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 (n ame and address optional) which is available at the entrance to the City Council Chambers .
Additionally, members of the public may subm it electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabi lities 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 regardi ng any item on this agenda will be made available in the City Clerk’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s website at www.cityofchino.org.
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY FEBRUARY 21, 2023
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
AGENDA
ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.
CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the Ci ty Council about the closed session items. Ordinance No. 97 -08 (Chino Municipal Code Section 2.04.090) limits speakers to no more 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.
FLAG SALUTE
CEREMONIALS
Presentations
2022 Chino Youth Boxing Club Awards
CHINO CITY COUNCIL
FEBRUARY 21, 2023 2
REPORT OUT OF CLOSED SESSION
AGENDA ADDITIONS/REVISIONS
INFORMATION
Economic Development Report February 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 subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not b e taken on any issu es not on the Agenda. Ordinance No. 97 - 08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).
CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all ite ms will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.
1. Warrants. Approve expenses as audited and within budget for warrants 763946 to 764127, and Electronic Fund Transfers 516724E to 516783E, totaling $4,145,619.10.
2. Minutes. January 3, 2023 Regular Meeting (All Members Present).
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting City Coun cil business related expenses incurred by the City and forecast of future events and trainings.
4. Public Improvement Agreement for the Calvary Chapel Chino Hills Project at 4201 Eucalyptus Avenue (M22 -0001). Approve a Public Improvement Agreement with C alvary Chapel Chino Hills Foundation for the construction of public improvements located on Eucalyptus Avenue. The project is exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15332, Infill Development Projects.
5. 2023 CalHome Program Grant Application. Adopt Resolution No. 2023-010 authorizing the City Manager to execute and submit an application to the State of California, Department of Housing and Community Development, for funding under the 2023 CalHome Program.
6. Vendor Cap Increase - FlockSafety. Approve a vendor cap increase for Flock Safety in the amount of $35,000 for proprietary integrated mapping and camera systems.
7. Approve Agreement - 800 MHz Radio Agree ment with San Bernardino County . Renew the County of San Bernardino 800 MHz Radio Agreement for all City Service radios from the Police, Community Services, and Public Works Departments.
CHINO CITY COUNCIL
FEBRUARY 21, 2023 3
8. Purchase Order and Vendor Cap Increase M.K. Smith Chevrolet . Approve a purchase order to M.K. Smith Chevro let, Chino, CA, in the amount of $320,946.64 for the purchase of nine (9) Chevrolet Colorado vehicles.
9. Adopt Ordinance No. 2023-002, Amending Chapter 2.24 (Second Reading) . Adopt Ordinance No. 2023-002, Amending Chapter 2.24 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
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.
10. Introduction of Ordinance No. 2023-001 (ZOA PL22-0101). Introduction of Ordinance No. 2023- 001 - Proposed Amendment to Title 20 (Zoning) of the Chino Municipal Code.
Staff Report by: Warren Morelion, AICP, City Planner.
RECOMMENDATION: 1) Cond uct a public hearing; and 2) approve the in troduction of Ordinance No. 2023-001, to be read by number and title only, and waive further reading of the Ordinance.
ORDINANCE NO. 2023-001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SELECTE D PROVISIONS OF THE ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL22 -0101 (ZONE ORDINANCE
AMENDMENT)
M _____ S _____ RC _____
NEW BUSINESS
11. Final Acceptance of Public Improvement Site Approval PL13 -0629. Accept t he public improvements for USA Waste of Ca lifornia, Inc. (Compressed Natural Gas Fueling Station Facility) Site Approval PL13 -0629, located at 13821 Redwoo d Avenue, as complete , and authorize release of the performance bond and initiate the warranty bond.
Staff Report by: Jesus Plasencia, Assistant City Engineer.
RECOMMENDATION: 1) Accept public improvements as complete for Site Approval PL13-0629 - CNG Facility for USA Waste of California, Inc.; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City M anager to execute the necessary documents on behalf of the City.
M _____ S _____ RC _____
12. Approve Const ruction Contract Increase for Sequel Contractors, Inc. (TR171 and ST162) .
Increase Contract for Sequel Contractors, Inc. (2022-062) and approve Change Order No. 4.
Staff Report by: Maria Fraser, CIP Engineering Manager.
CHINO CITY COUNCIL
FEBRUARY 21, 2023 4
RECOMMENDATION: 1) Approve a contra ct increase in the amount of $585,953.57 for a revised total contract amount not -to-exceed $3,967,521.87 with Sequel Contractors, Inc, Santa Fe Spring, CA (Contract No. 2022 -062) for ST162 - Street Rehabilitation and TR171 Traffic Signal Modifications Proj ect; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.
M _____ S _____ RC _____
13. Introduction of Ordinance No. 2023 -004 - Claims Against the City . Approve the introduction of Ordinance No. 2023-004, an Ordinance of the City of Chino Amending Section 3.80.020 of the Chino Municipal Code - Claims Against the City - Delegation of Authority.
Staff Report by: Debbie Pacheco, Senior Management Analyst.
RECOMMENDATION: Approve the introduction of Ordinance No. 202 3-004, an Ordinance of the City of Chino Amending Section 3.80.020 of the Chino Municipal Code - Claims Against the City - Delegation of Authority.
ORDINANCE NO. 2023-004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO AMENDING SECTION
3.80.020 OF THE CHINO MUNICIPAL CODE -- CLAIMS AGAINST THE CITY OF CHINO M _____ S _____ RC _____
14. Introduction of Ordinance No. 2023 -003 - Towing Service Regulations . Approve the Introduction of Ordinance No. 2023 -003, amending Chapter 5.36 of the Chino Muni cipal Code relating to Towing Service Regulations.
Staff Report by: Fred Galante, City Attorney.
RECOMMENDATION: Approve the introduction of Ordinance No. 2023 -003, to be read by number and title only and waive further reading of the Ordinance.
ORDINANCE NO. 2023-003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA AMENDING CHAPTER 5.36 ( TOWING SERVICE REGULATIONS) OF THE CHINO
MUNICIPAL CODE
M _____ S _____ RC _____
MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor an d Council Members to report on prescheduled Council Committee Assignment Meetings that were held sinc e the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.
Mayor Ulloa
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores
Council Member Lucio
CHINO CITY COUNCIL
FEBRUARY 21, 2023 5
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, March 7, 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 15, 2023, this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
JANUARY 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, FEBRUARY 2023
1 Unemployment Rate December 2022 3.1%
New Business Licenses January 2023 55
Retail Vacancy January 2023 8.5%
Industrial Vacancy Q3, 2022 .2%
Office Vacancy January 2023 3.4%
Sales Tax Revenue* Q3 2022 7.2%
*HDL Report Attached
UNEMPLOYMENT STATISTICS
EDD Unemployment Update – Updated Monthly
Unemployment rates in Chino have decreased this month from 3.6% to 3.1% from November 2022 to December 2022. *EDD, www.labormarketinfo.edd.ca.gov
City Nov Dec
Chino Hills 2.7% 2.3%
Rancho 3.0% 2.6%
Eastvale 3.0% 2.7%
Upland 3.4% 2.8%
Montclair 3.3% 2.9%
Chino 3.6% 3.1%
Ontario 3.7% 3.2%
Fontana 3.9% 3.3%
US 3.7% 3.5%
SBCO 4.1% 3.6%
California 4.1% 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 - December 2022
Unemployment rates in Chino have
decreased from 3.6% to 3.1% from
November 2022 to December 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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Economic Development Report February 2023
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JANUARY 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, FEBRUARY 2023
2 BUSINESS LICENSES
Business License Information – Updated Monthly
Between January 1 and January 31, 2023, the City processed 55 new business licenses. 20 of those businesses are in the City while 24 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
Absolute Capital 14726 Ramona Ave E11 Mortgage Loan Brokers Alliancetel Inc. 12443 Central Ave Radio, Television Electronics AllRevo LLC 15800 El Prado Rd E General Warehousing & Storage Avant Garde Tax Consulting Inc. 14726 Ramona Ave W12 Tax Preparation Services Cardio Vascular Associates Inc. 11760 Central Ave 204 Physicians Cruz Services 14114 Central Ave A General Merchandise Store Dekorman Inc. 4738 Murrieta St Floor Covering Store
Dr. Lee Pain M.D. Inc 13768 Roswell Ave 220 Physician
0 10
20 30
40 50
60 70
80 90
Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 New Business Licenses
0 5
10 15
20 25
30 35
40 45
Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Chino Business Licenses
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Economic Development Report February 2023
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JANUARY 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, FEBRUARY 2023
3 Business Address Product/Service
Elite Shipping 12345 Mountain Ave N Private Mail Center Enpac Industries Inc 13860 Benson Ave C Computer and Computer Equipment Ichi Poki & Ramen 4021 Grand Ave A Limited Service Restaurant Istaffing Inc. 13641 Central Ave B/C Employment Placement Agency Logo Max Inc. 3811 Schaefer Ave A Graphic Design Services Luros Hair 5250 Philadelphia St F Beauty Salons
Millot DDS 5436 Riverside Drive Dentist
Natural Balance Medicine Center 13801 Roswell Ave A Health Practitioner Polarity Fab 14168 Central Ave Auto Body, Paint and Interior Shin Yen Retail Property Mgmt 4016 Grand Ave B Property Management Siterep Construction Services 8644 Autumn Path St Contractor VM5 Lighting Solution 13860 Benson Ave C Electronic Parts and Equipment Wholesale
RETAIL VACANCY RATES
Retail Vacancy and Rental Rates – Updated Monthly
The City of Chino is a highly desirable location. The vacancy rate for January 2023 is 8.5%, which is lower than the previous month. The City has 141,000 square feet of new projects currently under construction. *Progressive Real Estate Partners (PREP)/CoStar
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
12.0%
Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Retail Vacancy Last 12 Months
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JANUARY 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, FEBRUARY 2023
4 INDUSTRIAL VACANCY
OFFICE VACANCY
Office Vacancy and Rental Rates – Updated Monthly
The vacancy rate of 3.4% is the same as last month for the Chino Valley office market, which accounts for 6% of the Inland Empire. However, the market garners a hefty $2.38 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
$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%
Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Office 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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Economic Development Report February 2023
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JANUARY 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, FEBRUARY 2023
5 RESIDENTIAL CONSTRUCTION
Residential Construction Updates – Updated Monthly
Residential housing continues to move forward with 182 single family residences currently under construction, 226 multi-family units under construction, and 341 units approved for construction. *Development Services Department
Accessory Dwelling Units (ADU) – Updated Monthly
The City has had permits pulled for 32 ADU’s thus far for fiscal 2022/2023. *Development Services Department
CITY UPDATES
For more information on the following, visit our City website:
• Capital Improvement Projects www.cityofchino.org/cip. • Road closures www.cityofchino.org/roadclosures.
• City Events www.cityofchino.org/events.
• City meetings can be found at www.cityofchino.org/calendar.
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Economic Development Report February 2023
Packet Pg. 10
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 21, 2023
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.
RECOMMENDATION
Approve expenses as audited and within budget for warrants 763946 to 764127, and Electronic Fund Transfers 516724E to 516783E, totaling $4,145,619.10.
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. 11
COUNCIL MEETING DATE: FEBRUARY 21, 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. 763946 – 764024 1/19/23 22-23 $2,881,606.86
2. 764025 – 764127 1/26/23 22-23 $515,905.00
3. 516724E – 516747E 1/20/23 22-23 $142,480.79
4. 516748E – 516783E 1/27/23 22-23 $605,626.45
E: Electronic Fund Transfers
TOTAL $4,145,619.10
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
11.1 CONSENT CALENDAR
Packet Pg. 12
Council Meeting 2/21/23
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
763972 01/19/2023 DYETT & BHATIA, URBAN & REGIONAL
PLANNERS
GENERAL PLAN UPDATE SERVICES $93,567.24
763973 KDC, INC. EDISON AVE. TRAFFIC SIGNAL PROJECT $85,500.00 764008 S/B COUNTY ASSOC. GOVERNMENTS 60/CENTRAL INTERCHANGE PROJECT $2,037,076.28 764021 WASTE MANAGEMENT COLLECTION SERVICES $422,244.30 516745 01/20/2023 WATER FACILITIES AUTHORITY IMPORTED WATER $57,659.09 764075 01/26/2023 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.
LANDSCAPE MAINTENANCE $67,950.00
764092 PACIFIC HYDROTECH CORPORATION EWTF EXPANSION SERVICES $265,869.55 516756 01/27/2023 ECONOLITE CONTROL PRODUCTS, INC. TRAFFIC SIGNAL CABINET $351,377.46 516772 MERCHANTS LANDSCAPE SERVICES, INC. LANDSCAPE MAINTENANCE $55,318.02
9 TOTAL $3,436,561.94
11.1.a
Warrants
Packet Pg. 13
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY JANUARY 3, 2023
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
MINUTES
CALL TO ORDER
The January 3, 2023 , Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:00 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.
ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.
ABSENT: None
CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.
CLOSED SESSION
City Attorney Fred Galante read into the record the items listed on the Closed Session agenda.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1):
1. City of Chino v. GH Dairy, et al. (San Bernardino County Superior Court Case No.
CIVDS1931489)
2. City of Chino v. Jianyun Wang, et al. (San Bernardino County Superior Court Case No.
CIVSB2108062)
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
The City Council recessed to Closed Session at 6:00 p.m.
The City Council concluded Closed Session at 6:58 p.m. and reconvened the regular meeting at 7:05 p.m.
FLAG SALUTE
Mayor Pro Tem Comstock led the assembly in reciting the Pledge of Allegiance.
11.2 CONSENT CALENDAR
Packet Pg. 14
CHINO CITY COUNCIL
JANUARY 3, 2023 2
CEREMONIALS
Presentations
Mayor Ulloa announced Chino Youth Christmas Parade Decorated Entry Competition Winners:
Best Use of Theme: American Heritage Girls Troop CA 3130 Best Overall Walker: Our Lady of Guadalupe Church
Best Overall Vehicle/Float: Cub Scout Pack 205
American Heritage Girls Troop CA 3130 and Cub Scout Pack 205 were in attendance to accept their certificates.
Mayor Ulloa recognized Rick and Catherine Verduzco as the recipient of the January 2023 Mayor's Home Beautification Award.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1):
1. City of Chino v. GH Dairy, et al. (San Bernardino County Superior Court Case No. CIVDS1931489)
The City Council received a briefing from Silver & Wright Law Firm representatives, provided direction, and no further reportable action was taken.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1):
2. City of Chino v. Jianyun Wang, et al. (San Bernardino Coun ty Superior Court Case No. CIVSB2108062)
The City Council received a briefing from Silver & Wright Law Firm representatives, provided direction, and no further reportable action was taken.
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
The City Council received an update and no further reportable action was taken.
AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported that there were no agenda additions or revisions.
11.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
JANUARY 3, 2023 3
PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events and upcoming holiday:
• On Friday, January 6, 2023 at 2:00 p.m., the Chino Senior Center, in collaboration with the Chino Senior Citizens Club , is holding their annual New Year’s Bingo Event. Tickets are $20 per person or $25 at the door. For information, call 909 - 334-3271.
• The Children’s Discovery Workshop is taking place on Saturday, January 21, 2023 from 10:00 a.m. - 11:00 a.m. at the Chino Community Garden located at 5976 Riverside Drive. To register visit cityofchino.org/childrensdiscovery. For questions, call 909-334-3478.
• City Hall will be closed on Monday, January 16 in observance of Martin Luther King, Jr. Day and will re-open the following day, Tuesday, January 17 at its regular operating hours of 7:30 a.m. to 5:30 p.m.
Mayor Ulloa sadly announced that the meeting will adjourn in memory of Riverside County Sheriff Deputy Isaiah Cordero who was killed line of duty during a traffic stop in Jurupa Valley on Thursday, December 29, 2022. On behalf of the Council and the entire Chino Community, our prayers go out to the Cordero family during this incredibly difficult time, and we collectively thank Deputy Cordero and his family for the heroic service he has given to his community.
PUBLIC COMMENTS
Chaplain Marco Miranda of Chino Valley Fire District provided the Invocation.
Julia Cabrera, representing the Chino Valley Chamber of Commerce, shared an update on upcoming events.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 763270 to 763527, and Electronic Fund Transfers 516427E to 516521E, totaling $4,977,087.92.
2. Minutes. December 6, 2022 Regular Meeting Minutes.
December 6, 2022 Special Meeting Minutes.
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. 2022 Justice Assistance Grant. Acceptance of the 2022 Justice Assistance Grant in the amount of $22,413 and appropriation of the same amount from the unappropriated reserves of the Justice Assistance Fund 135 with a corresponding increase to the revenues.
5. Irrevocable Agreement to Annex for Sewer Service - 3408 Chino Avenue . Adopt Resolution No. 2023-001 conditionally approving an irrevocable agreement to annex for sewer service and request approval from the Local Agency Formation Commission for the property located at 3408 Chino Avenue within the City of Chino's Sphere of Influence.
11.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
JANUARY 3, 2023 4
6. Adopt Ordinance No. 2022-018, Amending Chapter 10.28.065 (Second Reading). Adopt Ordinance No. 2022 -018, amending Chapter 10.28.065 of the City of Chino Municipal Code allowing parking restrictions for street sweeping purposes citywide.
ORDINANCE NO. 2022-018
AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER
10.28.065 OF THE CHINO MUNICIPAL CODE TO ALLOW PARKING RESTRICTIONS FOR STREET SWEEPING PURPOSES CITYWIDE.
7. Adopt Ordinance No. 2022 -019, Authorizing the Levy of Special Taxes (Falloncrest) (Second Reading). Adopt Ordinance No. 2022-019, Authorizing the Levy of Special Taxes within the Community Facilities District 2022-1 (Falloncrest) ORDINANCE NO. 2022-019
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-1 (FALLONCREST) OF THE CITY OF CHINO AUTHORIZING THE LEVY OF SPECIAL
TAXES WITHIN THE DISTRICT
Moved by Council Member Flores, seconded by Council Member Lucio, and carried on a 5-0 vote to approve Consent Calendar Items 1 through 7.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
NEW BUSINESS
8. Approve Resolution No. 2023-004 Amending Sworn Classifications Salary and Benefits.
Adopt Resolution No. 2023-004 Amending Sworn Classifications Salary and Benefits.
City Manager Linda Reich provided a report on the item.
The Mayor and Council Member s spoke in support of the Chino Police Department and importance of retaining sworn personnel.
Moved by Council Member Flores, seconded by Council Member Burton, and carried on a 5 -0 vote to approve 1) approve Resolution No. 2023 -004 Amending Sworn Classifications Salary and Benefits; 2) appropriate $1,524,902.72 from the following two funds; $627,589.16 from the General Fund and $897,313.56 from the Employee Service Fund; and 3) authorize the City Manager to execute all documents on behalf of the City.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
11.2 CONSENT CALENDAR
Packet Pg. 17
CHINO CITY COUNCIL
JANUARY 3, 2023 5
MAYOR AND COUNCIL REPORTS
Mayor Ulloa.
Mayor Ulloa reported on the following meetings and events attended since the last meeting that included the city employee holiday luncheon; farewell gathering for city employees Rita Pro, Angela Robles, and Yolie Poulter; conference call regarding Inland Empire Utilities Agency regional contact renewal; meeting with Majestic Realty Company and Sika; meeting with the City Manager; Water Facilities Authority holiday luncheon; Chino Desalter Authority Finance Committee meeting; and a conference call regarding public relation matters.
Mayor Ulloa also discussed the tragic loss of Deputy Cordero and encouraged change.
Mayor Pro Tem Comstock.
Mayor Pro Tem Comstock reported on the city employee holiday luncheon and discussed the tragic loss of Deputy Cordero. She also wished all a happy New Year and is looking forward to 2023.
Council Member Burton.
Council Member Burton reported on the following meetings and events attended since the last meeting that included the city employee holiday recognition luncheon; Chino Valley Fire District Board meeting; orientation at City Hall; Chino Valley Unified School District Board meeting; meeting with Majestic Realty and Sika; meeting with City Manager. Council Member Burton also spoke regarding the tragic loss of Deputy Cordero.
Council Member Flores.
Council Member Flores reported on the following meetings and events attended since the last meeting that included the city employee holid ay luncheon; Chino Valley Fire District Board meeting; and the ribbon cutting for Irma & Hijos Services. He sent his condolences to the family of Deputy Cordero and wished everyone a Happy New Year.
Council Member Lucio.
Council Member Lucio reported on the following meetings and events attended since the last meeting that included several of the meetings already mentioned. He sent his condolences to the family of Deputy Cordero and wished everyone a Happy New Year.
City Manager's Report.
City Manager Reich provided information on the upcoming homeless Point -in-Time count, thanked the Chino Police Association for going around with Santa’s sled, and wished everyone a Happy New Year.
City Attorney's Report.
City Attorney Galante had no report.
Police Chief's Report.
Police Chief Wes Simmons provided an update on retail theft task force; shared information regarding the upcoming Spanish Community Academy; and thanked the Council for their support of Chino Police Officers.
Fire Chief's Report.
Fire Chief Dave Williams spoke in support of the Police Department; spoke regarding recent personnel changes and offered future support; provided an update on RFP for ambulance services; and thanked partner agencies for support with December charitable events.
11.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
JANUARY 3, 2023 6
ADJOURNED IN MEMORY OF DEPUTY ISAIAH CORDERO
The meeting adjourned at 7:48 p.m. The next meeting of the City Council will be a Strategic Plan and Goal Setting Workshop on Tuesday, January 10, 2023 at 9 a.m. in the Chaffey College Chino Community Center located at 5890 College Park Avenue, Chino, CA 91710. The next Regular Meeting of the City Council will be held on Tuesday, January 17, 2023 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 21ST 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 21, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, 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
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COUNCIL MEETING DATE: FEBRUARY 21, 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. 21
ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,
TRAINING, AND MEETINGS
FEBRUARY 21, 2023 EXHIBIT A
Event Date Meeting Purpose and
Subject Matter
Location
City Official Attendees
None.
Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and
Subject Matter
Location
City Officials that may
attend
2/23/2023 League of California
Cities IE Division
Fontana, CA Council Member Burton
2/28/2023 Mayor’s Prayer
Breakfast – Chino
Valley Chamber of
Commerce
Chino Hills,
CA
Mayor Ulloa
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores
Council Member Lucio
11.3.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 22
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 21, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT FOR THE CALVARY CHAPEL CHINO HILLS PROJECT AT 4201 EUCALYPTUS AVENUE (M22-0001).
