Agenda packet, first session — Chino City Council, September 6, 2022 (part 1 of 3)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers.

Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s website at www.cityofchino.org.

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY SEPTEMBER 6, 2022
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
AGENDA

ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Member Karen C. Comstock, Council Member Christopher Flores, Council Member Walt Pocock.

CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about the closed session items. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more that five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).

CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR.

Pursuant to Government Code Section 54956.8.

Property: 12931 Central Avenue (102004-307-0000); 12921 and 12923 Central Avenue (102004-308-000)
Agency Negotiator: Dr. Linda Reich, City Manager
Negotiating Parties: Chong Su Yi and Randy K. Yi
Under Negotiations: Price and terms of potential acquisition

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.

CHINO CITY COUNCIL
SEPTEMBER 6, 2022 2
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:

Chino Basin Municipal Water District v. City of Chino, et al. (Case No. RCVRS 51010).

3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.

Threat of litigation pursuant to Paragraph (2) of Subdivision (d) and Paragraph (3) of Subdivision (e) of Government Code Section 54956.9: (1 case).

Claimant: Employees represented by American Federation of State, County and Municipal Employees (AFSCME District Council 36 - Local 3183) (A recognized Employee Union)

FLAG SALUTE

CEREMONIALS
Proclamations
National Preparedness Month - September 2022.

National Childhood Obesity Awareness Month – September 2022.

Suicide Prevention Awareness Month - September 2022.

Presentations
Business of the Month:

NFI - July 2022.

Casa Diaz Sabor A Mexico – August 2022.

Shell Roofing Group Solutions – September 2022.

Mayor's Home Beautification Award - September 2022.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97- 08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public

CHINO CITY COUNCIL
SEPTEMBER 6, 2022 3
or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote.

1. Warrants. Approve expenses as audited and within budget for warrants 760998 to 761704, and Electronic Fund Transfers 515585E to 515870E, totaling $25,192,009.58.

2. Minutes:
a. Minutes. Regular Meeting of July 19, 2022 (All Members Present). b. Minutes. Special Meeting of July 26, 2022 (All Members Present).

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.

4. Amendment to the City's Classification and Salary Schedule. Adopt Resolution No. 2022-061 amending the City's classification and salary schedule to add the position of Assistant City Manager.

5. Amendments to the Conflict of Interest Code. Adopt Resolution No. 2022-058 amending Appendix A of Chapter 2.60 of the Chino Municipal Code relating to the requirement for City officers and employees to file Statements of Economic Interests.

6. Joint Defense Agreement and Agreement with Colantuono Highsmith & Whatley, PC. Approve a Joint Defense Agreement with the City of Ontario, Monte Vista Water District, and Monte Vista Irrigation Company as well as an agreement with Colantuono Highsmith & Whatley, PC in an amount not to exceed $93,000.

7. Third Amendment to Contract with Gruen Associates for Civic Center Master Plan. Approve Third Amendment to Contract with Gruen Associates, Los Angeles, CA, in the amount of $54,759 for Civic Center Master Plan Services

8. Certificate of Agreement Compliance. Authorize the City Manager or their designee to issue a Certificate of Agreement Compliance for the Falloncrest Development Agreement.

9. State Employment Training Panel Funding to the Chino Valley Chamber of Commerce for the Upskill Chino Valley Program. Receive and Disburse $1,000,000 in State Funding to Chino Valley Chamber of Commerce for the Chino Valley Chamber of Commerce Upskill Chino Valley workforce development program.

10. Drinking Water State Revolving Fund Program and Resolution - State Street Project (WA212).

Adopt Resolution No. 2022-060 authorizing the City Manager to sign and submit a loan application to the State of California Water Resources Control Board for the State Street Treatment Facility for Well 12 and 14 (WA212).

11. Annexation of Territory into Community Facilities District No. 2003-3 Improvement Area 5 for Municipal Services. Adopt Resolution No. 2022-051, declaring the City of Chino’s Intention to annex Territory to Improvement Area 5 of Community Facilities District No. 2003-3 for municipal services and schedule a public hearing for Tuesday, October 18, 2022.

12. Appropriation of Funds for Fiscal Year 2021-2022. Appropriate funds in Fiscal Year 2021-22 for Fiscal Year 2022-23 Adopted CIP projects WA231, WA232, and NC231 in the amount of $7,938.00 for Z&K Consultants, Inc. and Wallace & Associates Consulting, LLC.

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SEPTEMBER 6, 2022 4

13. Vendor Cap Increase - Data Ticket and CivicPlus. Approve a retroactive vendor cap increase and appropriation for FY 21-22 for Data Ticket in the amount of $21,000.00 and CivicPlus in the amount of $158.00.

14. Purchase Order Approval with National Auto Fleet Group. Approve Purchase Order in the amount not-to-exceed $51,579.93 for the purchase of a Ford Transit van.

15. Contract Approval - Human Services Programs for Residents of Chino Hills. Approve a contact with the City of Chino Hills in the amount of $184,949.65 for the provision of Human Services programs for residents of Chino Hills for FY 2022-23.

16. Contract Amendment No. 1 - On-Call Traffic Plan Check and Other Related Services (Advantec Consulting Engineers, Inc.). Approve an amendment in the amount of $40,000 for Advantec Consulting Engineers, Inc., Diamond Bar, CA for traffic plan check and other related services for a total contract not to exceed $100,000.

17. Professional Services Agreement for Engineering and Design Services - Project No. WA223.

Award a Professional Services Agreement with BKF Engineers, Riverside, CA for Engineering Design and Bid Support Services for Project No. WA223 - Water Main Line Replacement - Russell Avenue in the amount of $74,274.00.

18. Public Improvement Agreement - Tang & Sung Investment LLC (Wing Lee Farms). Approve a Public Improvement Agreement with Tang & Sung Investment LLC (Wing Lee Farms) for the construction of public improvements associated with PL18-0038 Special Conditional Use Permit located at 13625 Yorba Avenue.

19. Development Impact Fee Reimbursement & Final Acceptance of Public Improvements - College Park Traffic Signal Interconnect Improvements Tract Map No.16838. Approve the Construction Reimbursement Agreement with College Park, LLC and accept the Traffic Signal Interconnect Improvements constructed in College Park.

20. Final Acceptance of Public Improvement Administrative Approval - El Pollo Loco (PL20-0025).

Accept the public improvements for Administrative Approval PL20-0025, located on the south side of Schaefer Avenue between Fern and Euclid Avenues, as complete and authorize release of the performance bond and initiate the warranty bond.

21. Notice of Completion: Riverside Drive Rehabilitation and Traffic Signal Modification Project (ST183) and 11th Street Storm Drain Project (SD211). Accept the Riverside Drive Rehabilitation and Traffic Signal Modification Project (ST183) and 11th Street Storm Drain Project (SD211) as complete and authorize the Director of Public Works to file the Notice of Completion.

22. Notice of Completion-Offsite Dual 6" Diameter Brine Line Discharge Line, Eastside Water Treatment Facility (EWTF). Accept the Offsite Dual 6" Diameter Brine Line Discharge Line, Eastside Water Treatment Facility (EWTF) Project WA19C- constructed by Norstar Plumbing and Engineering, Inc., Rancho Cucamonga, CA as complete.

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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.

CHINO CITY COUNCIL
SEPTEMBER 6, 2022 5

23. Appeal of Planning Commission Action Denying the Campus at College Park. PL21-0004 (Site Approval), PL21-0005 (Special Conditional Use Permit), and PL21-0028 (Tentative Parcel Map No. 20348)
Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.

RECOMMENDATION: 1) Conduct a public hearing; 2) adopt Resolution No. 2022-056, granting the appeal and thereby approving PL21-0004 (Site Approval), PL21-0005 (Special Conditional Use Permit), and PL21-0028 (Tentative Parcel Map No. 20348), and adding a condition of approval to provide for a driveway approach to the project off of Eucalyptus Avenue; and 3) determine the scope of the frontage improvements for which the developer shall be responsible as part of the project and adopt revisions to the conditions of approval.

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24. Annexation to the Lighting and Landscape District for the Chino Valley Unified School District's Administrative Office Project at 13461 Ramona Avenue (PL20-0026). Approve Resolution No. 2022-055 ordering the annexation of PL20-0026 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 90) located at 13461 Ramona Avenue.

Staff Report by: Jesus Plasencia, Assistant City Engineer.

RECOMMENDATION: 1) Conduct a public hearing; 2) approve Resolution No. 2022-055 ordering the annexation of PL20-0026 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 90); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

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25. Annexation to the Lighting and Landscape District for the Alere Property Group's Warehouse and Commercial Buildings at East End Avenue and County Road (PL19-0086). Approve Resolution No. 2022-053 ordering the annexation of PL19-0086 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 93) located on the north side of County Road at East End Avenue.

Staff Report by: Jesus Plasencia, Assistant City Engineer.

RECOMMENDATION: 1) Conduct a public hearing; 2) approve Resolution No. 2022-053 ordering the annexation of PL19-0086 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 93); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

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NEW BUSINESS

26. Purchase Order - Police and Administration Vehicles. Approve a purchase order to National Auto Fleet Group, Watsonville, CA in the amount of $401,167.15 for the purchase of seven (7) vehicles for the Police and Administration Departments.

Staff Report by: David McAbee, Public Works Services Manager.

RECOMMENDATION: Approve a purchase order to National Auto Fleet Group, Watsonville, CA, in the amount of $401,167.15 for the purchase of seven (7) vehicles for the Police and Administration Departments; and authorize the City Manager to execute all necessary documents on behalf of the City.

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CHINO CITY COUNCIL
SEPTEMBER 6, 2022 6

27. Approval of Bond Documents for Special Tax Bonds for Community Facilities District No. 2003- 3 Improvement Area 9. Adopt Resolution No. 2022-059 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 2003-3 Improvement Area 9 of the City of Chino (the “District”), approving the issuance of the bonds and the substantially final forms of the Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement, Continuing Disclosure Agreement, and Appraisal Report (collectively, the “Bond Documents”).

Staff Report by: Nadyne Lowry, Fiscal Services Manager.

RECOMMENDATION: 1) Adopt Resolution No. 2022-059 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 2003-3 Improvement Area (“IA”) 9 of the City of Chino (the “District”), approving the issuance of the bonds and the substantially final forms of the Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement, Continuing Disclosure Agreement, and Appraisal Report (collectively, the “Bond Documents”); and 2) approve the Bond Counsel Agreement with Stradling, Yocca, Carlson & Rauth in the amount of $75,000.

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28. Notice of Completion - Ayala Park Improvements - Phase 1A. Accept the Ayala Park Improvements-North Parking Lot, Picnic Pavilion, and Accessibility Project-Phase 1A completed by Klassic Engineering and Construction Inc., Orange, CA as complete.

Staff Report by: Keith Martinez, Assistant Project Coordinator.

RECOMMENDATION: 1) Accept the Ayala Park Improvements-North Parking Lot, Picnic Pavilion, and Accessibility Project-Phase 1A completed by Klassic Engineering and Construction Inc., Orange, CA as complete; 2) authorize the City Manager to file the Notice of Completion; and 3) release the retention funds following the 35-day lien period.

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MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assignment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.

Mayor Ulloa
Mayor Pro Tem Lucio
Council Member Comstock
Council Member Flores
Council Member Pocock
City Manager's Report
City Attorney's Report
Police Chief's Report

CHINO CITY COUNCIL
SEPTEMBER 6, 2022 7
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, September 20, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.

I, Angela Robles, City Clerk of the City of Chino, hereby declare that on Wednesday, August 31, 2022 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.

5.a
National Preparedness Month - September 2022 Packet Pg. 8

5.a
National Childhood Obesity Awareness Month - September Packet Pg. 9

5.a
Suicide Prevention Awareness Month - September 2022 Packet Pg. 10

5.a
Mayor's Home Beautification Award - September 2022 Packet Pg. 11 Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.

RECOMMENDATION
Approve expenses as audited and within budget for warrants 760998 to 761704, and Electronic Fund Transfers 515585E to 515870E, totaling $25,192,009.58.

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 21-22 and 22-23 Operating Budgets.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability

10.1 CONSENT CALENDAR Packet Pg. 12
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: WARRANTS
PAGE 2

BACKGROUND
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:

NO. WARRANTS DATE FY AMOUNT

1. 760998 – 761123 6/30/22 21-22 $1,235,570.39

2. 761124 – 761143 7/7/22 22-23 $1,422,907.99

3. 761144 – 761234 7/7/22 21-22 $4,883,126.63

4. 761235 – 761265 7/14/22 22-23 $74,387.52

5. 761266 – 761321 7/14/22 21-22 $466,770.58

6. 761322 – 761375 7/21/22 21-22 $5,313,668.88

7. 761376 – 761423 7/21/22 22-23 $395,465.39

8. 761424 – 761467 7/28/22 21-22 $1,126,786.71

9. 761468 – 761516 7/28/22 22-23 $139,617.96

10. 761517 – 761548 8/4/22 21-22 $915,620.82

11. 761549 – 761627 8/4/22 22-23 $462,020.11

12. 761628 – 761651 8/11/22 21-22 $356,936.12

13. 761652 – 761704 8/11/22 22-23 $441,107.23

14. 515585E – 515638E 7/1/22 21-22 $463,287.96

15. 515639E – 515674E 7/8/22 21-22 $878,774.25

16. 515675E – 515676E 7/15/22 22-23 $546.68

17. 515677E – 515709E 7/15/22 21-22 $329,933.62

18. 515710E – 515740E 7/22/22 21-22 $730,465.31

19. 515741E – 515758E 7/22/22 22-23 $37,955.67

20. 515759E – 515780E 7/29/22 21-22 $942,596.11

21. 515781E – 515801E 7/29/22 22-23 $1,811,851.74

22. 515802E – 515816E 8/5/22 21-22 $494,414.91

23. 515817E – 515833E 8/5/22 22-23 $146,769.39

24. 515834E – 515843E 8/12/22 21-22 $724,950,66

25. 515844E – 515870E 8/12/22 22-23 $1,396,476.95
E: Electronic Fund Transfers
TOTAL $25,192,009.58

ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.

RB:hm
Attachment: Exhibit 1

10.1 CONSENT CALENDAR Packet Pg. 13
Council Meeting 9/6/22

CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
760999 06/30/2022 EDWARD C. ACOSTA AND HIS ATTORNEY OF

RECORD,
SETTLEMENT E. ACOSTA $63,500.00
761020 C P CONSTRUCTION CO., INC. BENSON AVENUE STORM DRAIN $463,367.25 761042 CT & T CONCRETE PAVING, INC. CONCRETE MAINTENANCE $192,695.50 761074 M K SMITH CHEVROLET TRUCK PURCHASES (4) $125,093.71 761121 WASTE MANAGEMENT COLLECTION SERVICES $103,926.26 515603 07/01/2022 DDL TRAFFIC, INC. TRAFFIC SIGNAL PARTS $52,387.51 515617 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $208,639.60 761126 07/07/2022 AON RISK INSURANCE SERVICES WEST INC FY 22/23 INSURANCE PREMIUM $1,415,086.25 761147 AMERICAN BUSINESS BANK WA19C-CONTRACT #2022-014 ACCT $76,793.43 761154 CHINO DEVELOPMENT CORPORATION CLAIM VOUCHERS / RMP REIMBURSE $2,261,567.10 761167 EXP US SERVICES, INC. PHILADELPHIA ST & MONTE VISTA $64,030.42 761171 GENTRY BROTHERS, INC. ALLEY REHAB PROJECTS $284,890.69 761180 KLASSIC ENGINEERING & CONSTRUCTION INC AYALA N PARK. LOT, PAVILLION RENNOV. $197,255.14 761188 MNR CONSTRUCTION, INC. YORBA AVE & EUCALYPTUS $124,668.50 761196 PACIFIC HYDROTECH CORPORATION EWTF EXPANSION $1,459,074.61 761213 SO CAL EDISON CO. SERVICE PERIOD 06/01-06/29 $61,334.31 515655 07/08/2022 INLAND EMPIRE UTILITIES AGENCY EDU OPERATIONS & MAINTENANCE $763,196.10 761272 07/14/2022 ATKINSON,ANDELSON,LOYA,RUUD & ROMO LEGAL SERVICES $69,566.30 761309 SO CAL EDISON CO. SERVICE PERIOD 05/03-06/30 $194,532.09 515684 07/15/2022 CLS LANDSCAPE MANAGEMENT, INC. LANDSCAPE MAINTENANCE $57,830.58 515705 SIEMENS MOBILITY, INC TRAFFIC SIGNAL MAINTENANCE $176,085.90 761339 07/21/2022 PALP, INC. LOCAL STREET OVERLAY SERVICES $454,641.56 761354 MCC EQUIPMENT RENTALS, INC. WATER MAIN TRANSMISSION $1,082,442.54 761358 S/B COUNTY ASSOC GOVERNMENTS SR60/CENTRAL INTERCHANGE PROJECT $2,644,132.09 761360 SEQUEL CONTRACTORS, INC. CONSTRUCTION SERVICES $513,882.74 761372 US BANK CORPORATE PAYMENT PURCHASING CARD PAYMENT 6/22/22 $55,698.89 761373 WASTE MANAGEMENT COLLECTION SERVICES $393,244.56

10.1.a
Warrants Packet Pg. 14
Council Meeting 9/6/22
761412 07/21/2022 S/B COUNTY AUDITOR ASSESSMENT FEE FY 22-23 $104,057.12 761419 TYLER TECHNOLOGIES, INC. ANNUAL MUNIS SOFTWARE MAINTENANCE $182,539.45 515723 07/22/2022 HERITAGE DESIGN BUILD & CONSULTING STREET LIGHT MAINTENANCE $80,462.90 515724 MYERS & SONS HIWAY SAFETY CITYWIDE SIGNAGE MAINTENANCE $101,300.35 515735 TRANSTECH ENGINEERS, INC. ON CALL PROJECT SERVICES $53,417.63 515739 WATER FACILITIES AUTHORITY IMPORTED WATER $349,864.64 761429 07/28/2022 C P CONSTRUCTION CO., INC. BENSON AVENUE STORM DRAIN $617,526.19 761453 PACIFIC HYDROTECH CORPORATION EWTF EXPANSION $50,232.18 761465 WASTE MANAGEMENT COLLECTION SERVICES $114,713.70 761495 M K SMITH CHEVROLET ONE (1) 2022 3/4 TON TRUCK $55,827.81 515767 07/29/2022 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICES $701,594.86 515787 CHINO BASIN DESALTER AUTHORITY WATER PURCHASES $1,376,854.55 515788 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES-JULY $321,532.38 515804 08/05/2022 MYERS & SONS HIWAY SAFETY CITYWIDE SIGNAGE MAINTENANCE $86,314.58 515807 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $293,543.79 515814 TRANSTECH ENGINEERS, INC. ON CALL PROJECT SERVICES $51,635.00 515819 DELL MARKETING LP VMWARE CARBON BLACK - 1 YEAR $119,368.98 761519 08/04/2022 ALL AMERICAN ASPHALT SLURRY MAINTENANCE $365,162.04 761522 BIG BEN, INC. CIP CONSTRUCTION SERVICES $75,000.00 761525 DASH CONSTRUCTION COMPANY, INC. ASPHALT REPAIR $134,201.12 761526 GENTRY BROTHERS, INC. ALLEY REHAB PROJECTS $143,050.60 761533 NORSTAR PLUMBING & ENGINEERING, INC. BRINE LINE CONSTRUCTION $94,072.57 761633 08/11/2022 CHINO FORD LLC CITY CONSIDERATION 1/1/22-3/31 $89,608.90 761640 GENTRY BROTHERS INC ALLEY REHAB PROJECTS $96,973.43 761643 KLASSIC ENGINEERING & CONSTRUCTION INC PK221-N PARK. LOT, PICNIC, PAV $64,717.52 761699 SO CAL EDISON CO SERVICE PERIOD 06/30-07/31 $282,708.47 515837 08/12/2022 FISHER SCIENTIFIC CO LLC CITY CONSIDERATION 4/1/22-6/30 $665,472.00 515848 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES-AUGUST $1,187,338.00 515852 DELL MARKETING LP 120 MONITORS FOR REPLACEMENTS $132,925.92 54 TOTAL $21,551,580.31

10.1.a
Warrants Packet Pg. 15

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY JULY 19, 2022
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM

MINUTES

CALL TO ORDER
The July 19, 2022, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:00 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL

Present: Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Members Karen C.

Comstock, Christopher Flores, and Walt Pocock.

Absent: None.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

CLOSED SESSION
City Attorney Fred Galante read into the record the items listed on the Closed Session agenda.

1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Threat of litigation pursuant to Paragraph (2) of Subdivision (d) and Paragraph (3) of Subdivision (e) of Government Code Section 54956.9: (1 case).

Claimant: Stubbie Barr

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR.

Pursuant to Government Code Section 54956.8.

Property: 12931 Central Avenue (102004-307-0000); 12921 and 12923 Central Avenue (102004-308-000)
Agency Negotiator: Anthony Arroyo, Interim City Manager Negotiating Parties: Chong Su Yi and Randy K. Yi
Under Negotiations: Price and terms of potential acquisition The City Council recessed to Closed Session at 6:03 p.m. and concluded at 7:00 p.m.

The City Council reconvened the meeting at 7:06 p.m.

FLAG SALUTE
Council Member Comstock led the assembly in reciting the Pledge of Allegiance.

10.2.1 Minutes Packet Pg. 16

CHINO CITY COUNCIL
JULY 19, 2022 2

CEREMONIALS
Presentations
Mayor Ulloa introduced Michelle Knight Reinhardt, Chino Cultural Foundation Board Member, for the introduction and recognition of 2022 Chino Cultural Foundation Youth Arts Scholarship Recipients Hannah Finkbeiner, Calvin Paras, Sydney Reyes, and Joey Rice and 2022 Gretchen Hartt McCombs Memorial Music Scholarship Recipient Diego Turner.

REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:

Claimant: Stubbie Barr
The City Council received an update, provided direction, no further reportable action was taken.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR.

Pursuant to Government Code Section 54956.8.

Property: 12931 Central Avenue (102004-307-0000); 12921 and 12923 Central Avenue (102004-308-000)
Agency Negotiator: Anthony Arroyo, Interim City Manager Negotiating Parties: Chong Su Yi and Randy K. Yi
Under Negotiations: Price and terms of potential acquisition The City Council received a status update on the price and terms of potential acquisition of the property, provided direction, and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
Interim City Manager Anthony Arroyo reported Item No. 8 would be pulled from the agenda for further staff review.

INFORMATION
Mayor Ulloa announced that the July 2022 Chino Economic Development Report and Citywide Legislative Policy tracked legislation was included in the agenda packet.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following community events and holiday:
• Chino Summer Nights is at 6:30 p.m. on the City Hall lawn with the movies "Clifford The Big Red Dog" scheduled for Friday, July 22nd and "Jungle Cruise" scheduled for Friday, July 29th. For questions, please call 909-334-3256 or visit www.cityofchino.org/movies. • Kiwanis Summer Concerts on the Lawn series occurs on July 21st on the City Hall Lawn with the band "Fortunate Son," a Creedence Clearwater Revival Tribute and July 28th "Bonfire," an AC/DC Tribute. The final Concert is August 5th at Founders Park located at 8151 West Preserve Loop, with a performance by the band "Jumping Jack Flash," a Rolling Stones Tribute. All concerts are held from 7:00 p.m. to 9:00 p.m. For questions, please call 909- 334-3256 or visit www.cityofchino.org/concerts.

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• Seniors at the Square summer concert and dinner series takes place every Monday through August 15th at Aguiar Square. Meal tickets are $4 per person. For questions, please call 909-334-3271.
• National Night Out, a community-building effort to promote police-community partnerships, will take place on August 2nd from 5:00 p.m. to 8:00 p.m. For more information, please call 909-334-3178 or email Police Community Relations Specialists, Andrea Fletcher at [email protected].
• City Hall will be closed on Monday, September 5
th in observance of Labor Day. City Hall will
re-open the following day at its regular operating hours of 7:30 a.m. to 5:30 p.m.

PUBLIC COMMENTS
Pastor Brian Pattison of Victory Baptist Church provided the Invocation.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 760781 to 760997, and Electronic Fund Transfers 515478E to 515581E, totaling $3,696,429.35.

2. Minutes. Regular Meeting of July 5, 2022 (All Members Present)

4. Amended Citywide Legislative Policy. Adopt Resolution No. 2022-049, approving amendments to Section V and VI to the Citywide Legislative Policy. (Pulled from the Consent Calendar for separate action.)

5. Listos California CERT Support Grant. Authorize the acceptance of the Listos California CERT Support Grant in the amount of $15,000 to conduct Community Emergency Response Team (CERT) training.

6. Federal Asset Forfeiture - Equipment Purchase. Appropriate $70,143.92 from the Federal Asset Forfeiture / Department of Justice Fund for the purchase of mobile citation printers and the retro-fitting of the Police Department's Crime Prevention Unit van.

7. California Water and Wastewater Arrearage Payment Program Grant Acceptance. Accept, approve and appropriate the use of $181,828.87 from grant funds (G4068) as outlined by the State of California under the California Water and Wastewater Arrearage Payment Program to pay past due monthly bills for wastewater service.

8. Annexation of Territory into Community Facilities District No. 2003-3 Improvement Area 5 for Municipal Services. Adopt Resolution No. 2022-051, declaring the City of Chino’s Intention to annex Territory to Improvement Area 5 of Community Facilities District No. 2003-3 for municipal services and schedule a public hearing for Tuesday, September 6, 2022. (Removed from the agenda for further staff review.)

9. Public Improvement Agreement for the Assisted Living Facility and Commercial Development on Philadelphia Street (PL19-0079). Approve a Public Improvement Agreement with Chino Villa, LLC for the construction of public improvements located on the north side of Philadelphia Street, west of Benson Avenue and east of Town Square.

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10. Award Professional Services Agreement - Development Impact Fee Engineering Support Services. Award a Professional Services Agreement to Proactive Engineering Consultants, Inc., Corona, CA in the amount of $65,000 for Development Impact Fee Program Engineering Support Services.

11. Final Acceptance of Public Improvement Administrative Approval - Schaefer Childcare Center (PL19-0024). Accept the public improvements for Administrative Approval PL19-0024, located on the south side of Schaefer Avenue between Fern and Euclid Avenues, as complete and authorize release of the performance bond and initiate the warranty bond.

12. Notice of Completion - Traffic Signal Modification Project at Ramona Avenue and Schaefer Ave (TR172). Accept the Traffic Signal Modification Project at Ramona Avenue and Schaefer Avenue (TR172) as complete and authorize the Director of Public Works to file the Notice of Completion.

13. Approve a Construction Contract Change Order: Riverside Drive Street Rehabilitation and Traffic Signal Modification Project (ST183) and 11th Street Storm Drain Project (SD211).

Approve a construction contract change order in the amount of $78,999.85 to Sully-Miller Contracting Company for the Riverside Drive Street Rehabilitation and Traffic Signal Modification Project (ST183) and 11th Street Storm Drain Project (SD211). (Pulled from the Consent Calendar for separate action.)

14. Purchase Order - 2023 Ford Transit Van. Approve a purchase order to National Auto Fleet Group, Watsonville, CA in the amount of $48,742.74 for the purchase of one Model Year 2023 Ford Transit van.

15. Rejection of Bids: Central Avenue and Dupont Avenue Waterline Replacement Projects (WA221 & WA222). Reject all bids for Project No. WA221/WA222 – Water Main Replacements at Central Avenue and Dupont Avenue received on July 6, 2022 and authorize staff to re-bid the project.

16. Adopt Ordinance No. 2022-010, Senate Bill 9 and Animal Keeping (Second Reading). Adopt Ordinance No. 2022-010 amending Title 19 (Subdivisions) and Title 20 (Zoning) of the Chino Municipal Code, regarding developments and lot splits authorized by Senate Bill (SB) 9, amending certain regulations of accessory dwelling units that are impacted by SB 9, and revising provisions regarding the keeping of chickens in the RD 4.5 Zone.

