Chino City Council
June 6, 2023

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DA consistent with the goals and policies of the General Plan and The Preserve Specific Plan and recommended adoption of this Ordinance by the City Council approving the Amended DA;

WHEREAS, the City Council held a duly noticed public hearing regarding th is Ordinance approving the Amended DA on June 6, 2023, and considered the recommendation of the Planning Commission and the evidence, testimony and arguments submitted by City staff, the Developer, and all interested parties; and

WHEREAS, the adoption of this Ordinance approving the Amended DA under current and known circumstances, will not be detrimental to the health, safety or welfare of persons residing, conducting business, or owning property in the area of the Project or elsewhere in the City.

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

Section 1. The City Council of the City of Chino has considered Planning Commission Resolution No. PC2023-016 and finds that the provisions of said Amended DA on file with the City are consistent with the General Plan and the Preserve Specific Plan, and comply with the requirements of Article 2.5 of Chapter 4 of Division 1 of Title 7 of the California Government Code, commencing with Section 65864, Article XI, Section 7 of the California Constitution and the City Development Agreement Ordinance incorporated into its Municipal Code as Section 20.23.070 of Title 20, including, but not limited to, the following specific reasons required by Subsection G therein:

• The Amended DA will implement the goals, objectives and policies of th e City’s General Plan by providing for logical development boundaries for residential, commercial, park, and open space uses for the subject property and for the City; • The Amended DA provides for property and sales tax base and other revenue above that anticipated for the previous land use and the project will generate construction employment and new permanent employment opportunities for Chino residents furthering the City’s economic development general plan goals;
• At build-out of the project, the Amended DA will provide an environmentally restored and developed property by removing agricultural and dairy waste materials that historically existed on the Property;
• Development of the areas within The Preserve Specific Plan, including the areas covered by this Amend ed DA, will include the required construction of public improvements and infrastructure to serve the southeastern portion of the City; and • A periodic review will be conducted to monitor the implementation of the Amended DA and to ensure that its provisions are consistent with the General Plan.

Section 2. The City Council finds that the adoption of this Ordinance approving the Amended DA is exempt from the California Environmental Quality Act contained in Division 13 of the California Public Resources Code, commencing with Section 21000, and implemented by the Guidelines contained in Chapter 3 of Title 14, commencing with Section 15000, of the of the California Code of Regulations (“CEQA”). Specifically, Section 15061(b)(3), General Rule Exemption, under the Guidelines applies insofar as the activity is covered by the common sense exemption that CEQA applies only to projects which have the pot ential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Here, all of the requirements of CEQA were satisfied with respect to those portions of the Property for which the City has given discretionary Development Approvals as of the effective date of the Original DA through its prior certification of Program Environmental Impact Report SCH

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Ordinance No. 2023-011

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#2000171036 (t he “Preserve EIR”), the Preserve Specific Plan Master Site Approval No. PSP MSA 2003-01, Mitigated Negative Declaration for the Master Plan for Phases 1 and 2 (“Project MND”) approved on September 15, 2003, and an addendum to the Preserve EIR approved on M ay 18, 2004 (“EIR Addendum”) , which have been modified by subsequent addendums. None of the obligations provided in the Amended DA modify the development obligations and thus potential environmental impacts analyzed in the Preserve EIR, Project MND, EIR Addendum or subsequent addendums.

Section 3 . Based on the above findings, t he City Council of the City adopts this Ordinance approving the Amended DA between the City of Chino and the Owners with any non-substantive typographical or scrivener errors correc ted by the City Manager and approved by the City Attorney, and authorizes the Mayor to sign said Amended DA after it has been signed by the other parties.

Section 4. Pursuant to Government Code Section 65868.5, the City Clerk of the City shall record a copy of said Amended DA with the County Recorder within 10 days after the Mayor’s signing of said Amended DA.

