contractor.
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3.12 If after opening bids for the PROJECT, it is found that the responsive and responsible low bid amount is 25% or less over the construc tion cost shown in Exhibit B, COUNTY may award the contract.
3.13 If, upon opening of bids, it is found that the responsive and responsible low bid amount is over 25% more than the construction cost shown in Exhibit B or the Amended Exhibit B pursuant to paragraph 3.10 of the Agreement, COUNTY shall not award the contract unless: 1) COUNTY receives written permission from the CITY’s City Engineer or designee, to proceed with the award; and 2) COUNTY’s Board of Supervisors approves the award of the construction c ontract. If the above described conditions are not met, COUNTY and CITY shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days of the bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent.
3.14 In the event that change orders are required during the course of the PROJECT, said change orders must be delivered by fax or email and must be returned within two (2) days. The CITY shall not unreasonably withhold approval of change orders. If a CITY disapproved or modified change order is later found to be a cost of the PROJECT, then the CITY shall be responsible for any costs, awards, judgments or settlem ents associated with the disapproved or modified change order.
3.15 This Agreement may be cancelled upon thirty (30) days advance written notice of either Party, provided however, that neither Party may cancel this Agreement after COUNTY awards a contract to construct the PROJECT. In the event of cancellation as provided herein, including termination pursuant to paragraphs 3.10, 3.11 and 3.13 above, all PROJECT expenses occurred prior to the effective date of cancellation/termination shall be paid by the Parties in the same proportion to their contribution for the PROJECT. The Parties recognize and agree that the provisions governing utility relocation and construction are dependent upon the Parties first satisfying CEQA.
As provided in this paragraph, the Agreem ent may be cancelled with or without cause, before, during and after CEQA review/approval.
3.16 Except as provided in paragraphs 3.15 and 3.24 , and except for the Parties ’ operation, maintenance and indemnification obligations contained herein which shall survive termination, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the CITY for its share of the PROJECT costs or refund by COUNTY pursuant to paragraph 1.14.
3.17 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. No supplement, modification, or amendment of this A greement shall be binding unless executed in writing and signed by both Parties.
3.18 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and tried in the appropriate state court, located in the County of San Bernardino, California.
3.19 Time is of the essence for each and every provision of this Agreement.
3.20 Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. A ny term referencing time, days or period for performance shall be deemed COUNTY work days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.21 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.22 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated.
3.23 This Agreement may be signed in counterparts, each of which shall constitute an original.
10.7.a
Establish Reimbursement Project for East End Avenue
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3.24 This Agreement will be effective on the date signed and approved by both Parties and shall terminate u pon satisfaction of the terms identified in paragraph 3.16 or December 31, 2026 (whichever occurs first).
3.25 All notices, approvals, consents or other documents required or permitted under this Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three calendar days after deposit in the United States mail, certified, with first class postage, fully prepaid, addressed as follows:
CITY:
City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Public Works Department
Engineering Division
COUNTY:
San Bernardino County
Department of Public Works
825 E. Third Street Room 143
San Bernardino, CA 92415
Attn: Transportation Planning
Division
3.26 The Recitals are incorporated into the body of this Agreement.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties.
IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Aaron Gest, Deputy County Counsel Andy Silao, P.E. Brendon Biggs, Director Date Date Date
SAN BERNARDINO COUNTY
CITY OF CHINO
(Print or type name of corporation, company, contractor, etc.)
By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name: Anthony Arroyo
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title: Interim City Manager Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
(Print or Type)
By Dated:
Deputy
Address
13220 Central Avenue
Chino, CA 91710
10.7.a
Establish Reimbursement Project for East End Avenue
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Revised 7/15/19 Page 7 of 8
EXHIBIT A
EAST END AVENUE ROAD LIST FOR COUNTY/CITY
PAVEMENT REHABILITATION IN THE CHINO AREA
Road Name Road Limits County
Length
City
Length
Total
Length Scope of Work
East End Avenue Chino Ave north to 0.01M
south of Walnut Ave 0.86 0.09 0.95
Mill and Overlay,
Glaspave 50,
Leveling Course
East End Avenue 0.13M south of Philadelphia St
north to Phillips Blvd 0.8 0.07 0.87
Mill and Overlay,
Glaspave 50,
Leveling Course
East End Avenue Phillips Blvd north to 0.03M
south of Grand Ave 0.13 - 0.13
Mill and Overlay,
Glaspave 50,
Leveling Course
Total 1.79 0.16 1.95
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Establish Reimbursement Project for East End Avenue
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EXHIBIT B
DESCRIPTION AMOUNT
COUNTY OF SAN
BERNARDINO
SHARE
CITY OF CHINO
SHARE
Construction
(including contingencies) $1,900,000 $1,745,000 $155,000 All Other Costs such as
design, survey, CEQA
compliance, construction
engineering, inspection
and County overhead
$400,000 $367,000 $33,000
TOTAL $2,300,000 $2,112,000 $188,000
10.7.a
Establish Reimbursement Project for East End Avenue
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Legend:
Mill and Overlay, GlasPave 50, Leveling
Course
Mill and Overlay, GlasPave 50, Leveling
Course (City of Chino)
Mill and Overlay, GlasPave 50, Leveling
Course (City of Pomona)
Chino Area
COUNTY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS
DISTRICT 4
YARD 3
WO TBD
LOCATION MAP
EAST END AVENUE
Chino Ave N/0.01M S, Walnut Ave and 0.13M S,Philadelphia Ave N/0.03M S, Grand Ave
Mill and Overlay, Glaspave 50, Leveling Course
Chino Ave
East End Ave
East End Ave
Walnut Ave
Philadelphia St
Grand Ave
10.7.b
Establish Reimbursement Project for East End Avenue
Packet Pg. 62
Revenue: Expenditure: 3227190-40000-MS181
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: MAY 3, 2022
TO: ANTHONY ARROYO, INTERIM CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: APPROPRIATION OF FUNDS: MS181 - FY2021-22 LOCAL STREET OVERLAY - TRONKEEL-16TH, 17TH, 18TH.
