Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers .
Additionally, members of the public may submit electronic inquirie s 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 (909) 334 -3306, at least 48 hours prior to the advertised starting time of the meeting.
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this ag enda will be made available in the City Clerk’s Offic e 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 FEBRUARY 7, 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 City Council about the closed session items. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).
CLOSED SESSION
1. CONFERENCE WITH 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.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
Chino Basin Municipal Water District v. City of Chino, et al. (Case No. RCVRS 51010).
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Government Code Section 54956.9(d)(1):
CHINO CITY COUNCIL
FEBRUARY 7, 2023 2
City of Chino v. Jianyun Wang, et al. (San Bernardino County Superior Court Case No. CIVSB2108062).
4. LIABILITY CLAIMS.
Pursuant to Section 54956.95:
Claimant: Stubbie Barr
Agency claimed against: City of Chino
FLAG SALUTE
CEREMONIALS
Presentations
Business of the Month February 2023 - Malin's Pool & Patio Supply Mayor's Home Beautification Award February 2023
REPORT OUT OF CLOSED SESSION
AGENDA ADDITIONS/REVISIONS
INFORMATION
Economic Development Report January 2023
PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.
PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about sub jects 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 N o. 97- 08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).
CONSENT CALENDAR
At this time, members of the public may present testimon y 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. Items placed on the Consent Calendar have been budgeted, and in general, represent routi ne expenditures and/or actions that support ongoing City operations.
1. Warrants. Approve expenses as audited and within budget for warrants 763780 to 763945, Electronic Fund Transfers 516641E to 516723E, totaling $3,217,666.57.
2. Minutes. Special Meeting of December 13, 2022 (All Members Present).
CHINO CITY COUNCIL
FEBRUARY 7, 2023 3
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. Annual Adoption of City of Chino and Successor Agency Investment Policy . Adopt City Resolution No. 2023-008 and Successor Agency Resolution No. 2023-001 containing the City of Chino and Successor Agency Statement of Investment Policy.
5. Acceptance of Additional Public Improvements Constructed but Inadvertently Omitted from Prior Agenda for The Lewis Companies . City Council acceptance of additional public improvements constructed but inadvertently omitted from prior agenda for The Lewis Companies.
6. Officer Wellness and Mental Health Grant Funds Appropriation. Accept and approve the use of the grant funds in the amount of $77,931.18 for the identified expenditure areas of the Officer Wellness and Mental Health Grant.
7. Award of Contract - Police Department Evidence St orage Room Rolling Shelf Project (IB234) .
Award a construction contract in the amount of $83,400.64 to McMurray Stern, Inc. -Spacesaver Corporation, Santa Fe Springs, CA for the Police Department Ev idence Storage Room -Rolling Shelf Project (IB234).
8. Award of Contract - Central Plant Cooling Tower Replacement Project (IB238) . Award a contract in the amount of $50,022 to CE Mechanical, Inc., Chino, CA for the Central Plant Cooling Tower Replacement project (IB238).
M _____ S _____ RC _____
PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.
9. Annexation to the Landscape and Lighting District for the Chino Hills Animal Hospital Addition Project - 3415 Chino Avenue (PL18 -0106). Approve Resolution No. 2023 -007 ordering the annexation of PL18-0106 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 89) located at 3415 Chino Avenue.
Staff Report by: Jesus Plasencia, Assistant City Engineer.
RECOMMENDATION: 1) Conduct a public hearing; 2) approve Resolution No. 2023 -007 ordering the annexation of Landscape and Lig hting District No. 2002 -1 (Annexation/Zone No. 89); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
M _____ S _____ RC _____
NEW BUSINESS
10. Approval of an Agreement with Pollak, Vida, & Barer. Approve an agreement with Pollak, Vida, & Barer, Los Angeles, CA in the amount of $40,000 to appeal the denial of the 2022 Motion Challenging Watermaster's Budget Action to Fund CEQA reviews.
Staff Report by: Dave Crosley, Utilities Engineering & Operations Manager.
CHINO CITY COUNCIL
FEBRUARY 7, 2023 4
RECOMMENDATION: 1) Appropriate $40,000 from the unappropriated reserves of the Water Fund; 2) approve an agreement with Pollak, Vida, & Barer, Los Angeles, CA in an amount not to exceed $40,000; 3) authorize the City Manager to execute all documents on behalf of the City.
M _____ S _____ RC _____
11. Amendment to the City's Classification and Salary Schedule . Adopt Resolution No. 2023 -012, reclassifying the part-time Management Assistant posit ion to a full -time Management Assistant position and creating the position of Records Technician in the Administration Department.
Staff Report by: Debbie Pacheco, Senior Management Analyst.
RECOMMENDATION: 1) Adopt Resolution No. 2023 -012, reclassifying t he part -time Management Assistant position in the Administration Department to a full -time Management Assistant position and creating the position of Records Technician; 2) appropriate $48,852 from the reserves of the General F und for salaries; and 3) appr opriate $19,541 from the reserves of the Employee Services Fund for benefits.
M _____ S _____ RC _____
12. Amendment to the City's Classification and Salary Schedule . Adopt Resolution No. 2023 -011, amending the City's Cla ssification and Salary Schedu le to provide for the reinstatement of Deputy Director positions in each City Department.
Staff Report by: Debbie Pacheco, Senior Management Analyst.
RECOMMENDATION: Adopt Resolution No. 2023 -011, amending the City's Classifica tion and Salary Schedule to p rovide for the reinstatement of Deputy Director positions in each City Department.
M _____ S _____ RC _____
13. Introduction of Ordinance No. 2023 -002. Approve the introduction of Ordinance No. 2023 -002, an Ordinance of t he City of Chino Amending Cha pter 2.24.070 of the Chino Municipal Code - Personnel System.
ORDINANCE NO. 2023-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO
AMENDING CHAPTER 2.24 OF THE CHINO MUNICIPAL CODE--
PERSONNEL SYSTEM
Staff Report by: Debbie Pacheco, Senior Management Analyst.
RECOMMENDATION: Approve the introduction of Ordinance No. 2023 -002, an Ordinance of the City of Chino Amending Chapter 2.24.070 of the Chino Municipal Code - Personnel System - Exempt Services.
M _____ S _____ RC _____
14. Adopt Resolution No. 2023-009. Adopt Resolution No. 2023-009, supporting legislation to begin the process to acquire the Heman G. Stark Youth Correctional Facility Staff Report by: Jack Morgan, Assistant to the City Manager.
RECOMMENDATION: Adopt Resolution No. 2023 -009, supporting legislation to begin the negotiating process to acquire the former Heman G. Stark Youth Correctional Facility.
CHINO CITY COUNCIL
FEBRUARY 7, 2023 5
M _____ S _____ RC _____
MAYOR AND COUNCIL REPORTS
This is the time and place for the M ayor 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
15. Approval of Letters and a Proclamation . Approval of letters to the San Bernardino County Superior Court and the City's state legislators as well as a City Council Proclamation to the Riverside County Board of Supervisors.
Staff Report by: Eunice M. Ulloa, Mayor.
RECOMMENDATION: Approval of letters to the San Bernardino County Superior Court requesting the resignation of San Bernardino County Superior Court Judge, Cara Hutson, a letter to our state legislators, and approve a City Council Proclamation to the Riverside County Board of Supervisors.
M _____ S _____ RC _____
Mayor Pro Tem Comstock
16. Community Support Contribution . Approve community support fund contribution to the Ch ino High School Wrestling Program (Chino High School Sports Boosters).
Staff Report by: Mayor Pro Tem Comstock.
RECOMMENDATION: Approve community support fund contribution to the Chino High School Wrestling Program (Chino High School Sports Boosters) ($250).
M _____ S _____ RC _____
Council Member Burton
17. Community Support Contribution. Approve community support fund contributions to: The Chino Police Officers Foundation, Chino Kiwanis Club, Chino American Little League, and Chino National Little League.
Staff Report by: Council Member Burton.
RECOMMENDATION: Approve community support fund contributions to: Chino Police Officers Foundation for the Run for Russ 5K/Walk ($250 ), the Chino Kiwanis Club for the Cornfeed Run Car Show and Cruise ($250), Chino American Little League ($500), and Chino National Little League ($500).
M _____ S _____ RC _____
Council Member Flores
18. Community Support Contribution. Approve community support fund contributions to: Cub Scout Pack 205, Chino National Little League, Chino American Little League, and Chino Girls Fast - pitch.
CHINO CITY COUNCIL
FEBRUARY 7, 2023 6
Staff Report by: Council Member Flores.
RECOMMENDATION: Approve community support fund contributions to: Cub Scou t Pack 205 ($500), Chino National Little League ($500), Chino American Little League ($500), and Chino Girls Fast-pitch ($500).
M _____ S _____ RC _____
Council Member Lucio
19. Community Support Contribution. Approve community support fund contributions to: The Chino High School Wrestling Program, Chino Boxing Club, Chino National Little League, Chino Neighborhood House, and UCHOOZ Positive Youth.
Staff Report by: Council Member Lucio.
RECOMMENDATION: Approve community support fund contributions to: Chino High School Wrestling Program ($1,000), Chino Boxing Club ($1,000), Chino National Little League ($500), Chino Neighborhood House ($500), and UCHOOZ Positive Youth ($500).
M _____ S _____ RC _____
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday , February 21, 2023 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Wednesday, February 1, 2023 this agenda was posted on the south window of Ch ino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
DECEMBER 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, JANUARY 2023
1 Unemployment Rate November 2022 3.6%
New Business Licenses December 2022 43
Retail Vacancy December 2022 9%
Industrial Vacancy Q3, 2022 .2%
Office Vacancy December 2022 3.4%
Sales Tax Revenue* Q3 2022 7.2%
*HDL Report Attached
UNEMPLOYMENT STATISTICS
EDD Unemployment Update – Updated Monthly
Unemployment rates in Chino have increased this month from 3.5% to 3.6% from October 2022 to November 2022. *EDD, www.labormarketinfo.edd.ca.gov
BUSINESS LICENSES
City Oct Nov
Chino Hills 2.5% 2.7%
Eastvale 2.7% 3.0%
Rancho 2.8% 3.0%
Montclair 3.1% 3.3%
Upland 3.2% 3.4%
Chino 3.5% 3.6%
Ontario 3.4% 3.7%
US 3.7% 3.7%
Fontana 3.6% 3.9%
SBCO 3.9% 4.1%
California 4.0% 4.1%
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
12.0%
14.0%
16.0%
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Unemployment 2013 - November 2022
Unemployment rates in Chino have
increased slightly from 3.5% to 3.6% from
October 2022 to November 2022. *EDD,
www.labormarketinfo.edd.ca.gov
Mission Statement
“Together we take pride in
providing quality, caring service to
our community.”
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DECEMBER 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, JANUARY 2023
2 Business License Information – Updated Monthly
Between December 1 and December 31, 2022, the City processed 43 new business licenses. 7 of those businesses are in the City while 28 were located outside the City but providing services to City businesses and residents. * Munis Business License Report
NEW BUSINESSES IN THE CITY THIS MONTH
Business Address Product/Service
Ayamaya Inc. 4552 Danito Court Public Warehousing/Storage Grow Pros Solutions 4833 Lanier Road Wholesale Electrical Goods Luca Pi Restaurant Inc. 5420 Philadelphia St. C Eating/Drinking Place Omnia Italian Design LLC 4900 Edison Ave Public Warehousing/Storage Pacific Energy Network 5781 Schaefer Ave General Contractor Residential Platinum Glass Corporation 13905 Ramona Ave E Specialty Trade Contractor Verdugo Transportation Security 3873 Schaefer Ave H Management/PR Services
0 10
20 30
40 50
60 70
80 90
Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 New Business Licenses
0 5
10 15
20 25
30 35
40 45
Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Chino Business Licenses
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DECEMBER 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, JANUARY 2023
3 RETAIL VACANCY RATES
Retail Vacancy and Rental Rates – Updated Monthly
The City of Chino is a highly desirable location. The vacancy rate for December 2022 is 9%, which is lower than the previous month. The City has 8,600 square feet of new projects currently under construction. *Progressive Real Estate Partners (PREP)/CoStar
INDUSTRIAL VACANCY
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
12.0%
Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Retail Vacancy Last 12 Months
Industrial Rates – Updated Quarterly, Includes all sites over 10,000 Square Feet
The industrial sector continues to flourish in Chino. The City has 1,117,239 square feet of industrial space under construction. Chino continues to have one of the
lowest vacancy rates in the region at 0.2%. Vacancy
rates for Q3 2022 increased slightly in Chino since the prior quarter. Of the cities noted, Chino garners a per square foot rate at $1.66. *Colliers Market Research
City Dollar
Rate
Vacancy
Percent
Chino $1.66 0.20%
Ontario $1.56 0.40%
Fontana $1.74 0.50%
Rancho $1.61 0.50%
Inland Empire $1.56 0.70%
Eastvale $1.69 0.80%
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DECEMBER 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, JANUARY 2023
4 OFFICE VACANCY
Office Vacancy and Rental Rates – Updated Monthly
The vacancy rate of 3.4% is slightly lower this month for the Chino Valley office market, which accounts for 6% of the Inland Empire. However, the market garners a hefty $2.37 per square foot, and consists of a total of 1.7 M square feet of office and corporate headquarters space.
There are 25 thousand square feet in office buildings under construction. *CoStar
RESIDENTIAL CONSTRUCTION
Residential Construction Updates – Updated Monthly
Residential housing continues to move forward with 173 single family residences currently under construction, 296 multi-family units under construction, and 341 units approved for construction. *Development Services Department
Accessory Dwelling Units (ADU) – Updated Monthly
For the end of 2022, the City has had permits pulled for 31 ADU’s thus far for fiscal 2022/2023. *Development Services Department
CITY UPDATES
$1.66 $1.56
$1.74
$1.61 $1.56
$1.69
0.20%
0.40%
0.50% 0.50%
0.70%
0.80%
0.00%
0.20%
0.40%
0.60%
0.80%
1.00%
$0.30
$0.50
$0.70
$0.90
$1.10
$1.30
$1.50
$1.70
$1.90
Chino Ontario Fontana Rancho Inland Empire Eastvale
Industrial Rate and Vacancy as of Q3 2022
Dollar
Rate
Vacancy
Percent
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Office Vacancy Last 12 Months
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DECEMBER 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, JANUARY 2023
5 For more information on the following, visit our City website:
• Capital Improvement Projects www.cityofchino.org/cip. • Road closures www.cityofchino.org/roadclosures.
• City Events www.cityofchino.org/events.
• City meetings can be found at www.cityofchino.org/calendar.
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Economic Development Report January 2023
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www.hdlcompanies.com | 888.861.0220
Q3 2021*
Q3 2022*
Legend
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
SALES TAX BY MAJOR BUSINESS GROUP*Allocation aberrations have been adjusted to reflect sales activity Business
and
Industry
County
and State
Pools
General
Consumer
Goods
Building
and
Construction
Restaurants
and
Hotels
Fuel and
Service
Stations
Autos
and
Transportation
Food
and
Drugs
TOP 25 PRODUCERSCITY OF CHINO HIGHLIGHTS
Published by HdL Companies in Winter 2023
SALES TAX UPDATE
CITY OF CHINO
3Q 2022 (JULY - SEPTEMBER)
7 Eleven
ARGOS Material
Distribution
Arrow Wire & Cable
Best Buy
Bykowski Equipment
Chevron
Chino Hills Ford
Circle K
Corona Millworks
Creative Bus/RV sales &
repairs
Fischer Scientific
GDM
Home Depot
Main Electric Supply
McKesson Medical
Surgical
Metrie El & El
MK Smith Chevrolet
Redbuilt
Ross
Sam’s Club
Sika Chemical
Corporation
Stater Bros
Target
TJ Maxx
Walmart Supercenter
Chino’s cash receipts from July through
September were 14.4% above the third
sales period in 2021, but this was inflated
by an additional payment received from
a business-industrial firm that had been
owed from a previous quarter. Excluding
this and other reporting aberrations,
actual sales were up 7.2%.
The largest factor in this improvement
was a surge in receipts from building
and construction suppliers, though a
substantial portion of this increase was
the result of a misallocation. Regardless,
revenue in this category was higher than
last year despite the error, lifted by strong
regional demand for new hotels, parking
garages and office spaces.
Local restaurants continued their
rebound from the pandemic. Auto and
transportation outlets were also strong,
outperforming the statewide trend. Tax
revenue from service stations increased
as the price of gasoline remained at an
extremely high level through the end of
the reporting period.
Allocations from the countywide use tax
pool also surged 19.9%. This funding is
allocated among local jurisdictions based
on proportional cash receipts, which were
higher in Chino this quarter due to the
double-payment and the misallocation
previously discussed.
Conversely, the business-industrial sector,
the City’s largest major industry group,
dipped by 3%.
Net of aberrations, taxable sales for all
of San Bernardino County grew 8.2%
over the comparable time period; the
Southern California region was up 8.1%.
TOTAL: $ 8,922,334
7.2% 8.2% 8.0%
COUNTY STATE
CHINO
3Q2022
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TOP NON-CONFIDENTIAL BUSINESS TYPES
Q3 '22*
Chino
Business Type Change Change Change
County HdL State
1.7%-4.7%-7.8% 2,159.2 Medical/Biotech
10.6%5.9%3.2% 619.2 Discount Dept Stores
15.5%22.1%12.8% 526.4 Contractors
18.5%18.2%7.6% 468.8 Service Stations
2.8%-0.4%5.0% 328.9 Building Materials
4.0%-1.1%5.0% 264.7 Quick-Service Restaurants
10.1%28.3%23.7% 257.8 Light Industrial/Printers
10.1%5.3%9.8% 235.0 Casual Dining
-1.7%-9.5%-12.0% 177.0 Family Apparel
3.6%-0.3%-0.6% 125.2 Electronics/Appliance Stores
*Allocation aberrations have been adjusted to reflect sales activity *In thousands of dollars
REVENUE BY BUSINESS GROUP
Chino This Quarter*
15%
Cons.Goods
2%
Food/Drug
5%
Fuel
15%
Pools
6%
Restaurants
5%
Autos/Trans.
13%
Building
38%
Bus./Ind.
*ADJUSTED FOR
ECONOMIC DATA
SALES TAX UPDATECITY OF CHINO3Q 2022
STATEWIDE RESULTS
Local one cent sales and use tax for sales
occurring July through September was 8%
higher than the same quarter one year ago
after adjusting for accounting anomalies
and back payments from previous quarters.
These returns mark another strong period of
growth for the California spending economy.
Even as the Federal Reserve Board continued
ramping up interest rates in an effort to curb
the larger concern of inflation, consumers
maintained purchases on multiple fronts,
especially automobiles. Surprisingly, new
car dealers experienced 10% gains over
the comparable period in 2021. Limited
inventory and demand for higher mileage
vehicles including electric and hybrid
models helped support growth. In addition,
the increased cost of used vehicles has
pushed many into the new vehicle market;
in contrast, sales of recreation vehicles and
auto leasing activity remained soft.
For Californians, the summer of 2022
had the highest gas prices on record;
subsequently fuel and service stations
receipts jumped 21%. Commuters and
summer travel remained steady, yet overall
consumption still trails pre-pandemic levels
by approximately 13%. Although the Russia-
Ukraine conflict initially caused a dramatic
shift in global crude oil markets, prices have
begun to pull back closer to historical norms.
Restaurants experienced a strong uptick as
increased menu prices, consistent desire
to dine out and strong tourism contributed
to this favorable news. Just as important,
theme parks, leisure-entertainment venues
and hotels pushed positive momentum
back to 2019 levels. With tightening profit
margins and sustained labor concerns, future
improvement could be slowed compared to
the last two years.
Busy contractors and plumbing-electrical
suppliers boosted the building-construction
sector. Solid residential and commercial
housing prices persisted despite recent
interest rate hikes. Tenant improvements
further support spending activity as
businesses assess future office needs. With
statewide new housing requirements and
federal infrastructure funding on the horizon,
current forecasts stay optimistic.
Steady investment in capital equipment
coupled with the overall increased price of
goods enhanced both business-industry and
countywide use tax pool allocations.
For the second straight quarter, fuel sales
linked to discount department stores
propped up general consumer goods
results. Otherwise, retailers experienced
flat to decreased receipts as many apparel
categories, home furnishings and sporting
goods struggled to keep pace with the
prior year. As consumers balanced summer
opportunities and higher prices, in-store
shopping appears to have taken a temporary
back seat.
Sustained price increases and interest rate
hikes certainly have consumers contemplating
where to spend their dollars. However,
historically low statewide unemployment
rates and the recovery of the national stock
markets from declines earlier this year leave
modest optimism heading into 2023.
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.
RECOMMENDATION
Approve expenses as audited and within budget for warrants 763780 to 763945, Electronic Fund Transfers 516641E to 516723E, totaling $3,217,666.57.
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
11.1 CONSENT CALENDAR
Packet Pg. 14
COUNCIL MEETING DATE: FEBRUARY 7, 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. 763780 – 763849 1/5/23 22-23 $257,084.89
2. 763850 – 763945 1/12/23 22-23 $1,007,302.15
3. 516641E – 516670E 1/6/23 22-23 $150,219.32
4. 516671E – 516723E 1/13/23 22-23 $1,803,060.21
E: Electronic Fund Transfers
TOTAL $3,217,666.57
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
11.1 CONSENT CALENDAR
Packet Pg. 15
Council Meeting 2/7/23
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
763849 01/05/2023 WEST COAST ARBORISTS, INC. TREE TRIMMING SERVICES $75,619.25 516658 01/06/2023 MERCHANTS LANDSCAPE SERVICES LANDSCAPE MAINTENANCE $66,970.02 763863 01/12/2023 BONADIMAN WATER, INC. STORM DRAIN REHAB PROJECT $185,606.25 763878 EBS GENERAL ENGINEERING, INC. CHINO AVE & NORTON AVE $102,569.46 763889 GENERAL PUMP COMPANY, INC. WELL 17 REHABILITATION $70,133.75 763893 HAZEN AND SAWYER DESIGN OF STATE ST. H20 $119,236.01 763910 NORFORK, INC. AYALA PARK RECYCLED WATER – WA225 $93,253.24 763932 SO CAL EDISON CO SERVICE PERIOD 11/19-12/31 $115,301.93 763933 STATE WATER RESOURCES CONTROL BOARD WATER SYSTEM ANNUAL FEES $78,817.45 516677 01/13/2023 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES-JANUARY $1,142,262.00 516714 TRANSTECH ENGINEERS, INC. ON CALL CONSTRUCTION SERVICES $50,078.75 516717 WATER FACILITIES AUTHORITY IMPORTED WATER $297,675.42 516723 YUNEX LLC TRAFFIC SIGNAL MAINTENANCE $56,343.57
13 TOTAL $2,453,867.10
11.1.a
Warrants
Packet Pg. 16
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SPECIAL MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY DECEMBER 13, 2022
OPEN SESSION – 7:00 PM
MINUTES
CALL TO ORDER
The December 13, 2022, Special 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.