Section 5. Severability. If any section, subsection, sen tence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Ch ino declare that they would have enacted this Ordinance and each section, subsection, sentence, clause or phrase hereof irrespective of any determination of invalidity.

Section 6. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation, printed and published within the City in accordance with the provisions of the Government Code.

APPROVED AND ADOPTED THIS 20TH DAY OF JUNE 2023.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

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Ordinance No. 2023-011

01225.0005/890309.1

State of California )
County of San Bernardino ) ss
City of Chino )

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the foregoing Ordinance was duly adopted by the Chino City Council at a regular meeting held on the 20th day of June 2023, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachments: Amended and Restated Preserve Development Agreement

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Revenue: Expenditure: 5407360-43640-5207310-43640-3207100-43640

Transfer In: 5401000-50000/5201000/50000/3201000-50000 Transfer Out:2631000-40001/2611000-40001/2201000- 40001

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: JUNE 6, 2023

TO: LINDA REICH, CITY MANAGER

FROM: WARREN MORELION, INTERIM DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT S, PAYMENT

RECONCILIATION & RELEASE AGREEMENT, & DEVELOPMENT IMPACT FEE REIMBURSEMENT – SITE APPROVAL PL16 -0719 (SCANNELL PROPERTIES #404, LLC).

RECOMMENDATION
1) Appropriate from the unappropriated reserves of the following: Storm Drain Enterprise Fu nd in the amount of $3,200,000; Water Enterprise Fund in the amount of $485,406, and the Transportation Fund in the amount of $462,300; 2) schedule corresponding year -end transfers from the following Development Impact Fee Funds: The Preserve Storm Drainag e Collection System Facilities in the amount of $3,200,000 The Preserve Water Source, Storage and Distribution in the amount of $485,406, and Citywide Circulation (Streets, Signals and Bridges) System in the amount of $462,300; 3) accept the public improve ments for Site Approval PL16 - 0719 as complete; 4) authorize release of the performance bond and initiate the warranty bond; 5) approve a Payment Reconciliation and Release Agreement with Scannell Properties #404, LLC ("Scannell"), a Delaware limited liabil ity company for Scannell's Equipment Tax Commitment in the amount of $1,000,000 and County Dedications eligible for Development Impact Fee Reimbursements, as well as all other eligible DIF reimbursements pursuant to Construction Credit and Reimbursement Ag reement No. 2020 -223 ("Agreement"); 6) approve an immediate reimbursement in the amount of $4,147,706 to Scannell per the terms of the Agreement, thus, fulfilling the City’s obligation to Scannell; and 7) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Requires an appropriation from the unappropriated reserves of the following: Storm Drain Enterprise Fund in the amount of $3,200,000, Water Enterprise Fund in the amount of $485,406, and the Transportation Fund in the amount of $462,300. Schedule corresponding year-end transfers from the following Development Impact Fee Funds: The Preserve Storm Drainage Collection System Facilities in the amount of $3,200,000, Citywide Circulation (Streets, Signals and Brid ges) System in the amount of $462,300, and Water Source, Storage

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COUNCIL MEETING DATE: JUNE 6, 2023
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS, PAYMENT

RECONCILIATION & RELEASE AGREEMENT, & DEVELOPMENT IMPACT FEE REIMBURSEMENT – SITE APPROVAL PL16-0719 (SCANNELL PROPERTIES #404, LLC) PAGE 2

and Distribution in the amount of $485,406. There are sufficient funds available in each respective account for this purpose.

Staff will continue to monitor the fund balance in The Preserve S torm Drainage Collection System Facilities Development Impact Fee fund. The City will make progress payments to Scannell until the terms of the agreement are fulfilled. Each progress payment will require an appropriation of funds and therefore, each paymen t will be brought back to the City Council for approval.