17. Adopt Ordinance No. 2022-012, Catalytic Converters (Second Reading). Adopt Ordinance No. 2022-012 adding Section 9.89 to the Chino Municipal Code establishing regulations prohibiting the unlawful possession of catalytic converters.

Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 vote to approve Consent Calendar items 1 through 3, 5 through 7, 9 through 12, and 14 through 17, as presented. Item 4, Item 8, and Item 13 were pulled from the Consent Calendar for a separate motion.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

ITEMS PULLED FROM CONSENT CALENDAR

4. Amended Citywide Legislative Policy. Adopt Resolution No. 2022-049, approving amendments to Section V and VI to the Citywide Legislative Policy.

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Jack Morgan, Assistant to the City Manager, provided a staff report on this item, and detailed the proposed amendments to the current legislative policy adopted in February 2022. Mayor Pro Tem Lucio requested that the City Council be given an opportunity to discuss and provide input on the policy. Mayor Ulloa confirmed the item will be brought back to City Council at a future workshop.

Item No. 04 was pulled for further staff review. No action was taken.

Item No. 08 was pulled for further staff review. No action was taken.

13. Approve a Construction Contract Change Order: Riverside Drive Street Rehabilitation and Traffic Signal Modification Project (ST183) and 11th Street Storm Drain Project (SD211).

Staff Report by: Amer Jakher, Director of Public Works.

Council Member Comstock inquired about the road conditions on Riverside Drive. She noted large portions of repaved road along Riverside Drive are showing signs of rut. She requested staff monitor the road conditions and develop a strategy for the future.

Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 vote to 1) authorize an increase of $19,080.54 in construction contingency expenditures for a revised amount of $638,805.59 and a not to exceed total contract amount of $6,836,056.09; 2) approve a construction contract change order to Sully-Miller Contracting Company for the Riverside Drive Street Rehabilitation and Traffic Signal Modification Project (ST183) and 11th Street Storm Drain Project (SD211) in the amount of $78,999.85 for a total contract amount not-to-exceed $6,836,056.09; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

18. Master Contracts - Chino Valley Unified School District. Approve the Master Contracts with the Chino Valley Unified School District.

Staff Report by: Ted Bistarkey, Community Services Manager.

Moved by Council Member Flores, seconded by Council Member Comstock, and carried on a 5-0 vote to 1) approve the Master Contracts with the Chino Valley Unified School District for the amounts of $390,000 for HOPE (Exhibit 1); $71,000 for Tobacco Use Prevention Education (TUPE) (Exhibit 2); $40,000 for ARP I (Exhibit 3); $1,350,613.29 for ASES (RAAP/SOAR) (Exhibit 4); $85,350 for TYKES (Exhibit 5); $85,000 for McKinneyVento Case Management and Counseling (Exhibit 6); $91,121 for School-Based Counseling (Exhibit 7); and $160,000 for ARP II (Exhibit 8) for the provision of Community Services programs for FY 2022-23, 2) appropriate an additional $182,608 from the unappropriated reserves of the Community Services Fund, 3) increase the revenue

10.2.1 Minutes Packet Pg. 20

CHINO CITY COUNCIL
JULY 19, 2022 6
budget of the Community Services Fund by $182,608, and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

19. Contract Amendment - RHA Landscape Architects-Planners, Inc. Approve a contract amendment to RHA Landscape Architects-Planners, Inc., Riverside, CA in the amount of $94,750 for Landscape Architectural Services.

Staff Report by: Carolyn Baltzer, Parks & Capital Projects Manager.

Mayor Ulloa inquired about the timeline for the Ayala Park Improvement project. Ms. Baltzer provided the anticipated completion and opening date on September 7, 2022.

Moved by Council Member Comstock, seconded by Council Member Flores, and carried on a 5-0 vote to 1) approve a contract amendment to RHA Landscape ArchitectsPlanners, Inc., Riverside, CA, in the amount of $94,750 for Landscape Architectural Services for a total contract amount of $1,191,040; 2) extend the term of the agreement through June 30, 2023; 3) appropriate $94,750 from the unappropriated reserves from the Park Fund and increase the Ayala Park Improvements project PK181 budget to $- 3,155,520; 4) increase the vendor cap for RHA Landscape Architects-Planners, Inc. by $94,750 for a total not-to-exceed amount of $1,191,040; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

20. Professional Services Agreement - Design the Traffic Signal at Monte Vista Avenue and Walnut Avenue. Award a contract in the amount of $91,770 to Mark III Consultants Inc., Irvine CA, for the Design of Traffic Signal at Monte Vista Avenue and Walnut Avenue and Fiber Optic Communications.

Staff Report by: Mario Flores, Associate Engineer.

Mayor Ulloa inquired about left turn signals and would like consideration of an option that limits the wait time when there is no oncoming traffic, specifically at Edison and 12th. Mr. Flores stated staff would look into it.

Council Members Comstock and Pocock expressed appreciation for the traffic signal project at Monte Vista and Walnut Avenue.

Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 vote to award a contract in the amount of $91,770 to Mark III Consultants Inc., Irvine CA, for the Design of Traffic Signal at Monte Vista Avenue and Walnut Avenue and Fiber Optic Communications 1) appropriate $50,000.00 from the Transportation Fund (320), with a corresponding year end transfer from the General Fund (100); 2) increase the project budget of No. TR212 by $50,000 to a revised amount of $100,000; 3) award a Professional Services Agreement to Mark III Consultants, Inc., Irvine CA, in the amount of $91,770 for the traffic signal design at Monte Vista Avenue and Walnut Avenue, the fiber optic communications, and related services; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

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AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

21. Notice of Completion: SW212 - Sewer Reline at Schaefer Avenue and at 12th Street. Accept the Sewer Reline Project (SW212) as complete and authorize the Director of Public Works to file the Notice of Completion.

Staff Report by: Maria, Fraser, CIP Engineering Manager.

Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 vote to 1) accept the Sewer Reline Project (SW212) as complete; 2) release the retention funds following the 35-day lien period; and 3) authorize the Director of Public Works to file the Notice of Completion.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

22. Certification of Election Results for the June 7, 2022, Special Municipal Election (Ballot Measure Y). Adopt Resolution No. 2022-050 reciting the facts of the Special Municipal Election and declaring the results and such other matters as provided by law.

Staff Report by: Angela Robles, City Clerk.

Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 vote to adopt Resolution No. 2020-050 reciting the facts of the City of Chino Special Municipal Election held on June 7, 2022, declaring the results and such other matters as provided by law.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa.

Mayor Ulloa wished a happy birthday to Linda Reich, Council Member Comstock, and Community Services Commissioner Brenda Strong. Mayor Ulloa reported on meetings and events attended since the last meeting that included the OmniTrans and San Bernardino County Transportation Authority Board of Directors meeting; meeting with City of Ontario Council Member Debra Dorst-Porada, City Manager Scott Ochoa, and Utilities General Manager Scott Burton to discuss the Inland Empire Utilities Agency Chino Basin Program; Water Facilities Authority Technical Advisory Committee; Chino Desalter Authority Board of Directors meeting; Inland Empire Utilities Agency Sewage Policy Committee meeting; Chino Junior Fair 4H FFA Auction; Assemblymember Freddie Rodriguez Community BBQ; meeting with Mr. Wang and Mr. Wu regarding Mr. Wang’s property; City Council Workshop on short term rentals; meeting with Supervisor Hagman regarding the possibility of a new recreational program; Praise Chapel 15 year anniversary in Chino; Chino High School ribbon cutting ceremony; and the Chino Demolition Derby.

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Mayor Pro Tem Lucio.

Mayor Pro Tem Lucio reported on a tour of the City of Lake Elsinore transitional housing program; congratulated his daughter on her Demolition Derby placement; and wished his children a happy birthday.

Council Member Comstock.

Council Member Comstock reported on meetings and events attended since the last meeting that included the City Council Workshop on short term rentals; Chino High School ribbon cutting ceremony; Assemblymember Freddie Rodriguez Community BBQ; tour of the City of Lake Elsinore transitional housing program; and City Council Workshop on image and branding.

Council Member Flores.

Council Member Flores reported on meetings and events attended since the last meeting that included Chino Junior Fair; City Council Workshop on short term rentals; Chino High ribbon cutting ceremony; Preserve meet and greet with residents; Assemblymember Freddie Rodriguez Community BBQ; and wished a happy birthday to Council Member Comstock, Linda Reich, and Community Services Commissioner Brenda Strong.

Council Member Pocock.

Council Member Pocock reported on meetings and events attended since the last meeting that included the Chino Cultural Foundation meeting; Chino Junior Fair Auction; City Council Workshop on short term rentals; Chino High ribbon cutting ceremony; Concerts in the Park; Planning Commission Meeting; and the City Council Workshop on Image and Branding.

Council Member Pocock provided a reminder for Concerts in the Park and wished a happy birthday to Council Member Comstock, Linda Reich, and Community Services Commissioner Brenda Strong.

City Manager's Report.

Interim City Manager Anthony Arroyo expressed appreciation to staff and the City Council for their support during his time as Interim City Manager.

City Attorney's Report.

City Attorney Fred Galante reported on the results of Kennedy vs. Bremerton School District Supreme Court Case.

Police Chief's Report.

Police Chief Wes Simmons reported on the upcoming National Night Out scheduled for Tuesday, August 2, 2022. He announced the Chino Police Museum is open the first Thursday of the month from 10:30 a.m. – 1:30 p.m. Chief Simmons thanked the community member who reported an active catalytic converter theft.

Fire Chief's Report.

Fire Chief Dave Williams provided an update on ambulance services and recruitments.

ADJOURN
The meeting adjourned at 8:18 p.m. The next meeting of the City Council will be a Special Meeting on Tuesday, July 26, 2022 at 4:30 p.m. in these Council Chambers. The next Regular Meeting of the City Council will be held on Tuesday, September 6, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.

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CHINO CITY COUNCIL
JULY 19, 2022 9
APPROVED AND ADOPTED THIS 6TH DAY OF SEPTEMBER 2022.

EUNICE M. ULLOA, MAYOR
ATTEST:

ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)

10.2.1 Minutes Packet Pg. 24

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SPECIAL MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY JULY 26, 2022
4:30 PM

M I N U T E S

CALL TO ORDER
The July 26, 2022, Special Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:30 p.m. by Mayor Eunice Ulloa in the Council Chambers.

ROLL CALL

Present: Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Member Karen C.

Comstock, Council Member Christopher Flores, Council Member Walt Pocock.

Absent: None

FLAG SALUTE
Council Member Pocock led the assembly in reciting the Pledge of Allegiance.

AGENDA ADDITIONS/REVISIONS
City Attorney Fred Galante announced that after the posting of this agenda, staff became aware of an issue that requires immediate discussion with the City Council in Closed Session.

Pursuant to California Government Code section 54954.2(b), this item may be added to the Closed Session agenda so long that the City Council approves its addition by two-thirds vote or a unanimous vote if less than two-thirds of the council are present. If approved the Closed Session will commence following the Open Session.

Moved by Council Member Pocock, seconded by Council Member Comstock, and carried on a 5-0 roll call vote, to add Closed Session item to the agenda as follows:

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.

AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.

NOES: NONE.

ABSENT: NONE.

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JULY 26, 2022 2

PUBLIC COMMUNICATIONS
There were no requests to speak.

CONSENT CALENDAR

1. Initiate Annexation to the Lighting and Landscape District for the Medical Offices Project at 5143 D Street (PL19-0090). Adopt Resolution No. 2022-052 ordering the City Engineer to prepare and file a report for annexation of PL19-0090 to Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 92); approve the Engineer’s Report; and schedule a public hearing for September 20, 2022.

2. Public Improvement Agreement for the Medical Offices Project at 5143 D Street (PL19-0090).

Approve a Public Improvement Agreement with MKNZ, LLC for the construction of public improvements located on D and 5th Streets.

3. Reclassification and Amendment to the City's Classification and Salary Schedule. Adopt Resolution No. 2022-054 amending the City's classification and salary schedule to add the parttime job classification of Range Manager.

Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0 vote to approve Consent Calendar items 1 through 3, as presented.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

4. Civic Center Master Plan Preferred Concept and Funding Strategies. Receive a report on the Civic Center Master Plan Preferred Concept and Funding Strategies.

RECOMMENDATION: Receive a report on the Civic Center Master Plan Preferred Concept and Funding Strategies. Discuss and provide direction to staff.

Staff Report by: Vivian Castro, Deputy City Manager.

Presentation by City’s consultants Orlando Gonzalez, Associate Senior Urban Planner/Designer from Gruen Associates and Bill Lee, Senior Partner from Land Econ Group.

Mayor Ulloa invited the public to comment on this item.

Larry Saldana, Chino resident spoke in opposition to a proposed sales tax increase funding strategy.

There were no other requests to speak.

Mayor Ulloa requested the amphitheater orientation be changed from facing northwest to northeast so as to face the lawn.

Mayor Ulloa asked the consultant to adjust the schedule and move the expansion of the Carolyn Owens building from Phase 2 to Phase 1 to mitigate impacts on recreational programs and city staff.

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Council Member Comstock recalled a discussion from a previous Workshop that while the Public Works Service Yard facility would not be located within the civic center area, funding to improve it would be included as part of the proposed Civic Center Master Plan funding strategy.

Ms. Castro explained that the original scope of this project was to look at the Public Works Service Yard, assess the programmatic and operational needs of the facility and determine if those would be able to be housed at the civic center. Because there were tradeoffs with some of the facilities that could be placed at the civic center, the City Council directed staff to keep the Public Works Service Yard away from the civic center. Therefore, it will be looked at separately by the Public Works Department. It is no longer part of the Civic Center Master Plan.

Council Member Comstock asked staff to include the Public Works Service Yard as part of the funding strategy for the Civic Center Master Plan.

There was discussion regarding the funding strategies as outlined in the report. In response to questions from Council, Mr. Lee shared examples of sales tax ballot measures that passed in other cities. He explained options for structuring the sales tax measure, which include a sunset provision and oversight committee.

Council Member Comstock thanked the consultants for their efforts on this project. She stated Chino is a vibrant and growing community. The downtown is heavily used for community programs and events and improving it will serve the community for years to come. Should the City Council move forward with a sales tax ballot measure, it would be up to the voters of Chino to decide.

Council Member Pocock agreed with Mayor Ulloa’s request to change the orientation of the amphitheater to face northeast.

There was discussion about establishing an oversight committee. Mayor Ulloa recalled the oversight committee established when the voters passed the utility user tax initiative.

Mayor Pro Tem Lucio thanked the consultants for their efforts and presentation. He asked about the public outreach efforts and number of residents who were surveyed.

Ms. Castro explained that Pros Consulting handled the mailed survey. Based on Chino’s population, 400 randomly selected households received a survey in the mail. This is a representative sample of households based on Chino’s population to make the survey statistically valid. Additional public outreach efforts included in-person community events, online surveys, and community meetings.

There was general discussion about the community survey responses.

Mayor Pro Tem Lucio commented that Chino residents want a vibrant downtown. He favors a sales tax measure because it applies to everyone. Ultimately the voters will decide and if the voters approve a sales tax measure, a funding mechanism will be established to create a vibrant downtown in the City of Chino.

Council Member Flores asked about the timeline and when construction would begin on the new city hall and downtown improvements.

Mr. Gonzalez explained that full build out of the conceptual plan is approximately 30-40 years out. Construction start date is dependent on the funding strategy and development of a specific plan.

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Council Member Flores was in favor of setting a sunset clause on the sales tax measure if that goes forward. Ultimately, he stated the voters will decide.

Mayor Ulloa thanked everyone for their efforts on this project. Once the plan is finalized, the City Council will discuss the details such as a sales tax measure and implementation plan.

City Council direction:

1. Mayor Ulloa requested orientation of the amphitheater be changed from facing northwest to northeast.

2. Mayor Ulloa requested expansion of the Carolyn Owens building be moved from Phase 2 to Phase 1.

3. Council Member Comstock requested the Public Works Service Yard be included in the funding strategy for the Civic Center Master Plan.

This item was to receive a report and provide direction to staff. No vote was taken on this item.

5. Award of Contract – Chino Rancho Park – Demolition Phase Project (G8201). Award a contract in the amount of $204,971.93 to C.S. Legacy Construction, Inc., Walnut, CA for the Chino Rancho Park – Demolition Phase project.

Staff Report by: Carolyn Baltzer, Parks and Capital Projects Manager.

Moved by Council Member Comstock, seconded by Council Member Flores, and carried on a 5-0 vote to 1) award a contract in the amount of $204,971.93 to C.S. Legacy Construction, Inc., Walnut, CA for the Chino Rancho Park #G8201- Demolition Phase project; 2) authorize expenditures of up to $20,497.19 for project contingencies for a total contract not to exceed $225,469.12; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

6. Award of Contract: NC231 - Localized Asphalt Patch and Pothole Repairs at Schaefer Avenue.

Award a contract to Onyx Paving Company, Anaheim, CA, in the amount of $607,000 for Project No. NC231 - Localized Asphalt Patch And Pothole Repairs At Schaefer Avenue.

Staff Report by: Maria Fraser, CIP Engineering Manager.

Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0 vote to 1) award a construction contract in the amount of $607,000 to Onyx Paving Company, Anaheim, CA for Project No. NC231 - Localized Asphalt Patch And Pothole Repairs at Schaefer Avenue (west city limit) to Euclid Avenue (east city limit); 2) authorize a contingency amount of $60,700 bringing the total potential agreement amount to $667,700; 3) authorize expenditures of up to $60,700 for construction management and $30,350 for inspection costs; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

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JULY 26, 2022 5

CLOSED SESSION
City Attorney Fred Galante read into the record the item listed on the Closed Session agenda.

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 into Closed Session at 5:30 p.m. and concluded at 5:55 p.m. The City Council reconvened the meeting at 5:55 p.m.

REPORT OUT OF CLOSED SESSION
City Attorney Galante reported that City Council received a briefing and no further reportable action was taken.

ADJOURN
The meeting adjourned at 5:56 p.m. The next Regular Meeting of the City Council will be held on Tuesday, September 6, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 6
TH DAY OF SEPTEMBER 2022.

EUNICE M. ULLOA, MAYOR
ATTEST:

ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)

10.2.2 Minutes Packet Pg. 29
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: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ANGELA ROBLES, CITY CLERK
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 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

10.3 CONSENT CALENDAR Packet Pg. 30
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND

MEETINGS
PAGE 2

BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill 1234 (AB 1234), on January 1, 2006, the City adopted Resolution No. 2005-093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agenda 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 an event forecast, Exhibit A also includes a list of future events/trainings that Members of the Council may attend.

Attachment: Exhibit A

10.3 CONSENT CALENDAR Packet Pg. 31
ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,

TRAINING, AND MEETINGS
SEPTEMBER 6, 2022 EXHIBIT A
Event Date Meeting Purpose and
Subject Matter
Location City Official Attendees
August 12, 2022 Southern California
Water Conference
Ontario, CA Mayor Ulloa
Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and
Subject Matter
Location City Officials that may
attend
September 7 - 9, 2022 League of California
Cities Annual
Conference
Long Beach,
CA
Mayor Ulloa
Council Member Comstock
Council Member Pocock

10.3.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 32 Revenue: Expenditure: various
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES / RISK

MANAGEMENT
SUBJECT: AMENDMENT TO THE CITY'S CLASSIFICATION AND SALARY SCHEDULE.

RECOMMENDATION
Adopt Resolution No. 2022-061 amending the City's classification and salary schedule to add the position of Assistant City Manager and increase the budget for FY 2022-23 by $146,373.

FISCAL IMPACT
This recommendation requires a budget appropriation of $146,373 in Fiscal Year 2022-2023 ($117,204 in salary and $29,169 for benefits for 6 months), with future years anticipated at a fully burdened cost of $292,746 annually. There is sufficient fund balance in each fund for the additional appropriations.

10.4 CONSENT CALENDAR Packet Pg. 33
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: AMENDMENT TO THE CITY'S CLASSIFICATION AND SALARY SCHEDULE PAGE 2

BACKGROUND
The organizational structure in the City’s Administration Department lacks sufficient executive support for the Department and the office of the City Manager. To better support the needs of the City Council and the Administration Department, the creation of an Assistant City Manager position is being requested.

The City Manager’s job entails competing priorities in as much as it is the incumbent’s responsibility to meet, discuss and give direction to staff in the Administration Department inclusive of the office of the City Clerk; Public Information and Communications; and Economic Development, along with overseeing the Department Directors, and responding to critical issues as they arise from the Mayor, City Council, other officials, and the public. This regularly impedes the time available to the City Manager to be functionally productive in addressing the multitude of hands-on complex matters requiring attention.

Further, as the City continues to see rapid growth in residential and commercial developments, coupled with a significant increase in State mandates impacting municipal operations, the workload in the Administration Department likewise increases.

ISSUES/ANALYSIS
The role of an Assistant City Manager is to support the City Manager in the day-to-day administration of the City government including, but not limited to, participating in planning and executing programs and projects that will result in the City achieving the Mayor and City Council’s established goals and objectives. This position is anticipated to play an integral role in providing highly complex administrative support to the City Manager, the Mayor and City Council Members; enhancing efforts in the area of economic development; fostering cooperative relationships with civic and community groups, intergovernmental agencies, and, City staff; and representing the City Manager, as needed.

It is, therefore, recommended the City Council adopt Resolution No. 2022-061 approving the addition of the position of Assistant City Manager.

Attachment: Resolution No. 2022-061

10.4 CONSENT CALENDAR Packet Pg. 34
RESOLUTION NO. 2022-061

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CERTAIN PORTIONS OF RESOLUTION NO. 2022-044, 2022-045 AND 2022-046 OF THE CITY’S CLASSIFICATION AND SALARY SCHEDULE.

WHEREAS, the City Council of the City of Chino has the authority to create and maintain position classifications; and
WHEREAS, greater flexibility is desired to meet changing conditions and better serve general organizational needs; and
WHEREAS, the need to add the position of Assistant City Manager has been identified.

NOW, THEREFORE, BE IT RESOLVED that the following position and salary schedule changes are established:

Add:
• One (1) Full-time Assistant City Manager, Executive Management APPROVED AND ADOPTED THIS 6
th day of September, 2022.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
_____________________________

ANGELA ROBLES, CITY CLERK

CITY OF CHINO

10.4.a
Administration Department Position Addition Packet Pg. 35 RESOLUTION NO. 2021-061
PAGE 2

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF CHINO )
I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting held on the 6 th
day of September, 2022, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ANGELA ROBLES, CITY CLERK

10.4.a
Administration Department Position Addition Packet Pg. 36 Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ANGELA ROBLES, CITY CLERK
SUBJECT: AMENDMENTS TO THE CONFLICT OF INTEREST CODE.

RECOMMENDATION
Adopt Resolution No. 2022-058 amending Appendix A of Chapter 2.60 of the Chino Municipal Code relating to the requirement for City officers and employees to file Statements of Economic Interests and update the respective filing categories.

FISCAL IMPACT
There is no fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

10.5 CONSENT CALENDAR Packet Pg. 37
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: AMENDMENTS TO THE CONFLICT OF INTEREST CODE
PAGE 2

BACKGROUND
Section 87300 of the California Government Code requires cities to adopt and implement a Conflict of Interest Code. Conflict of Interest Codes require public officials and designated employees who participate in financial decisions to file Statements of Economic Interest.

Disclosure categories include investments, business positions, interests in real property, and sources of income.

Chapter 2.60 of the Chino Municipal Code constitutes the Conflict of Interest Code for the City of Chino. Appendix "A" of this Chapter lists designated employee positions and their corresponding disclosure categories. The City is required to update Appendix "A" if there are changes in employee classifications and/or changes in the disclosure categories required for specific positions. Accordingly, Appendix "A" has been updated to include employee classification changes and new classifications that have been adopted since the last update.

The Mayor, Council Members, Planning Commissioners, City Manager, City Attorney, and City Treasurer are not listed in Appendix "A" as they are automatically required to file annual Statements of Economic Interests pursuant to Government Code Section 87200.

ISSUES/ANALYSIS
The following position titles were either added, changed, or removed since the last update in 2020. Therefore, staff recommends the City Council adopt Resolution No. 2022-058, incorporating the following changes to the list of Designated Positions:

Administration
-Assistant City Manager (added)
-Assistant to the City Manager (changed)
Community Services
-Parks & Capital Projects Manager (changed)
Development Services
-City Traffic Engineer (added)
Finance
-Buyer (removed)
Human Resources
-Human Resources and Risk Analyst (changed)
-Senior Human Resources and Risk Analyst (changed)
Public Works
-Utilities Engineer & Operations Manager (added)
-Capital Improvement Projects Engineering Manager (changed) Police Department
-Senior Management Analyst (changed)
Attachment: Resolution No. 2022-058

10.5 CONSENT CALENDAR Packet Pg. 38
RESOLUTION NO. 2022-058

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING RESOLUTION NO. 2020-079, APPENDIX "A" OF CHAPTER 2.60 OF

THE CHINO MUNICIPAL CODE (CONFLICT OF INTEREST CODE)
WHEREAS, Pursuant to Section 2.60.030 of the Chino Municipal Code, persons holding positions in Appendix "A" are designated employees. It has been determined that these persons make or participate in the making of decisions that may foreseeably have a material effect on financial interests. Pursuant to Section 2.60.050, all designated employees must file Statements of Economic Interests with the City of Chino.

WHEREAS, this Resolution shall amend and supersede the employees designated pursuant to Resolution No. 2020-079.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HEREBY RESOLVES AS FOLLOWS:

Appendix "A" of Chapter 2.60 of the Chino Municipal Code (Conflict of Interest Code) shall be amended to read as follows:

APPENDIX A
Designated Positions Disclosure Category
Administration
Assistant City Manager.......................................................................1, 2, 3, 4, 5 Assistant to the City Manager.............................................................1, 2, 3, 5 City Clerk ............................................................................................1, 2, 3, 5 Deputy City Manager..........................................................................1, 2, 3, 5 Economic Development Manager.......................................................2, 3, 4 Management Analyst..........................................................................1, 2, 5 Development Services
Accessibility Coordinator ...................................................................2, 3, 4 City Engineer......................................................................................1, 2, 3, 4, 5 City Planner........................................................................................1, 2, 3, 4, 5 City Traffic Engineer…………………………………….........……….… 5
Civil Engineering Manager..................................................................1, 2, 4, 5 Deputy Director of Development Services ........................................1, 2, 3, 4, 5 Director of Development Services ......................................................1, 2, 3, 4, 5 Management Analyst..........................................................................1, 2, 5 Principal Planner.................................................................................2, 3, 4 Senior Management Analyst...............................................................1, 2, 5 Senior Planner....................................................................................2, 3, 4 Supervising Building Inspector............................................................2, 3, 4 Supervising Code Compliance Inspector............................................2, 3, 4 Community Services
Community Services Manager............................................................1, 2, 5 Deputy Director of Community Services .............................................1, 2, 3, 4, 5 Director of Community Services .........................................................1, 2, 3, 4, 5 Management Analyst..........................................................................1, 2, 5 Parks and Capital Projects Manager...................................................1, 2, 3, 4, 5 Projects Manager................................................................................1, 2, 3, 4, 5

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Amendments to Conflict of Interest Code Packet Pg. 39
RESOLUTION NO. 2022-058
PAGE 2
Finance
Billing Manager …………………………………… ...............................1, 2, 3, 5 Buyer ..……………………………………………………………………. 5
Budget Coordinator ............................................................................1, 2, 4, 5 Director of Finance .............................................................................1, 2, 3, 4, 5 Fiscal Services Manager …………………………………………..........1, 2, 3, 5 Management Analyst..........................................................................1, 2, 5 Purchasing Manager...........................................................................5 Human Resources
Director of Human Resources/Risk Management...............................1, 2, 3, 4, 5 Human Resources Analyst… ……………………………………3
Human Resources & Risk Analyst………………………………………3
Information Technology Manager .......................................................1, 2, 3, 5 Senior Human Resources Analyst......................................................1, 2, 3, 5 Senior Human Resources & Risk Analyst...........................................1, 2, 3, 5 Senior Management Analyst...............................................................1, 2, 3, 5 Police
Administrative Services Manager .......................................................1, 2, 4, 5 Captain ...............................................................................................1, 2, 3, 5 Chief of Police.....................................................................................1, 2, 3, 4, 5 Facility Coordinator……………………………….........………………... 3, 5 Lieutenant...........................................................................................1, 2, 3, 5 Management Analyst..........................................................................1, 2, 5 Senior Management Analyst...............................................................1, 2, 5 Public Works
Assistant Public Works Services Manager……………………............. 3, 5 Capital Improvement Projects Engineering Manager..........................1, 2, 4, 5 Civil Engineering Manager..................................................................1, 2, 4, 5 Director of Public Works .....................................................................1, 2, 3, 4, 5 Management Analyst..........................................................................1, 2, 5 Public Works Project Manager……..........……………………………...1, 2, 4, 5 Public Works Services Manager.........................................................1, 2, 4, 5 Utilities Engineer & Operations Manager ……………………………... 1, 2, 4, 5 Water and Environmental Manager ....................................................1, 2, 3, 4, 5 Commissions
Community Services Commission ......................................................1, 2, 4, 5 Mobile Home Rent Stabilization Commission .....................................1, 2, 4, 5 Description of Categories:

Category 1:
• Investments and business positions in, and sources of income from, business entities that do business or own real property within jurisdiction of the City of Chino, plan to do business or own real property within the jurisdiction of the City of Chino within the next year, or have

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Amendments to Conflict of Interest Code Packet Pg. 40
RESOLUTION NO. 2022-058
PAGE 3
done business or owned real property within the jurisdiction of the City of Chino within the past two years.