RECOMMENDATION
1) Approve a Public Improvement Agreement and securities with Calvary Chapel Chino Hills Foundation for the construction of public improvements associated with Project No. M22-0001; and 2) 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 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
11.4 CONSENT CALENDAR
Packet Pg. 23
COUNCIL MEETING DATE: FEBRUARY 21, 2023
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT FOR THE CALVARY CHAPEL CHINO HILLS PROJECT AT 4201 EUCALYPTUS AVENUE (M22-0001)
PAGE 2
BACKGROUND
Calvary Chapel Chino Hills Foundation, located at 4201 Eucalyptus Avenue (Exhibit A), is proposing to construct a new accessible pedestrian sidewalk on the north side of Eucalyptus Avenue from Appian Way to approximately 517 f eet east of the street intersection. Calvary Chapel intends to construct the sidewalk to improve pedestrian access to the church from a nearby industrial property that’s frequently utilized as an excess parking lot by parishioners.
On December 1, 2022, the Development Services Department approved an Engineering Cost Estimate presented by Calvary Chapel for the design and construction of the sidewalk on the north side of Eucalyptus Avenue. The City is also requiring the construction of minor traffic signal interconnect improvements in conjunction with the installation of sidewalk.
These improvements require Calvary Chapel to enter into a Public Improvement Agreement with the City and post the necessary securities to ensure the timely delivery of the public improvements on Eucalyptus Avenue. The completion and acceptance of these improvements will not only help promote a positive City image but also support the City’s efforts to ensure responsible long-range planning.
ISSUES/ANALYSIS
The contractor, Bergman KPRS, LLC will be constructing the public improvements on behalf of Calvary Chapel. To guarantee the completion of these public improvements, the property owner has submitted a Public Improvement Agreement and the contractor has submitted the necessary surety bonds. The City Attorney has reviewed and approved the agreement.
Attachments: Exhibit A - Project Location Map
Exhibit B - Public Improvement Agreement
11.4 CONSENT CALENDAR
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N
01225.0006/367559.3 A-1
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RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: M22-0001
LOCATION : EUCALYPTUS AVENUE
By: WOODARD GROUP
DATE: 11/22/2022
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Tree Removal 800.00$ -$
CY Concrete Removal 325.00$ -$
CY AC Pavement Removal 100.00$ -$
CY Imported Common Fill (Incl. Compaction) 34.00$ -$ 3009 SF Preparation of Subgrade, Sidewalk and Paving 1.00$ 3,009.00$ LF PCC 8" Curb & 24" Gutter on 6" AB 26.00$ -$ LF PCC 6" Curb & 24" Gutter on 6" AB 24.00$ -$ LF PCC Curb Only 20.00$ -$
LF 8" A.C. Berm 20.00$ -$
SF 8" PCC Cross Gutter on 6" AB 16.00$ -$ 3009 SF 4" PCC Sidewalk 5.80$ 17,452.20$ SF 6" PCC Thick Drive Approach on 6" AB 12.50$ -$ SF 8" PCC Thick Drive Approach on 6" AB 15.00$ -$ LF 2" x 6" Redwood Header 7.50$ -$
EA Street Sign and Post 475.00$ -$
EA Traffic Sign and Post 400.00$ -$
EA Reflector Sign and Post 175.00$ -$
EA Painted Legend 6.50$ -$
SF Prime or Tack Coat 0.08$ -$
TON AC Variable - <300T 130.00$ -$
TON AC Variable - >300T 120.00$ -$
TON CAB Variable - <300T 100.00$ -$
TON CAB Variable - >300T 90.00$ -$
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021
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RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: M22-0001
LOCATION : EUCALYPTUS AVENUE
By: WOODARD GROUP
DATE: 11/22/2022
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Adjust Sewer Manhole to Grade 950.00$ -$
EA Adjust Sewer Cleanout to Grade 500.00$ -$ EA Adjust Water Valve and Can to Grade 525.00$ -$ EA Street Light (City Owner) 7,700.00$ -$
EA Electrical Pedestal 6,500.00$ -$
EA Lot Monument Setting Fee 550.00$ -$
LF Sawcut A.C. 3.00$ -$
LF Sawcut Concrete 3.00$ -$
SF Cold Plane A.C. 2" Thick 0.28$ -$
LF Signing & Striping for
Arterial 19.00$ -$
Collector 13.00$ -$
Local 7.00$ -$
EA Traffic Signal (8 - Phase Controller) 350,000.00$ -$ EA Modify existing Traffic Signal per Quadrant 75,000.00$ -$ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal
of Existing Fence) 25.00$ - $
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) 35.00$ - $
EA Utility Poles
Transmission 11,500.00$ -$
Distribution 8,000.00$ -$
Service 3,000.00$ -$
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021
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RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: M22-0001
LOCATION : EUCALYPTUS AVENUE
By: WOODARD GROUP
DATE: 11/22/2022
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
5848 SF
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection to Existing Systems) 7.00$ 40,936.00$
LF
14 foot Median with Landscape, Irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement 300.00$ - $ Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing
Gates, Signs, and Lights) 500,000.00$ - $
SF Track Crossing (Concrete) 175.00$ -$
SF Approach 4.00$ -$
EA S.W. Ramps (A.D.A. Compliant) 4,000.00$ -$
EA Traffic Signal Loops 600.00$ -$
310 L.F. 4" Conduit 40.00$ 12,400.00$ 1 EA TS Pull Box 1,200.00$ 1,200.00$
STREETS
STREET SUBTOTAL 74,997.20 $
LS Mobilzation (5% of Construction Cost) 5% 3,749.86$
LS Traffic Control (5% of Construction Cost) 5% 3,749.86$ LS Clear & Grub Site (5% of Construction Cost) 5% 3,749.86$ LS Excavation (Clean Material) (5% of Construction Cost) 5% 3,749.86$ GRAND TOTAL STREETS ONLY 89,996.64$
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RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: M22-0001
LOCATION : EUCALYPTUS AVENUE
By: WOODARD GROUP
DATE: 11/22/2022
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ -$ CY Pipe Bedding & Compaction (Imported) 90.00$ -$ LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00$ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00$ - $ LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 135.00$ - $ LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 175.00$ - $ LF Removal, Disposal of ACP and Backfill 150.00$ -$ EA 6" Gate Valve 2,000.00$ -$
EA 8" Gate Valve 2,600.00$ -$
EA 12" Gate Valve 4,500.00$ -$
EA 18" Gate Valve 7,500.00$ -$
EA Fire Hydrant Assembly per City Std. 7,500.00$ -$ EA Blow-off Assembly 4" per City Std. 8,600.00$ -$ EA 2" Air Relief Assembly 4,500.00$ -$
EA 1" Water Service/Meter 3,500.00$ -$
EA 2" Water Service/Meter 4,500.00$ -$
WATER
WATER SUBTOTAL -$
LS Mobilzation (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL WATER ONLY -$
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RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: M22-0001
LOCATION : EUCALYPTUS AVENUE
By: WOODARD GROUP
DATE: 11/22/2022
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ -$ CY Pipe Bedding (Imported) 90.00$ -$
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00$ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00$ - $ LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 135.00$ - $ LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 175.00$ - $ EA 6" Gate Valve 2,000.00$ -$
EA 8" Gate Valve 2,600.00$ -$
EA 12" Gate Valve 4,500.00$ -$
EA 18" Gate Valve 7,500.00$ -$
EA Fire Hydrant Assembly per City Std. 7,500.00$ -$ EA Blow-off Assembly 5" per City Std. 8,600.00$ -$ EA 2" Air Relief Assembly 4,500.00$ -$
EA 1" Water Service/Meter 3,500.00$ -$
EA 2" Water Service/Meter 4,500.00$ -$
RECYCLED WATER
RECYCLED WATER SUBTOTAL -$
LS Mobilzation (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL RECYCLED WATER ONLY -$
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RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: M22-0001
LOCATION : EUCALYPTUS AVENUE
By: WOODARD GROUP
DATE: 11/22/2022
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring 15.00$ -$
LF
4" Installed, including excavation, bedding, backfill and pavement restoration $75.00 -$
LF
8" Installed, including excavation, bedding, backfill and pavement restoration $93.00 -$
LF
10" Installed, including excavation, bedding, backfill and pavement restoration $103.00 -$
LF
12" Installed, including excavation, bedding, backfill and pavement restoration $123.00 -$
LF
15" Installed, including excavation, bedding, backfill and pavement restoration $143.00 -$
LF
18" Installed, including excavation, bedding, backfill and pavement restoration $163.00 -$
LF
21" Installed, including excavation, bedding, backfill and pavement restoration $193.00 -$
LF
24" Installed, including excavation, bedding, backfill and pavement restoration $208.00 -$
EA Sewer Saddle $450.00 -$
EA Wyes 4" x 8" Typical $225.00 -$
EA 48" Sewer Manhole $4,700.00 -$
EA 60" Sewer Manhole $7,500.00 -$
EA Sewer Cleanout $1,800.00 -$
SEWER
SEWER SUBTOTAL -$
LS Mobilization (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL SEWER ONLY -$
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RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: M22-0001
LOCATION : EUCALYPTUS AVENUE
By: WOODARD GROUP
DATE: 11/22/2022
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 230.00$ -$
LF 27" x 43" C.M.P.A (10 Gauge) 250.00$ -$
EA Storm Drain Manhole #1 10,000.00$ -$
EA Junction Structure #2 (24" or larger) 8,850.00$ -$ EA Junction Structure #4 (24" or smaller) 4,000.00$ -$ EA Outlet Structure 7,000.00$ -$
EA Catch Basin 3.5' Width 7,200.00$ -$
EA Catch Basin 7' Width/L.D. 7,900.00$ -$
EA Catch Basin 10' Width/L.D. 9,950.00$ -$
EA Catch Basin 14' Width/L.D. 11,000.00$ -$
EA Catch Basin 21' Width/L.D. 13,000.00$ -$
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 200.00$ - $ LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 240.00$ - $ LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 260.00$ - $ LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 280.00$ - $ LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 295.00$ - $ LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 310.00$ - $ LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 320.00$ - $ LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 330.00$ - $ LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 360.00$ - $ LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 385.00$ - $ LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 440.00$ - $ LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 500.00$ - $ EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021
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RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: M22-0001
LOCATION : EUCALYPTUS AVENUE
By: WOODARD GROUP
DATE: 11/22/2022
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 560.00$ - $ LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 625.00$ - $ LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 690.00$ - $ LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 765.00$ - $ LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 830.00$ - $ LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 920.00$ - $ LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ - $ LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,075.00$ - $ LF
7' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration 700.00$ - $ LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 820.00$ - $ LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 870.00$ - $ LF
8' x 11' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ - $ LF
8' x 13' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00$ - $ LF
9' x 9' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ - $ LF
9' x 12' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00$ - $ LF
4' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration 680.00$ - $
STORM DRAIN
STORM DRAIN SUBTOTAL -$
LS Mobilization (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL STORM DRAIN ONLY -$
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RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: M22-0001
LOCATION : EUCALYPTUS AVENUE
By: WOODARD GROUP
DATE: 11/22/2022
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 89,996.64 $
GRAND TOTAL WATER ONLY -$
GRAND TOTAL RECYCLED WATER ONLY -$
GRAND TOTAL SEWER ONLY -$
GRAND TOTAL STORM DRAIN ONLY -$
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) 89,996.64$
PROJECT ADDITIVES Project Contingencies 10% 8,999.66$
Construction Staking 3% 2,699.90$
Soils Testing 1% 899.97$
Material Testing 1% 899.97$
Construction Inspection 4.8% 4,319.84$
Contract Administration 1% 899.97$
GRAND TOTAL (FOR BOND AMOUNTS) 108,715.94$
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021
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RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: M22-0001
LOCATION : EUCALYPTUS AVENUE
By: WOODARD GROUP
DATE: 11/22/2022
Quantity Unit Item Unit Total Cost
Price Per Item
BY ENGINEER
Prepared By:
R.C.E. Number: NO. 85557
Expiration: 3/31/2023
Place R.C.E. Stamp and Signature Here (required)
BY CITY
Faithful Performance Bond (100% of Construction Cost) 108,700.00$ Labor & Material Bond (50% of Construction Cost) 54,400.00$ Warranty Bond (10% of Construction Cost) 10,900.00$
WOODARD GROUP
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021
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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 21, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: 2023 CALHOME PROGRAM GRANT APPLICATION.
RECOMMENDATION
1) Adopt Resolution No. 2023 -010 authorizing the City Manager to execute and submit an application to the State of California, Department of Housing and Community Development, for funding under the 2023 CalHome Program; and 2) if awa rded a CalHome Program grant, authorize the City Manager to execute a Standard Agreement and all related documents necessary to participate in the CalHome Program.
FISCAL IMPACT
Upon State award, the City will receive $600,000 in allocated funds requiring a new grant project budget to be set up with a revenue amount of the same.
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
11.5 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 21, 2023
SUBJECT: 2023 CALHOME PROGRAM GRANT APPLICATION
PAGE 2
BACKGROUND
The City has previously received funding in the amount of $2,00 0,000 from the California Department of Housing and Community Development (HCD) for funding under the State’s CalHome Program.
In January 2023, HCD released a Notice of Funding Availability (NOFA) in the amount of $135 million in 2023 CalHome funds. Applications will be accepted until February 28, 2023 from local jurisdictions and certified non -profit organizations. Applications must include a resolution of the governing body of the jurisdiction that 1) authorizes the submission of an application for CalHome Program funds; 2) stipulates that the City will use its CalHome funds for eligible activities in the manner presented in the application; and 3) designates and authorizes an official of the jurisdiction to execute the application, funding agreement, and all other documents required by HCD for participation in the CalHome Program.
ISSUES/ANALYSIS
In support of efforts to maintain financial stability through the efficient utilization of resources, staff is proposing an application submittal with a funding request in the amount of $600,000 for 2023 CalHome Program funding to finance the City’s ongoing Owner -Occupied Rehabilitation Program which provides grants and deferred low -interest loans to qualified low -and moderate- income homeowners. These funds would be used to assist in the repair and/or abatement of substandard conditions in residential structures, thereby assisting our lower -income residents, as well as improving the quality of the housing stock within the City.
Since the depletion of previously awa rded CalHome funds in 2017, the City has been reliant on re-use funds (loan payoffs) to provide loan and grants to eligible homeowners meeting the qualifications under this program. Due to the limited funds, opportunities for assistance have been reduced. This new round of funding will enable housing staff to provide much needed loans to eligible households that otherwise would not be able to afford much needed repairs to their homes. Providing such assistance aligns with the City’s goals in maintaining a positive City image. If awarded the HCD CalHome grant funding, staff will bring back a report to the City Council so the grant proceeds may be accepted.
Resolution No. 2023-010
11.5 CONSENT CALENDAR
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RESOLUTION NO. 2023-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION
TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME
PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF
SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO;
AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN
THE CALHOME PROGRAM.
WHEREAS, the City of Chino, a political subdivision of the State of California, wish es to apply for and receive an allocation of funds through the CalHome Program; and
WHEREAS, the California Department of Housing and Community Development (hereinafter referred to as “HCD”) has issued a Notice of Funding Availability (“NOFA”) for the CalHome Program established by Chapter 6, (commencing with §50650) of Part 2 of Division 31, Health and Safety Code (H.S.C.), which establishes the CalHome program administered by the California Department of Housing and Community Development (the “Department”) and Chapter 2 (commencing with §54006) of part 16 of Division 31, H.S.C.
HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome Program, subject to the terms and conditions of the statute and the CalHome Program Regulations adopted by HCD in April 2004; and
WHEREAS, the City of Chino wishes to submit an application to obtain from HCD an allocation of CalHome funds in the amount of $600,000.
NOW, THEREFORE, BE IT RESOLVED, by the City of Chino City Council as follows:
1. The City of Chino shall submit to HCD an application for funding under the 2023 CalHome Program for the following activity:
OWNER OCCUPIED REHABILITATION PROGRAM – provides grants and low interest deferred loans to qualified very low - and low -income homeowners to complete needed repairs to their homes.
CalHome Application Funding Request: $600,000.00.
2. If the application for funding is approved, the City of Chino hereby agrees to use the CalHome funds for the eligible activities in the manner presented in the application as approved by HCD and in accordance with program regulations cited above. It also may execute any and all other instruments necessary or required by HCD for participation in the CalHome Program.
3. The City of Chino authorizes the City Manager to execute in the name of the City of Chino, the application, the Standard Agreement, and all ot her documents
11.5.a
CalHome Program Grant Application
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Resolution No. 2023-010
required by HCD for participation in the CalHome Program, and any amendments thereto.
PASSED AND ADOPTED by the City Council of the City of Chino, California, at a regular meeting held on the 21st day of February 2023.
CITY OF CHINO:
_______________________________
EUNICE M. ULLOA, MAYOR
CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Natalie Gonzaga , City Clerk of the City of Chino, do es hereby attest and certify that the foregoing Resolution is a true, full and correct copy of the Resolution duly adopted at a regular meeting of the City Council of the City of Chino, which was duly convened and held on the date stated thereon and that said document has not been amended, modified, repealed or rescinded since its date of adoptio n and is in full force and effect as of the date hereof.
ATTEST:
_______________________________
NATALIE GONZAGA, CITY CLERK
CITY OF CHINO )
COUNTY OF SAN BERNARDINO ) §
STATE OF CALIFORNIA )
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 21st day of February 2023 by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
11.5.a
CalHome Program Grant Application
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Revenue: Expenditure: 10041009-43070
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M E M O R A N D U M
CITY OF CHINO
POLICE DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 21, 2023
TO: LINDA REICH, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: VENDOR CAP INCREASE - FLOCKSAFETY.
RECOMMENDATION
1) Approve a n increase to the FY 2022-23 vendor cap for Flock Safety by $35,000; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
There are sufficient funds in the Fiscal Year 2022-23 budget for this transaction.
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
• Superior Customer Service
• Effective Technology
11.6 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 21, 2023
SUBJECT: VENDOR CAP INCREASE - FLOCKSAFETY
PAGE 2
BACKGROUND
City Council authorization is required when the combined total of purchase orders and agreements to one vendor exceeds $50,000.0 0. In the last quarter of 2022, the Chino Police Department began a trial period utilizing Flock Safety’s Falcon Cameras for license plate reading and wireless capabilities. The trial period was so successful that the City Council approved the annual lease of the Automated License Plate Reader Cameras from Flock Safety in November 2022 for $84,750.
ISSUES/ANALYSIS
Flock Safety has created a proprietary integrated mapping system, FlockOS, to provide further capabilities in conjunction with the currently leased Flock automated license plate cameras, as well as any other camera systems already utilized. Within FlockOS, the Wing Suite is included, which provides live, map -based integration to live video streaming sources on -demand. It also provides the ability to replay video from multiple sources on one platform.
Utilizing 1st party video integration, FlockOS will allow connection to up to 350 camera streams onto one single platform. Camera streams from city traffic cameras, police department POD cameras and any other camera streams currently accessible will all be placed on one screen and can be easier accessed. Additionally, Flock Safety is the only service provider that offers a 3rd party integration via their Flock Wingbox, which allows businesses to voluntarily grant the Chino Police Department permission to view their video feeds. Businesses such as convenience stores or other commonly victimized locations can be outfitted with a Wingbox that would connect their surveillance streams directly to Floc kOS to provide even more live camera access throughout the city. The recommended intermediate FlockOS subscription includes 10 Wingboxes that could be placed at 10 different locations.
Also, by integrating these features within CAD, Crime Analysts will h ave instant access to cameras in the area of a call. As a call for service is accessed on the map, it will provide all the camera systems in the area of that call on the map that can then be quickly accessed. This would minimize any time wasted in toggli ng through cameras that are on separate operating systems, such as city traffic cameras and specific police department cameras. This map would show all cameras in the area regardless of servers or operating systems.
The cost of the annual subscription for FlockOS is $35,000. This subscription will create a new total vendor cap of $119,750 for Flock Safety. Sufficient funds are available in Fiscal Year 2022- 23 Police Department budget for this purchase.
Attachments:
Flock Safety Quote
Flock Safety Sole Source Justification
11.6 CONSENT CALENDAR
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Created Date: 01/09/2023
Expiration Date:03/09/2023
Quote Number:
Prepared By:Dalton WebbPhone:682-371-7260Email:[email protected]____________________________________________________________________________ Address Information
Bill To:Ria Medina Ship To:Ria Medina
Billing Company Name:City of Chino Police Department
Billing Contact Name:Ria Medina
Billing Email Address: [email protected]
Billing Phone: (909) 334-3062
Billing Fax:
____________________________________________________________________________ Terms and Conditions
Contract Start Date:
Subscription Term: 12 Months
Billing Frequency: 50%/25%/25%
11.6.a
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Hardware and Software ProductsAnnual recurring amounts over subscription term Products Product Description ProductSalesPrice
ProductQuantity
AnnualProductPrice
FlockOS IntermediatePackage
Flock Safety’s cutting edge situationalawareness platform. Real timeincident data in a single map view.Collect and manage video evidence,unlock situational awareness andenhance operations. $35,000.00 1.00 $35,000.00
Upgrades/enhancements
150 additional video feedsAxon Body 3/Fleet 3 integration Included 1 Included
Subtotal Year 1: $35,000.00
Subscription Term: 12 Months
Estimated Tax: $0.00
Contract Total: $35,000.00
Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of Customer. Thisis not an invoice – this document is a non-binding proposal for providing informational purposes only. Pricing issubject to change. This proposal shall be valid until the documented expiration date.
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SCOPE OF WORK
FlockOS Intermediate Package for Chino CA PD● Includes Esri map based interface● Video Management System● Integration of all existing Flock hardware● Real-Time alerting on Flock hardware● Unlimited users● Flock Insights/Analytics page● Unlimited connections to existing Flock LE customers● Flock ALPR search tool with vehicle fingerprint analytics● Real-Time NCIC alerts on Flock ALPR devices and software● Unlimited custom hot lists● Custom hotlist deconfliction portal● Hot list attachments● Virtual Pursuit mode analytics● Advanced Search package● Floor Plans *coming soon● Custom agency layers *coming soon● Public/Private partnership MOU creation● CAD connection to Chino PD Central Square● AVL connection to Chino PD vehicles through Central Square integration● Body Camera/Dash Camera integration for Axon Body/Fleet 3 Video feeds● 200 video feeds with FlockOS intermediate package, additional 150 video feeds included● API/ONVIF Bridge connection to existing Chino PD Milestone● Live and replay on all video feeds. Milestone retention is contingent on agency’s storage. FlockSafety Wingbox includes 14 days of edge storage.