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

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

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COUNCIL MEETING DATE: JUNE 6, 2023
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS, PAYMENT

RECONCILIATION & RELEASE AGREEMENT, & DEVELOPMENT IMPACT FEE REIMBURSEMENT – SITE APPROVAL PL16-0719 (SCANNELL PROPERTIES #404, LLC) PAGE 3

BACKGROUND
In 2014, the County of San Bernardino identified 74.4 acres of land at the southwest corner of Flight and Merrill Avenues as surplus and placed it up for public auction to allow for private development. Scannell Properties #404, LLC ("Scannell") was the successful bidder, acquiring development rights to the property.

In 2016, Scannell Properties submitted applications for a General Plan Am endment, Preserve Specific Plan Amendment, Master Site Approval, Site Approval, and Special Conditional Use Permit to develop the site with a ground transportation parcel delivery facility. A revised plan was submitted in August 2017 for a 503,000-square foot parcel delivery facility on the 74.4-acre site (Exhibit A).

The Planning Commission reviewed the project on June 17, 2019 and recommended the City Council approve the General Plan Amendment and Preserve Specific Plan Amendment and related environmental documents. At the same hearing, the Planning Commission approved the Master Site Approval, Site Approval, and Special Conditional Use Permit, contingent on the legislative applications being approved by the City Council, which occurred on September 17, 2019.

The Conditions of Approval for this project required the developer to design and construct public improvements including, but not limited to storm drain, street, water, and sewer improvements within and along Merrill and Flight Avenues. As part of the approvals issued by City for the Project, the Conditions of Approval, specifically Condition No. 2.13.6, required Scannell to acquire easements and right -of-way dedications described in Exhibit B, titled Dedications from the County for various right-of-way improvements related to the project.

The developer, City staff, and the County worked together to prepare the Grant of Easements to facilitate the installation of the required public improvements in accordance with drainage law and also to construct, oper ate, and maintain a public roadway and stormwater conveyance system and any appurtenances. City staff and the developer were engaged throughout the course of the project to ensure the timely delivery of the required public improvements. The requirements ma de at the time of project approval have been met with the execution of the Public Improvement Agreement on February 18, 2020 and by posting the necessary securities to guarantee the construction of the required public improvements, attached as Exhibit C, t itled Public Improvement Agreement.

In addition to other benefits offered by Scannell in connection with the project, including but not limited to, payment to the City of $5,000,000 for perimeter and circulation improvements surrounding the Chino Airport p rimarily along Merrill Avenue, a key consideration by the City Council in approving the General Plan Amendment was the commitment made by Scannell’s representative (at the public hearing) to provide the City with the sales tax revenue totaling $1,000,000 (“Equipment Tax") for equipment purchases to be made by the end user, FedEx Ground Package System, Inc., in connection with development of the Project. However, the City never received the Equipment Tax. As a result, the City and Scannell desire to resolve potential challenges related to Scannell’s obligation to pay the City for the Equipment Tax estimate and the City’s obligation to reimburse Scannell for the County dedications mentioned above.

Therefore, a Payment Reconciliation and Release Agreement is be ing presented to the City Council for consideration to resolve any misnomers between Scannell and the City.

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COUNCIL MEETING DATE: JUNE 6, 2023
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS, PAYMENT

RECONCILIATION & RELEASE AGREEMENT, & DEVELOPMENT IMPACT FEE REIMBURSEMENT – SITE APPROVAL PL16-0719 (SCANNELL PROPERTIES #404, LLC) PAGE 4

ISSUES/ANALYSIS
The public improvements have been completed and constructed to the satisfaction of the City Engineer. The public improvements that a re being accepted by the City of Chino include curb and gutter, sidewalk, concrete paving, streetlights, parkway landscaping, sewer, storm drain, domestic and recycled water, traffic signals, traffic signal interconnect, signing, striping, traffic controls, and drive approaches. All pedestrian improvements being accepted have been satisfactorily constructed to meet all applicable accessibility requirements.

