Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Co uncil, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and ad dress optional) which is available at the entrance to the 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 Disabilities Act , or for any other reason, please contact the City Clerk’s Office at (909) 334-3306. Notification of at least 48 hours prior to the advertise d starting time of the meeting will help the City make reasonable arrangements.
Any documents produced by the City and distributed to a majori ty of the City Council regarding any item on this agenda will be made a vailable 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 JANUARY 3, 2023
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
AGENDA
ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.
CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the Ci ty 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
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1):
1. City of Chino v. GH Dairy, et al. (San Bernardino County Superior Court Case No. CIVDS1931489)
2. City of Chino v. Jianyun Wang, et al. (San Berna rdino County Superior Court Case No. CIVSB2108062)
Note: This agenda packet was revised on Tuesday, January 3, 2023 at 9:45 a.m. to include revised attachments for Item No. 8. The revised attachments are located at PDF pages 109-116.
CHINO CITY COUNCIL
JANUARY 3, 2023 2
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
FLAG SALUTE
CEREMONIALS
Presentations
Chino Youth Christmas Parade Decorated Entry Competition Winners - Best Use of Theme: American Heritage Girls Troop CA 3130 - Best Overall Walker: Our Lady of Guadalupe Church
- Best Overall Vehicle/Float: Cub Scout Pack 205
Mayor's Home Beautification Award January 2023
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 Co uncil about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97 - 08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).
CONSENT CALENDAR
At this tim e, m embers of th e 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 763270 to 763527, and Electronic Fund Transfers 516427E to 516521E, totaling $4,977,087.92.
2. Minutes. December 6, 2022 Regular Meeting Minutes.
December 6, 2022 Special Meeting Minutes.
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
CHINO CITY COUNCIL
JANUARY 3, 2023 3
4. 2022 Justice Assistance Grant. Acceptance of the 2022 Justice Assistance Grant in the amount of $22,413 and appropriation of the same amount from the unappropriated reserves of the Justice Assistance Fund 135 with a corresponding increase to the revenues.
5. Irrevocable Agreement to Annex for Sewer Service - 3408 Chino Avenue. Adopt Resolution No. 2023-001 conditionally approving an irrevocable agreement to annex for sewer service and request approval from the Local Agency Formation Commission for the property located at 3408 Chino Avenue within the City of Chino's Sphere of Influence.
6. Adopt Ordinance No. 2022 -018, Amending Chapter 10.28.065 (Second Reading) . Adopt Ordinance No. 2022 -018, amending Chap ter 10.28.065 of the City of Chino Municipal Code allowing parking restrictions for street sweeping purposes citywide.
ORDINANCE NO. 2022-018
AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER
10.28.065 OF THE CHINO MUNICIPAL CODE TO ALLOW PA RKING
RESTRICTIONS FOR STREET SWEEPING PURPOSES CITYWIDE
7. Adopt Ordinance No. 2022 -019, Authorizing the Levy of S pecial Taxes (Falloncrest) (Second Reading). Adopt Ordinance No. 2022 -019, Authorizing the Levy of Special Taxes within the Community Facilities District 2022-1 (Falloncrest)
ORDINANCE NO. 2022-019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-1 (FALLONCREST) OF THE CITY OF CHINO AUTHORIZING
THE LEVY OF SPECIAL TAXES WITHIN THE DISTRICT
M _____ S _____ RC _____
NEW BUSINESS
8. Adopt Resolution No. 2023-004 Amending Sworn Classifications Salary and Benefits. Approve Resolution No. 2023-004 Amending Sworn Classifications Salary and Benefits.
Staff Report by: Geriann Kingslan, Director of Human Resources/Risk Management.
RECOMMENDATION: 1) Approve Resolution No. 2023 -004 Amendi ng Sworn Classifications Salary and Benefits; 2) appropriate $1,524,902.72 from the following two funds; $6 27,589.16 from the General Fund and $897,313.56 from the Employee Service Fund; and 3) authorize the City Manager to execute all documents on behalf of the City.
M _____ S _____ RC _____
CHINO CITY COUNCIL
JANUARY 3, 2023 4
MAYOR AND COUNCIL REPORTS
This is the time and place for th e Mayor and Council Members to report 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 Comstock
Council Member Burton
Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
ADJOURN
The next meeting of the City Council will be a Strategic Plan and Goal Setting Workshop on Tuesday, January 10, 2023 at 9 a.m. at the Chaffey College Chino Community Center located at 5890 College Park Avenue, Chino, CA 91710. The next Regular Meeting of the City Council will be held on Tuesday, January 17, 2023 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
I, Natalie Gonzaga, Acting City Clerk of the City of Chino, hereby declare that on Thursday, December 29, 2022 , this a genda was p osted on the south window of Chino City Hall and this agenda together with all of the agen da reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, Acting City Clerk
5.a
Mayor's Home Beautification Award - January 2023
Packet Pg. 5
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: JANUARY 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.
RECOMMENDATION
Approve expenses as audited and within budget for warrants 763270 to 763527, and Electronic Fund Transfers 516427E to 516521E, totaling $4,977,087.92.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 22-23 Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further s 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
10.1 CONSENT CALENDAR
Packet Pg. 6
COUNCIL MEETING DATE: JANUARY 3, 2023
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. 763270 – 763431 12/1/22 22-23 $2,395,273.48
2. 763432 – 763527 12/8/22 22-23 $1,199,008.70
3. 516427E – 516490E 12/2/22 22-23 $383,780.36
4. 516491E – 516521E 12/9/22 22-23 $999,025.38
E: Electronic Fund Transfers
TOTAL $4,977,087.92
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
10.1 CONSENT CALENDAR
Packet Pg. 7
Council Meeting 1/3/23
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
763273 12/01/2022 ALL AMERICAN ASPHALT CITYWIDE SLURRY SERVICES $751,607.78 763289 CALGON CARBON CORPORATION CARBON EXCHANGE $99,410.40 763305 CT & T CONCRETE PAVING INC CONCRETE MAINTENANCE $461,651.25 763312 DYETT & BHATIA, URBAN & REGIONAL
PLANNERS
GENERAL PLAN UPDATE $83,793.37
763345 J & S STRIPING CO INC STREET STRIPING SRVICES $93,551.86 763422 US BANK CORPORATE PAYMENT SYSTEM PURCHASING CARD PAYMNT-OCTOBER 22 $58,599.64 763427 WASTE MANAGEMENT COLLECTION SERVICES $422,526.97 516469 12/02/2022 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE $55,318.02 516489 YUNEX LLC TRAFFIC SIGNAL MAINTENANCE $50,143.30 763444 12/08/2022 BONADIMAN WATER, INC STORM DRAIN REHAB $107,977.00 763472 GENTRY BROTHERS INC FY2020/21 ALLEY RENOVATIONS $219,266.72 763477 HAZEN AND SAWYER WELL 17 DESIGN SERVICE $50,932.92 763494 PACIFIC HYDROTECH CORPORATION EWTF EXPANSION PROJECT $189,344.40 763507 SANCON TECHNOLOGIES INC SEWER RELINE FY2021/2022 $107,046.00 763515 SO CAL EDISON CO SERVICE PERIOD 09/30-11/30 $199,735.94 763525 WASTE MANAGEMENT COLLECTION SERVICES $86,966.37 516505 12/09/2022 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $788,093.80
17 TOTAL $3,825,965.74
10.1.a
Warrants
Packet Pg. 8
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY DECEMBER 6, 2022
TREE LIGHTING CEREMONY – 6:00 PM
OPEN SESSION – 7:00 PM
MINUTES
CALL TO ORDER
The December 6, 2022, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 7:00 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.
ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Member Karen C.
Comstock, Council Member Christopher Flores, Council Member Walt Pocock.
ABSENT: None
FLAG SALUTE
Council Member Pocock led the assembly in reciting the Pledge of Allegiance.
PRESENTATION BY THE CHINO COMMUNITY CHORUS
Mayor Ulloa welcomed the Chino Valley Community Chorus who performed a melody of holiday songs.
CEREMONIALS
Presentations
Mayor Ulloa presented the 2022 Sports Legends Youth Volunteer Award Winner Vince Alamillo of Chino National Little League.
Mayor Ulloa recognized the 2022 City of Chino Photo Contest Winn ers for the following categories:
Chino Animals: Elise Rall, Sunset at the Dairy Farm
Chino Fun: Emilie Soukhaseum, Woooaaahhhhh! Hang on tight! Chino Living: Shannon Hoover, Sunset run
Chino Nature & Landmarks: Gilbert Martinez, Strawberry Fields Forever Mayor Ulloa presented the Business of the Month December 2022 - Chino Riverside Cleaners.
Omega Tjokrosurjo was present to accept the award.
10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
DECEMBER 6, 2022 2
Mayor Ulloa announced the Mayor's Home Beauti fication Award winner for December 2022 is the Kerber Family of Chino.
Mayor Ulloa presented Council Member Walt Po cock with his parking space sign and recognized him for his final City Council meeting tonight.
AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported that there were no agenda additions or revisions.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following:
• The Chino Youth Christmas Parade and Fai r is taking place this Saturday, December 10th at 9 a.m. starting at the corner of Monte Vista Avenue and Riverside Drive and will finish at the corner of Central and Chino Avenues in front of the Chino Civic Center. For more information, contact our Community Services Department at (909) 334-3258. • In observance of Christmas, City Hall will be closed at 12:00 p.m. noo n on Friday, December 23 in obse rvance of Christmas Eve. C ity Hall will be closed on Monday, December 26 in observance of Christmas Day. City Hall will reopen the followin g day, Tuesday, December 27 at its regular operating hours of 7:30 a.m. to 5:30 p.m. • In observance of the New Year’s Holiday, City Hall will be closed at 12:00 p.m. noon on Friday, December 30 in observance of New Year’s Eve. City Hall will then be closed on Monday, January 2 in observance of New Year ’s Day. City Hall will then open at its regular operating hours of 7:30 a.m. to 5:30 p.m. on Tuesday, January 3. • The December 20 Regular City Council meeting will be cancelled, and instead, a Special Called me eting will be hel d on Tuesday, December 13 at 7 p.m. in the Council Chambers. For more information, call the City Clerk’s Office at 909-334-3306. • The City of Chino was recognized as one of the top ten “Boomtowns” in the United States. This growth and our continuous efforts to provide housing and jo bs caught the attention of CBS News who ran a story on our success this past weekend.
The “Boomtown” news story was played for the City Council, staff, and audience.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported on the closed session it ems from the City Council called Special meeting that took place at 5:00 p.m.
1. CONFERENCE WITH LABOR NEGOTIATOR(S).
Pursuant to Government Code Section 54957.6:
Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Man agement.
Employee Organizations: Chino Police Officers Ass ociation, Chino P olice Management Association, and Unrepresented Sworn.
City Attorney Galante re ported that City Coun cil receiv ed a briefing, provided direction, and no further reportable action was taken.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
Norma Alcantar Moreno v. City of Chino (Case No. CIVSB 2210469)
10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
DECEMBER 6, 2022 3
City Attorney Galante reported that City Coun cil receiv ed an up date, provided direction, and no further reportable action was taken.
PUBLIC COMMENTS
Charleen King of Isaiah’s Rock provided the Invocation.
Jacqueline Elizalde, representing Congresswoman Norma J. Torres’ Office, provided information on open grant opportunities.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 762814 to 763269, and Electronic Fund Transfers 516277E to 516426E, totaling $9,020,997.82
2. Minutes. Regular Meeting of November 15, 2022 (All Members Present)
3. Elected City Officials’ Report Regarding Travel, Training , and Meetings. Receive and file the Elected City Officials' Report reflecting City Council busines s related expense s incurred by the City and forecast of future events and trainings.
4. Public Improvement Agreement for the Chino Hills Animal Hospital Pr oject at 3415 Chino Avenue (PL18-0106). Approve a Public Improvement Agreement with Dunbar Holdings Chino, LLC for t he construction of public improvement s located at 3415 Chino Avenue. The project is exempt from the California Environmental Quality Act (C EQA) Guidelines pursuant to Section 15332, Infill Development Projects.
5. Initiate Annexation to t he Lighting and L andscape District for the Chino Hills Animal Hospital Addition Project - 3415 Chino Avenue (PL18 -0106). Adopt Resolution No. 2022 -080 ordering the City Engineer to prepare and f ile a report for an nexation of PL18 -0106 to Landscape and Lighting District No . 20 02-1 (Annexation/Zone No. 89); ap prove the Engineer ’s Report; and schedule a public hearing for February 7, 2023.
6. Annexation of Ter ritory into Community Facilities Distri ct No. 2020 -1 for M unicipal Services (Scannell Properties). Adopt Resolution No. 2022-086, declaring the City of Chino’s Intention to annex Territory to Community Facilities District No. 2020-1 for municipal services.
7. Amendment to Professional Service s Agreement with EX P U. S. Services, Inc . Approve an Amendment to Professional Services Agreement with EXP U.S. Ser vices, Inc. in the amount of $115,080 for the Euclid/Pine Avenue Intersection Improvement Project (ST203).
8. Development Impact Fee Report for Fiscal Year 202 1-22. Receive and file the Development Impact Fee Report for Fiscal Year 2021-22 as required by California Government Code Section 66006.
9. Community Facilities Districts Annual Reporting for Fiscal Year Ending June 30, 2022. Receive and file the Community Facilities Districts Report pursuant to Senate Bill 165 (Local Agency Tax and Bond Accountability Act).
10. Fire Suppression F acilities, Vehicles and Equipment Development Impact Fee Credit Fi nal Reconciliation - Chino Development Corporation. Autho rize Fire Suppression Facilities, Vehicles and Equipment Development Impact Fee credit in the am ount of $781,267.65 per the terms of Construction Credit Agreement No. 2021-086 with Chino Development Corporation for Fire Station No. 63 located at 7550 Kimball Avenue.
10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
DECEMBER 6, 2022 4
11. Construction Contingency Increase for Proj ect No. WA225 Recycled Water Project at Ayala Park. Au thorize an increas e of $3,202.30 in Construction Contingency for Project No. WA225 and approve Change Order No. 1 in the am ount of $11,834.30 to Contract No. 2022 -152 with Norfork, Inc.
12. Additional Appropriation to Community Services Fund. Appropriate an additional $8,000 to the Community Services Fund for services provided at the Ha lloween Spooktacular Event on October 31, 2022.
13. Beazer Ho mes Holdings, LLC - Final Tract Map No . 20173 & Subdivi sion Improvement Agreement. Approve Tract Map No. 20173, generally located north of Pine Avenue, on the east and west sides of Meadowhouse Avenue; and approve the correlating Subdivision Improvement Agreement with Beazer Homes Holdings, LLC.
14. Final Acceptance of Public Improvement - Havadjia Holdings, Inc . (Farmer Boys) . Accept the public improvements for Havadjia Holdings, Inc. (Farmer Boys Restaurant) Site Approval PL16- 0772 and Special Use Permit PL16-0773, located at 7031 Kimball Avenue, as comple te a nd authorize release of the performance bond and initiate the warranty bond.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 5-0 vote to approve Consent Calendar Items 1 through 14.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
PUBLIC HEARING
15. Introduction of Ordinance No. 2022 -018. Introduction of Ordinance No. 2022 -018 Amending Chapter 10.28.065 of the Chino Municipal Code to allow for Street Swe eping Parking Restrictions Citywide.
Mayor Ulloa opened the public hearing.
Dennis Ralls, City Traffic Engineer, began the presentation of the staff report.
Mayor Ulloa closed the public hearing in order to hear a general public comment request that was missed. (See Public Comments section of agenda).
Mayor Ulloa re-opened the public hearing.
Dennis Ralls, City Traffic Engineer, continued the presentation of the staff report.
Mayor Ulloa closed the public hearing.
There be ing no one present to address the City Council on this item, the Mayor called for a motion and second.
City Attorney Fred Galante read the title of the Ordinance into the record.