Wingbox NVR’s included in package● 8 (eight) 4-channel Wingboxes to facilitate public/private partnership with 3rd party communitycameras● 2 (two) 8-channel Wingboxes to facilitate public/private partnership with 3rd party communitycameras
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Sole Source Letter for Flock Safety™FlockOS
Flock Safety is the world’s first public safety operating system and the sole manufacturer anddeveloper of the Flock SafetyOS. Flock Safety is also the sole provider of the comprehensivemonitoring, processing, and machine vision services which integrate with Flock Safetysituational awareness devices.
The Flock SafetyOS and devices are the only Law Enforcement grade system to offer thefollowing combination of proprietary features:
1. Vehicle Fingerprint Technology™:○ Patented proprietary machine vision to analyze vehicle license plate, staterecognition, and vehicle attributes such as color, type, make and objects (roofrack, bumper stickers, etc.) based on image analytics (not car registration data)○ Machine vision to capture and identify characteristics of vehicles with a paperlicense plate and vehicles with the absence of a license plate○ Ability to ‘Save Search’ based on description of vehicles using our patentedVehicle Fingerprint Technology without the need for a license plate, and set upalerts based on vehicle description○ Only LPR provider with “Visual Search” which can transform digital images fromany source into an investigative lead by finding matching vehicles based on thevehicle attributes in the uploaded photo
2. Integrated Cloud-Software:○ Best in class ability to capture two (2+) lanes of traffic simultaneously with asingle device and process up to 30,000 vehicles per day powered exclusively bysolar power○ Web based footage retrieval tool with filtering capabilities such as vehicle color,vehicle type, vehicle manufacturer, partial or full license plate, state of licenseplate, and object detection○ Utilizes motion capture to start and stop recording without the need for areflective plate○ Motion detection allows for unique cases such as bicycle capture, ATV,motorcycle, etc.○ On device machine processing to limit LTE bandwidth consumption○ Cloud storage of footage 1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
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3. Transparency & Ethical Product Design:○ One-of-a-kind “Transparency Portal” public-facing dashboard that details thepolicies in place by the purchaser, as well as automatically updated metrics○ Built-in integration with NCMEC to receive AMBER Alerts to find missing children○ Privacy controls to enable certain vehicles to “opt-out” of being captured
4. Live Video Integration:○ Ability to apply computer vision to third-party cameras using Wing™ LPR,transforming them to evidence capture devices using the same VehicleFingerprint technology offered on the Flock Safety Falcon™ ALPR cameras○ Wing™ Livestream integrates live stream traffic cameras, publicly or privatelyowned livestream security cameras into one cloud-based situational awarenessdashboard to increase response time in mission-critical incidents○ Manage various government intelligence including ALPR, livestream cameras,CAD, automatic vehicle location (AVL) on Flock Safety’s Wing™ Suite○ Access Wing™ Replay to unlock enhanced situational awareness with 7-dayfootage retention, Hot List Live Video Instant Replay, and downloadable MP4
5. Partnerships:○ Flock Safety is the only LPR provider to officially partner with AXON to benatively and directly integrated into Evidence.com○ Flock Safety is the only LPR provider to be fully integrated into a dynamicnetwork of Axon’s Fleet 3 mobile ALPR cameras for patrol cars and FlockSafety’s Falcon cameras○ Access to additional cameras purchased by our HOA and private businesspartners, means an ever-increasing amount of data at no additional cost
6. Warranty & Service:○ Lifetime maintenance and support included in subscription price○ Flock Safety is the only fully integrated ALPR one-stop solution from productionto delivery and installation○ Performance monitoring software to predict potential failures and other critical orminor issues Thank you,
Garrett Langley, CEO
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
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Revenue: Expenditure: 6607400-43650
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M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 21, 2023
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE AGREEMENT - 800 MHZ RADIO AGREEMENT WITH SAN BERNARDINO COUNTY.
RECOMMENDATION
1) Approve an Agreement with San Bernardino County in the amount of $319,754.40 for City Service radios; 2) authorize expenditures of up to $132,000 for extraordinary materials and maintenance; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
There are sufficient funds included in the adopted FY 2022-23 Equipment Management Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Superior Customer Service
• Public Service Excellence through Internal and External Partnerships • Effective Technology
11.7 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 21, 2023
SUBJECT: APPROVE AGREEMENT - 800 MHZ RADIO AGREEMENT WITH SAN
BERNARDINO COUNTY
PAGE 2
BACKGROUND
The City of Chino has been a part of the County of San Bernardino (County) 800 MHz Radio Communications System for nine (9) years. The County is the sole owner and operator of the 800 MHz Radio Communications System within the County and the primary source for public safety radio access and maintenance services of the system and related equipment. The system provides interoperability with other surrounding public safety agencies including, but not limited to the police, sheriff, fire departments and public works services for immediate emergency assistance.
By approving the County of San Bernardino Contract No. ITD -22021, the City will continue to receive 800 MHz radio access and maintenance services and related equipment provided by County personnel on a monthly per -unit basis. The system includes fixed relay equipment, known as the "backbone," which allows all dispatch centers, public safety locations, mob ile radios, and portable radios to communicate with each other and carry voice transmissions.
In the fiscal year 2017 -2018, City Council entered into a new contract agreement with the County of San Bernardino for the 800 MHz access and maintenance service s. The term of the contract was for a period of five (5) years which expired on December 30, 2022. The contract subscription fee for services was $327,543.36 annually for a total contract amount of $1,637,716.80. The City received the County’s new five (5) year agreement for radio services.
The new agreement outlines the Board of Supervisors approved rates for infrastructure and maintenance.
The subscription fee for services is established as follows:
Fiscal Year of Service Contracted Cost
FY 2022-2023 (6-Months/December 31 - June 30) $159,877.20 FY 2023-2024 $319,754.40
FY 2024-2025 $319,754.40
FY 2025-2026 $319,754.40
FY 2026-2027 $319,754.40
FY 2027-2028 (6-Months/July 1 - December 31) $159,877.20 TOTAL $1,598,772.00
ISSUES/ANALYSIS
The City’s 800 MHz access and maintenance services are specialized to the needs of the City and requires standardization to perform the intended function. Over the last five (5) years, operational costs for infrastructure, ongoing maintenance and equipment have increas ed for member agencies. Additionally, the County will implement its approved rates per the new agreement and its service charges to maintain the City’s inventory of 800 MHz radios and dispatch consoles.
The City Attorney has reviewed and approved the form of the new five (5) year agreement for radio services with the County of San Bernardino. Therefore, it is staff’s recommendation to approve a new five (5) year agreement with the County of San Bernardino for 800 MHz radio
11.7 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 21, 2023
SUBJECT: APPROVE AGREEMENT - 800 MHZ RADIO AGREEMENT WITH SAN
BERNARDINO COUNTY
PAGE 3
services.
Attachment: County of San Bernardino 800 MHz Radio Communication System Access Contract.
11.7 CONSENT CALENDAR
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Revised 05/23/2017 Page 1 of 14
THIS CONTRACT is entered into in the State of California by and between the San Bernardino County, hereinafter called the County, and hereinafter called Customer.
Name
City of Chino (Police & Public Works)
Address
13220 Central Avenue
Chino, CA 91710
Telephone
(909) 627 - 7577
Federal ID No. or Social
Security No.
hereinafter called Customer.
IT IS HEREBY AGREED AS FOLLOWS:
I. SAN BERNARDINO COUNTY 800 MHz RADIO COMMUNICATION SYSTEM ACCESS
The 800 MHz Radio Communications System, hereinafter called System, is composed of two components known as the Backbone and Field Equipment. The Backbone is defined as that portion of the System that provides the means by which dispatch centers, public safety locations, mobile radios, and portable radios communicate with each other via voice transmission. It is composed primarily of fixed relay equipment and associated centralized dispatch and control equipment, including Mobile Data Access Modems owned and maintained by the County. Field Equipment is defined as that portion of the System that uses the Backbone for communications and consists primarily of local dispatch equipment, mobile radios, and portable radios. Specific charges for the services provided under this Agreement are set forth in Exhibit A, 800 MHz Radio Communications System Access/Paging Services and Payment Terms, as attached hereto and herein incorporated.
FOR COUNTY USE ONLY
New FAS Vendor Code
SC
Dept.
A
Contract Number
Change ITD-22021 Cancel
ePro Vendor Number ePro Contract Number
County Department Dept. Orgn. Contractor’s License No.
Innovation and Technology Department
County Department Contract Representative Telephone Total Contract Amount F A S
STANDARD CONTRACT
Kim Lewis (909)388-0522 $1,598,772.00
Contract Type
Revenue Encumbered Unencumbered Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 1/1/2023 12/31/2028 $1,598,772.00
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount 4020 120 040 70 9881 $1,598,772.00
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount $
Project Name Estimated Payment Total by Fiscal Year
Radio Access & Maintenance FY Amount I/D FY Amount I/D 2023-24 319,754.40
2026-27 319,754.40
2024-25 319,754.40
2027-28 319,754.40
Customer No. 2025-26 319,754.40
11.7.a
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A. System Purpose and Objective
The primary purpose of the System is to serve the County and accommodate participation by public safety and local governmental agencies in San Bernardino County, Secondarily, other governmental and safety related non- governmental users may be allowed access to the System as conditions warrant and as provided for by this Agreement. During a disaster, public safety users will receive priority in all areas, based enti rely on emergency response responsibilities and access to the System by non-public safety users may be limited or suspended.
B. Backbone Operational Policies
Public safety and local governmental users shall have operational priority over all other users . In the case of a disaster, public safety users affected by the disaster shall have operational priority over all other public safety users, with County public safety users afforded the highest priority.
1) County has the final authority, at all times, to exerc ise discretionary control over the Backbone, and to otherwise manage Backbone traffic to ensure the ability of immediate- need public safety agencies to effectively communicate and for the overall benefit of all Backbone users . EXCEPT FOR GROSSLY
NEGLIGENT ACTS OR OMISSIONS IN EXERCIZING ITS AUTHORITY UNDER THIS SECTION, THE COUNTY WILL HAVE NO LIABILITY WHATSOEVER FOR SYSTEM ALLOCATION DECISIONS.
C. Backbone Modification (Post Backbone Implementation)
1) The County may determine that Backbone modification is needed from time to time to meet the changing needs of County and/or users.
2) Costs for Backbone modifications made after the execution of this Agreement shall be assessed as follows:
(i) If the modification benefits all users, each user will bear the pro rata cost of the modification based on the user’s derived benefit. Derived benefit shall be determined as a percentage based on the number of units that are in service by each end user divided by the total units being serviced by the Backbone infrastructure at the time the modification is made.
(ii) If the modification improves service only for users in a definable local area, all users in such definable local area, and participating in and receiving direct benefit from the modification, shall share the cos ts for its implementation, operation, and maintenance equally.
(iii) If the modification only applies to a specific subset of users, the subset of users that caused the modification shall share the cost s of the modification its implementation, operation, and ma intenance equally.
(iv) if the modification is requested by, and benefits only Customer, Customer shall bear the entire cost of the modification, its implementation, operation, and maintenance.
3) Customer acknowledges and agrees that the County is the sole deci sion-maker in determining the allocation of costs for all Backbone modifications.
D. Field Equipment
1) Customer shall, at Customer ’s expense and future financial liability, purchase and maintain its own Field Equipment.
2) Customer shall, at Customer ’s expense, expand or modify existing Customer structures, facilities, or dispatch centers as required to support the installation of Customer’s Field Equipment.
3) Customer is solely responsible for ensuring that the Field Equipment is compatible with the System.
E. Related Non-Governmental Users
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Revised 05/23/2017 Page 3 of 14
1) At times, Customer’s non-governmental users may have a need to communicate with public safety/local government services during emergencies, or in their daily support of public safety/local government services.
Where it is not in conflict w ith Federal Communications Commission (FCC) Regulations or other laws, and subject to approval by County, Customer ’s non-governmental users may be allowed Backbone access.
However, Customer’s non-governmental use of the Backbone for day -to-day operations s hall be on a non - interfering, prioritized basis, and subject to channel loading limits, as determined by County.
2) County shall be responsible for coordinating Backbone access and implementing terms and conditions of such use, including one-time and recurring costs to be paid by new users.
3) County shall monitor non-governmental users of the Backbone. If the needs of public safety/local government expand to the point of competition with non- governmental use of the Backbone, Customer’s non- governmental users may be required by the County to terminate their use of the Backbone.
4) Customer’s non-governmental users will be removed in reverse order of their entry into the System, i.e., the last user to enter the System will be the first user to be remov ed unless any other Customer ’s non- governmental user voluntarily relinquishes access.
5) County will provide Customer ninety (90) days prior written notice of termination of access to allow Customer’s non- governmental users to remove their equipment or trans fer their operations to another communications system. At the expiration of the notice period, the Customer’s non- governmental users will be denied access to the System.
F. Backbone Ownership
It is understood that County has ownership of the Backbone, and upon any termi nation of this Agreement by County or by Customer, any and all rights, title, and interest in the Backbone shall remain with the County.
II. MEGAHERTZ RADIO AND EQUIPMENT MAINTENANCE SERVICES
The San Bernardino County, Innovation and Technology Department (ITD) offers a number of 800 MHz radio and equipment maintenance services to public safety and local governmental agencies in San Bernardino County, as well as other governmental and safety -related non-governmental users. Services provided under this A greement consist of 800MHz Backbone radio equipment maintenance, 800 MHz mobile/portable radio equipment maintenance, Mobile Data Access Modems maintenance, 800 MHz radio dispatch equipment maintenance, and 800 MHz radio battery replacement.
Specific charges for these services are set forth and attached hereto as Exhibit A, 800 MHz Radio Communications System Access/Paging Services and Payment Terms.
A. County Responsibilities in Providing Maintenance Services
If providing maintenance services to Customer, ITD:
1) Will maintain sufficient spare mobile radios to temporarily replace equipment that is removed from service for maintenance reasons;
2) Will r emove, reinstall and maintain Customer -owned radios or other covered equipment that has bec ome defective from normal wear and usage, as solely determined by ITD, and perform repairs at ITD or elsewhere as determined by ITD;
3) Will provide a two-hour response time from notification for problems with radio dispatch equipment and Backbone radio equipment, and reasonable response time during normal County work hours on normal County business days for maintenance of Mobile Data Access Modems, and mobile/portable radios with after hours service available at premium rates;
4) Reserves the right to subcontract for all or part of services;
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5) Assumes no liability for equipment failure in the field, or for any adverse consequences caused by such failed equipment;
6) Assumes no liability for failure to provide or delay in providing services, under this Agreement.
B. County Services Provided on a Time and Materials Basis
1) Service required due to Customer abuse or abnormal wear;
2) Service to correct attempts by Customer or unauthorized third parties to repair or modify equipment;
3) Facility electrical problems at Customer location(s) or vehicle electrical problems;
4) Services in addition to those identified above, to the extent feasible and cost-effective, as determined by ITD;
5) Program or re-program radios at Customer’s request or in response to abnormal wear and usage, except for County-originated systems reconfigurations;
6) Replacement of accessories and consumable items, including batteries, antennas, and microphone cords;
7) Radio reactivations are processed within 5 business days after the request is received and are billed for each serial number reactivated at one- half of the Board-approved hourly rate in effect at the time reactivation is ordered.
C. Customer Responsibilities
1) Customer shall procure its own Field Equipment and shall:
(i) Provide ITD with model and serial numbers of all equipment to be covered under this Agreement. (ii) Designate an individual as the single point of contact for maintenance coordination. (iii) Coordinate and schedule service requirements with ITD in advance whenever possible. (iv) Advise ITD of all radio rel ocations or reass ignments within their fleet, within 24 -hours of relocation or reassignment.
2) It is Customer’s sole responsibility to maintain a current inventory of its Field Equipment using the System and to approve and validate billing of that inventory . If Customer identifies discrepancies between billing and its inventory, a dispute notice should be sent by e- mail to I [email protected] along with a justification and related documentation. If ITD determines that a charge was billed incorrectly , ITD will issue the applicable credit on the next monthly billing cycle.
III. EFFECTIVE DATE AND TERMINATION
This Agreement shall commence on January 1, 2023 hereinafter Effective Date. This Agreement shall remain in effect for five (5) years from the Effective Date , u nless the County or the Customer, terminates the Agreement by giving sixty (60) days prior written notice to the other. County may, at its sole discretion, opt not to terminate its services until replacement services are identified and in place; however, in no event shall County’s services be continued beyond 120 days of the original written notice. Any such termination date shall coincide with the end of a calendar month. Neither party shall incur any liability to the other by reason of such termination.
IV. RATES AND PAYMENT TERMS
Payment rates and conditions are set forth on Exhibit A, 800 MHz Radio Communications System Access/Paging Services and Payment Terms attached hereto. Services are provided and invoiced on a monthly basis s tarting on the
Effective Date of the Agreement, or starting on the installation date, if applicable. Monthly payment shall be due upon receipt of invoice. If a change in service level is requested or required, County will provide to Customer a revised Exhibit A, incorporating such changes, which shall be signed by Customer and returned to County.
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Customer’s subsequent invoice shall be adjusted in accordance with the changes, on a prorated basis, as necessary.
Exhibit A reflects the rates in effect at t he execution of t his Agreement. Any subsequent rate change shall become effective on July 1 of the County fiscal year (July 1 through June 30). County shall provide notice to Customer of rate change(s).
Customer’s subsequent invoice shall be adjusted in accordance with t he rate change(s). Checks shall be made payable to San Bernardino County.
PAYMENT ADDRESS: Innovation and Technology Department
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915
Attn: Administration Services
V. AGREEMENT AUTHORIZATION
Customer warrants and represents that the individual signing this Agreement is a properly authorized representative of the Customer and has the full power and authority to enter into this agreement on the Customer’s behalf.
VI. ASSIGNMENT
The Customer may not assign this Agreement nor any rights, licenses or obligations hereunder , and any such assignment shall be void and without effect unless the County approves the assignment in writing.
VII. DEFAULT
If the Customer does not make timely payme nt of amounts due under this A greement or breaches any term or condition of this A greement, County may declare immediately due and payable the entire unpaid amount, plus all other amounts due hereunder, less any unearned charges. County may also exercise all rights and remedies of a secure party under the Uniform Commercial Code (or other similar law) of the State of California and pursue any other remedies existing in law or in equity.
VIII. INDEMNIFICATION AND INSURANCE
A. Indemnification
The Count y agrees to defend and indemnify the Customer and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising solely out of the acts, errors or omissions of County in the performance of this Agreement, except where such indemnification is prohibited by law. At its sole discretion, Customer may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not reliev e County of any obligation imposed by this Agreement.
Customer shall notify County promptly of any claim, action or proceeding and cooperate fully in the defense. The Customer hereby agrees to defend and indemnify the County, its agents, officers and empl oyees (hereafter collectively referred to in this paragraph as 'County') from any claim, action or proceeding against County, arising solely out of the acts or omissions of Customer in the performance of this Agreement. At its sole discretion, County may participate at its ow n expense in the defense of any such claim, action or proceeding, but such participation shall not relieve Customer of any obligation imposed by this Agreement. County shall notify Customer promptly of any claim, action or proceeding and cooperate fully i n the defense. In the event that County and/or Customer are determined to be comparatively at fault for any claim, action, loss or damage that results from their respective obligations under this Agreement, County and/or Customer shall indemnify the other to the extent of its comparative fault.
B. Insurance
Customer agrees to provide insurance set forth in accordance with the requirements herein. If Customer uses
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existing coverage to comply with these requirements and that coverage does not meet the speci fied requirements, Customer agrees to amend, supplement, or endorse the existing coverage to do so.
1) Additional Insured – All policies, except for the Workers’ Compensation, Errors and Omissions and Professional Liability policies, sh all contain endorsements naming the County and its officers, employees, agents and volunteers as additional insured with respect to liabilities arising out of the performance of services hereunder.
2) Waiver of Subrogation Rights – Customer shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors, and subcontractors.
All general or auto liability insurance coverage provided shall not prohibit Customer and Customer’s employees or agents from waiving the right of subrogation prior to a loss or claim. Customer hereby waives all rights of subrogation against the County.
3) Policies Primary and Non- Contributory – All policies required herein are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the County. 4) Severability of Interests – Customer agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between Customer and the County or between the County and any other insured or additional insured under the policy.
5) Proof of Coverage – Customer shall furnish Certificates of Insurance to ITD evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to ITD , and Customer shall maintain such insurance for three (3) years after termination of the Agreement. Within fifteen (15) days of the commencement of this contract, Customer shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
6) Acceptability of Insurance Carrier – Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum Best Insurance Guide rating of A- VII.
7) Deductibles and Self -Insured Retention - Any and all deductibles or self -insured retentions in excess of $10,000 shall be declared to and approved by Risk Management. 8) Failure to Procure Coverage – In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by Customer.
9) Insurance Review – Insurance requirements are subject to periodic review by the County. The Direct or of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.
10) Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Customer agrees to execute any such amendment within thirty (30) days of receipt.
11) Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
12) Without in anyway affecting the indemnity herein provided and in addition thereto, the Customer shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
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(i) Workers’ Compensation/Employers Liability – A program of Workers’ Compensation insurance or a state- approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of Customer and all risks to such persons under this contract.
(ii) C ommercial/General Liability Insurance – Customer shall carry General Liability Insurance covering all operations performed by or on behalf of Customer providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence.
The policy coverage shall include:
a. Premises operations and mobile equipment
b. Products and completed operations
c. Broad form property damage (including completed operations) e. Explosion, collapse, and underground hazards
f. Personal injury
g. Contractual liability
h. $2,000,000 general aggregate limit
(iii) Automobile Liability Insuran ce – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired, and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.
If Customer is transporting one or more non- employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.
If Customer owns no autos, a non- owned auto endorsement to the General Liability policy described above is acceptable.
(iv) Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a dropdown provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
IX. TERMINATION OR SUSPENSION OF SERVICES
A. Immediate Suspension, Uncured Termination
The County may, in its sole discretion and without prior notice, immediately suspend all or part of the Services for breach of any of the conditions identified below. The County will provide Customer a written notice of breach and allow the Customer 30 days to correct the condition giving rise to such breach. If the Customer fails to remedy the breach within the 30-day cure period, the County may immediately terminate the Services with no further notice required.