Some of the required public improvements are master -planned facilities and are included in the City’s Development Impact Fee (DIF) program. These public improvements are eligible for DIF credit and reimbursement per the Chino Municipal Code, Chapter 3.45. Additionally, the City has ascertained that the dedications from the County for various right -of-way improvements related to the project are eligible for DIF reimbursement in the amount of $2,156,925, as shown on Exhibit B of the Payment Reconciliation and Release Agreement and consistent with the requirements of the Construction Credit and Reimbursement Agreement approved between the City and Scannell, dated February 18, 2020, attached as Exhibit D, titled Construction Credit and Reimbursement Agreement.

The City Engineer reviewed the final accepted/approved "as -built" plans, specifications and supporting documentation provided by the developer to determine the eligible costs for reimbursement per the terms of the Construction Credit and Reimbursement Agreement. The validated costs are summarized in the table below.

The actual costs approved by the City Engineer will be included in the next annual update to the Nexus Study, which is tentatively scheduled to occur in the Fall 2023. Additionally, staff deducted the DIF credits issued to the developer over the course of the project (for each respective DIF category) from the validated costs to determine the reimbursement amounts. It should be noted, the credits issued to Scannell for The Preserve Circulation DIF were more than the validated costs; therefore, Scannell will be invoiced for the difference, w hich is due and payable to the City upon the final acceptance of the public improvements. Please refer to the

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COUNCIL MEETING DATE: JUNE 6, 2023
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS, PAYMENT

RECONCILIATION & RELEASE AGREEMENT, & DEVELOPMENT IMPACT FEE REIMBURSEMENT – SITE APPROVAL PL16-0719 (SCANNELL PROPERTIES #404, LLC) PAGE 5

itemized summary below for a breakdown of the proposed reimbursements for each DIF category. Scannell's total reimbursement (less DIF credits) is $7,175,605. Of this amount, a partial payment is being made in the amount of $4,147,706. Note, the partial payment is based on the available fund balance in The Preserve Storm Drainage Collection System Facilities DIF.

Staff will continue to monitor the fu nd balance moving into the future and will make annual progress payments to Scannell until the terms of the agreement are fulfilled.

Lastly, the Payment Reconciliation and Release Agreement being presented to the City Council for consideration simultaneou sly with the final acceptance of the public improvements is intentional. As stated previously, the City and Scannell desired to resolve fully all potential disputes that existed related to Scannell’s obligation to pay the City $1,000,000 for the Equipment Tax and the City’s obligation to reimburse Scannell for the County dedications. The City postponed the final acceptance of the associated public improvements for this project, which were completed early last year in 2022, to consult with legal counsel, Sca nnell, and City staff for resolution on the terms and conditions for payments associated with the Equipment Tax, County dedications, and other master planned DIF eligible improvements, as better described in Exhibit E, titled Payment Reconciliation and Rel ease Agreement. Those disputes will now be finally resolved by the approval of the Payment Reconciliation and Release Agreement. Scannell will pay $750,000 of the $1,000,000 Equipment Tax obligation within 30 days of Council's approval of the Payment Re conciliation and Release Agreement and the

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COUNCIL MEETING DATE: JUNE 6, 2023
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS, PAYMENT

RECONCILIATION & RELEASE AGREEMENT, & DEVELOPMENT IMPACT FEE REIMBURSEMENT – SITE APPROVAL PL16-0719 (SCANNELL PROPERTIES #404, LLC) PAGE 6

balance of $250,000 upon receiving its final DIF reimbursements.

Security for a one -year warranty period, as discussed in Section 7 of the Payment Reconciliation and Release Agreement, has been submitted to the City. Under the warranty bond obligation, the developer will correct any defects found within one -year of City Council’s acceptance of the project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. Sufficient funds are included in the City’s Operating Budget to cover costs for maintenance of said facilities. The following maintenance obligations will commence following acceptance of the public improvements:

Domestic Water System: By the City
Recycled Water System: By the City
Potable Water System: By the City
Sewer System: By the City
Storm Drain: By the City
Public Street Sweeping: By the City
Traffic Signal System: By the City & City of Ontario
Streetlights: By the property owner
Landscaping: By the property owner
All required development related fees have been paid. Additionally, the developer satisfied Section 2.13.6 of the Development Services Conditions of Approval requiring a $5.0 million deposit fo r perimeter and circulation improvements surrounding the Chino Airport, primarily along Merrill Avenue. The deposit was not subject to offset or credit against any Development Impact Fees or any other fees of any type or nature paid by the developer.