ABSENT: Council Member Walt Pocock.
FLAG SALUTE
Council Member Comstock led the assembly in reciting the Pledge of Allegiance.
NOVEMBER 8, 2022 ELECTION RESULTS AND OATH OF OFFICE
1. November 8, 2022 Gen eral Municipal Election. Results of the City of Chino General Municipal Election which , was Consolidated with the Statewide General Election held on November 8, 2022.
City Clerk Angela Robles provided a report.
Moved by Council Member Flores, seconded by Council Member Comstock, and carried on a 4-0-1 vote to Adopt Resolution No. 2022 -089 reciting the facts of the City of Chino General Municipal Election held on November 8, 2022, declaring the results and such other matters as provided by law.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES.
NOES: NONE.
ABSENT: POCOCK.
2. Oath of Office . Administration of Oath of Office to Marc A. Lucio (District 3) and Curtis Burton (District 2).
Mayor Ulloa invited Sandra Lucio, wife of Mar c Lucio, to conduct the ceremonial swearing-in ceremony for Mayor Pro Tem Lucio. Mayor Pro Tem Lucio introduced his family and thanked the community, his wife, and mother.
11.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
DECEMBER 13, 2022 2
Mayor Ulloa invited Bryce Burton, son of Curtis Burton , to conduct the ceremonial swearing -in ceremony for Council Member Burton. Council Me mber Bu rton introduced his family and thanked God, his wife, the Hargrove Family, Walt Pocock, and District 2 voters.
ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Member Curtis Burton, Council Member Karen C. Comstock, Counci l Member Christopher Flores.
ABSENT: None.
CITY COUNCIL REORGANIZATION
Mayor Pro Tem Appointment.
Mayor Pro Tem Lucio nominated Counci l Member Karen C. Comstock for the position of Mayor Pro Tem. The nomination was seconded by Council Member Flores.
Moved by Mayor Pro Tem Lucio , seconded by Council Member Flores, and carried on a 5- 0 vote to appoint Karen C. Comstock as Mayor Pro Tem.
AYES: ULLOA, LUCIO, BURTON, COMSTOCK, FLORES.
NOES: NONE.
ABSENT: NONE.
Mayor Pro Tem Comstock expressed gratitude for the appointment to Mayor Pro Tem.
Public Financing Authority – Chair.
Mayor Pro Tem Comstock nominated Council Member Christopher Flores for the position of Chair of the Public F inancing Authority . The nomination was se conded by Council Member Lucio.
Moved by Mayor Pro Tem Comstock, seconded by Council Member Lucio, and carried on a 5-0 vote to appoint Council Member Christopher Flores as Chair of the Public Financing Authority.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
Council Member Flores expressed gratitude for the appointment to Chair of the Public Financing Authority.
Public Financing Authority – Vice Chair.
Council Member Burton nominated Council Member Lucio for the appointment to Vice Chair of the Public Financing Authority. The nomination was seconded by Mayor Pro Tem Comstock.
Moved by Council Member Burton, seconded by Mayor Pro Tem Comstock , and carried on a 5-0 vote t o appoint Council Member Marc Lucio as Vice Chair of the Pu blic Financing Authority.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
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CHINO CITY COUNCIL
DECEMBER 13, 2022 3
NOES: NONE.
ABSENT: NONE.
Council Member Lucio expressed gratitude for the appointment to Vice Chair of the Publi c Financing Authority.
INFORMATION
Mayor Ulloa announced that the December 2022 Economic Development Report was included in the agenda packet.
CEREMONIALS
Mayor Ulloa invited up L ynda Flathers and Ro bert Martinez of the Chino Valley H istorical Society who presented a $95,000 donation from Chino Valley Historical Society to City of Chino in support of the Old Schoolhouse Museum Barn Project.
PUBLIC COMMUNICATIONS
George Sasso of Calvary Chapel Chino Hills provided the invocation.
Steve Elie of Inland Empire Utilities Agency spoke regarding the importance of working together to ensure the area has adequate water supply and invited everyone to visit Regional Plant 5.
Fateh Qurashi of the Ahmadi yya Muslim Community offered support from the Ahmadiyya Movement and invited everyone to an upcoming event on December 23. Mr. Qurashi’s son also shared a story and peaceful message with the Council.
CONSENT CALENDAR
1. Planning Commission Vacancy . Receive and file the r esignation notice of Planning Commissioner Curtis Burton and approve procedure and tentative schedule to fill the vacancy.
2. Resolution No 202 2-088 Amending Portions of the Classification and Salary Schedule - Part- Time Positions . Adopt Resolution No. 2 022-088 amending the hourly rate for the Cable TV Associate, Co mmunity Ser vices Leader, Equi pment Mechanic Aide, Maintenan ce Worker Trainee, Pol ice Cadet and Student In tern Part -Time positions to ensure compliance with California minimum wage laws.
3. Professional Services Agreement - IDC Consulting Engineers, Inc. Approve an Amendment to Professional Services Agreement No. 2021-118 with IDC Con sulting Engineers, Inc., Anaheim, CA in the amoun t of $35,000 for the Central Avenue at SR -60 project (R7200) Ch ino Police Department Screen Wall.
Moved by Council Member Lucio, seconded by Mayor Pro Tem Comstock, and carried on a 5-0 vote to approve Consent Calendar Items 1-3.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
11.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
DECEMBER 13, 2022 4
NEW BUSINESS
4. Purchase o f Real Property at 13179 and 13191 9th Street . Approve Purchase and Sale Agreement with the McCombs Family Trust to acquire properties at 13179 and 1319 1 9th Street.
City Attorney Fred Galante provided a re port. He noted on December 12, 2022, the Planning Commission approved the purchase as being in conformance with the general plan with a 6-0 vote.
Council Member Flores expressed his appreciation for the acquisition.
Moved by Council Member Flores, seconded by Council Member Lucio, and carried on a 5-0 vote to 1) adopt Resolution No. 202 2-090 authorizing t he Purchase and Sale Agreement of Real Property subject to the City Attorn ey's approval as to form to a cquire the properties at 13179 and 13191 9th Street, Chino, CA, from owner McCombs Family Trust, Established March 9,1990; 2) appropri ate $1,629,500 from the unappropriated reserves of the Water Fund 520 and establish a project tracking number; 3) approve the purchase price of $1,625,000 and fees associated of $4,500, for a not-to-exceed total cost of $1,629,500; and 4) authorize the Cit y Manager to execut e all documents on behalf of the City.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
5. Award of Contract and Additional Appr opriation - Old Schoolhouse Museum Barn & S ite Improvements Project (PF201). Award a construction contract in the amount of $1,469,963 to Micon Construction, Inc., Placentia, CA for the Old Schoolhouse Mus eum Barn and Site Improvements Project (PF201).
Parks and Capital Projects Manager Carolyn Baltzer provided a report.
Mayor Pro Tem Comstock expressed her appreciation for the project.
Moved by Mayor Pro Tem Comstoc k, seconded by Council Member Burton, and carried on a 5-0 vote to 1) approve the rejection of the non-responsive bids received from iBuild Spectrum and PUB Construction; 2) award a construc tion contract in the amount of $1,469,963 to Mico n Construction, Inc., Placentia, CA fo r the Old Schoolho use Museum Barn and Site Improvements Project (PF201); 3) authorize expenditures of up to $220,495 for project construction contingenci es, for a not to exceed potential co ntract cost of $1,690,458; 4) appropriate $980,159 to the Building Management Fund wi th a year -end transfer from the General Fund reserves; and 5) authorize the City Manager to execute all documents on behalf of the City.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
6. Purchase Order Approval - Chino Ra ncho Park Development Project - Pre-Manufactured Restroom Building. Approve a purchase order in the amount of $303,246 to Public Restroom Company, Minden, NV for the purchase of a pr e-manufactured restroom building for the Chino Rancho Park Development Project.
11.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
DECEMBER 13, 2022 5
Parks and Capital Projects Manager Carolyn Baltzer provided a report.
Council Member Burton inquired if the City has used these types of pre-manufactured restrooms in the past and Ms. Baltzer confirmed that City has and experienced no issues to date.
Moved by Council Member Lucio, seconded by Mayor Pro Tem Comstock, and carried on a 5-0 vote to 1) approve a purchase order in the amount of $ 303,246 to Public Restroom Company, Minden, NV for the purchase of a pre -manufactured restroom building for the Chino Rancho Park Development project G8201; and 2) authorize the Ci ty Manager to execute all necessary documents on behalf of the City.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
7. Council Com mittee Assignments. Discuss and approve Council Committee Ass ignments for 2023-2024 to the various boards, committees, and commissions.
Mayor Ulloa provided a report on the recommended Committee assignments for calendar years 2023-2024.
Moved by Council Member Lucio, seconded by Mayor Pro Tem Comstock, and carried on a 5-0 vote to discuss and approve Council Co mmittee Assignments for 2023 -2024 to the various boards, committees, and commissions.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa reported on a successful Christmas Parade and thanked staff for their work . She also wished everyone a Merry Chri stmas and Happy New Year and congratulated Council Member Burton and Council Member Lucio on their successful elections.
Mayor Pro T em Comstock thanked staff and community for the Christmas Parade and congratulated Council Member Burton for his election and Council Member Lucio for his re-election.
She also wished everyone a Merry Christmas and Happy New Year.
Council Member Flor es congratulated UChooze on their su ccessful Christmas toy give away and mentioned the upcoming toy giveaway events at Chino Neighborhood House and Isaiah’s Rock. He also wished everyone a Merry Christmas and Happy New Year and congratulated Council Member Lucio and Council Member Burton.
Council Member Lucio discussed his re-election and excitement to serve the next 4 years in a faith- based City that values Public Safet y. He also wished everyone a Merry Christmas Happy New Year.
Council Memb er Burton noted he wa s honored to ride in the Christmas Parade and e xpressed thanks to Community Services staff for the ir incredible work on the parade. He thanked Di strict 2 voters, thanked his family, and wished everyone a Merry Christmas and Happy New Year.
11.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
DECEMBER 13, 2022 6
City Manager's Reich congratulated Council Member Lucio and Council Member Burton. She noted the Community Services Department starts the Christmas Parade preparations 6 months prior and noted the contributions of Public Works and the Police Departmen t to the ensure a suc cessful event.
Council Member Curtis Burton thanked Angela Robles for her phenomenal work.
In response to Council Member Burton ’s comment , Mayor Ulloa announced City Clerk Angela Robles is l eaving the City of Chino to work for the Ch ino Valley Fire District. The Mayor is happy Ms. Robles will be going to one of our member agencies, however, is very sad to lose her.
Mayor Pro Tem Comstock, Council Member Flores, and Council Member Lucio also expressed their appreciation for City Clerk Angela Robles’ service and wished her the best in her new role.
City Attorney's Repor t congratulated Council Member Lucio and Council Member Burton and wished everyone a Merry Christmas and Happy New Year.
Police Chief Simmons congra tulated Council Member Lucio and Council M ember Burton and announced the recent b ank robbery suspect who was identified and taken in custody . Chief Simmons invited everyone to the annual Red Cross Blood Drive on December 20 and thanked the Police Association for bringing Santa around town.
John De Monaco, Board Member from Chino Valley F ire District, congratulated Council Member Lucio and Council Member Burton. He noted the Fire District will also be swearing in thei r re - elected and new board members tomorrow night. He wished everyone a safe Merry Christmas and Happy New Year.
ADJOURN
The meeting adjourned at 8:03 p.m. The next Regular Meeting of the City Council will be held on Tuesday, January 3, 2023 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 7th DAY OF FEBRUARY 2023.
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
11.2 CONSENT CALENDAR
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Revenue: Expenditure: 1002000-43320
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 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
11.3 CONSENT CALENDAR
Packet Pg. 23
COUNCIL MEETING DATE: FEBRUARY 7, 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
11.3 CONSENT CALENDAR
Packet Pg. 24
ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,
TRAINING, AND MEETINGS
FEBRUARY 7, 2023 EXHIBIT A
Event Date Meeting Purpose and
Subject Matter
Location
City Official Attendees
January 27, 2023 Southern California
Water Coalition
(SCWC) Quarterly
Luncheon
Pomona, CA Mayor Ulloa
February 1-3, 2023 League of California
Cities New Mayor and
Council Member
Seminar
Universal
City, CA
Mayor Ulloa
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores
Council Member Lucio
Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and
Subject Matter
Location
City Officials that may
attend
None.
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Elected Officials' Report Regarding Travel, Training, and Packet Pg. 25
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: ANNUAL ADOPTION OF CITY OF CHINO AND SUCCESSOR AGENCY INVESTMENT POLICY.
RECOMMENDATION
Adopt City Resolution No. 2023-008 and Successor Agency Resolution No. 2023-001 containing the City of Chino and Successor Agency Statement of Investment Policy.
FISCAL IMPACT
No fiscal impact to the City.
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:
• Financial Stability
11.4 CONSENT CALENDAR
Packet Pg. 26
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: ANNUAL ADOPTION OF CITY OF CHINO AND SUCCESSOR AGENCY
INVESTMENT POLICY
PAGE 2
BACKGROUND
Per the City/Successor Agency Investment Policy, the City of Chino/Successor Agency is required to annually adopt a Statement of Investment Policy. The Statement of Investment Policy is designed to prov ide guidelines for the prudent investment of the temporarily idle cash of the City of Chino and the Successor Agency and outlines the policies for maximizing the efficiency of the City’s cash management system.
ISSUES/ANALYSIS
Staff reviewed the current Statement of Investment Policy and is recommending no substantive changes to the policy be made at this time. Staff recommends the City Council/Successor Agency to the Chino Redevelopment Agency adopt City Resolution No. 2023-008 and Successor Agency Resol ution No. 2023-001, adopting the Statement of Investment Policy.
Attachments: City Resolution No. 2023-008
Successor Agency Resolution No. 2023-001
Statement of Investment Policy
RB:hm
11.4 CONSENT CALENDAR
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1 CITY OF CHINO
STATEMENT OF INVESTMENT POLICY
ADOPTED FEBRUARY 7, 2023
1.0 POLICY:
This statement is intended to provide guidelines for the prudent investment of the temporarily idle cash of the City of Chino (City) and outline the policies for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City, while protecting the investment corpus of pooled cash in accordance with applicable local, state, and federal laws.
2.0 SCOPE:
This investment policy applies to all financial assets and investment activities of the City, except for proceeds of debt issuance . Debt proceeds shall be invested in accordance with the “Permitted Investments” and/or investment provisions for each specific bond indenture and/or bond document.
The Policy applies to the following funds and is accounted for in the City’s annual audited financial statements.
A. General Fund
B. Special Revenue Funds
C. Debt Service Funds
D. Capital Improvement Funds
E. Enterprise Funds
F. Internal Service Funds
G. Successor Agency Funds
H. Any joint powers authority funds.
3.0 STANDARDS OF PRUDENCE:
The City Treasurer or Deputy City Treasurer authorized to make investment decisions on behalf of the City of Chino investing public funds pursuant to this policy are trustees and therefore fiduciaries subject to the prudent investor standard.
When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, the City Treasurer or Deputy City Treasurer shall act with care, skill, prudence, and diligence under the circumstances then prevailing, that a
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2 prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, the City Treasurer or a Deputy City Treasurer is authorized to acquire investments as authorized by law.
4.0 INVESTMENT OBJECTIVES:
When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, the primary objective of the City Treasurer or Deputy City Treasurer shall be to safeguard the principal of the funds under its control. The secondary objec tive shall be to meet the liquidity needs of the City. The third objective shall be to achieve a market average rate of return consistent with the primary objectives of safety and liquidity, throughout budgetary and economic cycles. At no time should safety or liquidity be compromised in exchange for higher yields.
1. Safety: The preservation of invested capital (principal) is of primary importance.
The City Treasurer or a Deputy City Treasurer shall only invest in investments that are considered safe. The safety and risk associated with an investment refers to the potential loss of principal, accrued interest, or a combination of these amounts. Each investment decision shall seek to ensure that capital losses are avoided.
2. Liquidity: The City's investment portfolio shall contain investments with a diversified mix of maturities in order to provide sufficient liquidity to meet projected operating cash requirements of the City.
3. Return on Investments: The City's investment portfolio shall be designed with the objective of obtaining a reasonable and competitive market rate of return taking into consideration risk constraints, prudent investment principles, and the cash flow characteristics of the portfolio.
5.0 AUTHORITY:
The authority to invest City funds is vested in the City Treasurer and any duly appointed deputy in accordance with Resolution No. 1288 of the City Council of the City of Chino. All investment decisions and investment of funds shall be made in full compliance with this policy, the California Government Code Sections 53600 et. seq.,
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3 and all other relevant state and federal requirements as well as any amendments or additions to such requirements.
Management responsibility for the inve stment of City funds is vested in the City Treasurer who shall prepare written procedures for the operation of the investment program and safekeeping of investment instruments consistent with this investment policy. The written procedures may provide for the delegation of authority to a Deputy City Treasurer who, upon assuming such office , shall become responsible for investment transactions. No person may engage in an investment decision except as permitted by this policy and by the procedure s promulgated by the City Treasurer.
Prior to implementing such procedures, the City Treasurer shall submit them to the City Council for approval.
The Investment Advisory Committee is hereby established and it is vested with the authority to oversee the implementation of this policy and to recommend amendments of this policy to the City Council. The Committee is composed of two City Council Members, the City Manager, the City Treasurer, the Deputy City Treasurer, and one alternate City Council Member who shall serve only in the absence of the regular City Council Members. The Committee shall meet once every quarter and at such other times as may be called by the City Treasurer or either City Council Member. The City Treasurer shall be the chair of the Committee. The Committee may recommend the employment of a qualified investment advisor whose employment shall be determined by the City Council. The investment advisor shall advise the City Treasurer, the Committee and the City Council.
6.0 ETHICS AND CONFLICTS OF INTEREST:
Elected officials and employees of the City involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial decisions under the Political Reform Act and Government Code Section 1090 st esq. Elected officials and employees shall disclose to the City Manager any material interests in financial institutions that conduct business with the City, and they shall further disclose any personal investment position or financial asset that could be related to the performance of the City’s investment program. Elected officials and employees shall subordinate their personal investment transactions to those of the City particularly with regard to the time of purchases and sales.
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4 Any firm proposing to provide any type of investment service to the City shall acknowledge their familiarity with the provisions of the Political Reform Act, Government Code Section 81000 et seq. and CA Code of Regulations 18110 et seq. and the provisions limiting contractual conflicts of interest under Government Code Section 1090 et seq. Any firm proposing to provide any type of investment service to the City shall also acknowledge their familiarity with and agree to abide by any Federal or State law, regulation, rule or policy pertaining to or limiting campaign contributions by such firms, their employees, spouses or agents.
All persons, firms, broker/dealers, financial institutions an d advisors providing investment services or bond issue assistance shall disclose to the City Manager and the Treasurer all fee sharing, fee-splitting and commission arrangements with other entities or persons prior to the City agreeing to buy an investment or issue bonds.
7.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS:
The City Treasurer shall select all security dealers and depositories subject to City Council approval. The City shall conduct its investment transactions with several competing, reputable security broker/dealers. The selection process shall focus on financial viability, knowledge, experience, and ethics in the fixed-income securities industry. The City Treasurer will maintain a list and a written agreement with financial institutions authorized to provide investment services subject to City Council approval.
All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the City Treasurer with the following: audited financial statements, proof of National Association of Security Dealers certification, proof of state registration, completed broker/dealer questionnaire, and certification of having read the City's investment policy and depository contracts. The City Treasurer will conduct an annual review of the financial condition and registrations of qualified bidders.
8.0 AUTHORIZED AND SUITABLE INVESTMENTS:
Authorized and suitable investments shall mean and include any of the following securities to the extent the same are permitted by applicable federal and state code:
Direct Obligations of the United States of America, specifically U.S. Treasury bills and notes.
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5 Direct Obligations of the U.S. Government Agencies, guaranteed directly or indirectly by the United States government and/or directly or indirectly by any of the following: Banks for Cooperatives, Federal Intermediate Credit Banks, Federal Home Loan Bank System, Export -Import Bank of the United States, Federal Financing Banks, Federal Land Banks, Federal Farm Credit Bank, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Federal Housing Administration, Student Loan Marketing Association, and the Resolution Funding Corporation.
Certificates of Deposit which are federally insured or fully collateralized by permitted investments as defined herein; issued by institutions which are either a nationally or state chartered bank, or thrift, or savings and loan.
Guaranteed Investment Contracts that meet the requirements of City / Successor Agency/joint powers authority bond documents may be utilized for the investment of those specific bond proceeds.
Banker's Acceptances which are issued by banks with a rating of "A" or higher by Standard and Poor's or Moody's at the time of investment, and do not exceed 180 days maturity.
Repurchase Agreements with any federally insured state or national bank of primary government bond dealer on the Federal Reserve reporting dealer list. All repurchase agreements must be covered by a master repurchase agreement. The term of such repurchase agreement may not exceed two weeks. The repurchase agreement must be 102% collateralized by U.S. Treasury securities that are free and clear of any third- party lien or claim. The collateral must be delivered to the custodian or third party acting as agent for the City.
Investment Pools including 1) Local Agency Investment Fund (State Pool) managed by the State of California, 2) Los Angeles County Pool, managed by the County of Los Angeles, and 3) Investment Trust of California (CalTrust), managed by Metropolitan West through a partnership between the California State Association of Counties and the League of California Cities.
Government Securities Money Market Fund(s) which invest only in U.S.
Government Securities, and the net asset value is stabilized at one dollar. The fund
11.4.a
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6 shall have the highest ranking or the highest letter and numerical rating by not less than two of the three largest nationally recognized rating services.
Passbook Savings Account Demand Deposits in a nationally or state-chartered bank or federal savings and loan association in the State of California, fully insured by the Federal Deposit Insurance Corporation or the Federal Savings & Loan Insur ance Corporation.