ORDINANCE 2022-018
AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 10.28.065 OF THE CHINO MUNICIPAL CODE TO ALLOW
PARKING RESTRICTIONS FOR STREET SWEEPING PURPOSES CITYWIDE
10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
DECEMBER 6, 2022 5
Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 vote to 1) conduct a public hearing; 2) approve the introduction of the first reading of Ordinance No. 2022-018 that will amend Chapter 10.28.065 to the City’s Municipal Code to allow for pa rking re strictions for street sweeping purposes citywide, to be read by number and title only, and waiv e fu rther reading of the Ordinance; and 3) approve Resolution No. 2022 -082 Resolution 2022 -082 Limit ing On -Street Parking for Street Sweeping.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
16. Annexation to the Landscape and Lighting District for the Yorba XC Project at 13 404 Yorba Avenue (PL20 -0029). Approve Resolution No. 2022 -081 ordering the annexation of Site Approval PL20-0029 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 91) located at 13404 Yorba Avenue.
Mayor Ulloa opened the public hearing.
Jesus Plasencia, Assistant City Engineer, provided a report.
There be ing no one present to address the City Co uncil on this item, the Mayor closed the public hearing.
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0 vote to 1) conduct a public hearing; 2) approve Resolution No. 2022 -081 ordering the annexation of PL20-0029 into the Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 91); and 3) auth orize the Ci ty Manager to execute the necessary documents on behalf of the City.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
17. Formation of Community Facilities District 2022 -1. Conduct a Public He aring re garding the formation of Community Facilities District No. 2022-1 in The Preserve.
Mayor Ulloa opened the public hearing.
Nadyne Lowry, Fiscal Services Manager, provided a report.
There being no one present to address the City Council on this item, the public hearing was closed.
Moved by Council Member Pocock, seconded by Mayor Pro Tem Lucio, and carried on a 5-0 vote to 1) conduct a Public Hearing regarding th e formation of Community Facilities District No. 20 22-1; 2) accept tax c onsultant’s report; 3) adopt Resolution No. 2022-083, establishing CFD No. 20 22-1, a uthorizing the levy of special taxes , and calling an election; 4) adopt Resolution No. 2022-084, det ermining the necessity to inc ur bonded indebtedness; 5) conduct a special election with the property owners.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
DECEMBER 6, 2022 6
City Clerk Angela Robles opened the ballots cast and read the results of 21 votes in favor of the proposition.
Mayor Ulloa requested a motion and second to adopt Resolution No. 2022 -085 certifying the results of the election along with the introduction of Ordinance 2022-019 authorizing the levy of the special tax and the bonded indebtedness within the District.
City Attorney Fred Galante read the title of the Ordinance into the record.
ORDINANCE 2022-019
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHIN O,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DIS TRICT NO. 2022 -1 (FALLONCREST) OF THE
CITY OF CHINO AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN THE
DISTRICT
Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 5-0 vote to 6) adopt Resolution No. 2022-085, declaring res ults of the special election and directing recording of the sp ecial tax lien; and 7) ap prove the int roduction of Ordinance No. 2022-019, levying a specia l tax, to be read b y number a nd title only, and waive further reading of the Ordinance.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
NEW BUSINESS
18. Civic Center Master Plan. Consideration and adoption of the Civic Center Master Plan.
Vivian Castro, Deputy City Manager, provided a report.
Greg Marquez , resident of Chino and Chino Communi ty S ervices Commissioner, provide d a public comment regarding his concerns regarding the estimated cost associated with the Civic Center Master Plan.
City Council members and City Manager Re ich provided information in response to the concerns Mr. Marquez shared regarding the proposed Civic Center Master Plan and explained the importance of having a plan for the fut ure. It was clarified that all options were explored and evaluated with community input when creating the Civic Center Master Plan and renovations to buildings were not a financially reasonable option.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Pocock, and carried on a 5-0 vote to adopt the City of Chino Civic Center Master Plan.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
DECEMBER 6, 2022 7
19. Purchase of Real Property at 12921, 12923 and 12931 Central Ave nue. Adopt Resolution No. 2022-087 authorizing the Purchase and Sale Ag reement with Chong Su Yi and Randy K. Yi for City to acquire the properties at 12921, 12923 and 12931 Central Avenue.
Fred Galante, City Attorney , provided a report on the item. Mr. Galante noted the Plan ning Commission heard the item at their meeting on December 5, 202 2 and approved the item as conforming with the City’s General Plan, with a vote of 4-0 with three Commissioners absent.
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0 vote to 1) adopt Resolution No. 2022-087 authorizing the Purchase and Sale Agreement of Real Property subject to the City Attorney's appr oval as to form to acquire the properties at 12921, 12931, and 12923 Central Avenue , Chino, CA. , from owners Chong Su Yi and Randy K Yi and fees associated with the purchase not to exceed $5,000; 2) establish a project tracking numb er PF233 in the Building Management Fund 650; 3) appropriate $2,040,000 to the Building Management Fund 650 with a year end back fill from the unappropriated reserves of the General Fund; and 4) authorize the City Manager to execute all documents on behalf of the City.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
20. Consideration o f the Establishment of a R esidential Parking Per mit Are a within the Parkside Village Community . Consideration to Set a Public Hearing to Establish a Residential Permit Parking Area within the Parkside Village Community.
Dennis Ralls, City Traffic Engineer, provided a report on the item.
City Council members asked clarifying questions. Discussion ensued regarding all other options available for parking in this community. Staff agreed this is a unique situation and provided more detail for the Council members. The City Council de cided to move forward to allow the Public Hearing so the residents can be heard.
Moved by Council Member Comstock, seconded by Mayor Pro Tem Lucio, and carried on a 5-0 vote to 1) receive the parking survey prepared by the City Traffic En gineer evaluating the nee d to establish a Residential Permit Parking Area (RP PA) wit hin the Parkside Village Community; 2) determine if evidence exists to schedule a public hearing on Tuesday, January 17, 2023 to establish said RPPA; and 3) determine if no tice of the public hearin g sh all include mailed notices to every residence in the pr oposed RPP A impacted area, in accordance Chapter 10.29 of the Chino Municipal Code.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
21. Award of Contract - Re-sodding o f S ports F ields. Award a co ntract to Souther n Californi a Landscape Inc., Fontana, CA in the amount of $527,056.15 to re-sod various City sports fields, including four (4) soccer fields located at Ayala Park.
Ben Orosco, Acting Public Works Services Manager, provided a report.
10.2 CONSENT CALENDAR
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DECEMBER 6, 2022 8
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0 vote to 1) award a contract to Southern California Landscape Inc., Fontana, C A in the amount of $527,056.15 to re -sod various Ci ty sports fields; and 2 ) au thorize t he C ity Manager to execute all necessary documents on behalf of the City.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
22. Professional Services Agreement for Engineering and Design Se rvices - Project No. WA231 .
Award a Professional Services Agreement with Hazen and Sawyer, Irvine, CA for Enginee ring Design and Bid Support Services for Project No. WA231 - Wells 4 & 6 Treatment Plant Project.
Maria Fraser, CIP Engineering Manager, provided a report.
Moved by Council Member Flores, seconded by Council Member Comstock, and carried on a 5-0 vote to 1) award a Professional Services Agreement in the amo unt o f $1,693,326.00 to Hazen and Sawyer, Irvine, CA for Engineering Design and Bid Support Services for Project No. WA23 1 - Wells 4 & 6 Treatment Plant Project; 2) approve design contingency in the amount of $169,333.00 for a potential agreement a mount no t-to- exceed $1,862,65 9.00; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa thanked eve ryone for attending the Tree Light ing Ceremony and complemented Public Works for the excellent tree.
Mayor Pro Tem Lucio
Mayor Pro Tem Lucio complemented staff for their work on the Tree Lighting Ceremony.
Council Member Comstock
Council Member Comstoc k discussed important agenda items approved tonight and thanked staff for completing these projects including the Tree Lighting Ceremony and thanked the award winners and Civic Center Master Plan Consultants present.
Council Member Flores
Council Membe r Flores expressed his appreciation for the community support during the Thanksgiving holiday this year.
Council Member Pocock
Council Member Pocock expressed his appreciation for serving the community over the last 28 years, wished Curtis Burton the best , noted he will still be around , and thanked eve ryone for their support and friendships.
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City Manager's Report
City Manag er Linda Reich thank ed the team of staff who coordinated the Tree Lighting Ceremony and thanked the Gruen Associates Team and city staff for t heir great work completing the Civic Center Master Plan.
City Attorney's Report
City Attorney Fred Galante thanked Council Member Pocock for his dedication to the city.
Police Chief's Report
Chief Simmons rem inded every one to be cautious during the holiday season in regard to thieves in the area and reported on recent arrests. He also expressed appreciation to Council Member Pocock.
Fire Chief's Report
Deputy Fire Chief Jeremy Ault shared about the Fire District community outreach events during the holidays and provided a reminder about the danger of dry Christmas trees. He also thanked Council Member Pocock for his service.
ADJOURN
The meeting adjourned at 9:04 p.m. The next meeting of t he City Council is a Special Meeting on Tuesday, December 13, 2022 at 7:00 p.m. in these Council Chambers.
APPROVED AND ADOPTED THIS 3rd DAY OF JANUARY 2023.
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, ACTING CITY CLERK
**************************************************
(These minutes are not official until signed.)
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CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SPECIAL MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY – DECEMBER 6, 2022
CLOSED SESSION - 5:00 PM
MINUTES
CALL TO ORDER
The December 6, 2022, Special Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5:04 p.m. by Mayor Eunice Ulloa in the Council Chambers.
ROLL CALL
Present: Mayor Eunice M. Ulloa, Mayor Pro Te m Marc Lucio, Council Member Karen C.
Comstock, Council Member Christopher Flores, Council Member Walt Pocock.
Absent: None
CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.
CLOSED SESSION
City Attorney Fred Galante read into the record the item listed on the Closed Session agenda.
1. CONFERENCE WITH LABOR NEGOTIATOR(S).
Pursuant to Government Code Section 54957.6:
Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management.
Employee Organizations: Chino Police Officers Association, Chino Police Management Association, and Unrepresented Sworn.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
Norma Alcantar Moreno v. City of Chino (Case No. CIVSB 2210469)
The City Council recessed into Closed Session at 5:05 p.m. and concluded at 6:03 p.m. for the Tree Lighting Ceremony. The City Council reconvened the closed session at 6:31 p.m. and concluded at 6:53 p.m.
REPORT OUT OF CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR(S).
Pursuant to Government Code Section 54957.6:
Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management.
Employee Organizations: Chino Police Officers Association, Chino Police Management Association, and Unrepresented Sworn.
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CHINO CITY COUNCIL
DECEMBER 6, 2022 2
City Attorney Galante reported that City Council received a briefing, provided direction, and no further reportable action was taken.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
Norma Alcantar Moreno v. City of Chino (Case No. CIVSB 2210469) City Attorney Galante reported that City Council received an update, provided direction, and no further reportable action was taken.
ADJOURN
The meeting adjourned at 6:53 p.m. The next Regular Meeti ng of the City Council will be held on Tuesday, December 6, 2022 at 7:00 p.m. in these Council Chambers.
APPROVED AND ADOPTED THIS 3rd DAY OF JANUARY 2023.
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, ACTING CITY CLERK
**************************************************
(These minutes are not official until signed.)
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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: JANUARY 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, ACTING 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 2022-23 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
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COUNCIL MEETING DATE: JANUARY 3, 2023
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
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ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,
TRAINING, AND MEETINGS
JANUARY 3, 2023 EXHIBIT A
Event Date Meeting Purpose and
Subject Matter
Location
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
February 1-3, 2023 League of California
Cities New Mayors and
Council Members
Academy
Universal
City, CA
Mayor Ulloa
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores
Council Member Lucio
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Revenue: 1354000-59500-G4239 Expenditure: 1354000-40010-G14239
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
POLICE DEPARTMENT
COUNCIL MEETING DATE: JANUARY 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: 2022 JUSTICE ASSISTANCE GRANT.
RECOMMENDATION
1) Approve the Memorandum of Understanding and Agreement for the 2022 Justice Assistant Grant; and 2) authorize the acceptance of the 2022 Justice Assistance Grant in the amount of $22,413; 3) appropriate $22,413 for the 2022 Justice Assistance Grant from the unappropriated reserves of the Justice Assistance Fund 135 with a corresponding increase to the revenues; and 4) authorize the City Manager to execute all necessary documents related to the grant on behalf of the City.
FISCAL IMPACT
Requires an appropriation of $22,413 from the unappropriated reserve of the Justice Assistance Fund 135 with a corresponding increase to the revenues.
No matching funds are required.
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 & External Partnerships • Financial Stability
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COUNCIL MEETING DATE: JANUARY 3, 2023
SUBJECT: 2022 JUSTICE ASSISTANCE GRANT
PAGE 2
BACKGROUND
The Justice Assistance Grant combines the former Federal Local Law Enforcement Block Grant and Byrne Grants and requires an entity in the County of San Bernardino to be responsible for applying for and administering the grant. The San Bernardino County Chiefs of Police and Sheriff agreed to make the San Bernardino County Law and Justice Group responsible for applying for and administering the grant. The group also agreed to pay the County an administration fee of five (5) percent of their respective allocation for this service.
ISSUES/ANALYSIS
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program provides funding to state and local governments for support of a broad range of activities intended to prevent and control crime and improve the criminal justice system. Distr ibution of funds by the federal government is calculated using a formula, which considers both population and crime statistics. Awards are subject to the availability of appropriated funds.
The JAG program also requires participating jurisdictions receiv ing grant funds to execute sub - award grant agreements to acknowledge receipt of the federal award information and applicable compliance requirements, including special conditions of each sub -award. By entering into the sub-award grant agreements, the participating entities agree to undertake and carry out activities delineated by each grant award, and to the conditions or limitations set forth in each grant award.
On December 15, 2022, the Chino Police Department was notified of its eligibility to receive the 2022 Federal Justice Assistance Grant (JAG 202 2) in the amount of $ 22,413, after the five (5) percent fee has been deducted.
The Chino Police Department will propose purchases to City Council once funds for JAG 2022 are available.
Attachments:
2022 JAG Memorandum of Understanding and Agreement
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San Bernardino County
385 North Arrowhead Avenue
San Bernardino, CA 92415-0123
Law and Justice Group
909-387-5005
Grant
Sub-Award PAGE 1 OF 22
AWARD NUMBER: 15PBJA-22-GG-02097-JAGX
SUB-AWARD NUMBER: 15PBJA-22-GG-02097-JAGX-Chino
AWARD DATE 09/26/2022
PREVIOUS AWARD AMOUNT $0
AMOUNT OF THIS AWARD $22,413
TOTAL SUB-AWARD $22,413
SUBRECIPIENT IRS/VENDOR NO. PROJECT PERIOD: FROM 10/01/2021 TO 09/30/2025 SUBRECIPIENT NAME AND ADDRESS (Including Zip Code)
95-0930239 BUDGET PERIOD: FROM 10/01/2021 TO 09/30/2025 City of Chino
13220 Central Avenue
Chino, CA 91710-4127
SUBRECIPIENT UEI NO.
RGVNGHJR3NV5
PROJECT TITLE
San Bernardino County and Disparate Jurisdictions 2022 Justice Assistance Grant Projects
SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), WHICH INCLUDE THE AWARD CONDITIONS (PAGES 2-18), AND THE SUBRECIPIENT MONITORING PROCEDURES FOR THE COUNTY OF SAN BERNARDINO LAW AND JUSTICE GROUP (PAGES 19-22).
STATUTORY AUTHORITY FOR GRANT
Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a).
CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.738 - Edward Byrne Memorial Justice Assistance Grant Program
GRANTEE APPROVAL SUBRECIPIENT ACCEPTANCE
TYPED NAME AND TITLE OF APPROVING OFFICIAL TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL Edward Barry, Chair Linda Reich, City Manager
San Bernardino County Law and Justice Group City of Chino __________________________________________________ __________________________________________________
SIGNATURE OF APPROVING OFFICIAL SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL __________________________________________________ __________________________________________________
DATE DATE
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This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed Award Conditions
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by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees- and-subgrantees.
Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 3 4
5 6
7 3
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Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award.
Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award.
Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.
DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801- 3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements 8 9
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of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all 10 11
12 13
14 5
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associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact- Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high- risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
Potential imposition of additional requirements
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The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. 20 7
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D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier
, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier
, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at [email protected].
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to 21 8
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or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that 22 23
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otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
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Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S.
Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
Required monitoring of subawards
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The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 34 35
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Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office of Justice Programs.
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.
The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 39 40
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Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.
All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide 46 47
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data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2021
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2021), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).
Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department 48 49
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of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/download), and must collect and report the metrics identified in Section IX of that document to BJA.
Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.
Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
Certification of body armor "mandatory wear" policies, and compliance with NIJ standards If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and- technology/body-armor
Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). 53 54
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Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post- deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.
The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.
Initial period of performance; requests for extension.
The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award.
Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA.
BJA- JAG - Withholding of Funds for MOU
Withholding of funds: Memorandum of Understanding
The recipient may not expend or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and an Award Condition Modification has been issued to remove this condition.
Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either 57 58
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this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
BJA- JAG - Withholding of Funds for Chief Executive Certification Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition.
I have read and understand the information presented in this section of the Federal Award Instrument. 62 18
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Subrecipient Monitoring Procedures
County of San Bernardino
Law and Justice Group
Grant Award/Sub-Award Process
When the Law and Justice Group (L&JG) has been notified that it has been awarded a grant, a Board Agenda Item to accept the grant will be prepared and submitted to the Board of Supervisors (BOS) for approval. Where there is a sub- award to be granted, a Sub- Award Agreement will be prepared by the L&JG (recipient) and approved by the BOS and the subrecipient. The appropriate officials will sign the sub-award documents. The Sub- Award Agreement will identify the federal award information and applicable compliance requirements, including applicable special conditions for each federal sub -award.
The Sub -Award Agreement will include the Grant Award Number, Award Date, Catalog of Federal Domestic Assistance (CFDA) number, Project Title, Project Period, Award Amount, and all applicable Special Conditions for the sub-award. The L&JG’s Subrecipient Monitoring Procedures will be included in the Sub-Award Agreement.
Grant Revenue
When notified that a grant award has been made, the Grant Coordinator requests a budget code for the grant award from the Auditor-Controller/Treasurer/Tax Collector (ATC), and submits appropriate budget documents for the Board of Supervisors approval. Once the budget is established, the Grant Coordinator requests a drawdown of grant funds and deposits the funds into the applicable special revenue fund.
Timeframes for the drawdown requests will be accomplished in accordanc e with award requirements specified by the awarding agency. The Grant Coordinator maintains a record of revenues requested and received and reconciles the account.
Disbursement of Funds to Subrecipients
When disbursing sub-award funds to subrecipients, t he Grant Coordinator will prepare the appropriate payment document. The payment document is reviewed and approved by the Chair of the L&JG. The ATC processes payments and disbursement of funds.
To notify subrecipients of the federal award number, CFDA n umber, and the amount of federal funds at the time of the disbursement of funds, the following steps will be followed:
• The payment documents will reference the federal award number, CDFA number, and the amount of federal funds.
• Correspondence will be sent to subrecipients at the time of disbursement identifying the payment and detailing the required federal information.
Subrecipient Monitoring Requirement
Sub-awards will be monitored in accordance with all applicable statutes, regulations, the Uniform Grant Guidance, OMB Circulars, and guidelines, including the Office of Justice Programs Financial Guide. The recipient will include the applicable conditions of this award in any sub-award. The recipient is responsible for the following:
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• Ensure that every sub-award is clearly identified to the subrecipient as a sub-award and includes applicable conditions of the federal award.
• Evaluate each subrecipient’s risk of noncompliance with federal statutes, regulations and the terms and conditions of the sub-award for purposes of determining the appropriate subrecipient monitoring procedures.
• Oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to the use of funds.
• Review financial and performance reports.
• Follow-up and ensure that subrecipients take timely and appropriate action on all deficiencies pertaining to the federal award provided to the subrecipient from the pass -through entity detected through audits, on-site monitoring visits, and other means. • Issue a management decision for audit findings pertaining to the federal award provided to the subrecipient from the pass-through entity as required by 2 CFR 200.521 Management Decision. • Verify that every subrecipient who is expected to expend $750,000 or more is audited as required by 2 CFR 200 Subpart F Audit Requirements.
• Consider whether the results of the subrecipient’s audits, on -site monitoring visits or other monitoring indicate conditions that necessitate adjustments to the pass -through entity’s own records.
• Consider taking enforcement against noncompliant subrecipients as described in 2 CFR 200.338 Remedies.
Subrecipient Monitoring Process
On-site monitoring of grant-funded projects may be conducted by the U.S. Department of Justice or the County of San Bernardino. At that time, the identified subrecipient agency will be required to provide documentation supporting expenditures, and/or a physical review of items funded through the grant may be requested.
To ensure full compliance with this legislative mandate, all grant related documentation to include timesheets, invoices, purchase orders, canceled checks, and contracts must be maintained in a location accessible to the person responsible for managing the sub-award, and the agency’s chief executive.
If it is determined funds are not being used for approved purposes, or if proper documentation is not maintained, the amount in question must be returned to the U.S. Department of Justice. The subrecipient agency may also be deemed ineligible for future federal funding.
On-Site Monitoring
The County of San Bernardino L&JG may conduct on-site monitoring. The monitoring will be based upon performance and reported expenditure of funds. The monitoring will be based upon performance, tracked through reports and regular correspondence. This method will ensure the subrecipient in greatest need for assistance in managing their award is provided the necessary tools to be in full compliance with U.S. Department of Justice requirements.
If selected for monitoring, the subrecipient will be notified at least 20 days prior to the monitoring. The staff person responsible for managing the sub -award, the staff person assigned to managing fiscal operations, the chief executive of the subrecipient agency, and any other appl icable persons directly involved in the oversight of grant funds will be asked to attend. Appropriate documentation will also be requested for review. During the monitoring, the following items will be reviewed and/or discussed:
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invoices, timesheets, can celed checks, equipment purchased, policies and procedures, financial status reports, performance reports and grant files.
If the subrecipient is non -compliant with award requirements, the following actions will be taken: The County of San Bernardino will assist the subrecipient with the resolution of identified issues, a recommendation to the U.S. Department of Justice for a federal monitoring of the sub -award will be made, future payments will be withheld until all issues are resolved, and closer oversig ht of the subrecipient by San Bernardino County will be implemented.
Project Accounting and Record Keeping
Adequate control of funds received to ensure compliance with federal and state regulations and grant sub-award conditions will be accomplished. Separate records are maintained for each project to avoid commingling of project funds with other funds.
Obligation and Expenditure of Funds
All Grant funds must be obligated by the termination date of the project.
Grant funds legally obligated by the termination date must be expended within the timeframe specified within the Grant Contract, Agreement, or Sub-Award Agreement. Justice Assistance Grant funds must be expended by the end of the project period.
Reporting Requirements
Submission of financial reports will be accomplished in accordance with the guidelines specified in the Grant Contract, Agreement, or Sub-Award Agreement.
Subrecipient Audits – Uniform Grant Guidance and OMB Circular A-133 Compliance Subrecipients are required to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200 (Uniform Grant Guidance) for federal awards made on or after December 26, 2014, or with the OMB Circular A -133 for federal awards made prior to December 26, 2014.
A single or program specific audit is required in any year that a government expends $750,000 or more a year in federal awards. Both the Uniform Grant Guidance and the OMB Circular A -133 require audits to be completed and submitted to the Federal Audit Clearinghouse (FAC) no later than nine (9) months after the close of each fiscal year during the term of each grant award. As a condition of the sub- award agreement, the Law and Justice Group will require the subrecipient to submit a copy of the audit, including any corrective action plan within 30 days from the date of submission to the FAC. The Grant Coordinator will review and ensure that the subrecipient audit reports are received and that all audit findings have been resolved. Failure of the subrecipient to have audits performed as required may result in the withholding of new discretionary awards and/or withholding of funds.
Project Closeout
The Grant Coordinator will schedule, monitor, and ensure timely completion of all required closeout activities and final financial reports in conformance with the guidelines required by the awarding agency.
Inventory Control
Subrecipients will maintain an inventory of equipment purchased with grant funds and submit inventory records to the Grants Coordinator if requested. Records shall be retained for a period of three years from the date of the disposition or replacement or tr ansfer at the discretion of the awarding agency. As
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equipment or other non-expendable property is purchased and received, it will be permanently marked, a property inventory record completed, and the property inventory record will be made part of the permanent grant sub-award file. Disposition of equipment will be done in accordance with the awarding agency’s guidelines.
Retention Period
Project records must be maintained for the required period after the awarding agency determines that the grantee has met all the project requirements and the project has been accepted for closeout. Records will be maintained for a minimum of three years. The three-year retention period starts from the date of the submission of the closure of the single audit report whic h covers the grant period and lasts until completion of any disputes arising prior to the expiration of the three year period, whichever is later.
APPROVED BY:
G. Christopher Gardner, Chair
Law and Justice Group
______________________________
Date
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JANUARY 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: IRREVOCABLE AGREEMENT TO ANNEX FOR S EWER SERVICE - 3408 CHINO AVENUE.
RECOMMENDATION
1) Adopt Resolution No. 2023 -001 conditionally approving an irrevocable agreement to annex for sewer service; 2) request approval from the San Bernardino Local Agency Formation Commission for sewer service for the property located at 3408 Chino Avenue within the City of Chino's Sphere of Influence; and 3) authorize the City Manager to execute all the necessary documents on behalf of the City.
FISCAL IMPACT
Upon connecting to the sanitary sewer system, the property owner will be required to pay the Sewer Service Charge, which is a pass -through fee to the Inland Empire Utilities Agency, and pay Sewer Development Impact Fees as applicable.
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:
• Responsible Long-Range Planning
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COUNCIL MEETING DATE: JANUARY 3, 2023
SUBJECT: IRREVOCABLE AGREEMENT TO ANNEX FOR SEWER SERVICE - 3408 CHINO AVENUE
PAGE 2
BACKGROUND
The Chino Avenue Congregate Home ("CACH") is an existing 2,389 square foot single -family residential structure located at 3408 Chino Avenue in the unincorporated area of Chino. At this property, CACH operates a six (6) bed Congregate Living Health Facility licensed by the State of California Department of Public Health. This facility contains three (3) bedrooms, accommodating two (2) disabled persons per bedroom between the ages of 18 to 59 years. In 2022, San Bernardino Cou nty ("County") approved a 5,977 square foot addition to the existing facility for a total of fifteen (15) bedrooms to accommodate eighteen (18) disabled persons moving into the future. The current Chino General Plan land use designation for the property is General Commercial (GC), which allows a wide variety of commercial and institutional uses, including congregate care facilities.
After the County approved the expansion project, representatives from CACH contacted the City to initiate the process for con necting to the public sewer. The existing sewer line in Chino Avenue is owned by the Inland Empire Utilities Agency (IEUA). Because the option to install a new on-site septic system was no longer viable, a new point of sewer connection for the CACH is req uired. The proposed connection is a new 6” sewer lateral to the existing IEUA sewer manhole on Chino Avenue as depicted in Exhibit A - Sewer Service Location Map.
Consequently, the City formally submitted its sewer connection request to IEUA on December 7, 2022.
ISSUES/ANALYSIS
The subject property is adjacent to the City boundary; however, the annexation of the property into the City has been determined to be impracticable at this time due to the property being an individual lot. The Local Agency Formation Commission (LAFCO) for San Bernardino County would most likely require a larger area beyond the property to be annexed to create a more logical service boundary, which would be a significant burden for the property owner to try and coordinate and manage. Moreover, LAFCO fees, City fees, County fees, and construction costs would be cost prohibitive for one property owner to take on. As a result, the property owner will execute an Irrevocable Agreement to Annex with the City for the subject property to anne x into the City in the future (attached to the Resolution as Exhibit B). This is consistent with current City Council policy.
With the adoption of Resolution No. 2023 -001, the City Manager will be authorized to execute the LAFCO Application for Extension o f Service by Contract (attached to the Resolution as Exhibit A) and submit the Application to LAFCO. The approval of the Irrevocable Agreement to Annex is contingent upon the approval by LAFCO and reimbursement by the applicant of all the applicable fees i ncurred by the City in preparing, submitting, and processing a request to LAFCO to extend sewer and water services to the Property. The City Manager is authorized to execute the Agreement on behalf of the City following notification by LAFCO that the City’ s request to extend services to the Property has been approved. If the City’s request to extend services to the property is not approved by LAFCO, or if the applicant does not submit a full reimbursement to the City, the Agreement shall not be executed by the City.
Upon the adoption of Resolution No. 2023 -001 by the City Council, and approval from LAFCO, IEUA staff will bring to its Technical Committee an action to approve the City's sewer connection request in January 2023.
Therefore, it is staff’s reco mmendation that the City Council adopt Resolution No. 2023 -001,
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COUNCIL MEETING DATE: JANUARY 3, 2023
SUBJECT: IRREVOCABLE AGREEMENT TO ANNEX FOR SEWER SERVICE - 3408 CHINO AVENUE
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conditionally approving the Covenant Agreement to Annex and for Sewer Connection into the City to obtain sewer service, and request approval from LAFCO.
It should be further noted, the property owner will be subject to other costs associated with connecting the public sewer system to the property, including but not limited to, plan check and engineering, building permits, construction costs, right of way permits, and inspection fees.
Attachments: Exhibit A - Sewer Service Location Map
Exhibit B - Resolution 2023-001
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C/L CHINO AVEPROPERTY LINE 180.19'
(E) BARN3992 SQ FT
(E) CONC DRIVE
(E) 6' FENCE
(E) 6' CHAIN LINK FENCE
(E) 6' BLOCK WALL
25'-0"67'-5"
(E) TREE30" TRUNK(E) 5' TALL CHAIN LINK FENCE(E) CONC(E) 6' TALL CHAIN LINK FENCE(E) 6' GATE W/ SELF CLOSING(N) ADDITION (E) GRASS AREA
15'-0"10'-0"(E) RENTAL HOUSE
25'-5"
20'-2"
PROPERTY LINE 276.00'
PROPERTY LINE 281.43'
PROPERTY LINE 125.08'
(E) 6' FENCEW/ VEHICLE GATE
19'-0"
(E) 10'SLIDINGGATE
(E) 6' TALL BLOCK WALL(E) GRAVEL AREA
(E) CONC
sink
39'-0"50'-0"
197'-2"20'-0"19'-0"37'-0"
10'-0"21'-0"9'-3"7'-5"(E) SEPTIC TANK6X10 / 1000 GAL(E) 5X28 SEEP PIT 42'-0"84'-0"(E) EDISON POWER POLEW/ METER SOCKET
125'-1"28'-0"(E) SEPTIC TANKSAND BAG EROSION CONTROL
90'-0"2'-0"
4:12pitch
4:12pitch4:12pitch
4:12pitch
(e) 4:12pitch
(e) 4:12pitch(e) 4:12pitch
(e) 4:12pitch (e) 4:12pitch(e) 4:12pitch4:12pitch4:12pitch 5:12pitch
5:12pitch 5:12pitch
5:12pitch5:12pitch
5:12pitch 5:12pitch
5:12pitch
49'-10"111'-10"
17'-0"
142'-0"24'-11"38'-3"66'-0"(E) RENTALHOUSE
(E) HOUSE
C/L SERENITY TRAIL
SITE PLANSCALE: 1/16"=1'-0"MLENGINEERING1391 North 3rd AvenueUpland, CA 91786909-949-0923909-946-4813 FAXmlengineering1@aol.comRESIDENTIALCOMMERCIALINDUSTRIALINSTITUTIONALENGINEERING DESIGNExcellence in Structural DesignCITY OF CHINOTRIBUTARY BOUNDARY MAPFORCHINO AVENUE CONGREGATE HOME, INC TRIBUTARY BOUNDARY MAPTRIBUTARY BOUNDARY MAPFORCHINO AVENUE CONGREGATE HOME, INC. 11 PROJECTSITE
LINE
6 Exhibit A
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RESOLUTION NO. 2023-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, CONDITIONALLY APPROVING A COVENANT
AGREEMENT TO ANNEX AND FOR SANITARY SEWER SERVICE AND
REQUEST APPROVAL FROM THE LOCAL AGENCY FORMATION
COMMISSION (“LAFCO”) (ASSESSOR PARCEL NUMBER 1019-311-25) WHEREAS, the City of Chino received a request to provide sanitary sewer services to a property outside of its jurisdictional boundaries but within its sphere of influence, located at 3408 Chino Avenue, Chino, CA 91710 (APN 1019-311-25) (“Property”); and WHEREAS, pursuant to Resolution No. 2022-041, the City’s policy is to only allow new or existing developments located outside of the City’s jurisdictional boundaries but within its sphere of influence to connect to the City’s sanitary sewer system in accordance with the following requirements:
(1) If the parcel is not adjacent to the City boundary, the owner of the parcel must execute and file an irrevocable agreement to annex to the City at such time as sufficient parcels can be assembled and qualify for annexation in accordance with Local Agency Formation Commission (“LAFCO”) policy pertaining to such annexations. (2) If the parcel is contiguous to a City boundary, the owner will be required to annex the parcel to the City, or, if this is determined to be infeasible, to execute an irrevocable agreement to annex.