Category 2:
• Interests in real property within two miles of the City of Chino or any land owned within the jurisdiction of the City of Chino.

Category 3:
• Investments and business positions in, and sources of income from, business entities subject to the regulatory, permit or licensing authority of the designated employee’s department.

Category 4:
• Investments and business positions in, and sources of income from, business entities which engage in land development, construction or the acquisition or sale of real property within the jurisdiction of the City of Chino, within the next year, or have engaged in such activities within the jurisdiction of the City of Chino within the past two years.

Category 5:
• Investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City of Chino.

Consultants
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

With respect to consultants, the City Manager shall determine, in writing, if a particular consultant performs a range of duties requiring disclosure hereunder. This determination shall include a description of the consultant's duties and a statement of the extent of disclosure requirements. A copy of this determination shall be filed with the City Clerk.

NOTE: The City Council, City Manager, City Attorney, City Treasurer and Planning Commissioners are required to submit disclosure statements pursuant to State law (California Government Code Section 87200, et. seq.), not this Code.

ADOPTED THIS 6
th DAY OF SEPTEMBER, 2022.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
____________________________

ANGELA ROBLES, CITY CLERK

10.5.a
Amendments to Conflict of Interest Code Packet Pg. 41
RESOLUTION NO. 2022-058
PAGE 4

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )§

CITY OF CHINO )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting held on the 6 th day of September 2022,
by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
________________________________

ANGELA ROBLES, CITY CLERK

10.5.a
Amendments to Conflict of Interest Code Packet Pg. 42
Revenue: Expenditure: 5207300-43510
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT: JOINT DEFENSE AGREEMENT AND AGREEMENT WITH COLANTUONO HIGHSMITH & WHATLEY, PC.

RECOMMENDATION
1) Appropriate $93,000 from the unappropriated reserves of the Water Fund; 2) approve a Joint Defense Agreement with the City of Ontario, Monte Vista Water District, and Monte Vista Irrigation Company; 3) approve an agreement with Colantuono Highsmith & Whatley, PC., in an amount not to exceed $93,000; and 3) authorize the Mayor to execute all documents on behalf of the City.

FISCAL IMPACT
Requires an appropriation of $93,000 from the Water Fund 520. There is sufficient fund balance in the Water Fund 520 reserves.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships

10.6 CONSENT CALENDAR Packet Pg. 43
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: JOINT DEFENSE AGREEMENT AND AGREEMENT WITH COLANTUONO

HIGHSMITH & WHATLEY, PC
PAGE 2

BACKGROUND
As a part of the existing litigation with the Chino Basin Municipal Water District, on April 22, 2022, Judge Reichert made an order that binds the City of Chino to an agreement obligating it to pay the legal fees of the Agricultural Pool despite the fact that the Chino City Council did not approve the agreement and that the City of Chino objected to the agreement. The agreement also was objected to by the City of Ontario, the Monte Vista Water District and the Monte Vista Irrigation Company. These parties all filed notices appealing Judge Reichert's order (the Appeal").

ISSUES/ANALYSIS
The City of Chino retained the law firm of Colantuono, Highsmith & Whatley, PC (“CHW”) to represent it on the Appeal. Then-Interim City Manager Anthony Arroyo signed a retainer agreement on June 9, 2022 to assure the prosecution of the appeal within the narrow time limit following Judge Reichert's order.

However, the City Manager's execution of the agreement limits the City's obligation for fees to CHW to $50,000. Since the Appeal is likely to exceed the City Manager's authorized expenditure limit under the Chino Municipal Code, it is necessary for the City Council to approve an agreement to assure that City staff has the requisite authority to make payment to CHW in excess of $50,000. Therefore, based on current estimated costs to prosecute the Appeal, it is recommended that the City Council approve an agreement with CHW in an amount not to exceed $93,000 for Fiscal Year 2022-2023.

As a supplement to an agreement with CHW, the City of Chino’s defense strategy also entails a Joint Defense Agreement with the City of Ontario, the Monte Vista Water District, and the Monte Vista Irrigation District. Executing this agreement will allow the City of Chino’s legal counsel to share information with the aforementioned parties without having to provide the same material to adversaries in the Appeal.

In considering that the Joint Defense Agreement and proposed CHW agreement are mutually reinforcing and beneficial to the City’s defense strategy, it is recommended that the City Council approve and execute both agreements.

Attachments: CHW Agreement
Joint Defense Agreement

10.6 CONSENT CALENDAR Packet Pg. 44

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COMMON INTEREST AND CONFIDENTIALITY AGREEMENT, DISCLAIMER AND

PROSPECTIVE CONFLICT WAIVER
This Common Interest and Confidentiality Agreement, Disclaimer, and Prospective Conflict Waiver (“Agreement”) is entered into by the following parties, each of whom are also referred to in this Agreement as a “Party,” and collectively as the “Parties:”  The City of Chino (“Chino”);
 The City of Ontario (“Ontario”);
 The Monte Vista Water District (“District”); and
 The Monte Vista Irrigation Company (“Company”).

This Agreement is further entered into by the following counsel for the Parties (collectively, “Counsel”):
 Colantuono Highsmith & Whatley, PC (“CHW”);
 Jimmy L. Gutierrez Law Corporation (“JLG”);
 Nossaman LLP (“Nossaman”); and
 Kidman Gagen Law LLP (“Kidman Gagen”).

RECITALS

1. City of Chino is represented by JLG and CHW on the Appeal (defined below). City of Ontario is represented by Nossaman on the Appeal. Monte Vista Water District and Monte Vista Irrigation Company are also represented by Nossaman and by Kidman Gagen Law LLP in connection with the Appeal. These existing attorney-client relationships are denominated the “Established Relationships” in this Agreement. An attorney or firm is referred to as “Established Counsel” only with respect to a Party that he, she, or it represents as specifically set forth above.

An attorney or firm is referred to as “Collaborative Counsel” with respect to a Party that he, she, or it does not represent.

2. The Parties are all denominated “defendants” in an action adjudicating water rights in the Chino Basin (“Basin”) currently pending in San Bernardino County Superior Court and styled Chino Basin Municipal Water District v. City of Chino, et al. (SBSC No. RCV RS 51010) (the “Chino Basin Adjudication,” referring to the trial court proceedings). The matter was originally filed in January 1975 and judgment entered January 27, 1978 (the “Judgment”). The Judgment imposes a physical solution, establishes three “pools” of users (collectively, the “Pools”), and establishes a watermaster for the Basin (the “Watermaster”). The Parties are members of the Appropriative Pool.

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3. Certain parties entered into the Peace Agreement, dated June 29, 2000 (“Peace Agreement”). Section 5.4(a) of the Peace Agreement makes members of the Appropriative Pool responsible for payment of certain expenses of the Overlying Agricultural Pool (“Ag Pool”).

4. The Appeal (defined below), which is the subject of this Agreement, concerns a dispute regarding the meaning and interpretation of the Peace Agreement and Section 5.4(a) in particular. On January 4, 2022 Chino filed a motion, joined by Ontario, District and Company, seeking reimbursement of certain disputed legal expenses of the Ag Pool (“Motion”), which the trial court ultimately denied.

5. On March 24, 2022, the Appropriative Pool and the Ag Pool filed a joint statement and Terms of Agreement (“TOA”) purportedly settling the dispute that was the subject of the Motion. The Appropriative Pool and the Ag Pool entered the purported settlement even though the Appropriative Pool was not a party to the Motion and the Parties did not consent to or agree with the majority of the Appropriative Pool’s “settlement” of their claim.

6. On April 22, 2022, the Superior Court entered an Order denying the Motion, relying primarily on the TOA (the “Order”).

7. The Parties have each appealed the Order (the “Appeal”). Ontario filed a Notice of Appeal on May 20, 2022. Chino filed a Notice of Cross-Appeal on June 10, 2022. The District and Company filed a Notice of Appeal on June 17, 2022. The Appeal is pending in the Fourth District Court of Appeal, Division Two, Case No. E079052.

8. The Parties are not adverse to each other as to the Appeal. They share common interest for reversal of the Order. It is in their mutual interest and consistent with law to cooperate with each other to the extent the law permits to preserve, protect, and advance their common interests in the Appeal.

9. The Parties also wish to preserve, to the maximum extent possible, any attorney-client communication privilege, work-product privilege, and other evidentiary privilege and/or immunity that each may respectively have, and to provide for the sharing with each other of information relevant to their common interests without waiving any such privilege or immunity.

10. The Parties intend that any sharing and exchange of information pursuant to this Agreement will not constitute nor be construed as a waiver of any protection afforded by the work-product doctrine, the attorney-client privilege, the joint-prosecution privilege, the common interest doctrine and/or any other privilege or doctrine.

11. The Parties and Counsel further intend to disclaim the formation of new attorneyclient relationships between or among one or more Counsel and one or more Parties, other than the Established Relationships.

12. Finally, the Parties and Counsel further intend, knowingly and with informed consent, to waive any present and prospective conflicts of interest deemed to arise from any exchange of information pursuant to this Agreement. This waiver is supplemental to the intended disclaimer as set forth in Paragraph 11. and is intended to have the same protective effect.

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SCOPE
The scope of this Agreement is limited to the sharing and exchange of information (including, without limitation, data, analysis, evidence, factual research, legal research, strategic decisions, written work product, notes, drafts, and comments) between or among Counsel and/or Parties pertaining to prosecution of the Appeal. For purposes of defining this scope, the Appeal shall be understood to mean prosecution of the Appeal and any matter addressing the Appeal in the California Supreme Court on review or in the Superior Court on remand.

TERMS
Pursuant to the foregoing recitals, Parties and Counsel consider that communications between and/or among them on matters of common concern are essential to the efficient and effective representation of the Parties in the Appeal. In furtherance of this collaboration and communication, the Parties and Counsel agree as follows:

I. COMMON INTEREST
The Parties have determined and agree that collaborative prosecution of the Appeal, combining the knowledge and skill of all Counsel to present a coordinated appellate briefing for the Court of Appeal, is in all their interests.

II. CONFIDENTIALITY AND NONDISCLOSURE
This Agreement creates a duty of confidentiality among the Parties and Counsel with respect to any and all information including, without limitation, data, analysis, evidence, factual research, legal research, strategic decisions, written work-product, notes, drafts, and comments and other matters that may be shared or exchanged between or among Counsel and/or Parties pertaining to prosecution of the Appeal (collectively the “Appeal Information”).

A. DUTY OF NONDISCLOSURE. The Appeal Information is deemed to be confidential and shall not be disclosed by any Party or Counsel to other entities or individuals except as set forth herein or as otherwise specifically permitted in writing by the disclosing Party. Consonant with this duty, each of the Parties and Counsel shall resist compelled disclosure of the Appeal Information through the invocation of applicable privileges, including but not limited to the underlying attorney-client privilege and the privilege accorded to an attorney’s work-product, as well as the application of the common-interest doctrine to avoid waiver of those privileges to the extent they have been disclosed among Parties and Counsel. The disclosing Party or Counsel may request additional restrictions on the use or disclosure of the Appeal Information by communicating such additional restrictions at the time of disclosure, in a written communication accompanying such Appeal Information, but additional restrictions shall be enforceable and incorporated into this Agreement only if agreed to by the receiving Party.

B. PRESUMPTION OF COMMON INTEREST AND NECESSITY. Sharing the Appeal Information among the Parties and Counsel shall be presumed to be undertaken in

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furtherance of the Parties’ collaboration to prosecute the Appeal. Therefore, the Parties and Counsel agree that disclosures among themselves are understood to be “those to whom disclosure is reasonably necessary for … the accomplishment of the purpose for which [Counsel] is consulted,” within the meaning of California Evidence Code section 952.

C. REQUIRED DISCLOSURES. The foregoing notwithstanding, nothing in this Agreement is intended or shall be construed to prohibit a Party from making a legally required disclosure (e.g., Public Records Act request, subpoena), to the extent such disclosure is deemed necessary or appropriate by a Party. In the event a Party determines disclosure is legally required and necessary or appropriate, the Party intending to disclose shall notify the Part(ies) and Counsel that provided the Appeal Information subject to disclosure of such intention to disclose not less than fifteen (15) days in advance of such disclosure, but the Party intending to disclose shall not be required to obtain the consent of the other Party prior to making such disclosure.

D. VOLUNTARY SHARING OF APPEAL INFORMATION. The Parties and Counsel recognize the rights of each Party to undertake separate investigative efforts, legal research, and other actions with respect to the Appeal. Each Party and Counsel reserves the right to determine for itself the Appeal Information it can and will voluntarily share with the other Parties and Counsel. This Agreement creates no obligation to share any information. Established Counsel are still obliged, and Parties may still require their respective Established Counsel, to maintain their secrets and confidences pursuant California Rule of Professional Conduct 1.6 and California Business & Professions Code section 6068(e)(1).

E. EXCLUDED INFORMATION. This Agreement does not apply to, and Appeal Information Common shall not include: (i) information that is now or hereafter becomes public knowledge without violation of this Agreement; (ii) information that is sought and obtained from sources other than a Party to this Agreement; and (iii) information that is sought and obtained from Parties pursuant to applicable discovery and records request procedures and not otherwise protected from disclosure.

F. NO REPRESENTATION/WARRANTY AS TO APPEAL INFORMATION. Each Party and Counsel acknowledges that the other Parties and Counsel make no representations or warranties (express or implied) as to the accuracy or completeness of any information or analysis, whether factual or legal, of any type, exchanged pursuant to this Agreement.

III. NO FORMATION OF NEW ATTORNEY-CLIENT RELATIONSHIPS
By this Agreement, the Parties and Counsel do not intend to form any new attorney-client relationships. The extent of the attorney-client relationships with respect to the Appeal shall remain the Established Relationships as set forth in Paragraph 1. above. Counsel provide their services in support of the Appeal at the behest of their own clients in the Established

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Relationships, and not as a service — either compensable or gratuitous — to other Parties. This Section III. of the Agreement may be referred to herein as the “Disclaimer.” A. INDEPENDENT ADVICE OF ESTABLISHED COUNSEL. The Parties hereby acknowledge their Established Counsel have counseled them regarding this Agreement generally, and the Disclaimer specifically.

B. NO FORMATION OF ATTORNEY-CLIENT RELATIONSHIPS THROUGH WORK ON THE APPEAL. Notwithstanding their combined efforts in furtherance of the common goal of the Parties in connection with the Appeal, no Counsel shall be deemed to hold an attorney’s duties to a client as to other Parties (i.e., outside of the Established Relationships), specifically including, but not limited to, the duty of undivided loyalty to the client, the duty to exercise independent judgment on the client’s behalf, the duty to communicate with the client, or any other ethical, professional, or fiduciary duties regardless of their source in law.

IV. CONFLICT WAIVER BY PARTIES
As a supplement to Section III., and to avoid uncertainty and expense, the Parties also prospectively waive conflicts with respect to Collaborative Counsel that might arise from any new attorney-client relationship created by sharing or exchanging the Appeal Information within the scope of this Agreement, notwithstanding the Parties disclaimer of that relationship. This Section IV. of the Agreement is referred to herein as the “Conflict Waiver.” A. CONFLICT WAIVER IS SUPPLEMENTAL TO THE DISCLAIMER OF ATTORNEY-CLIENT RELATIONSHIPS. To the extent the Disclaimer is deemed to be ineffective or otherwise inadequate, the Parties hereby expressly waive any conflicts which might arise from any new attorney-client relationship deemed to arise despite the Disclaimer. The Conflict Waiver is intended to provide supplemental and redundant protection to Parties and Counsel which is functionally consistent with the protection of the Disclaimer of new attorney-client relationships in Section III.

B. NO CONFLICTS. The Parties understand and agree that Collaborative Counsel represent clients with interests and in matters that are or may become materially adverse to the interests of a Party or Parties. Nonetheless, the Parties hereby expressly disclaim the prospective existence of disqualifying conflicts as to Collaborative Counsel with respect to: (1) work on the Appeal; (2) work on the Chino Basin Adjudication matter apart from the Appeal; and (3) other matters regardless of whether there is an underlying similarity of law or facts to the Appeal or the Chino Basin Adjudication, but only to the extent any such conflicts arise from voluntary sharing or exchanging Appeal Information within the Agreement’s scope (hereinafter, the “Disclaimed and/or Waived Conflicts”). This disclaimer of conflicts references the California Rules of Professional Conduct, specifically Rule 1.7.

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C. NO FUTURE MOTIONS FOR JUDICIAL DISQUALIFICATION. It is the Parties’ and Counsel’s further intent that this Agreement effectively precludes prospective motions by a Party to disqualify Collaborative Counsel on the basis of voluntary sharing or exchanging of the Appeal Information within the Agreement’s scope.

Therefore, the Parties and Counsel agree that they will not file, or force other Parties or Counsel to defend, disqualification motions based on the Disclaimed and/or Waived Conflicts.

D. ASSISTANCE IN OPPOSING MOTIONS FOR DISQUALIFICATION BY THIRD PARTIES.

The Parties and Counsel further agree that they will submit a written statement of opposition to any third party’s motion to disqualify Collaborative Counsel based on a Disclaimed and/or Waived Conflict. Such a statement will consist of a declaration under California Code of Civil Procedure section 2015.5 executed by Parties and/or Counsel that they understood that the work on the Appeal did not create an attorney-client relationship (pursuant to Section III.), and that they also prospectively waived conflicts which would arise from any such relationship (pursuant to this Section IV.), and shall attach a copy of this Agreement. Further efforts in assistance of opposition to a motion by third parties beyond this statement are subject to the negotiation and mutual agreement of the Parties and Counsel, and are not required by the terms of this Agreement.

E. INDEPENDENT ADVICE FROM ESTABLISHED COUNSEL. The Parties hereby acknowledge that their respective Established Counsel has counseled them regarding the Agreement generally, and this Conflict Waiver specifically.

1. INFORMED CONSENT PROVIDED BY ESTABLISHED COUNSEL. The Parties and Counsel each hereby warrant and affirm that the Parties’ agreement to waive prospective conflicts under this Section IV. is undertaken after consultation with their respective Established Counsel and with informed consent as to the breadth of the waived conflicts (i.e., a waiver of all conflicts which potentially arise from collaborative work done under the scope of this Agreement, as more specifically set forth in Section IV.B) and the temporal scope of the waiver (i.e., including both present and prospective conflicts).

2. WAIVER BY SOPHISTICATED PARTIES. The Parties each further warrant and affirm that each is a sophisticated consumers of legal services. This sophistication includes an understanding of the duties an attorney owes a client, the potential for conflicts in those duties, and the remedies available to clients. The Agreement and its Disclaimer and Conflict Waiver are executed in light of this knowledge and experience.

F. PARTIES INTEND WAIVER TO BE RELIED UPON. The Conflict Waiver discussed in this Section of the Agreement is a material inducement to enter the Agreement and all Parties and Counsel may rely upon it. The Parties affirm that the Waiver shall operate as a promise and provide consideration upon which other Parties and Counsel rely when sharing Appeal Information under this Agreement.

10.6.b
Joint Defense and Appellate Counsel Agreement Packet Pg. 55

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60597114.v1
Therefore, by executing this Agreement and separately and independently by signing below, the Parties hereby voluntarily and of their free will consent and agree to the terms of the present and advance conflict waivers set forth in Parts D. and E. above:

CITY OF CHINO,
Name: ______________________
Title: Mayor

____________________________________
Eunice Ulloa

CITY OF ONTARIO,
Name: ______________________
Title: Utilities General Manager

____________________________________
Scott Burton, P.E.

MONTE VISTA WATER

DISTRICT,
Name: ______________________
Title: General Manager

____________________________________
Justin Scott-Coe, Ph.D.

MONTE VISTA IRRIGATION

COMPANY,
Name: ______________________
Title: Manager

____________________________________
Justin Scott-Coe, PH.D.

V. GENERAL PROVISIONS

1. REMEDIES.

Each Party agrees that no claim for damages will arise by reason of any alleged breach of this Agreement. The only remedy for breach of this Agreement will be that the aggrieved Party may seek injunctive or other equitable relief to prevent the use or disclosure of Appeal Information in breach of this Agreement.

2. NO THIRD-PARTY RIGHTS
This Agreement creates no rights in any person or entity not a party to this Agreement.

10.6.b
Joint Defense and Appellate Counsel Agreement Packet Pg. 56

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60597114.v1

3. AMENDMENT
Other parties may be added only with the unanimous written consent of the Parties, except that no consent will be required for successors or assigns of any Party or counsel to any Party (or its successors or assigns) which Party has previously signed this Agreement. Any person desiring to be a party to this Agreement, including any successors or assigns or counsel, must sign this Agreement.

4. SEVERABILITY
a. To the extent that any provision of this Agreement is inconsistent with any final order entered by a court or arbitrator in the Appeal or the Chino Basin Adjudication, the inconsistent provision will be interpreted so as not to conflict with the order, or, if such interpretation is not possible, the inconsistent provision of this Agreement will be void. b. If any provision of this Agreement should be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of the remaining provisions will not be affected or impaired.

5. EXECUTION AND COUNTERPARTS
Each signatory to this Agreement hereby represents and warrants that he or she has full authority to enter into and to execute this Agreement on behalf of the Party for which he or she signs. This Agreement may be executed in any number of counterparts and by different Parties and/or Counsel on separate counterparts, each of which counterpart, when executed and delivered, will be deemed to be an original and all of which counterparts, taken together, will constitute one and the same agreement. Signatures may be given by electronic means with the same force as wet-ink originals.

6. NOTICES
Under this Agreement, notices shall be sent via e-mail as follows:

CITY OF CHINO
Michael D. Campion
Colantuono, Highsmith & Whatley
790 East Colorado Boulevard, Suite 850
Pasadena, California 91101
[email protected]

Jimmy L. Gutierrez
Jimmy L. Gutierrez Law Corporation
12616 Central Avenue
Chino, California 91710
[email protected]

10.6.b
Joint Defense and Appellate Counsel Agreement Packet Pg. 57

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60597114.v1

CITY OF ONTARIO
Frederic Fudacz
Jennifer Meeker
Gina R. Nicholls
Nossaman LLP
777 South Figueroa Street, 34th Floor
Los Angeles, California 90017
[email protected]
[email protected]
[email protected]

MONTE VISTA WATER DISTRICT
Frederic Fudacz
Jennifer Meeker
Gina R. Nicholls
Nossaman LLP
777 South Figueroa Street, 34th Floor
Los Angeles, California 90017
[email protected]
[email protected]
[email protected]

Andrew Brian Gagen
Kidman Gagen Law LLP
8 Corporate Park, Suite 300
Irvine, California 92606
[email protected]

MONTE VISTA IRRIGATION COMPANY
Frederic Fudacz
Jennifer Meeker
Gina R. Nicholls
Nossaman LLP
777 South Figueroa Street, 34th Floor
Los Angeles, California 90017
[email protected]
[email protected]
[email protected]
Andrew Brian Gagen
Kidman Gagen Law LLP
8 Corporate Park, Suite 300
Irvine, California 92606
[email protected]

7. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.

8. EFFECTIVE DATE
This Agreement will be effective as to each Party as of the date each of them signs it and will be binding against all successors and assigns of any Party with regard to Appeal Information received by an assignee or successor.

10.6.b
Joint Defense and Appellate Counsel Agreement Packet Pg. 58

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9. ENTIRE AGREEMENT
This Agreement is sets forth the entire agreement of the Parties with regard to its subject.

There are no other agreements or understandings with regard to the subject matter of this Agreement except as is expressly set forth in this Agreement. Any prior or contemporaneous agreement with regard to the subject matter of this Agreement is superseded by this Agreement.

This Agreement will apply to any Appeal Information previously exchanged between the Parties.

DATED: September 6, 2022 CITY OF CHINO,
By: ____________________________________
Name: Eunice Ulloa
Title: Mayor
DATED: August ___, 2022 CITY OF ONTARIO,
By: ____________________________________
Name: Scott Burton, P.E.

Title: Utilities General Manager
DATED: August ___, 2022 MONTE VISTA WATER DISTRICT,
By: ____________________________________
Name: Justin Scott-Coe, Ph.D.

Title: General Manager
DATED: August ___, 2022 MONTE VISTA IRRIGATION COMPANY, By: ____________________________________
Name: Justin Scott-Coe, Ph.D.

Title: Manager

10.6.b
Joint Defense and Appellate Counsel Agreement Packet Pg. 59

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60597114.v1

CITY OF CHINO
DATED: August ___, 2022
_______________________
______________________________________
MICHAEL D. CAMPION
Colantuono, Highsmith & Whatley
790 East Colorado Boulevard, Suite 850
Pasadena, California 91101
[email protected]
DATED: August ___, 2022
_______________________
______________________________________
JIMMY L. GUTIERREZ
Jimmy L. Gutierrez Law Corporation
12616 Central Avenue
Chino, California 91710
[email protected]

CITY OF ONTARIO
DATED: August 3, 2022
_______________________
______________________________________
GINA R. NICHOLLS
Nossaman LLP
777 South Figueroa Street, 34th Floor
Los Angeles, California 90017
[email protected]
3 10.6.b
Joint Defense and Appellate Counsel Agreement Packet Pg. 60

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MONTE VISTA WATER DISTRICT AND MONTE VISTA IRRIGATION COMPANY DATED: August 3, 2022
_______________________
______________________________________
GINA R. NICHOLLS
Nossaman LLP
777 South Figueroa Street, 34th Floor
Los Angeles, California 90017
[email protected]
DATED: August ___, 2022
_______________________
______________________________________

ANDREW BRIAN GAGEN
Kidman Gagen Law LLP
8 Corporate Park, Suite 300
Irvine, California 92606
[email protected]
3 10.6.b
Joint Defense and Appellate Counsel Agreement Packet Pg. 61 Revenue: Expenditure: 6508310-40005-N8074
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: VIVIAN CASTRO, DEPUTY CITY MANAGER
SUBJECT: THIRD AMENDMENT TO CONTRACT WITH GRUEN ASSOCIATES FOR CIVIC CENTER MASTER PLAN.

RECOMMENDATION
1) Approve the third amendment to the contract with Gruen Associates for Civic Center Master Plan services (2020-178), expanding the scope of services and increasing the amount of the agreement by $54,759, for a total contract amount of $342,452; 2) extend the term of the agreement through December 31, 2022; 3) appropriate $54,759 from unappropriated Building Mgmt Fund; 4) increase the vendor cap for Gruen Associates by $54,759 for a total not-toexceed amount of $342,452; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Requires an additional appropriation of $54,759 from the Building Management Fund 650.