1) Customer shall ensure that it has all necessary licenses and permits required by the laws of the United St ates, State of California, San Bernardino County, and all other appropriate governmental agencies, and agrees to maintain these licenses and permits in effect for the duration of the Agreement. Customer shall notify County immediately of loss or suspension of any such licenses and permits. Customer shall comply with all applicable laws, statutes, ordinances, administrative orders, rules, or regulations relating to its duties, obligations, and performance under the terms of the Agreement.
2) Customer shall comply with all applicable laws, statutes, ordinances, administrative orders, rules, or regulations relating to its duties, obligations, and performance under the terms of the Agreement.
3) Customer represents and warrants to County that (i) the information Customer provides in connection with registration for the Services is accurate and complete; (ii) Customer’s use of the System is not illegal, defamatory, malicious, harmful, or discriminatory based on race, sex, religion, nationality, disability, sexual
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4) orientation, or age; (iii) Customer’s use of the Services complies with all applicable laws, rules, and regulations; (iv) Customer has obtained all consents and licenses required to legally access and use the System; (v) the execution and delivery of this Agreement will not conflict with, or violate any provision of, Customer’s charter, by-laws or other governing documents; and (vi) Customer has otherwise taken all necessary steps to legally execute this Agreement.
5) Customer agrees to abide by all existing and future security practices, policies and protocols established by the County, which the County has established to ensure the integrity of the System. Customer understands that the County closely monitors the System and may perform periodic security audits.
6) Customer agrees to implement measures that are reasonable for Customer’s use of the System to prevent interference with the operation of the System. NEITHER COUNTY NOR ANY OF ITS EMPLOYEES,
AGENTS, REPRESENTATIVES, SERVICE SUPPLIERS OR LICENSORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO, MISUSE OF, CUSTOMER’S INABILITY TO ACCESS, OR DAMAGE TO THE SYSTEM OR CUSTOMER’S FIELD EQUIPMENT, UNLESS AND ONLY TO THE EXTENT THAT THIS DISCLAIMER IS PROHIBITED BY APPLICABLE LAW.
B. Immediate Termination
The County may, in its sole discretion and without prior notice, immediately suspend or terminate all or part of the Services for any of the conditions identified below. The County will promptly provide Customer a written notice of
termination or suspension of Services to Customer.
1) County discovers that Customer provided false registration information, or that Customer lacked the capacity to enter into this Agreement at the time of its consummation;
2) County determines, in its sole discretion, that Customer’s use of the Services poses a threat to the security or performance of the System or to any of County’s other users or suppliers;
3) County determines, in its sole discretion, that Customer’s use of the Services is illegal;
4) County reasonably believes that Customer’s use of the Services has or will subject County to civil or criminal liability;
5) Customer fails to make any payment when due; or
6) Customer breaches any of the other material terms and conditions in this Agreement.
X. GENERAL TERMS AND CONDITIONS
A. Permits - Customer is responsible for obtaining and paying any costs of all permits, licenses or approvals by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate.
B. Attorneys’ Fees. If any legal action is instituted to enforce any party’s rights hereunder, each party agrees to bear its own attorneys' fees and costs regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third -party legal action against a party hereto and payable under Section VIII(A)(a) Indemnification.
C. Waiver - No waiver of a breach of any provision of this Agreement shall constitute a waiver of any other breach, or of such provision. Failure of County to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity.
D. Validity - The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.
E. Caption and Paragraph Headings - Captions and paragraph headings used herein are for convenience only and
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are not a part of this agreement and shall not be used in construing it.
F. Exhibits - All Exhibits attached hereto, if any, are an integral part of this Agreement and are incorporated herein by reference.
G. Entire Agreement - This Agreement shall be governed by the laws of the State of California and constitutes the entire Agreement between the parties and supersedes all prior negotiations, discussions, and preliminary understanding. This Agreement may be amended as County and the Customer mutually agree in writing. Any such amendment must be in a physical writing and manually signed by authorized representatives of the County and Customer.
H. Notifications - All notices or demands required or permitted to be given or made hereunder shall be in writing and shall be deemed duly given: (a) upon actual delivery, if given in p erson; (b) upon receipt, as evidenced by transmission confirmation, if sent by facsimile; (c) within three (3) days after deposit if sent via United States First Class mail, postage prepaid; or (d) upon receipt as evidenced by proof of delivery if sent by commercial overnight courier. Each such notice is to be sent to the respective party at the address indicated below or to any other address or person that the respective parties may designate by written notice delivered pursuant hereto:
Customer: City of Chino Police and Public Works
13220 Central Avenue
Chino, CA 91710
909-627-7577
Attention: Contracts/Administration
Isaac Moreno Supervisor in Public Works 909-334-3502
County: San Bernardino County,
Innovation and Technology Department
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915
(909) 388-5555
Attn: Administration Services
XI. INNOVATION AND TECHNOLOGY DEPARTMENT AUTHORIZATION
The County’s Innovation and Technology Department, throug h the Chief Executive Officer or its Chief Information Officer or designee, is authorized to discharge all functions ascribed to County in this Agreement, except those specifically reserved by law to the Board of Supervisors.
XII. FORCE MAJEURE
County shall not be held liabl e for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority , government regulations, strikes, l abor disputes, embargoes, epidemics, war, terrorist acts, riots, insurrections, fire, explosions, earthquakes, nuclear accidents, floods, power blackouts, brownouts, or surges, volcanic action, other major environmental disturbances, unusually severe weath er conditions, inabil ity to secure product or services of other persons or transportation facilities, or acts or omissions of transportation common carriers.
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IN WITNESS WHEREOF , the parties have hereto executed this Agreement on the date set forth below their res pective signatures.
SAN BERNARDINO COUNTY, CITY OF CHINO
Chief Information Officer
(State if corporation, company, etc.)
Dated By
(Authorized Signature)
Dated
Title
Address
Approved as to Legal Form Reviewed by Contract Compliance
Bonnie Uphold, Supervising Deputy
County Counsel
Date Date
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EXHIBIT A
800 MHz RADIO COMMUNICATIONS SYSTEM ACCESS/PAGING SERVICES AND PAYMENT TERMS
________________________________________________________________________________________________
PAYMENT SCHEDULE
Monthly Invoicing: County will invoice Customer monthly for services rendered.
Payments are due upon receipt of invoice and payable within sixty (60) days of invoice date. ________________________________________________________________________________________________
CHARGES FOR SERVICES
Service(s) No of Units Monthly Unit Charge Monthly Charge Radio Access & Maintenance 490 $54.38 $26,646.20
Total Estimated Monthly Cost $26,646.20
Total Estimated Yearly Cost $319,754.40
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SERIAL NUMBERS
Serial #s TL. 490
443CUX1392
481CXB0221
481CXB0222
481CXR1669
481CXR1670
481CXR1671
481CXR1672
481CXR1673
481CXR1674
481CXR1675
481CXR1676
500CEA0388
500CEA0391
500CEA0405
500CEJ1241
500CEJ1242
500CEJ1243
500CEJ1244
500CEY5874
500CEY5875
500CEY5876
500CEY5878
500CEY5879
500CEY5881
500CEY5882
500CEY5883
500CEY5884
500CEY5887
500CEY5888
500CEY5889
500CEY5891
500CEY5893
500CEY5894
500CEY5896
500CEY6175
500CEY6176
500CEY6178
500CEY6179
500CEY6180
500CEY6181
500CEY6182
500CFK0503
500CFK0506
500CGB0145
500CGB0146
500CGB0147
500CGB0148
500CGB0149
500CGB0150
500CGB0151
500CGB0152
500CGB0153
500CHF2224
500CHF2242
500CHF2245
500CHF2246
500CHF2247
500CHF2248
500CHF2249
500CHF2250
500CHF2251
500CHF2252
500CHF2253
500CHF2254
500CHF2255
500CHF2256
500CHF2257
500CHF2258
500CHF2259
500CHF2260
500CHF2261
500CHF3086
500CHF3087
500CHF3088
500CHF3089
500CHF3090
500CHF3091
500CHM1763
500CHM1765
500CHM1766
500CHM1767
500CHM1769
500CHM1770
500CHM1771
500CHM1773
500CHM1774
500CHM1776
500CJK1138
500CJK1139
500CJK1140
500CJK1141
500CJK1142
500CJK1144
500CJK1146
500CJK1148
500CJK1149
500CJK1152
500CJK1153
500CJK1154
500CJK1155
500CJK1156
500CKB0203
500CKB0204
500CKB0205
500CKB0206
500CKB0207
500CKB0208
500CKB0209
500CKT1512
500CKT1513
500CKT1515
500CKT1516
500CKT1517
500CLX1009
500CLX1010
500CLX1011
500CLX1015
500CLX1019
500CLX1021
500CLX1024
500CLX1025
500CLX1029
500CLX1031
500CLX1032
500CLX1035
500CLX1036
500CLX1037
500CLX1039
500CLX1041
500CLX1042
500CLX1046
500CLX1047
500CLX1048
500CLX1049
500CLX1050
500CLX1052
500CLX1147
500CLX1148
500CLX1149
500CLX1150
500CLX1152
500CLX1153
500CLX1154
500CLX1155
500CLX1161
500CLX1162
500CLX1178
500CLX1180
500CLX1183
500CLX1185
500CLX1186
500CLX1188
500CLX1189
500CLX1191
500CLX1193
500CLX1194
500CLX1195
500CLX1197
500CLX1198
500CLX1199
500CLX1200
500CLX1203
500CLZ1291
500CMB0296
500CMB0298
500CMB0299
500CMB0300
500CMB0301
500CMB0302
500CMB0303
500CMB0304
500CMB0305
500CMB0306
500CMB0307
500CMB0308
500CMB0310
500CMB0312
500CMB0313
500CMB0314
500CMB0315
500CMB0316
500CMB0318
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500CMB0319
500CMB0320
500CMB0321
500CMB0322
500CMB0323
500CMB0324
500CMB0325
500CMB0326
500CMB0327
500CMB0328
500CMB0329
500CMB0330
500CMB0331
500CMB0332
500CMB0333
500CMB0334
500CMB0336
500CMB0337
500CMB0338
500CMB0339
500CMB0340
500CMB0341
500CMB0343
500CMB0344
500CMB0345
500CMB0346
500CMB0347
500CMB0348
500CMB0349
500CMB0350
500CMB0351
500CMB0352
500CMB0354
500CMB0355
500CMB0356
500CMB0357
500CMB0358
500CMB0359
500CMB0360
500CMB0361
500CMB0363
500CMB0364
500CMB0365
500CMB0366
500CMB0367
500CMB0368
500CMB0369
500CMB0370
500CMB0389
500CPZ0193
500CPZ0234
500CPZ0376
500CPZ0381
500CPZ0385
500CPZ0701
500CPZ0911
500CPZ1073
500CPZ1136
500CPZ1137
500CPZ1140
500CPZ1141
500CPZ1143
500CPZ1144
500CPZ1146
500CPZ1149
500CPZ1151
500CPZ1152
500CPZ1153
500CPZ1154
500CPZ1237
500CPZ1241
500CPZ1246
500CPZ1249
500CPZ1250
500CPZ1253
500CPZ1254
500CPZ1292
527CWK0113
721CDJ0643
721CEC0781
721CEC1059
721CEC1060
721CEC1061
721CEC1062
721CEC1066
721CEC1067
721CEC1068
721CEC1069
721CEY9679
721CEY9680
721CEY9681
721CEY9682
721CEY9684
721CEY9685
721CEY9686
721CEY9687
721CEY9689
721CEY9690
721CFP3477
721CHZ7729
721CHZ7730
721CHZ7731
721CHZ7732
721CHZ7733
721CHZ7734
721CHZ7735
721CHZ7736
721CJK2833
721CJK2836
721CJK2839
721CJZ4080
721CJZ4082
721CJZ5092
721CJZ5093
721CJZ5094
721CJZ5095
721CJZ5096
721CJZ5097
721CJZ5098
721CJZ5099
721CJZ5100
721CJZ5101
721CJZ5102
721CJZ5103
721CJZ5104
721CJZ5105
721CJZ5108
721CJZ5110
721CJZ5111
721CJZ5112
721CJZ5113
721CJZ5114
721CJZ5115
721CJZ5116
721CJZ5117
721CJZ5118
721CJZ5119
721CJZ5120
721CJZ5121
721CJZ5123
721CJZ5124
721CJZ5125
721CJZ5126
721CJZ5128
721CJZ5129
721CJZ5130
721CJZ5131
721CJZ5133
721CJZ5134
721CJZ5135
721CJZ5136
721CJZ5137
721CJZ5138
721CJZ5139
721CJZ5140
721CJZ5141
721CJZ5142
721CJZ5143
721CJZ5144
721CJZ5145
721CJZ5147
721CJZ5148
721CJZ5149
721CJZ5150
721CJZ5151
721CJZ5152
721CJZ5153
721CJZ5155
721CJZ5156
721CJZ5157
721CJZ5158
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Revised 05/23/2017 Page 14 of 14
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Revenue: Expenditure: 6607400-48070 | 66074001-(IE234,IE236,IE237)
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 21, 2023
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: PURCHASE ORDER AND VENDOR CAP INCREASE M.K. SMITH CHEVROLET.
RECOMMENDATION
1) Approve a purchase order to M.K. Smith Chevrolet, Chino, CA, in the amount of $320,946.64 for the purchase of nine (9) Chevrolet Colorado vehicles; 2) increase the vendor cap by $20,946.64 to a revised total vendor cap of $672,726.19; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are included in Fiscal Year 2022-2023 Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning
11.8 CONSENT CALENDAR
Packet Pg. 104
COUNCIL MEETING DATE: FEBRUARY 21, 2023
SUBJECT: PURCHASE ORDER AND VENDOR CAP INCREASE M.K. SMITH CHEVROLET PAGE 2
BACKGROUND
The Public Works Department/Fleet Division is responsible for the purchase, maintenance, and replacement of all City -owned vehicles. When a vehicle is purchased, it is assigned a unit number and placed on a repla cement schedule. The following four (4) vehicles (assigned to Development Services, Public Works, and Community Services) are in need of replacement due to mechanical conditions, depreciation, and/or replacement schedule.
Development Services Department
• Unit No. 215 - 2006 Chevrolet Colorado Pick-up Truck
Public Works Department
• Unit No. 405 - 2005 Chevrolet Colorado Pick-up Truck
Community Services Department
• Unit No. 212 - 2004 Chevrolet Colorado Pick-up Truck
• Unit No. 805 - 2007 Honda Civic Sedan
Also, the approved Fiscal Year 2022 -23 budget includes funds for the purchase of five (5) new vehicles assigned to the Police Department, Development Services, and Public Works. These vehicles will be additions to the City’s fleet.
Police Department, Development Services, and Public Works Department • Unit No. 226 - Chevrolet Colorado Crew Cab Truck
• Unit No. 227 - Chevrolet Colorado Crew Cab Truck
• Unit No. 540 - Chevrolet Colorado Crew Cab Truck
• Unit No. 541 - Chevrolet Colorado Crew Cab Truck
• Unit No. 322 - Chevrolet Colorado Crew Cab Truck
ISSUES/ANALYSIS
Finance staff, with the assistance of Public Works staff, compiled specifications and prepared a bid package for nine (9) model year 2022/2023/2024 Chevrolet Colorado. The selected vehicle model was chosen to mai ntain consistency with the overall fleet, operator and mechanic familiarity, and the availability of parts from local dealerships. On May 24, 2022, the bid notices for IFB 20227014 and 20227022 were published on Planet Bids and broadcasted to 58 dealerships. On June 7, 2022, the City did not receive any bids for line item #2 of IFB 20227014 and line items #1, 2, and 3 of IFB 20227022 for a total of nine (9) vehicles being non - responsive.
As a result, M.K. Smith Chevrolet, Chino, CA, was selected as a v endor to provide the City with this type of vehicle. M.K. Smith presented a quote for nine (9) vehicles, 1 overstock Model Year 2022/2023 and eight (8) build out Chevrolet Colorado 2023/2024. The pricing is as follows:
M.K. Smith Chevrolet Chino, CA
Vehicle
Description
Price (9)
Units
Tax and
Fees
Accessories
Toolbox, Bed
Covers
Total Cost for Vehicles
2022/2023/2024
Chevrolet
$292,340.25 $23,838.39 $4,768.00 $320,946.64
11.8 CONSENT CALENDAR
Packet Pg. 105
COUNCIL MEETING DATE: FEBRUARY 21, 2023
SUBJECT: PURCHASE ORDER AND VENDOR CAP INCREASE M.K. SMITH CHEVROLET PAGE 3
Colorado
M.K. Smith Chevrolet’s pricing has been reviewed and approved by City staff.
Therefore, staff recommends that City Council approve the following purchase order to M.K.
Smith Chevrolet, Chino, CA in the amount of $292,340.25 plus sales tax, accessories, and fees of $28,606.39, for a total amount of $320,946.64. All support d ocuments are on file with the City’s Finance Department/ Purchasing Division.
Attachment: MK Smith Vehicle Quote 2023 Chevrolet Colorado
11.8 CONSENT CALENDAR
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11.8.a
Purchase Order and Vendor Cap Increase M.K. Smith
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11.8.a
Purchase Order and Vendor Cap Increase M.K. Smith
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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 21, 2023
TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES / RISK
MANAGEMENT
SUBJECT: ADOPT ORDINANCE NO. 2023 -002, AM ENDING CHAPTER 2.24 (SECOND READING).
RECOMMENDATION
Adopt Ordinance No. 2023 -002 on second reading, amending Chapter 2.24 of the Chino Municipal Code -- Personnel System.
FISCAL IMPACT
There is no fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning
11.9 CONSENT CALENDAR
Packet Pg. 109
COUNCIL MEETING DATE: FEBRUARY 21, 2023
SUBJECT: ADOPT ORDINANCE NO. 2023-002, AMENDING CHAPTER 2.24 (SECOND
READING)
PAGE 2
BACKGROUND
This matter was introduced on first reading by the Council at their February 7, 2023 meeting. By the passage of this Ordinance, the City Council authorizes the amendment of Chapter 2.24 of the Chino Municipal Code – Personnel System.
Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
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
Attachment: Ordinance No. 2023-002
11.9 CONSENT CALENDAR
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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
11.9.a
Adoption of Ordinance No. 2023-002 (Second Reading)
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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
11.9.a
Adoption of Ordinance No. 2023-002 (Second Reading)
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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 21, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2023-001 (ZOA PL22-0101).
RECOMMENDATION
1) Conduct a public hearing; and 2) approve the introduction of Ordinance No. 2023 -001, to be read by number and title only, and waive further reading of the Ordinance.
FISCAL IMPACT
There is no fiscal impact resulti ng from these changes to the Zoning Code. This item is a comprehensive update to assist in the implementation of the Zoning Code and does not involve any future expenditures.
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:
• Superior Customer Service
• Responsible Long-Range Planning
12.10 PUBLIC HEARING
Packet Pg. 113
COUNCIL MEETING DATE: FEBRUARY 21, 2023
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2023-001 (ZOA PL22-0101) PAGE 2
BACKGROUND
Staff is pro posing an annual update to Title 20, Zoning, of the Chino Municipal Code. The proposed changes this year consist of modifications to several chapters to address issues staff has encountered in implementing the Zoning Code, as well as to update the code to reflect changes that have occurred in State Law. Most of the proposed changes are considered minor in nature and will help new businesses looking to establish within the City. A list of all the proposed Zoning Code changes is outlined in more detail below . The update provides superior customer service by streamlining the approval process for various uses to better accommodate businesses looking to locate in the City. The update also promotes responsible long range planning by evaluating land uses and updating the Zoning Code accordingly.
The Planning Commission reviewed the proposed amendment on January 18, 2023, and recommended approval of the ordinance with no changes to the City Council by a 5-0 vote.
ISSUES/ANALYSIS
The following is a summary of requested changes to the Zoning Code:
Residential Day Care Facilities
The Zoning Code currently classifies residential day care facilities, or day care facilities operated within a home, as small or large. Small facilities allow up to 6 children to be cared for within the home and are permitted by right, whereas large facilities allow up to 14 children and require approval of a Special Conditional Use Permit (SCUP). Senate Bill (SB) 234 went into effect January 1, 2020 and prohibits cities from classifying these facilities as small or large, as well as from requiring zoning approval to operate the facilities. Tables 20.04 -1, 20.04-2 and
20.05-1 are being modified to address this change by removing the small and large classification of day care facilities. The a dditional standards for day care facilities located in Chapter 20.21.090 are also being updated to bring the Zoning Code in compliance with this law.
Gyms and Athletic Instruction
Currently gyms and athletic instruction are classified as either a minor or major facility. Major facilities require approval of a SCUP, while minor facilities require approval of an Administrative Approval (AA). The City has been approached over the years with smaller operators looking to establish a facility in commercial zones that offer yoga, pilates, spin classes, and other types of uses that are small in nature and do not necessitate the same level of review of the larger facilities. As a result, a third category is proposed for “Small/Boutique Fitness Studio”, that would a llow uses that offer one -on-one instruction or a class setting with a maximum of 20 persons by right in the Commercial General (CG) and Commercial Regional (CR) zoning districts. The Commercial Neighborhood (CN), Commercial Office (CO), and Commercial Service (CS) zoning districts will still require an AA to allow staff to evaluate parking and land use compatibility.
Adult Day Care Facilities
The Zoning Code currently does not specifically address adult day care facilities, but there is currently one operating in the Chino Promenade commercial center that was approved through a SCUP under the current day care provision allowance. This change will clarify the approval of these types of facilities subject to approval of a SCUP in the CN, CG, CO and CR zoning districts, consistent with past practice.
12.10 PUBLIC HEARING
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COUNCIL MEETING DATE: FEBRUARY 21, 2023
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2023-001 (ZOA PL22-0101) PAGE 3
Guns and Ammunition Sales
The Zoning Code currently allows the retail sales of guns and ammunition in the CG and CR zoning districts subject to approval of a SCUP. The City has been approached by a business looking to establish this use in industrial zones consistent with other cities in the area. Staff has worked with the Police Department and determined that the retail sale of guns and ammunition would be acceptable in the CS, Business Park (BP) and M1 (Light Industrial) zoning districts.