(3) Finally, all parcels requesting sewer service must be developed in accordance with the City’s General Plan and in conformance with all City codes and standards.
WHEREAS, the Property is adjacent to the City boundary, but annexation has been determined to be infeasible at this time and the owner of the Property has executed an irrevocable agreement to annex; and
WHEREAS, pursuant to Government Code Section 56133, the City may only provide new or extended services by agreement outside of its jurisdictional boundary if it first requests and receives written approval from LAFCO.
NOW, THEREFORE, BE IT RESOLVED, that the City of Chino does hereby determine, find, resolve, and order as follows:
SECTION 1. The City Manager or designee is authorized to execute the San Bernardino LAFCO Application for Extension of Service by Contract (attached to this Resolution as Exhibit A) and to submit the Application to the San Bernardino County LAFCO.
SECTION 2. The Covenant Agreement to Annex and For Sanitary Sewer Connection (“Agreement”) (attached to this Resolution as Exhibit B) is approved, conditioned on (i) approval by LAFCO, and (ii) reimbursement by the applicant of all application fees and other costs incurred by the City in preparing, submitting, and processing a request to LAFCO to extend sewer service to the Property pursuant to Government Code Section 56133 (“Reimbursement”). T he City
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RESOLUTION NO. 2023-001
PAGE 2
Manager is authorized to execute t he Agreement on behalf of the City following notification by LAFCO that the City’s request to extend services to the Property has been approved and following Reimbursement by the applicant. If the City’s request to extend services to the Property is not approved by LAFCO or if applicant does not submit a full Reimbursement to the City, the Agreement shall not be executed by the City.
APPROVED AND ADOPTED THIS 3RD DAY OF JANUARY 2023.
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, ACTING CITY CLERK
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RESOLUTION NO. 2023-001
PAGE 3
State of California )
County of San Bernardino )ss.
City of Chino )
I, Natalie Gonzaga, Acting City Clerk of the City of Chino, do hereby certify that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 3rd day of January 2023, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, ACTING CITY CLERK
Attachments: Exhibit A – LAFCO Application
Exhibit B – Covenant Agreement to Annex
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____________________
(FOR LAFCO USE ONLY)
SAN BERNARDINO LAFCO
APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
(A certified copy of the City Council/District Board of Directors resolution or a letter from the City Manager/General Manager requesting approval for an out-of-agency service agreement must be submitted together with this application form.)
AGENCY TO EXTEND SERVICE:
AGENCY NAME: _________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: _________________________________________ _________________________________________
PHONE: _________________________________________
EMAIL: _________________________________________
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER: _________________________________________ CONTACT PERSON: _________________________________________ MAILING ADDRESS: _________________________________________ _________________________________________
PHONE: _________________________________________
EMAIL: _________________________________________
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT: _________________________________________ _________________________________________
CONTRACT NUMBER/IDENTIFICATION: _________________________________________ PARCEL NUMBER(S): _________________________________________ ACREAGE: _________________________________________
City of Chino
Jesus Plasencia
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
Steven Martinson
Steven Mantinson
3408 Chino Avenue
Chino, CA 917101
019-311-25
1.58 ac. parcel
See attached Exhibit A - Legal Description
[email protected]
(714) 747-6546
3408 Chino Avenue
Chino, CA 91710
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Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)T
he following questions are designed to obtain information related to the proposed agreement/contract to allow the Commission and staff to adequately assess the proposed service extension. You may include any additional information which you believe is pertinent.
Please use additional sheets where necessary.
1. (a) List the type or types of service(s) to be provided by this agreement/contract. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (b) Are any of the services identified above "new" services to be offered by the agency? YES NO. If yes, please provide explanation on how the agency is able to provide the service.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________
2. Is the property to be served within the agency's sphere of influence? YES NO
3. Please provide a description of the service agreement/contract. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
4. (a) Is annexation of the territory by your agency anticipated at some point in the future? YES NO. If yes, please provide a projected timeframe when it anticipates filing an application for annexation of territory that would include the area to be served. If no, please provide an explanation as to why a jurisdictional change is not possible at this time.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Sewer service to Commercial General property in the Chino Sphere of Influence.A
lthough the property is adjacent to the City's boundary, annexation P roperty is currently served by a septic system and the owner is requesting connection to the Inland Empire Utilities Agency (IEUA) transmission line fronting the property on Chino Avenue.
Covenant Agreement to Annex and for Sanitary Sewer Connection.
Attached as Exhibit B
will not occur until a logical block of properties, such as a tract or whole block is ready to annex to the City.
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Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
(b) Is the property to be served contiguous to the agency's boundary? YES NO. If yes, please provide explanation on why annexation to the agency is not being contemplated.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________
5. Is the service agreement/contract outside the Agency’s sphere of influence in response to a threat to the public health and safety of the existing residents as defined by Government Code Section 56133(c)?
YES NO. If yes, please provide documentation regarding the circumstance (i.e. letter from Environmental Health Services or the Regional Water Quality Control Board). ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
6. (a) What is the existing use of the property?
________________________________________________________________ ________________________________________________________________ (b) Is a change in use proposed for the property ? YES NO. If yes, please provide a description of the land use change.
________________________________________________________________ ________________________________________________________________ 7 . If the service agreement/contract is for development purposes, please provide a complete description of the project to be served and its approval status. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ See response 4(a).G
eneral Commercial - Brain Injury Rehabilitation Facility Not for development purposes. This is an existing facility that is expanding its operations to accommodate additional patients.
The facility's expansion was approved by the County of San Bernardino
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Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
8. Are there any land use entitlements/permits involved in the agreement/contract? YES NO. If yes, please provide documentation for this entitlement including the conditions of approval and environmental assessment that are being processed together with the project. Please check and attach copies of those documents that apply:
Tentative Tract Map / Parcel Map
Permit (Conditional Use Permit, General Plan Amendment, etc.) Conditions of Approval
Negative Declaration (Initial Study)
Notice of Determination (NOD)/Notice of Exemption (NOE) Department of Fish and Game (DFG) Receipt
Others (please identify below)
________________________________________________________________ ________________________________________________________________
9. Has the agency proposing to extend service conducted any CEQA review for this contract? YES NO. If yes, please provide a copy of the agency’s environmental assessment including a copy of the filed NOD/NOE and a copy of the DFG Receipt.1
0. Plan for Service:
(a) Please provide a detailed description of how services are to be extended to the property. The response should include, but not be limited to, a description of:
1) capacity of existing infrastructure, 2) type of infrastructure to be extended or added to serve the area, 3) location of existing infrastructure in relation to the area to be served, 4) distance of infrastructure to be extended to serve the area, and 5) other permits required to move forward with the service extension. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _______________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ The property is located at 3408 Chino Avenue. The owner will arrange for a contractor to install a 6" lateral to the existing IEUA manhole No. 9 Permits must be obtained from the City of Chino and the County of San Bernardino.
See the attached Exhibit C - Tributary Boundary Map
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Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (b) Please provide a detailed description of the overall cost to serve the property.
The response should include the costs to provide the service (i.e. fees, connection charges, etc.) and also the costs of all improvements necessary to serve the area (i.e. material/equipment costs, construction/installation costs, etc.).
Description of Fees/Charges Cost Total
Total Costs
(c) Please identify any unique costs related to the service agreement such as premium outside City/District rates or additional 3rd-party user fees and charges (i.e. fees/charges attributable to other agencies).
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ SB County permits for both on-site private sewer and road/sidewalk.
Sewer Annexation Application $485 $485 LAFCO $577 $577 Sewer DIF (5977 SF) $0.30 $1793 SFDF (based on fixtures) tbd tbd Permits $300 $300 Plan Check & Inspection tbd tbd
Does not include other costs such as County permit fees, mobilization, road repair, etc.
tbd
10.5.c
Irrevocable Agreement to Annex - 3408 Chino Avenue
Packet Pg. 79
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
(d) If financing is to occur, please provide any special financial arrangement between the agency and the property owner, including a discussion of any later repayment or reimbursement (If available, a copy of the agreement for repayment/reimbursement is to be provided).
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 11 Does the City/District have any policies related to extending service(s) outside its boundary?
YES NO. If yes, has a copy been provided to LAFCO?
YES NO. If not, please include a copy of the policy or policies (i.e. resolution, municipal code section, etc.) as part of the application. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ C
CEERRTTIIFFIICCAATTIIOONN
As a part of this application, the City of Chino, agrees to defend, indemnify, hold harmless, promptly reimburse San Bernardino LAFCO for all reasonable expenses and attorney fees, and release San Bernardino LAFCO, its agents, officers, attorneys, and employees from any claim, action, proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it.
This indemnification obligation shall include, but not be limited to, damages, penalties, fines and other costs imposed upon or incurred by San Bernardino LAFCO should San Bernardino LAFCO be named as a party in any litigation or administrative proceeding in connection with this application.
The agency signing this application will be considered the proponent for the proposed action(s) and will receive all related notices and other communications. I understand that if this application is approved, the Commission will impose a condition requiring the applicant to indemnify, hold harmless and reimburse the Commission for all legal actions that might be initiated as a result of that approval.
See attached Exhibit D - City Council Resolution No. 2022-041
10.5.c
Irrevocable Agreement to Annex - 3408 Chino Avenue
Packet Pg. 80
10.5.c
Irrevocable Agreement to Annex - 3408 Chino Avenue
Packet Pg. 81
10.5.d
Irrevocable Agreement to Annex - 3408 Chino Avenue
Packet Pg. 82
10.5.d
Irrevocable Agreement to Annex - 3408 Chino Avenue
Packet Pg. 83
10.5.d
Irrevocable Agreement to Annex - 3408 Chino Avenue
Packet Pg. 84
10.5.d
Irrevocable Agreement to Annex - 3408 Chino Avenue
Packet Pg. 85
10.5.d
Irrevocable Agreement to Annex - 3408 Chino Avenue
Packet Pg. 86
10.5.d
Irrevocable Agreement to Annex - 3408 Chino Avenue
Packet Pg. 87
10.5.d
Irrevocable Agreement to Annex - 3408 Chino Avenue
Packet Pg. 88
10.5.d
Irrevocable Agreement to Annex - 3408 Chino Avenue
Packet Pg. 89
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: JANUARY 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT ORDINANCE NO. 2022 -018, AMENDING CHAPTER 10.28.065 (SECOND READING).
RECOMMENDATION
Adopt Ordinance No. 2022 -018 on second reading, amending Chapter 10.28.065 of the Chino Municipal Code allowing parking restrictions for street sweeping purposes citywide.
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:
• Positive City Image
• Responsible Long-Range Planning
10.6 CONSENT CALENDAR
Packet Pg. 90
COUNCIL MEETING DATE: JANUARY 3, 2023
SUBJECT: ADOPT ORDINANCE NO. 2022-018, AMENDING CHAPTER 10.28.065 (SECOND
READING)
PAGE 2
BACKGROUND
This matter was introduced on first reading by the Council at their December 6, 2022 meeting.
The current code only allows parking restrictions f or street sweeping purposes within the College Park and The Preserve communities. The new code removes specific location language enabling parking restrictions for street sweeping purposes citywide. By adopting this new code amendment, the City is exercising a positive city image.
Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
Ordinance No. 2022-018:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 10.28.065 OF THE CHINO MUN ICIPAL CODE TO ALLOW PARKING RESTRICTIONS FOR STREET SWEEPING PURPOSES CITYWIDE.
Attachment: Ordinance No. 2022-018
10.6 CONSENT CALENDAR
Packet Pg. 91
ORDINANCE NO. 2022-018
AN ORDINANCE OF THE CITY OF CHINO , CALIFORNIA,
AMENDING CHAPTER 10.28.065 OF THE CHINO MUNICIPAL
CODE TO ALLOW PARKING RESTRICTIONS FOR STREET
SWEEPING PURPOSES CITYWIDE.
WHEREAS, the City of Chino (“City”) is authorized by the California Vehicle Code Section 22507.6 to make and enforce within its limits parking restrictions for the purposes of providing street sweeping services; and
WHEREAS, the City Council has determined that parking on street prohibits proper street sweeping which negatively impact proper maintenance of these streets which has an impact on the health, safety and welfare of the public;
WHEREAS, the City Council has already prohibited parking on streets within the College Park and The Preserve communities in Chino Municipal Code section 10.28.065; and WHEREAS, the City Council desires to create a citywide on-street parking restrictions for street sweeping purposes throughout the City and provide penalties for violations of th ese restrictions to protect the health, safety, and welfare of the public and to provide routine maintenance through street sweeping and the City’s Police Department processes for violations of this prohibition;
NOW, THEREFORE, the City Council of the City of Chino does ordain as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Chapter 10.28.065 is hereby amended to the Chino Municipal Code to read in its entirety as follows:
10.28.065 – No parking on specified streets during specific days and hours A. No person shall park or leave standing any vehicle on any street or portion of such public street during the days and hours specified by resolution for each street, area, or neighborhood. Any violation of this section is an infraction.
B. Notice of this chapter shall be posted in accordance with Section 22507.6 of the California Vehicle Code.
SECTION 3. Severability. If any section, subsection, sentence, clause, ph rase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council he reby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.
10.6.a
Adoption of Ordinance No. 2022-018 (Second Reading)
Packet Pg. 92
ORDINANCE NO. 2022-018
SECTION 4. CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 5. Effective Date. This Ordinance shall be posted or published as required by law and shall take effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED this 3rd day of January, 2023.
_____________________________
EUNICE M. ULLOA
MAYOR
ATTEST:
_____________________________
NATALIE GONZAGA
ACTING CITY CLERK
10.6.a
Adoption of Ordinance No. 2022-018 (Second Reading)
Packet Pg. 93
ORDINANCE NO. 2022-018
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, Natalie Gonzaga, Acting City Clerk of the City of Chino , do herby certify that the foregoing Ordinance was duly adopted by the City Council of the City of Chino at a regular meeting held on the 3RD day of January 2023 and carried by the following votes:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_____________________________
NATALIE GONZAGA
ACTING CITY CLERK
10.6.a
Adoption of Ordinance No. 2022-018 (Second Reading)
Packet Pg. 94
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: JANUARY 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: ADOPT ORDINANCE NO. 2022-019, AUTHORIZING THE LEVY OF SPECIAL TAXES (FALLONCREST) (SECOND READING).
RECOMMENDATION
Adopt Ordinance No. 2022 -019 on second reading, authorizing the levy of special taxes within Community Facilities District No. 2022-1 (Falloncrest).
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:
• Positive City Image
• Responsible Long-Range Planning
10.7 CONSENT CALENDAR
Packet Pg. 95
COUNCIL MEETING DATE: JANUARY 3, 2023
SUBJECT: ADOPT ORDINANCE NO. 2022-019, AUTHORIZING THE LEVY OF SPECIAL
TAXES (FALLONCREST) (SECOND READING)
PAGE 2
BACKGROUND
This matter was introduced on first reading by the Council at their December 6, 2022 meeting.
By the passage of this Ordinance, the City Council authorizes the levy of special taxes within the Community Facilities District at the maximum rates and in accordance with the rates and method of apportionment set forth in Exhibit C to the Resolution No. 2022-077.
Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
Ordinance No. 2022-019:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-1 (FALLONCREST) OF THE CITY OF CHINO
AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN THE DISTRICT Attachment: Ordinance No. 2022-019
10.7 CONSENT CALENDAR Packet Pg. 96
ORDINANCE NO. 2022-019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2022-1 (FALLONCREST) OF THE CITY OF
CHINO AUTHORIZING THE LEVY OF SPECIAL TAXE S WITHIN
THE DISTRICT
WHEREAS, on November 1, 2022, the City Council (the “City Council”) of the City of Chino (the “City”) adopted Resolution No. 2022-077 declaring its intention to form Community Facilities District No. 2022-1 (Falloncrest) of the City of Chino (the “Community Facilities District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and adopted Resolution No. 2022-078 declaring its intention to incur bonded indebtedness of the Community Facilities District; and
WHEREAS, on December 6, 2022, after providing all notice required by the Act, the City Council opened a public hearing required by the Act relative to the formation of the Community Facilities District, the proposed levy of special tax es within the Community Facilities District to finance certain public improvements and services described in Resolution No. 2022-077 and to secure the payment of any bonded indebtedness of the Community Facilities District , and the proposed issuance of up to $17,000,000 of bonded indebtedness; and WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the proposed levy of the special taxes within the Community Facilities District to finance the improvements and services described in Resolution No. 2022-077 and the proposed issuance of bonded indebtedness of the Community Facilities District were heard and a full and fair hearing was held; and WHEREAS, on December 6, 2022 , following the close of the public hearing, the City Council adopted a resolution establishing the Community Facilities District (the “Resolution of Formation”) and a r esolution determining the necessity to incur bonded indebtedness of the District (the “Resolution to Incur Bonded Indebtedness”) each of which called a consolidated special election on December 6, 2022 within the Comm unity Facilities District on three propositions relating to the levying of special taxes, the incurring of bonded indebtedness and the establishment of an appropriations limit for the Community Facilities District; and WHEREAS, on December 6, 2022 , a speci al election was held within the Community Facilities District at which the qualified electors approved by more than a two -thirds vote Propositions A, B and C authorizing the levy of special tax es within the Community Facilities District for the purposes de scribed in the Resolution of Intention and the issuance of bonded indebtedness for the Community Facilities District as described in the Resolution to Incur Bonded Indebtedness.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022- 1 (FALLONCREST) OF THE CITY OF CHINO, ORDAINS AS FOLLOWS:
Section 1. The above recitals are all true and correct.
10.7.a
Adoption of Ordinance No. 2022-019 (Second Reading) Packet Pg. 97 Ordinance 2022-019
2 Section 2. By the passage of this Ordinance, the City Council authorizes the levy of special taxes within the Community Facilities District at the maximum rates and in accordance with the rates and method of apportionment set forth in Exhibit C to the Resolution No. 2022-077, which rate and method of apportionment is incorporated by reference herein (the “Rate and Method”).
Section 3. The Director of Finance of the City is hereby further authorized and directed each fiscal year, on or before August 10 of each yea r, or such later date as is permitted by law, to determine the specific special tax rates and amounts to be levied for the next ensuing fiscal year for each parcel of real property within the Community Facilities District pursuant to the Rate and Method. The special tax rates to be levied pursuant to the Rate and Method shall not exceed the applicable maximum rates set forth therein, but the special tax es may be levied at a lower rate.
Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special taxes, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act, the Rate and Method and the boundary map for the Community Facilities District . No other properties or entities are exempt from the special taxes unless the properties or entities are expressly exempted in the Resolution of Formation, or in a resolution of consideration to levy a new special tax or special taxes or to alter the Rate or Method of an existing special tax as provided in Section 53334 of the Act.
Section 5. All of the collections of the special taxes pursuant to the Rate and Method shall be used as provided for in the Act and the Resolution of Formation. The special tax es shall be levied within the Community Facilities District only so long as needed for the purposes described in the Resolution of Formation.
Section 6. The special taxes levied pursuant to the Rate and Method shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.
Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of any bonded indebtedness of the Community Facilities District, together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds, order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax.
Section 8. This Ordinance relating to the levy of the special tax es within the Community Facilities District shall take effect 30 days following its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act.
Section 9. The City Clerk is hereby authorized to perform all acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.
10.7.a
Adoption of Ordinance No. 2022-019 (Second Reading)
Packet Pg. 98
Ordinance 2022-019
3 INTRODUCED, ADOPTED, SIGNED AND APPROVED ON the 3rd day of January, 2023.
CITY COUNCIL OF THE CITY OF CHINO
By:__________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Natalie Gonzaga
Acting City Clerk of the City of Chino
10.7.a
Adoption of Ordinance No. 2022-019 (Second Reading)
Packet Pg. 99
Ordinance 2022-019
4 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.
CITY OF CHINO )
I, NATALIE GONZAGA, Acting City Clerk of the City of Chino, do hereby certify that the foregoing Ordinance was duly adopted by the City Council of the City of Chino at a regular meeting held on the 3rd day of January, 2023, by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
NATALIE GONZAGA, ACTING CITY CLERK
10.7.a
Adoption of Ordinance No. 2022-019 (Second Reading)
Packet Pg. 100
Revenue: Expenditure: Various accounts within the 100 and 640 Funds Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
HUMAN RESOURCES DEPARTMENT
COUNCIL MEETING DATE: JANUARY 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES / RISK
MANAGEMENT
SUBJECT: ADOPT RESOLUTION NO. 2023 -004 AMEN DING SWORN CLASSIFICATIONS SALARY AND BENEFITS.
RECOMMENDATION
1) Approve Resolution No. 2023-004 Amending Sworn Classifications Salary and Benefits; 2) appropriate $1,524,902.72 from the following two funds; $627,589.16 from the General Fund and $897,313.56 from the Employee Service Fund; and 3) authorize the City Manager to execute all documents on behalf of the City.
FISCAL IMPACT
Appropriate $1,524,902.72 from the unappropriated reserves of the following two funds; $627,589.16 from the General Fund 100 and $897,313.56 from the Employee Services Fund 640. There is sufficient fund balance in each of the funds 100 and 640.
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
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships
11.8 NEW BUSINESS Packet Pg. 101
COUNCIL MEETING DATE: JANUARY 3, 2023
SUBJECT: ADOPT RESOLUTION NO. 2023-004 AMENDING SWORN CLASSIFICATIONS
SALARY AND BENEFITS
PAGE 2
BACKGROUND
The Chino Police Officers Association (CPOA) and the Chino Police Management Association (CPMA) are engaged in Memorandums of Understanding (MOUs) with the City of Chino regarding the terms and conditions of employment that expire on June 30, 2023.
However, the City has been challenged by a fiercely competitive job market in which competing employers are vying for recruits, pre-service, and lateral Officers which has resulted in a need to amend the existing MOUs at this time. Six Officers left our agency for other departments over the last year; four additional Officers separated from employment. The Officers that are now employed elsewhere were sought after with promises of better pay, enhanced benefits, greater opportunities for advancement, and career special assignments.
In comparing Chino’s total compensation against 11 other agencies, our City ranked in the lowest quartile. Further, the effect of continuous overtime required to provide coverage on the streets as a result of the growing number of vacancies ultimately causes Officers to experience excessive fatigue and poor morale across all ranks.
ISSUES/ANALYSIS
An imminent need to act and implement incentives to make the City of Chino Police Department a highly sought-after employer of the highest caliber is a joint goal expressed by the City Council, the City Manager, and sworn personnel. A Recruitment and Retention Task Force was assembled consisting of sworn and non-sworn employees and a City Council representative to collaboratively draft a new compensation package to attract and retain a premier Police force.
The proposal for your consideration has the support of the membership of both the CPOA and CPMA:
*4% COLA.
*Benefit Bank to $2,043 per month.
*Deferred Compensation Plan contribution increase by $250 monthly. *Retirement Health Savings Plan contribution increase by $250 monthly. *Intermediate P.O.S.T. Certificate increase to 6% base salary; Advanced P.O.S.T. Ce rtificate increase to 12% base salary.
*Effective with the pay period that includes January 1, 2023.
Contract provisions, which extend this agreement through June 30, 2025, as detailed in the attached Resolution, are designed to retain Chino sworn employee s in the number three position in total compensation when compared to the survey cities.
Therefore, City Council is requested to adopt Resolution No. 2023 -004 amending sworn classifications salary and benefits.
Attachments:
Resolution No. 2023-004
11.8 NEW BUSINESS Packet Pg. 102
fa
RESOLUTION NO. 2023-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, ADOPTING AMENDMENT NO. 1 TO THE MEMORANDUM OF
UNDERSTANDING WITH THE CHINO POLICE OFFICERS ASSOCIATION AND
THE CHINO POLICE MANAGEMENT ASSOCIATION AND AMENDING
PORTIONS OF RESOLUTION NOS. 85 -52 AND 85 -54 AND SUBSEQUENT
RESOLUTIONS PERTAINING TO COMPENSATION FOR EMPLOYEE
POSITION CLASSIFICATIONS REPRESENTED BY THE CHINO POLICE
OFFICERS ASSOCIATION, CHINO POLICE MANAGEMENT ASSOCIATION
AND UNREPRESENTED SWORN MANAGEMENT
WHEREAS, the City of Chino (“City”) contracts with the California Public Employees’ Retirement System (“CalPERS”) to provide retirement benefits for its employees; and
WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires governing bodies of local agencies contracting with CalPERS to approve and adopt publicly available pay schedules in accordance with public meeting laws; and
WHEREAS, California Section 36506 of the Ca lifornia Government Code requires that the City Council fix the compensation of all appointive officers and employees by resolution or ordinance; and
WHEREAS, the City Council of the City of Chino has historically adopted resolutions to establish salaries, benefits, and terms and conditions of employment for City employees, including, but not limited to, Resolution Nos. 85-52 and 85-54, and subsequent resolutions to establish changes to salaries, benefits, and terms and conditions of employment for City employees as well as resolutions adopting memoranda of understanding with represented employees; and
WHEREAS, the City desires to revise compensation and benefits for classifications represented by the Chino Police Officers Association, the Chino Police Management Association, and for Unrepresented Sworn Management; and
WHEREAS, the compensation and benefits and other terms and conditions of employment of the affected classifications are codified in a variety of City resolutions and memoranda of understanding and other labor or employment agreements; and
WHEREAS, one or more of the following agreed upon changes to wages, hours and terms and conditions of employment may regard subject matter previously set forth in City resolutions, memoranda of understanding and other labor or employment a greements and/or have become prevailing practices which have developed over time; and
WHEREAS, to the extent that any of the following changes address subject matters already codified in City resolutions or memoranda of understanding or other labor or employment agreements, or defined by prevailing practices, it is the intent of the City that said codified wages, hours, and terms and conditions of employment and those matters defined by resolutions or memoranda of understanding or other labor or employment agreements or prevailing practices, continue in full force and effect subject to modifications described herein.
11.8.b
Approve Amend MOU/Summ Bene Sworn Classifications
Packet Pg. 107
RESOLUTION NO. 2023-004
PAGE 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Amendment No. 1 to the Memorandum of Understanding between the City of Chino and the Chino Police Officers Association covering the period July 1, 2021 through June 30, 2025, attached hereto as Exhibit “A,” is hereby approved.
SECTION 2. The Amendment No. 1 to the Memorandum of Understanding between the City of Chino and the Chino Police Management Association covering the period July 1, 2021 through June 30, 2025, attached hereto as Exhibit “B,” is hereby approved.
SECTION 3. The following provisions are hereby adopted and supersede and replace any similar or related provisions in any City resolutions, memoranda of understanding and other labor or employment agreements and/or any prevailing practices which have developed over time:
PROVISIONS APPLICABLE TO CLASSIFICATIONS REPRESENTED BY THE CHINO POLICE OFFICERS ASSOCIATION.
A) TERM EXTENSION - January 1, 2023 to June 30, 2025.
B) COST OF LIVING ADJUSTMENT - A 4% increase will be made effective for the pay period including January 1, 2023.
C) BENEFIT BANK – An amount equal to the Kaiser (family rate for the City’s zip code), Dental HMO family rate and Vision Basic family rate, currently $2,043/month, will be applied effective for the pay period including January 1, 2023. This rate will be updated each year and adjustments will be made each December when the new year’s premium rates are implemented.
D) DEFERRED COMPENSATION PLAN – Effective for the pay period including January 1, 2023, City will contribute $250/month deposited on a 24 pay period cycle.
E) RETIREMENT HEALTH SAVINGS (RHS) PLAN – Effective for the pay period including January 1, 2023, City will contribute an additional $250/month ($300 total) deposited on a 24 pay period cycle.
F) P.O.S.T. CERTIFICATE PAY - Effective for the pay period including January 1, 2023:
• INTERMEDIATE - will increase from 3% to 6% of monthly base salary. • ADVANCED - will increase from 6% to 12% of monthly base salary.
PROVISIONS APPLICABLE TO CLASSIFICATIONS REPRESENTED BY THE CHINO POLICE MANAGEMENT ASSOCIATION.
A) TERM EXTENSION - January 1, 2023 to June 30, 2025.
B) COST OF LIVING ADJUSTMENT - A 4% increase will be made effective for the pay period including January 1, 2023.
C) BENEFIT BANK – An amount equal to the Kaiser (family rate for the City’s zip code),
11.8.b
Approve Amend MOU/Summ Bene Sworn Classifications
Packet Pg. 108
RESOLUTION NO. 2023-004
PAGE 3
Dental HMO family rate and V ision Basic family rate, currently $2,043 /month, will be applied effective for the pay period including January 1, 2023. This rate will be updated each year and adjustments will be made each December when the new year’s premium rates are implemented.
D) DEFERRED COMPENSATION PLAN, City Contribution - Effective for the pay period including January 1, 2023, City will contribute an additional $250/month ($410/month total) deposited on a 24 pay period cycle.
E) RETIREMENT HEALTH SAVINGS (RHS) PLAN – Effective for the pay period including January 1, 20 23, City will contribute an additional $250/month ($300/month total) deposited on a 24 pay period cycle.
F) P.O.S.T. CERTIFICATE PAY - Effective for the pay period including January 1, 2023:
• INTERMEDIATE - will increase from 3% to 6% of monthly base salary. • ADVANCED - will increase from 6% to 12% of monthly base salary.
PROVISIONS APPLICABLE TO UNREPRESENTED SWORN MANAGEMENT.
A) TERM - January 1, 2023 to June 30, 2025.
B) COST OF LIVING ADJUSTMENT - A 4% increase will be made effective for the pay period including January 1, 2023.
C) BENEFIT BANK – An amount equal to the Kaiser (family rate for the City’s zip code), Dental HMO family rate and Vision Basic family rate, currently $2,043/month, will be applied effective for the pay period including January 1, 2023. This rate will be updated each year and adjustments will be made each December when the new year’s premium rates are implemented.
D) DEFERRED COMPENSATION PLAN, City Contribution - Effective for the pay period including January 1, 2023, City will contribute an additional $250/month deposited on a 24 pay period cycle.
E) RETIREMENT HEALTH SAVINGS (RHS) PLAN – Effective for the pay period including January 1, 2023, City will contribute an additional $250/month deposited on a 24 pay period cycle.
F) P.O.S.T. CERTIFICATE PAY - Effective for the pay period including January 1, 2023:
• INTERMEDIATE - will increase from 3% to 6% of monthly base salary. • ADVANCED - will increase from 6% to 12% of monthly base salary.
SALARY RANGES EFFECTIVE 1/1/2023 FOR AFFECTED POSITION CLASSIFICATIONS.
Non-Management Classification (monthly salary amounts) ___ Step A Step B Step C Step D Step E
Corporal $7,960 $8,357 $8,776 $9,216 $9,676
Police Officer $7,402 $7,772 $8,161 $8,569 $8,996
11.8.b
Approve Amend MOU/Summ Bene Sworn Classifications
Packet Pg. 109
RESOLUTION NO. 2023-004
PAGE 4
Sworn Management Classification (monthly salary amounts) Base 22.5% Maximum
Captain $13,673 $16,066 $16,407
Chief of Police $15,048 $18,435 $20,315
Deputy Chief of Police $14,356 $16,869 $17,228
Lieutenant $11,735 $13,789 $14,083
Sergeant $ 9,777 $11,487 $11,732
PROVISIONS APPLICABLE TO ALL SWORN CLASSIFICATIONS.
A) NEGOTIATION REOPENER – Effective with the pay period that includes July 1, 2023 – June 30, 2024. A Total Compensation Survey will be conducted in August, 2023 , using the same criteria used in the Total Compensation Survey conducted in 2022.
Any adjustments necessary to retain sworn classifications at number 3 rank among the survey cities, with the exception of the Benefit Bank will be made retroactive to the pay period that includes July 1, 2023. When the premium rates are received for the 2024 calendar year, the new rates will be used to determine the total compensation raking of sworn personnel among the survey cities and any updates to the amount of the Benefit Bank will become effective in December, 2023, when the new year’s premium rates are implemented.