There are sufficient reserves in Fund 650.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendations 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
• Superior Customer Service
• Responsible Long-Range Planning
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships • Effective Technology

10.7 CONSENT CALENDAR Packet Pg. 62
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: THIRD AMENDMENT TO CONTRACT WITH GRUEN ASSOCIATES FOR CIVIC

CENTER MASTER PLAN
PAGE 2

BACKGROUND
The City of Chino currently has a professional services agreement with Gruen Associates for services relating to the development of a Civic Center Master Plan. The original agreement was approved by the City Council on December 17, 2019, for an amount of $262,693 through August 30, 2020. A First Amendment changing the Consultant representatives and personnel, and extending the term of the Agreement to August 30, 2021, became effective August 31, 2020. A Second Amendment was approved on July 6, 2021, increasing the contract by $25,000 to incorporate a statistically valid mail-in survey and extending the term of the Agreement to June 30, 2022.

ISSUES/ANALYSIS
Given the disruptions caused by the coronavirus pandemic, the City paused components of the project to ensure adequate public outreach and stakeholder engagement, as well as the incorporation of feedback on the facilities into the proposed conceptual project designs. After the approval of the Second Amendment, there were delays in executing the mail-in survey and scheduling meetings, which resulted in an extension of the term of the agreement. Throughout this prolonged period, the consultant experienced significant increases in labor rates, insurance, and rent, among other costs. The protracted timeline also necessitated additional communications and meetings, including project team, Technical Advisory Committee, and City Council meetings and preparation, with 27 additional meetings beyond those initially anticipated.

At the City’s request, the consultant provided additional revisions and options that involved more conceptual project redesigns than initially considered. Additional documentation, new site plan views, and a cost estimate for the Final Master Plan were requested as well. This extra work, plus the cost escalation, amounts to $54,759 more than anticipated in the most recent amendment.

Staff recommends an additional appropriation and approval of a Third Amendment to the Gruen Associates agreement to incorporate the additional project scope and costs to accommodate the expanded scope and pandemic-related project elongation and cost increases during the extended project period, and to extend the term of the agreement through December 31, 2022.

Attachment: Third Amendment to Gruen Agreement
Gruen & Associates Letter

10.7 CONSENT CALENDAR Packet Pg. 63
Project Name/No.: Civic Center Master Plan Contract No.: 2020-178 Project Manager: Vivian Castro Approved: ______________ AMENDMENT NO. 3

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”), and Gruen Associates, Inc., a California Partnership (“Consultant”) is effective as of the 6th day of September 2022.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated, December 18, 2020 (“Agreement”) whereby Consultant agreed to provide consulting services.

B. City and Consultant executed Amendment No. 1 on August 31, 2020, to update the Representatives and Personnel of Consultant and extend the Term to August 30, 2021.

C. City and Consultant executed Amendment No. 2 on July 6, 2021, to add an additional scope of services to include a statistically valid mail survey, to increase the total compensation by $25,000 to equal a total not-to-exceed amount of $287,693.00, and to extend the Term to June 30, 2022.

D. City and Consultant now desire to amend the agreement to expand the scope of services to include a more detailed cost estimate for the Final Master Plan; increase the number of project meetings and related tasks; increase the compensation rate to account for the increases in consultant salaries and other operational expenses due to the extension of the project schedule beyond the original deadline of August 2020 as a result of the COVID-19 pandemic; increase the total compensation by $54,759 to equal a total not-to-exceed amount of $342,452; and extend the Term to December 30, 2022.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. a) The Scope of Services, at Exhibit “A” shall be amended to provide a more detailed cost estimate for the Final Master Plan and increase the number of project meetings and related tasks as specified in Attachment 1.
b) Delete Section 2.1 Contract Sum in its entirety and replace with the following:

2.1 Contract Sum.

10.7.a
Third Amendment to Contract with Gruen Associates for Packet Pg. 64 - 2 -
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total
compensation, including reimbursement for actual expenses, shall not exceed Three Hundred Forty-Two Thousand Four
Hundred Fifty-Two Dollars and Zero Cents ($342,452.00)
(the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
c) Delete Section 3.4 Term in its entirety and replace with the following:

3.4 Term.

Unless earlier terminated in accordance with Article
7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than December 30, 2022, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

10.7.a
Third Amendment to Contract with Gruen Associates for Packet Pg. 65 - 3 -

5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]

10.7.a
Third Amendment to Contract with Gruen Associates for Packet Pg. 66 - 4 -
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:

Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Vivian Castro, Deputy City Manager CONSULTANT:

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

10.7.a
Third Amendment to Contract with Gruen Associates for Packet Pg. 67

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

10.7.a
Third Amendment to Contract with Gruen Associates for Packet Pg. 68

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

10.7.a
Third Amendment to Contract with Gruen Associates for Packet Pg. 69 MICHAEL A. ENOMOTO, FAIA
LARRY SCHLOSSBERG, AIA, AICP, LEED AP BD+C

DEBRA GEROD, FAIA, LEED AP

ASHOK VANMALI, AIA
6330 San Vicente Boulevard, Suite 200, Los Angeles, CA 90048-5441 ‧ T 323 937-4270 ‧ F 323 937-6001 ‧ www.gruenassociates.com June 16, 2022
Ms. Vivian Castro
Deputy City Manager
City of Chino
13220 Central Avenue
Chino, CA 91710
RE: Request for Contract Amendment to the City of Chino Civic Center Master Plan Project Dear Vivian,
As we discussed in our recent Zoom Meeting, Gruen Associates is requesting to amend our contract with the City of Chino for the Civic Center Master Plan project relative to our compensation.

There are several areas that we base this request on:
• The elongation of the project schedule due to several factors including the Covid pandemic, the difficulties in scheduling City Council and TAC meetings amongst others, and delays to plan for and execute the statistically valid survey. Originally the schedule called for the project to have been completed in August of 2020. Currently, we foresee it being completed later this year. During this extended period, our labor rates have increased significantly, (we adjust salaries yearly in February), due to the need to retain our staff. Over the last two years our salaries have risen in excess of 12% for both professional and support staff, not to mention insurance, rent and other expenses.

Our consultants have experienced similar staff salary and operating expense increases. • Our scope has increased due to such tasks as creating the Technical Advisory Committee Meeting Draft Design Alternatives Review Package produced for the TAC meeting, the Council Worksheet Review Package with all its revisions, and the Council Q&A sessions prior to the May 10 Council meeting. These efforts exceeded 85 hours of work. • The extension of the project has resulted in numerous additional project meetings and management time as we maintained the biweekly meeting schedule, except for the period during Covid when the project was idle. The original schedule anticipated 16 such biweekly meetings. So far, we have had a total of 35 meetings including some scheduled outside of the biweekly schedule for special purposes, and we anticipate approximately at least 8 more for approximately 27 additional meetings beyond that initially anticipated. These meetings required preparation time, preparation of agendas and follow up. While very fruitful, we estimate approximately 100 hours involved in extra communication.

The additional time spent at an average of $130 per hour works out to about $23,000. The increase in staff salary and expenses over the last two years we estimate to total to about $12,000 over our original project fees. Our request is therefore for an increase in our contract amount of $35,000.

Please see the attached spreadsheet which details the request by task.

Exhibit C

10.7.b
Third Amendment to Contract with Gruen Associates for Packet Pg. 70 Ms. Vivian Castro
Request for CCCCMP Contract Amendment
June 16, 2022

Page 2 of 3 ends

In addition, we have spoken about preparing a somewhat more detailed cost estimate for the Final Master Plan. The scope of this new task includes the preparation of a single Construction Cost Report, to include conceptual estimates for each public facility/amenity in the preferred master plan. Cost estimates will be prepared from the completed Preferred Master Plan Report, commensurate with the level of programming/conceptual design available and providing approximate likely construction costs. The estimate report will also separately provide suggested allowances for wider project costs (soft costs).

Escalation allowances will be included, in alignment with the proposed phasing strategy, as outlined within the final Preferred Master Plan Report.

The cost for this new estimating task is included in the attached spreadsheet.

Thank you for your consideration of our request. Please get back to me with any comments or questions.

Sincerely,

GRUENASSOCIATES
Larry Schlossberg, AIA, AICP, LEED BD&C
Partner
Attachment: as noted.

10.7.b
Third Amendment to Contract with Gruen Associates for Packet Pg. 71 Chino Civic Center Master Plan Gruen Associates
Contract Amendment Request
Task Original Increase

1.2 Calls/Meetings $ 2,753 $ 8,500 Additional Calls and Meetings due to Schedule Extension

1.3 Monthly progress/invoices $ 2,773 $ 2,773 Additional due to Schedule Extension

3.2 TAC Meeting $ 10,249 $ 3,250 Design Alternatives Review Package

3.3 Council Meeting $ 16,707 $ 7,800 Council Work Sheets and Q&A Sessions

4.2 Draft Design Alternatives $ 38,580 $ 4,630 Escalation

5.1 Cost Estimates on Alternatives $ 34,127 $ 4,095 Escalation

6.2 Phasing Strategy $ 11,292 $ 1,355 Escalation

7.1 Draft Master $ 18,161 $ 2,179 Escalation

7.2 Final Master Plan $ 5,637 $ 676 Escalation
Total Increase $ 35,259
Additional Task

7.3 Final Cost Estimate $ 19,500
Total $ 54,759

10.7.b
Third Amendment to Contract with Gruen Associates for Packet Pg. 72 Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: CERTIFICATE OF AGREEMENT COMPLIANCE.

RECOMMENDATION
Authorize the City Manager or their designee to issue a Certificate of Agreement Compliance for the Falloncrest Development Agreement.

FISCAL IMPACT
There is no fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

10.8 CONSENT CALENDAR Packet Pg. 73
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: CERTIFICATE OF AGREEMENT COMPLIANCE
PAGE 2

BACKGROUND
On July 6, 2021 Loyola Properties and the Pietersma Family Trust (collectively referred to as Developers) entered into a Developmental Agreement with the City. The Falloncrest Development Agreement (DA) was executed to vest certain land use entitlements so that the Developers could improve/develop the property generally located on Pine Avenue bounded by West and East Preserve Loop Roads. In total, the property in question is approximately 100 acres, and at the time of the development agreement’s approval, operated as a dairy.

At full buildout, the Falloncrest at the Preserve Master Plan will facilitate the development of 1,139 residential units and 155,194 square feet of commercial uses.

ISSUES/ANALYSIS
The DA has been in place for a little over a year, and pursuant to Article 12, the DA calls for an annual review of DA terms and conditions, along with the production of an Annual Monitoring Report (AMR). The AMR is intended to demonstrate the Developers’ compliance with specific DA terms. These conditions encourage the development’s progress to the City’s benefit. All applicable terms and conditions are identified in the AMR which is attached as Exhibit B to this report.

In June 2022, the Developers submitted the first AMR and requested a Certificate of Agreement Compliance (CAC) to affirm that they are progressing to meet all applicable DA obligations. The CAC memorializes and acknowledges the Developer’s continuous efforts from August 5, 2021 to August 5, 2022. Staff has reviewed the AMR in conjunction with the DA, and believes a CAC can be issued to the Developers for the identified time period. Therefore, it is recommended that the City Council authorize the City Manager to issue the first CAC for the Falloncrest Development Agreement
Attachment: Exhibit A: Certificate of Agreement Compliance Exhibit B: Annual Monitoring Report

10.8 CONSENT CALENDAR Packet Pg. 74
Certificate of Compliance 2022 1

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CITY OF CHINO
PO BOX 667
CHINO, CA 91708-0667
ATTN: DEVELOPMENT SERVICES

DEPARTMENT
Fee Exempt – Government Code 6103 SPACE ABOVE THIS LINE FOR RECORDER’S USE

CERTIFICATE OF AGREEMENT COMPLIANCE

FALLONCREST DEVELOPMENT AGREEMENT/ANNUAL MONITORING REPORT 2021-2022
WHEREAS, the City of Chino (“City”) and Loyola Properties 1, L.P. a California Limited Partnership and Ronald C. Pietersma and Kristine B. Pietersma, Trustees of the Pietersma Family Trust (collectively, “Owner” of the property) entered into the FALLONCREST DEVELOPMENT AGREEMENT (the “Agreement”) on July 6, 2021, effective on August 5, 2021; as Contract No. 2022-141; and
WHEREAS, the City Council of the City of Chino approved the Agreement by adoption of Ordinance No. 2021-009 on July 6, 2021;
WHEREAS, the City Clerk of the City of Chino recorded a copy of the Agreement with the County Recorder of San Bernardino County as Document No. 2021-0440320, pursuant to Government Code Section 65868.5; and
WHEREAS, the Owner submitted a request in June 2022 for a Certificate of Agreement Compliance related to the Annual Monitoring Report for the years 2021-2022 pursuant to Article

12.4 of the Agreement; and
WHEREAS, at the September 6, 2022 City Council meeting, the City Manager submitted a report to the City Council containing City staff’s analysis of such annual monitoring report, setting forth the evidence of good faith compliance with the terms of the Agreement; and WHEREAS, at the September 6, 2022 City Council meeting, the City Council reviewed the annual monitoring report and authorized staff to execute a Certificate of Agreement Compliance for the Falloncrest Development Agreement covering the years 2021-2022

10.8.a
Certificate of Agreement Compliance - Falloncrest Packet Pg. 75 Certificate of Compliance 2022 2
NOW THEREFORE, the City Council of the City of Chino hereby finds, determines, and declares as follows:

SECTION 1.

A. The Owners are in good faith compliance with the Agreement; and B. The Owners have sold and closed several tracts to homebuilders (KB – TTM 19979/TTM 20399 & TriPointe Homes (TPH) – TTM 20312-1), copies of the Agreement were provided to homebuilders, and any related rights and obligations have been assigned.

C. The City recognizes that regarding Section 2.6.1 of the Agreement, sales of parcels to homebuilders is progressing according to the phasing plan, along with the development of the Public and Private parks as outlined in Section 2.8 of the Agreement.

D. Although the development of all phases has not yet occurred as mentioned in Section

2.4 of the Agreement, the City acknowledges that 11 more years remain for this obligation to be met.

E. That Phase 1 of the Water District Improvement Financing will be paid by TPH on or prior to the first anniversary of the effective date.

F. Based on the information known or made known to the City Council of the City of Chino after the most recent Annual Review, the Agreement remains in effect; and the Owner is not in default; and
G. The date of next the Annual Review is anticipated to be in September 2023.

SECTION 2.

A. Any Owner may record this Certificate with the County Recorder.

B. Whether or not this Certificate is relied upon by an Owner or an assignee of transferee of an Owner, the City shall not be bound by such a Certificate if a default existed at the time of the Annual Review but was concealed from or otherwise not known to the City Council of the City of Chino.

CITY OF CHINO
By:

Nicholas S. Liguori, AICP
Director of Development Services
ATTEST:

By:

Angela Robles, City Clerk

10.8.a
Certificate of Agreement Compliance - Falloncrest Packet Pg. 76

10.8.b
Certificate of Agreement Compliance - Falloncrest Packet Pg. 77 Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: VIVIAN CASTRO, DEPUTY CITY MANAGER
SUBJECT: RECEIVE AND ALLOCATE $1,000,000 IN STATE EMPLOYMENT TRAINING

PANEL FUNDING TO THE CHINO VALLEY CHAMBER OF COMMERCE FOR THE UPSKILL CHINO VALLEY PROGRAM.

RECOMMENDATION
1) Approve the City of Chino in Fiscal Year 2022-23 to receive and disburse, $1,000,000 from the Employment Training Panel for the Chino Valley Chamber of Commerce Upskill Chino Valley workforce development program to the Chino Valley Chamber of Commerce for this purpose; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
The City will establish a passthrough account to receive and disburse the $1,000,000. This transaction will not affect the City of Chino FY 2022-23 Adopted Budget as it is a pass-through requested by the State of California.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendations 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:
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships

10.9 CONSENT CALENDAR Packet Pg. 78
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: RECEIVE AND ALLOCATE $1,000,000 IN STATE EMPLOYMENT TRAINING

PANEL FUNDING TO THE CHINO VALLEY CHAMBER OF COMMERCE FOR THE UPSKILL

CHINO VALLEY PROGRAM
PAGE 2

BACKGROUND
The Chino Valley Chamber of Commerce developed the Upskill Chino Valley program to address ongoing challenges caused by the Coronavirus pandemic and revitalize the local economy.

Upskill Chino Valley is a four-pronged approach to improving the labor force and business community's technical, soft, and leadership skills. It is part of the Chamber's effort to serve the business community more dynamically and focus on Workforce, Entrepreneurship, Economic, and Leadership Development.

A project proposal was developed by the Chamber of Commerce and funding was solicited from numerous sources, including both public and private entities, local and regional. Chino supported the Chamber's effort and agreed to serve as a local fiscal agent if government funds could not be allocated directly to the Chamber. City staff worked directly with Assembly Member Freddie Rodriguez's staff and with the staff of the Assembly Budget Committee to understand the mechanics, responsibilities, and tracking and reporting requirements of serving as a fiscal agent.

Assembly Member Rodriguez, who represents Chino in the 52nd Assembly District, obtained $1,000,000 in funding for Upskill Chino Valley in the State budget (SB 178, Skinner).

ISSUES/ANALYSIS
SB 178 (Skinner) provides "$1,000,000 to the Chino Valley Chamber of Commerce for the Upskill Chino Valley" to be allocated by the state Employment Training Panel (ETP). These funds, however, cannot be distributed by ETP directly to the Chamber of Commerce; they must be allocated to a local fiscal agent, which would then pass the funding through to the Chamber.

Based on City staff's conversation with the Assembly Budget Committee consultant, the City will not be required to track or report on the use of the funds as ETP will work directly with the Chamber on accounting and reporting. The City will be required, however, to provide documentation from its financial system showing the receipt and subsequent allocation of the funding to the Chamber.

For the City to be able to accept the funds and pass them through to the Chamber, Council action is required.

Attachments: (1) Senate Bill 178
(2) Upskill Chino Valley Proposal
(3) Committee Upskill Chino Valley Budget Request Letter

10.9 CONSENT CALENDAR Packet Pg. 79
AMENDED IN ASSEMBLY JUNE 26, 2022
SENATE BILL No. 178
Introduced by Committee on Budget and Fiscal Review Senator Skinner
January 8, 2021
An act relating to the Budget Act of 2021. to amend the Budget Act of 2022 by amending Items 0250-001-0001, 0250-001-3066, 0250-101-0001, 0250-101-0932, 0250-102-0159, 0250-102-0932, 0250-111-0001, 0250-113-0001, 0250-114-0001, 0250-115-0001, 0500-001-0001, 0509-001-0001, 0509-101-0001, 0509-101-3398, 0509-102-0001, 0511-001-0001, 0515-103-0001, 0515-105-0001, 0521-131-0001, 0530-001-0001, 0540-101-0001, 0540-102-0001, 0540-490, 0559-001-0001, 0650-001-0001, 0650-101-0001,
0690-001-0001, 0690-012-0001, 0690-101-0001, 0690-101-0890, 0690-490, 0820-001-0001, 0820-490, 0840-001-0001, 0840-001-9740, 0890-001-0001, 0954-101-0001, 0977-101-0001, 0985-220-0001, 1111-011-0001, 1115-001-3288, 1115-004-0001, 1115-102-0001, 1701-001-0001, 2240-104-0001, 2240-105-0001, 2240-106-0001, 2240-110-0001, 2240-111-0001, 2240-121-0001, 2240-122-0001, 2240-124-0001, 2240-125-0001, 2240-126-0001, 2660-302-0890, 2740-001-0044, 2740-490, 3125-001-0001, 3125-001-0568,
3340-001-0001, 3340-001-6088, 3355-001-0462, 3360-101-0001, 3480-001-0001, 3480-102-0001, 3540-001-0001, 3540-301-0001, 3540-301-0660, 3540-492, 3600-001-0001, 3720-001-0001,
3760-101-3228, 3760-105-0001, 3790-001-0001, 3790-002-0392, 3790-002-6088, 3790-003-0001, 3790-005-0001, 3790-101-0001, 3790-102-0001, 3790-301-0001, 3790-301-0263, 3790-491, 3790-492, 3855-001-8120, 3860-001-0001, 3860-101-0001, 3900-001-0115, 3900-101-0001, 3930-490, 3940-106-0001, 3960-001-0014,
3970-001-0001, 3970-101-3228, 4140-001-0001, 4140-001-3085,

98 10.9.a
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 80 4140-101-0001, 4140-101-3085, 4170-001-0001, 4170-101-0001, 4260-001-0001, 4260-101-0001, 4260-101-0890, 4260-115-0890, 4260-116-3397, 4260-101-3085, 4265-001-0001, 4265-001-3385, 4265-111-0001, 4265-111-3385, 4300-001-0001, 4300-101-0001, 4560-001-3085, 4560-101-3085, 4800-101-3381, 5160-001-0001, 5160-001-3397, 5175-101-0890, 5175-101-8004, 5180-001-0001, 5180-101-0001, 5180-101-0890, 5180-111-0001, 5180-141-0001, 5180-151-0001, 5180-151-0890, 5225-001-0001, 5225-002-0001, 5225-019-0001, 5225-020-0001, 5225-021-3398, 5227-119-0001, 5227-121-0001, 5227-124-0001, 6100-001-0001, 6100-004-0001, 6100-107-0001, 6100-110-0001, 6100-161-0001, 6100-161-0890, 6100-172-0001, 6100-194-0001, 6100-196-0001, 6100-220-0001, 6100-488, 6120-161-0001, 6360-001-0001, 6360-001-0408,
6440-001-0001, 6610-001-0001, 6610-002-0001, 6870-001-0001, 6870-101-0001, 6870-403, 6980-001-0001, 6980-101-0001,
7100-001-0001, 7100-001-0588, 7120-001-0001, 7120-101-0001, 7350-001-0001, 7350-001-3152, 7501-001-0001, 7730-001-0001, 7730-490, 7760-311-0001, 7870-001-0214, 7870-101-0001,
7870-111-0001, 8120-002-0001, 8120-491, 8260-101-0001,
8570-002-0001, 8570-102-0001, 8820-101-0001, 8880-001-9740, and 8940-301-0001 of Section 2.00 of, adding Items 0509-102-3398, 0690-006-0001, 0775-001-3085, 0840-001-3228, 0957-113-0001, 0974-113-0001, 2240-002-0890, 2240-102-0890, 2240-492,
3340-101-0001, 3360-002-0001, 3360-102-0001, 3540-101-0001, 3600-002-3288, 3600-005-0001, 3720-001-3228, 3760-102-0001, 3790-006-0001, 3790-012-0001, 3810-102-0001, 3845-102-0001, 3855-101-0001, 3860-001-3398, 3900-002-3228, 3900-101-3228, 3930-002-3288, 3930-102-3288, 3940-002-3288, 3940-101-0439, 4700-001-3398, 4700-101-3398, 5225-017-0001, 5225-022-0001, 5227-118-0001, 5227-123-0001, 6100-485, 7100-001-3288,
7100-004-0001, 7501-001-3085, 7600-002-3288, 7760-015-0001, 8880-011-0001, and 8880-011-9740 to Section 2.00 of, repealing Items 0511-002-0001, 0957-001-0001, 0957-101-0001, 2240-123-0001, 4260-011-3397, and 8570-101-3398 of Section 2.00 of, amending Sections 11.96, 12.00, 12.32, 19.54, 19.55, 20.00, 35.50, 39.00, and

99.50 of, adding Section 19.56 to, and repealing Sections 6.15 and

35.70 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill. 98 SB 178 — 2 —

10.9.a
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 81 legislative counsel’s digest
SB 178, as amended, Committee on Budget and Fiscal
Review Skinner. Budget Act of 2021. 2022.

The Budget Act of 2022 made appropriations for the support of state government for the 2022–23 fiscal year.

This bill would amend the Budget Act of 2022 by amending, adding, and repealing items of appropriation and making other changes.

This bill would declare that it is to take effect immediately as a Budget Bill.

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.

Vote: majority. Appropriation: no yes. Fiscal committee: no yes. State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Item 0250-001-0001 of Section 2.00 of the Budget line 2 Act of 2022 is amended to read:
line 3
line 4 771,632,000
line 5 774,466,000
0250-001-0001—For support of Judicial Branch..................... line 6 Schedule:
line 7 (1) 0130-Supreme Court............................ 53,756,000 line 8 (2) 0135-Courts of Appeal........................ 265,433,000 line 9
line 10
441,616,000
449,450,000
(3) 0140-Judicial Council.........................
line 11
line 12 17,625,000
0155-Habeas Corpus Resource Center..........................................................(4) line 13
line 14
line 15
−6,598,000
−11,598,000
Reimbursements to 0140-Judicial
Council................................................ (5)
line 16
line 17 −200,000
Reimbursements to 0135-Courts of Appeal.......................................................(6) line 18 Provisions:
line 19
line 20
line 21
line 22
line 23
Of the funds appropriated in this item, $5,800,000 is
available for the defense and indemnity of the Judicial

1. Council, the appellate courts, the trial courts or the officers, judicial officers, and employees of these entities including government claims, litigation related 98 — 3 — SB 178

10.9.a
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 82 line 1 (13) $500,000 to the Girls Scouts of San Diego County for line 2 background check costs.
line 3 (14) $3,000,000 to the County of San Diego for the Partnership line 4 for the Advancement of New Americans for permanent Refugee line 5 and Cultural Hub building acquisition.
line 6 (15) $3,300,000 to the City of San Diego for the San Diego line 7 Urban Sustainability Coalition for construction of a light industrial line 8 office complex in a historically underinvested community. line 9 (16) $4,500,000 to the City of Santee for the completion of the line 10 new Santee Community Center.
line 11 (l) LABOR
line 12 (1) To be allocated by the Secretary of Labor and Workforce line 13 Development as follows:
line 14 (A) $500,000 to the County of San Mateo for the Regional: San line 15 Mateo County Union Community Alliance: San Mateo Trades line 16 Introduction Program.
line 17 (B) $3,000,000 to the County of Fresno for the
line 18 ValleyBuild/Fresno Regional Workforce Development Board. line 19 (C) $3,400,000 for Workforce Development and Exploration in line 20 Pomona.
line 21 (D) $10,000,000 for the San Diego Workforce Partnership. line 22 (2) To be allocated by the California Workforce Development line 23 Board as follows:
line 24 (A) $5,000,000 to the Farmworker Institute of Education & line 25 Leadership Development (FIELD) for the acquisition and remodel line 26 of a facility to act both as FIELD’s Headquarters and offer line 27 workforce development programs, education services, and line 28 temporary housing.
line 29 (3) To be allocated by the Employment Training Panel as line 30 follows:
line 31 (A) $1,000,000 to the Chino Valley Chamber of Commerce for line 32 the Upskill Chino Valley.
line 33 (4) $2,000,000 to the County of Sacramento for academic and line 34 extracurricular programs and outdoor learning experiences at line 35 Camp Winthers; new Construction/Building Trades pathway. line 36 (5) $2,000,000 to the City of Los Angeles for the Los Angeles line 37 Cleantech Incubator (LACI) to expand workforce development line 38 and cleantech innovation pilots, and advance zero emission energy line 39 solutions in disadvantaged communities.
98 SB 178 — 494 —

10.9.a
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 83

10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 84 Proposer Information
Proposer Name Chino Valley Chamber of Commerce
Address 13150 7th St. Chino, CA 91710
Telephone No. (909) 627-6177
Fax No. N/A
Email Address [email protected]
Federal Tax ID 95-1807647
RFP Contact Zeb Welborn
Name of Authorized Representative Zeb Welborn
Title of Authorized Representative President
Business Status
Business Name: Chino Valley Chamber of Commerce
Type: Non-Profit
Years in Operation: 108 years
1 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 85 Table of Contents
Statement of Experience and Qualifications: . . . . . . . . . . . . . . . . . . . . 3 Team Organization Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Proposal Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Program Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Budget Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 86 Statement of Experience and Qualifications
About the Chino Valley Chamber of Commerce
The Chino Valley Chamber of Commerce (“Chamber”) continues to be the largest and most comprehensive business organization in the Chino Valley, serving companies of all sizes and across all industries. From entrepreneurial startups to large-established entities, the Chamber is committed to making the Chino Valley a premier place to do business. The Chamber administers training and support programs encouraging positive economic welfare, while building the skills of the Chino Valley workforce and supporting local enterprise through advocacy, economic development and leadership opportunities.