Sweep Accounts in a banking institution at which the City currently does business may be utilized for the temporary placement of funds. Such placement of funds is intended to be for a temporary period, not to exceed seven days. It is acknowledged that the individual investment instruments which comprise said sweep accounts may or may not conform to the City’s Statement of Investment Policy.
Specifically excluded as investments are: reverse repurchase agreements; longer-term U.S. Treasury, Agency, and corporate bonds w ith maturities exceeding five years; mortgage-backed securities; leveraged investments; derivatives of any kind at any time; and other investments not permitted under applicable government codes.
9.0 DIVERSIFICATION OF INVESTMENTS:
It is the City's policy to minimize portfolio risk by diversifying maturity, sector, and class allocations. Default risk shall be minimized by investing in an assortment of permitted investments as mentioned above. To minimize overall portfolio risk, the following not-to-exceed diversification goals shall guide the City's operating fund portfolio, based upon the portfolio structure at the time of purchase. Percentage limitations stated below will be calculated and applied at the time of purchase of the investment instrument. Not-to-Exceed-Limits stated below apply to the par value of the investments not the market value. Such limits shall also be within any requirements of state law.
Investment Type Not-To-Exceed Limit Other Restrictions
U.S. Treasury
Obligations
Notes and Bills No limit None
11.4.a
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7 Direct Obligations of
U.S. Federal Agencies 50% Maximum of 40% of investment portfolio in any one agency.
Investment Type Not-To-Exceed Limit Other Restrictions
Certificates of
Deposit 20% The maximum amount with any
one institution may not exceed
$250,000, unless the institution
fully collateralizes the deposit
pursuant to Government Code
Section 53652 and related statutes,
in which case the maximum
amount with any one institution
may not exceed $5 million
Bankers Acceptances 10% The maximum amount with any
one issuer may not exceed $2
million.
Repurchase Agreements 10% Not to exceed $5 million per dealer. Mark to market at 102%.
Local Agency
Investment Fund $75 Million Limitations are established by the State Treasurer and revised
periodically. Current limit is $75
million.
Los Angeles
County Pool $100 Million None
Investment Trust
of California (CalTrust) $100 Million None
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8 Investment Type Not-To-Exceed Limit Other Restrictions
Government Securities
Money Market Fund 10% The maximum amount with any
one diversified management
company is $2 million.
Demand Deposits no limit FDIC insured institutions.
Guaranteed Investment no limit
Contracts Can be utilized only for investment
of bond proceeds and only as
directed by the Official Statement
of bond issuance.
10.0 INVESTMENT POOLS:
Government sponsored investment pools (Pools) are permitted under California Government Code Section 53601 et seq. and an excellent short-term investment option for cash management facilities. These pools can provide safety, liquidity, and yield in a single diversified investment. However, thoughtful investigation and due diligence are required, both initially at time of purchase, and ongoing analysis to determine that the investment pool is being managed in a manner consistent with the objective of the Policy. The following guidelines include, but are not limited to:
A) Shall have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations.
B) The Pools mark to market weekly at a minimum.
C) The Pool provides comprehensive, timely monthly reports which include detailed transaction listings, reports realized and unrealized gains and losses, provides accurate market values for each security, provides quality rating for
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9 individual securities, takes delivery DVP, provides third party safekeeping of all investments, and for whom an audit is conducted annually by an independent auditor with no relationship to the Pool.
11.0 MONEY MARKET MUTUAL FUNDS
Money market mutual funds provide another safe, liquid and diversified investment option for the City’s surplus capital: however, certain conditions need to be met both initially and on an ongoing basis. The money market may only invest in US Government securities permitted under this policy and under California Government Code Section 53601 et seq. with final stated maturities of one year or less “Government Money Market Funds.”
In order to be an eligible money market investment under this section, the primary objective of the money market, as stated in the fund’s prospectus, is to maintain a constant $1.00 Net Asset Value (NAV). The following additional guidelines include, but are not limited to:
A) Only invests in US Government securities, and the weighted average maturity of the portfolio is less than 180 days.
B) The fund shall be registered with the SEC.
C) The fund shall have a minimum of $500 million in total asset size of portfolio at time of investment, and should not drop below this threshold.
D) The money market shall have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations, and shall maintain these ratings for the duration of the investment.
12.0 COLLATERALIZATION:
All demand deposits, time deposits and repurchase agreements are to be fully collateralized with securities authorized by the California Government Code and the City.
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10 The eligible collateral for repurchase agreements must be those investments authorized by Section 53651 of the California Government Code. The Treasurer may specify the type of eligible collateral for use in repurchase agreements. Eligible collateral must be in book entry form. Collateral is valued at current market plus accrued interest through the date of valuation.
A) The cost value (book value) of collateral pledged for demand deposits must at all time be equal to or greater than the amount on deposit, plus accrued interest, in accordance with the following ratio:
U.S. Treasury Securities 110%
B) The cost value (book value) of collateral pledged for repurchase agreements must at all time be equal to or greater than the par amount, plus accrued interest, with the following ratios:
U.S. Treasury Securities 102%
U.S. Government Agencies 102%
Cash (in immediately available funds) 100%
It is the policy of the City to require reports at least on a quarterly basis from institutions with which the Treasurer has pledged security interest. The Treasurer shall monitor the adequacy of collateralization to ensure that balances are collateralized in accordance with the ratios approved herein.
With regard to repurchase agreements, it is the policy of the City to initiate a margin call in the event pledged collateral falls below the appropriate ratio.
Collateralized investments and deposits often require substitution of collateral. Any broker or financial institution requesting substitution must contact the City through the City Treasurer, for approval in the event the counterparty to the transaction is not authorized under agreement with the City to make substitutions.
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11 13.0 SAFEKEEPING AND CUSTODY:
The City Treasurer shall take possession of all of the City’s investment securities pursuant to Government Code Section 53601 which, in pertinent part, provides as follows:
“A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisors, consultants, or managers using the agency’s funds, by book entry, physical delivery, or by third party custodial agreement. The transfer of securities to the counterpart bank’s customer book entry account may be used for book entry delivery. For purposes of this section “counterparty” means the other party to the transaction. A counterparty bank’s trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency.”
14.0 MAXIMUM MATURITIES:
The average dollar weighted maturity of the total portfolio shall not exceed 2 years.
No investment shall have a maturity date in excess of 5 years from date of purchase without approval of the City Council prior to any such transactions. No more than 35% of the total portfolio shall be invested in instruments with maturities beyond 3 years at the time of purchase, and no more than 20% of the total portfolio shall be invested in instruments wit h maturities beyond 4 years at the time of purchase.
Maturities shall be staggered to minimize liquidity risk and to enhance the stability of incoming cashflows. At least 10% of the portfolio shall be invested in instruments which can be liquidated on one day's notice.
15.0 INTERNAL CONTROL:
The City Treasurer and Fiscal Services Manager shall establish procedures that separate the internal responsibility for management and accounting of the investment portfolio. An analysis by an external independent auditor shall be conducted annually to review internal controls, account activity and compliance with policies and procedures.
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12 16.0 PERFORMANCE STANDARDS AND EVALUATION:
Investment performance is continually monitored and evaluated by the City Treasurer.
Investment portfolio reports are generated on a monthly basis and submitted to the City Manager and the Investment Advisory Committee. The investment portfolio reports are to be submitted within 30 days of the end of the reporting period.
The portfolio shall be designed to attain a market average rate of return comparable to the average one year U.S. Constant Maturity Treasury (CMT).
An annual audit of the City’s Investment Policy, practices, procedures and portfolio status will be conducted by an independent auditor. The auditor will provide the City Manager and City Council with written observations and recommendations regarding the adequacy of investment controls.
17.0 REPORTING:
The City Treasurer shall provide the City Council with monthly reports about the City's investments. These reports shall include, at a minimum, the following information for each type of investment held in the City's investment portfolio: the issuer; date of purchase; date of maturity; amount of investment; current market value; yield on investment; yield and total return on portfolio; income generated from investments; and a description of unusual investment activity or developments during the month for which the report is prepared.
The City Treasurer shall prepare such a report for each month. The City Treasurer shall deliver each monthly report to the Mayor and each City Council Member no later than thirty (30) calendar days after the close of the month for which each report is prepared.
In the event that an investment advisor is retained by the City Council, the investment advisor shall prepare and deliver a report for each month's investment activity as required herein to the City Treasurer in such time as to allow the City Treasurer to comply with the delivery times for each report required by this policy.
The City Treasurer may be relieved from that office in the event of any fai lure to comply with the reporting requirements of this policy.
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13 18.0 INVESTMENT POLICY ADOPTION:
The City's investment policy shall be adopted annually by resolution by the City Council. The policy shall be reviewed annually by the City Treasurer and th e City Council and any modifications made thereto shall be approved by the City Council.
GLOSSARY:
AGENCIES – Agencies of the Federal government set up to supply credit to various classes of institutions (e.g., S&L’s, small business firms, students, farmers, housing agencies, etc.) Examples include Federal Home Loan Mortgage Corporation (FHLMC), Federal National Mortgage Association (FNMA), Federal Home Loan Bank (FHLB) and Federal Farm Credit Bank (FFCB).
ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) – The official annual report of the City. It includes five combined statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP). It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section.
ASK/OFFER – The price at which securities are offered. (The price at which a firm will sell a security to an investor.)
BANKERS’ ACCEPTANCE (BA) – A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill as well as the issuer.
BASIS POINT – One one-hundredth of a percent (i.e., 0.01%).
BEAR MARKET – A period of generally pessimistic attitudes and declining market prices.
BID PRICE – The price at which a broker/dealer will buy securities from an investor.
BOND EQUIVALENT YIELD – The basis on which yields on notes and bonds are quoted.
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14 BOOK VALUE (COST VALUE) – The purchase price of the security as recorded on the City’s books.
BROKER/DEALER – An individual or firm acting as principal in a securities transaction.
BULL MARKET – A period of generally optimistic attitudes and increasing market prices.
CALLABLES – Securities that the issuer has the right to redeem prior to maturity.
CERTIFICATE OF DEPOSIT (CD) – A time deposit with a specific maturity evidenced by a certificate. Large denomination CD’s are typically negotiable.
CMT – Constant Maturity Treasury – An index of the average yield on United States Treasury securities adjusted to a constant maturity.
COLLATERAL – Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
CORPORATE MEDIUM TERM NOTE – A security issued by a corporation doing business in the U.S. with a maturity not to exceed five years.
COST VALUE (BOOK VALUE) – The purchase price of the security as recorded on the City’s books.
COUPON – a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value; b) a certificate attached to a bond evidencing interest due on a payment date.
DEBENTURE – A bond secured only by the general credit of the issuer.
DELIVERY VS. PAYMENT – Delivery of securities with a simultaneous exchange of money.
DEMAND ACCOUNT – An account with a commercial bank from which check withdrawals may be made at any time.
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15 DERIVATIVES – Financial products that are dependent for their value on (or derived from) an underlying financial instrument, a commodity, or an index representing values of groups of such instruments or assets.
DISCOUNT – The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original price shortly after sale also is considered to be at a discount.
DIVERSIFICATION – Dividing investment funds among a variety of securities offering independent returns.
FEDERAL FUNDS RATE – Interest rate charged by one institution lending federal funds to another.
FEDERAL OPEN MARKET COMMITTEE (FOMC) – Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Rese rve Bank is a permanent member, while the other presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.
FINANCIAL ADVISOR – A firm or bank that acts in a financial advisory capacity with respect to a new issue of municipal securities pursuant to a written contract.
FISCAL AGENT – A financial institution with trust powers which acts in a fiduciary capacity for the benefit of the bondholders in enforcing the terms of the bond contract.
GOVERNMENTAL ACCOUNTING STANDARDS BOARD – The independent organization that establishes and improves standards of accounting and financial reporting for U.S. state and local governments.
INTERNAL RATE OF RETURN – Rate of return over the life of a security on variables.
LOCAL AGENCY INVESTMENT FUND (LAIF) – The aggregate of all funds from political subdivisions that are placed in t he custody of the State Treasurer for investment and reinvestment.
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16 MARKET VALUE – The price at which a security is trading, usually the liquidation value.
MASTER REPURCHASE AGREEMENT – A written contract covering all future transactions between the parti es to repurchase -reverse, repurchase agreements that establishes each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller borrower.
MONEY MARKET MUTUAL FUNDS – Open-ended mutual fund that invests in commercial paper, banker’s acceptances, repurchase agreements, government securities, certificates of deposit and other highly liquid and safe securities, and pays money market rates of interest. The fund’s net asset value remains a constant $1 share, with the interest rate increasing or decreasing.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION
(NRSRO) – A rating organization designated by the SEC as bein g nationally recognized.
OFFER PRICE – The price at which a broker/dealer will offer securities to an investor.
OPEN MARKET OPERATIONS – Federal Reserve activity. Under the Federal Reserve Act, the Fed uses purchases and sales of Government and Federal Agency securities to add to or subtract from commercial bank reserves. Goals are to sustain economic growth, high employment and reasonable price stability.
PAPER GAIN OR LOSS Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists as long as the security is held while there is a difference between cost value (book value) and the market value.
PORTFOLIO – Collection of securities held by an investor.
PRIMARY DEALER – A group of government securities dealers that serve as trading counterparties of the New York Fed in its implementation of monetary policy.
This rol e includes the obligations to: (i) participate consistently in open market operations to carry out U.S. monetary policy pursuant to the direction of the Federal Open Market Committee (FOMC); and, (ii) provide the New York Fed’s trading desk
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17 with market information and analysis helpful in the formulation and implementation of monetary policy. Primary dealers are also required to participate in all auctions of U.S. government debt and to make reasonable markets for the New York Fed when it transacts on behalf of its foreign official account holders.
RATE OF RETURN – The yield obtainable on a security based, on its purchase price or its current market price. This may be the amortized yield to maturity; on a bond, the current income return.
REPURCHASE AGREEMENT (REPO) – A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate them for this.
REVERSE REPURCHASE AGREEMENT (REVERSE REPO) – A reverse- repurchase agreement (reverse repo) involves an investor borrowing cash from a financial institution in exchange for securities. The investor agrees to repurchase the securities at a specific date for the same cash value plus an agreed upon interest rate.
Although the transaction is similar to repo, the purpose of entering into a reverse repo is quite different. While a repo is a stra ightforward investment of public funds, the reverse repo is a borrowing.
SAFEKEEPING – The service provided by banks and trust companies for clients when the bank or trust company stores the securities, takes in coupon payments, and redeems issues at maturity.
SECURITIES & EXCHANGE COMMISSION (SEC) – Agency created by Congress to protect investors in securities transactions by administering securities legislation.
SEC RULE 15(C)3-1 – See Uniform Net Capital Rule.
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SUCCESSOR AGENCY RESOLUTION NO. SA 2023-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA AS SUCCESSOR AGENCY TO THE CHINO
REDEVELOPMENT AGENCY OF THE CITY OF CHINO,
CALIFORNIA, ADOPTING A STATEMENT OF INVESTMENT
POLICY.
WHEREAS, on December 3, 1968, the City Council of the City of Chino adopted Resolution No. 1288 which delegated the authority of the City Council to invest or reinvest City fun ds, or to sell or exchange security so purchased, to the Agency Treasurer; and
WHEREAS, on January 18, 2022, the Successor Agency to the Chino Redevelopment Agency of the City of Chino last adopted the Statement of Investment Policy; and
WHEREAS, the City Council desires to revise the Statement of Investment Policy as required by SB 866 and SB 564 and to reaffirm the delegation of investment authority to the Agency Treasurer pursuant to Resolution No. 1288.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO AS SUCCESSOR AGENCY TO THE CHINO REDEVELOPMENT AGENCY HEREBY RESOLVES AS FOLLOWS:
Section 1. The Statement of Investment Policy, attached hereto and incorporated herewith, is adopted as the Statement of Investment Policy of the Successor A gency to the Chino Redevelopment Agency.
Section 2. The policy of Resolution No. 1288, adopted on December 3, 1968, is reaffirmed in that the authority of the City Council to invest or to reinvest funds of the Successor Agency to the Chino Redevelopment Agency, or to sell or exchange securities so purchased, or to manage the City’s funds and securities is delegated by the City Council to the Agency Treasurer.
Section 3. The Agency Treasurer shall assume full responsibility for the decisions and transactions involving the investment and reinvestment of Agency funds, the sale or exchange of security so purchased and the management of Agency funds and securities until such time as this delegation of authority is revoked.
Section 4. The Agency Treasurer shall comply with the Statement of Investment Policy of the Successor Agency to the Chino Redevelopment Agency adopted by this Resolution.
Section 5. The Agency Treasurer shall report to the City Council, the City Manager and the City’s Auditor as required by the Statement of Investment Policy and all applicable laws.
Section 6. The Agency Treasurer shall render to the City Council and to the Investment Advisory Committee a Statement of Investment Policy each year which shall be considered for adoption by the City Council no later than its second regular meeting in January of each year.
Any changes to said policy shall be considered by the City Council at such a public meeting.
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SUCCESSOR AGENCY RESOLUTION NO. SA 2023-001
PAGE 2
____________________________________________________________________________
APPROVED AND ADOPTED THIS 7th day of February 2023.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________
NATALIE GONZAGA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 7th day of February 2023 by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
By: _______________________________
NATALIE GONZAGA, CITY CLERK
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RESOLUTION NO. 2023-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, ADOPTING A STATEMENT OF INVESTMENT
POLICY.
WHEREAS, on December 3, 1968, the City Council of the City of Chino adopted Resolution No. 1288 which delegated the authority of the City Council to invest or reinvest City funds, or to sell or exchange security so purchased, to the City Treasurer; and
WHEREAS, on January 18, 2022, the City Council of the City of Chino last updated the Statement of Investment Policy; and
WHEREAS, the City Council desires to revise the Statement of Investment Policy as required by SB 866 and SB 564 and to reaffirm the delegation of investment authority to the City Treasurer pursuant to Resolution No. 1288.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HEREBY RESOLVES AS FOLLOWS:
Section 1. The Statement of Investment Policy, attached hereto and incorporated herewith, is adopted as the Statement of Investment Policy of the City of Chino.
Section 2. The policy of Resolution No. 1288, adopted on December 3, 1968, is reaffirmed in that the authority of the City Council to invest or to reinvest funds of the City of Chino, or to sell or exchange securities so purchased, or to manage the City’s funds and securities is delegated by the City Council to the City Treasurer.
Section 3. The City Treasurer shall assume full responsibility for the decisions and transactions involving the investment and reinvestment of City funds, the sale or exchange of security so purchased and the management of City funds and securities until such time as this delegation of authority is revoked.
Section 4. The City Treasurer shall comply with the Statement of Investment Policy of the City of Chino adopted by this Resolution.
Section 5. The City Treasurer shall report to the City Council, the City Manager and the City’s Auditor as required by the Statement of Investment Policy and all applicable laws.
Section 6. The City Treasurer shall render to the City Council and to the Investment Advisory Committee a Statement of Investment Policy each year which shall be considered for adoption by the City Council no later than its second regular meeting in January of each year. Any changes to said policy shall be considered by the City Council at such a public meeting.
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RESOLUTION NO. 2023-008
PAGE 2
____________________________________________________________________________
APPROVED AND ADOPTED THIS 7th day of February 2023.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________
NATALIE GONZAGA, CITY CLERK
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RESOLUTION NO. 2023-008
PAGE 2
____________________________________________________________________________
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 7th day of February 2023 by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
By: _______________________________
NATALIE GONZAGA, CITY CLERK
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: ACCEPTANCE OF ADDITIONAL PUBLIC IMP ROVEMENTS CONSTRUCTED
BUT INADVERTENTLY OMITTED FROM PRIOR AGENDA FOR THE LEWIS COMPANIES.
RECOMMENDATION
That the City Council consider and accept the previously constructed tracts and improvements constructed by the Lewis Companies, inadvertently omitted from the agenda on November 15, 2022:
• Tract Map Nos.: 17616, 18890
FISCAL IMPACT
Acceptance of the additional public improvements will not result in any significant fiscal impact.
Prior Council authority included acceptance of the above tracts, but t hey were inadvertently not listed on the agenda. This acceptance corrects the prior procedural error and completes acceptance of all tracts included in the prior settlement agreements.
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
· Financial Stability
· Responsible Long-Range Planning
· Public Service Excellence through Internal and External Partnerships
11.5 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: ACCEPTANCE OF ADDITIONAL PUBLIC IMPROVEMENTS CONSTRUCTED
BUT INADVERTENTLY OMITTED FROM PRIOR AGENDA FOR THE LEWIS COMPANIES PAGE 2
BACKGROUND
The City entered into a settlement agreement with the Lewis Companies, Lennar Homes, Richmond American Hom es, and KB Homes on a large number of tracts in the City of Chino that have accessible elements under the Americans with Disabilities Act and California law, pursuant to Council action on November 15, 2022.
The agenda inadvertently did not list two tract map numbers with completed construction and included in the settlement agreements, or which have otherwise been approved with bond releases but not yet accepted. These tracts should have been listed on the agenda for formal acceptance. This acceptances correct the prior procedural errors.
ISSUES/ANALYSIS
The tracts identified as Tract Map Nos. 17616, 18890 would have been accepted by the Council on November 15, 2022 but for the inadvertence of not publishing the tract information on the agenda, as required . Acceptance of these tracts completes a required step in the settlement agreement and clarifies their status, consistent with prior Council direction on these legacy improvements.
11.5 CONSENT CALENDAR
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Revenue: 1004000-59500-G4230 Expenditure: 1004000-40010-G4230
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
POLICE DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: OFFICER WELLNESS AND MENTAL HEALTH GRANT FUNDS APPROPRIATION.
RECOMMENDATION
1) Accept and approve the use of the grant funds for the identified expenditure areas of the Officer Wellness and Mental Health Grant; 2) appropriate $77,931.18 from the unappropriated reserves of the General Fund, with a corresponding increase to revenues in the same fund; and 3) authorize the City Manager to execute the necessary documents.
FISCAL IMPACT
Requires an appropriation of $77,931.18 from the General Fund. The requested appropriation is fully offset by Grant Revenue and no local 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:
• Financial Stability
• Public Service Excellence through Internal and External Partnerships
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COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: OFFICER WELLNESS AND MENTAL HEALTH GRANT FUNDS APPROPRIATION PAGE 2
BACKGROUND
The Officer Wellness and Mental Health Grant Program, established in the 2022 Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022), prov ides funds for city and county law enforcement agencies for the purpose of improving officer wellness and expanding mental health sources. The funding may be used for any of the following purposes:
• Establishing or expanding officer wellness units
• Establishing or expanding peer support units
• Services provided by a licensed mental health professional, counselor or other professional that works with law enforcement
• Expanding multiagency mutual aid programs focused on officer wellness and mental health
• Other programs and services that are evidence-based or have a successful track record of enhancing officer wellness
Allocation of funds was determined by the number of officers described in Penal Code section 830.1. The City of Chino has been allocated $77,931.18.