Attachments: Exhibit A - Location Map
Exhibit B - Dedications from the County of San Bernardino Exhibit C - Public Improvement Agreement
Exhibit D - Construction Credit and Reimbursement Agreement Exhibit E - Payment Reconciliation and Release Agreement

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119 W. HYDE PARK BLVD.INGLEWOOD, CA 90302Phone: 424-351-6800D & D ENGINEERING, INC.

EXHIBIT "A"PL16-0719 SITE APPROVAL
11 LEGEND

PROJECT SITEFLIGHT AVENUE

REMINGTON AVENUE(VACATED)

MERRILL AVENUEGROVE AVENUECITY OF ONTARIOCITY OF CHINO
(PUBLIC STREET)
(PUBLIC STREET)(PUBLIC STREET)

W'LY STREET RIGHT-OF-WAYW'LY PROJECT BOUNDARY

S'LY PROJECT BOUNDARY

S'LY STREET RIGHT OF WAY

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Exhibit B - Dedications from the County of San Bernardino

*1 Flight & Remington - Right of Way Dedication
*2 Merrill - Right of Way Dedication
*3 Drainage & Grading Easement

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01225.0005/886834.7

PAYMENT RECONCILIATION AND RELEASE AGREEMENT
This Payment Reconciliation and Release Agreement (“Agreement”) is entered into this 6th day of June 2023 ( “Effective Date”), by and between the CITY OF CHINO , a California municipal corporation (“City”) and SCANNELL PROPERTIES #404, LLC, a Delaware limited liability company (“Scannell”). The City and Scannell may hereafter be referred to individually as “Party” and collectively as the “Parties.”

RECITALS

A. On June 17, 2019, City’s Planning Commission held a duly-noticed public hearing and approved that certain Master Site Approval PL 16 -0719 sought by Scannell for the construction of a parcel delivery facility on 74.4 acres of land and containing a 476,285 s quare foot sorting/distribution building and four additional ancillary structures, including an 8,973 square foot gateway building (“Project”) and recommended approval to the City Council of the proposed General Plan Amendment to authorize the Project.

B. On September 17, 2019, the City Council held a public hearing on the Planning Commission’s recommended action and approved the General Plan Amendment to authorize the Project. In addition to other benefits offered by Scannell in connection with the Project, including but not limited to, payment to the City of $5,000,000 for perimeter and circulation improvements surrounding the Chino Airport primarily along Merrill Avenue , a key consideration by the City Council in approving the General Plan Amendment w as the statement made by Scannell’s representative at the hearing that purchases of equipment to be made by FedEx Ground Package System, Inc., a Delaware corporation (“Federal Express”) in connection with development of the Project was estimated to provide the City with sales tax revenue totaling approximately $1,000,000 (“Equipment Tax Estimate”) for equipment purchases at the Project site, which revenue has not been received by the City and the Parties wish to resolve payment for the Equipment Tax Estimate by this Agreement.

C. As part of the approvals issued by City for the Project, the City imposed Development Services Department Planning Division Condition of Approval No. 2.13.6, requiring Scannell to acquire easements and right -of-way dedications described in Exhibit “A” attached hereto and incorporated herein (“Dedications”) from the County of San Bernardino for various right-of-way improvements related to the Project and then Scannell was to convey the Dedications to the City. Scannell secured the appropriate Dedications for right-of-way and drainage/grading improvements from the County and has requested reimbursement per the circulation (streets, signals, and bridges) system and s torm drainage collection facilities development impact fee categories under the City’s development impact fee ordinance (“ County Dedications DIF Reimbursements”) from the City for such Dedications.