The Chamber is a non-profit organization financed through its members’ dues, business and community investment and revenue development programs. The Chamber is not a governmental agency. The Chamber team, from the Board of Directors to dedicated staff, is here to help businesses prosper in good times as well as those which present challenges.

History
The Chino Valley Chamber of Commerce was founded in 1913 and has served the business community of the Chino Valley for 109 years.
3 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 87 Organization Chart
The Chino Valley Chamber of Commerce has staff and volunteers dedicated to promoting interest in local businesses and business possibilities. Through a staff of 5 and over 40 volunteers, the Chino Valley Chamber is equipped to create and execute the proposed programming: Upskill Chino Valley.

The Chino Valley Chamber’s five employees include:
● Zeb Welborn, Chamber President
● Karla Perez, Marketing Director
● Renay S. Mehta, Director of Workforce Development
● Sandy Graham, Membership Director
● Donna Gannan, Administrative Assistant.

Our Chino Valley Chamber of Commerce Board of Directors include:
● Christina Gagnier, CVUSD School Board Member & Partner at Carlton Fields, Chairperson ● Josh Sun, Financial Advisor at Edward Jones, Incoming Chairperson ● Gigi Verner, Business Banker at Chino Commercial Bank, Outgoing Chairperson ● Terry Fitch, Broker at LegalShield, Treasurer
● Heather Parsons, Manager of Community Partnerships & Advancement at Chaffey, Secretary ● Glenda Chavez, Public Sector Manager at Waste Management ● Gustavo Miranda, Senior Communications Professional at GEM Enterprises ● Jim Gallagher, Volunteer at Dog Park for Chino Hill Non-Profit ● Will Fleet, Publisher at Chino Valley Champion
● Melissa Demirci, Project Manager at Transtech
● Deanna Margaritha, Owner at Infuzion Zone
4 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 88 ● Clark Canedy, Owner at Management Strategic Ideas
● Sandra Ayala, Owner at Los Portales
● Brandon Jemison, General Manager at Towneplace Suites by Marriott ● Jeffrey Cox, CEO at Health Service Alliance
● Art Bennett, City Councilmember at City of Chino Hills ● Jeff Vaka, Owner at Ultimate Source
● Walt Pocock, City Councilmember at City of Chino
All employees are involved in supporting Chamber memberships and Chino Valley businesses.

Karla Perez, Director of Marketing, promotes businesses through digital and email marketing.

Renay S. Mehta, Director of Community Engagement, is responsible for the implementation of the County of San Bernardino Business Services Contract, Job Fairs, and workforce development.

Sandy Graham, Membership Director, increases Chamber membership and membership retention through meaningful relationship building and providing support to businesses.

Donna Gannon, Administrative Assistant, provides support to all functions of the Chamber.

The Chamber has 30 volunteers, including a Board of Directors, Ambassadors, and Committee members. These volunteers are responsible for connecting with local businesses to identify challenges and uncover solutions to support Chino Valley businesses. 5 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 89 Zeb Welborn
President and Past Chairman of the Board for the Chino Valley Chamber of Commerce, 2018 - Present
Promoting business growth in the Chino Valley.

President and Owner of Welborn Social Media, 2010 - Present Helping passionate organizations reach more customers using digital marketing and social marketing strategies.

President and Owner of 19th Hole Media, 2010 - Present
Growing golf by using digital marketing and social strategies to increase rounds and revenue for golf courses.

Past- President of the Chino Rotary Club, 2015 - 2021
Provide service to others, promote integrity, and advance world understanding, goodwill, and peace through its fellowship of business, professional, and community leaders.

Public Relations Chair for Rotary International District 5300, 2018 - 2021 Create and implement a plan to tell Rotary's story to the public and promote the club's projects and activities. Having strong public relations ensures that communities around the world know that Rotary is a credible organization that meets real needs. In 2018 received the Governor's Bell Award for Rotary District 5300 for the most outstanding club in District 5300.

Organizer of the Southern California Charity Golf Classic, 2015 - 2019 Good people doing good things for good causes in our community. We’ve supported Bark for Life, Boys Republic, California Scholastic Press Association, Chino Rotary Club, Chino Valley Fire District Foundation, Corona Firefighters’ Benevolent Fund, House of Ruth, Love Them All Foundation, Priceless Pet Rescue, Salvation Army, The Let It Be Foundation, and Wounded Warrior Project.

Advisory Board of Directors for the California Golf Course Owners’ Association, 2017 - Present Advise the California Golf Course Owner’s Board of Directors on marketing and public relations.

Author of The Social Golf Course
Wrote the book on social media marketing for golf courses.

Host of the Defining Success Podcast
Completed 120 podcast episodes interviewing some of the world’s most successful people.

Board Member of the Chaffey College Foundation Board, 2019 - Present Board Member of the Chino Valley YMCA, 2019 - Present
Advisory Member, SBCO Superintendent's West End Advisory, 2020 - Present Southern California Professional Golfers Association Communications & Marketing Committee, 2021 - Present
City of Chino Steering Committee, 2021
6 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 90 Media
Zeb Welborn and his work have been featured in several publications: including 100 Podcasts that Will Make You Smarter, Better and Wiser in Inc. Magazine in 2015; Top 9 Game Changers in Southland Golf Magazine in 2015, Why Entrepreneurs Should Get Involved in the Huffington Post in 2017, Chamber President Named Outstanding Citizen of the Year in 2020, Top 31 People to Know by West Coast Magazine in 2021.

Inc. Magazine
December 2015
Top 100 Podcasts that
Will Make You
Smarter, Better and
Wiser
Southland Golf
Magazine
July 2015
Game Changers
Golf Inc. Magazine
May/June 2015 Issue
Top 10 Most Innovative
People in Golf
Marketing
HuffPost
August 2017
Why Entrepreneurs
Should Get Involved
Champion Newspapers
August 2020
Outstanding Citizen of the Year
7 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 91 Renay S. Mehta
Chino Valley Chamber of Commerce Director Community
Engagement, Workforce and Economic Development
2021 - Present
● Facilitated networking and discussions between council members, board members, local business owners, and government officials on community partnerships and engagement through workforce and economic programs.
● Cultivate relationships with local businesses, industry groups, nonprofit and community-based organizations to increase participation in workforce and economic development to benefit local government, businesses, schools and students.
● Manage relationships between schools and industry partners to create and sustain career pathways for Chino Valley.

Edwin Rhodes Elementary School Chair of School Site Council, 2021 - Present ● Sign all letters, reports, and other communications of the School Site Council.

United States Census Bureau Lead Partnership Specialist, Education, 2019-2020 2019 - 2020
Leadership
● Earned top producer given community outreach efforts and creating national partnerships.

Promoted within 6 months to lead education efforts within 3 counties. Oversaw and facilitated training for 50+ partnership specialists.
● Organized local events, developed presentations and delivered 50+ speeches promoting Census participation.
● Invited by CA Senator to attend Women’s Leadership Conference and presented to 100+ attendees.

Partnerships
● Developed, built and managed partnerships with government, non-profit organizations, community groups and businesses to build awareness and increase participation in 2020 Census both locally and nationally.
● Collaborated with city officials to produce public service announcements (PSA), earning national visibility with 3K+ viewers; recognized for best practices and for successfully pivoting creatively during COVID.
● Gained buy-in with local officials in 5 cities to create complete count committees; increased participation and improved engagement programs. Gathered input from distressed communities and hard to reach residents.
● Selected as primary Census contact; partnered with all superintendents on the education board to increase engagement.

Communication
● Presented to 100+ Montclair school district parents, leaders and city officials during the school district’s leadership council. Increased awareness and educated audience about the importance of Census participation.
● Wrote key talking points and created marketing materials to help engage the public and support partnerships. Conducted research and compiled reports sharing key insights and data on target demographics for partners.
8 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 92 ● Proactively solicited and gathered feedback from residents within distressed communities and low response populations to improve strategies for developing and implementing creative engagement programs.

County of San Bernardino Economic Development Agency Staff Analyst, 2009-2011 Leadership
● Developed training programs and facilitated specialized workshops for the public, county departments and youth groups to educate individuals about the Workforce Investment Act including programs and services offered.
● Managed Workforce Development Department’s (WDD) grant approval process and communicated with contractors.
● Earned recognition for helping 1600 youth secure summer internships. Crafted press releases to promote and increase awareness of adult job training programs and market Summer Youth Employment Program.
● Recommended improvements to support economic development; analyzed county programs, policies and procedures.

Partnerships
● Built and maintained relationships with local employers supporting the county’s adult and youth training programs. Oversaw, monitored and provided technical assistance and financial guidance to education providers.
● Partnered with WDD to enroll job seekers in training programs. Tracked materials and ensured students and job seekers received all necessary supplies and equipment to succeed in training and employment programs.

Communication
● Created a marketing brochure for WDD’s Director to highlight programs and services offered. Recognized nationally for creative design concepts that promoted department’s and agency’s success.
● Interviewed clients and shared resources and support services eligibility. Referred clients to various community agencies and county programs including: youth, adult and elder welfare services.
● Wrote contracts and agreements with multiple entities wanting to conduct business with WDD. Evaluated budgets and allocated grant funding; reconciled invoices from contractors. ● Reviewed and evaluated requests for proposal submissions; made recommendations as part of the selection committee.

Quiznos Director of Operations, 2004-2009
● Oversaw budgets and prepared quarterly financial statements for several restaurants.

Identified opportunities to cut costs and reduce expenses. Improved purchasing, minimized waste and reduced labor expenses by 8%.
● Negotiated franchise contracts and leases throughout the initial development phase to open new restaurant locations.
● Recruited, selected, trained and supervised 25 employees. Established goals and designed team-building programs to improve employee morale and reduce turnover. ● Drove restaurant sales through creating marketing campaigns and determining advertising placement. Analyzed market demographics to identify target market.

Increased visibility in the community through public relations programs. 9 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 93 Karla Perez
Chino Valley Chamber of Commerce, Marketing Director, 2021- Present
● Promotes Chamber and member organization and events
utilizing social media and email marketing
● Assists in the planning and execution of annual Chamber events by effectively communicating with community partners and leading committee members
● Creates and implements effective communication strategies to improve brand awareness
County of Orange- CEO Communications, Public Relations Intern January 2020- May 2020
● Contributed in the strategic planning and content creation for social media platforms and monthly employee newsletter
● Analyzed social media analytics to determine appropriate media, strategies, and techniques ● Composed feature article for monthly employee newsletter by using advanced writing skills ● Responded to county citizens’ questions via email by providing information and handling issues with sound, independent judgment
St. Jude Memorial Foundations, Fundraising Events Intern, June 2018-December 2018 ● Helped Events Manager with event preparations to execute the 700 person event, St. Jude’s A Walk Among the Stars Fashion Show and Luncheon
● Provided assistance in the coordination of meetings by effectively disseminating information, posing as a liaison representing St. Jude Medical Center ● Reached out to potential donors and stakeholders; collected and organized data and other event day preparations
California State University, Fullerton, Student Assistant TitanWell, 2018-2020 ● Created digital and print marketing materials and collateral (flyers, stickers, handouts) to promote CSUF health services, events, and promotions
● Planned and executed 6 campus events by communicating with campus partners/ vendors ● Evaluated data on event attendance using statistics to identify trends amongst the populations to improve programming and reach
St. Jude Medical Center Volunteer and Student Leadership Board, 2018-2020 ● Assisted St. Jude’s volunteer coordinator in administrative duties to resolve team tasks ● Aided volunteers assimilate to the hospital by providing tours, and leading volunteer orientations
● Informed and managed volunteers and staff volunteers at hospital events including: annual golf tournament, annual fundraising gala
10 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 94 Proposal Description
Funding Source
On behalf of the Chamber, the 14,390 businesses we represent and our network of partners across the Chino Valley business community, we hope to secure funding from the federal government to implement our Upskill Chino Valley program.

This program will revitalize and help to stabilize the economy due to the effects of COVID-19. We are requesting funds that would address the negative economic impacts of COVID-19 and would provide economic assistance to small businesses, households and hard-hit industries by creating a sustainable economic recovery solution.

Proposed Services: Upskill Chino Valley
The Chino Valley Chamber administers and oversees training and support programs that build the skills of the Chino Valley workforce and support local enterprise. Chino Valley is home to businesses in a variety of industries, with the most prominent being health care, manufacturing, distribution, retail, utilities, construction and logistics.

Our community is facing unique challenges. Upskill Chino Valley is working on bridging the skills gap for the underserved population: Seniors, Veterans, Hispanic/ Latino, and underskilled population.

According to Census Data, 7% of the population of Chino are seniors. 7% of Chino senior households have an annual income of less than $10k and 32% less than $20k. 34% of residents over 60 received food stamps. The City of Chino has a veteran population of 4,045. There are only 6% of veteran owned businesses in the City of Chino.

Quick Facts from the 2020 Census Data, City of Chino has a Hispanic/Latino population of 51% and 24% are foriegn born. 10% of the population lives in poverty and more than 40% of the population is unemployed.

The Chino Valley Chamber recognizes the businesses and community challenges. Our businesses and community are facing unique challenges coming out of the pandemic. Our Upskill Chino Valley program is designed to address those challenges and create a sustainable program to help revitalize our local economy as we come out of the COVID-19 pandemic and create sustainable programs for Senior, Veterans, Hispanic/Latino and underskilled population.

Upskill Chino Valley is a four-pronged approach to upskilling our community that will facilitate the Chamber transitioning to an organization that more dynamically serves the business community and focuses on: Workforce Development, Entrepreneurship Development, Economic Development and Leadership Development.
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Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 95 Workforce Development
San Bernardino County Workforce Development Business Services Outreach ● Chamber members have expressed significant challenges in filling job opportunities.

The Chino Valley Chamber has helped identify the employment needs of our region.

The Chamber has promoted job opportunities on Chamber job boards, social media and hosted Job Fairs to meet the needs of businesses and the community. ● To close the Chino Valley skills gap in this new COVID-19 landscape, it is vital that we continue to invest in workforce development efforts that are tied to the labor market and employer demand. The Chamber will create pathways for workshops, job referrals and placement services, job experience, internships, on the job training, job shadowing, and partnership and outreach opportunities.

State of California Employment Training Panel
● Chamber members of manufacturing and logistics firms and medical hospitals and organizations expressed difficulty in providing training to their employees. The Chamber has partnered with ETP to provide manufacturing skills and continuous improvement training programs such as Six Sigma, AS9100 Quality Standards, product design training, product fabrication, equipment cross training, Wickman CNC operation and material handling.

Sustainable Workforce Development Solutions:
● Job Referrals & Placement Services for youth:
○ Connected with Future Business Leaders of America at Ayala High School, Future Farmers of America at Don Lugo High School, Family, Career and Community Leaders of America at Chino Hills High School, Culinary Arts Program at Chino High School, Personal Finance, Career Exploration and College Skills courses at Buena Vista High School and at-risk youth programs at Boys Republic.
■ Business leaders and Chamber staff participate in school site visits to career centers, clubs and classrooms at each of the high schools for presentations on career exploration, entrepreneurship, Q&A sessions and mentorship.
○ Implementing programs to support job shadowing, internships and career fairs for youth and job training certification institutions
○ These programs impact underserved students, specifically at Chino High School, Don Lugo High School and Buena Vista High School which serve nearly 50% free and reduced lunch students. Additionally, we have connected Boys Republic students (for at-risk youth) with job opportunities in the Chino Valley upon their graduation.
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Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 96 Economic Development
● Facilitate industry sector meetings, trade organizations, educational institutions and recruit industry employers to take part in various panels with local organizations. These will help to identify common issues and challenges we can work to resolve to help attract and retain local businesses.
● Review and assess areas of Chino Valley for Economic Development and create new opportunities for new businesses to come to the Chino Valley including hospitality, health care, manufacturing, distribution, construction, logistics, and retail. ● Facilitate partnership and outreach opportunities with industry leaders in the community. By connecting leaders around community growth we can work together to resolve economic challenges facing our region. The Chino Valley Chamber is a proud partner and supports development of manufacturing and logistics firms in the City of Chino such as:
● FedEx Ground
● McKesson Medical
● Shirlee Industries, Inc.
● Intro-tech automotive
● Kinematics, Inc.
● GMP Nutrition Enterprises, Inc.
● Impact Packaging Solutions
● Albers Dairy Equipment
● Liner Technologies
● Alvarado Manufacturing
● Cold Star Inc.
● EPac Flexible Packaging
● Wing Lee Farms
● Pack Plus Converting
● Phoenix Mecano, Inc.
● Hussmann Corporation
● Scotts Engineering
● Berry Plastics Corporation
● Bykowski Equipment
● Casun International/ AEHU
● Harrington Industrial Plastics
● O.F. Wolfinbarger, Inc.
● Kemper Enterprises, Inc.
● NFI Industries
● Logistics Plus Warehousing &
Fulfillment
● Conducting business tours with businesses interested in locating in our region. ● Implement a data collection program with local businesses to identify common issues and challenges to attracting and retaining businesses. This data collection will include valuable insights into the issues facing businesses and identifying problems before they become major issues for our region.

Entrepreneurship Development
● Conduct CVCC Pitch Competition & Youth Entrepreneurship Fair (grades K-12) to promote entrepreneurship.
○ The CVCC Pitch Competition is a Shark Tank-like event where students present their entrepreneurial idea to a panel of judges for a chance to earn seed money for their business idea. We have conducted two pitch competitions so far and have given out more than $10,000 to more than 20 young entrepreneurs. 13 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 97 ○ The Youth Entrepreneurship Fair for grades K-12 students. Students set up booths to sell products and services that they created. Our first fair was on November 6 and over 85 young entrepreneurs participated. ● Create programming to facilitate local entrepreneurship with supportive programming to assist businesses at all stages of the entrepreneurial journey. We have conducted more than 50 workshops designed to educate and support local business owners and leaders. We hope to expand this programming to support youth entrepreneurship in San Bernardino County. ● Coordinating mentor/mentee relationships between local business owners and future leaders.

By developing a program where mentors look to assist and support beginning entrepreneurs we can help to create a sustainable vision for our community and continue to foster business ideas that will help to economically grow our region.
● Connect and coordinate with local agencies like California State University San Bernardino’s Inland Empire Center for Entrepreneurship to expand opportunities for youth and emerging entrepreneurs in our region.
● Create an effective strategy to reach disenfranchised youth through SMS programs, participate on school site visits, career centers and community organizations.

Leadership Development
● Chino Valley Emerging Leaders Program aspires to create sustainable leadership for our region. By hosting an emerging leadership program, we hope to connect aspiring leaders with current leaders to develop a stronger understanding of the issues facing our local economy and identify solutions to resolve those problems.
● Coordinating mentor/mentee relationships between local business owners and future leaders.

By developing a program where mentors look to assist and support beginning entrepreneurs we can help to create a sustainable vision for our community and continue to foster business ideas that will help to economically grow our region.
● Creating opportunities to develop and implement projects that will benefit the cities through harnessing emerging leaders and giving them opportunities to pursue a program for the good of the community.
● The Emerging Leaders Program will allow community leaders, decision makers in businesses, service, education, community organizations, government and service collaborate to come together and facilitate sessions and conversations with policymakers, industry experts and visionary leaders for a unique opportunity to make an impact on the critical challenges facing our cities and region and for Chamber members to grow professionally in a civic leadership framework.

Program Implementation
To be effective, the Chamber aims to make Upskill Chino Valley:
● Immediate. The Chamber has already implemented most of the proposed programming. The funding we are seeking will allow us to make these programs more expansive and sustainable to allow us to continue this programming for years to come. While it is important to consider 14 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 98 investment impacts beyond the immediate term, providing immediate help is a necessary baseline for a longer-term recovery. Upskill Chino Valley is not a short-term project, but rather a long-term project that focuses on sustainability. The focus is to create a long-term plan that will sustain and increase economic growth.
○ This economic recovery is unlike anything we have ever experienced. Young people ages 18-24 have missed clear opportunities in workforce development and career pathways to join the workforce due to the pandemic. This workforce shift means that it is more important now than ever to upskill our workforce as these young people begin opportunities in their new careers.
● Reflective of Diversity, Equity and Inclusion. The Chamber is a leading advocate and convener of diversity, equity and inclusion in our businesses and community. The following programs and initiatives are intended to create new business relationships and partnerships across diverse audiences and create an environment that supports diversity, equity and inclusion. The Chino Valley Chamber is an advocate of diversity, equity and inclusion and has created a culturally diverse Board of Directors of which 50% are women and 50% are men. ● Drive Towards Future Prosperity and Sustainability. The Upskill Chino Valley Program will immediately help businesses and workers while also influencing their long-term sustainability in their business. The Chamber will incorporate business sponsorships and community support to generate outcomes that will help sustain the programs for the long-term.

Program Promotion and Outreach
Based on the challenges of the community and businesses, the Chamber will implement programs that bridge the gap that the Senior, Veteran, Hispanic/Latino and underskilled population is facing.

With the COVID-19 pandemic businesses are having a challenging time to stay in business. The Chamber understands these challenges and is implementing strong programs in workforce development that address the challenges. In addition, the Chamber understands the vital need of bringing businesses and retaining businesses in the Chino Valley. The Chamber is a strong supporter of supporting Logistics and Manufacturing firms. These firms will help bridge the gap of employment that our community and businesses face.

There has been a drop off in programs targeting these populations post-2012. With a renewed focus on diversity, equity and inclusion funding is critical to supporting these underserved communities.

The Chamber has already made a practice of utilizing resources to encourage local businesses to participate in events including job fairs, business expos’, Chino Valley Young Professionals, Legislative Action Committee, golf tournaments, workshops, and networking events with and other industry sector opportunities. In particular, we regularly promote services through various channels including our email newsletter and social media that reach out to more than 3,500+ members of our community, leaders and businesses.

In addition to social media and our email newsletter, the Chamber utilizes the software ChamberMaster, which allows us to post job opportunities and applications directly through our website. This tool, as well as the Chamber’s 400+ business connections throughout the Chino Valley positions us to effectively identify the needs of our business and provide an efficient and effective tracking system for our grant implementation.
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Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 99 Employer Relationship Development and Management
Chamber President Zeb Welborn will be the point of contact..

Through our Chamber activities, we are actively working to revitalize our community and position ourselves for a post-pandemic economy.

The Chamber utilizes our Board of Directors and Ambassadors to connect with businesses to promote Upskill Chino Valley by:
● Creating effective outreach campaigns for Upskill Chino Valley Program; ● Coordinating job boards, career expos, job fairs, and assisting with workforce development; and
● Working with businesses, labor unions, trade organizations and educational institutions.

The Chamber was recently awarded a contract from San Bernardino County Workforce Development, which will allow the Chamber to use the CalJobs database to help connect workers with job opportunities, create and capture data from business surveys and use that data to offer programs and provide workforce development solutions for our region.

The Chamber has strong partnership and alliance with the County of San Bernardino Workforce Development Department, State of California Employment Development Department, City of Chino, City of Chino Hills, State of California Employment Training Panel, Baldy View ROP, Chaffey College, California State Polytechnic University Pomona, California State Polytechnic University Fullerton, The Drucker School of Management, Peter F. Drucker School of Management, Claremont Colleges , Inland Empire Center for Entrepreneurship, The InTech Center, San Bernardino County Superintendent of Schools and the Chino Valley Unified School District.

Program Promotion
To promote Upskill Chino Valley, and to ensure we are outreaching to the community, the Chamber plans to identify objectives, strategies and tactics to help us promote the Program. Our goal is to reach 12,960 participants annually.

We partner with Champion Newspapers and various local magazines to promote Chamber programming. We also leverage and utilize digital marketing tools like social media, email marketing, a strong website, and digital advertising to reach a diverse audience. We have 2,000+ email subscribers and over 1,500+ followers on our social media.

We partner with local businesses to utilize more traditional marketing methods like posting flyers, mailing invitations, leveraging business partnerships, focusing on outreach with community organizations that focus on Senior/Veteran, Hispanic/Latino Populations and underskilled populations such as Churches, Senior Centers, community organizations and local non profits Chamber partnerships such as Anthesis, Calvary Chapel Chino Hills, Chino Cultural Foundation, Chino Kiwanis Club, Love Them All Foundation, OPARC, Isaiah’s Rock, Rancho del Chino Rotary Club, Chino Rotary Club, Soroptimist Chino Valley, Soroptimist Chino Hills, Chino Neighborhood House, Chino Valley DES club, Chino Youth Museum, Chino Valley YMCA, House of Ruth, and Inland Empire United Way.

Through our program we plan to collect survey data to help ensure that we are making the most of our efforts and providing valuable insights on how we can improve our efforts over time. 16 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 100 Lastly, we host major events including our Business Expo, Pitch Competition, Entrepreneurship Fair, Job Fairs, and others, and regular events including our Business @ Breakfast, Monthly Mixers, Monthly Lunches and others to build awareness and participation for Upskill Chino Valley.

Performance Metrics
The following Performance Metrics will be used in the evaluation of Upskill Chino Valley programming and will be broken down into target populations, i.e. Seniors, Veterans, Hispanic/Latinos and underskilled workers:
● Upskill Workshops
○ Total number of workshops
○ Surveys at the end of workshops to identify opportunities to further support target populations and participants
○ Success will be attendance at a workshop
● Job Referrals and Placement Services
○ Total number of businesses willing to support students by offering career pathways for job experience, internships, on-the-job training, apprenticeships, mentorships, job shadowing and site visits through Chamber database
○ Total number of businesses hiring jobseekers
○ Total number of jobseekers
○ Total number of students who take advantage of work experience, internships, on-the-job training, apprenticeships, mentorships, job shadowing and site visits ○ Success for a jobseeker will be a job placement
○ Success for a student will be a new job experience, internship, on-the-job training, apprenticeship, mentorship, job shadowing and/or site visit with a participating business
● Career Expos / Job Fairs
○ Total number of Career Expos / Job Fairs
○ Total number of business participants in Career Expo / Job Fairs ○ Total number of student participation in Career Expo / Job Fairs ○ Total number of jobseeker participation in Career Expo / Job Fairs ○ Success for a jobseeker will be a job placement
○ Success for a student will be a new job experience, internship, on-the-job training, apprenticeship, mentorship, job shadowing and/or site visit with a participating business
● Business Retention and Expansion
○ Total number of in-person visits to each business
17 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 101 ○ Total number of completed surveys identifying issues related to business challenges, growth, expansion and viability
○ Total number of mentorships assigned by the Chino Valley Chamber ambassador team to provide support for growing businesses
○ Total number of Industry Roundtable events with identification of industry and businesses and individuals present
○ Total number of Cross Industry Roundtable events with identification of businesses and individuals present
○ Total number of vacancies filled with Chamber support ○ Total number of Panel Workshops for Partnership, Outreach and Engagement Opportunities.
○ Total number of outreach with identification and level of outreach to new Business Licenses and sharing programs to support in the growth and welcoming of new businesses
○ Success is business participation in surveys, roundtables, panel workshops and/or mentorship program
● Chino Valley Emerging Leaders Program
○ Total participants the program
○ Total leadership training hours per program
○ Total participation from businesses and community organizations ○ Total number of completed surveys from participants
○ Success is completion of the leadership program with more than 70% attendance in Chino Valley Emerging Leaders Program
● Youth Development
○ Total number of students who submit an application to the CVCC Pitch Competition ○ Total number of student participation in Youth Entrepreneurship Fairs ○ Total number of students who participated in Chamber/Entrepreneurship workshops ○ Total number of Young Professional Workshops that focus on leadership training, entrepreneurship, networking and professional development. ○ Success is a submission to participate in the CVCC Pitch Competition, participation in a Youth Entrepreneurship Fair, attendance at a Chamber/Entrepreneurship workshop or attendance at a Young Professional Workshop
In conjunction with staff, volunteers and partners, the Chino Valley Chamber of Commerce will track services throughout the Upskill Chino Valley Program through ChamberMaster tracking metrics, Google Sheets, Google Forms, and a variety of other analytical tools.