The proposed change would allow this use in these zoning districts subject to approval of an AA.
Microbreweries and Distilleries
The growing popularity of microbreweries has prompted interest to locate this use in commercial zones, in which the use is currently not permitted. These businesses typically operate more like a restaurant and are located in a variety of zones in nearby cities. This use is proposed to be permitted in the CG, CR and CS zoning districts subject to approval of a SCUP.
Appeals
Chapter 20.23 (Administration) addresses the current appeal process and timing for Administrative and Planning Commission actions. Currently appeals must be heard within 60 days following the filing of the appeal request, which h as presented timing issues in the past.
The proposed change would include language for an appeal to be heard within 60 days or the next regularly scheduled Planning Commission or City Council meeting thereafter.
PUBLIC NOTICE
A notice was published in the Chino Champion on February 11, 2023. The City also sent information out on the City’s social media platforms. The notice exceeds the legal noticing requirements and is adequate in scope for this project. To date, no comments have been received.
ENVIRONMENTAL REVIEW
The Zone Ordinance Amendment is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3), Common Sense Exemption, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, individual development applications will be reviewed under CEQA as they are proposed, and the changes are consistent with the goals and policies of the General Plan and will bring the City’s code into compliance with State and Federal Laws.
Attachment: Ordinance No. 2023-001
12.10 PUBLIC HEARING
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ORDINANCE NO. 2023-001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS
OF THE ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE)
OF THE CITY OF CHINO . PL22-0101 (ZONE ORDINANCE
AMENDMENT).
The City Council of the City of Chino, California, does hereby ordain as follows:
Section 1. Table 20.04-1 of the Chino Municipal Code is hereby re vised as follows with the remainder of the Table remaining unchanged (additions in red; deletions in bold strikethrough):
TABLE 20.04-1 LAND USE REGULATIONS FOR SINGLE-FAMILY RESIDENTIAL ZONING
DISTRICTS
Uses
Zoning Districts Additional
Regulations RD1 RD2 RD4.5 RD8
Public and Quasi-Public Uses
Child Care Services
Residential Day Care
Facilities, Small
P P P P Section
20.21.090
Day Care Facilities, Large C C C C Section
20.21.090
Section 2. Table 20.04-2 of the Chino Municipal Code is hereby re vised as follows with the remainder of the Table remaining unchanged (additions in red; deletions in bold strikethrough):
TABLE 20.04-2 LAND USE REGULATIONS FOR MULTIPLE -FAMILY RESIDENTIAL ZONING
DISTRICTS
Uses
Zoning Districts Additional
Regulations RD12 RD14 RD20
Public and Quasi-Public Uses
Child Care Services
Residential Day Care Facilities, Small P P P Section
20.21.090(D)
Day Care Facilities, Large C C C Section
20.21.090(E)
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ORDINANCE NO. 2023-001
Section 3. Table 20.05-1 of the Chino Municipal Code is hereby re vised as follows with the remainder of the Table remaining un changed (additions in red; deletions in bold strikethrough):
TABLE 20.05-1 LAND USE REGULATIONS FOR MIXED USE ZONING DISTRICTS Uses
Zoning Districts Additional
Regulations MU 20 MU 30
Public and Quasi-Public Uses
Child Care Services
Residential Day Care Facilities, Small CP CP Section
20.21.090(D)
Day Care Facilities, Large C C Section
20.21.090(E)
Section 4. Table 20.06-1 of the Chino Municipal Code is hereby revised as follows with the remainder of the Table remaining unchanged (additions in red):
TABLE 20.06-1 LAND USE REGULATIONS FOR COMMERCIAL ZONING DISTRICTS Uses
Zoning Districts Additional
Regulations CN CG CO CR CS
Residential Uses
Group Homes and Facilities ■ C ■ ■ ■
Senior Housing Projects ■ C C ■ C Section
20.21.340
Congregate Care Facilities ■ C C ■ C Section
20.21.460
Live/Work ■ ■ ■ ■ C Section
20.21.060
Residential Care Facilities, Small ■ C C ■ ■
Residential Care Facilities, Large ■ C C ■ ■ Section
20.21.070
Caretaker Quarters ■ ■ ■ ■ P Section
20.21.110
Public and Quasi-Public Uses
Places of Assembly
Places of Worship, Community Scale C C C C ■
Places of Worship, Regional Scale ■ C ■ C ■
Places of Worship, Small Storefront A A A A ■
Places of Worship, Large Storefront A A A A ■
Clubs and Lodges C C C C ■
Cultural and Institutional Uses
Theaters and Auditoriums ■ C ■ C ■
Libraries C C C C ■
Museums and Art Galleries C C C C C
Botanical and Zoological Gardens ■ C ■ ■ ■
Health Services
Hospitals ■ C C C C
Medical Clinics and Labs P P P P P
Medical Offices P P P P P
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ORDINANCE NO. 2023-001
Uses
Zoning Districts Additional
Regulations CN CG CO CR CS
Medical Marijuana Dispensary ■ ■ ■ ■ ■
Educational Uses
Schools, Public or Private ■ C C ■ ■
Trade and Vocational Schools ■ C C C ■
Schools for Personal Enrichment and
Fulfillment
A A C A A Section
20.21.180
Gym/Athletic Instruction, Minor A A C A A Section
20.21.440
Gym/Athletic Instruction, Major ■ C C C C Section
20.21.440
Gym/Athletic Instruction,
Small/Boutique Fitness Studio
A P A P A Section
20.21.440
Child/Adult Care Services
Day Care Facilities, Small ■ ■ ■ ■ ■ Section
20.21.090(D)
Day Care Facilities, Large C C C C ■ Section
20.21.090(E)
Child Day Care Centers C C C C ■ Section
20.21.090
Day Care Facilities, Employer
Provided On-site
C C C C ■
Day Care Facilities, Adult C C C C ■
Other Community Services
Emergency Shelters ■ C ■ ■ P Section
20.21.080
Social Services, Charitable Institutions
and Services
C C C C C
Public Safety Facilities C C C C C
Commercial Uses
Retail
Retail, General P P C P P
Cart/Kiosk A A A A ■ Section
20.21.150
Retail, Thrift and Secondhand Stores ■ A ■ C A
Animal Sales and Services P P ■ P P
Veterinary Clinics ■ C ■ C C
Guns and Ammunition Sales ■ C ■ C ■A
Alcoholic Beverage Sales A/C A/C ■ A/C A/C Section
20.21.270
Pawn Shops ■ ■ ■ ■ C
Adult Oriented Businesses ■ ■ ■ ■ C
Mobile Homes Sales ■ ■ ■ ■ C
Swap Meets ■ ■ ■ ■ C
Vehicle Sales and Services
Automobile and Vehicle Sales and
Leasing
■ C ■ C C Section
20.21.250
Automobile Rental ■ A/C ■ ■ A/C Section
20.21.410
12.10.a
Zone Ordinance Amendment (PL22-0101 - Ordinance No.
Packet Pg. 118
ORDINANCE NO. 2023-001
Uses
Zoning Districts Additional
Regulations CN CG CO CR CS
Truck and Trailer Rental ■ ■ ■ ■ C Section
20.21.410
Vehicle Parts and Accessories Sales P P ■ P P
Automobile, Light Truck and Van
Cleaning
■ C ■ C C
Bus and Large Truck Cleaning ■ ■ ■ ■ ■
Vehicle Repair and Maintenance ■ A ■ C A Section
20.21.240
Bus and Large Truck Repair and
Maintenance
■ ■ ■ ■ C
Paint or Auto Body Repair ■ C ■ ■ C
Vehicle Towing Service ■ ■ ■ ■ P
Gas and Service Stations C P C P P Section
20.21.230
Eating and Drinking Establishments
Restaurant P P C P C
Restaurant, Drive-Thru Facility C P C P C Section
20.21.170
Bars, Nightclubs and Lounges ■ C ■ C C Section
20.21.280
Cigar Lounges, Vape Lounges and
Hookah Bars
■ C ■ C C Section
20.21.320
Microbrewery and Microdistillery ■ C ■ C C 20.21.270
Banquet Facilities ■ C ■ C C
Transient Occupancy
Bed and Breakfast ■ C ■ C ■
Hotels and Motels ■ C C C ■
Commercial Services
Offices, Professional/Business P P P P P
Offices, Service P P P P P
Personal Services P P C P P
Personal Services, Restricted ■ ■ ■ ■ C
Business Support Services P P P P P
Banks, Retail P P P P P
Check Cashing Services ■ ■ ■ ■ C Section
20.21.300
Payday Advance Services ■ P ■ P P
Cyber Cafes ■ C ■ C C Section
20.21.310
Day Spas ■ C C C ■
Massage Establishments C C C C C Chapter 5.24
Funeral Parlors, Mortuaries and
Crematories
■ C ■ ■ C
Fortunetelling ■ P ■ ■ P
Entertainment-Related Services
Motion Picture Production and
Distribution Services
■ C C C C
Recording Studios ■ P ■ P P
12.10.a
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ORDINANCE NO. 2023-001
Uses
Zoning Districts Additional
Regulations CN CG CO CR CS
Broadcasting Studios ■ C C C C
Recreational Uses
Commercial Recreation ■ C ■ C ■
Golf Courses, Miniature ■ C ■ C ■
Parks and Recreational Facilities P P P P P
Sports Stadium or Arenas ■ ■ ■ C ■
Amusement or Theme Park ■ ■ ■ C ■
Industrial
Manufacturing and Processing
Manufacturing and Processing, Light ■ ■ ■ ■ P
Food Preparation ■ P ■ P P
Recycling
Recycling Facilities, Small Collection A A ■ A A Section
20.21.360
Recycling Facilities, Large Collection ■ ■ ■ ■ ■ Section
20.21.360
Recycling Facilities, Reverse Vending
Machines
A A ■ A A Section
20.21.360
Warehousing and Storage
Warehousing, Very Light (<25,000 sq
ft)
■ ■ ■ ■ P
Outdoor Storage, Incidental A A A A A Section
20.21.200
Outdoor Storage, as a Primary Use ■ ■ ■ ■ ■ Section
20.21.200
Other Industrial
Equipment Rental and Sales, Light
Equipment
■ C ■ C P Section
20.21.220
Transportation, Communications
and Utilities
Transportation Terminals ■ C C C C
Parking Facilities ■ C C C C
Utilities, Major C C ■ C C
Utilities, Minor C C C C C
Communications Facilities, Minor A A A A A Chapter 20.22 Communications Facilities, Major C C C C C Chapter 20.22 Solar Panels, Incidental A A A A A Section
20.10.070
Wind Turbines, Incidental ■ ■ ■ C ■ Section 20.22
Agricultural Uses, Activities and
Facilities
Crop Cultivation A A A A A Section
20.21.020
Agricultural Product Stands I I I I I Section
20.21.020
12.10.a
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ORDINANCE NO. 2023-001
Section 5. Table 20.07-1 of the Chino Municipal Code is hereby revised as follows with the remainder of the Table remaining unchanged (additions in red):
TABLE 20.07-1 LAND USE REGULATIONS FOR INDUSTRIAL ZONING DISTRICTS Uses
Zoning Districts Additional
Regulations BP M1 M2 AD
Commercial Uses
Retail
Guns and Ammunition Sales A A ■ ■
Section 6. Section 20.21.090 of the Chino Munici pal Code is hereby revised as follows (additions in red; deletions in bold strikethrough):
20.21.090 – Child Day Care Facilities
A. Purpose. This section provides regulations for Child Day Care facilit ies to protect the safety and well-being of children and minimize impacts to neighboring properties.
B. Types of Child Day Care Facilities.
1. Small Family Chil d Care Homes may provide care for up to eight children and are allowed by right in residential districts.
2. 1. Large Family Child Care Homes Residential Day Care Facilities may provide care for up to 14 children and are required to have an adult assistant o n the premises.
3. 2. Child Day Care Centers are c hildcare facilities that are not provided within a residential use . Child day care centers include pre -schools, nursery schools, infant care centers and after-school facilities.
C. General Standards that Apply to all Child Day Care Facilities.
1. In addition to those off -street parking spaces required of the primary residential land use, one off-street parking space shall be provided for each employee of the day care provider. The driveway may be used to fulfill this requirement.
2. Written verification that all fire and life safety standards have been met sh all be submitted to the Director of Community Development prior to the commencement of the use.
3. Any swimming pool, pond, wading pools, or similar bodies of water greater than 18 inches in depth shall be fully enclosed by a minimum 5 -foot-high non - climbable fence. Additionally, all entrances and exits shall have self closing and latching gates. All latches shall be located at least 54 inches above adjacent grade.
4. All trash receptacles and air -conditioning units located outdoors and next to any active play area shall be fully enclosed by a wall or fence to protect children.
5. Trash receptacles shall be maintained in a sanitary condition with no odor detectable from adjacent properties.
6. Hours of operation shall be less than 12 hours per day.
7. Noise levels shall comply with Title 9 of the Municipal Code.
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D. Small Child Care Homes.
1. There shall be a maximum of six children allowed per small family day care home. This number may be increased to eight, without the need for an additional adult attendant, if the following conditions are met:
a. At least two of the children are at least six years of age. b. No more than two infants are cared for at any time when more than six children are cared for.
c. The operator notifies each parent that the facility is caring for two additional school age children and that there may be up to eight children in the home at one time.
d. The operator obtains the written consent of the property owner when th e family day care home is operated on property that is leased or rented.
2. All required State licenses and permits shall be obtained or applied for prior to applying for a permit to operate a large family daycare home. No City permit, as provided herein, shal l be effective until satisfactory evidence has been provided to the city dem onstrating that all necessary State licenses and permits have been obtained.
3. All areas designated for active play, or any play structures, shall only be permitted in a street side yard or rear yard.
4. All play areas shall be enclosed by a 6-foot-high fence o r wall. Property line fences or walls may be used to fulfill this requirement.
E. D. Large Family Day Care Homes. Residential Day Care Facilities
1. The use shall be clearly incidental and subordinate to the primary.
2. All required State licenses and permits shall be obtained . or applied f or prior to applying f or a permit to operate a large family daycare home. No City permit, as provided herein, shall be effective until satisfactory evidence has been provided to the cit y demonstrating that all neces sary State licenses and permits have been obtained.
3. A Conditional Use Permit shall be obtained prior to operation of the large family day care home.
4. 3. There shall be a maximum of 14 children allowed per residential day care facility. twelve children allow ed per large family day care ho me. This number may be increased to 14, if the following conditions are met:
a. At least two of the children are at least six years of age. b. No more than three infants are cared for at any time when more than twelve children are cared for.
c. The operator notifies each parent that the facility is caring for two additional school age children and th at there may be up to 14 children in the home at one time.
d. The operator obtains the written consent of the property owner when the family day care ho me is operated on property that is leased or rented.
5. Children of the owner and/or occupant of the residence under the age of 14 shall count towards the total number of children allowed.
6. Any interior expansion, modification or alteration of a resident ial unit necessary for the operation of a large family daycare home shall be reviewed and approved by the directo r of community development and
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pursuant to the Uniform Building Code for residential occupancies, prior to the approval of large family daycare home.
7. All areas designa ted for active pl ay, or any play structures, shall only be permitted in a street side yard or rear yard.
8. All play areas shall be enclosed by a 6 -foot-high fence o r wall. Property line fences or walls may be used to fulfill this requirement.
9. A large family day care home shall not be located within 500 feet of another large family day care home or child day care center.
10. Drop-off and pick -up traffic shall not interfere with the surrounding neighborhood.
F. E. Child Day Care Centers.
1. An on -site vehicle turn -around or separate entrance and exit points, and passenger loading area must be provided. The c ity shall specifically consider the location and appearan ce of the proposed turn -around or access in determining compatibility with surrounding uses.
2. The operator must obtain the written consent of the property owner when the child day care facility is located.
3. Outside play areas shall have a minimum fence height of 5 feet.
4. Outside play areas shall be located a min imum of 10 feet from public right-of- ways.
5. Outside play areas shall be a minimum of 75 square feet per child, excluding infants.
Section 7. Section 20.21.440 of the Chino Municipal Code is hereby revised as follows with the remainder of the section remaining unchanged (additions in red; deletions in bold strikethrough):
20.21.440 – Gym/Athletic Instruction
Gym/Athletic instruction facilities shall be classified as Major facilities, or Minor facilities, or Small/Boutique Fitness Studios, and are subject to the following standards:
E. Small/Boutique Fitness Studios.
1. Small/Boutique Fitness Studios shall be permitted in commercial zones for one on one instruction and/or small classes limited to 20 members, one class at a time.
2. Classes may include uses such as spin, pilates, and yoga uses.
Section 8. Subsection 20.23.150.A.3 of the Chino Municipal Code, specifying the timing of a City Council hea ring for a n appeal, is hereby revised to read as follows (additions in red; deletions in bold strikethrough):
3. Upon receipt of an appeal request, the Planning Commission shall set the matter for hearing. The hearing shall be held with in 60 days following the filing of the appeal request. or the next regularly scheduled Planning Commission meeting thereafter.
Section 9. Subsection 20.23.150.B.4 of the Chino Municipal Code, specifying the timing of a City Council hea ring for a n appeal, is hereby amended to read as follows (additions in red; deletions in bold strikethrough):
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4. Upon receipt of an appeal request, the City Council shall set the matter for hearing.
The hearing shall be held within 60 days following the filing of the appeal request. or the next regularly scheduled City Council meeting thereafter.
Section 11. Environmental Review. The City Council finds tha t this Ordinance is ex empt from the California Environ mental Quali ty Act (CE QA) under CEQA Guidelin es Se ction 15061(b)(3), Common Sense Exemption, in that it can be seen with certa inty that there is no possibility fo r this action to have a significant effe ct on the environment, and individual development applications will be reviewed under CEQA as they are proposed.
Section 12. Severability. If any section, subsection, s entence, clause, phrase, or p ortion of this Ordinance, or the ap plication thereof to any person or circumstances, is, for an y reason, held inv alid o r unco nstitutional by any court of comp etent jurisdiction, s uch invalidity or unconstitutionality shall not affect any other p rovision or application, and t o this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopte d this ord inance and each section, subsection, sente nce, clause, phrase, part or portion thereof, irrespe ctive of t he f act t hat any one or more sections, subsection s, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 13. Effective Date. This Ordinance shall be in full f orce and effect thi rty (3 0) days after its second reading and adoption.
Section 14. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, within said Ci ty in accordance w ith the provisions of t he Government Code.
PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF MARCH 2023.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
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ORDINANCE NO. 2023-001
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Natalie Gonzaga, City Clerk of t he City of Chino , do h ereby certify that the foregoing Ordinance was duly adopted by sai d City Council at a regular meeting held on the 7th day of March 2023 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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 21, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVE MENT SITE APPROVAL PL13 - 0629.
RECOMMENDATION
1) Accept public improvements as complete for Site Approval PL13-0629 - CNG Facility for USA Waste of California, Inc.; 2) authorize release of the performance bond and initiate the warranty bond; and 3) autho rize 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 <https://ca- chino.civicplus.com/415/Strategic-Plan>:
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
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COUNCIL MEETING DATE: FEBRUARY 21, 2023
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT SITE APPROVAL PL13-0629 PAGE 2
BACKGROUND
On February 19, 2014, the Planning Commission c onditionally approved Site Approval PL13 - 0629 to construct a Compressed Natural Gas (CNG) fueling station facility for USA Waste of California, Inc., located at 13821 Redwood Avenue (Exhibit A).
As part of the Engineering Conditions of Approval, the develo per is required to design and construct public improvements adjacent to the project which include, but are not limited to, sidewalk, curb and gutter, drive approaches, and streetlight improvements on Redwood Avenue.
Additionally, on July 6, 2021, the City Council approved the annexation of the property to the Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 84) for public streetlight maintenance along the project’s frontage, within the right-of way.
ISSUES/ANALYSIS
The public improvements are substantially complete and have been constructed to the satisfaction of the City Engineer. The public improvements that are being accepted by the City include sidewalk, curb and gutter, signing and striping, drive approaches, and streetlight improvements on Redwood Avenue.
The public improvements were initially constructed approximately 7 years ago. The acceptance of these improvements has been delayed because there were outstanding conditions of approval the developer had to complete prior to project closeout. This includes, but is not limited to, the annexation of the property into the Landscape and Lighting District. In addition, the developer had to reconstruct certain improvements that were determined to be non -compliant with accessibility requirements.
These improvements were made to bring the pedestrian facilities up to standards. The improvements that are being accepted have been satisfactorily constructed to meet City and all applicable accessibility requirements.
All required development related f ees have been paid and security for a one -year warranty period has been submitted. Under the warranty bond obligation, the developer will correct any defects found within one-year of City Council’s acceptance of the project.
Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. Sufficient funds are included in the City’s Operating Budget to cover costs for maintenance of said facilities. The following maintenance obligations will commence:
Public Street Sweeping: By the City
Public Sidewalks: By the City
Public Street lights: By the City
Landscaping: By the property
owner
Attachment: Exhibit A - Location Map
Exhibit B - Fully Executed Public Improvement Agreement & Bonds
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Cullen-Sherry& Associates, Inc.Civil Engineering - SurveyingWASTE MANAGEMENT13791 & 13821 REDWOOD AVECHINO, CA
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Contract No. Zo15- 173
Approved N/ B$' f Zo/ N # 7
PUBLIC IMPROVEMENT AGREEMENT
THIS AGREEMENT is entered into by and between the CITY OF CHINO, a Municipal Corporation of the State of California ( hereafter called the City) and USA WASTE OF CALIFORNIA INC. ( hereafter called the Developer).
WHEREAS, the Developeris the ownerof certainrealpropertysituatedin the CityofChino, County of San Bernardino, California, which Developer proposes to develop and construct certain work of improvements thereon, as hereafter set forth; and WHEREAS, the Developer has applied for and received conditional approval from the City to constructa CNG fueling station facility, at 13821 RedwoodAvenue (APN: 1021-142-15) hereafter called the Project) from the City; and
WHEREAS, the City desires to assure that said improvements proposed for the Project will be constructed in a good workmanlike manner and in accordance with all applicable laws, statutes, ordinances, resolutions and regulations now in force and effect in the City of Chino and the Stateof Californiaandthe termsandconditionsimposedonthe approvalbythe PlanningCommission, all of which are incorporated herein; and WHEREAS, the Developer acknowledgesfamiliarity with the various requirementsfor publicimprovementscontainedinthe ChinoMunicipalCodeandagreesto complytherewith.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Article 1. Duty to Install Public Improvements
1. 1 Requirements for Public Improvements. The Developer shall, at his/her own cost and expense, construct, install and complete all of the public improvements contained in Exhibit 1 in a good workmanlike manner, according to the approved plans and specifications, and to the satisfaction of the Assistant City Manager/Director of Public Works or his designee, within two (2) years from the date of the City's approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. The time for completion may be extended up to one ( 1) additional year by the City Council for good cause shown. The sum of Eighty-Four Thousand One- Hundred and no/ 100- dollars ($ 84 100. 00 ) is the estimated construction cost of said improvements.