B) NEGOTIATION REOPENER – Effective with the pay period that includes July 1, 2024 – June 30, 2025. A Total Compensation Survey will be conducted in August, 2024 using the same criteria used in the Total Compensation Survey conducted in 2022.
Any adjustments necessary to retain sworn classifications at number 3 rank among the survey cities, with the exception of the Benefit Bank will be made retroactive to the pay period that includes July 1, 2024. When the premium rates are received for the 2024 calendar year, the new rates will be used to determine the total compensation raking of sworn personnel among the survey cities and any updates to the amount of the Benefit Bank will become effective in December, 2024, when the new year’s premium rates are implemented.
C) SAVINGS CLAUSE - Should any clause in this Memorandum of Understanding be held invalid by a court of competent jurisdiction, then only that clause will be stricken, and the remainder of the Memorandum of Understanding will be in full force and effect.
The City and the CPOA will immediately commence to negotiate for the purpose of replacing any invalid or illegal provision. However, no such replacement is mandated.
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RESOLUTION NO. 2023-004
PAGE 5
APPROVED AND ADOPTED THIS 3rd day of January, 2023.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
______________________________________
NATALIE GONZAGA, ACTING CITY CLERK
ATTACHMENTS:
Exhibit A: Amendment No. 1 to Memorandum of Understanding for Chino Police Officers Association
Exhibit B: Amendment No. 1 to Memorandum of Understanding for Chino Police Management Association
Exhibit C: Unrepresented Sworn Management Summary of Benefits
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RESOLUTION NO. 2023-004
PAGE 5
State of California )
County of San Bernardino )ss.
City of Chino )
I, Natalie Gonzaga, Acting City Clerk of the City of Chino, do hereby certify that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 3rd day of January 2023, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
______________________________________
NATALIE GONZAGA, ACTING CITY CLERK
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SUMMARY OF BENEFITS
UNREPRESENTED SWORN MANAGEMENT
Effective January 1, 2023 – June 30, 2025
Excerpts from relevant State statutes, Council Resolutions, an d Administrative Policies are found in this document, and are organized alphabetically by subject matter.
Sworn Management positions consist of the following position classifications:
Chief of Police
Captain
Deputy Chief of Police
ACTING PAY:
Acting Pay may be provided to employees who are formally assigned the duties of a vacant, higher-level class for at least twenty (20) consecutive workdays or 20 non-consecutive workdays during any ninety (9 0) day period . Such assignment will be confirmed by the processing of a Personnel Action Form by the employee’s Department Director. A cting Pay will be granted as a five percent (5%) increase to the employ ees existing base salary only and will not be less than the amount equal to the entry level salary of the higher-level class for which the employee is performing duties, nor exceed the maximum salary at the top of the range of said class.
Source: Personnel Rules
ADDITIONAL LEAVE:
Deputy Chief of Police and Captain – In addition to Management Leave, affected e mployees may be provided up to 30 additional hours of leave, at the Chief’s discretion, per fiscal y ear based on workload and hours worked. These hours will be cashed out if they are not used by the last pay period of the fiscal year.
Source: Resolution No. 85-54
ANNUAL PHYSICAL/WELLNESS:
Chief of Police - Up to $450 may be provided to e mployees for reimbursement toward the cost of gym membership, an annual physical, or related out-of-pocket medical expenses. Employees must submit an invoice from the medical provider or proof of gym membership to receive reimbursement.
Source: Resolution Nos. 2001-76, 2006-021
BENEFIT BANK:
Employees are provided with a Benefit Bank for the purchase of medical, dental and/or visi on insurance for themselves and their eligible dependents. The Be nefit Bank for the term of this agreement is as follows:
▪ January 1, 2023: $2,043 per month
An amount equal to the Kaiser (family rate for the City’s zip code), Dental HMO family rate and Vision Basic family rate, currently $2,043/month, will be applied effective for the pay period including January 1, 2023. This rate will b e updated each year and adjustments will be made each December when the new year’s premium rates are implemented.
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Unused portions of the Benefit Bank up to a maximum of $1,315 per month ($1,376 for Chief of Police) will be paid out in th e employee's regula r paych ecks as earned. For employees hired after September 3, 2019, the unused portions maximum of the Benefit Bank, up to a maximum of $600 per month, will be paid out in the employee’s regular paycheck as earned.
Any employee waiving health coverage is required to submit an affidavit attesting that he/she has qualifying group health coverage elsewhere; failure to provide this supporting documentation to the Human Resources/Risk Management Department can result in a loss of any excess Benefit Bank funds being dispersed.
Source: Resolutions Nos. 85-54, 86-59, 87-83, 89-195, 91-102, 97-62, 98-40, 2000-47, 2000-69, 2001-76, 2004-022, 2005-008, 2006-021, 2007-49, 2013-046, 2015-054, 2019-050
BEREAVEMENT LEAVE:
Employees are provided with a non-accruing bank of five (5) days (50 hours) for bereavement of an immediate family member.
An "immediate family member" for purposes of this policy will include the following: s pouse, domestic partner, parent, parent-in-law, step-parent, sibling, child, step -child, sibling-in-law, daughter/son-in-law, grandparent, step -grandparent, grandchild, or any other relative residing within the employee's home.
Source: Resolution Nos. 2000-47, 2000-69, 2001-76, 2019-050
BILINGUAL PAY:
Chief of Police – A $100 allowance per mont h (paid over 24 pay periods) for fluency in any language the City Manager deems necessary, including sign language.
Deputy Chief of Police and Cap tain – A $240 allowance per month (paid over 24 pay periods) for fluency in any language the department director deems necessary, including sign language.
Employees will be eligible fo r bilingual pay solely at the employee's department director's discretion. The determinati on by th e department director w ith r egard to bilingual pay will be based on an assessment as to the need for the employee to use this skill on-the-job. The decision is not subject to any method of administrative appeal or challenge. In the event that an employee is approved for biling ual pay, and then at some fu ture point in time changes as signments, classifications, duties, or in any manner is transferred or promoted, a determination may be made by the employee's department director that bilingual skills are no longer required for use on-the- job and this benefit will be removed from the emp loyee with no right of appeal. In any case, employees must first demonstra te their conversational skill through a co mpetency examination developed and administered by the City. Recertification an d it s f requency remain at th e discretion of the City.
Source: Resolution Nos. 85-54, 87-83, 91-102, 97-62, 98-40, 2000-47, 2000-69, 2006-021, 2006-025
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COST OF LIVING ADJUSTMENT:
Increases to employees’ base wages/salary ranges for any represented positions are as follows:
❖ Effective the beginning of the pay period including January 1, 2023: 4%
DEATH BENEFIT:
Chief of Police – Employee is provided with $ 250,000 in life in surance coverage , payable to beneficiary on file in Human Resources at time of death.
Deputy Chief of Police and Captain – Employees are provided with $ 100,000 in life in surance coverage, payable to beneficiary on file in Human Resources at time of death.
In the event o f an empl oyee’s d eath, his/h er be neficiary will receive paym ent of all unused vacation and compensation time at 100%. Sick leave time will be paid out at the rate established by years of service.
In the event of an employee d eath, and such death is defin ed by the Workers ’ Compensat ion system as an industrial death, the employee’s beneficiary(ies) will receive 100% cash-out of the employee’s accrued sick leave on record.
Source: Resolution No. 2000-047, 2000-069
DEFERRED COMPENSATION PLAN:
A 457 deferred compensation plan is available to all employees, providing tax -deferred savings to serv e as a retirement suppl ement. An em ployee may contribute to the City's designated deferred compensation plan up to the maximum annual amount allowed by federal and state la w through a payroll deduction program.
City Contribution
Chief of Police – The City-paid contribution to deferred compensation is $700 per month. The contribution will be placed in a deferred com pensation account selected by the City. Loans are permitted.
Deputy Chi ef of Police and Captain - The City -paid contribution to deferred c ompensation i s $410 per month. The contribution will be placed in a deferred compensation account selected by the City. Loans are permitted.
Source: Resolution Nos. 86-59, 87-83, 98-40
“Catch-up” Provision
Pursuant to fed eral and state la w, empl oyees attaining the minimum age of 47, who are within 3 years of their planned re tirement date, may take advantage of the 457 Deferred Compensation Plan "catch-up" provisions and allowances as defined in federal and state law.
To th e extent allowed by fede ral and state la w an d the Ci ty's deferred compe nsation plan administrator, the Ci ty will allow, dur ing the 3 years prior to an employee's planned retirement date, th e conversion of accrued sick/vacation/management/floating holiday and holiday leave hours to cash co ntribution at the employ ee's base rate of pay in ef fect at the time of conversio n. Sick/vacation /management/floating holiday and holiday leave conversion c ontributions f or the "457 ca tch-up" shall normally be distributed over an employee's last 3 years prior to his/her planned retirement date. However, based on the to tal
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amount of "457 catch -up" contributions available to the employee, accumulated sick l eave hours, and th e employee's d esignated retirement date, "457 catch -up" contributions may occur over a shorte r peri od of t ime prior to retir ement. To be eligible to p articipate, the employee mu st be wi thin 3 years of his/h er planned retirement date, have "457 ca tch-up" privileges avail able to him/her, be enrolled in the City -sponsored 457 Deferred Compensation Plan.
“Catch-up” – Sick Leave
Employees are not entitled t o 100% cash-out of Sick Lea ve until completion of 5 year s of service with the City as th e fi nal employer a nd either a qu alified service or disability retirement. The City will advance employees 47 y ears of age o r older a cash -out of their accrued Sick Lea ve up t o t he indexed amount if they choose to utilize th e “Catch Up” provision provided through the City’s 457 plan.
In the event an employee separates for any reason other than service or disability retirement from the City prior to being eligible to receive 100% Sick Leave pay, sa id employee will be required to reimburse the excess amount o f Si ck L eave previ ously paid out . The reimbursement will be deducted by the City from any or all earned funds available to the employee on separation, without it being necessary for the City to seek a civil judgment for the monies.
In order to participat e, t he e mployee wi ll select the amount of sick leave he/she wants transferred into deferred compensation at the beginning of each of the 3 yea rs. The amount can be a selected number of hours or a percentage of Sick Leave re maining at the end of the year. The employee’s Si ck Leave balan ce would then decrease commensurately with the amount of funds withdrawn.
The employee will continue to accrue Sick Leave hours at the normal rate while participating in this program.
“Catch-up” hours advanced will be added ba ck to the employee’s Sick Le ave bank for the sick leave program calculation.
“Catch-up”– Vacation Leave
In order to participate, the empl oyee will select the amount of Vacation Leave he/she wants transferred into deferred compensation at the beginning of each of the 3 years. The am ount can be a selected number of hours or a percentage of Vacation Leave remain ing at the end of the year. Th e employee’s Vacation Leave balance wou ld then decrease commensurately with the amount of funds withdrawn.
The employ ee main taining his/her Vacat ion Leave ma ximum wo uld still be eligible for Vacation Leave incentives, such as Vacation Leave Conversion.
The employee will cont inue to accrue Vac ation L eave ho urs at the normal rate while participating in this program.
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“Catch-up”– Other Leave
In order to participate, the employee will se lect the amount of Other Leave he/she wants transferred into deferred compensation at the beginning of each of the 3 years.
“Age 50+ Catch-up”
In the calend ar year you attain age 50 (or older), you may contribute an add itional amount ($7,500 for 2023 ) over the normal maximum contribution limit ($ 22,500 for 20 23). The “Age 50 Catch-up” and “Pre -Retirement Catch-up” provisions may not both be use d in the same calendar year. Employees may use accrued sick/vacation/management/floating holiday/holiday comp leave hours to contribute this additional amount.
Defined contribution plan - 401(A):
This plan, offered in addition to the existing 457 Deferred Compensation Plan, allows employees to defer additional income (beyond what is allowed in the 457 Plan) as a means of accumulating greater savings for retirement. Part icipation is voluntary. Employees who elect to enroll in the 401(a) Plan contribute pre -tax contributions in one of th e establ ished amou nts: 1% - 20% inclusive, 25%, or 100%. The C ity contributes $1 per pay period per particip ating employee.
An employee’s election to enroll in the 401(a) Plan is irrevocable. Loans are permitted.
Source: Resolution Nos. 2003-001, 2004-074
Contributions t o deferred compensation plans will be discontinued while an employee i s receiving Workers’ Compensation payments.
Source: Resolution Nos. 98-09, 98-40, 2019-050
DIRECT DEPOSIT
All employees will have funds directly deposited into an account established for deposit of any payroll check.
Source: Resolution No. 2019-050
DISABILITY:
The City w ill pay all p remiums for the Ci ty-funded Short/Long Term D isability Program and provide it to all full-time, non-probationary employees, with a buy-down program to be effective on the 41st c alendar day of disability, with a provision to continue regular benefits and be nefit accruals during the “ buy-down” and Term Disability coverage peri ods. Salary continuation effective on the 41 st c onsecutive calen dar da y of disabil ity will be at a rate of 100% of the employee’s base salary. Effective on the 61st consecutive calenda r day of disability, salary continuation will be made at a rate of 66 -2/3% of the employee’s base salary. The entire benefit period will not exceed two (2) years.
Source: Resolution No. 86-59
DISCIPLINARY ACTION APPEAL PROCEDURE CONSISTING OF A WRITTEN REPRIMAND OR LESS:
Chief of Police - The following Appeal procedure will be utilized by the Chief of Pol ice for the purpose of appealing disciplinary action consisting of a Written Reprimand or less. This will be the sole and exclusiv e procedure afforded to the Chief for appealing disciplinary action consisting of a Written Reprimand or less.
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The Chief having received a disciplinary action consisting of a Written Reprimand or less will be entitled to the f ollowing appeal procedure pursuant to the Public Safety Officers Procedural B ill of Rights Act at California Government Code § 3304(b) and 3304.5.
Within five (5) workdays of the time the written or verbal reprimand is issued, the Chief will be entitled to a non-evidentiary meeting with the City Manager. The purpose of this admin istrative appeal is to afford the Chief an opportunity to be heard by the City Manager as to why the Chief believes the discipline should be revoked or modified. The Chief may be heard verbally or in writing. The City Manager will have 10 workdays to respond to the Chief. If the City Manager does not respond within 10 workdays from the date of the administrative appeal to respond to the employee, the original disciplinary action will be deemed unchanged.
The determination of the City Manager will be final, binding and con clusive. Th ere will be no other administrative method to appeal the determination of the City Manager.
Source: Resolution No. 2000-69
Deputy Chief of Police and Captain - The following Appeal procedure will be utilized by sw orn employees for the purpose of appealing disciplinary action consisting of a Written Reprimand or less. This shall be the sole and exclusive procedure a fforded to sworn employees for appealing disciplinary action consisting of a Written Reprimand or less.
Any sworn employee having received a disciplinary action consisting of a Written Reprimand or less shall be entitled to the following appeal procedure pursuant to t he Public Safety Officers Procedural Bill of Rights Act at California Government Code § 3304(b) and 3304.5.
Within five (5) workdays of the time the writ ten or verbal reprimand is issued, the employ ee shall be entitled to a non -evidentiary me eting with th e supervisor wh o i ssued the disciplinary action. The purpose of this administrative app eal is to afford the employee an opportunity to be heard by the su pervisor as to w hy the employee believes the discipline should be revoked or modified. T he em ployee m ay be heard verbally or in writing. The supervisor shall h ave 10 workdays to respond to the employee. If the supervisor does not respond within 10 workd ays of the administrative appeal meeting, the original disciplinary action shall be deemed unchanged.
If the matter is not resolved to the aggrieved emp loyee's satisfaction, within 10 workd ays of the supervisor's response to the employee's appeal, or 10 w orkdays after the time for the supervisor to respond has passed, the employee shall then be entitled to a non-evidentiary meeting with the Chief of Polic e. The purpose of this administrativ e appeal shall be to afford the employee an opportunity to be hear d by the Chief of Police as to why the employee believes the discipline should be revoked or modified. The employee may be heard verbally or in writing. The Chief of Police shall have 10 w orkdays to respond to the employee. If the Chief of Police does n ot respond within 10 workdays of the administrative appeal meeting, the original disciplinary action shall be deemed unchanged.