The Chamber will track our outreach and program efforts in accordance with federal government systems. We will create processes and track our efforts to hit target increases in all the metrics listed in the bullet points above. Once the Chamber has identified numbers through this program, we can set achievable targets and work towards hitting those targets and creating systems to improve on our metrics and create sustainable programming.
18 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 102 Total Budget Proposal Year 1-7
Line Item # Year Annual Amount
1 Year 1 $214,000
2 Year 2 $149,000
3 Year 3 $149,000
4 Year 4 $149,000
5 Year 5 $149,000
6 Year 6 $95,000
7 Year 7 $95,000
TOTAL ANNUAL AMOUNT (Line Items #1 thru #7): _ $1,000,000 Please see attachments for more information.
19 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 103 References
Name of Agency
Phone Number &
Email Address
Contact Name
& Address
Dates Services
Provided
City of Chino
(909) 334 - 3302
[email protected]
Matt Ballantyne,
City Manager
13220 Central Ave.

Chino, CA 91710
At least 2010 -
Present
City of Chino Hills
909-364-2715
[email protected]
Ben Montgomery,
City Manager
14000 City Center Dr.

Chino Hills, CA 91709
At least 2010 -
Present
Baldy View ROP
(909) 980-6490
[email protected]
Dora Edney,
Director of Development
and Public Relations
1501 S Bon View Ave.

Ontario, CA 91761
May 2020 -
Present
County of San
Bernardino
Workforce
Development
Department
(909) 215-7255
[email protected]
Curtis Compton,
Business Service Manager
290 North D. Street,
Suite 600
San Bernardino, CA 92415
At least 2010-
Present
San Bernardino
County Supervisor
(909) 465-5265
Curt Hagman,
San Bernardino County
Fourth District Supervisor
14010 City Center Drive
Chino Hills, CA 91709
At least 2010-
Present
20 10.9.b
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 104 April 27, 2022
The Honorable Phil Ting
Chair, Assembly Committee on Budget
California State Assembly
1021 O Street, Suite 8230
Sacramento, CA 95814
RE: Funding the Upskill Chino Valley Program
Dear Chair Ting,
As the legislature works to distribute funds in a historic budget surplus year, I urge you to consider allocating funds to the Upskill Chino Valley project. Upskill Chino Valley is an initiative to revitalize and help stabilize the local economy in response to the lasting effects of the COVID-19 pandemic.

Upskill Chino Valley is a four-pronged approach to upskilling the community that will facilitate the Chamber transitioning to an organization that more dynamically serves the business community and focuses on workforce, entrepreneurship, economic, and leadership development.

The project is already in place on a small scale and funding from the State of California will allow the Chamber to expand their services to reach as many as 12,960 local residents each year for seven years.

The program will continue to be funded through partnerships with local businesses. $1 million will ensure the program is robust enough to run for at least ten years and reach as many as 129,600 residents, making a deep investment in the local economy. However, the Chamber would be grateful for an allocation of $214,000 to initially run the expanded program for a year and reach as many as $12,960 local residents.

The Upskill Chino Valley Program will immediately help businesses and workers while also influencing long-term sustainability in businesses. The Chamber will incorporate business sponsorships and community support to generate outcomes that will help sustain the programs in the long-term.

10.9.c
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 105 Expanding Upskill Chino Valley for at least ten years will cost a total of $1 million, with the price of running the program each year decreasing as they scale operations.

Year 1 $214,000
Year 2 $149,000
Year 3 $149,000
Year 4 $149,000
Year 5 $149,000
Year 6 $95,000
Year 7 $95,000
Total $1,000,000
The Chamber of Commerce will use the funds for the following each year:

Year 1 Years 2-5 Years 6-7
Workshops $10,000 $20,000 $10,000
Job Referrals and Placement Services $15,000 $30,000 $10,000 Workforce Development $30,000 $75,000 $6,000
Business Retention and Expansion $35,000 $70,000 $28,000 Chino Valley Emerging Leaders Program $15,000 $30,000 $10,000 Economic Development $30,000 $60,000 $24,000
Youth Development $13,000 $13,000 $7,000
Programming Development Materials $66,000 n/a n/a
Total $16.51 $22.99/ $7.33 / participant
The Chamber will create processes and track efforts to hit target increases in the performance metrics of job referrals and placement services, workforce development, business retention and expansion, the Chino Valley Emerging Leaders program, tourism, and youth development.

This project is well planned, already successful on a small scale, and a modest funding request. I urge you to allocate $1 million to Upskill Chino Valley and invest in a small economy, workforce development, entrepreneurship, and leadership program.

10.9.c
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 106 Sincerely,
Freddie Rodriguez Phillip Chen
Assemblymemebr, 52nd District Assemblymemebr, 55th District CC: Honorable Anthony Rendon, Speaker, California State Assembly Members, Assembly Committee on Budget

10.9.c
Receive and Disburse $1,000,000 in State Funding to Chino Packet Pg. 107 Revenue: Expenditure: 5207310-40005-WA212
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: DRINKING WATER STATE REVOLVING FUND PROGRAM AND RESOLUTION - STATE STREET PROJECT (WA212).

RECOMMENDATION
Adopt Resolution No. 2022-060, authorizing the City Manager to sign and submit an application to the State of California Water Resources Control Board, for loan funding under the Drinking Water State Revolving Fund program.

FISCAL IMPACT
No immediate financial impact. If awarded, the City would be obligated to repay funding per the terms of the DWSRF loan and program documents. DWSRF loans are offered at low interest rates compared to other lending sources.

10.10 CONSENT CALENDAR Packet Pg. 108
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: DRINKING WATER STATE REVOLVING FUND PROGRAM AND RESOLUTION - STATE STREET PROJECT (WA212)
PAGE 2

BACKGROUND
On March 2, 2021, the City Council approved the creation of the State Street Water Treatment Project (WA212) and awarded a design professional services agreement. The Project includes the design and construction of a 4,000 gpm treatment facility, rehabilitation of Well Nos. 12 and 14, and brine pipelines. The treatment facility at the intersection of State Street and Benson Avenue will treat water from Well Nos. 12 and 14 for nitrate, perchlorate, and 1,2,3 TCP. The project budget, including soft costs, is tentatively estimated to be approximately $35,000,000 plus a $750,000 Federal Grant – Water SMART. This Capital Improvement Program project has been designated as a high priority by staff, and funding is consequently being actively pursued.

The Drinking Water State Revolving Fund (DWSRF) is a financial assistance program that helps water systems and states achieve health protection objectives through drinking water infrastructure programs. The DWSRF functions as an infrastructure bank by providing low interest loans to eligible recipients for drinking water infrastructure projects. As money is paid back into the state’s revolving loan fund, the state makes new loans available to other recipients. These recycled repayments of loan principal and interest earnings allow the state's DWSRF to “revolve” over time. Publicly owned community water systems are eligible to apply for the loan, which has a term of up to 30 years and does not require repayment until 18 months after project completion.

The Public Works Department is seeking to secure low interest loan funding through the DWSRF for the project. City staff have consulted with State Water Resources Control Board Financial staff and determined that the project is potentially eligible for DWSRF loan funding for the construction phase. Funding for the design phase of the project has already been secured, and design is currently underway. However, if the DWSRF loan is accepted, portions of already completed work may be eligible for loan funding in addition to the construction phase. Securing DWSRF loan funding would reduce the project’s immediate dependence on the City’s water capital fund, therefore, enabling other priority projects to utilize those funds. The project design is currently at 65% completion and is expected to be completed by December 2022.

Additionally, the Initial Study required to meet CEQA compliance was published for 30 days from July 15th through August 15th. Comments have been received from AQMD, IEUA, and the City of Montclair. None of the comments were in opposition to the project, but merely typical requirements this type of project will need to incorporate in the construction documents.

ISSUES/ANALYSIS
As required by the DWSRF program, potential loan applicants must have a resolution accepted by Council, the governing body. Said resolution authorizes the approval and submission of a loan application to seek funding for water infrastructure projects. Staff has reviewed the DWSRF application and program documents and has identified the State Street Water Treatment Project as potentially eligible for funding. Staff is currently in the process of preparing a comprehensive application for DWSRF funding which includes technical, financial, and environmental information related to the project. Therefore, staff recommends that Council authorize the City Manager to execute and submit an application to the State of California Water Resources Control Board for loan funding under the DWSRF. Additional Council action will be necessary to approve a financing agreement if a loan application is approved.

Attachment: Resolution No. 2022-060

10.10 CONSENT CALENDAR Packet Pg. 109
RESOLUTION NO. 2022-060

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, APPROVING THE APPLICATION FOR DRINKING

WATER STATE REVOLVING FUND FINANCING AND AUTHORIZING

THE CITY MANAGER TO SUBMIT NECESSARY DOCUMENTS ON
BEHALF OF THE CITY.

WHEREAS, the Drinking Water State Revolving Fund (DWSRF), administered by the State of California of Water Resources Control Board, provides financial assistance in the form of low-interest loans to finance water infrastructure improvements and other eligible projects—to maintain compliance with the Safe Drinking Water Act; and WHEREAS, the City of Chino has made planned water infrastructure improvements, as part of the State Street Water Treatment Project (WA212), a priority and as a result is seeking financing sources for the project; and WHEREAS, the City of Chino City Council is authorized to approve financing applications for the DWSRF Program, subject to the terms and conditions of the DWSRF Program Guidelines and Application Package.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:

1. That the application for the DWSRF, administered by the State of California of Water Resources Control Board, for the planned water infrastructure improvements, as part of the State Street Water Treatment Plant Project (WA212) is hereby approved.

2. That the City Manager is authorized to execute and submit in the name of the City of Chino, the DWSRF financing application package and associated Documents for the State Street Water Treatment Project (WA212), as required by the State of California Water Resources Control Board for participation in the DWSRF Program.

APPROVED AND ADOPTED THIS 6th DAY OF SEPTEMBER 2022.

By: ____________________________
EUNICE M. ULLOA, MAYOR
ATTEST:

By: _____________________________

ANGELA ROBLES, CITY CLERK

10.10.a
Drinking Water State Revolving Fund Loan Application Packet Pg. 110 Resolution No. 2022-060

Page 2 of 2 ends

State of California )
County of San Bernardino )
City of Chino )
I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting held on the 6 th day
of September 2022, following a roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
______________________________

ANGELA ROBLES, CITY OF CHINO

10.10.a
Drinking Water State Revolving Fund Loan Application Packet Pg. 111 Revenue: 1001000-51200 Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-3 IMPROVEMENT AREA 5 FOR MUNICIPAL SERVICES.

RECOMMENDATION
Adopt Resolution No. 2022-051, declaring the City of Chino’s intention to annex Territory to Improvement Area 5 of Community Facilities District No. 2003-3 for municipal services and schedule a public hearing for Tuesday, October 18, 2022.

FISCAL IMPACT
Annexation of these properties will add an additional $46,029, of Special Taxes annually, to be levied within Improvement Area 5 (IA 5) of Community Facilities District No. 2003-3 (CFD 2003- 3) to be used for certain municipal services described in the Resolution of Formation for CFD No. 2003-3.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

10.11 CONSENT CALENDAR Packet Pg. 112
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-3 IMPROVEMENT AREA 5 FOR MUNICIPAL SERVICES
PAGE 2

BACKGROUND
The City’s General Plan requires the City to ensure that new development within the city has a fiscally neutral effect on the General Fund. That principal has been applied to all new developments in The Preserve.

The City formed CFD 2003-3 in The Preserve to pay for certain public facilities and necessary ongoing municipal services authorized by the Mello-Roos Act and the formation documents with respect to CFD 2003-3. In addition, the City formed IA 5 of CFD 2003-3 for the purposes of levying special taxes exclusively for payment of municipal services and administrative expenses for IA 5 (Note: No public facilities are authorized to be financed through IA 5 and no CFD bonds will be issued payable by IA 5 Special Taxes).

The Rate and Method of Apportionment (RMA) for IA 5 includes the Special Tax rates for residential and non-residential properties. Authorized municipal services payable from IA 5 Special Taxes include maintenance of parkways, operation of storm drainage systems, and public safety services.

ISSUES/ANALYSIS
Several properties owned by Lewis Management Group are now ready to be annexed into IA 5.

These include properties located south of Pine Ave. on the east and west side of Main Street.

These properties have been conditioned to annex into IA 5 and as such have submitted applications to proceed with the annexations. The annexation of these properties will provide funding for necessary municipal services provided to the properties.

The Mello-Roos Act requires the City to adopt a Resolution of Intention to consider annexation of property into the District. The City must also set a public hearing date for no less than 30 days, and no more than 60 days after the date the Resolution of Intention is approved. Prior to the public hearing, a public notice must be published in a local paper at least seven days prior to the public hearing. Additionally, the full notice must be mailed to the property owners prior to the election. After the public hearing has been held, assuming the City Council determines to proceed with the annexation process, an election will be held for the property owners within the territory proposed to be annexed. As there are fewer than 12 registered voters within the territory proposed to be annexed, the election will be a landowner election with each landowner receiving one vote for each acre or fraction thereof owned. Such property owners will cast their ballots which will be counted by the City Clerk, and if the annexation is approved by the property owner(s), the City Council will adopt a resolution declaring the results of the special election and ordering annexation of proposed property to IA 5 of CFD 2003-3 and the recordation of a Notice of Special Tax Lien on such annexed property.

On October 18, 2022, a public hearing will be scheduled to consider the proposed annexation and to hear any property owners or interested parties who wish to speak to the City Council on the proposed annexation. The annexation into IA5 of CFD 2003-3 shall be subject to approval of the qualified electors within the territory proposed to be annexed into IA5 of CFD 2003-3 at a

10.11 CONSENT CALENDAR Packet Pg. 113
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-3 IMPROVEMENT AREA 5 FOR MUNICIPAL SERVICES
PAGE 3
special election. The proposed voting procedure shall be by special mail delivered ballots to the landowners in the proposed annexed area of Improvement Area 5 of CFD 2003-3.

Upon adoption of Resolution No. 2022-051, ballots and a waiver form will be prepared and sent to the property owners. The waiver form allows the property owners to waive the standard 90- day waiting period between the calling of the special election and the actual election, along with certain other procedures. Each property owner has agreed to sign the waiver to ensure the election occurs on an expedited basis.

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Attachment: Resolution No. 2022-051 (Exhibits A, B, and C) Annexation Map No. 7

10.11 CONSENT CALENDAR Packet Pg. 114
1 RESOLUTION NO. 2022-051

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO

DECLARING INTENTION TO ANNEX TERRITORY TO IMPROVEMENT
AREA 5 OF COMMUNITY FACILITIES DISTRICT NO. 2003-3 OF THE

CITY OF CHINO AND ADOPTING MAP OF AREAS PROPOSED TO BE
ANNEXED THERETO (ANNEXATION NO. 7)
WHEREAS, on May 6, 2008, the City Council of the City of Chino (the “City Council”) adopted Resolution No. 2008-21 (the “Resolution of Formation”) to form Improvement Area No. 5 (“Improvement Area 5”) of Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and the Community Facilities District has been established for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City of Chino (the “City”) as a result of the development of said real property; and WHEREAS, in March, 2013, the City annexed certain territory to Improvement Area 5 (“Annexation No. 1”), in January, 2019, the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 2”), on May 22, 2019 the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 3”), on July 2, 2019 the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 4”), on December 3, 2019 the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 5”) and on April 7, 2020 the City annexed certain additional territory to Improvement Area No. 5 (“Annexation No. 6”); and
WHEREAS, the City has received a petition from Homecoming V at the Preserve, LLC, a Delaware limited liability company and Town Center at the Preserve, LLC, a Delaware limited liability company (collectively, the “Owners”), the owners and developers of the territory described in Exhibit A attached hereto (the “Proposed Annexation Area”), requesting that such property be annexed to Improvement Area 5 of the Community Facilities District, and agreeing to the annual levy of special taxes on such property sufficient to pay the costs of such services and costs incidental thereto; and
WHEREAS, the City Council, acting as the legislative body of the Community Facilities District, is authorized by Article 3.5 of the Act to annex territory to Improvement Area 5 of the Community Facilities District by complying with the procedures set forth in said Article 3.5 of the Act;

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:

Section 1. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 of the Act for the annexation to Improvement Area 5 of the Community Facilities District of the Proposed Annexation Area. The City Council determines that the public convenience and necessity require that such Proposed Annexation Area be annexed to Improvement Area 5 of the Community Facilities District.

10.11.a
Annexation of Territory into Community Facilities District Packet Pg. 115 2 Section 2. Name of the Community Facilities District. The name of the existing Community Facilities District is Improvement Area 5 of Community Facilities District No. 2003-3 of the City of Chino, County of San Bernardino, State of California.

Section 3. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the Community Facilities District is described on the Fourth Amended Map of the Community Facilities District recorded on December 3, 2013 in Book 86 of Maps of Assessment and Community Facilities Districts, pages 1-7, and as Instrument No. 2013-0519677 of the official records of the County of San Bernardino. The Proposed Annexation Area proposed to be annexed to Improvement Area 5 of the Community Facilities District is described in Exhibit A attached hereto and by this reference made a part hereof. Such Proposed Annexation Area is also shown and described on the map thereof entitled “Annexation Map No. 7, Community Facilities District No. 2003-3 Improvement Area 5 of City of Chino, County of San Bernardino, State of California,” which is on file with the City Clerk (the “Annexation Map”).

Section 4. Types of Services; Incidental Expenses; Plan for Providing Services. The services to be provided and financed by Improvement Area 5 of the Community Facilities District (the “Services”) consist of services permitted under the Act and described in Exhibit A to Resolution No. 2008-021 of the City Council adopted on May 6, 2008 (the “Resolution of Formation”), including, without limitation, maintenance of parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public safety services, within or for the benefit of Improvement Area 5 of the Community Facilities District. The Community Facilities District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The services described above shall be provided, as needed, throughout Improvement Area 5 of the Community Facilities District and the Proposed Annexation Area for the benefit of all owners of property and residents of Improvement Area 5 of the Community Facilities District and the Proposed Annexation Area, and any other territory annexed thereto. All owners of taxable parcels of property within Improvement Area 5 of the Community Facilities District and the Proposed Annexation Area shall pay special taxes at the same rate to finance the annual cost of providing such services in accordance with the Rate and Method of Apportionment attached hereto as Exhibit C.

Section 5. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services described in Section 4 above and the annual administrative expenses of Improvement Area 5 of the Community Facilities District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the Proposed Annexation Area. Pursuant to Section 53340 of the Act, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than ten (10) percent. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit C attached hereto and by this reference made a part hereof. The rate of special tax to be levied on property within the Proposed Annexation Area in any fiscal year to pay the cost of the services described in Section 4 above shall be equal to the rate of special tax which will be levied on all other property within Improvement Area 5 of the Community Facilities District to pay the cost of such services in such fiscal year.

10.11.a
Annexation of Territory into Community Facilities District Packet Pg. 116 3 Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the California Streets and Highways Code, the City Council adopts the Annexation Map as the map of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District. Pursuant to Section 3111 of said Code, the Clerk of the City (the “City Clerk”) shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the public hearing specified in Section 8 below.

Section 7. Hearing. A public hearing on the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District shall be held at 7:00 p.m. on October 18, 2022 in the Council Chambers of the City Council of the City of Chino, 13220 Central Avenue, Chino, California.

Section 8. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the Act, and shall also give notice of the hearing by first class mail to each registered voter and landowner within the territory proposed to be annexed to the Community Facilities District as prescribed by Section 53339.4 of the Act. Said notice shall (i) be published in a newspaper of general circulation within the City at least seven (7) days prior to the date fixed for the public hearing, (ii) be mailed by first-class to the landowner within the Proposed Annexation Area, and (iii) contain the information required by Section 53339.4 of the Act.

Section 9. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the Proposed Annexation Area to pay for the Services thereof shall be as follows:

1. If at the time of the close of the public or protest hearing (hereinafter referred to as the “protest hearing”) at least 12 persons are registered to vote within the Proposed Annexation Area, the election shall be conducted by the Registrar of Voters of the County of San Bernardino and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 of the Act the ballots for the election shall be distributed to the qualified electors of the Proposed Annexation Area by mail with return postage prepaid and the election shall be conducted as a mail ballot election.

2. If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the Proposed Annexation Area, and pursuant to Section 53326 of the Act, the vote is therefore to be by the landowner of the Proposed Annexation Area, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows:
(a) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 of the Act which may be selected by the City Council, or such earlier date as the Owners of land within the Proposed Annexation Area and the City Clerk agree and concur is acceptable. (b) Pursuant to Section 53326 of the Act, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors within the Proposed Annexation Area waive the time limits for conducting the election set forth in said

10.11.a
Annexation of Territory into Community Facilities District Packet Pg. 117 4 Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (c) Pursuant to Section 53326 of the Act, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(d) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9314 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9315 to 9317, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution and the exhibits hereto; provided, however, that if the vote in the election is to be by the landowner of the Proposed Annexation Area, such statement, analysis and arguments may be waived with the unanimous consent of all the landowner and shall be so stated in the resolution adopted by the City Council calling the election. (e) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the Proposed Annexation Area. (f) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, the date of signing and place of execution of said declaration, and (vi) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(g) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by

10.11.a
Annexation of Territory into Community Facilities District Packet Pg. 118 5 5 o’clock p.m. on the date of the election; provided that the election shall be closed before such hour if the Clerk determines that all qualified voters have voted. (h) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council regarding the results of such canvass and the election.

The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.

PASSED AND ADOPTED by the City Council at a regular meeting held on the 6th day of September 2022.

CITY COUNCIL OF THE CITY OF CHINO
By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Angela Robles
City Clerk of the City of Chino

10.11.a
Annexation of Territory into Community Facilities District Packet Pg. 119 6 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.

CITY OF CHINO )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 6th day of September 2022, by the following votes:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS

ANGELA ROBLES, CITY CLERK
Attachments: Exhibits A, B and C

10.11.a
Annexation of Territory into Community Facilities District Packet Pg. 120 A-1

EXHIBIT A

DESCRIPTION OF THE PROPOSED ANNEXATION AREA
The property in the City of Chino, County of San Bernardino, California, identified by the San Bernardino County Assessor as Assessor’s Parcel Nos.:

APN NUMBERS

APPROXIMATE

ACREAGE
1057-431-08 9.51
1057-431-09 0.56
1057-441-05 1.07
Total Homecoming V at the
Preserve, LLC

11.14 1057-431-01 11.54
1057-441-06 2.61
Total Town Center at the
Preserve, LLC

14.15 TOTAL: 25.29

10.11.a
Annexation of Territory into Community Facilities District Packet Pg. 121 B-1

EXHIBIT B

DESCRIPTION OF PUBLIC FACILITIES AND SERVICES

TYPES OF PUBLIC FACILITIES
No Public Facilities are proposed to be funded by Improvement Area 5 of Community Facilities District No. 2003-3.

TYPES OF SERVICES
The types of Services that are proposed to be provided by Improvement Area 5 of Community Facilities District No. 2003-3 and funded with the proceeds of special taxes levied by Improvement Area 5 of Community Facilities District No. 2003-3 consist of services permitted under the MelloRoos Community Facilities Act of 1982 including, without limitation, maintenance of parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of Improvement Area 5 of Community Facilities District No. 2003- 3, and any territory annexed thereto.

10.11.a
Annexation of Territory into Community Facilities District Packet Pg. 122 C-1

EXHIBIT C

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-3

OF THE CITY OF CHINO
(Improvement Area No. 5)
The following sets forth the Rate and Method of Apportionment for the levy and collection of Annual Special Tax A in Improvement Area No. 5 of the City of Chino (“City”) Community Facilities District No. 2003-3 (“CFD No. 2003-3”). An Annual Special Tax A shall be levied on and collected in Improvement Area No. 5 of CFD No. 2003-3 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within Improvement Area No. 5, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

SECTION A

DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer.
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means any ordinary and necessary expenses allocable to the Special Tax A Requirement which are incurred by the City on behalf of Improvement Area No. 5 related to the determination of the amount of the levy of Special Tax A, the collection of Special Tax A including the expenses of collecting delinquencies, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of Improvement Area No. 5, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2003-3 relating to Improvement Area No. 5.
“Annual Special Tax A” means the Special Tax A actually levied in any Fiscal Year on any Assessor’s Parcel.
“Apartment Property” means all Assessor’s Parcels of Residential Property on which one or more Apartment Units are constructed. In cases where an Apartment Unit has been included in its own Assessor’s Parcel through the recordation of a condominium map or similar instrument that creates individual lots for which building permits may be issued without further subdivision, each Assessor’s Parcel associated with an individual lot created will be classified as Apartment Property and taxed accordingly, unless a Builder Notice has been filed with the City, in which case, each Assessor’s Parcel associated with an individual lot created will be classified as Single Family Property and taxed accordingly.
“Apartment Unit” means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management.

10.11.a
Annexation of Territory into Community Facilities District Packet Pg. 123 C-2
“Approved Property” means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before March 1st preceding the Fiscal Year in which the Special Tax A is being levied. “Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number within the boundaries of Improvement Area No. 5. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Builder Notice” means a certified written notice to the Finance Director of the City filed by the owner of the Assessor’s Parcels within a Final Map at or prior to the time the Final Map is recorded stating that residential uses, other than Apartment Units, are planned to be constructed within such Final Map area.
“Building Square Footage” or “BSF” means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor’s Parcel and subject to verification by City Staff.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD No. 2003-3” means Community Facilities District No. 2003-3 established by the City under the Act.
“City Council” means the City Council of the City of Chino, acting as the Legislative Body of CFD No. 2003-3, or its designee.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to March 1st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) a building permit was issued on or before March 1st preceding the Fiscal Year in which the Special Tax A is being levied. “Exempt Property” means all Assessor’s Parcels designated as being exempt from Special Tax A as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period commencing July 1 of any year and ending the following June 30.

10.11.a
Annexation of Territory into Community Facilities District Packet Pg. 124 C-3
“Improvement Area No. 5” means Improvement Area No. 5 of CFD No. 2003-3, as identified on the third amended boundary map for CFD No. 2003-3.
“Maximum Special Tax A” means the Maximum Special Tax A, determined in accordance with Section C that can be levied by CFD No. 2003-3 within in any Fiscal Year on any Assessor’s Parcel.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for any type of non-residential use. “Proportionately,” in the case of Special Tax A, means that the ratio of the Annual Special Tax A levy to the applicable Maximum Special Tax A is equal for all applicable Assessor’s Parcels. “Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. “Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, maintenance of parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2003-3.
“Single Family Property” means all Assessor’s Parcels of Residential Property other than Apartment Property.
“Single Family Unit” means a dwelling unit other than an Apartment Unit. “Special Tax A” means any of the special taxes authorized to be levied within CFD No. 2003-3 pursuant to the Act to fund the Special Tax A Requirement. “Special Tax A Requirement” means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2003-3 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) Services, and (ii) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
“Taxable Property” means all Assessor’s Parcels within Improvement Area No. 5, which are not Exempt Property.
“Undeveloped Property” means all Assessor’s Parcels of Taxable Property which are not Developed Property or Approved Property.

SECTION B
CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2008-09, each Assessor’s Parcel within Improvement Area No. 5 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, or Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property shall further be classified as Residential Property or Non-Residential Property. Lastly, each Assessor’s Parcel of Residential Property shall further be classified as Single Family

10.11.a
Annexation of Territory into Community Facilities District Packet Pg. 125 C-4
Property or Apartment Property, and the Building Square Footage of each Single Family Unit or Apartment Unit within each such Assessor’s Parcel shall be determined.

SECTION C

MAXIMUM SPECIAL TAX A

1. Developed Property
Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property for each Land Use Type is shown below in Table 1.