D. As part of the approvals issued by City for the Project, the City imposed Development Engineering Condition of Approval No. 1.33, which required Scannell and the City to enter into a Reimbursement Agreement. Scannell and the City have entered into such an agreement, a Construction Credit and. Reimbursement Agreement for PL 16-0719 dated February 18, 2020, attached hereto as Exhibit “C” (“Construction Credit and Reimbursement Agreement”).

On February 18, 2020, Scannell and the City also entered into a Public Improvement Agreement,

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which obligated Scannell to construct various public improvements as discussed below. The City has ascertained that the Dedications are eligible for DIF Reimbursement to Scannell in the amount of $2,156,925, as shown on Exhibit “A” and consistent with the requirements of the Construction Credit and Reimbursement Agreement.

E. The City imposed various other Development Engineering Condition of Approval, including without limitation Conditions of Approval Nos. 1.9, 1.10 and 1.13. These Conditions of Approval for the Project further required Scannell to design and construct public improvements including, but not limited to storm drain, street, water and sewer improvements within and along Merrill and Flight Avenues (“Public Improvem ents for Site Approval PL 16 -0719”). The requirements made at the time of Project approval have been met with the execution of the Public Improvement Agreement and by posting the necessary securities to guarantee the construction of the required public imp rovements. The Parties wish to have the City Council consider final acceptance of said Public Improvements for Site Approval PL 16-0719, which acceptance is being processed by the City Council concurrently with the approval of this Agreement.

F. The Parties wish to resolve fully and finally all potential disputes which may exist by and between the Parties related to Scannell’s obligation to pay City for the Equipment Tax Estimate and City’s obligation to reimburse Scannell for the County Dedicatio ns DIF Reimbursements, as well as all other eligible DIF reimbursements pursuant to the Construction Credit and Reimbursement Agreement (“Other DIF Eligible Reimbursements”), by entering into this Agreement.

AGREEMENT
NOW, THEREFORE, for full and valuabl e consideration, the receipt and adequacy of which are hereby acknowledged, and based upon the foregoing recitals and the terms, conditions, covenants, and agreements contained herein, all Parties hereto agree as follows:

1. Recitals True and Correct . The P arties hereby find that the above Recitals are true and correct.

2. Equipment Tax Estimate Payment. Within thirty (30) days after execution of this Agreement by Scannell and the City, Scannell shall pay to City a portion of the Equipment Tax Estimate in the amount of Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00) (“Scannell First Payment”) in partial consideration and settlement of any and all claims by City related to the statements made by Scannell at the Septem ber 17, 2019 City Council hearing for consideration of the General Plan Amendment required to authorize the Project . Scannell shall pay the City Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) (“Scannell Second Payment”), the remainder of the Equipment Tax Estimate, upon receiving full payment of the County Dedications DIF Reimbursement and Other DIF Eligible Reimbursements (collectively, “Total Reimbursement”), as set out below in Section 3. Scannell’s payments of the Scannell First and Second Payments shall constitute full consideration and settlement of any and all existing claims by City against Scannell and Federal Express.

3. DIF Reimbursement. Within fifteen (15) days of receipt of the payment of the Scannell First Payment, City shall pay Scannell the County Dedications DIF Reimbursements