1.2 Ownership of Public Improvements. All public improvements constructedor installedpursuantto this Agreementshall becomethe sole exclusivepropertyof the Citywithoutpaymenttherefore, uponacceptanceof said improvementsbythe City.
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1. 3 Definition of Improvements. Theterm "improvement" shallmeananyand all work or infrastructure required for the development of the Project, including, but not limitedto, bicycletrails, communicationtransmissiondevices, curbs, drainagefacilities, electric transmission devices, excavation, grading, gutters, landscaping, pathways, sanitary sewers, sidewalks, streets, street lights, traffic control devices, utilities, water lines, as shown on plans, profiles or specifications prepared or submitted by the Developer.
1. 4 Repair or Reconstruction of Defective Improvements. If, within a period of one ( 1) year after final acceptanceof work performedunderthis Agreement, any improvement or part of any improvement constructed, installed or furnished, or caused to be constructed, installed or furnished by the Developer, or any of the work done under this Agreementfails to comply with, or satisfy, any of the requirementsof this Agreement, or the specificationsreferencedherein, the Developershall, withoutdelayandwithoutanycostto the City, repairorreplaceor reconstructanydefectiveorotherwiseunsatisfactorypartor partsofthework or improvements. Should the Developerfail to act promptly or in accordance with these requirements, or should an emergency require repairs or replacements to be made before the Developer can be notified, the City may, at its sole option, make the necessary repairs or replacementsor performthe necessarywork, and the Developershall payto the Citythe actualcost of such repairs, plus 15 percent.
1. 5 Repair or Replacement of Unrelated Improvements. The Developer shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipesand monuments situated on said property, delineated on the plans, which have been destroyed or damaged and the Developer shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner, the entirecost of replacementor repairs, of any and all propertydamagedor destroyedby reasonof anyworkdonehereunder, whethersuchproperty beownedbythe UnitedStatesor anyagencythereof, orthe Stateof California, or anyagency or politicalsubdivisionthereof, or by the City, or by any publicor privatecorporation, or by anyperson whomsoever, or by any combination of such persons. Any such repair or replacement shallbeto the satisfaction, andsubjectto the approval, of theAssistantCityManager/DirectorofPublic Works or his designee.
1. 6 Time of Completion. All of the public improvements shall be completed within two (2) years from the date of the City's approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. In the event that the Developer fails to complete the public improvements within said period, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from the Developer, or its surety, as hereinafterprovided. The City may require the Developer, or its surety, to pay the City, in advance, sufficient monies to pay for the City's cost of completing construction and installation of said public improvements.
1. 7 Security. Contemporaneously with the execution hereof, the Developershall file security, subject to the approval of the City Attorney, pursuantto Section 66499 of the Government Code and Section 19. 09. 010 of the Chino Municipal Code, to guarantee performance of the requirements of this Agreement, and all of the City's ordinances, specifications and regulations as follows:
a. A security device in an amount equal to 100 percent of the Agreement Masters\ Publiclmprovement. Master\ REV13- 1120\ 6
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estimated construction cost to guarantee the faithful performance of all of the requirements of this Agreement, including the construction, installationand completion of the work and public improvements required by this Agreement; and
b. A security device in an amount equal to 50 percent of the estimated construction cost to guarantee payment to the contractors, their subcontractors, and to persons renting equipment or furnishing labor and materialsto said contractors, for the public improvements required by this Agreement; and
c. All security devices under this Agreement shall also guarantee the payment of reasonable attorney fees, expert witness fees and court costs to the City; and
d. Any changes or alterations in the work or public improvementsrequired hereunder, not exceeding 10 percent of their original estimated cost, shall not relieve any liability of the security given for the faithful performance of this Agreement.
In the event any changes or alterations of the work or public improvements required hereunder exceed 10 percent of their original estimated cost, the Developer shall provide such additional securityfor its faithful performanceas determinedby the Assistant City Manager/Directorof PublicWorksor hisdesigneeand approvedbythe CityAttorney.
The City Council may, at its sole discretion, reduce the amountof any securitydevice as recommendedby the Assistant City Manager/Directorof Public Works or his designeeand the City Attorneyfor any portionof the public improvementsinstalled by the Developer and accepted by the Assistant City Manager/Director of Public Works or his designee.
1. 8 One Year Warranty and Warranty Bond. Without limiting the foregoing, theDeveloperwarrantsandguaranteesmaterialsusedandworkmanshipperformedon said work and public improvements. In connection herewith, the Developer shall submit security, subject to the approval of the City Attorney, for a period of one ( 1) year following the completion and acceptance of the work hereunder in the sum equal to 10 percent of their actual construction cost and reasonable attorney fees, expert fees and court costs. The Developer furtheragreesto paytheCityfor allcoststo maintainthelandscapingina vigorousandthriving condition, to maintain the street lights and to pay for all energy costs for a period of one (1) year after completion and acceptance thereof by the Assistant City Manager/Director of Public Works or his designee and the City Council. Maintenance and energy costs shall be based on the amountsspecifiedin the mostrecentpublicationof the AnnualEngineer's Reportfor the Levyof Assessmentsfor the Landscaping and Lighting Districts.
1. 9 Payment of Labor and Materials. The Developer and its contractors shall pay for any materials, provision, provender and other supplies or equipment used in, upon, for, or about the performance of the work contractedto be done, and for any work or labor thereonof anykind, andfor a paymentbondwithrespectto suchworkor labor, as requiredbyCivil Code Section 3247.
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Article 2. Procedural Requirements
2. 1 Preparation of Improvements Plans. No work pursuant to this Agreement shall be commenced until the Developer's plans, profiles and specifications for the public improvements have been submitted to and approved by the Assistant CityManager/ Director of Public Works or his designee. The Developer warrants that its plans, profiles and specifications conform as a minimum to the City's ordinances and standard specifications, and that they are adequate to construct and install the public improvements in a good, workmanlike manner and in accordance with sound construction practice for public works.
2. 2 Cost of Checking Plans. The Developershall payto the Citythe costof checking and approving the plans, profiles and specifications. The Developer shall pay to the City the fees for the cost of checking said plans upon submittal of said plans to the City. If said fees proveto be insufficientto completesaid planchecking, the Developershallmakeadditional deposits as required by the Assistant City Manager/Director of Public Works or his designee.
Failureto make any requiredpaymentor depositshall cause such plan checkingto be suspendedand be groundsto withholdthe issuanceof buildingpermitsfor anyconstruction.
2. 3 Soils Report. The Developershall causeto be made and payfor soil testsmadebya reputablesoilstestinglaboratoryto determinegradation, bearingand resistancevalue of soils within the Project. The Developershall also cause to be made and pay for all compactiontests necessary to determine that all soils, includingthe utility trenches, have been satisfactorily backfilled.
2. 4 Permits and Fees. The Developer shall, at the Developer' s expense, obtain all necessary permits and licenses for the construction and installation of the work and public improvements required hereunder and pay all required fees and taxes and give all necessary notices.
2. 5 Superintendence by the Developer. The Developer shall provide continuous superintendenceto the constructionand installationof the public improvementsby assigning a competent foreman or superintendent, satisfactory to the Assistant City Manager/Directorof Public Works or his designee, to the work site, who shall havefull authorityto act for the Developer
2. 6 Duty to Facilitate Inspections. The Developer shall at all times maintain proper facilities and provide safe access for inspection by the Assistant City Manager/ Director of Public Works or his designee, to all parts of the work, and to the shops wherein the work is in preparation.
Article 3. The Developer' s Liabilities
3. 1 Liability of the Developer. The Developer agrees that the use for any purpose and by any person of any or all of the work and public improvements required by this Agreement shall be at the sole and exclusive risk of the Developer at all times prior to final acceptance by the City of the completed public improvements thereon and therein; provided that acceptanceby the City shall not eliminate, lessen or relieve the Developer of any obligationsor undertakings contained in this Agreement. The issuanceof any occupancy permits by the City Agreement Masters\ Publiclmprovement. Master\ REV13- 1120\ MB
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for anystructureslocatedwithinthe Projectshallnotbeconstruedto constitutean acceptanceor approval of any of the public improvements required hereunder.
3. 2 Liability for Nonperformance. Neitherthe City nor any of its officers oragentsshallbeliableto theDeveloperor itscontractorsforanyerrororomissionarisingout of, or in connectionwith, any work to be performedunder this Agreement or the plans, profilesor specifications therefore approved by the Assistant City Manager/Director of Public Works or his designee.
3. 3 Development Impact Fees. Development Impact Fees shall be paid pursuant to and in accordance with Chino Municipal Code Chapter 3.40.
3. 4 Utility Deposits. Priorto commencementof anyworkrequiredby this Agreement, the Developershall file with the AssistantCity Manager/Directorof PublicWorks or his designeea statementsignedby the Developerand eachpublicutilityto the effectthat the Developerhasmadealldepositslegallyrequiredbysuchpublicutilityfortheconnectionofany and all public utilities required to be supplied by such public utility within the subdivision.
3. 5 Liability for Personal Injuries. The City shall not be liable to the Developeror to anyotherperson, firm, or corporationwhatsoever, foranyinjuryor damagethat may result to any person or property by or from any cause whatsoever, in, on or about the development or connected to the construction and installation of the work and public improvements required hereunder.
3. 6 Release and Indemnification. The Developer hereby releases and agreesto indemnifyand save the City harmlessfrom and againstany and all injuriesto and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoeverthesamemaybe caused, andwhensoeverthesamemayappear, resulting directlyor indirectlyfrom the performanceor nonperformanceof anywork or publicimprovement to the Property and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuriesto, and deaths of persons, and injuriesto propertyor other interests, and all claims, demands, costs loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by theDeveloper, Developer' s agents, employees, and subcontractors, while engaged in the performance of said work or public improvements. Prior to the commencement of any work or public improvementrequired hereunder, the Developershall furnish to the City satisfactory evidence of an insurance policy, written upon a form and by a company which meets with the approvalof the City, insuringthe City, its officers, agents, andemployeesagainstlossor liability which may arise during the work, or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. Minimum liability and property damage insurance shall be not less than $ 500,000.00 for all damages arising out of bodily injury to or death of one person and not less than $ 1,000,000.00 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less that $ 250,000.00 for all damages and/or destruction of property in any one occurrence and not less than $ 500,000.00 for all damages and/or destruction of property during the policy period.
Said policy shall be maintained in full force and effect during the life of this Agreement. Said policy shall state, by its terms and by an endorsement, that said policy shall not be canceled until the City shall have had at least ninety (90) days prior notice in writing of such cancellation.
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Article 4. Inspection of Improvements
4. 1 Inspection by Assistant City Manager/ Director of Public Works. All public improvements shall be constructed under the inspection of, and subject to approval of the Assistant City Manager/ Director of Public Works or his designee. The cost of inspections shall be paid by the Developer, who shall submitthe inspectionfee, as requiredby the City's Fee Structureapprovedbythe City Council, priorto the issuanceof buildingpermits
4. 2 Approval by Assistant City Manager/ Director of Public Works. It is mutually agreed that the Assistant City Manager/Director of Public Works or designee shall have the authority to reject any or all of the work or public improvements required hereunder if same fails to conform to the approved plans, profiles or specifications for said public improvements or if same are not constructed or installed in a good and workmanlike manner to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee. Furthermore, any damage to existing facilities, including any curbs, drainage facilities, gutters, landscaping, sewer and water mains, street or utilities, that occurs after installation, shall be repaired to the satisfaction of the AssistantCity Manager/Directorof PublicWorks or his designee by the Developerprior to the issuance of an occupancy permit for any structure within the Project and prior to the release of any security provided hereunder.
4, 3 Responsibility Despite Inspections. Notwithstanding the fact that the Developer' s plans, profiles and specifications, and construction and installation of the public improvements, and other acts are subject to the approvalof the Assistant City Manager/Director of Public Works or his designee, it is understood and agreed that any approval by the Assistant City Manager/Director of Public Works or his designee shall not relieve the Developer of the obligation to satisfactorily perform the obligations hereunder. All construction shall be performed strictly in accordance with the approved plans, profiles and specifications, the City's latest standard specifications and the provisions of the Chino Municipal Code to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee.
4. 4 Occupancy Permits. No occupancy permit for any structure on any lot within the Project shall be issued, and no utility connection shall be made, unless and until the Developer has complied with all the obligations hereunderto the satisfaction of the Assistant City Manager/ Director of Public Works or his designee.
4. 5 Certification of Satisfactory Completion. Upon the satisfactory completion of the improvements by the Developer, the Assistant City Manager/Director of Public Works or his designee, shall certify that the work of said improvements has been satisfactorily completed.
4. 6 Filing of " Record" Drawings. Upon completion of the work or public improvements, the Developer shall submit one mylar ( 4 mils) set of " Record" drawings to the Assistant City Manager/ Director of Public Works or his designee. These drawings shall be certified as representing the actual construction and shall depict the work and public improvements as actually constructed, with all changes incorporated therein.
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Article 5. Miscellaneous Provisions
5. 1 Relationship of Contractors. It is hereby mutually covenanted and agreedby the parties heretothat the Developer's contractorsare not agentsof the City and that the contractors' relations to City, if any, are those of independent contractors.
5. 2 Entire Agreement. This writing constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof and may not be modified or amended except as set forth herein.
5. 3 Attorney' s Fees. In the event that any action at law or in equity is brought to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney' s fees and court costs.
5. 4 Assignment. This Agreement shall not be assignable by the Developerwithout written consent of the City.
5. 5 Successors. Subject to the restrictions against assignment contained herein, this Agreement shall inure to the benefit of and shall be binding upon each of the parties and their respective assigns, successors in interest, person representatives, estates, heirs and legatees.
5. 6 No Waiver. No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature.
5. 7 Choice of Law. This Agreement shall be governed by the laws of the State of California without regard to the principles of conflict of laws.
5. 8 Invalidity. If any provision of this Agreement is declared invalid, void, or unenforceableby a court of competent jurisdiction of the State of California, the remaining provisions shall continue in full force and effect.
5. 9 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
5. 10 Effective Date of Agreement. This Agreement shall not become effective unless and until approved by the City Council of the City of Chino.
Agreement Masters\ Publiclmprovement. Master\ REV13- 1120\ MB
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Packet Pg. 135
IN WITNESS WHEREOF, the City and the Developerhave executedthis agreementin the City of Chino, California.
Approved as to Form: Approved as to Content:
l- 11. viASS+.City Attorney iii jij» o.- Alire
A.•sistant City Manager
USA WASTE OF CALIFORNIA, INC.
By:
i
Signal a and Date)
Name: Larry 1-tte
lease type or print name)
Title: President- Southern California Area
Please type or print title)
CITY OF CHINO
Matt w Ba . ! City Manager
Dated: a .lh.14
ATTEST:
01" IsSi-
CLef-t/Angela bles, City Clerk
Dated: It. tq . I c.r
Attachment: Exhibit 1
Agreement Masters\ Publiclmprovement. Master\ REV13- 1120\ MB
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
t. a t t_. vaC/, L t!. Y. sit_ A.. s'.. aZ va_ a vavTS,. Y. a vT4. t t. a. a•.. aa t. s t_ c t, w.. st.
State of California
w
County of LOSkvil eil e
On 1401(, 3 20t4 before me, A • +' Jones /Qa Pic, c Date Here Insert Name and flue of the Officer
personally appeared (
An Atehf&(
Name( s) of Signer( s)
who proved to me on the basis of satisfactoryevidence to be the person( whose name() is/ are A. ANN JONES subscribed to the within instrument and acknowledged Commission Al 2056986 to me that he/sbae/they executed the same in i . .. NotaryPublic- California ? his/ heath- air authorized capacity( ies), and that byz '' a4 Los Angeles County v
his/ her # eir signature( on the instrument the
M Comm. E lres Feb 16. 2028 person(), or the entity upon behalf of which theCon. person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Californiathat the foregoing paragraphis true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature:CAI
Signat re if Notary Public
OPTIONAL
Thoughthis section is optional, completing this information can deter alterationof the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: PS G f1&yC 2. 44. 4 A re€/ We Document Date: J U.3 2-014- Number of Pages: c Signer( s) Other Than Named Above: 10S(' wC e1e, 5 f.olei o, Ci CAerk e . CA+1Capacity( ies) Claimed nby
Signer( s) Ali
Signer' s Name: ""' ' er' s Name:
yl. Corporate Officer— Title( s): ?
res4cle41 So Co.(. Corp. = - Officer— Title( s):
Partner— Limited General Partner— ' mited G= eral Individual Attorney in Fact Individual A
tto •- y in FactTrustee Guardian or Conservator Trustee dian or Conservator Other: Other:
Signer Is Representing: 0.5- , MA €4' t c Signer I ' epresenting:
Lt!. s. a'. t+ i'. t: y' yt t:. t: t v JJt'm t' A' vt- r t t t'! tit- t- y. t\ St-. Alt% ai av'' e' At-YA i,,
ti•- tV2: 4` . 4-
2013 National NotaryAssociation • www. NationalNotary.org • 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907
13.11.b
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Packet Pg. 137
PUBLIC IMPROVEMENT AGREEMENT
EXHIBIT 1
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All onsite and offsite grading as specified on the approved grading plan.
C. Relocation of all public utility structures as necessary to properly construct the required improvements.
D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.
E. Sanitary sewers shall be constructed as shown on the approved, engineered plans and in accordance with City Standards.
F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.
G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.
H. A street lighting system ( City-owned) in accordance with City Standards.
I. Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.
J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.
K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.
L. Street signs at intersections per the City Standards.
M. Installation of approved landscaping ( plants and materials).
N. Setting monuments as required by the State Code.
The Developer shall also perform all work and furnish all materials necessary, in the opinion of the Assistant City Manager/Director of Public Works or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work.
Agreement Masters\ Publiclmprovement. Master\ REV13- 1120\ MB Page 9 of 9
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Bond No.: SUR0028340
Contract No.: 2015 - 1' 73
Approved: / I//g/ A,/4.1 .01WARRANTY BOND
WHEREAS, the CityCouncilof the Cityof Chino, Stateof California, hereinafterdesignatedasCITY" and USA Waste of California, Inc., hereinafter designated as " PRINCIPAL," have entered into an agreementwherebyPrincipalhas agreedto warrantand guaranteethe installation, completion, andmaintenance of certain designated public improvements, which said agreement, dated No%M6at ( gt201 , and identified as Project No. PL13- 0629 & PL13-0630, is hereby referred to and made a parthereof; and WHEREAS, said Principalis requiredunderthe termsof said agreementto furnisha bondfor the warranty of said improvements.
NOW, THEREFORE, we, thePrincipal, andArgonautInsuranceCompany, assurety, areheld andfirmlybounduntothe Cityof Chinoin the penalsumof EightThousandFourHundredand No/100Dollars ($ 8,400.00) lawfulmoneyoftheUnitedStates, forthepaymentofwhichsumwellandtrulyto bemade, webindourselves, ourheirs, successors, executors, andadministrators, jointlyandseverally,firmly by these presents.
The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all thingsstandto and abideby, andwell and trulykeepandperformthecovenants, conditions, andprovisionsinsaidagreementandanyalteration thereof made as therein provided, on his or their part, to be kept and performedthereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, andinall respectsaccordingto theirtrueintentandmeaning, andshallindemnifyandsave harmlessCity, its officers, agents, and employees, as therein stipulated, then this obligationshall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligationsecuredhereby, and in additionto the face amountspecifiedtherefor, thereshallbe includedcostsand reasonableexpensesandfeesincludingreasonableattorneys' fees, incurredby the City in successfullyenforcingsuch obligation, all to be taxed as costs and includedin any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanyingthe sameshallin anywayaffectitsobligationsonthis bond, andit doesherebywaive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESSWHEREOF, this instrumenthasbeendulyexecutedby PrincipalandSuretyabove named, on October 1, 2014.
USA Waste of California, Inc. ArgonautInsuranceCompanyP I , IPAL SURETY By: Bu
Na y Thomas, Attorney- in- Fact upe Tyler orney- ir'-Fact
SIGNATURE( S) MUST BE NOTARIZED
Approved as to Form:
APV,11 •
AcCity AttorneyI1/14/S .
Document No. 19808( PWFORMS\ BONDS- Warranty\ rev. 05/ 2012) Page 1 of 1
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Aon RiskServicesSouthwest, Inc. dba Aon Risk Insurance ServicesSouthwest, Inc.
CA License 0559715
CERTIFICATE OF ACKNOWLEDGMENT OF SURETY
State of TEXAS i
County of HARRIS i
Before me, the undersignedauthority, on this day personallyappeared LupeTyler known to me to be the personwhosenameis subscribedto the foregoinginstrument asAttorney-in-Factof Argonaut InsuranceCompany, and acknowledged to me that he/ she executed the same for purposes and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this
1st
day of October, 2014.
I g / 1 .
S I I guaJENNIFER SUE COPELAND
Notary Publi nd forNOTARY PUBLIC ry
STATEOFTEXAS The State of ' S
i MYCOMM,EXP7127115
My Commission expires: 07/ 27/ 2015
CERTIFICATE OF ACKNOWLEDGMENT OF PRINCIPAL
State of TEXAS i
County of HARRIS i
Before me, the undersigned authority, on this day personally appeared Nancy Thomas known to me to be the person whose name is subscribed to the foregoing instrument as Attorney- in-Fact of USAWaste of California, Inc., and acknowledged to me that he/ she executed the same for purposes and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this
1st
day of October, 2014.