TABLE 1
Maximum Special Tax A for Developed Property
Land Use Type Building Square Footage Rate
Single Family Unit Less than 1,050 $223 per Unit
Single Family Unit 1,050– 1,199 $242 per Unit
Single Family Unit 1,200 – 1,349 $261 per Unit
Single Family Unit 1,350 – 1,499 $280 per Unit
Single Family Unit 1,500 – 1,649 $299 per Unit
Single Family Unit 1,650 – 1,799 $319 per Unit
Single Family Unit 1,800 – 1,949 $339 per Unit
Single Family Unit 1,950 – 2,099 $359 per Unit
Single Family Unit 2,100 – 2,249 $379 per Unit
Single Family Unit 2,250 – 2,399 $399 per Unit
Single Family Unit 2,400 – 2,549 $419 per Unit
Single Family Unit 2,550 – 2,699 $439 per Unit
Single Family Unit 2,700 – 2,849 $459 per Unit
Single Family Unit 2,850 – 2,999 $479 per Unit
Single Family Unit 3,000 – 3,149 $499 per Unit
Single Family Unit 3,150 – 3,299 $519 per Unit
Single Family Unit 3,300 – 3,449 $540 per Unit
Single Family Unit 3,450 – 3,599 $561 per Unit
Single Family Unit 3,600 – 3,749 $582 per Unit
Single Family Unit 3,750 or Greater $603 per Unit
Apartment Unit Less than 850 $108 per Unit
Apartment Unit 850-1,049 $123 per Unit
Apartment Unit 1,050 or greater $138 per Unit
Non-Residential Property N/A $1,450 per Acre

2. Approved Property and Undeveloped Property
No Special Tax A shall be levied on Approved Property and Undeveloped Property.

10.11.a
Annexation of Territory into Community Facilities District Packet Pg. 126 C-5

SECTION D

METHOD OF APPORTIONMENT OF THE MAXIMUM SPECIAL TAX A
Commencing with Fiscal Year 2008-09 and for each following Fiscal Year, the City shall levy the Special Tax A at up to 100% of the applicable Maximum Special Tax A, Proportionately on each Assessor’s Parcel of Developed Property until the amount of Special Tax A equals the Special Tax A Requirement.

SECTION E

PREPAYMENT OF ANNUAL SPECIAL TAX A
The Special Tax A cannot be prepaid.

SECTION F

TERM OF SPECIAL TAX A
For each Fiscal Year, the Special Tax A shall be levied in perpetuity as long as the Services are being provided.

SECTION G

EXEMPTIONS
The City shall classify Exempt Property within Improvement Area 5 as (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners’ association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses or classified as Agricultural Buffer Property, or (vi) other types of public uses determined by the City Council.

SECTION H

APPEALS
Any property owner claiming that the amount or application of the Special Tax A is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax A that is disputed. A representative(s) of CFD No. 2003-3 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax A, and rule on the appeal. If the representative’s decision requires that the Special Tax A for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Annual Special Tax A on that Assessor’s Parcel in the subsequent Fiscal Year(s).

10.11.a
Annexation of Territory into Community Facilities District Packet Pg. 127 C-6

SECTION I

MANNER OF COLLECTION
The Annual Special Tax A shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2003-3 may collect the Annual Special Tax A at a different time or in a different manner if necessary to meet its financial obligations.

10.11.a
Annexation of Territory into Community Facilities District Packet Pg. 128

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARY OF ANNEXATION NO. 7 TO IMPROVEMENT AREA NO. 5 OF COMMUNITY FACILITIES DISTRICT NO. 2003-3, CITY OF CHINO, COUNTY

OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS APPROVED BY THE

CITY COUNCIL OF SAID CITY OF CHINO AT A REGULAR MEETING THEREOF HELD ON THE ______ DAY OF ________________, 2022, BY RESOLUTION NO. ______________________.
_____________________________________

CITY CLERK, CITY OF CHINO
SHEET 1 OF 1
M:\GIS-Assessment\Chino\Chino_CFD2003-3_IA5_Annex7.mxd
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THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL

OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND

DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY
ASSESSOR'S MAPS FOR FISCAL YEAR 2022-23.

ANNEXATION MAP NO. 7

PROJECT

LOCATION

PINE AVE

KIMBALL AVE

BICKMORE AVE
³
COMMUNITY FACILITIES DISTRICT NO. 2003-3
IMPROVEMENT AREA NO. 5

OF THE CITY OF CHINO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

VICINITY MAP

NOT TO SCALE
³
0 500 1,000 1,500
Feet

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE

THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER
__________________________ THIS _____ DAY OF
__________________ 20___ AT __________ M.

IN BOOK _________________ OF _______________________
AT PAGE _________________ AT THE REQUEST OF
_______________________________________ IN THE
AMOUNT OF $_______________________________

BOB DUTTON

ASSESSOR-RECORDER

COUNTY OF SAN BERNARDINO
BY: ______________________________________

DEPUTY RECORDER

THIS MAP SHOWS THE BOUNDARIES OF THE AREA PROPOSED TO BE ANNEXED INTO IMPROVEMENT AREA NO. 5 OF COMMUNITY
FACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO, COUNTY

OF SAN BERNARDINO, STATE OF CALIFORNA, THE BOUNDARIES OF

WHICH COMMUNITY FACILITIES DISTRICT ORIGINAL BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2003-083346 IN BOOK 76 OF

MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 11-17. THE FIRST AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2005-0195713 IN BOOK 78 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 8-14, THE SECOND AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO.
2005-0719640 IN BOOK 78 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 84-90, THE THIRD AMENDED
BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2008-0142286 IN BOOK 83 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 79-85, AND THE FOURTH AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2013-0519677 IN BOOK 86

OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 1-7. ALL MAPS HAVE BEEN RECORDED IN THE OFFICE OF THE

COUNTY RECORDER FOR THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

FILED IN THE OFFICE OF THE CITY CLERK OF CHINO
ON THIS ______ DAY OF _______________ , 2022
BY: _______________________________________

CITY CLERK, CITY OF CHINO
LEGEND

ANNEXATION BOUNDARY

PARCEL BOUNDARY

XXXX-XXX-XX-XXXX ASSESSOR'S PARCEL NUMBER

APN LIST
1057-431-01-0000
1057-431-08-0000
1057-431-09-0000
1057-441-05-0000
1057-441-06-0000

10.11.b
Annexation of Territory into Community Facilities District Packet Pg. 129 Revenue: Expenditure: 5207310-40000-WA231, 5207310-40000-WA232, 3207140-48007-NC231 Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: APPROPRIATION OF FUNDS FOR FISCAL YEAR 2021-2022.

RECOMMENDATION
1) Appropriate $1,400 from the unappropriated reserves of the Water Fund 520 for projects WA231 and WA232; 2) appropriate $6,538.00 from the Transportation Fund 320 with a corresponding year end transfer from the General Fund 100 for project NC231; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Appropriate $1,400 from the Water Fund 520 for Project WA231 ($1,260) and WA232 ($140) and appropriate $6,538 to the Transportation Fund 320, with a corresponding year end transfer from the General Fund 100 for project NC231, in Fiscal Year 2021-2022. There is a sufficient fund balance for this purpose.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

10.12 CONSENT CALENDAR Packet Pg. 130
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: APPROPRIATION OF FUNDS FOR FISCAL YEAR 2021-2022 PAGE 2

BACKGROUND
On June 21, 2022, City Council approved three new Capital Improvement Projects WA231, WA232, and NC231 for Fiscal Year 2022-2023. In anticipation of developing the three projects in FY2022-2023, City staff sought assistance from two consultants on the City's existing CIP Consultant On-Call list. The work completed by the City's consultants, Z & K Consultants, Inc., and Wallace and Associates Consulting, LLC., consisted of preliminary work, drafting scopes, and completing cost estimates for potential bidders.

Both on-call consultants provide similar services for a variety of projects. The work completed by Z & K Consultants, Inc., and Wallace and Associates Consulting, LLC., was not funded for Fiscal Year 2021-2022; therefore, City staff is requesting an appropriation of funds for Projects WA231, WA232, and NC231 in a total overall amount not-to-exceed $7,938.00 to pay off outstanding invoices.

Provided below is the breakdown of the invoices for each vendor and project:

Z & K Consulting, Inc.

Project WA231 - Wells 4 & 6 $1,260.00
Project WA232 - Eastside Reservoir $140.00
Project NC231 - Localized AC Patch Repairs $4,692.00
Total Amount $6,092.00
Wallace and Associates Consulting, LLC
Project NC231 - Localized AC Patch Repairs $1,846.00
Total Amount $1,846.00

ISSUES/ANALYSIS
Approval from the City Council is needed to pay off invoices in Fiscal Year 2021-2022. Staff is requesting an appropriation of funds from the Water Fund and Transportation Fund balance for Projects WA231, WA232, and NC231 in a total overall amount not-to-exceed $7,938.00.

10.12 CONSENT CALENDAR Packet Pg. 131
Revenue: Expenditure: 1004200-43650; 10020403-40000-C2009

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: VENDOR CAP INCREASE - DATA TICKET AND CIVICPLUS.

RECOMMENDATION
1) Approve a retroactive increase to the FY 2021-22 vendor cap for Data Ticket by $21,000 and for CivicPlus by $158; 2) appropriate $21,000 from the unappropriated reserves of the General Fund and increase the revenue by the same amount; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
An additional appropriation of $21,000 from the General Fund reserves and an increase to the revenue. There is sufficient General Fund reserves for this transaction. The increased cost for Data Ticket is off-set by the additional revenues received from the truck route enforcement program.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

10.13 CONSENT CALENDAR Packet Pg. 132
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: VENDOR CAP INCREASE - DATA TICKET AND CIVICPLUS PAGE 2

BACKGROUND
City Council authorization is required when the combined total of purchase orders and agreements to one vendor exceeds $50,000.00. On June 15, 2021, City Council approved the Fiscal Year 2021-22 vendor cap for Data Ticket Inc. for $58,200, and for CivicPlus LLC for $51,703.01.

ISSUES/ANALYSIS
Data Ticket, Inc.

The City of Chino currently uses Data Ticket, Inc. for citation processing services for citywide parking and administrative citations. The services are used by the Police Department, Utility Billing Division, and Code Enforcement Division. Due to the Police Department’s proactive commercial traffic enforcement, the quantity of citations to be processed by Data Ticket has increased by 60 percent. This actual percentage is higher than projected, so an increase in the vendor cap in the amount of $21,000 is needed to cover the citation processing costs for Fiscal Year 2021-22. This brings the total vendor cap for Data Ticket to $79,200. An additional appropriation of expenditures and revenue will be required.

This increase in cost is offset by the additional revenues received from the truck route citation revenues received by the City.

CivicPlus LLC
The City of Chino used CivicPlus, LLC to revamp the City’s website. During the implementation project in Fiscal Year 2021-22, the Chino Police Department required an additional service from CivicPlus in the form of an additional Secure Sockets Layer (“SSL”). By purchasing an additional SSL, Chino PD was able to connect their department-based website domain name “chinopd.org” to the City’s main site (Domain name, “cityofchino.org”) while also securing their online forms. The cost of the additional SSL is $158.

Therefore, an increase in the amount of $158 to the existing vendor cap is needed to cover the additional cost for Fiscal Year 2021-22. This increase will create a new total vendor cap for CivicPlus to $51,861.01 for Fiscal Year 2021-22.

RB/RM:hm

10.13 CONSENT CALENDAR Packet Pg. 133
Revenue: Expenditure: 6607400-48070
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: PURCHASE ORDER APPROVAL WITH NATIONAL AUTO FLEET GROUP.

RECOMMENDATION
1) Approve a Purchase Order and vendor cap increase for National Auto Fleet Group, Watsonville, CA in the amount of $51,579.93 for Fiscal Year 2022-23; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2022-23 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

10.14 CONSENT CALENDAR Packet Pg. 134
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: PURCHASE ORDER APPROVAL WITH NATIONAL AUTO FLEET GROUP PAGE 2

BACKGROUND
For Fiscal Year 2021-22, a 2009 Ford van unit #129 assigned to the Police Department was scheduled for replacement. On June 18, 2021, a bid notice was published on Planet Bids and broadcasted to 58 dealerships. On July 6, 2021, the City received no bids for this solicitation.

In an effort to optimize financial resources, Section 3.32.060(B)(2) of the City’s Purchasing Ordinance allows the City to take advantage of competitive bids awarded to contractors and vendors by other public agencies. This process has been utilized previously to purchase a variety of products and services utilized throughout the City.

On July 28, 2021, the National Joint Powers Alliance (NJPA) (Sourcewell) issued a Request for Proposal (RFP #091521) and conducted a nationwide competitive bid process for the procurement of vehicles, cars, vans, SUVs, and light trucks with related equipment, accessories, and services. As a result, National Auto Fleet Group, Watsonville, CA, was selected as the vendor to provide these types of vehicles utilizing NJPA/Sourcewell’s bid program through November 8, 2025.

Therefore, the City contacted National Auto Fleet Group, Watsonville, CA, and requested pricing (utilizing Sourcewell’s Contract No. 091521-NAF).

The price quote was accepted, and a purchase order was approved and issued to National Auto Fleet Group, Watsonville, CA, in the amount of $36,716.50. As a result of the COVID-19 Pandemic, Ford notified the vendor of a supply chain and production shortage, causing Ford to stop production, cancel orders, and stop accepting new orders of various models earlier than expected.

ISSUES/ANALYSIS
Staff has been coordinating efforts with National Auto Fleet Group to continue to proceed with the order of this vehicle. Unfortunately, the vehicle will now be a Model Year 2023 instead of a Model Year 2022. Ford released pricing for Model Year 2023 vehicles and National Auto Fleet Group has provided staff with the updated pricing for the respective models. The updated pricing results in an increase from what was originally approved in Fiscal Year 2021, netting a $14,863.43 price increase due to Ford’s decision stop producing and cancel orders for some Model Year 2022 vehicles.

While the City could reject the price increase and develop a new bid package, given the prevailing economic conditions and rising costs, staff believes rejecting the bid would not result in added benefits or savings to the City. Therefore, it is staff’s intention to continue with ordering this vehicle. However, the City will need to provide National Auto Fleet Group with a new purchase order to account for the price increase.

Therefore, staff recommends that City Council approve a new purchase order to National Auto Fleet Group, Watsonville, CA in the amount of $51,579.93.

10.14 CONSENT CALENDAR Packet Pg. 135
Revenue: 3308120-58040 Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: MICHELLE DAWSON, INTERIM COMMUNITY SERVICES DIRECTOR SUBJECT: CONTRACT APPROVAL - HUMAN SERVICES PROGRAMS FOR RESIDENTS OF CHINO HILLS.

RECOMMENDATION
1) Approve a contract retroactive to July 1, 2022 with the City of Chino Hills in the amount of $184,949.65 for the provision of Human Services programs for residents of Chino Hills for FY 2022-23, 2) increase the corresponding revenue by $26,950; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Increase the revenue budget by $26,950 to correspond to the contract.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

10.15 CONSENT CALENDAR Packet Pg. 136
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: CONTRACT APPROVAL - HUMAN SERVICES PROGRAMS FOR RESIDENTS

OF CHINO HILLS
PAGE 2

BACKGROUND
The City of Chino Community Services Department has a long-standing history of providing Human Services programs to all students in the Chino Valley Unified School District (CVUSD).

The CVUSD is unable to employ the expert staff to facilitate these programs; therefore, contracts with the City of Chino (Chino) to offer these services.

Many of these programs are funded by grants the CVUSD receives and some of the administrative costs are not reimbursable. Due to the positive impacts of these programs, the CVUSD and Chino contribute to the ongoing program costs not covered by the grants.

The City of Chino Hills (Chino Hills) also sees the benefits of these programs and reimburses Chino for the direct and indirect costs associated with the services provided to Chino Hills’ residents. Chino Hills has received these services for more than 20 years.

ISSUES/ANALYSIS
This agreement requires Chino Hills to reimburse Chino for programs provided to Chino Hills’ residents. The estimated costs for these services in FY 2022-23 are $184,949.65. There is sufficient revenue included in the FY 2022-23 budget. The Human Services programs provided for Chino Hills residents in the 2022-2023 school year are:
• HOPE Family Resource Centers
• McKinney-Vento CARE (Credit Academic Recovery Education) Program • American Recovery Plan I
• American Recovery Plan II
• Teen Counseling
• Youth Counseling
• Tobacco Use Prevention Education (TUPE)
The Chino Hills City Council approved this agreement at its August 9, 2022 meeting.

Attachments: Chino Hills Agreement
A - City of Chino Hills Salaries Worksheet - (FY 2022-23) B - City of Chino Hills Programs Worksheet - (FY 2022-23)

10.15 CONSENT CALENDAR Packet Pg. 137

Page 1 ends

CHINO CONTRACT NO.: ______________
APPROVED: ______________

AGREEMENT

CITY OF CHINO AND CITY OF CHINO HILLS

HUMAN SERVICES PROGRAMS
FY 2022-2023
This agreement, entered into this 1
st day of July 2022, by and between the City of Chino, a municipal corporation, herein referred to as “Chino” and the City of Chino Hills, a municipal corporation, herein referred to as “Chino Hills” includes the terms and conditions regarding the Human Services Programs provided to the Chino Valley Unified School District (District).

Whereas, Chino and Chino Hills have joined together to deliver a comprehensive Human Services Program, to the areas commonly referred to as the Chino Valley, through the Chino Valley Unified School District. The Human Services Program provides youth and adults with effective and positive programs in which to participate.

Whereas, services provided in the Human Services Program include individual and family counseling which address delinquency diversion, abuse, low mood, anxiety, family relations, and other social adjustment issues. Services are expected to be provided in-person at the school sites unless schools return to Distance Learning; in which case, services will be provided through telehealth.

I. HUMAN SERVICES PROGRAMS
The City of Chino, Human Services, shall provide and administer the following programs to the City of Chino Hills:

A. HOPE FAMILY RESOURCE CENTERS
The HOPE Family Resource Centers are school-based service sites dedicated to preserving and strengthening local families in need of support. Six resource centers and three satellite sites, strategically located and accessible from all areas of the District, will house a bilingual Case Manager to work closely with school administration and District staff to identify students and families in need of assistance. One of the six resource centers is located at the Alternative Education Center in the City of Chino Hills. The Case Manager can assist students and families with Medi-Cal/CalFresh/CalWORKs applications, food, clothing, childcare/preschool information, counseling, parenting support, emergency housing, tutoring information, and more. Case Management services will be provided in-person unless schools return to Distance Learning, in which services will be provided via telehealth and/or drive-through pick-up for all necessary emergency items like food, hygiene, and school supplies. In addition, a HOPE Counselor provides counseling services to students referred through the HOPE Family Resource Centers.

Services will be provided at the students’ respective school sites, at the agency, or by

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telehealth, if special circumstances require it. Counselor will also provide referrals for families that have special needs and need higher.

B. MCKINNEY-VENTO CASE MANAGEMENT AND COUNSELING PROGRAM The McKinney-Vento Case Management program serves homeless students, unaccompanied youth, and families by ensuring school stability and providing support services for academic success. Students and families temporarily sharing housing due to economic hardship, the loss of their own housing, living in a motel, hotel, trailer park, emergency or transitional shelter, campground, or vehicle may be eligible to certain educational rights and services under the McKinney-Vento Homeless Assistance Act.

Case Managers are available to assist with resources and referrals for housing, emergency and transitional shelters, counseling, health services, food, clothing, school supplies, hygiene items, and more. Case Managers will also monitor student's academic progress and attendance, and will provide additional supportive services as needed. In addition, a CARE Counselor provides counseling services to students and/or family referred through the Mc-Kinney Vento Children’s Academic Recovery Education (CARE) program.

Services will be provided at the students’ respective school sites, at the agency, or by telehealth, if special circumstances require it. Counselor will also provide referrals for families that have special needs and need higher.

C. AMERICAN RECOVERY PLAN I & II
The American Recovery Plan (ARP) I and II Case Management Programs provide supplemental case management services to homeless students, unaccompanied youth, and families enrolled in the McKinney-Vento CARE program by ensuring school stability and providing support services for academic success. Case Managers assist with resources and referrals for housing, emergency and transitional shelters, counseling, health services, food, clothing, school supplies, hygiene items, and more. In addition, Case Managers will monitor student's academic progress and attendance, and will provide additional supportive services as needed.

D. TEEN COUNSELING
The Teen Counseling program provides counseling services to middle and high school students. This program helps teens deal with school, family, academic behavioral, peer adjustment issues, such as bullying and other social issues. This program is designed to provide short-term counseling, guidance with behavioral issues, and positive dialogue opportunities. Administrator evaluations are requested.

E. YOUTH COUNSELING
The Youth Counseling program provides assistance to elementary school-aged children who are in need of guidance with behavioral issues, self-esteem, bullying, and other social issues.

Administrator evaluations will be conducted at the end of each school year to gauge program success and to make program adjustments for the following year.

F. TOBACCO USE PREVENTION EDUCATION PROGRAM (TUPE)
The Tobacco Use Prevention Education Program (TUPE) consists of six intervention/prevention programs: Model Smoking Prevention Program (MSPP), Project ALERT, Project ALERT Booster, Smokeless Saturdays, and Smoking Cessations, known as Call it Quits (CIQ). The MSPP is designed to help sixth grade students resist the pressure to use tobacco. The program helps identify reasons kids smoke. Project ALERT and Project ALERT Booster are substance abuse programs designed for junior high

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students and gives them insight, understanding, and skills for resisting substance abuse.

Smokeless Saturdays helps junior high and high school students make healthy choices when it comes to smoking or using any tobacco products. Smoking Cessation known in the schools as Call it Quits (CIQ) is a program led by a Brief Intervention Counselor designed for high school students and is a confidential voluntary group that meets once a week during class or after school. Students learn coping strategies, how to handle stress in better healthier ways, and get support from their peers while moving toward a healthier lifestyle.

II. PROGRESS REPORTS
Participation reports outlining programming activity shall be forwarded to the City of Chino Hills semi-annually. The first report shall summarize program activity from July 1, through December 31, 2022, and the second shall provide information from January 1, through June 30, 2023. These reports shall be delivered to the City of Chino Hills within 30 days after the end of the reporting period. Each set of reports shall include:

A. INFORMATIONAL ITEMS: Items such as curriculum changes and brochures.

B. STATISTICS: Statistical data indicating units of services provided to the residents of Chino Hills.

C. PROGRAM EVALUATIONS: A narrative will summarize, analyze, and constructively critique the programs. It will provide participant breakdowns by schools and the results of the pre- and post-tests (where applicable). Program summary will be completed with the second half report.

III. BILLINGS AND PAYMENTS
A. BILLINGS
Chino shall provide semi-annual billing statements to Chino Hills.

These statements shall be included with the semi-annual progress report. Billing invoices shall include cost recovery for program administration and other related costs, such as supplies. Program costs shall be reimbursed at a rate based on the "actual" percentage of Chino Hills students served for each program. The attached contract total reflects an estimated contract rate based on historical participation of 40%. In addition to program cost, 22% for General Overhead shall be due.

General Overhead shall include 22% of Community Services Department overhead.

Community Services Department overhead shall include expenses charged and distributed to the Human Services Program budget.

B. PAYMENTS
Chino Hills shall remit payment to Chino within 30 days of receipt of billing statement. Payment shall be made payable to "City of Chino" and shall be sent to:

City of Chino
Community Services Department
Attn: Janelle Bower
13220 Central Avenue

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Chino, CA 91710
IV. FUNDING AND MID-YEAR ADJUSTMENTS
The services to be provided in this Agreement are conditional upon funding availability and may immediately terminate should the funding be eliminated. In the event of unpredicted changes (such as, funding decreases or increases), a mid-year adjustment to this agreement may be required.

Necessary adjustments shall be discussed by both parties, mutually agreed upon, and formalized through an amendment to this Agreement.

Any new programs received and/or developed mid-year shall be presented to Chino Hills for an opportunity to participate. Should additional services or programs be requested, the responsibilities and costs of such shall also be formalized through an amendment to this Agreement.

V. TERM, RENEWAL, AND TERMINATION
A. TERM AND RENEWAL
This Agreement shall, unless sooner terminated as hereinafter provided, remain in force for a period of twelve months commencing July 1, 2022, and terminating on June 30, 2023. Not earlier than one hundred-twenty (120) days, and not later than sixty (60) days, prior to the end of the term hereof, the parties agree to meet and confer to negotiate continuing this Agreement for the next succeeding year and the terms thereof; provided that neither party shall be required to continue this agreement beyond the original term, that neither party shall be required to negotiate for more than (60) days and that neither party shall be prevented from exercising any rights retained under this Agreement solely because of such negotiations.

B. TERMINATION
At any time during the term hereof, the obligations of the parties hereunder may be terminated by either party with or without cause effective sixty (60) days after written notice to the other party of its election to so terminate.

VI. NOTICE
All notices under this Agreement shall be in writing and shall be delivered by courier service or by certified or registered mail, postage prepaid, return receipt requested, of the parties. Any written notice to any of the parties required or permitted hereunder shall be deemed to have been duly given on the date of service if served personally or if served by facsimile transmission (with confirmation of receipt), or seventy-two (72) hours after the mailing. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. Notices of the parties shall be addressed as follows:

To CHINO HILLS: City Clerk
City of Chino Hills
14000 City Center Drive
Chino Hills, CA 91709
To CHINO: June Sano

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City of Chino
13201 Central Avenue
Chino, CA 91710
Each party shall provide the other party with telephone and written notice of any change in address as soon as practicable.

VII. INDEMNITY/INSURANCE
Neither Chino nor any officer or employee of Chino shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of Chino Hills under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Chino Hills under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, Chino Hills shall fully indemnify, defend, and hold Chino harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of Chino Hills under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Chino Hills under this Agreement.

Neither Chino Hills nor any officer or employee of Chino Hills shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of Chino under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Chino under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, Chino shall fully indemnify, defend, and hold Chino Hills harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of Chino under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Chino under this Agreement.

Each party shall comply with all Federal, State, and local laws and ordinances applicable to such work and shall provide general liability insurance, $1 million single limits or if self-insured, each party will provide proof of self-insurance to the other party.

VIII. GOVERNING LAW
This Agreement shall be governed by, construed in accordance with, and interpreted under the laws of the State of California and shall be deemed to have been entered into in Chino, California, for purposes of venue no matter where actually executed.

IX. SEVERABILITY
If any provision of this Agreement shall be determined to be contrary to law or unenforceable, the remaining provisions shall, at the option of the party who would have been benefited by such unenforceable provision, be severable and enforceable in accordance with their terms.

X. ENTIRE AGREEMENT
This Agreement, the Schedules attached hereto, and any other document delivered pursuant hereto, constitute the entire agreement of the parties. No changes, modifications, or additions to the Agreement shall be valid unless the same shall be in writing, signed by all parties hereto, and made in accordance with the provisions of this Agreement.

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XI. AMENDMENTS
This Agreement may be amended only in writing signed by all parties hereto.

XII. ATTORNEY'S FEES
The Parties each agree that, in the event of any breach of this Agreement, the party aggrieved shall be entitled to recover from the party who breaches, in addition to any other relief provided by law, such costs and expenses as may be incurred by said party, including court costs, attorney's fees, and other costs and expenses, taxable or otherwise, reasonably necessary in preparing the defense of, defending against, or seeking or obtaining an abatement of, or an injunction against, such action or proceeding, or in enforcing this Agreement, or in establishing or maintaining the applicability of, or the validity of, this Agreement, or any provision thereof, and in the prosecuting any counterclaim or cross-complaint based thereon.