ISSUES/ANALYSIS
The Police Department is requesting acceptance and appropriation of $77,931.18 to fund officer wellness and peer support programs, services provided by a licensed mental health professional, or other programs or services that enhance officer wellness.
Attachment: Officer Wellness and Mental Health Grant Award Letter
11.6 CONSENT CALENDAR
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11.6.a
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Revenue: Expenditure: 65083101-48030-IB234
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
COMMUNITY SERVICES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, COMMUNITY SERVICES DIRECTOR
SUBJECT: AWARD OF CONTRACT - POLICE DEPARTMENT EVIDENCE STOR AGE ROOM ROLLING SHELF PROJECT (IB234).
RECOMMENDATION
1) Award a construction contract in the amount of $83,400.64 to McMurray Stern, Inc. - Spacesaver Corporation, Santa Fe Springs, CA for the Police Department Evidence Storage Room-Rolling Shelf Proje ct (IB234), 2) authorize expenditures of up to $8,340.06 for construction contingencies for a not-to-exceed construction contract amount of $91,740.70; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2022-23 Building Management Fund Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
• Responsible Long-Range Planning
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COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: AWARD OF CONTRACT - POLICE DEPARTMENT EVIDENCE STORAGE ROOM ROLLING SHELF PROJECT (IB234)
PAGE 2
BACKGROUND
The Fiscal Year 2022 -23 Building Ma nagement Fund provides funding for the Police Department Evidence Storage Room -Rolling Shelf project (IB234). The Police Department’s Evidence Unit is responsible for maintaining all evidence. Currently, the shelving used in the Evidence Storage room is in adequate and the space available is at full capacity. To increase the storage capacity needed, staff is recommending the purchase and installation of a high - density storage system to match the existing system used in the main evidence and records storage rooms at the Police Department. This system is a proprietary system manufactured by McMurray Stern Inc.-Spacesaver Corporation.
The project scope of work will include the purchase, delivery, and installation of the new storage system, which includes a fire-retardant elevated subfloor, ramp, and vinyl composition tile (VCT) flooring.
ISSUES/ANALYSIS
The City’s Purchasing Ordinance allows the City to take advantage of competitive bids awarded to contractors and vendors by other public agencies. Source well issued a Notice Inviting Bids and conducted a nationwide competitive bid process to select a manufacturer/vendor to provide High-Density Mobile Storage equipment, which includes various types of Spacesaver systems to public agencies throughout the country. As a result of the Sourcewell bid process, McMurray Stern, Inc. -Spacesaver Corporation was selected to provide a mobile high -density storage system through the Sourcewell bid program through March 25, 2024 (Contract No. 010920 - SPC), giving the City the ability to purchase the mobile high -density storage system. The City Attorney's Office has reviewed all documents relevant to the Sourcewell bid solicitation for Spacesaver storage equipment and found the documents to be in order.
The City contacted McMurray Stern, Inc.-Spacesaver Corporation requesting design assistance for a mobile high -density storage system. In January 2023, the City received a proposal from McMurray Stern Inc. -Spacesaver Corporation in the amount of $83,400.64 for the purchase, delivery, and installation of a mobile high -density storage system. At this time, staff is recommending that City Council authorize a construction contract in the amount of $83,400.64 to McMurray Stern, Inc. -Spacesaver Corporation, Santa Fe Springs, CA fo r the purchase of a mobile Spacesaver system for the Police Department Evidence Storage Room -Rolling Shelf project. In addition to the contract amount, staff is requesting authorization to spend up to $8,340.06 for construction contingencies for unanticipa ted work, bringing the total potential construction contract to $91,740.70.
Attachment: McMurray Stern Inc. - Proposal
McMurray Stern Inc. - Agreement
11.7 CONSENT CALENDAR
Packet Pg. 59
01225.0006/515653.2
Contract No.:
Approved:
AGREEMENT
“POLICE DEPARTMENT EVIDENCE STORAGE ROOM ROLLING SHELF”
THIS AGREEMENT is made and entered into this 7th day of February, 2023 by and between T HE CITY OF CHINO, a municipal corporation, hereinafter called “ City”, and MCMURRAY STERN INC., hereinafter called “Contractor”.
WITNESSETH, that the parties hereto mutually agree as follows:
ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled “POLICE DEPARTMENT EVIDENCE STORAGE ROOM ROLLING SHELF” in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.
ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work.
City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Eighty-Three Thousand Four Hundred Dollars and Sixty-Four Cents ($83,400.64) for completion of the contract work.
ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV: Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within thirty (30) working days from the date on which the work was started. If the work is not comp leted within said time period, liquidated damages shall apply.
ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post-Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated in to and made part of this
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Agreement.
ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other cost s and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City an d Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporat ion, partnership or association in which he is interested, in violation of any State statute or regulation.
Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which
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01225.0006/515653.2
may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be const rued for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.
ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
11.7.a
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 62
01225.0006/515653.2
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.
Approved as to Form: Approved as to Content:
City Attorney Silvia Avalos , Director of Community
Services
CONTRACTOR
Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)
CITY OF CHINO
Dated:
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
Date
11.7.a
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 63
MC MURRAY STERN ▪ 15511 CARMENITA RD ▪ SANTA FE SPRINGS, CA 90670 ▪ PHONE: (562) 623-3000 ▪ FAX: (562) 623-3039 ▪ WEBSITE: HTTP://WWW.MCMURRAYSTERN.COM/
City of Chino
PRICING PROPOSAL FOR CHINO PD SPACESAVER HOMICIDE
STORAGE SYSTEM
SOURCEWELL CONTRACT #010920-SPC
Date: 1/10/2023
Prepared For: Jessee Maloney
Quote Number: 28303-52475
Valid For 60 Days
Prepared by: David Cagle
Confidential
© 2023 Mc Murray Stern.The information in this transmittal is proprietary to Mc Murray Stern. It is provided on the condition that it remains in confidence between Mc Murray Stern and the recipient of this quote. Do Not Copy, Distribute nor Share the Cont ents of this proposal without the written permission of Mc Murray Stern
11.7.b
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 64
MC MURRAY STERN ▪ 15511 CARMENITA RD ▪ SANTA FE SPRINGS, CA 90670 ▪ PHONE: (562) 623-3000 ▪ FAX: (562) 623-3039 ▪ WEBSITE: HTTP://WWW.MCMURRAYSTERN.COM/
11.7.b
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 65
Mc Murray Stern
SUMMARY PAGE
15511 Carmenita Rd
Quote # 28303-52475
Santa Fe Springs, CA 90670
Phone: (562) 623-3000
Fax: (562) 623-3039
http://www.mcmurraystern.com/
Project Scope
The proposed Spacesaver system for the Chino PD Homicide Evidence Storage area is designed to maximize the storage capacity of accessible boxed and loose storage of evidence in the available room area.
The system includes [2] ranges of 24” deep stationary shelving and [1] double faced movable shelving unit that will provide a total of 1,208.25 cubic feet of accessible and permitted storage capacity. If typical 13” wide by 24” deep boxes are used the total number of boxes that the system will hold is 432 boxes. The 42” U1 and 24” U2 shelving that extends out past the system along the west wall will be for the storage of long guns and will not have a solid divider between the shelving sections so that there is room to store the long guns. The system also includes fire- retardant elevated subfloor, ADA compliant ramp and VCT floor covering on the subfloor and ramp.
The Sourcewell Contract #010920-SPC pricing for the proposed system is $83,400.64. This pricing includes material, freight installation and applicable tax. The pricing includes Prevailing Wage.
The current lead time for this equipment is 12 weeks to ship after receipt of the order P.O., color selection and signed drawings. The installation time will be approximately 2 weeks.
Bill To
Project Investment
City of Chino
Finance Dept Attn: A/P
P.O. Box 667
Chino, CA 91708-0667
909-334-3250
Or email invoices to: [email protected]
Project Total
$77,401.98
Tax (7.75%)
$5,998.66
Grand Total
$83,400.64
Install To
Payment Schedule 30 Days
City of Chino
Police Department
5450 Guardian Way
Chino, CA 91710
100% Due Upon Completion $83,400.64
Price Summary by Phase
Option Phase / TAG
Price Tax Total
Chino PD - Updated Sourcewell Contract
#010920-SPC
Standard Mobile
$77,401.98 $5,998.66 $83,400.64
$77,401.98 $5,998.66 $83,400.64
Grand Total
$77,401.98 $5,998.66 $83,400.64
11.7.b
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 66
Mc Murray Stern
QUOTATION
15511 Carmenita Rd
Santa Fe Springs, CA 90670
# 28303-52475
Phone: (562) 623-3000
Fax: (562) 623-3039
http://www.mcmurraystern.com/
VALID UNTIL 3/10/2023
BILL TO
INSTALL TO
Salesperson
City of Chino
Finance Dept Attn: A/P
P.O. Box 667
Chino, CA 91708-0667
909-334-3250
Or email invoices to: [email protected]
909-334-3250
Chino, City of
Police Department
5450 Guardian Way
Chino, CA 91710
David Cagle
Payment Terms
30 Days
02) Chino PD - Updated Sourcewell Contract #010920-SPC
Standard Mobile
LINE #
QTY
PART # / DESCRIPTION
UNIT
LIST EA
DISC %
PRICE EA
1 1.00
BP-2482 / Back Panel, 4Post/Case, 24W x 85.25H
EA
$143.00
42.90%
$81.65
EXT PRICE $81.65
2 19.00
BP-4282 / Back Panel, 4Post/Case, 42W x 85.25H
EA
$187.00
42.90%
$106.78
EXT PRICE $2,028.82
3 1.00
SF-2424-P / Plain Shelf, 4Post, Double-Face, 24W x 24D x 0.75H
EA
$60.50
42.89%
$34.55
EXT PRICE $34.55
4 6.00
SF-2424-S / Slotted Shelf, 4Post, Double-Face, 24W x 24D x
0.75H
EA
$60.50
42.89%
$34.55
EXT PRICE $207.30
5 25.00
SF-4224-P / Plain Shelf, 4Post, Double-Face, 42W x 24D x 0.75H
EA
$49.00
42.90%
$27.98
EXT PRICE $699.50
6 150.00
SF-4224-S / Slotted Shelf, 4Post, Double-Face, 42W x 24D x
0.75H
EA
$49.00
42.90%
$27.98
EXT PRICE $4,197.00
7 250.00
SR-24-F / SHELF REINFORCEMENT,24
EA
$5.25
42.86%
$3.00
EXT PRICE $750.00
8 50.00
SR-24-H / SHELF REINFORCEMENT,24 HEAVY
EA
$6.25
42.88%
$3.57
EXT PRICE $178.50
9 12.00
SS-2414-F / SHELF SUPPORT,24 X 14
EA
$18.25
42.90%
$10.42
EXT PRICE $125.04
10 2.00
SS-2414-HC / SHELF SUPPORT W/ EARS CUT OFF, HEAVY,24 X 14
EA
$28.00
42.89%
$15.99
EXT PRICE $31.98
11 1.00
Sourcewell Contract Services / Includes Design, Project Management, Installation, Site Preparation, Unloading, Inside Delivery, Prevailing Wage and Travel Expenses (If Applicable).
EA
$32,018.22
0.00%
$32,018.22
EXT PRICE $32,018.22
12 68.00
2" x 8" Steel Plate / 2" x 8" Steel Plate
EA
$18.00
0.00%
$18.00
EXT PRICE $1,224.00
13 300.00
SS-4211-F / SHELF SUPPORT,42 X 11
EA
$12.50
42.88%
$7.14
EXT PRICE $2,142.00
14 50.00
SS-4211-HC / SHELF SUPPORT W/ EARS CUT OFF, HEAVY,42 X 11
EA
$17.25
42.90%
$9.85
EXT PRICE $492.50
15 8.00
US-2482.25-CA / Upright, 4Post, Closed Angle, 24D x 85.25H
EA
$115.00
42.90%
$65.67
EXT PRICE $525.36
11.7.b
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 67
16 22.00
US-2482.25-CT / Upright, 4Post, Closed Tee, 24D x 85.25H
EA
$133.00
42.90%
$75.94
EXT PRICE $1,670.68
11.7.b
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 68
Mc Murray Stern
QUOTATION
15511 Carmenita Rd
Santa Fe Springs, CA 90670
# 28303-52475
Phone: (562) 623-3000
Fax: (562) 623-3039
http://www.mcmurraystern.com/
VALID UNTIL 3/10/2023
02) Chino PD - Updated Sourcewell Contract #010920-SPC
Standard Mobile
LINE #
QTY
PART # / DESCRIPTION
UNIT
LIST EA
DISC %
PRICE EA
17 1.00
AS1W06S / SUPPORT - BACK TO BACK, STD
EA
$252.00
42.70%
$144.40
EXT PRICE $144.40
18 4.00
AT4 / ANTI-TIP BRKTS DUAL FLANGE IN-RAIL
EA
$64.00
42.70%
$36.67
EXT PRICE $146.68
19 1.00
CDW2S21WA / Line Shaft Mech Assist Carriage
EA
$6,089.00
42.70%
$3,489.00
EXT PRICE $3,489.00
20 1.00
P2S21NN / Stationary Platform
EA
$2,563.00
42.70%
$1,468.60
EXT PRICE $1,468.60
21 1.00
P2S27NN / Stationary Platform
EA
$3,338.00
42.70%
$1,912.67
EXT PRICE $1,912.67
22 50.00
5" x 5" Angle / Anchoring Angle
EA
$22.00
0.00%
$22.00
EXT PRICE $1,100.00
23 6.00
RS1L / L RAIL SKIRT
FT
$17.25
42.72%
$9.88
EXT PRICE $59.28
24 254.00
MCS-Floor Covering / Floor covering material (Tile or Carpet)
lf
$5.50
0.00%
$5.50
EXT PRICE $1,397.00
25 3.00
85008.02 / ANCHORING CEMENT(GROUT - 50#) SEALWALL-
ANCHOR-TITE
EA
$184.00
42.70%
$105.43
EXT PRICE $316.29
26 241.00
FF1LF / Low Profile Elevated Floor Fr
SF
$25.50
42.71%
$14.61
EXT PRICE $3,521.01
27 13.00
FR1LAF24 / L Composite Ramp, 24 INCH, Fire Ret
EA
$68.50
42.70%
$39.25
EXT PRICE $510.25
28 52.00
RL003.1218 / RAIL B ANTI-TIP STANDARD, 1/8 PLATE, 18 INCH
SPACING
Ea
$50.50
42.69%
$28.94
EXT PRICE $1,504.88
29 1.00
EHPL2496 / HPLF PANEL 24 X 96
EA
$435.00
42.70%
$249.26
EXT PRICE $249.26
30 1.00
EHPL4896 / HPLF PANEL 48 X 96
EA
$749.00
42.70%
$429.18
EXT PRICE $429.18
31 1.00
MATSURCHARGE / Material Surcharge - 14%
EA
$16,468.37
42.70%
$9,436.38
EXT PRICE $9,436.38
32 136.00
Rail Shim / Rail Shim 1/4" x 2" x 3-3/8" - 2 Holes 5/16"
EA
$7.50
0.00%
$7.50
EXT PRICE $1,020.00
33 1.00
Special Inspection / Special Inspection
EA
$1,200.00
0.00%
$1,200.00
EXT PRICE $1,200.00
34 1.00
Seismic Calcs Grossman & Speer (Not to Exceed Original PO Amount Without Written Change Order) / Structural Seismic Calculations
EA
$3,090.00
0.00%
$3,090.00
EXT PRICE $3,090.00
11.7.b
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 69
11.7.b
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 70
Mc Murray Stern
QUOTATION
15511 Carmenita Rd
Santa Fe Springs, CA 90670
# 28303-52475
Phone: (562) 623-3000
Fax: (562) 623-3039
http://www.mcmurraystern.com/
VALID UNTIL 3/10/2023
02) Chino PD - Updated Sourcewell Contract #010920-SPC
Standard Mobile
LINE #
QTY
PART # / DESCRIPTION
UNIT
LIST EA
DISC %
PRICE EA
02) Chino PD - Updated Sourcewell Contract / Standard Mobile SUBTOTAL
total list
$104,570.09
discount
25.98%
subtotal
$77,401.98
sales tax
$5,998.66
total
$83,400.64
CUSTOMER SIGN OFF
$104,570.09
total list
discount
25.98%
subtotal
$77,401.98
sales tax
$5,998.66
total $83,400.64
Authorized Signature
Accepted Date
Print Name
11.7.b
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 71
11.7.b
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 72
Mc Murray Stern
QUOTATION
15511 Carmenita Rd
Santa Fe Springs, CA 90670
# 28303-52475
Phone: (562) 623-3000
Fax: (562) 623-3039
http://www.mcmurraystern.com/
VALID UNTIL 3/10/2023
Terms and Conditions
The purchase order, proposal and sales or service agreement (collectively, the “Proposal”) provided by McMurray Stern, LLC, a Delaware limited liability company (“Company”), specifically incorporate the following Terms and Conditions. The Proposal and these Terms and Conditions are collectively referred to as the “Agreement” between Company and Purchaser, and exclusively govern and control the parties’ respective rights and obligations. In the event of a conflict between these Terms and Conditions and the Proposal, these Terms and Conditions will control, except for terms relating to price, quantity, and specifications, in which case the Proposal will control.
1. TAXES: The price does not include any sales, use, excise, or similar taxes, surcharges, tariffs and duties, and Purchaser shall be responsible for all such items, however designated or levied, and whether or not invoiced by Company. If taxes are included as part of the price and the rate or base of the tax is increased or decreased, Purchaser will pay any increased taxes, and Company will give credit for any tax decrease.
2. WARRANTY FOR GOODS AND SERVICES:
a. Company warrants (the “Goods Warranty”) that the Goods as set forth in the Proposal will be, on the date of the start of the Warranty Period, free from material defects in material and workmanship. “Goods” for purposes of this Agreement means any goods, products, machinery, equipment, parts, materials, computer hardware and other items to be provided by the Company as set forth in the Proposal.
b. Company warrants (the “Services Warranty”) that the Services (as defined below) will be performed in a professional and workmanlike manner. “Services” for purposes of this Agreement means the installation, commissioning or other services to be performed by the Company as set forth in the Proposal. c. Any failure of the Goods to conform to the Goods Warranty, or the Services to conform to the Services Warranty, is referred to herein as a “Warranty Defect”. d. Company’s obligations under the Goods Warranty and the Services Warranty are conditioned upon full and timely payment of all amounts owed by Purchaser and receipt by Company of prompt written notice from Purchaser of the claimed Warranty Defect, including a description of the Warranty Defect and its discovery, and the opportunity for Company to validate and inspect in Purchaser’s facility the Goods or Services claimed to be defective. e. The Goods Warranty and the Services Warranty shall terminate, and any claim of a Warranty Defect shall be deemed waived and extinguished, upon the expiration of the Warranty Period (as defined below), except as to any Warranty Defect for which Purchaser has given Company written notice in accordance with Section 2.d prior to the expiration of the Warranty Period. f. The “Warranty Period” shall be one (1) year from Acceptance; provided that, where no Services are included in the Proposal or sale, the Warranty Period is one year from shipment of the Goods.
As used herein, “Acceptance” shall mean substantial completion of the Services to be provided by the Company. If the Purchaser shall use any Goods which require Services, such use shall also be deemed to be “Acceptance”.
g. In the event of a Warranty Defect for which Purchaser has timely and properly given notice pursuant to Section 2.d, Company shall be responsible, (i) in the case of Goods, to repair or replace the defective Goods, delivered F.O.B. Company’s manufacturing plant, as determined by the Company in its sole discretion, and (ii) in the case of Services, to re-perform the Services that were not performed in accordance with the Services Warranty. The Warranty Defect obligation does not include costs of labor or other charges incurred in removing or installing parts (which shall be paid by Purchaser), and does not apply to Goods damaged by Purchaser, or its agents, representatives, employees, contractors, licensees or invitees, or by overloading, exposure to corrosive or abrasive substances or abnormal dampness, misuse, abuse, neglect or accident, or to Goods which have been improperly applied, installed, adjusted, operated, maintained, repaired, modified, changed or altered by persons other than Company, or to parts subject to wear and tear and replacement in ordinary course (such as, but not limited to: belts, chains, fuses, light bulbs, bushings, or similar items), or to other ordinary wear and tear. Company’s Goods Warranty with respect to any repaired or replaced Goods, or Services Warranty with respect to any re-performed Services, shall terminate on the date that the warranty would terminate under Section 2.e and 2.f as to any Goods or Services not subject to a claim of a Warranty Defect. h. Company makes no warranties or representations, nor assumes any obligations with regard to, Purchaser’s existing equipment or facilities or for any equipment supplied by Purchaser or any third -party and used in the Company system, and Purchaser assumes full responsibility for the use and operation of such equipment. i. If Company fails to repair or replace within thirty (30) days the defective Goods for which Purchaser has timely and properly given notice of a Warranty Defect pursuant to Section 2.d, then provided that Purchaser has given Company thirty (30) days prior written notice after such failure to repair or replace, and Company has not made such repair or replacement within such thirty (30) day notice period (or if the nature of such repair or replacement is not capable of being completed within such 30-day period, the Company has not commenced such repair or replacement), Purchaser may obtain repair or replacement of the defective goods from a third-party, and in such event Company shall be liable to Purchaser for the lesser of (i) the reasonable costs of such repair or replacement by a third-party or (ii) that part of the purchase price of the defective part of the Goods that has already been paid by Purchaser. j. EXCEPT AS SET FORTH IN THIS SECTION 2, THE GOODS AND SERVICES ARE BEING SOLD “AS IS”, AND COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS OR SERVICES OTHER THAN THE EXPRESS WARRANTIES CONTAINED IN SECTION 2. COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
3. PRICE AND PAYMENT: Purchaser shall make all payments due to the Company upon the terms set forth on the Proposal in immediately available funds. If any payment due from Purchaser shall not be received by the Company within five (5) days after the due date, then Purchaser shall pay to the Company a late charge equal to five percent (5%) of the overdue amount. In addition, Purchaser shall pay interest on all late payments at the lesser of the rate of 10% per annum or the highest rate permissible under applicable law, calculated daily. Purchaser shall reimburse the Company for all costs incurred in collecting any late payments, including, without limitation, reasonable attorneys’ fees. Goods are sold on a firm sale basis. Orders cannot be canceled once placed.