The determination of th e Chief of Police shall be final, bin ding and conclusive. Ther e shall be no other administrative method to appeal the determination of the Chief of Police.
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Source: Resolution No. 2000-69
DISCIPLINARY APPEAL PROCEDURE CONSISTING OF MORE THAN A WRITTEN REPRIMAND:
The City Manager may determine if proposed discipline is affirmed, modified, or reversed.
Source: Resolution No. 98-40, 2005-008
EDUCATIONAL INCENTIVE PAY:
Deputy Chief of Police and Ca ptain – Employees who have served two (2) consecutive years of full-time emp loyment with the Chino Police De partment are eligible to receive a o ne-time payment of his/her total annual base salary at the time the degree is awarded.
Degree Percentage of Salary
Associate of Arts/Science 2-1/2%
Bachelor of Arts/Science 5%
Master of Arts/Science 7%
Employees are eligible to concurrently receive the one -time Educational Incentive Pay while continuing to receive P.O.S.T. Certificate Pay for qualified college degrees received.
Source: Resolution No. 97-62, 2009-036A
FLEXIBLE BENEFITS SPENDING PLAN:
A Section 125 - Flexible Benefits Spe nding Plan is available fo r empl oyee cont ributions in accordance with IRS regulations.
Source: Resolution No. 2009-043, 2017-049
FLOATING HOLIDAY:
See Holiday Pay below.
Source: Administrative Policy-Floating Holiday Time
HOLIDAYS:
The City has designated 10 ten-hour holidays and 2 five-hour holidays as follows:
New Year’s Day Martin Luther King
Presidents Day Memorial Day
Independence Day Labor Day
Veterans Day Thanksgiving Day
Day following Thanksgiving 5 hours on the afternoon of Christmas Eve Christmas Day 5 hours on the afternoon of New Year’s Eve
When a holiday falls on a Saturd ay, the preceding Friday will be the hol iday. When a holiday falls on a Sunday, the following Monday will be the holiday.
Source: Ordinance 2002-03; Resolution Nos. 85-54, 86-59, 96-86, 2001-76, 2019-050
HOLIDAY PAY:
Employees are credited with 145 holiday hours ( observed City holidays plus Flo ating Holiday Time) at t he beginning of each fiscal year (prorated for new -hires following co mpletion of 6
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months of full-time/continuous service). These positions have the option of converting holiday time to cash or to a ccumulated time off. Holiday time converted to cash pursuant to exercise of the above option, will be compensated at the current base hourly rate. Any holidays converted to accumulated time off must be utilized during the fiscal year, and there will be no option to carry unused accumulated holiday time from one fiscal year to another. Any unused holiday hours for the period of July 1 thro ugh June 30 of any f iscal year will be paid, on the last pay day of the fiscal year, for all remaining hours calculated at the base hourly r ate for e ach hour of unused holiday time.
Upon written reques t to the City’s Finance Departm ent, payment of holidays will be made in a check separate from the regular payroll check at any time throughout the year. Holiday p ay will be calculated at the pay rate at the time of cash out.
Deputy Chief of Police and Captain only - To c omply with PERS reg ulations, this special compensation will be reported to PERS as it is earned.
Except for retiring from the City, Holiday leave time used or received in cash in excess of those which would have n ormally accrued during that period of time in the fiscal ye ar for o bserved City holidays, will reimburse the City upon termination of their employment.
Source: Resolution No. 96-86, 2016-047
JURY DUTY:
It is the policy of the City that no employee be compensated for jury service in excess of ten (10) working days during any fiscal year . A “working day” shall be defined as a regularly scheduled day of work for the affected employee.
For all jury service, employees are required to deliver a jury duty certification form at the end of the required jury duty to verify such service. Employees required to serve on a jury must repo rt to work before and after j ury duty provided there is an opportunity for at least one hour (1) of actual work time.
Source: Resolution No. 96-86, 2019-050
LIFE INSURANCE:
See Death Benefit section.
Source: Resolution Nos. 85-54, 87-83, 2000-47, 2000-69
LONG TERM CARE THROUGH BENEFIT BANK/PAYROLL DEDUCTION:
Employees who are participants in the CalPERS Long Term Care Program may make payments to CalPERS for this benefit from payroll deductions. Maintenance of eligibility to participate in the Progr am will be the sole responsibility of the employee. The City will make this payment/payroll deduction plan availa ble t o employe es at the earliest oppor tunity and may rescind this benefit upon 30 days written notice to employees.
Source: Resolution Nos. 2000-47, 2000-69
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LUNCH (PAID):
Deputy Chief of Police and Captain - Employees receive a one ( 1) hour paid lunch period included in their 10-hour workday.
Source: Resolution No. 96-86
MANAGEMENT LEAVE:
Chief of Police - Employee is provided with 90 Management Leave hours in the first pay period of July of each fiscal year. Management Leave is non-accruing and will not be carried from one fiscal year to the next. Newly hired management employees or current employees promoted into management will receive a prorated management leave benefit.
Time taken a s manage ment leave must be pre-approved by the City Manager prior to it s use.
Employees may cash out up to 70 hour s of Management Leave per fi scal year at their current base rate of pay a t any time throu ghout the fiscal ye ar by making notification of request to cash out to the Finance Department. Any unused Management Leave on record at the ending date of the second payroll in June will be cash ed out, up t o 70 hour s maxi mum. Any remaining Management Leave at that time will be removed from the employee’s leave bank.
Deputy Chief of Police and Captain - Employees are provided with 60 Management Leave hours in the first pay per iod in July of each fiscal year. Management Leave is non -accruing and shall not be carried from one fiscal year to t he next. Newly hired management employees or current employees promoted into management will receive a prorated management leave benefit.
Up to 30 hours of M anagement Leave may be cashed out at any time during the fi scal year by making a request to the Finance Department. Employees shall use all management leave time no later than the ending date of the second payroll in June (this pay roll period does not ext end into July). Any unused Management Leave on record at the ending date of the second payroll in June will be cashed out, up to 30 hours maximum. See also Additional Leave.
Except for employees retiring from the City, employees resigning/separating from employment will have Management Leave credited on a prorated basis , and amounts used/cashed out in excess of those they qualify for are owed back to the City upon separation. The difference will be deducted from the employee’s final che ck(s), or in the e vent t hat sufficient funds are not available, the employee will b e responsible to pay back the City wit hin 14 calendar days from the date of separation.
Source: Resolution Nos. 85-54, 87-83, 97-62, 2000-047, 2000-69, 2007-049; Administrative Policy-Management Leave
MEDICARE CONTRIBUTION:
Chief of Police - The City will pay the cost of the employee portion of the Medicare Tax.
Source: Resolution No. 98-40
MILEAGE REIMBURSEMENT:
Deputy Chief of Police and Captain - The City shall use the standard rate esta blished by the Internal Revenue Service to calculate reimbursement for mileage.
Source: Resolution No. 96-86
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MILITARY LEAVE:
Under certain conditions, employees ordered to active duty m ay receive wage continuation and benefits for up to one ye ar. Cost of living adjustments will be recei ved and leave accruals will continue during the first year of ordered active duty.
(Military and Veterans Code section 395.01 et seq.; Resolution Nos. 85-54, 2001-66
PERFORMANCE EVALUATION:
Employees will receive an annu al performance eva luation and consideration of a salary adjustment within th e Merit Zone a nd th e O utstanding Zone establi shed by the date of hire.
Salary adjustments will be based on individual performance and contribution.
Source: Resolution No. 97-62
PERSONNEL FILE (RESPONSE TO DOCUMENTS PLACED WITHIN):
An employee is limited to 30 calendar days from service of an ad verse document in which to respond to said documen t p laced in his/her Personnel File. If the affected employee, or the affected employee’s representative, requires additional time to prepare a response, either party may, in writing, notify the Director of Human Resources/Risk Management and an additional 30 days extension will be granted.
Source: Resolution No. 2000-47
PHYSICAL FITNESS PROGRAM (VOLUNTARY):
Deputy Chief of Pol ice and Captain – shall recei ve 1-30 hours of compensat ory t ime off respectively per fiscal year for demonstration of physical fitness.
The City and the Employee agree and acknowledge that participation in this prog ram is not an implied or expres s requirement of employment. The City will not be liable for t he payment of workers’ compe nsation be nefits for a ny in juries arising from p articipation in the program or from trai ning/preparation, which any employee un dertakes fo r participation in the prog ram.
Each employee participa ting in the program is required to sign the following acknowledgement at the inception of his/her participation, training, or preparation for the program:
“Participation by employees of the City of Chino in the volunteer physical fitness program and in tr aining/preparation for participati on in the program, is strict ly voluntary. No City employee i s e xpected to p articipate in th e program, and participation is not a part of an y City employee’s work-related duties. The C ity shall not be liable for the payme nt of wo rkers’ compensation benefi ts fo r a ny injury which arises from pa rticipation in the volunteer physical fitness program, or from training/preparation for participation in the program.
I acknowledge receipt of this notice, agree to be bound by its admonitions, and will file no Workers’ Compensation claim which is related in any way to my participation, training, or preparation for the program.
Dated:
Signature of Employee”
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The CPOA and CPMA Association Bo ard Members will determine test dates for the Voluntary Physical Fitness Program and testing will take place over a period of time not to exceed 3 three months from the date of the first test to the date of the final test. Sw orn employees unable to participate in the test ing process due to a work -related illness or injury wi ll b e credited the following year in which they participate in the Program with benefits equal to 2 years of credit.
Source: Resolution Nos. 96-86(CPOA, CPMA & Captains), 97-62, 2008-047 (CPOA), 2009-036A
P.O.S.T. CERTIFICATE PAY:
Chief of Police – Eligible to attempt to qualify to receive additional monthly compensation as follows for possession of the following certificate(s):
Advanced P.O.S.T. Certificate 12% of monthly base salary; and Management P.O.S.T. Certificate 9% of monthly base salary; and Executive P.O.S.T. Certificate 1% of monthly base salary
Deputy Chief of Police and C aptain – Employees are eligible to attempt to qualify to receive additional monthly compensation as follows for possession of the following certificate(s):
Intermediate P.O.S.T. Certificate 6% of monthly base salary; or Advanced P.O.S.T. Certificate 12% of monthly base salary; and Management P.O.S.T. Certificate 9% of monthly base salary
Qualified employees eligible to receive P.O.S.T. Certificate Pay will receive compensation paid over the normal 26 pay periods each fiscal year.
Deputy Chief of Police and Captain – Employees will be eligible to concurrently receive the one- time Educational Incen tive Pay (equal to that pro vided to the Chin o P olice Association in Resolution 85 -54) wh ile conti nuing t o receive P.O.S.T. Certi ficate Pay for qualified college degrees received.
Source: Resolution Nos. 89-195, 96-86, 97-62, 2004-105, 2005-008
RECRUITMENT INCENTIVES:
Deputy Chief of Police and Captain – for recommendation resulting in Sworn hire:
❖ $2,000 at hire + $500 upon completion of probation for entry level; ❖ $4,000 at hire + $1,000 upon completion of probation for lateral.
For recommendation resu lting in hire of Public S afety D ispatcher or Public Sa fety Dispatcher Supervisor:
❖ $2,000 at hire + $500 at time of completion of probation.
NOTE: The Chief of Police is not eligible for this benefit. In addition, any Police Department personnel who are assigned to the Backgrounds and Training Unit or who are given any work responsibility related to the recruitment and hir ing of employees are not eligible for this benefit unless the recommendation for hire is made independent of his/her duties as a Recruitment Team Member, i.e., outsid e of the work hou rs in whi ch he/she is formally assigned to s erve in the capacity of “Recruiter”. In order to receive incentive pay, the Rec ruitment Team Member must prepare a written memorandum to the Chief of Police, detailing the circumstances under wh ich
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contact was m ade with the indivi dual recommended for hire . Upon the Chief’s review an d approval o f thi s submission, in compliance with t he guidelines established for the Hir ing Incentive Program, the Recruiter may receive the same hiring incentive com pensation afforded to non-Recruitment Team Members.
Source: Resolution Nos. 2006-021, 2007-056, 2013-046
REHIRE POLICY:
Any employee who res igns from City employment and at the time of res ignation i s noted as being subject to rehire, and who is in fact rehired not later than six (6) months after the effective date of resignation and then emplo yed in his or her former classification, or in a po sition within the classification series held a t the time of resignation and in a comparable or lower rank, shall serve th e same proba tionary period tha t a ny new hire would othe rwise s erve and shall be otherwise subject to all terms an d conditions of employ ment appl icable t o any ne wly hired employee. The only exception shall be that any employee rehired shall have his or her seniority level and leave accrual rates determined based upon the number of years of service with the City of Chino prior to the resignation.
Employees rehired by the Cit y under the City’s Rehire Policy will be allowed to buy back any time cashed out at time o f separation. Sai d buy back shall be at th e hourly rate existing upon rehire. Sick l eave o n re cord at the time of separation th at wa s no t co mpensated fo r will be reinstated.
Source: Resolution Nos. 96-86, 97-62
RETIREMENT:
The City has a three-tier retirement benefit as follows:
Plan for sworn personnel:
A. 3% at age 50, if hired before O ctober 16 , 20 11, with the single highest ye ar final compensation
B. 3% at age 55, i f h ired on or af ter O ctober 1 6, 2011 , with a 3 -year average final compensation
C. 2.7% at age 57 (PEPRA), if entering PERS membership on or after January 1, 2013, with final compensation for the purposes of calculating a n ew member’s retirement allowance equal to the ne w mem ber’s highest average PERS compensation for 36 consecutive months of employment
Member contributions:
Members will contribute the employee rate of contributions each payroll. All employee -paid contributions to PERS will be made on a pre -tax basis, i n accordance with IRS section 414 (h) (2) and PERS guidelines:
A. 3% at age 50, if hired before October 16, 2011:
1) Employee contribution rate – 9% of reportable compensation B. 3% at age 55, if hired on or after October 16, 2011:
1) Employee contribution rate – 9% of reportable compensation C. 2.7% at age 57 (PEPRA), if entering PERS membership on or after January 1, 2013:
1) Employee contribution rate – 13% of reportable compensation (subject to change)
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The City provides the Fourth Level 1959 Survivor Benefits.
Source: Resolution Nos. 1496, 85-54, 89-195, 91-102, 96-86, 97-62, 98-40, 98-50, 2000-47, 2000-69, 2006-021, 2011-30, 2015-054 and California Public Employee Pension Reform Act of 2013 (PEPRA)
RETIREMENT HEALTH SAVINGS (RHS) PLAN:
A Retirement Health Savings Plan is established in accordance with IRS regulations.
Chief of Police
• Employee contributes 1% of base earnings each pay period. Upon separation from the City, a 90% cash out of all qual ifying, verified accrued leave will be deposited to the employee’s RHS plan.
• City will contribute $250 per month, deposited on a 24 pay period cycle.
Deputy Chief of Police and Captain
• Employee contributes 1% of base earnings each pay period. Upon separation from the City, a 90% cash out of all qual ifying, verified accrued leave will be deposited to the employee’s RHS plan.
• City will contribute $300 per month, deposited on a 24 pay period cycle.
Source: Resolution No. 2007-049
SALARY ADJUSTMENTS:
All adjustments to an employee’s salary shall be made at the start of the pay period in which the salary adjustment becomes effective.
Source: Resolution Nos. 2000-47, 2000-69, Employee Handbook
SEPARATION FROM CITY:
Chief of Police - At the discretion and approval of the City Manager, employees may be allowed to extend their last day of employment through the use of leave time one (1) pay period beyond that day on which the employee actually reports to work.
Deputy Chief of Police and Captain - At the discretion and approval of the Department Director, employees may be allowed to extend their last day of emp loyment through the use of leave time one (1) pay period beyond that day on which the employee actually reports to work.
Source: Resolution No. 97-62
SEVERANCE:
Chief of Police - After one (1) year of employment, should the City Manager elect to terminate employment without cause, the City sh all, upo n ef fective date of such termination , and with signature on W aiver an d Release Agreement (included as Exhibit A), pa y t o the employee severance in t he amount equal to six (6) months of his/her monthly salary, less applicable deductions and excluding deferred compensation or the value of any other benefits.