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in the amount of Two Million One Hundred Fifty-Six Thousand Nine Hundred Twenty-Five and 00/100 Dollars ($2, 156,925.00), plus all Other DIF Eligible Reimbursements identified in the Construction Credit Reimbursement Agreement, determined to b e Eight Million Eight Hundred Eight Thousand Nine Hundred Ninety-Three and No/100 Dollars ($8,808,993), based upon the information set forth at Exhibit “B” attached hereto , subject to the Reimbursement Deficit specified below. The amount of the Total Reimbursements is Ten Million Nine Hundred Sixty- Five Thousand Nine Hundred Eighteen and No/100 Dollars ($10,965,918.00). The City and Scannell acknowledge and agree that as of the date of execution of this Agreement, the City shall be unable to provide to Scannell the Total Reimbursement, because there are insufficient funds in the Preserve Storm Drainage Collection System Facilities Impact Fee Fund account (“Reimbursement Deficit”). The Reimbursement Deficit, in the amount of Three Million Twenty- Seven Thousand Eight Hundred Ninety-Eight and No/100 Dollars ($3,027,898), shall be payable when sufficient funds are available in the Preserve Storm Drainage Collection System Facilities Impact Fee Fund account . The Ci ty shall use commercially reasonable efforts, subject to the exercise of its discretion, to designate the Reimbursement Deficit as a “reimbursement priority”, as specified in Chino Municipal Code section 3.45.130(A)(7). Upon full payment of the Reimbursement Deficit, the City’s payment of the Total Reimbursement amount, shall constitute full consideration and settlement of any and all claims by Scannell related to City’s obligation to pay the Total Reimbursement shown on Exhibit “A” and Other DIF Eligible Reimbursements items shown on Exhibit “B” . Concurrent with its receipt of full payment of the Reimbursement Deficit, Scannell shall make the Scannell Second Payment to the City.

4. City Release. In exchange for Scannell’s payment of the Equipment Tax Estimate, the City, on behalf of itself, its officers, employees and agents (collectively the “City”) does hereby release and forever discharge Scannell and Federal Express from liability for having to pay for the Eq uipment Tax Estimate. For the purposes of this Paragraph, “ Scannell” and “Federal Express” shall include Scannell’s and Federal Express’ officers, employees and agents, their associates, predecessors, successors, heirs, assignees, agents, directors, offic ers, employees, affiliates, representatives, attorneys, and all persons acting by, through, under or in concert with them, or any of them (each of whom is referred to individually as a “Scannell Released Parties”).

5. Scannell Release. In exchange for (i) City’s payment of the Total Reimbursement (ii) City’s acceptance of the Public Improvements for Site Approval PL 16 -0719 which shall occur simultaneously with the approval of this Agreement, and (iii) City’s release of all of Scannell’s security, except for a ten percent (10%) warranty bond in the amount of $754,000 for warranty work, as discussed in Section 7 (“Security Holdback”), Scannell, on behalf of itself, its officers, employees and agents does hereby release and forever discharge City from liability for having to pay for any further reimbursement items shown on Exhibit s “A” and “B”. For the purposes of this Paragraph, “City” shall include City’s officers, employees and agents, their associates, predecessors, successors, heirs, assignees, agents, directors, officers, employees, affiliates, representatives, elected or appointed public officials, attorneys, and all persons acting by, through, under or in concert with them, or any of them (each of whom is referred to individually as a “City Released Parties”).

6. Failure of Scannell to Pay Equipment Tax Estimate and City to Pay the Eligible DIF Reimbursements or DIF Eligible Reimbursements. Should either Party fail to pay

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make the payments required under Sections 2 and 3, respectively, within the times required therein, the Party failing to make such payment shall be in breach of this Agreement and the other Party shall be entitled to pursue any remedies available to it to secure such payment, including, but not limited to, interest at the annual rate of ten percent (10%) and the costs of any action to secure such payment pursuant to Section 14 below.

7. City Release of Scannell Security. Scannell has posted security in the form of a Faithful Performance Bond in the amount of $7,540,300 and a Labor and Material Bond in the amount of $3,770,200 in favor of the City, to secure Scannell’s obligation to construct the Public Improvements for Site Approval PL 16-0719. Within ten (10) days of the City’s acceptance of Public Improvements for Site Approval PL 16-0719, City shall release all such security, except for the Security Holdback, to secure any warranty work required to be undertaken by Scannell.