RECOMMENDATION
1) Appropriate $134,750.00 from the Measure I Fund (322) with a corresponding increase to Project No. MS181, for a revised project budget of $1,787,576.52; 2) approve Contract Change Order No. 1 to Contract No. 2022 -259 with PALP dba Excel Paving to include an additive alternate bid item; and 3) authorize the Interim City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation in the amount of $134,750.00 from the Measure I Fund (322) with a corresponding increase to Project No. MS181, for a revised project budget of $1,787,576.52.
There is sufficient fund balance for this purpose.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships
10.8 NEW BUSINESS
Packet Pg. 63
COUNCIL MEETING DATE: MAY 3, 2022
SUBJECT: APPROPRIATION OF FUNDS: MS181 - FY2021-22 LOCAL STREET OVERLAY - TRONKEEL-16TH, 17TH, 18TH
PAGE 2
BACKGROUND
On February 15, 2022, the City Council awarded a construction contract to PALP DBA Excel Paving Long Beach, CA, to construct MS181 FY 2021 -22 Local Street Overl ay Project for $1,190,605.00. Also approved was a contingency of $119,061.00 for a potential contract amount not-to-exceed $1,309,666.00. The proposed improvements include pedestrian access ramps, sidewalk, curb and gutter, pavement resurfacing (cold mill and overlay), pavement markings, and striping improvements on Serene Avenue between Benson Avenue and alley on the east; 16 th, 17th, and 18 th Streets between Serene Avenue and Tronkeel Avenue. Work also includes reconstructing pedestrian access ramps on Tr onkeel Avenue at 16 th, 17 th, and 18 th Street intersections. The bids also included a bid alternate in the amount of $134,750 to completely reconstruct 18th street in lieu of just grind and overlay. This project will construct new curb and gutters along 18 th Street and that, combined with condition of the street, makes it difficult to repair the street with grind and overlay only. Staff intended to recommend awarding the optional bid item with the original award of contract, but it was inadvertently left out . The additive alternate scope on 18 th Street is required to properly complete the proposed improvements. Therefore, staff is recommending amending the contract to add the alternate bid item.
ISSUES/ANALYSIS
Staff recommends an appropriation of $134,750. 00 from the Measure I Fund (322) with a corresponding increase to Project No. MS181, for a revised project budget of $1,787,576.52.
Staff also recommends approving Contract Change Order No. 1 to Contract No. 2022 -259 for $134,750.00 to include an additive alternative bid item. Additionally, it should be noted that the original $119,061.00 original construction contingency approved by City Council remains available and unexpended. Staff intends to keep the remaining contingency in place to accommodate any unforeseen conditions in the field during construction.
Attachment: Contract No. 2022-259 Change Order No.1
10.8 NEW BUSINESS
Packet Pg. 64
DATE:
PROJECT: $1,190,605.00
$0.00
LOCATION: 16th, 17th, 18th Streets between Tronkeel Ave and $134,750.00 Serene Ave, and Serene from Benson to 18th St $1,325,355.00 TO (Contractor): PALP Inc. dba Excel Paving Company
UNIT UNIT PRICE
CHANGE IN
CONTRACT
PRICE
SF $ 5.50 $ 134,750.00
134,750.00$
-$
134,750.00$
$134,750.00
$1,325,355.00 including the previously authorized change orders in sum of The time provided for completion in the contract is increased by 10 working days. The completion date is 10/26/2022 .
NET CHANGE IN CONTRACT PRICE
and the total adjusted contract price to date
This document shall become an amendment to the contract and all provisions of the contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated. 2022-259
FY 19/20 Local Street Overlay Project
QUANTITY
Adjusted Contract Amount:
THE CONTRACT IS CHANGED AS FOLLOWS:
Previously Authorized Contract Change Orders:
ITEM
NO.
CONTRACT NO.:
Original Contract Amount:
MS-181
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER
CHANGE ORDER NO: 0104/21/22
Authorized Amount For This Contract Change Order:
TOTAL CHANGE ON THIS CONTRACT CHANGE ORDER
DESCRIPTION
The sum of
TOTAL CHANGE ON PREVIOUSLY AUTHORIZED CONTRACT CHANGE ORDERS CCO
01 $0.00A
fter field reviews during preconstruction phase with the Contractor, it was determined that the existing roadway conditions on 18th Street require full asphalt reconstruction due to deteriorated asphalt.