Source: Resolution Nos. 2009-036A, 2019-050
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SICK LEAVE:
Upon hire, employees will be credited with 30 hours or three (3) days of sick leave, whichever is greater, which can be us ed f ollowing the completion of 90 day s of continuous f ull-time employment. Follo wing the 90 th day of employm ent, for each calend ar month in which t he employee is paid f or more than two-thirds (2/3) of the working days i n such month, employees accrue 10 hours of sick leave per month to a maximum accrual of 1,080 hours.
If an employee changes status (e.g. changes from full-time to part-time em ployment), or separates from this bargaining group, the employee will be subject to the new bargaining group’s MOU or Summary of Benefits.
Upon notice of resignation or r etirement f rom the City, a ny sick leave usage requeste d will require a doctor’s note or certification. If doc umentation is not received, t he employee will not receive payment for any sick leave hours used.
Source: Labor Code sections 233-234; Resolution Nos. 85-54, 86-59,2015-046; Administrative Policies-Sick Leave Usage--Examination & Treatment, Sick Leave Usage--Birth of Child, Use of Leave Time for Care of Family Members, Sick Leave Usage--Pre-Employment Physical Examination
SICK LEAVE BUY BACK:
At separation of employment the City will buy back a percentage of the employee’s accrued sick leave hours, at the hourly base rate of pay at the time of separation. This benefit is contingent upon non -retirement, no n-disciplinary sep aration, and completion of five ( 5) years ful l-time employment with the City.
Completed Years of Service % of Sick Leave Converted to Compensation
5 years 30%
10 years 35%
15 years 40%
20 or more years 45%
The City shall buy back 100% of th e employee’ s accrued sick leave hours for a service o r disability retirement following five (5) years of ful l-time employment with t he City as the final employer. The percentages may be adjusted in accordance with the Retirement Health Savings Plan elections and provisions for affected individuals, per IRS regulations.
Source: Resolution Nos. 85-54, 87-83, 2007-56
SICK LEAVE CONVERSION TO COMPENSATION:
Chief of Police - Who has accrued in excess of 320 hours of sick leave as of the final pay period in June of each year will have the option of annually converting up to 40 hours to compensation, for hours in excess of 320 hours, calculated at their base rate o f pay. S ick Leave conversion is paid in the final payroll check of each fiscal year.
Source: Resolution No. 87-83
SICK LEAVE CONVERSION TO PERSONAL LEAVE:
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For e mployees who have e arned sick leave accrual benefits for one (1) full fi scal year, Sick Leave may be converted to Personal Leave in accordance with the following schedule.
A
Sick Leave
Days (10 hours)
Earned
B
Annual Sick
Leave Days
(10 hours) Used
C
Personal Leave
Days (8 hours)
Conversion
D
Up to 56 hours of Sick
Leave in excess of 960
hours limit Converted to
Pay
12 days (120 hrs) 0 8 days (64 hrs) 0 + 64 + 56 = 120 hrs 11 days (110 hrs) 1 day (10 hrs) 7 days (56 hrs) 10 + 56 + 54 = 120 hrs 10 days (100 hrs) 2 days (20 hrs) 6 days (48 hrs) 20 + 48 + 52 = 120 hrs 9 days (90 hrs) 3 days (30 hrs) 5 days (40 hrs) 30 + 40 + 50 = 120 hrs 8 days (80 hrs) 4 days (40 hrs) 4 days (32 hrs) 40 + 32 + 48 = 120 hrs 7 days (70 hrs) 5 days (50 hrs) 3 days (24 hrs) 50 + 24 + 46 = 120 hrs 6 days (60 hrs) 6 days (60 hrs) 2 days (16 hrs) 60 + 16 + 44 = 120 hrs
Personal Leave may not be carried from one fiscal year to the next. C onverted Personal L eave that is not used will be credited to Sick Leave at the end of a fiscal year if credited hours do not exceed the 1,080 hours Sick Leave limit.
Source: Resolution Nos. 86-59, 91-102
SICK LEAVE PROGRAM:
Employees who have accumulated sick leave in e xcess of 960 hours on the last pa y period in June, may convert up to 56 hours of s ick leave to cash. Payment shal l be calcul ated at the employee’s hourly base rate and paid in the final payroll check of each fiscal year.
Sick leave hours utilized for the “Catch Up ” provision offered through the City’s 457 plan, will not be deducted when making the calculation above.
Source: Resolution Nos. 87-83, 91-102
SPECIAL COMPENSATION PAYMENT SCHEDULE:
Employees eligible to receive special compensation benefits which are a percentage of base pay, such as P.O.S.T. Certificate Pay, will receive compensation paid over 26 pay periods each fiscal year. All other special compensation, such as Bil ingual Pay, will r eceive compensation paid over 24 pay periods each fiscal year. Special compensation will be reported in accordance with applicable sections of the California Gov ernment Code, California Code of Regulations, and the City’s contract with the California Public Employee’s Retirement System.
Source: Resolution No. 2019-050
SUPPLEMENTAL CONTRIBUTION FOR RETIREES:
Employees separating from City employment as a res ult of a no n-disputed disability or ser vice retirement afte r completion i n either case of 15 years of continuous, uninterrupted, full-time sworn Cit y service shall r eceive a m onthly supplemental contribution equal to $15 per month multiplied by the number of years of service f rom time of retire ment and shall continue unti l death of the retiree. (For example, an empl oyee retiring after 15 years of req uired continuous service shall receive a City-funded supplemental contribution in the amount of $225 per mon th.) However, if the retiree dies afte r receipt of t his benefit for less than 15 years, then the benefit
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will co ntinue to b e paid to t he eligible s pouse, if any, un til the du ration of benefits paym ents totals a complete 15 years from the date that the pay ments comme nced. For example, if the eligible retiree should die after receiving 10 years of the supplemental contribution as described herein, and the now deceased eligible retiree has a legal spouse, s aid spouse shall continue to receive the benefit for a remaining 5 years. No benefit shall be provided to any other beneficiary with the e xception o f what is noted here af ter the member’s death. A d isputed d isability retirement is defined as one in which the City has not certified the retirement as being valid for disability status. This bene fit in its ent irety shall apply only to employees employed as of June 30, 1 998. T hereafter, no f uture employe es in thi s positi on classif ication shall qualify f or thi s benefit at any level whatsoever. Future hires will be provided with no supplemental contribution for retirees.
Source: Resolution Nos. 96-86, 97-62, 98-40
TUITION REIMBURSEMENT PROGRAM:
Effective July 1, 2015, full-time, non-probationary employees enrolled in an accredited college/university degree prog ram or professional development courses, are eligible for tuition reimbursement up to a maximum o f $3,000 pe r f iscal y ear upon success fully completing coursework with a minimum grade o f “C. ” Certa in “Pass” onl y courses may be eligible. A Tuition Reimbursement Form and require d documentation m ust be r eceived by the Human Resources Department no later than 60 calendar days after the course completion date. A college or university shall be defined as an institution accredited by the We stern Association of Schools and Colleges Senior College and University Commission (WASC), the Accrediting Commission of Community and Junior Colleges (ACCJC), Northwest Commission on Colleges and Universities (NWCCU), Southern Association of Colleges and Schools Commission on Colleges (SACSCOC), Mi ddle State Commission on Higher Education (MS CHE), New Engl and Association of Colleges and Schools (NEASC) or an institution listed on the Higher Learning Commission (HLC). Other accreditations may be eligible upon review by the Human Resources Department.
The non-probationary statu s requirement does n ot pertain to those eligible employees who are considered to hold probationary status due to a promotion into a new position in the City. Any employee promoting from a part-time position to a full-time position are not eligible until they successfully pass probation.
Eligibility to re ceive tuition rei mbursement sha ll be conditi oned upon a determination by the Department Director that the major in which a degree is being p ursued o r profe ssional development courses are in a field of protocol reasonably likely to en hance the employee’s job performance or promotional advancement within the City.
Reimbursable expenses will i nclude books, tuition, pa rking and registration/enrollment fe es.
Items such as paper, pens, notebooks, and printing fees will not be eligible. Health-related fees, “gym” fees and other miscellaneous fees, whether billed as “tuition” or otherwise required of the institution are not eligible.
Upon r equest, an employee may be gr anted a “hardship waiver” for tuition if he /she acknowledges he/she has a financial hardship t o pay for t uition. Should such a waiver be
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approved, the C ity will adv ance th e co st o f tuitio n fees only (not incl uding he alth or ot her nontuition fees); up to 75% of the cost of tuition. Within 30 days of completion of the course(s), employee is to provide proof of completion with a grade of “C” or better to Human Resources.
Employees agree to complete one (1) year of service with the City from the date of complet ion of their course work or they will be required to reimburse the City for funds distributed.
Source: Resolution Nos. 85-54, 87-83, 89-195, 91-102,
96-86, 97-62, 2015-054
UNIFORM CLOTHING/CLEANING ALLOWANCE:
The City shall provide to affected employees a clothing/cleaning allowance of $1,200 per year.
Affected employees shall receive payment for their total clothing/cleaning allowance one time per year. This p ayment shall be in a check separate from the employee’s regular paycheck and shall be provided at the time o f distribution on the second payroll check in August of each year.
Upon appointme nt/promotion to a non -eligible posit ion classification or separati on from employment prior to the end of a fiscal year, the employee shall be responsible to reimburse to the City on a pro-rated basis such amount which he/she is no longer eligible to receive.
Source: Resolution Nos. 85-54, 96-86, 2003-01
The amount of reportable compensation for u niforms shall not exceed $7 70 per ye ar. Non- uniformed clothing will not be included with reportable compensation in accordance with PERS guidelines. At the employee’s option, the annual allowance may be used toward the purchase of new Police Department uniform in an amount to be determined individually be each employee.
Source: Resolution No. 2006-021
VACATION LEAVE:
Maximum accrual of vacation is 400 hours. Upon termination of employment, accrued vacation will be paid at the employee’s then exi sting hourly rate of pay. New employees with less than six (6) months of City servi ce ar e i neligible to receive Vacation Leave buy back. It is t he responsibility of employees to schedule v acation time off for rest and recuperation in o rder that earned vacation time in excess of 400 hours will not be removed from the records.
Months of Completed Service Annual Vacation Accrual
6 – 24 12 days p/year (10.0000 hours p/month)
25 – 48 15 days p/year (12.5000 hours p/month)
49 – 108 18 days p/year (15.0000 hours p/month)
109 – 120 19 days p/year (15.8333 hours p/month)
121+ 20 days p/year (16.6666 hours p/month)
Vacation le ave will b e taken at a time approved by the City Manag er (Chief of Police ) Department Director (Deputy Chief of Police and Captain) with due regard for the wishes of the employee and particular regard for the nee ds of the City. Unless othe rwise provide d by Department rules, employees must submit vacation requests to their supervisor at least seven (7) calendar days prior to the intended start of vacation. No person will be pe rmitted to wor k for compensation for the City during his/her vacation except w ith prior approval o f the Ci ty Manager or designated representative. In the event that one or more City holidays fall within an
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annual vacation leave, the holidays will not be c harged as vacation leave; however, extension of the vacation leave for the period of such holiday(s) is subject to approval of the City Manager.
Source: Resolution Nos. 85-54, 86-59, 2005-008
VACATION LEAVE BUY BACK:
At separation or retirement, 100% of accrued vacation leave, to a maximum of 400 hours, will be paid at the emplo yee’s existing base rate of pay. New employees with less than six (6) months of service are ineligible to receive vacation leave buy back. The percentages may be adjusted in accordance with the Retirement Health S avings Pl an elections and provisions for affected individuals, per IRS regulations.
Source: Resolution No. 86-59, 2005-008
VACATION LEAVE CONVERSION OPTION:
Chief of Police - May convert a maximum of 120 hours of vacation leave t o pay per fiscal year.
Employees may convert leave to pay in April and/or November of each year, calculated at the employee’s hourly base rate of pay at the time of conversion. Six (6) months prior to date of conversion, half* the number of accrued leave hours requested, excluding sick leave, must have been taken as time off.
Deputy Chief of P olice and Captain - Employees who have accumu lated a min imum of 120 vacation hours may convert a maximum of 80 hours of vacation leave t o pay per fiscal year.
Employees may convert leave to pay in April and/or November of each year , calculated at the employee’s hourly base rate of pay at the time of conversion. Six (6) months prior to date of conversion, half* the number of accrued leave hours requested, excluding sick leave, must have been taken as time off.
*This usage requirement is waived for “active” military personnel.
Source: Resolution Nos. 87-83, 89-195, 96-86, 98-40, 2006-021
VEHICLE ALLOWANCE:
Chief of Police – Employee is provided with a vehicle. The City pays all expenses related to the operation of the vehicle.
Source: Resolution Nos. 86-59, 87-83, 89-195, 91-102, 2005-008, 2013-046
WORKERS’ COMPENSATION:
Whenever any employee of the City is disabled whether temporarily or permanently by injury or illness arising out of, and in the c ourse of, his/her duties the employee will be compensated as follows: On the first, second, and third day of the injury employees will use accrued Sick Leave, Vacation Leave, Floating Holiday Le ave, and/ or C ompensatory Time off for full sa lary continuance. Thereafter, the employee will receive 100% salary plus full benefits continuation for a period of one (1) year.
Source: Labor Code section 4850; Resolution No. 85-54
WORKERS’ COMPENSATION PREMIUM PAYMENT:
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In the event of a work-related illness or injury, which results in a permanent disability settlement, the City will provide a 10% premium benefit payment provided the following occurs:
• That t he Workers’ Co mpensation App eals Board approves th e total settlement, including the 10% premium benefit.
• That neithe r a “Notice of Claim ” nor “Application for Adjudication of claim” will have been filed or served against the City of Chino.
• That the injured employee has diligently sought medical attention as prescribed by the treating physician(s) approved by the City.
• That the injured empl oyee and the City have employed th e guidance of the Sta te Department of Industria l Relations Office o f Informati on and A ssistance to r esolve any outstanding issues or misunderstandings.
Representation is a legal right recognized by statutory law. Nothing precludes an employee from retaining legal counsel or representation; however, the premium benefit offered is only available in cases handled without the involvement of legal counsel. This is done in recognition of t he cost savings that result in non-litigated cases that can be passed on to the ill or injured worker.
Source: Resolution No. 97-62
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EXHIBIT A
WAIVER AND RELEASE AGREEMENT
I, the undersigned, do hereby acknowledge and attest that I have read and understood the Severance section of the Summary of Benefits – Unrepresented Sworn Management with the City of Chino and hereby agree that by accepting a Severance Payment, I agree to waive all rights to further claims, remedies, or legal action against the City its officers and employees.
In exchange for receipt of the Severance Payment, I and m y representatives, heirs, successors, and assigns do hereby completely release and forever discharge the City of Chino and its related entities and their present and former officers, directors, council members, agents, employees, attorneys, and successors (collectively, “Released Parties”) from all claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character, known or unknown, mature or unmatured, which I may have now or in the future arising from any act or omission or condition occurring on or prior to the date this waiver is signed whether based on tort, contract (express or implied), or any federal, state, or local law, statute, or regulation (coll ectively, the “Released Claims”). Released Claims shall also include, but not be limited to, claims for wages or other compensation due, severance pay, bonuses, sick leave, vacation pay, life or health insurance, or any other fringe benefit.
I knowingly a nd voluntarily waive any and all rights or benefits that I m ay now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOE S NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TI ME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
By initialing below, I acknowledge that I have read and understand this wai ver a nd voluntarily and knowingly am waiving my right under Section 1542 to pursue unknown or unanticipated claims, rights, demands, action, obligations, liabilities and cause of action of any kind.
_________________
Initials
I also agree not to file any claim, sue or initiate against any of the Released Parties any compliance review, action, or proceeding, or participate in the same, individually or as a member of a class, under any contract (express or implied), or any federal, state, or local law, statute, or regulation pertaining in any manner to the Released Claims.
Except as disclosure may occur to attorneys or accountants representing the parties or as otherwise may be required by law, or in response to any subpoena or public records act request fo r this Agreement, both parties agree to keep details of all negotiations in conjunction with this Agreement, including the facts and circumstances leading up to the City Council’s decision to terminate the employment relationship, strictly confidential and not disclose them to anyone, including without limitation, any person, organization, corporation, or other business entity for any purpose.
Approved and Agreed to By:
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Dated:
Employee
Dated:
City Manage
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