Purchaser shall have no right under these Terms and Conditions, or any other agreement, document or law, to withhold, offset, recoup or debit any amounts owed to the Company against any other amount owed to it by the Company. A convenience fee will be assessed on any credit card payments by Purchaser in the amount equal to three percent (3%) of the transaction amount, but in no event shall the surcharge be greater than the cost actually paid by the Company to its payment processor for processing the transaction.
4. INSURANCE BY COMPANY: Company will maintain insurance covering its operations as follows:
a. Worker’s Compensation Insurance as required by the state having jurisdiction over Company and Employer’s Liability with limit of $1,000,000. b. Commercial General Liability Insurance with combined single limit for bodily injuries and property damage of $2,000,000. c. Automotive Liability Insurance for bodily injuries, including death and property damage with combined single limit of $1,000,000. d. Umbrella and/or excess coverage with a limit of $5,000,000. Company may, at its sole option, satisfy these requirements with commercial insurance or through a program of combined self- insurance, self-insured retention, and excess insurance. Certificates of insurance will be furnished upon request.
5. INSURANCE BY PURCHASER: Purchaser assumes all risk of loss from damage and destruction of the Goods and any applicable installation charges thereof. Such risk of loss will transfer to Purchaser at the F.O.B. point pursuant to the shipping terms of the Agreement, or if not specified, F.O.B. Origin. Purchaser does not assume any risk of loss that is due to the actions of Company employees, contractors or subcontractors. Purchaser agrees to acquire and maintain all risk insurance covering damage and destruction of the Goods at replacement value and in no event less than the purchase price including any increases by Change Order(s). The insurance policy or policies shall name the Company as an additional insured, shall provide for thirty (30) days prior notification to Company if the insurance coverage is terminated, reduced, or otherwise materially modified, shall provide that the insurance proceeds shall be payable to Company and Purchaser as their interests may appear, and shall provide for a waiver of subrogation in favor of Company. Payments made by an insurance carrier to Company as a result of such damage or destruction of the Goods will be applied against the purchase price and any other amounts owed by Purchaser under the Agreement. Purchaser shall furnish Company with certificates evidencing such insurance.
6. INDEMNIFICATION: The Goods furnished hereunder will be manufactured with Company safety features and furnished with user safety instructions. The operation of the Goods with safety features removed or modified and/or the disregard of the user safety instructions is outside of Company’s control and is the responsibility of Purchaser. Therefore, Purchaser agrees to indemnify, defend and hold Company harmless from any and all claims, demands, liabilities, causes of action, suits, costs, and expenses of any kind or nature (including attorney’s fees) for loss or damage which may be suffered by Company as a result of injury to persons arising from such removal or modification to Company-furnished safety features and/or the disregard of Company- furnished user safety instructions, including any person injured while riding, sitting, stepping, walking, or climbing on the Goods furnished hereunder.
7. CHANGE ORDER: The parties may agree at any time prior to final payment of the Agreement to make additions, deletions, or other revisions by Change Order or Work Order (as defined below) without invalidating the Agreement. No such change will be performed by Company until an approved Change Order or Work Order is executed as provided below. a. When the price, schedule and other conditions relating to the change can be determined prior to the start of work under the change, a document describing this change (“Change Order”) will be issued for execution by the parties.
b. When the change requires immediate action and the issuance of an executed Change Order with firm price would unreasonably delay the change, Purchaser shall place its signature upon a document authorizing Company to proceed with the change (“Work Order”). After the change under the Work Order has been completed, Company will calculate the firm price for the change using actual costs (including overhead and reasonable profit) current at time of performance of the work. Completed Work Order(s) will be incorporated into a Change Order for execution by the parties.
Unless expressly modified by a Change Order or Work Order, the provisions of the Agreement and these Terms and Conditions will govern all work performed under such Change Order or Work Order.
8. DELIVERIES: The Company will use commercially reasonable efforts to deliver Goods on any estimated delivery date set forth on the Proposal. The Company shall not be liable for any delays, loss or damage in transit, including any delays as set forth in Section 12 below. If for any reason Purchaser fails to accept delivery of any Goods, or if the Company is unable to deliver Goods because Purchaser has not provided appropriate instructions, documents, licenses, or authorizations: (i) risk of loss to Goods shall pass to Purchaser; (ii) Goods shall be deemed to have been delivered; (iii) the Company, at its option, may store Goods until Purchaser picks it up, whereupon Purchaser shall be liable for all related costs and expenses (including, without limitation, storage and insurance); and (iv) Purchaser will compensate the Company for any other associated loss, damage, and additional expense suffered or incurred by the Company as a result of such delay. Except as otherwise set forth above, title and risk of loss passes to Purchaser as set forth in Section 5. As collateral security for the payment of the purchase price of Goods, Purchaser hereby grants to the Company a
11.7.b
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 73
Mc Murray Stern
QUOTATION
15511 Carmenita Rd
Santa Fe Springs, CA 90670
# 28303-52475
Phone: (562) 623-3000
Fax: (562) 623-3039
http://www.mcmurraystern.com/
VALID UNTIL 3/10/2023
lien on and security interest in and to all of the right, title, and interest of Purchaser in, to and under Gods, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the UCC.
9. REMEDIES:
a. Purchaser’s Remedies Prior to Acceptance. Prior to Acceptance, if Company defaults in the performance of any of its material obligations under the Agreement, Company shall have thirty (30) days following written notice from Purchaser advising Company of the default, in which to (i) cure the default or, (ii) if the default is not reasonably curable within such thirty (30) day period, to implement a plan to cure the default in a diligent manner. If Company fails to effect such cure within such thirty (30) day period, or fails to implement a plan to cure the default within such thirty (30) day period and thereafter prosecute such cure diligently to completion, then Purchaser shall have the right to terminate the Agreement upon written notice to Company. In the event of such termination, Purchaser shall either (i) pay to Company the value of the Goods and Services already provided to Purchaser, or (ii) complete the work specified in the Agreement. If Purchaser elects to complete the work specified in the Agreement and the reasonable costs of completion exceed the unpaid balance of the Proposal price, Company shall pay the difference to Purchaser upon submission of reasonable evidence of the costs thereof. b. Purchaser’s Remedies After Acceptance. After Acceptance, Purchaser’s remedies set forth in Section 2.g (with respect to Warranty Defects) are Purchaser’s sole and exclusive remedies for any claim that Purchaser may have related to the Agreement or the Goods or Services, in connection with the design, manufacture, sale, handling, transportation, delivery, installation, performance or otherwise of the Goods or the Services.
c. Company’s Remedies: In addition to any remedies that may be provided in the Agreement, the Company may terminate this Agreement with immediate effect upon written notice to Purchaser, if Purchaser: (i) fails to pay any amount when due under the Agreement; (ii) has not otherwise performed or complied with the Agreement, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors. In such event, the Company shall have the right to (i) suspend performance of its obligations under the Agreement until the default is cured, (ii) terminate the Agreement, and/or (iii) exercise any other right or remedy provided for in the Agreement, or available to Company under applicable law.
d. LIMITATION OF REMEDIES. THE AGREEMENT SETS FORTH PURCHASER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY DEFECT IN OR NON-CONFORMITY OF ANY GOODS OR SERVICES, FOR ANY NEGLIGENT DESIGN, MANUFACTURE, OR INSTALLATION OF THE GOODS, FOR ANY DELAY IN DELIVERY, AND FOR ANY BREACH OF THE AGREEMENT BY COMPANY. IN NO EVENT SHALL THE
COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE,
ARISING OUT OF, OR RELATING TO, THE GOODS OR SERVICES, OR IN CONNECTION WITH ANY BREACH UNDER A PROPOSAL OR THESE TERMS AND CONDITIONS, REGARDLESS OF (A)
WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THE COMPANY’S MAXIMUM CUMULATIVE
LIABILITY UNDER THE AGREEMENT FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES OR THE LIKE OF ANY KIND, WHETHER RELATING TO THE GOODS OR SERVICES, THIS
AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE COMPANY UNDER THE PROPOSAL WHICH IS THE SUBJECT OF THE CLAIM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PURCHASER ASSUMES ALL RISK AND LIABILITY
FOR THE RESULTS OBTAINED BY THE USE OF GOODS AND SERVICES, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY THE COMPANY, OR OTHERWISE, RELATED TO USE OF THE GOODS AND/OR SERVICES. PURCHASER AND COMPANY AGREE THAT THE EXCLUSIONS
AND LIMITATIONS SET FORTH IN THIS PARAGRAPH ARE SEPARATE AND INDEPENDENT FROM ANY REMEDIES WHICH PURCHASER MAY HAVE IN THE AGREEMENT AND SHALL BE GIVEN FULL FORCE AND EFFECT WHETHER OR NOT ANY OR ALL SUCH REMEDIES SHALL BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
10. COMPLIANCE WITH LAW. Purchaser shall comply with all applicable laws, regulations, and ordinances. Purchaser has and shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to own and operate the Goods and carry out its obligations under these Terms and Conditions.
11. INTELLECTUAL PROPERTY: The Company shall retain all right, title and interest to its own intellectual property, formulas, software and designs, including, without limitation, trademark, copyright, and any and all renewals, extensions, revivals and resuscitations thereof, throughout the universe in perpetuity in all media now known or hereafter devised.
12. DELAYS: If Company’s performance is delayed or prevented by Purchaser or other any cause uncontrolled or unforeseen by Company (including but not limited to acts of God, pandemics (including COVID- 19 or any variants thereof), casualty, labor disturbance, strikes, riots, civil disturbance, inability to obtain supplies or transportation, explosion, flood, fire, power failure, embargos, boycotts, governmental or military action, war, terrorism, or any order modification by Purchaser): (i) except as set forth in the Proposal, Purchaser agrees to pay Company invoices upon notification that the Goods are ready for shipment in accordance with the shipping schedule and to reimburse Company for expenses incident to such delay including, without limitation, the cost of engineering, the cost of Goods and labor escalations; maintaining, repairing, refurbishing and replacing Goods; and storage, demurrage, and pullout charges from installation site; and (ii) the time for delivery of the Goods and performance of the Services will be extended for a period at least equal to the time lost by reason of the delay, and Company will not be liable for any damages caused by the delay and such delay shall not be considered a breach or default by the Company. No obligation of a party to pay money otherwise due is subject to any delay condition.
13. PATENT INDEMNITY: Company agrees to indemnify and hold Purchaser harmless from any damages that may be awarded against Purchaser in any final appealable judgment based upon a claim that the Goods or its use infringes any currently existing United States patents owned by third parties, provided that Purchaser notifies Company in writing, within ten (10) days of Purchaser’s knowledge of any such claim, and gives Company the exclusive control of the defense and settlement of any claim, including at Company’s option, the right to: (i) make changes in the Goods; (ii) replace the Goods; and/or (iii) obtain a license; to avoid any alleged infringement. Company shall have no obligation hereunder with respect to claims, suits or proceedings, resulting or related, in whole or in part, from: (i) any modifications or alterations of the Goods by Purchaser; (ii) any combining by Purchaser of the Goods with other equipment not furnished by Company; (iii) compliance by Company with Purchaser’s specifications; or (iv) incorporating a design or modification at Purchaser’s request.
14. ASSIGNMENT/SUBCONTRACTS: Neither Party shall delegate the performance of any obligation hereunder, nor assign any rights arising under the Agreement, to any third person without the prior written consent of the other Party; provided, however, each party shall have the right to assign this Agreement to an entity which purchases all or substantially all of the assets of such party.
The Parties agree that consent shall not be unreasonably withheld. Company reserves the right to use subcontractors in the performance of any services to be performed by Company.
15. CONFIDENTIALITY: The Agreement, any information marked as confidential and any other information (written/electronic/oral) which is of the nature that a reasonable person would understand its owner would not want it disclosed to the public will be considered to be “Confidential Information” of Company. Further, Confidential Information of Company shall also include (i) any document or data transaction between the parties, (ii) matters of a technical nature such as trade secret processes or devices, know-how, drawings, specifications, proposals, data, formulas, software, inventions (whether or not patentable or copyrighted), specifications and characteristics of products or services planned or being developed, and research subjects, methods and results, (iii) matters of a business nature such as information about costs, profits, pricing, policies, markets, sales, suppliers, customers, product plans, and marketing concepts, plans or strategies, (iv) matters relating to project initiatives and designs, (v) matters of a human resources nature such as employment policies and practices, personnel, including individual names, address, and telephone numbers, compensation and employee benefits, and/or (vi) other information of a similar nature not generally disclosed to the public. Purchaser shall not use or disclose Confidential Information except to its employees subject to a similar confidentiality agreement, who have a need to know to perform their responsibilities. The obligations set forth herein to maintain confidentiality shall not apply to Confidential Information that: (i) Purchaser can document was rightfully in the public domain prior to disclosure or becomes publicly known through no fault of the Purchaser; (ii) Purchaser can document through written evidence dated prior to the date of disclosure, was rightfully known to the Purchaser prior to disclosure; (iii) is disclosed to Purchaser by a third-party, rightfully in possession of the Confidential Information and not in violation of a confidentiality agreement with Company or other restriction on use; or (iv) was independently developed by Purchaser without the use of or reference to the Confidential Information. Any separate confidentiality agreement executed between the parties shall continue to remain in full force and effect.
16. CHANGES IN LAWS AND REGULATIONS: Company’s prices and timely performance are based on all applicable laws, rules, regulations, orders, codes, standards or requirements of governmental authorities effective on the date of Company’s Proposal. Any change to any law, rule, regulation, order, code, standard or requirement which requires any change hereunder shall entitle Company to an equitable adjustment in the prices and any time of performance.
17. MISCELLANEOUS:
a. Entire Agreement. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement, understanding, discussions, representations or proposals made between the parties. The terms of this sale are expressly limited to the terms and conditions set forth in the Agreement. Any changes, modifications, or additions to the Agreement are binding and enforceable only if made in writing and signed by the respective parties. Any and all terms set forth on Purchaser’s purchase order or otherwise proposed by Purchaser are hereby objected to and shall be void unless expressly agreed to in a written document signed by both parties. b. Governing Law. The Agreement shall be interpreted and enforced in accordance with the substantive laws of the State of California without regard to its conflicts of law principles. Any legal suit, action or proceeding arising out of or related to this Agreement, or the matters contemplated this Agreement, shall be instituted exclusively in the federal or state courts located in Los Angeles, California, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens.
c. Severability. The invalidity or unenforceability of any provision of the Agreement shall not affect the enforceability or validity of the remaining provisions, and the Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. d. Nonwaiver. Failure of either party to require performance of any provision shall not affect its right to thereafter require full performance of that provision. The waiver by either party of a breach of any provision shall not constitute a waiver of any subsequent breach or nullify the effectiveness of such provision. e. Captions. Captions preceding Articles are for convenience only and are not to be construed as part of the Agreement or as a limitation of the scope of the Article to which they refer. f. Third Party Beneficiaries. Except as provided for in Section 5, no provision of these Terms and Conditions is intended to confer any rights, benefits, remedies, obligations, or liabilities hereunder
11.7.b
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 74
Mc Murray Stern
QUOTATION
15511 Carmenita Rd
Santa Fe Springs, CA 90670
# 28303-52475
Phone: (562) 623-3000
Fax: (562) 623-3039
http://www.mcmurraystern.com/
VALID UNTIL 3/10/2023
upon any person other than the parties and their respective successors and permitted assigns. g. Ambiguities. Each party and its counsel have participated fully in the review and revision of the Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting the Agreement. h. Data Destruction. At the termination of this Agreement, Customer will provide Company with a list of all confidential Customer data it wishes to have Company destroy. Company will destroy all confidential Customer data and provide confirmation of such destruction sixty (60) days after receipt of such list. i. Independent Contractor. Each party shall be considered to be an independent contractor under the Agreement. The relationship between the parties shall not be construed to be that of employer and employee, nor to constitute a partnership, joint venture, or agency of any kind. Neither party shall have the right to bind the other party to any contract or other commitment. h. Survival. All indemnity provisions contained in this Agreement will survive the expiration or sooner termination of this Agreement.
11.7.b
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 75
Mc Murray Stern
DEPOSIT INVOICE
15511 Carmenita Rd
Santa Fe Springs, CA 90670
# 28303-52475-0
Phone: (562) 623-3000
Fax: (562) 623-3039
http://www.mcmurraystern.com/
1/10/2023
Bill To
Install To / End User
City of Chino
Finance Dept Attn: A/P
P.O. Box 667
Chino, CA 91708-0667
909-334-3250
Or email invoices to: [email protected]
Chino, City of
Police Department
5450 Guardian Way
Chino, CA 91710
PROJECT #
SALESPERSON
QUOTE NAME
PROJECT NAME
28303
David Cagle
02) Chino PD - Updated Sourcewell Contract
#010920-SPC
Chino PD Homicide Evidence Storage
Deposit Details Summarized by Phase
Option Phase Price Tax Total Deposit Amount
Chino PD - Updated Sourcewell Contract
#010920-SPC
Standard Mobile $77,401.98 $5,998.66 $83,400.64 $0.00
Total
$77,401.98 $5,998.66 $83,400.64 $0.00
Order Total
$77,401.98
Sales Tax
$5,998.66
Total
$83,400.64
0% Deposit Due
$0.00
11.7.b
Award of Contract - Police Dept. Evidence Storage Room- Packet Pg. 76
Revenue: Expenditure: 65083101-48090-IB238
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
COMMUNITY SERVICES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, COMMUNITY SERVICES DIRECTOR
SUBJECT: AWARD OF CONTRACT - CENTRAL PLANT COOLING TOWER REPLACEMENT PROJECT (IB238).
RECOMMENDATION
1) Award a contract in the amount of $50,022 to CE Mechanical, Inc., Chino, CA for the Central Plant Cooling Tower Replacement project (IB238); 2) authorize expenditures of up to $7,503.30 for project contingencies for a total contract not to exceed $57,525.30; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2022-23 Building Management Fund Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
• Fiscal Responsibility
11.8 CONSENT CALENDAR
Packet Pg. 77
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: AWARD OF CONTRACT - CENTRAL PLANT COOLING TOWER REPLACEMENT PROJECT (IB238)
PAGE 2
BACKGROUND
The Fiscal Year 2022 -23 Building Management Fund budget provides funding for the Central Plant Cooling Tower Replacement Project (IB238) . The Central Plant cooling tower is approximately twenty years old and is at the end of its lifecycle. The cooling tower runs cool water to the chiller condenser, sending chilled water to the air handler units providing cool air to City Hall.
The project scope of work will consist of the removal and replacement of the internal parts of the existing cooling tower, cleaning the interior walls, installation of new liners, float box, bearings, sheaves, and belts.
ISSUES/ANALYSIS
Staff prepared specifications for the project and solicited bid proposal from qualified contractors.
Three bids were accepted electronically with the following results:
Company Name Total Bid Amount
1 CE Mechanical, Inc. $50,022.00
2 Factory Authorized Service, Inc. $56,972.00
3 Air Treatment Corporation $58,793.00
The lowest bid was submitted by CE Mechanical, Inc., Chino, CA in the amount of $50,022. Staff subsequently reviewed CE Mechanical, Inc.'s proposal submitted for the project and determined them to be a responsi ve and responsible bidder. In addition to the contract amount, staff is requesting authorization to spend up to $7,503.30 for project contingencies for unanticipated work bringing the potential total construction cost to $57,525.30.
Attachments: CE Mechanical, Inc. - Bid Proposal
CE Mechanical, Inc. - Agreement
11.8 CONSENT CALENDAR
Packet Pg. 78
01225.0006/515653.2
Contract No.:
Approved:
AGREEMENT
“CENTRAL PLANT COOLING TOWER REPLACEMENT PROJECT”
THIS AGREEMENT is made and entered into this 7th day of February, 2023 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and C.E.
Mechanical, Inc., hereinafter called “Contractor”.
WITNESSETH, that the parties hereto mutually agree as follows:
ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled “CENTRAL PLANT COOLING TOWER REPLACEMENT PROJECT” in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.
ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work.
City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Fifty Thousand Twenty-Two Dollars and No Cents ($50,022.00) for completion of the contract work.
ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV: Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within sixty (60) working days from the date on which the work was started. If the work is not completed within said time period, liquidated damages shall apply.
ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post-Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorpor ated in to and made part of this
11.8.a
Award of Contract - Central Plant Cooling Tower
Packet Pg. 79
01225.0006/515653.2
Agreement.
ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corpor ation, partnership or association in which he is interested, in violation of any State statute or regulation.
Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which
11.8.a
Award of Contract - Central Plant Cooling Tower
Packet Pg. 80
01225.0006/515653.2
may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be constru ed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.
ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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01225.0006/515653.2
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.
Approved as to Form: Approved as to Content:
City Attorney Silvia Avalos , Director of Community
Services
CONTRACTOR
Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)
CITY OF CHINO
Dated:
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
Date
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PROJECT PROPOSAL
Building: Central Plant & Former PD HQ
Project: Recold Cooling Tower
January 10, 2023
JASON WITTEN
C.E. Mechanical | 13327 Elliot Ave. | Chino, CA 91710
License No. 765670
Email: [email protected]
Office: (909)548-0925
Mobile: (909) 306-8748
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Award of Contract - Central Plant Cooling Tower
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P.O. Box 891, Chino, CA 91708 | 13327 Elliot Avenue, Chino CA 91710 P: (909) 548-0925 | Remit Approval to: [email protected] Contractor Lic. No: 765670
P.O. Box 891, Chino, CA 91708 | 13327 Elliot Avenue, Chino CA 91710 P: (909) 548-0925 | Remit Approval to: [email protected] Contractor Lic. No: 765670
HVAC Service Project Proposal
Date: January 10, 2023 Site Location: 13220 Central Ave Chino, CA 91710 To: City of Chino Proposal No.: PS-122-732166
Attn: City of Chino
Description of Work Proposed: Refurbish Recold Cooling Tower
C.E. Mechanical, Inc., is pleased to present the following proposal for the above -referenced site location:
SCOPE OF WORK:
• C.E. Mechanical to LOTO the cooling tower and help Engineering to isolate all chemical, electrical, and water supplies
• CJS To remove the existing fill media and drift eliminators and dispose of in customer supplied container
• CJS to remove the distribution system header pipes, clean and replace all of the nozzles and grommets
• CJS to sandblast the interior of the cooling tower from the top to the bottom cold-water basin to bright metal, clean and prep the material for the coating system • CJS to apply a 2-part epoxy liner to the side walls from the top at the drift eliminator location to the bottom of the cold-water basin
• CJS to install seamless cold water basin liner to prevent further degradation of material and prevent leaks
• CJS to remove and replace the floor of the external float box and install seamless liner in the float box
• CJS to install new fill and drift eliminators on the existing supports • CJS to reinstall existing headers with new nozzles
• CJS to remove and replace the pillow block bearings and provide a new belt adjusted to factory specs
• C.E. Mechanical to remove LOTO from disconnect and help Engineering put tower back online and test operation
• C.E. Mechanical to make sure all trash has been removed from work area The total cost to perform the above-described scope of work is $50,022.00, all labor and materials inclusive. This Proposal is valid for 60 days from the date of issuance, and subject to approval thereafter.