Contractor shall proceed with work as shown on Bid Alternate 1 to its submitted bid: Remove, dispose and construct full pavement restoration for 18th Street (only) from Tronkeel Avenue north to Serene Avenue. Pavement restoration shall be 2” AC finish course over 3” AC base course over 6” aggregate base. All courses to be compacted to 95% psi.
thereby is
is hereby applied to the contract price of $1,190,605.00 24,500.00
City of Chino
EunicE m. ulloa
mayor
maRc lucio
mayor Pro Tem
KaREn c. comST ocK
cHRiST oPHER FloRES
WalT PococK
council members
anTHonY aRRoYo
interim city manager
13220 central avenue, chino, california 91710
mailing address: P.o. Box 667, chino, california 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org
10.8.a
Appropriation of Funds: MS181 - FY2021-22 Local Street
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MS-181
10.8.a
Appropriation of Funds: MS181 - FY2021-22 Local Street
Packet Pg. 66
DATE: CONTRACT NO.:
ACCEPTED BY:
RECOMMENDED BY: Okan Demirci, PE
APPROVED BY: Maria Fraser, PE
APPROVED BY: Amer Jakher, PE
Director of Public Works
APPROVED BY: Anthony Arroyo
ATTEST:
Date
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER
Contractor
04/21/22
ST-183&SD-211
City Clerk
CIP Manager
Date
Date
Date
Project Engineer
NOTE: All workmanship and materials called for by this Change Order shall be fully in accordance with the original Contract Document insofar as the same may be applied without conflict to the conditions set forth by this Change Order. The time for completing the Contract will not be extended unless expressly provided for in the Change Order. This Change Order shall not be considered as such until it has been signed by authorized representatives of the Contractor and the City. Upon final approval, distribution of copies will be made as required.
CHANGE ORDER NO: 01
Date
2022-259
DateInterim City Manager
City of Chino
EunicE m. ulloa
mayor
maRc lucio
mayor Pro Tem
KaREn c. comST ocK
cHRiST oPHER FloRES
WalT PococK
council members
anTHonY aRRoYo
interim city manager
13220 central avenue, chino, california 91710
mailing address: P.o. Box 667, chino, california 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org
04/21/2022
MS-181
10.8.a
Appropriation of Funds: MS181 - FY2021-22 Local Street
Packet Pg. 67
DATE: CONTRACT NO.:
1. Necessity for change:
2. Is proposed change an alternate bid?
3. Will proposed change alter the project scope?
4. Effect of this change on project contractors? None
5. Has consent of surety been obtained?
6. If Yes, will the policies be extended?
7. Effect on operation and maintenance costs: None.
DISTRIBUTION:
Original: Contract File/City Clerk
Copy: Project Engineer for Contractor
Management Analyst (2)
Project File
PW CO File
ST-183&SD-211
04/21/22 CHANGE ORDER NO: 01
Will this change effect expiration or extent of insurance coverage? See page 1.
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER
REQUEST AND JUSTIFICATION FOR CHANGE
2022-259
No
Yes
Yes
No
No
No
No
Not Necessary
Yes
Yes
Yes
Yes
MS-181
10.8.a
Appropriation of Funds: MS181 - FY2021-22 Local Street
Packet Pg. 68
5.50 134750.00
134,750.00
ONE HUNDRED THIRTY FOUR THOUSAND SEVEN HUNDRED FIFTY
AND 0/100
10.8.a
Appropriation of Funds: MS181 - FY2021-22 Local Street
Packet Pg. 69
10.8.b
Appropriation of Funds: MS181 - FY2021-22 Local Street
Packet Pg. 70
Revenue: Expenditure: 1002000-43300-N2032
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: MAY 3, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: CHRISTOPHER FLORES, COUNCIL MEMBER
SUBJECT: COMMUNITY SUPPORT CONTRIBUTIONS.
RECOMMENDATION
Approve community support fund contribution to Rancho Del Chino Rotary Club in the amount of $250.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2021-22 Operating Budget.
11.9 MAYOR AND COUNCIL REPORTS
Packet Pg. 71
COUNCIL MEETING DATE: MAY 3, 2022
SUBJECT: COMMUNITY SUPPORT CONTRIBUTIONS
PAGE 2
BACKGROUND
The City of Chino is fortunate to have multipl e non-profits and programs dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time, authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Council Member Flores recommends that the City Council app rove the following contribution:
• Rancho Del Chino Rotary Club - $250: Serving residents in the cities of Chino, Chino Hills, and Montclair since 1989. Provide funding and volunteer support of community activities and charities.
By approving th is contribution, this non-profit organization will be better equipped to provide services to our community . Therefore, as proposed by Council Member Flores, staff recommends that the City Council approve a community support contribution to the above non- profit in the amount specified.
11.9 MAYOR AND COUNCIL REPORTS
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