JENNIFERSUECOPELAND 1 Ali! NOTARYPUBLIC
STATEOFTEXAS Notary Public d for
4111V mycow EXP 7127115 The State of T
My Commission expires: 07/ 27/ 2015
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Argonaut Insurance Company AS- 0072028
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P. O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOWALL MEN BY THESEPRESENTS: ThattheArgonautInsuranceCompany,aCorporationdulyorganizedandexistingunderthelawsof theState of Illinois and having its principal office in the County of Cook, Illinois doeshereby nominate,constituteand appoint:
AnoopChawlaAdlakha,MargaretBuboltz,JenniferCopeland,MichaelJ.Herrod,V. DeLeneMarshall,WendyW. Stuckey,LupeTyler, LisaA. Ward Theirtrueandlawful agent(s) andattorney(s)-in-fact,eachin theirseparatecapacityif morethanoneisnamedabove,to make,execute,sealanddeliverfor andonitsbehalfassurety,andasitsactanddeedanyandall bonds,contracts,agreementsof indemnityandotherundertakingsin suretyshipprovided, however, that the penal sumof any onesuchinstrument executedhereundershall not exceedthe sumof:
40. 000. 000. 00
This Powerof Attorneyis grantedandissignedandsealedunderandbytheauthorityof thefollowingResolutionadoptedby theBoardof Directorsof Argonaut Insurance Company:
RESOLVED, That thePresident,SeniorVice President,Vice President,AssistantVice President,Secretary,Treasurerandeachof them herebyis authorizedto executepowersof attorney,andsuchauthoritycanbeexecutedby useof facsimilesignature,whichmaybeattestedor acknowledgedby any officer or attorney,of theCompany,qualifyingtheattorneyor attorneysnamedin thegivenPowerof attorney,to executein behalfof, andacknowledgeas theactanddeedof theArgonautInsuranceCompany,all bondundertakingsandcontractsof suretyship,andto affix thecorporatesealthereto." IN WITNESSWHEREOF,ArgonautInsuranceCompanyhascauseditsofficial sealto behereuntoaffixed andthesepresentsto besignedby its duly authorized officer on the 18th day of July, 2013. Argonaut InsuranceCompany SEALK`., 1948 .
f? by:ttMot..
i Joshua C. Betz, Senior Vice President
STATE OF TEXAS
COUNTY OF HARRIS SS:
Onthis 18thdayof July,2013A.D., befhteme;a NotaryPublicof the Stateof Texas,in andfor theCountyof Harris,duly commissionedandqualified, cameTHE ABOVE OFFICEROETHE COMPANY, to mepersonallyknownto betheindividual andofficerdescribedin, andwhoexecutedthe preceding instrument,andheacknowledgedtiiieexecutionof same,andbeingbymedulysworn,deposedandsaidthatheistheofficerof thesaidCompanyaforesaid, andthatthesealaffixedto theprecedinginstrumentistheCorporateSealof saidCompany,andthe saidCorporateSealandhis signatureasofficer were duly affixed and subscribedto the said instrumentby the authority anddirection of the saidcorporation, andthat Resolutionadoptedby the Board of Directorsofsaid.eomptu}t;teferredtointheprecedinginstrumentisnowinforce.
IN TESTIMONYWHEREOF,I havehereuntosetmy hand,andaffixedmyOfficial SealattheCountyof Harris,thedayandyearfirst abovewritten.
IY1.` 1' JJttn
KATHLEEN M MEEKS
NOTARY PUBUC
STATE OF TEXAS
MY COMM. EXP 07- 154017
Notary Public)
I, theundersignedOfficer of the ArgonautInsuranceCompany,Illinois Corporation,do herebycertify thatthe original POWEROF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. p
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on thus SA'- day of l/ t/ W S.
S€ AL , o_ . -) za4. _
1998
2 L
11hl?'' 1 SarahHeineman VP-Underwriting Surety
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY AND THE SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER ARE IN BLUE, AND THE DOCUMENT IS ISSUED ON WATERMARKED PAPER. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL( 210) 321- 8400.
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Aloe
POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS that Waste Management, Inc. and each of its direct and indirect majority owned subsidiaries( the" WM Entities"), have constituted and appointedanddoherebyappointAnoopChawlaAdlakha, MargaretBuboltz, JenniferS.
Copeland, VanessaDominguez, Michael J. Herrod, Myisha Jefferson ,Wendy W. Stuckey, Nancy Thomas, Lupe Tyler and StephenieWhittington of Aon Risk ServicesSouthwest, Inc., eachits true and lawful Attorney-in-fact to executeundersuchdesignationin its name, to affix the corporatesealapprovedby the WM Entities for suchpurpose, and to deliver for and on its behalf assuretythereonor otherwise, bondsof any of the following classes, to wit:
1. Suretybondsto theUnited Statesof Americaor anyagencythereof, andleaseand miscellaneoussuretybondsrequiredor permittedunderthe laws, ordinancesor regulationsof anyState, City, Town, Village, Boardor anyotherbody or organization, public or private.
2. Bonds on behalf of WM Entities in connection with bids, proposals or contracts.
The foregoingpowersgrantedby the WM Entitiesshallbesubjectto andconditionaluponthe written direction of a duly appointedofficer of the applicableWM Entity( or anydesigneeof any such officer) to executeand deliver any such bonds.
The signaturesandattestationsof suchAttorneys-in-fact andthe sealof the WM Entity may be affixedto anysuchbond, policyor to anycertificaterelatingtheretoby facsimileandanysuch bond, policy or certificatebearingsuchfacsimilesignaturesor facsimilesealshallbevalid and binding upon the applicable WM Entity when so affixed.
IN WITNESS WHEREOF, the WM Entities have causedthesepresentsto be signed by the Vice President and Tr s rer and its corporate seal to be hereto affixed. This power of attorney is in effect as of t '' 1 201' .
Witness: On behalf of Waste Management, Inc. and
each of the other WM Entities
ofj..
12/
tif).^
A jRa/ vde- A:
Devina A. Rankin
Vice President and Treasurer
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Bond No.: SUR0028340
Contract No.: Zoi I7 3
Approved: Or/ zo/y 4/ 1
FAITHFUL PERFORMANCE BOND
WHEREAS, theCityCouncilof theCityof Chino, Stateof California, hereinafterdesignatedas "CITY"and USA Waste of California, Inc., hereinafter designated as " PRINCIPAL," have entered into an agreement wherebyPrincipalagreestoinstallandcompletecertaindesignatedpublicimprovements, whichsaidagreement,dated 1.1040rAbe, I$ Zoo.( , and identified as Project No. PL13- 0629 & PL13-0630, is hereby referredto andmade a part hereof; and' WHEREAS, saidPrincipalisrequiredunderthetermsofsaidagreementtofurnisha bondforthefaithfulperformance of said agreement.
NOW, THEREFORE, we, thePrincipalandArgonautInsuranceCompany, assurety, areheldandfirmlybounduntotheCityof Chinoin thepenalsumof EightyFourThousandOneHundredandNo/100Dollars 84,100.00) lawfulmoneyoftheUnitedStates, forthepaymentofwhichsumwellandtrulytobemade, webind ourselves, ourheirs, successors, executors, andadministrators,jointlyandseverally, firmlybythesepresents.
Theconditionof thisobligationis suchthatif theabove-boundPrincipal, hisor its heirs, executors, administrators, successors, or assigns, shallin all thingsstandto andabideby, andwellandtrulykeepand performthecovenants, conditions, andprovisionsin saidagreementandanyalterationthereofmadeas therein provided, on hisor its part, to bekeptandperformedat thetimeandin the mannerthereinspecified, andin all respectsaccordingto theirtrueintentandmeaning, andshallindemnifyandsaveharmlessCity, itsofficers, agents, andemployees, as thereinstipulated, thenthis obligationshallbecomenullandvoid; otherwiseit shallbeand remain in full force and effect.
As partoftheobligationsecuredherebyandinadditionto thefaceamountspecifiedtherefor, thereshall beincludedcostsandreasonableexpensesandfeesincludingreasonableattorneys' fees, incurredbyCityinsuccessfullyenforcingsuchobligation, allto betaxedas costsandincludedinanyjudgmentrendered.
Thesuretyherebystipulatesandagreesthatnochange, extensionof time, alteration, or additionto the termsoftheagreementortotheworktobeperformedthereunderorthespecificationsaccompanyingthesame shallinanywayaffectitsobligationsonthisbond, anditdoesherebywaivenoticeofanysuchchange, extension of time, alteration, or additionto thetermsof theagreementorto theworkor to thespecifications.
INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedbyPrincipalandSuretyabovenamed,on October 1, 2014.
USA Waste of California, Inc. Argonaut InsuranceCompanyPRINCI PAL SURETY i/
By: (/ f % %/://
anc omas, Attorney-in- Fact upe Tyler, A". rney-in- act
SIGNATURES MUST BE NOTARIZED
Approved as to Form:
AL L..... 6.* ` - - 1
Arj. City Attorney , i 10+
Document No. 16353( PWFORMS\ BONDS- faithful performance\ rev. 05/ 2012) Page 1 of 1
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Aon RiskServicesSouthwest, Inc. dba Aon RiskInsurance ServicesSouthwest, Inc.
CA License 0559715
CERTIFICATEOF ACKNOWLEDGMENT OF SURETY
State of TEXAS
County of HARRIS
Beforeme, the undersignedauthority, on this day personallyappearedLupeTyler knownto me to be the personwhosenameissubscribedto the foregoinginstrumentasAttorney-in-Factof ArgonautInsuranceCompany, and acknowledged to me that he/she executed the same for purposes and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this 1St
day of October, 2014.
JENNIFERSUECOPELAND
S ' • _ . NOTARY PUBLIC
STATE OF TEXAS
1. 1_ ._ f r> :_... 4
010E4
MY COMM. EXP.7127115 Notary Publand for
The State of - AS
My Commission expires: 07/ 27/ 2015
CERTIFICATE OF ACKNOWLEDGMENT OF PRINCIPAL
State of TEXAS
County of HARRIS
Before me, the undersignedauthority, on this day personallyappeared NancyThomasknown to me to be the person whose name is subscribed to the foregoing instrument as Attorney- in-Fact of USA Waste of California, Inc., and acknowledged to me that he/she executed the same for purposes and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this
1St
day of October, 2014.
r
r° r.;,. JENNIFER SUE COPELAND Notary Publi i and for
A NOTARY PUBLIC The State of XAS
STATEOFTEXAS
i' rn0-4'
MYCOMM.EXP.7/27115
My Commission expires: 07/ 27/ 2015
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Argonaut Insurance Company AS- 0072010
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOWALL MENBYTHESEPRESENTS: ThattheArgonautInsuranceCompany,aCorporationdulyorganizedandexistingunderthelawsof theState of Illinois andhaving itsprincipal office in the Countyof Cook, Illinois doesherebynominate,constituteandappoint:
AnoopChawlaAdlakha,MargaretBuboltz,JenniferCopeland,MichaelJ.Herrod,V. DeLeneMarshall,WendyW. Stuckey.LupeTyler,LisaA. Ward Their trueandlawful agent(s)andattorney(s)-in-fact,eachin their separatecapacityif morethanoneis namedabove,tomake,execute,sealanddeliverfor andonitsbehalfassurety,andasitsactanddeedanyandallbonds,contracts,agreementsofindemnityandotherundertakingsinsuretyshipprovided, however, that the penalsumof any one such instrumentexecutedhereundershall not exceedthe sum of:
40, 000. 000. 00
This Powerof Attorneyisgrantedandissignedandsealedunderandbytheauthorityof thefollowingResolutionadoptedbytheBoardof Directorsof Argonaut InsuranceCompany:
RESOLVED,ThatthePresident,SeniorVicePresident,VicePresident,AssistantVicePresident;Secretary,Treasurerandeachof themherebyis authorizedto executepowersof attorney,andsuchauthoritycanbeexecutedby useof facsimilesignature,whichmaybeattestedor acknowledgedbyany officerorattorney,oftheCompany,qualifyingtheattorneyor attorneysnamedin thegivenpowerof attorney,to executeinbehalfof, andacknowledgeas theactanddeedof theArgonautInsuranceCompany,all bondundertakingsandcontractsof suretyship,andto affix thecorporatesealthereto." IN WITNESSWHEREOF,ArgonautInsuranceCompanyhascauseditsofficial sealtobehereuntoaffixedandthesepresentsto besignedby itsduly authorized officer on the 18th day of July, 2013. ArgonautInsuranceCompany As.o o J /
Si.
t5,... sae :'' by: '
Joshua C. Betz Senior Vice President
STATE OF TEXAS
COUNTY OF HARRIS SS:
Onthis18thdayof July,2013A.D,,-beibreme,iANotaryPublicof theStateof Texas,inandfortheCountyof Harris,dulycommissionedandqualified, cameTHEABOVEOFFICEROf TI-SECOMPANY,tomepersonallyknownto betheindividualandofficerdescribedin andwhoexecutedthepreceding instrument,andheacknowledgedthe,executionof same,andbeingbymedulysworn,deposedandsaidthatheistheofficerofthesaidCompanyaforesaid, andthatthesealaffixed hi theprecedinginstrumentistheCorporateSealof saidCompany,andthesaidCorporateSealandhis signatureasofficer were dulyaffixedandsubscribedto thesaidinstrumentbytheauthorityanddirectionof thesaidcorporation,andthatResolutionadoptedbytheBoardof Directors of said Company;
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POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS that WasteManagement, Inc. and all Subsidiaryand Affiliate Companies ( the" Corporation"), has constituted and appointed and does herebyappointMargaretBuboltz, JenniferS. Copeland, VanessaDominguez, MichaelJ. Herrod, Wendy W. Stuckey,Nancy Thomas, Lupe Tyler, and StephenieWhittington of Aon Risk ServicesSouthwest, Inc.,eachits trueandlawful Attorney-in-factto executeundersuch designationinitsnameandtoaffixitscorporatesealtodeliverforandonitsbehalfassurety thereonor otherwise, bondsof anyof thefollowingclasses, to wit:
l. Suretybondsto theUnitedStatesof Americaor anyagencythereof, andleaseand miscellaneoussurety bonds required or permitted under the laws, ordinancesor regulationsof anyState, City,Town, Village, Boardor anyotherbodyororganization, public or private.
2. Bonds on behalf of contractors in connection with bids, proposals or contracts.
The foregoingpowersgrantedby the Corporationshallbesubjectto andconditionaluponthe writtendirectionof anyofficer(oranydesigneeof anysuchofficer)toexecuteanddeliveranysuch bonds.
Thesignaturesandattestationsof suchAttorneys-in-factandthesealof theCorporationmaybe affixedtoanysuchbond,policyor to anycertificaterelatingtheretoby facsimileandanysuch bond, policy or certificate bearingsuch facsimile signaturesor facsimile sealshall be valid and binding upon the Corporation when so affixed.
IN WITNESSWHEREOF, theCorporationhascausedthesepresentsto besignedbyts ice President vidiTreasureranditscorporatesealtobeheretoaffixedthisK I dayof Witness: Waste Management, Inc.
644/ Devina A. Rankin
Vice President and Treasurer
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Bond No.: SUR0028340
Contract No.: 20/ 6 / 73
Approved: Waif- op/ 07
LABOR AND MATERIAL BOND
WHEREAS, the City Councilof the City of Chino, State of California, hereinafterdesignatedas "CITY"and USA Waste of California, Inc., hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated No ve, miow it j 2,o1'( and identified as Project No. PL13- 0629 & PL13- 0630, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performanceof the work, to file a goodand sufficientpaymentbondwiththe City of Chinoto securethe claimsto which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, saidPrincipalandthe undersigned, ascorporatesurety, are heldandfirmlybound unto the City of Chino, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Forty Two Thousand and No/ 100 Dollars ($ 42,000.00) for materialsfurnishedor labor thereonof any kind, or for amountsdueundertheUnemploymentInsuranceActwithrespectto suchworkor labor, thatsaidsuretywillpay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in additionto the face amountthereof, costs and reasonableexpensesand fees, including reasonableattorneys' fees, incurredbyCityinsuccessfullyenforcingsuchobligation, to beawardedandfixedbythe court, and to be taxed as costs and to be included in the judgment therein rendered.
It is herebyexpresslystipulatedand agreed that this bond shall inure to the benefit of any and all persons, companies, and corporationsentitled to file claims under Title 15 (commencingwith Section 3082) of Part4 of Division3 of the CivilCode, so as to givea rightof actionto themor theirassignsin anysuitbroughtupon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the termsof the agreementor the specificationsaccompanyingthe same shall in anyway affect its obligationson this bond, and it does hereby waive notice of any such change, extensionof time, alteration, or addition.
INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedby PrincipalandSuretyabovenamed,on October 1, 2014.
USA Waste of California, Inc. Argonaut Insurance Company
PRINCIPAL SURETY
7 By: By:
ancyr "o as, Attorney-in- Fact L pe Ty er, Att. ney-;n-Fact
SIGNATURE( S) MUST BE NOTARIZED
Approved as to Form:
DtitA0 . i, to
A, City Attorney 11' 1 ff
Document No. 16354( PWFORMS\ BONDS- L& M\ rev. 05/ 2012) Page 1 of 1
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Aon Risk Services Southwest, Inc. dba Aon Risk Insurance Services Southwest, Inc.
CA License 0559715
CERTIFICATE OF ACKNOWLEDGMENT OF SURETY
State of TEXAS
County of HARRIS
Before me, the undersigned authority, on this day personally appeared Lupe Tyler known to me to be the person whose name is subscribed to the foregoing instrument asAttorney- in-Fact of Argonaut Insurance Company, and acknowledged to me that he/ she executed the same for purposes and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this
1st
day of October, 2014.
S A A . l ., . l _
JENNIFERSUECOPELAND Notary Publi, . nd for
L , NOTARYPUBLIC The State of AS
STATEOFTEXAS9 O1
104
MYCOMM:E7(H71115
My Commission expires: 07/ 27/ 2015
CERTIFICATE OF ACKNOWLEDGMENT OF PRINCIPAL
State of TEXAS
County of HARRIS
Before me, the undersigned authority, on this day personally appeared Nancy Thomas known to me to be the person whose name is subscribed to the foregoing instrument as Attorney- in-Fact of USA Waste of California, Inc., and acknowledged to me that he/ she executed the same for purposes and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office this
ft
day of October, 2014.
JENNIFERSUECOPELAND
SI } i NOTARYPUBLIC l L . A A ai41"
4- t,
p STATEOF TEXAS
otary Publi in . d forMYCOMM.EV 7/27/15
The State of EXA
My Commission expires: 07/ 27/ 2015
13.11.b
Final Acceptance of Public Improvement - CNG (PL13-
Packet Pg. 148
Argonaut Insurance Company As- 0072027
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P. O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESEPRESENTS: ThattheArgonautInsuranceCompany,aCorporationduly organizedandexistingunderthelawsof theState of Illinois andhaving its principal office in the County of Cook, Illinois doeshereby nominate,constituteandappoint:
Anoon Chawla Adlakha, Margaret Buboltz, Jennifer Copeland, Michael J. Herrod, V. DeLene Marshall, Wendy W. Stuckey. Lure Tyler, Lisa A. Ward Their trueandlawful agent(s)andattorney(s)-in-fact, eachin their separatecapacityif morethanoneis namedabove,to make,execute,sealanddeliver for andon its behalfassurety,andasits actanddeedanyandall bonds,contracts,agreementsof indemnityandotherundertakingsin suretyshipprovided, however, that the penal sum of any one such instrument executed hereundershall not exceedthe sum of:
40. 000. 000. 00
ThisPowerof Attorneyisgrantedandis signedandsealedunderandby theauthorityof thefollowingResolutionadoptedbytheBoardof Directorsof Argonaut Insurance Company:
RESOLVED, That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurerandeachof them hereby is authorizedto executepowersof attorney,andsuchauthoritycanbeexecutedby useof facsimile signature,which maybeattestedor acknowledgedby any officer or attorney,of theCompany,qualifyingtheattorneyor attorneysnamedin thegiveli,powerof attorney,to executein behalfof, andacknowledgeas theactanddeedof theArgonautInsuranceCompany,all bondundertakingsand-contractsof suretyship,andto affix thecorporatesealthereto." IN WITNESS WHEREOF, Argonaut InsuranceCompanyhascausedits,officia) sealto be hereuntoaffixed and thesepresentsto besignedby its duly authorized officer on the 18th day of July, 2013.
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Argonaut InsuranceCompany
xNSURAti' c'•-,
i •
oaPO14 .
o. C 7 ham` ..
SEALo .• 1948 I Y c by
Joshua C. Betz Senior Vice President
STATE OF TEXAS
COUNTY OF HARRIS SS:
Onthis 18thdayof July,2013A.D.,beforeme,a NotaryPublicof theStateof Texas,in andfor theCountyof Harris,dulycommissionedandqualified, cameTHE ABOVE OFFICERO1 TI-IF COMPANY, to mepersonallyknownto be theindividual andofficer describedin andwho executedthe preceding instrument,and he acknowledgedthQexecutionof same,andbeing by me duly sworn, deposedand saidthat he is the officer of the said Companyaforesaid, and that the sealaffixed, i thepreceding instrument is the Corporate Sealof said Company, and the saidCorporate Sealand his signature as officer were duly affixed andsubscribedto thesaidinstrumentby theauthority anddirectionof the saidcorporation,andthat Resolutionadoptedby theBoardof Directorsof saidCompany,referredto in theprecedinginstrumentis now in force.
IN TESTIMONY WHEREOF,I havehereuntosetmy hand,andaffixed myOfficial SealattheCountyof Harris,thedayandyearfirst abovewritten.
KATHLEEN M MEEKS
1JX1`' YI. JJ r/
e,•`, NOTARY PUBLIC
STATE OF TEXAS
MY COMM. EXR 07- 15- 2017
Notary Public)
I, the undersignedOfficer of the Argonaut InsuranceCompany,Illinois Corporation, do herebycertify that the original POWER OF ATTORNEY of which the foregoing is a full, true andcorrect copy is still in full force and effect andhasnot beenrevoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the ICv 1day of
0 204 , ` V
I.Li
i2: SEAL
SarahHeineman VP-Underwriting Surety
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY AND THE SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER ARE IN BLUE, AND THE DOCUMENT IS ISSUED ON WATERMARKED PAPER. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL( 210) 321- 8400.
13.11.b
Final Acceptance of Public Improvement - CNG (PL13-
Packet Pg. 149
POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS that Waste Management, Inc. and each of its direct and indirect majority owned subsidiaries ( the" WM Entities"), have constituted and appointed and do hereby appoint Anoop Chawla Adlakha, Margaret Buboltz, Jennifer S.