EXCLUSIONS:
1. Any work not listed in the scope above
2. Weekends and afterhours
PROPOSAL ACCEPTANCE
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Award of Contract - Central Plant Cooling Tower
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P.O. Box 891, Chino, CA 91708 | 13327 Elliot Avenue, Chino CA 91710 P: (909) 548-0925 | Remit Approval to: [email protected] Contractor Lic. No: 765670
The price, specifications and conditions of this proposal are satisfactory and hereby acceptable. I/we have read, understand and agree to the Terms and Conditions set forth on the following pages and hereby incorporate the same as part of the Proposal. I/we hereby authorize C.E.
Mechanical, Inc., to perform the work described above. I/we agree to make all payments set forth above including any changes that may be occur during performance of the scope of work described herein.
CITY OF CHINO C.E. MECHANICAL, INC.
Signature Signature
Name: Name: Jason Witten
Title: Title: Project Manager
Date: Date: 1/10/2023
PO:
11.8.b
Award of Contract - Central Plant Cooling Tower
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P.O. Box 891, Chino, CA 91708 | 13327 Elliot Avenue, Chino CA 91710 P: (909) 548-0925 | Remit Approval to: [email protected] Contractor Lic. No: 765670
CONTRACT CLARIFICATIONS
Engineering Inclusions Yes No Specialty Services Included Yes No Mechanical Engineering X Air Balance X
Electrical Engineering X Water Balance X
Structural Calculations X Commissioning X
Full Structural Engineering X Herz Testing X
Controls X Pre-Measurement X
Mechanical Drawings X Refrigerant Recovery X
Electrical Drawings X Demo of Old Equipment’s X
Structural Drawings X Recycling X
Control Drawings X Salvage rights to C.E. Mechanical Inc. X As-Build Drawings X As-Build Drawings X
Other: Plan Check Fee X Other: Video Inspection X
Permit Inclusions Yes No Project Work Hours Yes No
Mechanical X Normal Business Hours X
Electrical X Shift Time X
Structural X Overtime X
Controls X Holiday X
Plan Check Fees X Normal Business Hours & Overtime X Street Closures X Double Time X
Other: X Other X
Bonding Requirements Yes No Subcontractors Yes No
Performance X Electrical X
Payment X General Construction X
Other X Concrete X
Equipment Handling Yes No Water Treatment X
Crane X Controls X
Helicopter X Insulation X
Rigging Service X Roofing X
Others X Other: CJS Cooling Tower Service X
Deliverables Upon Completion Yes No Project Warranty Period Yes No Factory-Authorized Setup X One(1) Year Parts & Labor from Date of Equipment beneficial use X
Warranty Letter X Two(2) Years Parts & Labor from Date of Equipment beneficial use X
Owner Training X Two(5) Years Parts & Labor from Date of Equipment beneficial use X
O & M Manuals X Other: X
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Award of Contract - Central Plant Cooling Tower
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P.O. Box 891, Chino, CA 91708 | 13327 Elliot Avenue, Chino CA 91710 P: (909) 548-0925 | Remit Approval to: [email protected] Contractor Lic. No: 765670
TERMS AND CONDITIONS
1. GENERAL: All proposals/agreements (“Proposal” or “Agreement”) by Contractor, all acceptances of orders, all materials supplied, and services performed, by Contractor are expressly limited to the following Terms and Conditions. Any additional, inconsistent or different terms proposed by Customer, whether in writing or otherwise, are hereby objected to and rejected. Neither Contractor’s acceptance of Customer’s order nor performance of services shall constitute its assent to any different or additional terms contained in Customer’s business forms.
2. IMPAIRMENT OR INSOLVENCY: If Customer becomes insolvent, or if Customer fails to maintain its account with Contractor on a current basis, or if Contractor reasonably believes that Customer may fail to perform under the above conditions, or if Customer has failed to perform completely on any other contract with Contractor, then Contractor may at its option, refuse further services under this agreement, stop delivery of any materials in transit and/or may cancel agreement without liability to Customer. Customer remains liable for the payment of all materials previously delivered and any work performed by Contractor prior to the termination. Contractor’s termination of the Agreement shall in no way prejudice any other rights or remedies Contractor may have under this Agreement.
3. MOLD: Mold may typically be found anywhere that water is found. Some types of mold have been shown to have adverse health effects on people. Contractor makes neither any express nor implied warranties concerning mold. Customer hereby agrees that Contractor shall not be responsible for, and hereby waives and releases Contractor from any claims, damages, actions, costs or other liabilities, whether direct or indirect, that may be caused by, resulting from or relating to, mold, or by some other agent, that may or may not be associated with defects in construction including, but not limited to, property damage, personal injury, loss of income, emotional distress, anxiety, embarrassment, humiliation, mental anguish, death, loss of use, loss of value, and any adverse health effect, or any other effect on Customer and/or Customer’s family, friends or invitees. The discovery and/or removal of testing of any mold or any hazardous materials as defined by the Environmental Protection Agency (EPA) is excluded from the scope of work. Contractor reserves the right to stop work until such time as materials are removed.
4. AGREEMENT ENTIRETY: This Proposal shall constitute the entire agreement and understanding between Customer and Contractor and any prior understandings or representations of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent the same is/are incorporated within the Agreement. Contractor and Customer acknowledge that there are no covenants, representations, warranties, agreements, or conditions, either expressed or implied, which in any way affect, or are a part of, or relate to this Agreement, except for those expressly set forth herein above.
5. MODIFICATION: Any modification of this Agreement other than as specified herein and/or any contract document shall be binding only if evidenced in writing sighed by both Contractor and Customer or an authorized representative of either.
6. GOVERNING LAW: This Proposal and all rights and duties of Contractor and Customer shall be governed by the laws of the State of California. Any claims, causes of action or suits by Customer shall be brought in San Bernardino County, CA.
7. The Customer shall permit and provide the Company free, safe, and timely access to areas and equipment, and allow the Company to start and stop the equipment as necessary to perform required services. All planned work under this Proposal will be performed during the Company’s normal working hours. Any additional equipment needed to provide service will be the responsibility of the Customer, unless otherwise stated in this Proposal.
8. In case of any failure to perform its obligations under this Proposal, the Company’s liability shall be limited to repair or replacement, at its option, and such repair or replacement shall be the Customer's sole remedy. This warranty is conditioned upon proper operation and maintenance by the Customer and shall not apply if the failure is caused or contributed to by accident, alteration, abuse, or misuse, and shall not extend beyond the work performed pursuant to this Proposal.
9. The Proposal price is conditioned upon the system(s) covered being in a maintainable condition. If the initial inspection or initial seasonal start-up indicates repairs are required, a firm quotation will be submitted for the Customer's approval. Should the Customer not authorize the repairs, the Company may either remove the unacceptable system(s), component(s), or part(s) from its scope of responsibility, adjust the Proposal price accordingly or cancel this Proposal.
10. The Customer shall permit and provide the Company free, safe, and timely access to areas and equipment, and allow the Company to start and stop the equipment as necessary to perform required services. All planned work under this Proposal will be performed during the Company’s normal working hours. Any additional equipment needed to provide service will be the responsibility of the Customer, unless otherwise stated in this Proposal.
11. In case of any failure to perform its obligations under this Proposal, the Company’s liability shall be limited to repair or replacement, at its option, and such repair or replacement shall be the Customer's sole remedy. This warranty is conditioned upon proper operation and maintenance by the Customer and shall not apply if the failure is caused or contributed to by accident, alteration, abuse, or misuse, and shall not extend beyond the work performed pursuant to this Proposal.
12. The Proposal price is conditioned upon the system(s) covered being in a maintainable condition. If the initial inspection or initial seasonal start-up indicates repairs are required, a firm quotation will be submitted for the Customer's approval. Should the Customer not authorize the repairs, the Company may either remove the unacceptable system(s), component(s), or part(s) from its scope of responsibility, adjust the Proposal price accordingly or cancel this Proposal.
13. This Proposal price is subject to adjustment on each commencement anniversary to reflect increases in labor, material, and other costs.
14. The Customer shall be responsible for all taxes applicable to the services and/or materials hereunder including, but not limited to, increased refrigerant taxes, handling costs, and any government-imposed regulations.
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P.O. Box 891, Chino, CA 91708 | 13327 Elliot Avenue, Chino CA 91710 P: (909) 548-0925 | Remit Approval to: [email protected] Contractor Lic. No: 765670
TERMS AND CONDITIONS (CONT.)
15. The Customer shall promptly pay invoices within 30 days of mailing. Should a payment become 45 or more days delinquent, the Company may stop all work under this Proposal without notice and/or cancel this Proposal, at which point, the entire Proposal amount shall become due and payable immediately upon demand.
16. This Proposal applies only to the maintainable portions of the system(s). Repair or replacement of non-maintainable parts such as, but not limited to, duct work, boiler shell and tubes, cabinets, refractory material, heat exchangers, main power service, electrical disconnect, variable frequency drives and wiring, piping, tube bundles, valve bodies, coils, structural supports, oil storage tanks, casings, towerfill, and other similar items are excluded.
17. If any alteration to or deviation from this Proposal involves extra work, the cost of material or labor will become an extra charge (fixed-price amount to be negotiated or on a time-and-material basis at the Company’s rate then in effect) over the sum stated in this Proposal.
18. The Company will not be required to move, replace, or alter any part of the building structure in the performance of this Proposal.
19. This Proposal does not include responsibility for design of the system, obsolescence, safety test, removal and reinstallation of valve bodies and dampers, repair or replacement necessitated by freezing weather, electrical power failure, power surges, low voltage, burned-out main or branch fuses, low water pressure, vandalism, misuse or abuse of the system(s), negligence of others (including the Customer), failure of the Customer to properly operate and/or maintain the system(s), requirements of governmental, regulatory or insurance agencies, or other cases beyond the Company’s control.
20. If a trouble call is made at the Customer's request and the inspection indicates a condition which is not covered under this Proposal, the Company may charge the Customer at the rate then in effect for such services.
21. The Customer shall permit only Company personnel or its agents to perform the work included in the scope of this Proposal. Should anyone other than Company personnel perform such work, the Company may, at its option, cancel this Proposal or eliminate the involved item of equipment from inclusion in this Proposal.
22. Any legal action against the Company relating to this Proposal, or the breach thereof, shall be commenced within one year from the date of the work.
23. The Company shall not be liable for any delay, loss, or damage, caused by unavailability of machinery, equipment, or materials, delay of carriers, strikes, including those by the Company’s employees, lockouts, civil military authority, priority regulations, insurrection, or riot, action of the elements, forces of nature, pandemics, epidemics, or by any cause beyond its control.
24. To the fullest extent permitted by law, the Customer shall indemnify and hold harmless Company, its agents and employees from and against all claims, damages, losses and expenses including, but not limited to, attorney’s fees, arising out of or resulting from the performance of work hereunder, provided that such claim, damage, loss or expense is caused in whole or in part by an active or passive act or omission of the Customer, anyone directly or indirectly employed by the Customer, or anyone for whose acts the Customer may be liable, regardless of whether it is caused in part by the negligence of the Company.
25. The Customer shall make available to Company personnel, all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA's Hazard Communication Standard Regulations.
26. The Company’s obligation under this Proposal and any subsequent contract(s) does not include the identification, abatement, or removal of Asbestos or any other toxic or hazardous wastes or hazardous materials. In the event such substances, wastes or materials are encountered, the Customer’s obligation will be to notify the Company of its existence. The Company shall have the right, thereafter, to suspend its work until such substances, wastes or materials and the resultant hazards are removed. The time for completion of the work shall be extended as a result of the suspension and the contract price equitably adjusted.
27. MEDIATION: These parties shall mediate any dispute or claim arising between them out of this Proposal, or any resulting transaction, before resorting to binding arbitration. Mediation shall be conducted (i) within 60 days after any party requests same in writing, (ii) by a retired Judge at either JAMS (Judicial Arbitration Mediation Service), Judicate West or ADR Services, Inc. The mediation shall be conducted in San Bernardino County. Mediation fees shall be divided equally among the parties involved. If either party (a) commences an arbitration without first attempting to resolve the matter through mediation, or (b) before commencement of arbitration, refuses to cooperate in the selection of a Mediator and/or the scheduling and conduct of the mediation, after a mediation request has been made, then that party shall not be entitled to recover any attorney’s fees, even if they would otherwise be available to that party in any such arbitration.
28. ARBITRATION: Any dispute arising out of or related to the performance of the work or the interpretation of this Proposal, which has not been resolved by mediation, shall be decided by binding arbitration through JAMS, Judicate West or ADR Services, Inc. A final judgment may be entered on the arbitration award. Any party, without waiving the right to arbitrate, may apply to the court for provisional relief, writs, attachments, or injunctions that may not otherwise be available in arbitration. The Arbitrator may award reasonable attorney’s fees and costs to the prevailing party. Additionally, the Arbitrator may award any interlocutory and permanent relief that could be awarded by a court.
UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL THE
COMPANY BE RESPONSIBLE FOR LOSS OF USE, LOST OR DIMINSHED PROFITS, INCREASED OPERATING EXPENSES, CLAIMS OF THE CUSTOMER'S TENANTS OR CUSTOMERS, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
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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: FEBRUARY 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: ANNEXATION TO THE LANDSCAPE AND LIG HTING DISTRICT FOR THE CHINO HILLS ANIMAL HOSPITAL ADDITION PROJECT - 3415 CHINO AVENUE (PL18-0106).
RECOMMENDATION
1) Conduct a public hearing; 2) approve Resolution No. 2023 -007 ordering the annexation of Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 89); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There is no direct 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
12.9 PUBLIC HEARING
Packet Pg. 89
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: ANNEXATION TO THE LANDSCAPE AND LIGHTING DISTRICT FOR THE CHINO HILLS ANIMAL HOSPITAL ADDITION PROJECT - 3415 CHINO AVENUE (PL18-0106) PAGE 2
BACKGROUND
On February 19, 2021, the Development Services Department administratively approved the application presented by the Chino Hills Animal Hospital located at 3415 Chino Avenue, to construct a 2,907 -square foot building addition with related site impro vements. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Minor New Construction.
As part of the Engineering Conditions of Approval requirements, the applicant is required to design and construct certain public improvements along the perimeter of Chino Avenue including, but not limited to, curb and gutter, sidewalk, asphalt concrete overlay, new streetlight, parkway landscaping, traffic signal interconnect, and driveway approaches.
The Conditions of Approval also require that the owner of Chino Hills Animal Hospital annex the property to the City’s Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 89) for public street light maintenance along the project’s frontage, within the right-of way.
On December 6, 2022, the City Council approved Resolution 2022-080 ordering the preparation of an Engineer’s Report estimating the annual assessment for each parcel for lighting facility maintenance and initiated the annexation process. By way of ballots ma iled to the property owners, the property owners are requested to register their support or protest for the annexation to Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 89). The ballots are to be tabulated at a public hearing held no sooner than 45 days after the ballots have been mailed.
ISSUES/ANALYSIS
The property owner has filed the required petition to be annexed into the City’s Landscape and Lighting District, to include one existing streetlight and one proposed streetlight fronting the project on Chino Avenue. The property owner has also filed with the City Clerk an assessment ballot in favor of the annexation, as per the Conditions of Approval. However, the property owner has expressed concerns regarding the responsibility of annual assessments. According to State law, if a petition to the City of Chino to undertake annexation proceedings, and an assessment ballot in favor of the proposed assessment are obtained from property owner involved in the annexation, the City Council may com plete the annexation by adopting a resolution annexing the project into the City’s Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 89).
It is estimated that the annual assessment for this project will be $258.45 for the first year. The actual assessment will be based on actual costs, and the assessment amount is subject to change each year to account for maintenance and energy cost changes up to the annual Consumer Price Index for the region. The annexation and regular maintenance of these streetlights will help ensure the City continues providing excellent public service in partnership with the property owner and an overall positive City image with the completion of the required public improvements.
Attachments: Exhibit A - Location Map
Exhibit B - Resolution No. 2023-007
12.9 PUBLIC HEARING
Packet Pg. 90
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: ANNEXATION TO THE LANDSCAPE AND LIGHTING DISTRICT FOR THE CHINO HILLS ANIMAL HOSPITAL ADDITION PROJECT - 3415 CHINO AVENUE (PL18-0106) PAGE 3
Exhibit C - Engineer’s Report
12.9 PUBLIC HEARING
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(Existing)
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Annexation to the LLD - Chino Hills Animal Hospital - 3415 Packet Pg. 92
RESOLUTION NO. 2023-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, ORDERING THE ANNEXATION OF PL18-0106 TO
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
(ANNEXATION/ZONE NO. 89)
WHEREAS, the City Council of the City of Chino, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972" being Division 15, Part 2, of the Streets and Highways Code of the State of California; said special maintenance district known and designated as Landscaping and Lighting District No. 89 (hereinafter referred to as the "Maintenance District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of addit ional territory to the Maintenance District; and
WHEREAS, there has been submitted a map showing the parcels and property proposed to be annexed and included within the boundaries of the Maintenance District; and
WHEREAS, the owners of property within the territory proposed to be annexed to the Maintenance District have filed, with the City Clerk, a Petition to the City of Chino to undertake annexation proceedings and an Assessment Ballot in favor of the proposed assessment for the territory proposed to be annexed; and
WHEREAS, at this time, this legislative body desires to annex that property shown on the map submitted herewith, and to formally accomplish the annexation proceedings to allow said property to be included within the boundaries of the Maintenance District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the map attached hereto as Exhibit "A" is hereby approved and adopted, and the original of said map shall be kept on file in the office of the City Engineer.
SECTION 3. That this legislative body hereby orders the annexation of all the property as set forth and shown on the map as previously approved and, upon adoption of this Resolution, said property shall be formally included in, and become a part of, the Maintenance District and be subject to future assessments to pay for the costs and expenses of the authorized maintenance and services as necessary for the Maintenance District.
SECTION 4. That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder.
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Annexation to the LLD - Chino Hills Animal Hospital - 3415 Packet Pg. 93
RESOLUTION NO. 2023-007
PAGE 2
APPROVED AND ADOPTED THIS 7TH DAY OF FEBRUARY 2023.
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, CITY CLERK
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Annexation to the LLD - Chino Hills Animal Hospital - 3415 Packet Pg. 94
RESOLUTION NO. 2023-007
PAGE 2
State of California )
County of San Bernardino ) ss.
City of Chino )
I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting held on the 7th day of February 2023, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
Attachments: Exhibit A
Petition for Annexation Proceedings
Assessment Ballot
12.9.b
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12.9.c
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12.9.d
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12.9.d
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CITY OF CHINO, CALIFORNIA
COUNTY OF SAN BERNARDINO
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ANNEXATION NO. 89 ZONE NO. 89
PL18-0106 ADMINISTRATIVE APPROVAL
(CHINO HILLS ANIMAL HOSPITAL & PET RESORT)
ENGINEER’S REPORT
FISCAL YEAR 2022-2023
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Annexation to the LLD - Chino Hills Animal Hospital - 3415 Packet Pg. 101
ENGINEER’S REPORT
PL18-0106 ADMINISTRATIVE APPROVAL
NOVEMBER 15, 2022 Page 2 of 3
Section 1. – Authority of Report
This report is in compliance with the requirements of Article 4, Chapter 1, Part 2, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972).
Section 2. – General Description
The City C ouncil has requi red that developers of residential tracts or commercial/industrial parcels annex said property to the Landscaping and Lighting District No. 2002-1 for the purpose of off -setting the costs associ ated with maint aining, opera ting and servicing of common landscaped areas and street lights in said property. The designated contiguous property to be annexed is described as follows:
PL18-0106 ADMINISTRATIVE APPROVAL
ANNEXATION/ZONE NO. 89
Construction of a 2,907 square foot building addition for an existing veterinary hospital.
Section 3. – Maintenance
Detailed maintenance activities shall include:
A. STREET LIGHTS – The repair, removal or replacement of all or any part necessary to provide for th e normal operation and maint enance of street lights. Routine repairs include replacement of the light bulb, fuse or photocell. Extraordinary repai r includes replacement of the ballast, luminaire or correction of a wiring problem. Also included are the energy costs of the street light system.
Section 4. – Plans and Specifications
Plans and specifications for the landscaping and street lighting have been prepared and will be approved as a part of the improvement plans.
In conformance with the Conditions of Approval, and by referen ce, they are made a part of this report t o the same extent as if said p lans and specifications were attached hereto. Exhibits define the boundaries of the proposed annexation and the maintenance area. These plans and exhibits are on file and available fo r review in the Public Works Department a nd, in conjunction with County Assessor’s maps of the area to be annexed, comprise the assessment diagrams for the respective annexations. The said Assessor’s maps are on file in the off ice of the County Assessor and are by reference made a part of this r eport to the same extent as if they were attached hereto.
Section 5. – Estimated Cost and Assessments
No City costs will be incurred for parkway or street light improvement co nstruction. All improvements will be constructed by the developer. Based on d ata from other cities, contrac t analysis and developed work standards, it is estimated that the total maintenance cost for street lighting will be approximately $258.45 for the first year for PL 18 -0106 ADMINISTRATIV E APPROVAL. This cost is estimated only ; actual assessment will be based on actual cost data.
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Annexation to the LLD - Chino Hills Animal Hospital - 3415 Packet Pg. 102
ENGINEER’S REPORT
PL18-0106 ADMINISTRATIVE APPROVAL
NOVEMBER 15, 2022 Page 3 of 3
The estimated total costs for Annexation No. 89 into Landscaping and Lighting District No. 89 are shown below.