XIII. COUNTERPARTS
This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument, but the parties agree that the agreement on file in the Office of Chino's City Clerk is the version of the Agreement that shall take precedent should any differences exist among counterparts of the document. (Signatures on next page)

10.15.a
Contract Approval - Human Services Programs for Packet Pg. 143

Page 7 ends

CITY OF CHINO CITY OF CHINO HILLS
APPROVED BY: APPROVED BY:

Linda Reich, City Manager Brian Johsz, Mayor

DATE DATE
ATTEST: ATTEST:

Angela Robles, City Clerk DATE Cheryl Balz, City Clerk DATE APPROVED AS TO CONTENT: APPROVED AS TO FORM:

Michelle Dawson DATE Mark D. Hensley DATE
Interim Director of Community Services City Attorney
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Fred Galante, City Attorney
Attachments:

A – City of Chino Hills Salaries Worksheet - (FY 2022-23) B – City of Chino Hills Programs Worksheet - (FY 2022-23)

10.15.a
Contract Approval - Human Services Programs for Packet Pg. 144 Hope Family Teen Youth McKinney- ARP I/MV ARP II/MV TOTAL Full Time Salaries Resource Center Counseling Counseling Vento Case Mgmt Support Srvcs TUPE Supervisor 35.0% 10.0% 10.0% 10.0% 5.0% 5.0% 5.0% 80.0% $ 7,548.00 26,418.00 $ 7,548.00 $ 7,548.00 $ 3,774.00 $ 3,774.00 $ 3,865.80 $ 60,475.80 $ Clinical Specialist 4.5% 10.0% 10.0% 5.0% 2.0% 2.0% 0.0% 33.5% $ 11,314.80 5,091.66 $ 11,314.80 $ 5,657.40 $ 2,262.96 $ 2,262.96 $ - $ 37,904.58 $ 100.0% 25% 25% 15% 0% 0% 20.0% 185.0%
Coordinator 62,832.0 $ 16,494.0 0 $ 16,494.0 0 $ 9,896.40 0 $ - $ - $ 13,195.2 $ 118,911.6 0 $ 0Subtotal 94,341.66 $ 35,356.80 $ 35,356.80 $ 23,101.80 $ 6,036.96 $ 6,036.96 $ 17,061.00 $ 217,291.98 $ Benefits (65%) 61,322.08 $ 22,981.92 $ 22,981.92 $ 15,016.17 $ 3,924.02 $ 3,924.02 $ 11,089.65 $ 141,239.79 $ TOTAL 155,663.74 $ 58,338.72 $ 58,338.72 $ 38,117.97 $ 9,960.98 $ 9,960.98 $ 28,150.65 $ 358,531.77 $ Part Time SalariesAccount Technician (20%) 1,651.00 $ 1,651.00 $ 1,651.00 $ 1,651.00 $ 1,651.00 $ 1,651.00 $ 1,651.00 $ 11,557.00 $ Direct Program Staff 211,385.00 $ 101,015.36 $ 119,100.48 $ 68,607.00 $ 31,148.00 $ 129,508.00 $ 53,258.00 $ 714,021.84 $ Subtotal 213,036.00 $ 102,666.36 $ 120,751.48 $ 70,258.00 $ 32,799.00 $ 131,159.00 $ 54,909.00 $ 725,578.84 $ Benefit (22%) 46,867.92 $ 22,586.60 $ 26,565.33 $ 15,456.76 $ 7,215.78 $ 28,854.98 $ 12,079.98 $ 159,627.34 $ TOTALS: 259,903.92 $ 125,252.96 $ 147,316.81 $ 85,714.76 $ 40,014.78 $ 160,013.98 $ 66,988.98 $ 885,206.18 $ Central Services (22%) 318.78 $ 318.78 $ 318.78 $ 318.78 $ 318.78 $ 318.78 $ 318.78 $ 2,231.46 $ Insurance Allocated (22%) 448.30 $ 448.30 $ 448.30 $ 448.30 $ 448.30 $ 448.30 $ 448.30 $ 3,138.08 $ Building Allocated (22%) 3,268.16 $ 3,268.16 $ 3,268.16 $ 3,268.16 $ 3,268.16 $ 3,268.16 $ 3,268.16 $ 22,877.14 $ Operations (100%) 12,950.00 $ 800.00 $ 2,435.50 $ 1,300.00 $ 2,000.00 $ 2,000.00 $ 6,025.00 $ 27,510.50 $ Subtotal 16,985.24 $ 4,835.24 $ 6,470.74 $ 5,335.24 $ 6,035.24 $ 6,035.24 $ 10,060.24 $ 55,757.18 $ TOTALS: 432,552.90 $ 188,426.92 $ 212,126.27 $ 129,167.97 $ 56,011.00 $ 176,010.20 $ 105,199.87 $ 1,299,495.13 $

ATTACHMENT A

CITY OF CHINO

SALARIES WORKSHEET
FY 2022-23
8/24/2022 ATTACHMENT A

10.15.b
Contract Approval - Human Services Programs for Packet Pg. 145 Hope Family Teen Youth McKinney- ARP I/MV ARP II/MV
Resource Center Counseling Counseling Vento Case Mgmt Support Srvcs TUPE Full Time Salaries $ 35,356.80 94,341.66 $ 35,356.80 $ 23,101.80 $ 6,036.96 $ 6,036.96 $ 17,061.00 $ 217,291.98 $ Part Time Salaries $ 102,666.36 213,036.00 $ 120,751.48 $ 70,258.00 $ 32,799.00 $ 131,159.00 $ 54,909.00 $ 725,578.84 $ Benefits $ 45,568.52 108,190.00 $ 49,547.25 $ 30,472.93 $ 11,139.80 $ 32,779.00 $ 23,169.63 $ 300,867.13 $ Central Services $ 318.78 318.78 $ 318.78 $ 318.78 $ 318.78 $ 318.78 $ 318.78 $ 2,231.46 $ Insurance Allocated $ 448.30 448.30 $ 448.30 $ 448.30 $ 448.30 $ 448.30 $ 448.30 $ 3,138.08 $ Building Allocated $ 3,268.16 3,268.16 $ 3,268.16 $ 3,268.16 $ 3,268.16 $ 3,268.16 $ 3,268.16 $ 22,877.14 $ Operations $ 800.00 12,950.00 $ 2,435.50 $ 1,300.00 $ 2,000.00 $ 2,000.00 $ 6,025.00 $ 27,510.50 $ Sub Total Cost 432,552.90 $ 188,426.92 $ 212,126.27 $ 129,167.97 $ 56,011.00 $ 176,010.20 $ 105,199.87 $ 1,299,495.13 $ Revenue $ 43,000.00 390,000.00 $ 48,121.00 $ 85,000.00 $ 40,000.00 $ 160,000.00 $ 71,000.00 $ 837,121.00 $ Total Net 42,552.90 $ 145,426.92 $ 164,005.27 $ 44,167.97 $ 16,011.00 $ 16,010.20 $ 34,199.87 $ 462,374.13 $ Cost to Chino Hills
Based on 40% Actuals $ 58,170.77 17,021.16 $ 65,602.11 $ 17,667.19 $ 6,404.40 $ 6,404.08 $ 13,679.95 $ 184,949.65 $ Total

ATTACHMENT B

CITY OF CHINO

PROGRAMS WORKSHEET
FY 2022-23
8/24/2022 ATTACHMENT B

10.15.c
Contract Approval - Human Services Programs for Packet Pg. 146 Revenue: Expenditure: 1007010-43570
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: CONTRACT AMENDMENT NO. 1 - ON-CALL TRAFFIC PLAN CHECK AND

OTHER RELATED SERVICES (ADVANTEC CONSULTING ENGINEERS,
INC.).

RECOMMENDATION
Approve an amendment in the amount of $40,000 to Advantec Consulting Engineers, Inc., Diamond Bar, CA for traffic plan check and other related services for a total contract not to exceed $100,000; and authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There are sufficient funds in FY 2022-23 adopted budget. Costs associated with this agreement are offset by plan check revenue collected.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

10.16 CONSENT CALENDAR Packet Pg. 147
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: CONTRACT AMENDMENT NO. 1 - ON-CALL TRAFFIC PLAN CHECK AND OTHER RELATED SERVICES (ADVANTEC CONSULTING ENGINEERS, INC.) PAGE 2

BACKGROUND
On June 15, 2021, the City Council approved a contract in the amount of $60,000 for traffic plan check services with Advantec Consulting Engineers. Services through June 30, 2022 have been completed. Due to the ongoing demand for traffic plan check services as a result of increased development activity staff is recommending the continuation of service to ensure public service excellence to external partners.

ISSUES/ANALYSIS
The Development Services Department collects fees from developers for plan check services to efficiently deliver development projects. The City continues to experience a significant rise in development and construction activity, which increases requests to the City for this service, including an increase in utility company permitting with accompanying traffic control plans required for review. Staff is estimating that an additional $40,000 is required to complete the anticipated work through June 30, 2023. Therefore, it is staff’s recommendation to the City Council to amend the existing agreement for an additional $40,000 for a total contract not to exceed $100,000 and an additional appropriation of expenditures and revenue by the corresponding contract increase.

Attachments: Contract Amendment No. 1

10.16 CONSENT CALENDAR Packet Pg. 148
AMENDMENT NO. 1

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and Advantec Consulting Engineers, Inc. (“Consultant”) is effective as of the 1st day of July 2022.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated July 1, 2021 (“Agreement”) whereby Consultant agreed to provide traffic plan check services.

B. City and Consultant now desire to amend the Agreement to extend the term and increase compensation.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. a. The total compensation for Consultant’s services provided for in Article 2, Section 2.1 of the Agreement is hereby increased by Forty Thousand Dollars ($40,000.00) due to an increased need for traffic plan check services. b. The term provided for in Article 3 of the Agreement is hereby extended from July 1, 2022 to June 30, 2023.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no

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Contract Amendment No. 1 - On-Call Traffic Plan Check Packet Pg. 149 events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

10.16.a
Contract Amendment No. 1 - On-Call Traffic Plan Check Packet Pg. 150 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:

Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Nicholas S. Liguori, AICP
Director of Development Services Department
CONSULTANT:

ADVANTEC CONSULTING ENGINEERS,
INC.

By:

Name: Leo Lee
Title: Chairman
By:

Name: Carlos Ortiz
Title: CEO
Address: 21700 Copley Drive, Suite 350
Diamond Bar, CA 91765
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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Contract Amendment No. 1 - On-Call Traffic Plan Check Packet Pg. 151 Revenue: Expenditure: 5207310 - 48004 - WA223
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND DESIGN SERVICES - PROJECT NO. WA223.

RECOMMENDATION
1) Award a Professional Services Agreement in the amount of $74,274.00 with BKF Engineers, Riverside, CA for Engineering Design and Bid Support Services for Project No. WA223 - Water Main Line Replacement - Russell Avenue; 2) approve design contingencies of $7,427.00 for a potential agreement amount not-to-exceed $81,701; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
There are sufficient funds in the FY2022-23 Five-Year Capital Improvement Program for Project No. WA223.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

10.17 CONSENT CALENDAR Packet Pg. 152
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND DESIGN SERVICES - PROJECT NO. WA223
PAGE 2

BACKGROUND
Public Works staff solicited proposals via its Informal Request for Proposals process from engineering firms for Engineering Design and Bid Support Services for Project No. WA223 - Water Main Line Replacement - Russell Ave. Staff received four proposals.

The proposals were evaluated and ranked based on the following criteria: qualifications of the firm, including organization, experience, firm profile, personnel/staffing plan, project references, understanding of the assignments, work plan, and demonstrated technical ability. The engineering firms solicited are part of a Pre-Qualified On-Call Engineering list for use on future projects.

The scope of work includes replacement of 6-inch transite water main with a new 8-inch PVC (C905) between Walnut Avenue and Terry Avenue. This waterline main segment has experienced numerous severe leaks and requires replacement. Additionally the consultant will also evaluate and determine if any water services will require replacement. The consultant will prepare Plans, Specifications and Estimates (PS&E) and will provide construction support and preparation of Record Drawings upon completion of construction.

ISSUES/ANALYSIS
Staff evaluated the WA223 proposals based on the qualifications of the firm, personnel staffing plan, availability, understanding, approach, and cost, as described in the RFP, and selected the proposed consultant within the guidelines of the State of California Government Code and the City’s Purchasing Ordinance. The final ranking of the firms is shown below, and the proposals ranged from $74,000 to $85,000.

CONSULTANT LOCATION
BKF Engineers Riverside, CA
RTM Laguna Woods, CA
Tait and Associates Santa Ana, CA
WEBB & Associates Riverside, CA
Therefore, it is staff’s recommendation to the City Council to approve a Professional Services Agreement in the amount of $74,274.00 to BKF Engineers, Riverside, CA for Engineering Design and Bid Support Services for Project No. WA223 - Water Main Line Replacement - Russell Ave. Staff also recommends that Council authorize the City Manager to approve expenditures of up to $7,427.00 for design contingencies, bringing a total contract amount not to exceed $81,701
Attachment: Professional Services Agreement - BKF Engineers

10.17 CONSENT CALENDAR Packet Pg. 153
Project Name/No.: Russel Avenue Water Main Line Contract No.: ______________ Replacement Project CIP No. WA223
Project Manager: PW/Maria Fraser Approved: 09.06.2022 #__

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND

BKF ENGINEERS
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 6
th day of September, 2022 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and BKF Engineers, Riverside, CA (“Consultant”).

City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall

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follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.

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(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to

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undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by

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Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

1.8 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Services.

City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventy-Four Thousand Two Hundred Seventy-Four Dollars and Zero Cents ($74,274.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.

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(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

2.6 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

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3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2023, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

(Name) (Title)

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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Maria Fraser, CIP Engineering Manager, or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant

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shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this

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Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an

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assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

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(m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;

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(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

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6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.

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(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in

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dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ____________________________________ ($___________) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may

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withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

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ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

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No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:

Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Amer Jakher, Director of Public Works CONSULTANT:

BKF ENGINEERS:

By:

Name:

Title:

By:

Name:

Title:

Address:

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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Professional Services Agreement - Engineering and Packet Pg. 177 01225.0001/458446.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.

II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

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Professional Services Agreement - Engineering and Packet Pg. 178 01225.0001/458446.1 A-2
EXHIBIT “A-1”

SCOPE OF SERVICES
TASK 1: As-Built Research, Investigation and Review
BKF will require and review as-built information for the project site to become familiar with the utility network. We have received and reviewed a utility map for Tract No. 6177, dated June 1960, and understand the general size, location, connection, and material type for the existing 6-in water main and the adjacent 8-in sewer main and 2-in gas main in Russell Avenue. The available utility map does not depict a storm drain system in Russell Avenue; site observations also did not include any above-ground indications of a storm drain system.

BKF will visit the site with City staff to review the existing site constraints and conditions. We will note any potential challenges and confirm that the proposed project can incorporate City staff recommendations and direction. Anticipated variations from City standards will be identified at this time.

TASK 2: Utility Research and Notification
BKF will contact the City and utility (water, sewer, storm, and PG&E) companies that serve the site or have utilities within the adjacent streets. We will gather the available record drawings and/or block maps to depict the record location of the utilities superimposed onto the topographic survey. BKF will develop and maintain a record of utility notifications including contact numbers, dates or transmittals, and materials transmitted in a Utility Response Matrix.

Based on our experience with tract development and water main replacement projects, we feel that the project can be successfully completed using field observations and as-built data in place of completing potholing over the water main. We anticipated that the existing water main will need to remain operational during installation of the replacement main and re-establishment of the new water services.

Flexibility in the water service connections typically allow contractors to easily connect services either over or under existing mains without knowing the exact depth of the existing main prior to breaking ground.

Removing the potholing effort from the project presents a significant cost savings to the City. In the event that the City would like to pursue potholing, we can provide this as an optional service.

TASK 3: Field Survey / Right of Way Investigation
BKF will provide the field work to prepare a Topographic Map of the project limits within the right of way.

The limits of the topographic survey will be the improved width of Russell Avenue from the north edge of Terry Avenue to the south edge of Walnut Avenue. The topographic survey will be comprised of identified visible site features such as curbs, pavements, fences, traffic signals, lights, utility poles, trees 4-inches and larger in diameter and visible utility infrastructure. We will obtain a succession of spot elevations to define the general terrain of the site and immediately adjacent improvements to produce mapping at a 1-foot contour interval.

Utility infrastructure within the mapping limits, including manholes, valves, hydrants, meter boxes, storm drain and marked utilities, if encountered during the course of our field survey, will also be identified. The basic routing, inverts and orientation of the on-site gravity utilities will be identified based on field evidence and any available plans provided if to BKF prior to commencement of the survey BKF will produce the mapping in a reproducible hard copy and electronic format. The signed Topographic Map will be an instrument of service.

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Professional Services Agreement - Engineering and Packet Pg. 179 01225.0001/458446.1 A-3
The mapping will locate and delineate survey monuments encountered during the field survey.

Monuments at risk of disturbance will be quantified for line item bid forms and the project specifications.

The mapping will be collected electronically, processed utilizing AutoCAD Civil 3D software and is anticipated to be compiled at 1” = 20’.

The vertical control for the survey will be tied to the most recent City of Chino benchmarks in the project vicinity and related to the National Geodetic Vertical Datum of 1929 (NGVD29), unless otherwise agreed upon in writing prior to commencement of the survey.

The horizontal location and rotation of the mapping is anticipated to be on an “assumed” coordinate system otherwise agreed upon in writing prior to commencement of the survey.

Based on a cursory review of recent transfer deeds and other available public records, it appears that the right of way and boundary lines along the project corridor are shown on the tract map recorded in Book 81, Pages 85-86, San Bernardino County Records. BKF will locate primary monumentation, evidence and witness monuments thereof to locate the lines on said map relative to the topographic base mapping. It is assumed that the record map will be able to be retraced and plotted without requiring a Record of Survey as required by section 8762 of the California Professional Land Surveyor’s Act. Should a Record of Survey be required, BKF will coordinate with the City to discuss the appropriate next steps as it relates to a boundary survey.
is assumed that the record map will be able to be retraced and plotted without requiring a Record of Survey as required by section 8762 of the California Professional Land Surveyor’s Act. Should a Record of Survey be required, BKF will coordinate with the City to discuss the appropriate next steps as it relates to a boundary survey.

TASK 4: Geotechnical Investigation and Report
BKF’s geotechnical sub-consultant, RMA Group, Inc. (RMA) will perform a geotechnical investigation of the project location and alignment to determine the conditions of the existing subgrade soils and provide recommendations for the design of the proposed waterline improvements. The geotechnical investigation will also identify any critical geotechnical conditions that may need to be addressed during construction activities.

The geotechnical investigation will include a background geotechnical review of readily available geotechnical reports from nearby and adjacent projects, regional geologic maps, in-house aerial photographs, and in-house geotechnical maps. The investigation will also include a subsurface geotechnical evaluation consisting of three 8-inch diameter hollow-stem auger borings along the project alignment. Each boring will be excavated to a maximum depth of approximately 15 feet below the existing surface or to refusal. RMA will collect relatively undisturbed and bulk samples of the existing materials encountered in the borings and will evaluate the samples to determine the engineering characteristics of the on-site materials. RMA will summarize their findings in a Geotechnical Report that will include evaluations of site seismicity and corrosion potential of concrete and metal in contact with onsite soils.

This task includes obtaining a no-fee encroachment permit from the City of Chino including the preparation and processing of a traffic control plan.

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Professional Services Agreement - Engineering and Packet Pg. 180 TASK 5: Preliminary Engineering Design
BKF will coordinate with City staff to establish recommended design criteria for the water main replacement and to understand the age and condition of the residential water services along the roadway.

BKF will lead a field walk with City staff to discuss ancillary improvements associated with the water main replacement, such as meter upgrades and water service replacements/upgrades.

It is anticipated that the existing water services are ½-in services and are not large enough to support a residential fire sprinkler system, which would be required upon significant remodeling of a residence.

Additionally, BKF will identify any appurtenances on private or public ROW that might affect design and propose alternatives for design issues and bring to the attention of the City.

It is assumed that the new main should be installed while the existing main remains in services; as such, BKF will need to ensure that Division of Drinking Water Title 22 standards for main separations are met, or that a Waterworks Standards Main Separation Alternative Form be filed with the Division of Drinking Water for approval is an alternative configuration needs to be pursued.

Following the trenching work, the street will need to be rehabilitated to prolong the lifespan of the new trench, as well as to deal with existing longitudinal and fatigue cracking. Based on our observations, we believe that a grind and overlay following the utility work will address the pavement condition issues at the site. BKF will discuss this approach with the City prior to its incorporation into the bid documents for the project. All work is anticipated to be within City Right-of-Way and will not require any temporary or permanent easements being prepared by BKF.

Water main replacement plans will be submitted to the City for review at the 30%, 65%, 90% and 100% level of completion. BKF will prepare 40-scale plan and profile sheets for the water main replacement and will reference public standards for installation and appurtenance details. We are expecting to prepare the following drawings to illustrate the project improvements:
• Cover Sheet (1 sheet)
• Notes & Legend (1 sheet)
• Demolition Plan (1 sheet at 40-scale)
• Water Main Plan and Profile (1 sheet at 40-scale)
• Paving Plan (1 sheet at 40-scale)
• Sedimentation and Erosion Control Plan (1 sheet at 40-scale) • Construction Details (2 sheets)
TASK 6: Engineer’s Quality and Cost Estimate
BKF will prepare an Engineer’s Quantity and Cost Estimate based on a template document provided by the City. We will base our unit costs off of data received from other recent, relevant project bids. In additional to construction materials, this Estimate will also include costs associated with anticipated permitting and OSHA shoring requirements and removal and disposal of the existing asbestos transite pipe. Under this task, BKF will also prepare a Bid Schedule to be included in the Specifications based on the Standard Specifications for Public Works Construction (“Green Book”) itemizing the quantities and bid items. It is understood that City staff will prepare the standard “front end” specifications, Special Provisions, Technical Specifications, and will assemble the project Specifications. Specifications for specialty work items, if needed, can be prepared by BKF.

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Professional Services Agreement - Engineering and Packet Pg. 181 TASK 7: Plan Interpretation and Bidding Assistance
BKF, at the request of the City, will provide construction plan interpretation and consultation during the bidding phase of the project. If necessary, BKF will assist the City in preparing bid addenda as required to provide clarification to drawings and provide responses to Request for Information (RFI) and requests for clarification during the bidding phase.

TASK 8: Construction Support and Submittal Review
BKF can provide construction phase support services to support the City during the construction phase of the project. Anticipated services include written responses to RFIs, review of submittals, and drawing revisions as needed.

TASK 9: Meetings
BKF will schedule regular progress meetings to discuss the status of the project, upcoming efforts, issues, coordination items, and other relevant information. Agendas, action logs, updated project schedules, and meeting minutes will be prepared and distributed. We will also maintain frequent and timely communication with City staff throughout the duration of the project. We recommend that page-turn review meetings be held with the City following each milestone submittal so that design intention and City feedback can be discussed and quickly incorporated into the next milestone deliverable. We have allocated ten (10) hours of combined staff time for meetings.

TASK 10: Project Closeout
Following completion of construction, BKF will prepare record drawings based on the Contractor’s asbuilts to document the final location of the improvements. Additionally, BKF will provide an ESRI GIS shape file of the final water main alignment, for the City to incorporate into their GIS database.

OPTIONAL TASK 1: Potholing
In the event that the City would like to pursue potholing during design, BKF can support the City by soliciting the services of a general contractor and completing a potholing plan to identify the location of pothole data needed. Following potholing, BKF will update the potholing plan to document the encountered utility depths below ground surface, then relate those depths to elevations based on our topographic survey. Potholing coordination, contractor mobilization, and completion of the first pothole can be completed for $8,000, with each subsequent pothole increasing the total task fee by $2,000. This task will not be completed unless specifically authorized by the City.

SCOPE QUALIFICATIONS AND ASSUMPTIONS
BKF Engineers’ services are limited to those expressly set forth in the scope. We understand that BKF will have no other obligations or responsibilities for the project except as provided in this proposal letter, or as otherwise agreed to in writing. BKF will provide the scope of services consistent with, and limited to, the standard of care applicable to such services. Any participation in non-adversarial procedures, or other right to repair items, is considered as additional services. For the scope of work identified, we have assumed the following:
a) Existing Utilities: Unless otherwise indicated or provided by others, any existing utilities identified on BKF’s drawings/plans are based on information obtained by BKF, or provided to BKF, and may not be accurately documented in their horizontal location or vertical profile. Other utilities may be present that were not disclosed. BKF highly recommends that critical facilities be underground service alert (USA) located and potholed during design or prior to construction. 01225.0001/458446.1 A-4

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Professional Services Agreement - Engineering and Packet Pg. 182 b) Potholing: Potholing services are not included in this proposal unless specifically identified. c) Existing Utility Capacities: Unless otherwise addressed, existing utilities have adequate capacity and a utility system capacity study is not required.
d) Utility Location Services: BKF has not included fee to contract with an underground utility location consultant to locate private utilities within the site. If needed, BKF can provide this service as an amendment to our agreement.
e) QSD/P Services: We have assumed that the project is exempt from obtaining a Construction General Permit; therefore, no SWPPP document nor QSP services during construction will be needed. f) Traffic Control Plan and Construction Haul Route Plan: These will be prepared and coordinated by the Contractor. BKF can provide this service as an additional scope item at your request. g) Construction Staking: These services are assumed to be contracted directly with the general contractor and are not included.
h) Meetings: We have not included attendance at regularly scheduled construction meetings as part of the scope of services.
01225.0001/458446.1 A-5

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Professional Services Agreement - Engineering and Packet Pg. 183 01225.0001/458446.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
(additions in bold italics; deletions in strikethrough) I. Section 7.7, Liquidated Damages, is hereby deleted in its entirety.

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EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.

II. Within the budgeted amounts for each Task, and with the approval of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

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Professional Services Agreement - Engineering and Packet Pg. 185 RMA Group (Sub-Consultant)
Subtotal HoursTotal Cost
Rate $272 $231 $198 $174 $151 $325 $96
Task 1 - As-Built Research, Investigation and Review 2 4 8 14 $2,366 Task 2 - Utility Research and Notification 2 4 12 18 $2,970 Task 3 - Field Survey / ROW Investigation 1 2 6 16 12 37 $8,094 Task 4 - Geotechnical Investigation and Report 2 2 2 $18,270 6 $19,382 Task 5 - Preliminary Engineering Design 1 8 8 24 80 121 $19,960 Task 6 - Engineer's Quantity and Cost Estimate 2 2 12 6 22 $3,852 Task 7 - Plan Interpretation and Bidding Assistance 4 4 12 6 26 $4,710 Task 8 - Construction Support and Submittal Review 2 4 4 16 26 $4,366 Task 9 - Meetings 2 12 6 20 $4,360
Task 10 - Project Close-Out 2 2 2 12 18 $3,214
Design Services Subtotal Hours 6 38 20 74 158 12 0 308
Design Services Subtotal ($) $1,632 $8,778 $3,960 $12,876 $23,858 $3,900 $0 $18,270 $73,274 Reimbursable Expenses Subtotal ($) $1,000
TOTAL
GRAND TOTAL $74,274
City of Chino Department of Public Works
Russell Avenue Water Main Replacement Project
CIP No. WA223
PrincipalProject Assistant
BKF
Project ManagerSenior Project EngineerProject EngineerDesign Engineer2-Man Survey Crew (Party Chief + Chainman) Task

DESIGN SERVICES
C-2
EXHIBIT “C-1”

SCHEDULE OF COMPENSATION
NOT-TO-EXCEED TOTAL AGREEMENT AMOUNT = $74,274.00

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Professional Services Agreement - Engineering and Packet Pg. 186 01225.0001/458446.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule attached hereto as Exhibit “D-1”.

II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.

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Professional Services Agreement - Engineering and Packet Pg. 187

BKF ENGINEERS
4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | 949.526.8460 July 26, 2022
BKF No 20201058
Eduardo Diaz
City of Chino, Department of Public Works
13220 Central Avenue
Chino, CA
Transmitted Via Email
Subject: Engineering Design and Bid Support Services for the Russell Avenue Water Main Replacement Project Proposal
Dear Mr. Diaz:

BKF Engineers welcomes the opportunity to submit this proposal for civil engineering and land surveying services associated with the Russell Avenue water main replacement project located in the City of Chino, California. To arrive at the estimated effort required by our office for this project, we have outlined a proposed scope of services, identified assumptions, and determined a level of effort fee based on our understanding of the project.

PROJECT UNDERSTANDING
Based on the project Request for Proposals, we understand the project as:

The project includes the replacement of an existing 6-in asbestos transite water main with a new 8- in C905 PVC water main on Russell Avenue. Project limits are understood to be from Walnut Avenue to Terry Avenue. Based on our experience with similar utility projects, we understand that this project presents an opportunity to assess the age and condition of the existing residential water services and meters and consider upgrading these services to provide for residential fire sprinklers (which are often required upon significant renovation or the rebuilding of a residence). In order to avoid disruptions to the water services, we are anticipating that the new main will be installed while the existing main remains operational.

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Professional Services Agreement - Engineering and Packet Pg. 188 July 26, 2021

Page 2 of 6 ends

Chino City CouncilSeptember 6, 2022

Chino City Council
September 6, 2022