Copeland, VanessaDominguez, Michael J. Herrod, Myisha Jefferson ,Wendy W. Stuckey, Nancy Thomas, Lupe Tyler and StephenieWhittington of Aon Risk Services Southwest, Inc., each its true and lawful Attorney-in-fact to executeunder suchdesignation in its name,to affix the corporatesealapproved by the WM Entities for suchpurpose, andto deliver for and on its behalf assuretythereonor otherwise, bondsof anyof the following classes, to wit:
1. Suretybondsto theUnited Statesof America or anyagencythereof, andleaseand miscellaneoussurety bonds requiredor permitted underthe laws, ordinancesor regulations of any State, City, Town, Village, Board or any other body or organization, public or private.
2. Bonds on behalf of WM Entities in connection with bids, proposals or contracts.
The foregoingpowersgrantedby the WM Entitiesshall besubjectto andconditional uponthe written direction of a duly appointedofficer of the applicableWM Entity( or any designeeof any such officer) to executeand deliver any such bonds.
The signaturesand attestationsof such Attorneys-in-fact and the sealof the WM Entity may be affixed to anysuchbond, policy or to anycertificaterelatingtheretoby facsimileandanysuch bond, policy or certificatebearingsuchfacsimilesignaturesor facsimilesealshallbevalid and binding upon the applicable WM Entity when so affixed.
IN WITNESS WHEREOF, the WM Entities have causedthesepresentsto be signed by the Vice President and Treasurer and its corporate sea( to be hereto affixed. This power of attorney is in effect as of n( OIQ. r 1 201 .
Witness: On behalf of Waste Management, Inc. and
each of the other WM Entities
641,00r.
6/ 7
QAAA-Nk.' dDevina A. Rankin
Vice President and Treasurer
13.11.b
Final Acceptance of Public Improvement - CNG (PL13-
Packet Pg. 150
t_
s
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 18, 2014
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: JOSE ALIRE, ASSISTANT CITY MANAGER/ PUBLIC WORKS''? SUBJECT: PUBLIC IMPROVEMENT AGREEMENT — PL 13- 0629 SITE APPROVAL ( USA WASTE OF CALIFORNIA INC.)
RECOMMENDATION
Approve a Public Improvement Agreement with USA Waste of California Inc., and authorizethe CityManagerto executethe necessarydocumentson behalfof the City.
FISCAL IMPACT
There is no fiscal impact to the City.
City Clerk: Approved{/] Denied [ ] Continued [ ] Tabled [ ] AYES: DY [. 4 TH [./] GD EE [] EU [4-
NOES: DY [ ] TH [ ] GD [ ] EE [ ] EU [ ]
ABSENT: DY [ ] TH [ ] GD [ ] EE [ ] EU [ ]
ABSTAIN: DY [ ] TH [ ] GD [ 1 EE [ ] EU [ ]
Revenue: Expenditure:
Transfer In: Transfer Out:
13.11.b
Final Acceptance of Public Improvement - CNG (PL13-
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COUNCIL MEETING DATE: NOVEMBER 18, 2014
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT— PL 13- 0629 SITE APPROVAL USA WASTE OF CALIFORNIA INC.)
PAGE 2
BACKGROUND
On February19, 2014, the Cityof ChinoPlanningCommissionconditionallyapproved PL 13-0629 Site Approval to construct a Compressed Natural Gas (CNG) fueling station facilityforUSAWasteofCaliforniaInc. (WasteManagement) locatedat 13821Redwood Avenue ( Exhibit A). The conditions of approval required public improvements including, but not limited to, curb, gutter, sidewalk, drive approaches, and a street light, which necessitates a Public Improvement Agreement.
ISSUES/ ANALYSIS
Thedeveloperwillbeconstructingthepublicimprovementsadjacenttotheirfrontage, as conditioned by the City of Chino Planning Commission. To guarantee the completion of these public improvements, the developer has submitted a Public Improvement Agreementandthe necessarybonds. TheCityAttorneyhas reviewedand approvedthe agreement and necessary bonds.
JA/ BS/ Im
Attachments: Exhibit A
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PL 13- 0629 SITE APPROVAL
EXHIBIT " A"
SCHAEFER AVENUE
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I Q N.T. S.
a
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Q ANDERSON STREET PL 13- 0629
SITE APPROVALJ I
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0 DANIELS STREET _
EDISON AVENUE
1 SITE PLAN
CITY OF CHINO
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tied
IS
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Final Acceptance of Public Improvement - CNG (PL13-
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Revenue: Expenditure: 3207100 - 40005- TR171 and 3207100-40005- ST162
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 21, 2023
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE CONSTRUCTION CONTRACT INCREASE FOR SEQUEL CONTRACTORS, INC. (TR171 AND ST162).
RECOMMENDATION
1) Approve a contract increase in the amount of $585,953.57 for a revised total contract amount not-to-exceed $3,967,521.87 with Sequel Contractors, Inc, Santa Fe Spring, CA (Contract No. 2022-062) for ST162- Street Rehabilitation and TR171 Traffic Signal Modifications Project; and 2) 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 Capital Improvement Project budget for Project TR171 and ST162.
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
13.12 NEW BUSINESS
Packet Pg. 155
COUNCIL MEETING DATE: FEBRUARY 21, 2023
SUBJECT: APPROVE CONSTRUCTION CONTRACT INCREASE FOR SEQUEL CONTRACTORS, INC. (TR171 AND ST162)
PAGE 2
BACKGROUND
On July 6, 2021, City Council awarded a construction contract to Sequel Contractors, Inc., Santa Fe Springs, CA in the amount of $3,313,079.27 for the construction of the Traffic Signal Modifications - Grand Avenue at Spectrum East and West & Grand Avenue Paving from Pipeline Avenue to West City Limits (TR171); and Street Rehabilitation - Pipeline Ave nue - Phase I (ST162) and authorized expenditures for contingencies in the amount of $331,000.00, for a not-to-exceed potential total contract amount of $3,644,079.27.
Throughout the project’s construction, the city has approved three (3) Contract Continge ncy Change Orders (CCO) for an amount of $68,489.03 to address various unforeseen field conditions along with cost increases in material, equipment, and labor. The current CCO 4 accounts for additional cost increase caused by a necessary suspension of the work. The suspension was required to accommodate the Caltrans permitting process, as well as to prevent traffic pressure during the busy holiday shopping season. This CCO also includes a contract scope change.
The conformed plans called for asphalt repair s of the N/B SR -71 entrance lanes at W/B Grand Avenue, crossing Roswell Avenue. This location was heavily damaged by truck traffic. City staff requested additional paving recommendations from the City's Geo -Technical consultant for this location. After receiving recommendations for concrete paving, City staff requested pricing from Sequel Contractors, Inc. to place the concrete paving as recommended. Staff negotiated the costs and credits necessary for the work and directed the contractor to proceed with th e work immediately to avoid any further cost increases.
ISSUES/ANALYSIS
Sequel Contractors, Inc. is performing the work per the terms of the contract. The Change Order Work has been completed, and will be processed upon City Councils’ approval. Staff recommends increasing the total contract amount by $585,953.57 for a revised total not -to- exceed contract amount of $3,967,521.87. Note that the remaining contingency amount will be preserved for unforeseen work and final balancing bid items.
Construction Contract Amount $ 3,313,079.27
Contract Contingency $ 331,000.00
Contract Change Orders No. 1-3 $ 68,489.03
Remaining Contingency Amount $ 262,510.97
Contract Change Order No. 4 $ 585,953.57
Revised Contract Amount $ 3,967,521.87
Attachment: Sequel Contractors, Inc. Contract Change Order No. 4
13.12 NEW BUSINESS
Packet Pg. 156
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--3720 Fax Web Site: www.cityofchino.org DATE: PROJECT: LOCATION: Grand Ave from WCL to Edison Ave Pipeline Ave from Edison to Eucalyptus S TO (Contractor): Sequel Contractors, Inc. THE CONTRACT IS CHANGED AS FOLLOWS:
$ 3,313,079.27 $ 68,489.03 $ 585,953.57 $ 3,967,521.87 ITEM NO. DESCRIPTION QUANTITY CHANGE IN CONTRACT PRICE Cost increases to AC paving, equipment and labor resulting from City requested suspension of work and Caltrans permitting delays. See PCO 19 for details Replace existing AC paving at Grand Ave. WB #4 lane at Roswell Ave. with 10-C- 3250 PCC paving over 6" CAB compacted to 95% based on geotechnical recommendations to prevent shoving. See PCO 18 for details. Replace existing AC paving at Grand Ave. WB #3 lane at Roswell Ave. with 10-C- 3250 PCC paving over 6" CAB compacted to 95% based on geotechnical recommendations to prevent shoving. See PCO 20 for details. Credit for use of existing CAB at Grand Ave. WB #3 and WB #4 lane at Roswell Ave. $ 585,953.57 $ 68,489.03 $ 654,442.60 $585,953.57 $3,967,521.87 including the previously authorized change orders in sum of The time provided for completion in the contract is increased by 248 working days. The new completion date is 4/5/2023. This document shall become an amendment to the contract and all provisions of the contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated.
CITY OF CHINO PUBLIC WORKS DEPARTMENT CONTRACT CHANGE ORDER 01/26/23 CHANGE ORDER NO: 04 CONTRACT NO.: 2022-062 Street Rehabilitation, Pipeline Ave and Grand Ave UNIT UNIT PRICE TOTAL CHANGE ON THIS CONTRACT CHANGE ORDER TOTAL CHANGE ON PREVIOUSLY AUTHORIZED CONTRACT CHANGE ORDERS NET CHANGE IN CONTRACT PRICE and the total adjusted contract price to date The sum of is hereby applied to the contract price of $3,313,079.27 thereby is $68,489.03 TR-171&ST-162 Original Contract Amount: Previously Authorized Contract Change Orders: Authorized Amount for This Contract Change Order: Adjusted Contract Amount:
13.12.a
Approve Construction Contract Increase for Sequel
Packet Pg. 157
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--3720 Fax Web Site: www.cityofchino.org CITY OF CHINO PUBLIC WORKS DEPARTMENT CONTRACT CHANGE ORDER DATE: CONTRACT NO.: ACCEPTED BY: Daniel Bustamante Contractor RECOMMENDED BY: James Pagani Project Manager APPROVED BY: Maria Fraser, PE CIP Manager APPROVED BY: Amer Jakher, PE Director of Public Works APPROVED BY: Linda Reich CHANGE ORDER NO: 04 TR-171&ST-162 Date Date Date Date City Manager Date ATTEST: Natalie Gonzaga City Clerk Date NOTE: All workmanship and materials called for by this Change Order shall be fully in accordance with the original Contract Document insofar as the same may be applied without conflict to the conditions set forth by this Change Order. The time for completing the Contract will not be extended unless expressly provided for in the Change Order. This Change Order shall not be considered as such until it has been signed by authorized representatives of the Contractor and the City. Upon final approval, distribution of copies will be made as required. Page 2 of 3 01/26/23 2022-062
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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--3720 Fax Web Site: www.cityofchino.org CITY OF CHINO PUBLIC WORKS DEPARTMENT CONTRACT CHANGE ORDER 01/26/23 CHANGE ORDER NO: 04 TR-171&ST-162 REQUEST AND JUSTIFICATION FOR CHANGE 1. Necessity for change: See page 1. 2. Is proposed change an alternate bid? 3. Will proposed change alter the project scope? 4. Effect of this change on project contractors? None 5. Has consent of surety been obtained? 6. If Yes, will the policies be extended? 7. Effect on operation and maintenance costs: None. Page 3 of 3 DATE: CONTRACT NO.: 2022-062 Will this change effect expiration or extent of insurance coverage?
13.12.a
Approve Construction Contract Increase for Sequel
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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 21, 2023
TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES / RISK
MANAGEMENT
SUBJECT: INTRODUCTION OF ORDINANCE NO. 20 23-004 - CLAIMS AGAINST THE CITY.
RECOMMENDATION
Approve the introduction of Ordinance No. 2023-004, an Ordinance of the City of Chino Amending Section 3.80.020 of the Chino Municipal Code - Claims Against the City - Delegation of Authority.
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
• Superior Customer Service
13.13 NEW BUSINESS
Packet Pg. 160
COUNCIL MEETING DATE: FEBRUARY 21, 2023
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2023-004 - CLAIMS AGAINST THE CITY PAGE 2
BACKGROUND
Government Code Section 900, et seq., requires that any person seeking to sue the City to seek damages must first file a claim against the City. As such, the City receives a large n umber of claims each year. Currently, all claims or demands for damages to persons and/or personal property are delivered to the Human Resources/Risk Management Department for processing.
The Director of Human Resources/Risk Management then reviews all c laims for sufficiency, compromise, settlement or rejection.
Currently, Section 3.80.020 of the Chino Municipal Code - Claims Against the City – Delegation of Authority delegates authority to the Director of Human Resources/Risk Manage ment to compromise or settle claims up to $5,000 and provides the City Manager the same authority for claims ranging from $5,001 - $25,000 and requires the City Council to review and act on claims in excess of $25,000.
ISSUES/ANALYSIS
In order to continue to provide efficie ncy and consistency in authority limits, Staff is recommending the dollar limits for compromising and settling claims mirror Section 3.32.060 of the Chino Municipal Code - Purchasing approval authority:
• The Director of Human Resources/Risk Management to co mpromise or settle claims up to $10,000.
• The City Manager the same authority for claims ranging from $10,001 - $50,000. • The City Council would be required to review and act on claims in excess of $50,000.
The attached Ordinance will amend the Section 3.80.020 – Delegation of Authority of the current Ordinance No. 2019-018.
Attachment: Ordinance No. 2023-004
13.13 NEW BUSINESS
Packet Pg. 161
ORDINANCE NO. 2023-004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO
AMENDING SECTION 3.80.020 OF THE CHINO MUNICIPAL CODE--
CLAIMS AGAINST THE CITY OF CHINO
WHEREAS, pursuant to the Government Claims Act (Government Code § 900, et al) the City of Chino must be presented with a claim prior to the initiation of a lawsuit for damages against the City; and
WHEREAS, this results in the City receiving a large number claims each year, regarding a wide range of injuries, complaints, and other demands; and
WHEREAS, the City Council has delegated the authority to handle certain claims to the Director of Human Resources/Risk Management and City Manager , in order to ensu re that they are handled appropriately and efficiently; and
WHEREAS, consistency is desired in levels of authority between purchasing approval authority and approval authority for settling claims.
NOW, THEREFORE, the city council of the city of chino hereby does ordain as follows:
Section 1. Section 3.80.020 of the Chino Municipal Code, Claims Against the City - Delegation of authority is hereby amended to read as follows:
3.80.020 — Delegation of authority.
The City Council delegates authority to the Director of Human Resources/Risk Management or his/her designee to review all claims for sufficiency and to reject any and all claims.
a) The Director of Human Resources/Risk Management is granted authority to allow, compromise, or settle claims for an amount up to ten thousand dollars ($10,000).
b) The Director of Human Resources/ Risk Management shall seek authority from the City Manager when the amount to be paid is between ten thousand one dollar and fifty thousand dollars ($10,001 – $50,000).
c) The City Council shall have sole authority to allow, compromise, or settle claims for an amount in excess of fifty thousand dollars ($50,000).
Section 2. Except as expressly modified, the provisions of Section 3.80 shall remain unmodified and in full force and effect.
13.13.a
Introduction of Ordinance No. 2023-004 - Claims Against Packet Pg. 162
ORDINANCE 2023-004
APPROVED AND ADOPTED THIS 7th DAY OF MARCH 2023.
_____________________
EUNICE ULLOA, MAYOR
CITY OF CHINO, CALIFORNIA
ATTEST:
_____________________
NATALIE GONZAGA, CITY CLERK
CITY OF CHINO, CALIFORNIA
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Introduction of Ordinance No. 2023-004 - Claims Against Packet Pg. 163
ORDINANCE 2023-004
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 7TH day of March 2023.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
__________________________
NATALIE GONZAGA, CITY CLERK
CITY OF CHINO, CALIFORNIA
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Introduction of Ordinance No. 2023-004 - Claims Against Packet Pg. 164
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
POLICE DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 21, 2023
TO: LINDA REICH, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2023 -003 - TOWING SERVICE REGULATIONS.
RECOMMENDATION
Approve the introduction of Ordinance No. 2023 -003, to be read by number and title only and waive further reading of the Ordinance.
FISCAL IMPACT
Adopting the proposed ordinance will revise regulations related to tow service operators in the City to better comport to Police Department needs and clarify language in Chapter 5.36. The amendments are not expected to have any financial impact on the City.
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
• Financial Stability
• Exemplary Leadership
13.14 NEW BUSINESS
Packet Pg. 165
COUNCIL MEETING DATE: FEBRUARY 21, 2023
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2023-003 - TOWING SERVICE
REGULATIONS
PAGE 2
BACKGROUND
The Chino Police Depar tment has assessed its need for tow services based on the number of calls and size of the City. Following that assessment, the Police Department determined that the City’s needs warrant having three tow operators provide services as authorized tow operators for the City on a non-exclusive basis.
Additionally, Section 5.36.050 currently disqualifies a tow service operator if any representative or employee of operator has been convicted of crimes specified in Section 5.36.50. Revising the language to proh ibit the person from driving or operating a tow vehicle when providing service to the City, but not disqualifying the operator as a whole, would better maintain the protections intended by that provision.
The last change to Section 5.36.130 clarifies that deposits of storage fees are collected by the Police Department rather than the Chief of Police.
ISSUES/ANALYSIS
Amending Chapter 5.36 of the Chino Municipal Code to specify the number of authorized tow operators at three operators would be best to not ify interested operators of the City’s needs, while providing some flexibility in the Code should the Chief of Police find, in his/her discretion, that additional tow services are needed.
Also, the prohibition barring a tow service operator from particip ating as a tow operator if any of its employees or representatives has been convicted of a specified crime is arguably too broad of a standard. This provision could be narrowed so as not to disincentivize tow operators from providing such persons the oppo rtunity to reintegrate into society and secure gainful employment. To that end, the proposed language instead clarifies that such tow operator representative or employee is prohibited from driving or operating any vehicle related to the tow services for the City.
Finally, the change to Section 5.36.130 better comports to the Police Department’s practice of having storage fees collected through the separate accounting maintained by the Department for that purpose rather than requiring the fees be collected by the Police Chief.
Attachment: Ordinance No. 2023-003
13.14 NEW BUSINESS
Packet Pg. 166
01225.0010/849091.2
Ordinance No. 2023-003
ORDINANCE NO. 2023-003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHINO, CALIFORNIA AMENDING CHAPTER 5.36
(TOWING SERVICE REGULATIONS ) OF THE CHINO
MUNICIPAL CODE
WHEREAS, the City of Chino has adopted an ordinance regulating towing services and storage, codified in Chapter 5.36 of the Chino Municipal Code; and WHEREAS, the City desires to revise Chapter 5.36 of the Chino Municipal Code to clarify certain language therein; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Section 5.36.030 of the Chino Municipal Code, entitled “Tow service permits,” and specifically subsection (A) thereunder, shall be amended as follows, with all other provisions of Section 5.36.030 remaining unmodified and in full force and effect (new text in underline, deleted text in strike through):
“A. The chief of police may issue nonexclusive tow service permits to one or more three tow service operators to provide for the towing and storage of motor vehicles. The chief of police, in his/her discretion, may issue additional nonexclusive tow service permits depending on the city’s needs.
In exchange for the grant of a permit, the permittee shall comply with the provisions of this chapter including the collection and payment of such fees, as determined by city council resolution from time to time, for calls for service initiated by the Chino police department.”
SECTION 3. Section 5.36.050 of the Chino Municipal Code, entitled Application contents,” and specifically subsection J thereunder, shall be amended as follows, with all other provisions of Section 5.36.050 remaining unmodified and in full force and effect (new text in underline, deleted text in strike through):
“J. A statement that no principal, agent, contractor, or employee of the tow service operator has been convicted of any felony or any misdemeanor involving theft, burglary, possession of stolen property, violence on the
13.14.a
Introduction of Ordinance No. 2023-003 - Towing Service Packet Pg. 167
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Ordinance No. 2023-003
person of another, illegal acquisition of vehicles, parts or documents, flagrant or repeated violations of the Vehicle Code, violations involving narcotics or dangerous drugs or moral turpitude. Alternatively, the statement shall warrant that any principal, contractor or employee of the tow service operator that has been convicted of any felony or any misdemeanor involving theft, burglary, possession of stolen property, violence on the person of another, illegal acquisition of vehicles, parts or documents, flagrant or repeated violations of the Vehicle Code, violations involving narcotics or dangerous drugs or moral turpitude will Any principal, agent, contractor or employee who has been convicted of such crimes may work for the tow service operator, but shall not drive or operate any vehicle related to the tow services provided under this chapter.
SECTION 4. Section 5.36.130 of the Chino Municipal Code, entitled Application contents,” and specifically subsection s D and F thereunder, shall be amended as follows, with all other provisions of Section 5.36. 130 remaining unmodified and in full force and effect (new text in underline, deleted text in strike through):
“D. The chief Chino police department shall collect release fees from the legal or registered owners, or those persons authorized by their legal or registered owners, who claim stored motor vehicles prior to releasing said motor vehicles from storage. The city manager, or designee, may reduce or waive the release fee as provided in this chapter or the Vehicle Code. The chief shall issue a rec eipt for payment of said release fees and an authorization to release said motor vehicles from storage. . . . .
F. Each permittee shall collect all applicable storage fees prior to releasing vehicles. The tow service operator shall transmit one -half of al l storage fees collected to the police chief Chino police department and retain one - half of such fees as compensation for its storage services, and shall remit the balance at the end of each month to the city. The permittee may retain all towing fees. Further, each permittee shall conduct lien sales on behalf of the city, remitting such portion of the proceeds thereof as may be required by the city from time to time.”
SECTION 5. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this Ordinance on behalf of the City of Chino forthwith upon its adoption.
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Introduction of Ordinance No. 2023-003 - Towing Service Packet Pg. 168
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Ordinance No. 2023-003
SECTION 6. The City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Chino.
PASSED, APPROVED, AND ADOPTED this ___ day of ______________, 2023.
Eunice M. Ulloa, Mayor
ATTEST:
Natalie Gonzaga, City Clerk
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Introduction of Ordinance No. 2023-003 - Towing Service Packet Pg. 169