PL18-0106 ADMINISTRATIVE APPROVAL
ANNEXATION/ZONE NO. 89
ESTIMATE OF THE COST OF MAINTENANCE WORK
Annual Maintenance Cost of City-Owned Street Lights
LOCATION
LAMP TYPE
NO. OF
LIGHTS
ENERGY COSTS
PER YEAR
MAINTENANCE
COSTS PER YEAR
TOTAL
Interior
4,000-LED (32 watts)
$ 12.00/Lamp +
$12.00/Lamp
$
-0-
Interior 4,000-LED (41 watts) $ 14.00/Lamp + $12.00/Lamp $ -0- Interior 8,500-LED (88 watts) $ 30.00/Lamp + $12.00/Lamp $ -0- Interior 10,000-LED (90 watts) $ 32.00/Lamp + $12.00/Lamp
l
Subtotal = (a)
$
-0-
Perimeter
4,000-LED (32 Watts)
$ 12.00/Lamp +
$12.00/Lamp
$
-0-
Perimeter 4,000-LED (41 Watts) $ 14.00/Lamp + $12.00/Lamp $ -0- Perimeter 8,500-LED (88 Watts) $ 30.00/Lamp + $12.00/Lamp $ -0- Perimeter 10,000-LED (90 Watts) $ 32.00/Lamp + $12.00/Lamp $ -0- Perimeter 15,000-LED (161 Watts) 2 $ 60.00/Lamp + $12.00/Lamp $ 144.00
Council policy to fund 50% of perimeter costs Subtotal = (b) $ 72.00
Total Annual Cost of Street Lights
= (a + b)
$
72.00 Annual Maintenance Costs Summary
Total Annual Street Light Maintenance Cost $ 72.00
County Assessor Charge ($100 + $0.30/lot) $ 100.30
Total Direct Cost $ 172.30
Supplies and Services (18% of Direct Cost) $ 31.01
Administration (12% of Direct Cost)) $ 20.68
Reserve Funds (20% of Direct Cost) $ 34.46
Total Annual Assessment for this Development $ 258.45
Total Annual Assessment Per Lot $ 258.45
Average Monthly Cost Per Lot $ 21.54
12.9.e
Annexation to the LLD - Chino Hills Animal Hospital - 3415 Packet Pg. 103
Revenue: Expenditure: 5207300-43510
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT: APPROVAL OF AN AGREEMENT WITH POLLAK, VIDA, & BARER.
RECOMMENDATION
1) Appropriate $40,000 from the unappropriated reserves of the Water Fund; 2) approve an agreement with Pollak, Vida, & Barer, Los Angeles, CA in an amount not to exceed $40,000; 3) authorize the City Manager to execute all documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation of $40,000 from the Water Fund 520. There is sufficient fund balance in the reserves of the Water Fund.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Financial Stability
· Responsible Long-Range Planning
· Public Service Excellence through Internal and External Partnerships
13.10 NEW BUSINESS
Packet Pg. 104
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: APPROVAL OF AN AGREEMENT WITH POLLAK, VIDA, & BARER PAGE 2
BACKGROUND
The Chino Basin Watermaster (“Watermaster”) adopted a budget for Fiscal Year 2022-23 that allocated $402,999 to fund a California Environmental Quality Act (“CEQA”) review of potential projects that might be included in the Optimum Basin Management Program 2020 Update ("OBMPU"). As a brief background, OBMPU serves as key pillar to the 1978 Chino Basin Judgment (“Judgement”) which sought to implement practical means to maximize reasonable use of Chino Basin waters.
However, to fund the updates to the CEQA Programmatic Environmental Impact Report, Watermaster will assess this cost to the City of Chino as well as other agencies subject to the Judgment. The City contends that Watermaster's actions are premature for two reasons. First, the City has not agreed to the projects for the OBMPU, and second, the City has not agreed to amend the existing Peace Agreement between Watermaster and Chino Groundwater Basin stakeholders (i.e., agreement among the agencies to responsibly implement the OBMPU).
ISSUES/ANALYSIS
After expressing the City’s concerns in May 2022, and meeting with Watermaster in July 2022, on August 26, 2022, Ontario, Monte Vista Water District, and Chino filed a motion to challenge Watermaster's CEQA actions.
On November 18, 2022, the motion was denied. To assist with the appeal, it is requested that the City Council authorize staff to appropriate money from the Water Fund and enter into an agreement with the law firm, Pollak, Vida & Barer (“PVB”). PVB has extensive experience and success in appeals and will be an invaluable asset for the City throughout this process.
Therefore, it is recommended that the City Council appropriate $40,000 from unappropriated reserves of the Water Fund and enter into an agreement with PVB in a not to exceed amount of $40,000.
Attachment: PVB Agreement.
13.10 NEW BUSINESS
Packet Pg. 105
ATTORNEY-CLIENT HOURLY FEE CONTRACT
This document (the “Agreement”) is the written fee contract that California law requires lawyers to have with their clients. Pollak, Vida & Barer (the “Firm”) will provide legal services to the City of Chino (the “Client”) concerning an appeal of the denial of the 2022 Motion Challenging Watermaster’s Budget Action to Fund Unauthorized CEQA Review (the “Motion”) brought by Client and other entities in the matter of Chino Basin Municipal Water District v.
City of Chino, et al., San Bernardino Superior Court Case No. RCVRS51010 (the “Matter”). The Firm will not render any other service or provide any opinions in the Matter under this Agreement, apart from the tasks listed above. The Firm will not render any service or provide any opinions to the Client under this Agreement regarding any other matter.
1. SCOPE OF SERVICES. The Firm will associate into the Matter as the Client’s associate counsel of record in the Matter, along with the current counsel of record, Jimmy L.
Gutierrez Law Corporation (“Gutierrez Firm”). The Firm will work with the Gutierrez firm in prosecuting an appeal from the denial of the Motion in the Matter. If the Client wishes to change the scope of the Firm’s representation, any such change would be the subject of a new or supplemental Agreement.
2. HOURLY FEES. Client agrees to pay at the rate of $275 per hour for time spent on Client’s matter by the Firm’s partners, $255 per hour for time spent by the Firm’s associates, and $120 per hour for time spent by the Firm’s paralegals.
3. COSTS AND OTHER CHARGES. The Firm may incur various costs and expenses performing legal services under this Agreement. Client agrees to pay for those costs and expenses in addition to the hourly fees. The costs and expenses commonly include mileage for travel, parking, photocopying and other reproduction costs, the cost of obtaining transcripts, and other similar items. All costs and expenses will be charged according to the attached Rate Schedule, or, if not listed on the Rate Schedule, at the Firm’s actual cost.
4. BILLING STATEMENTS. The Firm will send the Client monthly itemized statements for fees and costs incurred. Client shall pay all charges billed within 30 days of the date of each statement.
5. DISCHARGE AND WITHDRAWAL. Client may discharge the Firm at any time. The Firm may withdraw with the Client’s consent or for good cause. Good cause includes: Client’s breach of this agreement; Client’s refusal to cooperate with the Firm or to follow the Firm’s advice on a material matter; Client’s failure to timely pay the Firm’s bills in full; any conflict of interest that should arise between the Firm’s representation of the Client and its representation of or duties to any other clients of the Firm; or any other circumstance that would render the Firm’s continuing representation unlawful or unethical.
6. DOCUMENT RETENTION: It is understood and agreed that the Firm electronically scans and then shreds correspondence, court papers, and other paper documents,
13.10.a
Agreement with Pollak, Vida & Barer
Packet Pg. 106
other than those documents that are required by law or other considerations to be maintained in hard copy. After the Firm’s services conclude, the Firm will, upon Client’s request, deliver to Client Client’s documents (paper and electronic), along with any funds or property of client in the Firm’s possession. If the file remains in the Firm’s possession after the Firm’s services conclude, the Firm may destroy the file three years after the conclusion of the Matter.
7. UNPAID CHARGES: When the Firm’s services conclude, all unpaid charges will immediately become due and payable.
8. NO GUARANTEE OF SUCCESS: The Firm does not guarantee that its efforts on the Client’s behalf will be successful. Payment of the Firm’s fees is not contingent on either the success of the Firm’s efforts or the ultimate success of the Client’s lawsuit.
DATED: February ___, 2023 POLLAK, VIDA & BARER
By:________________________________
Daniel P. Barer
I have read and understand the foregoing terms and those set forth in the attached Rate Schedule and agree to them.
DATED: February ___, 2023
By:________________________________
__________, Representative of the City of
Chino
13.10.a
Agreement with Pollak, Vida & Barer
Packet Pg. 107
RATE SCHEDULE
A. HOURLY RATE FOR ATTORNEYS IS $275 per hour for Partners, and $255per hour for Associates.
B. HOURLY RATE FOR PARALEGALS IS $120 per hour.
C. COSTS AND EXPENSES
In-House Photocopying 25¢ per page
Mileage 66.5¢ a mile
D. SUBJECT TO CHANGE: The rates on this schedule, including the hourly rates of all personnel, are subject to change on 30 days’ written notice. If Client declines to pay any increased rates, Firm will have the right to withdraw as Client’s lawyers.
13.10.a
Agreement with Pollak, Vida & Barer
Packet Pg. 108
Revenue: Expenditure: Various
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT: AMENDMENT TO THE CITY'S CLASSIFICATION AND SALARY SCHEDULE.
RECOMMENDATION
1) Adopt Resolution No. 2023-012, reclassifying the part-time Management Assistant position in the Administration Department to a full -time Management Assistant position and creating the position of Records Technician; 2) appropria te $48,852 from the reserves of the General Fund for salaries; and 3) appropriate $19,541 from the reserves of the Employee Services Fund for benefits.
FISCAL IMPACT
Appropriate $48,852 from the reserves of the General Fund (100) to various accounts within the Administration Department for salaries. Also, appropriate $19,541 from the reserves of the Employee Services Fund (640) for employee benefits. There is sufficient reserves of fund balance within the General Fund and Employee Services Fund.
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:
• Superior Customer Service
• Responsible Long-Range Planning
• Exemplary Leadership
13.11 NEW BUSINESS
Packet Pg. 109
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: AMENDMENT TO THE CITY'S CLASSIFICATION AND SALARY SCHEDULE PAGE 2
BACKGROUND
The City’s Administration Department requires additional staffing to effectively support the City Council and prov ide superior customer care to the public as called for in our Core Organizational Values as well as the Strategic Plan. To better address these needs, the creation of a Records Technician position and the reclassification of an existing Management Assistan t position from part-time to full-time is requested.
The City Clerk’s office currently has two positions - the City Clerk and the Deputy City Clerk.
The same growth over the years that has earned Chino the designation as a “boomtown” has also resulted in significant increases in requests for service as well as in the records management workload in the Clerk’s office. The City Clerk’s office annually responds to over 500 public records requests that vary in complexity and time commitment. They also review and process over 600 contracts/contract amendments each year. A full -time Records Technician position will facilitate timely handling of the City’s continuously growing numbers of public records requests, contracts, and manage the City’s documents in accor dance with a legally mandated records retention schedule and state law. Delegating these essential duties to this newly created position will allow the City Clerk and Deputy City Clerk to focus greater needed attention on producing and publishing City Coun cil agenda packets in a timely manner; completing accurate meeting minutes; ensuring Fair Political Practices Commission compliance; and facilitating elections.
The second request is to reclassify the existing Management Assistant from part -time to ful l- time to accommodate a significantly increased workload. This position is responsible for all budget-related tasks in the Administration Department, including those assigned for the City Council; City Manager; Communications; and, Economic Development. As of January 1, 2023, the Administration Department absorbed the City’s Information Technology Division. Based on the Fiscal Year 2022 -2023, adopted budget, this will increase the Administration Department’s annual budget by over $5 million, generating a si gnificant increase in workload for the Management Assistant including the responsibility of facilitating equipment purchases; monitoring unanticipated expenditures; and, processing scheduling for the additional Division staff members. The Management Assistant position is currently vacant.
ISSUES/ANALYSIS
Approval of this Resolution will “right size” the Administration Department and provide necessary staffing to ensure compliance with State laws and City policies related to records management and retenti on. The requested reclassification, restoring the existing part -time Management Assistant position to full -time will effectively address increased workloads related to the Administration Department budget and fiscal needs, including the addition of the Information Technology Division to the Administration Department.
Attachment: Resolution No. 2023-012
13.11 NEW BUSINESS
Packet Pg. 110
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CERTAIN PORTIONS OF RESOLUTION NOS. 2022- 044, 2022 -045, 2023 -004, AND 20 23-005 OF THE CITY’S CLASSIFICATION AND SALARY SCHEDULE.
WHEREAS, the City Council of the City of C hino has the autho rity to create and maintain position classifications; and
WHEREAS, greater flexibility is desired to meet changing conditions and better serve general organizational needs; and
WHEREAS, the need to add the positions of Management Assistant and Records Technician has been identified; and
WHEREAS, the need to establish the salary range for the position of Records Technician has been identified.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That Resolution Nos. 2022-044 2022-045, 2023-004 and 2023-005 of the City’s Classification and Salary Schedule are revised to establish the following positions and salary range:
Add:
• One (1) Full-Time Management Assistant (Confidential) • One (1) Full-Time Records Technician Position (Confidential)
Non-Sworn Non-Management Class (monthly salary amounts)
2. Except as so modified, Resolution Nos. 2022-044 2022-045, 2023-004 and 2023- 005 of the City’s Classification and Salary Schedule shall remain unmodified and in full force and effect.
APPROVED AND ADOPTED THIS 7th day of February, 2023.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
_____________________________
NATALIE GONZAGA, CITY CLERK
Step A Step B Step C Step D Step E
Records Technician (New) $3,712 $3,897 $4,092 $4,296 $4,511
13.11.a
Reclassification of a Part-Time Management Assistant and Packet Pg. 111
RESOLUTION NO. 2023-XXX
PAGE 2
CITY OF CHINO
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, Natalie Gonzaga , Ci ty Clerk of the City of Chino, do here by certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 7th Day of February, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
__________________________________
NATALIE GONZAGA, CITY CLERK
13.11.a
Reclassification of a Part-Time Management Assistant and Packet Pg. 112
Revenue: Expenditure: VARIOUS
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
HUMAN RESOURCES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES / RISK
MANAGEMENT
SUBJECT: AMENDMENT TO THE CITY'S CLASSIFICATION AND SALARY SCHEDULE.
RECOMMENDATION
Adopt Resolution No. 2023-011, amending the City's Classification and Salary Schedule to provide for the reinstatement of Deputy Director positions in each City Department.
FISCAL IMPACT
There will be no impact to the budget for the current fiscal year.
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:
• Financial Stability
• Responsible Long-Range Planning
• Exemplary Leadership
13.12 NEW BUSINESS
Packet Pg. 113
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: AMENDMENT TO THE CITY'S CLASSIFICATION AND SALARY SCHEDULE PAGE 2
BACKGROUND
The position of Deputy Director has historically been filled in City Departments over the years based on identified organizational ne eds and a focus on creating succession planning .
However, t here are currently only two existing Deputy Director positions, one in the Administration Department and the other in the Development Services Department.
During the most recent Strategic Planning process, the City Council identified several Strategic Issues which serve as the key pillars upon which priorities, goals , and action plans are built.
Exemplary leadership is an especially critical mainstay identified wherein the City is committed to dev eloping a culture that promotes, maintains , and fosters high morale, employee accountability, and positive leadership. An essential element in attaining this goal is establishing a succession plan to further build upon the high-quality leadership that our upper- level managers demonstrate.
ISSUES/ANALYSIS
Establishing a Deputy Director position in each department allows the City to proactively implement a succession plan and incentivize our professionals, with whom the City has overall invested years of ma nagement development, from seeking out promotional opportunities in other organizations. While appointment to the position of Deputy Director is not a promise or guarantee of a promotion to a higher-level position, e.g., Director , it does demonstrate confidence in the individual’s abilities to serve as a leader on a daily basis and to fill in an acting duty capacity in absentia of the Director.
As the City has continued to grow, the complexity and overall workload of Department Directors have evolved as well. One of the many inevitable outcomes of this is limiting the time a Director has to think innovatively and broadly about their areas of responsibility as a whole. Directors make sure the day-to-day duties of their department meet deadlines and are pro duced error- free. This often leaves little time to think outside the box in ways that can ultimately make Chino a stellar City in ways yet to be imagined . With t he Deputy Director position more integrally involved in managing and overseeing the day -to-day operations of each department , this can happen.
The attached Resolution proposes the addition of Deputy Director positions for departments that do not currently have this position allocated as follows: Community Services, Finance, Human Resources/Risk Management, Police, and Public Works.
Attachment: Resolution No. 2023-011
13.12 NEW BUSINESS
Packet Pg. 114
RESOLUTION NO. 2023-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CERTAIN PORTIONS OF RESOLUTION NO. 2022- 044 2022-045, 2023-004 AND 2023-005 OF THE CITY’S CLASSIFICATION AND SALARY SCHEDULE.
WHEREAS, the City Council o f the City of C hino has the autho rity to create and maintain position classifications; and
WHEREAS, greater flexibility is desired to meet changing conditions and better serve general organizational needs; and
WHEREAS, the need to add the position s of Deputy Chief of Police, Dep uty Direc tor of Community Services, Deputy Director of Finance, Deputy Director of Human Resources/Risk Management and Deputy Director of Public Works has been identified.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That Resolution No s. 2022 -044 2022 -045, 2023 -004 and 2023 -005 of the City’s Classification and Salary Schedule are revised to establish the following position:
Add:
• One (1) Full-time Deputy Director of Community Services • One (1) Full-time Deputy Director of Finance
• One (1) Full-time Deputy Director of Human Resources/Risk Management • One (1) Full-time Deputy Chief of Police
• One (1) Full-time Deputy Director of Public Works
2. Except as so modified, Resolution Nos. 2022-044 2022-045, 2023-004 and 2023-005 of the C ity’s Classification and Salary Schedule shall remain unmodified and in full force and effect.
APPROVED AND ADOPTED THIS 7th day of February, 2023.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
_____________________________
NATALIE GONZAGA, CITY CLERK
CITY OF CHINO
13.12.a
Deputy Director Position Reinstatement
Packet Pg. 115
RESOLUTION NO. 2023-011
PAGE 2
State of California )
County of San Bernardino )
City of Chino )
I, Natalie Gonzaga , City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council a t a regular meeting held on the 7th day of February 2023, following a roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
______________________________
NATALIE GONZAGA, CITY CLERK
CITY OF CHINO
13.12.a
Deputy Director Position Reinstatement
Packet Pg. 116
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
HUMAN RESOURCES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES / RISK
MANAGEMENT
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2023-002.
RECOMMENDATION
Approve the introduction of Ordinance No. 2023-002, an Ordinance of the City of Chino Amending Chapter 2.24.070 of the Chino Municipal Code - Personnel System - Exempt Services.
FISCAL IMPACT
None.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
• Exemplary Leadership
13.13 NEW BUSINESS
Packet Pg. 117
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2023-002
PAGE 2
BACKGROUND
Currently, “Section 2.24.070 of the Chino Municipal Code – Exempt Services” designates that Department Directors are exempt from the City’s Personnel Rules . It is proposed that Deputy Directors also be designated as exempt from the City’s Personnel Rules.
ISSUES/ANALYSIS
A valued Deputy Director consistently demonstrates an admirable and effective management style; produces completed staff work; takes initiative; shows dedication to the City; has a commitment to excellence, supports the Strategic Plan, envisions the City’s Mission Statement as they interact with others , and ensur es the goals of the City Manager and the City Council remain foremost. T hey are inherently considered in succession planning and designated to serve in an acting capacity when their supervisor is away. Like those of Directors, their independent actions can have significant and long-lasting consequences as they often serve to represent the City. In each of these ways the status of position classification of Deputy Director is appropriately situated in an “exempt” status making this an at -will employee who works at the pleasure of the City Manager. Changing the status of Deputy Directors according to law will only affect those individuals appointed to this position after the adoption of this Ordinance.
Attachment: Ordinance No. 2023-002
13.13 NEW BUSINESS
Packet Pg. 118
ORDINANCE NO. 2023-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO
AMENDING CHAPTER 2.24 OF THE CHINO MUNICIPAL CODE--
PERSONNEL SYSTEM
WHEREAS, as policies and procedures have been developed by the City exempting certain job classifications from the City’s merit system are periodically evaluated and updated; and
WHEREAS, updating the list of job classifications exempt from the City’s merit system will provide clear direction and consistent application of Council policy.
NOW, THEREFORE, the City Council of the City of Chino does hereby ordain as follows:
Section 1. Section 2.24.070 of the Chino Municipal Code is hereby amended to add:
(k) Deputy Department Directors appointed after February 7, 2023.
Section 2. Except as expressly modified, the provisions of Section 2.24.070 shall remain unmodified and in full force and effect.
APPROVED AND ADOPTED THIS 21st DAY OF FEBRUARY, 2023.
__________________________
EUNICE ULLOA, MAYOR
CITY OF CHINO, CALIFORNIA
ATTEST:
_____________________
NATALIE GONZAGA, CITY CLERK
CITY OF CHINO, CALIFORNIA
13.13.a
Introduction of Ordinance No. 2023-002 - Personnel
Packet Pg. 119
State of California )
County of San Bernardino )
City of Chino )
I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Ordinance was duly and regularly introduced, passed, and adopted by the City Council of the City of Chino at a regular meeting of said City Council held on the 21st day of February, 2023.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
__________________________
NATALIE GONAZAGA, CITY CLERK
CITY OF CHINO, CALIFORNIA
13.13.a
Introduction of Ordinance No. 2023-002 - Personnel
Packet Pg. 120
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: LINDA REICH, CITY MANAGER
FROM: JACK MORGAN, ASSISTANT TO THE CITY MANAGER
SUBJECT: ADOPT RESOLUTION NO. 2023-009.
RECOMMENDATION
Adopt Resolution No. 2023-009, supporting legislation to begin the negotiating process to acquire the former Heman G. Stark Youth Correctional Facility.
FISCAL IMPACT
There is no immediate fiscal impact. All costs associated with the acquisition and/or the site’s planning and development will be funded in the proposed City Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships
13.14 NEW BUSINESS
Packet Pg. 121
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: ADOPT RESOLUTION NO. 2023-009
PAGE 2
BACKGROUND
Located at 15180 Euclid Avenue, the Heman G. Stark Youth Correctional Facility (“HGS”) opened in 1960 in the City of Chino. At the height of its operations, HGS housed approximately 2,000 youth representing roughly a fifth o f the entire population committed to state youth correctional facilities.
Beginning in the mid-2000’s, California State legislation (Legislative Session 2007-2008: Senate Bill 81 and Assembly Bill 191 which directed most youth offenders to county faciliti es) combined with budget constraints ultimately led to multiple youth correctional facility closures across the State - including HGS on February 22, 2010.
At the time of HGS’s closure, the California Department of Corrections and Rehabilitation (CDCR) began utilizing HGS as a reception center to the California Institution for Men - Chino ("CIM") . The long-term plan for HGS included the facility’s complete renovation to support long term occupancy for adult inmates. However, since HGS’s closure, the intended use of long-term occupancy has not occurred.
ISSUES/ANALYSIS
In response to a youth correctional facility closure in its jurisdiction, the City of Norwalk developed State legislation to acquire and develop the site to the benefit of its community. A brief description of this project is provided below:
City of Norwalk - Former Southern Youth Correctional Facility:
Based on the July 2022 Initial Study, this project is situated on the thirty -two-acre site that closed in early 2012. The City of Norwalk w orked with their Assembly Member to adopt Assembly Bill (AB) 518 which authorized the Director of General Services (“DGS”), until January 1, 2025, to sell the property to the City of Norwalk. AB 518 was adopted on September 9, 2020, and the City of Norwalk is continuing to work with DGS on finalizing the acquisition. The proposed development will focus on access to public transit, and includes:
· A mix of affordable (40%) and market rate (60%) housing. · A mix of commercial and retail uses.
· Connectivity options (i.e., walking and bike paths) to the nearby Metrolink Station and local parks.
With Norwalk’s success, staff presented a similar idea for HGS to the City Council at the January 10, 2023 Workshop for discussion. With the City Council’s direction , staff engaged our legislative advocate, Joe A. Gonsalves & Son ("Gonsalves"), to assist in drafting proposed legislation and to work with the City's State representatives to introduce a bill on or before the February 17, 2023 introduction deadline.
The proposed bill mimics the language utilized by the City of Norwalk, and if adopted by the California Legislature, would extend to the City of Chino the right of first refusal. In other words, instead of following the procedures set out in California Governm ent Code Section 11011 whereby excess property must first be offered to State agencies, and then third parties (e.g., cities), this would supersede these requirements and be offered to the City first.
To demonstrate the City of Chino’s commitment and supp ort to acquiring and developing this site, it is recommended that a City Council resolution be adopted. Should the City Council approve this resolution, a copy will be provided to Gonsalves, Assembly Member Freddie
13.14 NEW BUSINESS
Packet Pg. 122
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: ADOPT RESOLUTION NO. 2023-009
PAGE 3
Rodriguez, and State Senator Susan Rubio, and staff will continue to work with both Legislators, the State Department of General Services and the California Department of Corrections and Rehabilitation to explore implementing legislation.
Attachment: Resolution No. 2023-009
Draft Legislation
13.14 NEW BUSINESS
Packet Pg. 123
RESOLUTION NO. 2023-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, SUPPORTING STATE LEGISLATION AUTHORIZING
THE DIRECTOR OF GENERAL SERVICES TO SELL OR LEASE
CERTAIN PROPERTY, KNOWN AS THE HEMAN G. STARK YOUTH
CORRECTIONAL FACILITY TO THE CITY OF CHINO.
WHEREAS, California Government Code Section 11011 details the procedures set out for the California Director of General Services to dispose surplus property; and
WHEREAS, California Government Code Section 11011 states that surplus property that has been deemed by the Department of General Services to not be required by other State agencies may then be offered to local agencies; and
WHEREAS, the Heman G. Stark Youth Correctional Facility (“Site”) located at 15180 Euclid Avenue in the City of Chino closed its operations in February 2010, and since that time, the proposed improvements to the Site have not occurred; and
WHEREAS, in surrounding communities, local agencies have worked with the State of California to acquire former Youth Correctional Facilities to improve these sites with a variety of uses beneficial to their respective communities; and
WHEREAS, the City Council of the City of Chino is supportive of State Legislation to authorize the Director of General Services to sell or lease the Site to the City of Chino and is prepared to commit resources to support the acquisition and development of the Site; and
WHEREAS, the City of Chino is committed to work with the State of California to obtain a right of first refusal to acquire the Site; and
WHEREAS, the City of Chino will work with community stakeholders to refine and develop a plan for the Site that best meets the needs of the City of Chino and the State of California; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:
1. The City Council supports State Legislation authorizing the Director of General Services to sell or lease certain property known as the Heman G. Stark Youth Correctional Facility to the City of Chino.
2. That the City of Chino will engage with community stakeholders to develop a plan for the Heman G. Stark Youth Correctional Facility that best meets the needs of the Chino Community and the State of California.
3. That the City of Chino is ready to commit resources to ensure the completion of the Heman G. Stark Youth Correctional Facility’s acquisition and its development.
4. The City Manager is authorized to negotiate, execute, and submit in the name of the City of Chino the terms and conditions of said acquisition.
13.14.a
Heman G. Stark Youth Correctional Facility
Packet Pg. 124
Resolution No. 2023-009
APPROVED AND ADOPTED THIS 7TH DAY OF FEBRUARY 2023.
By: ____________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
By: _____________________________
NATALIE GONZAGA, CITY CLERK
13.14.a
Heman G. Stark Youth Correctional Facility
Packet Pg. 125
Resolution No. 2023-009
State of California )
County of San Bernardino )
City of Chino )
I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting held on the 7th day of February 2023, following a roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
______________________________
NATALIE GONZAGA, CITY CLERK
CITY OF CHINO
13.14.a
Heman G. Stark Youth Correctional Facility
Packet Pg. 126
An act to add Section 11011.30 of the Government Code, relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
AB/SB ______. Surplus state real property: California Department of Corrections and Rehabilitation (CDCR) Heman G. Stark Youth Correctional Facility located within the City of Chino.
Existing law authorizes the Director of General Services to sell or lease certain property and authorizes the director of the Department of General Services (DGS) to sell the property to any other party at market value through a competitive bid process.
This bill would authorize the director to sell that property to the City of Chino at fair market, or below market value upon terms and conditions the director determines are in the best interests of the state.
The bill would authorize the director, notwithstanding those provisions, to sell the property below fair market value for purposes of providing housing to persons and families of low or moderate income, subject to reporting specified information 30 days before the sale to the chairpersons of the fiscal committees of the Legislature. The bill would exempt the sale of the property from the California Environmental Quality Act.
DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1.
Section 11011.30 of the Government Code is amended to read:
11011.30.
(a) Notwithstanding Section 11011.1, the Director of General Services may sell at fair market value, to the City of Chino, upon those terms and conditions the director determines are in the best interests of the state:
Approximately __ acres of property, known as the California Department of Corrections and Rehabilitation (CDCR) Heman G. Stark Youth Correctional Facility, located in the City of Chino, in the County of San Bernardino.
(b) To the extent bonds issued by the State Public Works Board involve the property to be sold or leased pursuant to this section, all issuer- and trustee-related costs associated with the review of any proposed sale or lease, together with the costs related to the defeasance or retirement of any bonds, which may include the cost of nationally recognized bond counsel, shall be paid from the proceeds of any sale or lease authorized by this section.
13.14.b
Heman G. Stark Youth Correctional Facility
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(c) In setting the purchase price for the property, the director may pe rmit a sales price at less than fair market value if the director determines that such a discount will enable the provision of additional housing for persons and families of low or moderate income. For the purposes of this section, fair market value is est ablished by an appraisal or economic evaluation conducted by the department and approved by the department.
(d) Thirty days prior to executing a transaction for a sale of the surplus state real property for less than fair market value for affordable housin g, the director shall report to the chairpersons of the fiscal committees of the Legislature all of the following:
(1) The financial terms of the transaction.
(2) A comparison of fair market value for the surplus state real property and the terms listed in paragraph (1).
(3) The basis for agreeing to terms and conditions other than fair market value. (e) Any sale of the property to the City of Chino pursuant to this section is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. (f) Net proceeds of the sale shall be deposited pursuant to subdivision (g) of Section 11011.
13.14.b
Heman G. Stark Youth Correctional Facility
Packet Pg. 128
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR
SUBJECT: APPROVAL OF A LETTERS AND PROCLAMATION.
RECOMMENDATION
Approval of letters to the San Bernardino County Superior Court requesting the resignation of San Bernardino County Superior Court Judge, Cara Hutson, a letter to our state legislators, and approve a City Council Proclamation to the Riverside County Board of Supervisors.
FISCAL IMPACT
There is no fiscal impact associated with this action.
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
• Exemplary Leadership
14.15 MAYOR AND COUNCIL REPORTS
Packet Pg. 129
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: APPROVAL OF A LETTERS AND PROCLAMATION
PAGE 2
BACKGROUND
On December 29, 2022, Riverside County Sheriff’s Deputy Isaia h Cordero was killed by a longtime criminal who had been released on bail despite committing previous violent crimes. In this most recent instance, the individual was just convicted for imprisoning and torturing another person which served as his third str ike. Granting this individual bail gave him little incentive to return to court for sentencing, and given his violent nature, presented a clear danger to law enforcement and the public.
ISSUES/ANALYSIS
The City Council of the City of Chino will always support the Chino Police Department and our neighboring law enforcement agencies. Cara Hutson, the San Bernardino County Superior Court Judge presiding over this case demonstrated a lack of discernment and negligence by granting this violent individual bai l. The City Council believes this judge should resign from her position, or at the very minimum, be removed from criminal court responsibilities.
Therefore, in preservation of the public’s safety and in support of our law enforcement agencies, the City C ouncil will consider, and if agreed, sign the attached letter requesting that the presiding San Bernardino County Superior Court Judge, the Honorable Judge R. Glenn Yabuno, ask for the resignation of San Bernardino County Superior Court Judge Cara Hutson.
Likewise, the City Council will consider, and if agreed, sign a letter to the Honorable State Senator Susan Rubio and the Honorable Assembly Member Freddie Rodriguez. This letter requests that both State Legislators consider the impacts past legislation has had on law enforcement and our communities. If signed, we hope this letter will begin a partnership to turn back shortsighted legislation that releases criminals into our communities.
Lastly, the City Council will consider and collectively sign the at tached proclamation, reaffirming our support of law enforcement and expressing our sadness in the loss of Riverside County Sheriff’s Deputies Isaiah Cordero and Darnell Calhoun. This signed City Council proclamation will be presented at a future Riverside County Board of Supervisor's Meeting.
Attachments: City Council Letters
City Council Proclamation
14.15 MAYOR AND COUNCIL REPORTS
Packet Pg. 130
14.15.a
Approval of Letters and a Proclamation
Packet Pg. 131
14.15.a
Approval of Letters and a Proclamation
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EUNICE M. ULLOA CURTIS BURTON
Mayor CHRISTOPHER FLORES
MARC LUCIO
Council Members
KAREN C. COMSTOCK DR. LINDA REICH
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org
February 7, 2023
The Honorable Susan Rubio
100 S. Vincent Avenue, STE. 401
West Covina, CA 91790
The Honorable Freddie Rodriguez
13160 7th Street
Chino, CA 91710
Re: Support of Law Enforcement and Public Safety
Dear State Senator Rubio and Assembly Member Rodriguez:
The Chino City Council writes to you to express our concern and incredible sadness for the murder of Riverside County Sheriff’s Deputies Isaiah Cordero and Darnell Calhoun on December 29, 2022 and January 13, 2023. As a City Council, we are supportive of the Chino Police Department and our neighboring law enforcement agencies. As representatives to the City of Chino, we ask that you please join us to oppose legislation and ballot measures that not only make police officers’ jobs more difficult, but more dangerous as well.
Past legislation like Assembly Bill 109 has allowed potentially dangerous individuals to be released from prison earlier than what existing law allowed while overwhelming our county facilities. This is not to mention State Ballot Measures that have compounded the problem by either downgrading felonies to misdemeanors (2014’s Proposition 47) or enabling early-release of individuals who committed “non-violent” crimes (2016’s Proposition 57). The result has been an increase of unrehabilitated criminals coming into our communities, which has certainly led to an increase in crimes committed against the Chino Community. From 2021 to 2022, Chino had a 20% and 16% increase in burglaries and theft, respectively.
Of course, the City Council recognizes that the circumstances surrounding the murders of Deputies Cordero and Calhoun may not be a direct result of the aforementioned policy changes. However, these policy changes undergird a significant shift on how we vie w crime. It has become passive, apathetic, and shortsighted. We have decriminalized laws to the detriment of all our communities and have undercut the criminal rehabilitative process. This has led to a revolving door of criminals being arrested, convicted, and released back into the community. In fact, the Chino Police Department has arrested over 500 people multiple times throughout the past year with some individuals being arrested close to a dozen times. It is devastating to the morale of all law enforce ment personnel, and as seen in the past two months, detrimental to their life and safety.
14.15.b
Approval of Letters and a Proclamation
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To support the health and safety of our police officers and communities, we ask that you please work with us to correct the destructive impacts these policies have had not only on the Chino Community, but across the State of California. We thank you for your representation of the Chino Community and look forward to working with you on these important matters.
Sincerely,
___________________ ___________________ ___________________ Eunice M. Ulloa Karen C. Comstock Curtis Burton
Mayor Mayor Pro Tem Council Member
___________________ ___________________
Christopher Flores Marc Lucio
Council Member Council Member
14.15.b
Approval of Letters and a Proclamation
Packet Pg. 134
WHEREAS, the Chino Community and the entire Chino City Council are grateful for the sacrifice and service provided by law enforcement personnel and their families; and
WHEREAS, law enforcement agencies across the State of California collectively comprise a unified partnership dedicated to serve the public; and
WHEREAS, the tragic loss of Riverside County Sheriff Deputy Is aiah Cordero and Riverside County Sheriff Deputy Darnell Calhoun has devastated the Chino Community; and
WHEREAS, the death of both Deputy Cordero and Deputy Calhoun occurred a little more than two weeks from on e another and represent a troubling disregard some individuals hav e towards law enforcement personnel and their families; and
WHEREAS, the Chino Community mourns with you in the loss of two heroic Deputies who have been tragically taken away from their families in the service of their respective communities; and
WHEREAS, the Chino City Council will always be united i n its support of the Chino Police Department and our neighboring law enforcement agencies; and
WHEREAS, we send our prayers to both families and the Riverside County Sheriff ’s Department during this incredibly difficult time, and hope that you may find solace knowing that their heroism, strength, and fortitude will not be forgotten; and
WHEREAS, the Chino Community stands united in support of the Riverside County Sheriff’s Department and all of our law enforcement personnel across the State of California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO, does hereby proclaim the City of Chino’s sorrow in the loss of Deputy Cordero and Deputy Calhoun, and affirms our support of the Riverside County Sheriff’s Department as well as our ongoing commitment to all law enforcement agencies across the State of California.
PRESENTED THIS ( ) OF( ) 2023.
_________________________________ ______________________________ Eunice M. Ulloa, Mayor Karen C. Comstock, Mayor Pro Tem
_________________________________ ______________________________ Curtis Burton, Council Member Christopher Flores, Council Member
_______________________________
Marc Lucio, Council Member
14.15.c
Approval of Letters and a Proclamation
Packet Pg. 135
Revenue: Expenditure: 1002000-43300-N2031
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: KAREN C. COMSTOCK, MAYOR PRO TEM
SUBJECT: COMMUNITY SUPPORT CONTRIBUTION.
RECOMMENDATION
Approve community support fund contribution to the Chino High School Wrestling Program (Chino High School Sports Boosters) ($250).
FISCAL IMPACT
Sufficient funds have been included in the 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
14.16 MAYOR AND COUNCIL REPORTS
Packet Pg. 136
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: COMMUNITY SUPPORT CONTRIBUTION
PAGE 2
BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Mayor Pro Tem Comstock recommends that the City Council approve the following contribution:
· Chino High School Sports Booster Club (Chino High School Wrestling Program) - $250: Teaches self-discipline, develops self-esteem, builds character, and creates a sense of pride for Chino High School through its organized wrestling team.
By approving this contribution, this group will be better equipped to provide services to our community and our youth. Therefore, as proposed by Mayor Pro Tem Com stock, staff recommends that the City Council approve the community support contribution to the Chino High School Wrestling Program.
14.16 MAYOR AND COUNCIL REPORTS
Packet Pg. 137
Revenue: Expenditure: 1002000-43300-N2034
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: CURTIS BURTON, COUNCIL MEMBER
SUBJECT: COMMUNITY SUPPORT CONTRIBUTION.
RECOMMENDATION
Approve community support fund contributions to: Chino Police Officers Foundation for the Run for Russ 5K/Walk ($250), the Chino Kiwanis Club for the Cornfeed Run Car Show and Cruise ($250), Chino American Little League ($500), and Chino National Little League ($500).
FISCAL IMPACT
Sufficient funds have been included in the 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
14.17 MAYOR AND COUNCIL REPORTS
Packet Pg. 138
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: COMMUNITY SUPPORT CONTRIBUTION
PAGE 2
BACKGROUND
The City of Chino is fortunate to have multiple non -profits and commu nity groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time, authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Council Member Burton recommends that the City Council approve the following contributions:
· Chino Police Officers Foundation - $250: This contribution will help support the Chino Police Officers Foundation’s annual Run for Russ 5K/Walk event that honors the life of Chino Police Officer, Russ Miller who was tragically killed in the line of duty by a drunk driver on February 1, 2000. All proceeds from the event will go to the Chino Police Officers Foundation, provides educational and financial support to youth, community events, and partners with surrounding non-profit organizations within the City of Chino in need of financial assistance.
· Chino Kiwanis Club - $250: The Chino Kiwanis Club is dedicated to serving the Chino Community through various service and fundraising projects. This contribution will support the Chino Kiwanis Club’s annual Corn feed Ru n Car Show & Cruise. The proceeds go to events and activities that benefit youth and seniors in our community. · Chino American Little League - $500: Provides a safe opportunity for Chino Youth to learn the game of baseball in a fun, safe, and engaging environment while teaching the value of teamwork, the importance of sportsmanship, and leadership. · Chino National Little League - $500: Instills the joy of learning and playing baseball, and in doing so, teaches the value of life’s important lessons suc h as courage, humility, and teamwork.
By approving these contributions, these groups will be better equipped to provide services to our community and our youth. Therefore, as proposed by Council Member Burton, staff recommends that the City Council approv e the community support contributions to the Chino Police Officers Foundation, Chino Kiwanis Club, Chino American Little League, and Chino National Little League.
14.17 MAYOR AND COUNCIL REPORTS
Packet Pg. 139
Revenue: Expenditure: 1002000-43300-N2032
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: CHRISTOPHER FLORES, COUNCIL MEMBER
SUBJECT: COMMUNITY SUPPORT CONTRIBUTION.
RECOMMENDATION
Approve community support fund contributions to: Cub Scout Pack 205 ($500), Chino National Little League ($500), Chino American Little League ($500), and Chino Girls Fast-pitch ($500).
FISCAL IMPACT
Sufficient funds have been included in the 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
14.18 MAYOR AND COUNCIL REPORTS
Packet Pg. 140
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: COMMUNITY SUPPORT CONTRIBUTION
PAGE 2
BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public and preserving Chino’s unique histo ry. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Council Member Flores recommends that the City Council approve the following contributions:
· Cub Scout Troop 205 - $500: Supports a local cub scout troop which prepares young people to make ethical and moral choices over their lifetimes by instilling in them the values of the Scout Oath, Law, and Motto.
· Chino National Little League - $500: Provides a safe opportunity for Chino Youth to learn the game of baseball in a fun, safe, and engaging environment while teaching the value of teamwork, the importance of sportsmanship, and leadership. · Chino American Little League - $500: Provides a safe opportunity for Chino Youth to learn the game of baseball in a fun, safe, and engaging envi ronment while teaching the value of teamwork, the importance of sportsmanship, and leadership. · Chino Girls Fast-pitch - $500: Provides Chino Youth, ages of 4 to 18, the opportunity to develop important life skills like leadership and the value of teamwo rk through competitive softball.
By approving these contributions, these groups will be better equipped to provide services to our community and our youth. Therefore, as proposed by Council Member Flores, staff recommends that the City Council approve the community support contributions to Cub Scout Pack 205, Chino National Little League, Chino American Little League, and Chino Girls Fast - pitch.
14.18 MAYOR AND COUNCIL REPORTS
Packet Pg. 141
Revenue: Expenditure: 1002000-43300-N2029
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 7, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: MARC LUCIO, COUNCIL MEMBER
SUBJECT: COMMUNITY SUPPORT CONTRIBUTION.
RECOMMENDATION
Approve community support fund contributions to: Chino High School Wrestling Program ($1,000), Chino Boxing Club ($1,000), Chino National Little League ($500), Chino Neighborhood House ($500), and UCHOOZ Positive Youth ($500).
FISCAL IMPACT
Sufficient funds have been included in the 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
14.19 MAYOR AND COUNCIL REPORTS
Packet Pg. 142
COUNCIL MEETING DATE: FEBRUARY 7, 2023
SUBJECT: COMMUNITY SUPPORT CONTRIBUTION
PAGE 2
BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public a nd preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Council Member Lucio recommends that the City Council approve the following contributions:
· Chino High School Booster Club (Chino High School Wres tling Program) - $1,000:
Teaches self-discipline, develops self-esteem, builds character, and creates a sense of pride for Chino High School through its organized wrestling team. · Chino Youth Boxing Foundation - $1,000: Provides character development, discipline, and self-respect to the City’s youth through a local boxing program. · Chino National Little League - $500: Provides a safe opportunity for Chino Youth to learn the game of baseball in a fun, safe, and engaging environment while teaching the value of teamwork, the importance of sportsmanship, and leadership. · Chino Neighborhood House - $500: Provides groceries/food and hygiene items to low to moderate income families and individuals.
· UCHOOZ Positive Youth - $500: Provides positive activities and support for youth in and around the Downtown Chino area
By approving these contributions, these groups will be better equipped to provide services to our community and our youth. Therefore, as proposed by Council Member Lucio, staff recommends that the City Council approve the community support contributions to the Chino High School Wrestling Program, Chino Youth Boxing Foundation, Chino National Little League, Chino Neighborhood House, and UCHOOZ Positive Youth.
14.19 MAYOR AND COUNCIL REPORTS
Packet Pg. 143