Within one (1) year from the City’s acceptance of the Public Improvements for Site Approval PL 16-0719 (i.e., June 6, 2024), the City shall release the Security Holdback.

8. Release of Unknown Claims. The releases set forth above in Sections 4 and 5 of this Agreement are releases of the Claims against any or all of the Scannell Released Parties and City Released Parties, respectively, except for any claims that may arise upon a Party’s breach of the terms of this Agreement. It is the clear and unequivocal intention of the Parties in executing this Agreement that it shall be effective as a full and final accord and satisfaction, release, and discharge of each and every claim specifically or generally referred or not referred to in this Agreement. In furtherance of said intention, the Parties acknowledge that they understand Section 1542 of the Civil Code of the State of California, which provides as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR

AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR

HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

The Parties hereby waive and relinquish any and all rights and benefits which they have or may have under Section 1542 of the Civil Code of the State of California, and under any and all similar provisions contained in the law of any and all other jurisdictions, within and without the United States, to the full extent that it may lawfully so waive all such rights and benefits pertaining to the subject matter of the releases contained in this Agreement. Each Party hereby acknowledges that it is aware that the other Party may hereafter discover facts in addition to or different from those which it now knows or believes to be true with respect to the subject matter of this Agreement, but that it is the clear and unequivocal intention of the Parties to hereby fully, finally and forever settle and release each and every Claim, as defined in Section s 4 and 5, and that in furtherance of said intention, any and all releases herein given shall be and remain in effect as full and complete release of the Claims.

9. Non-Admission of Liability Nothing contained in this Agreement shall be construed in any manner as an admission of any liability by any Party hereto, or any of its employees, or an affiliated person(s) or entity/ies.

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10. No Assignment of Claims. The Parties warrant that they have not assigned and will not assignment, of any Claim, cause of action, right of action or any right of any kind whatsoever, embodied in any of the allegations referred to herein, and that no other person or entity of any kind had or has any interest in any of the demands, obligations, actions, causes of action, debts, liabilities, rights, contracts, damages, attorneys' fees, costs, expenses, losses or claims referred to herein.

11. Successors and Assigns. This Agreement, and all the terms and provisions hereof, shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, legal representatives, successors and assigns.

12. Assistance of Counsel. The Parties each specifically represent that they have consulted to their satisfaction with and received independent advice from their respective counsel prior to executing this Agreement concerning the terms and conditions of this Agreement. If no counsel has been consulted concerning the terms and conditions of this Agreement, then the respective Party not consulting with counsel specifically represents and affirms that such decision was knowingly and voluntarily made with the full and complete understanding that the other Party urges consultation with independent counsel over the terms and conditions of this Agreement.

13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original but all of which shall constitute one agreement.

14. Enforcement Costs. Should any legal action be required to enforce the terms of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that Party may be entitled.

15. No Third Party Beneficiaries . No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the Parties hereto and the Scannell Released Parties and City Released Parties, any rights, remedies, obligations or liabilities under or by reason of this Agreement. Notwithstanding the foregoing, Federal Express shall be allowed to enforce Section

4. 16. Severability. Should any portion, word, clause, phrase, sentence or paragraph of this Agreement be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected.

17. Ambiguity. The Parties acknowledge that this Agreement was jointly prepared by them and any uncertainty or ambiguity existing herein shall n ot be interpreted against any of the Parties, but otherwise shall be interpreted according to the application of the rules on interpretation of contracts.

18. Waiver. Failure to insist on compliance with any term, covenant or condition contained in this Agreement shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power contained in this Agreement at any one

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time or more times be deemed a waiver or relinquishment of any right or power at any other time or times.

19. Governing Law. This Agreement is made and entered into in the State of California, and shall in all respects be interpreted, enforced and governed under the laws of said State without giving effect to conflicts of laws principles. The Parties further agree that the Los Angeles County Superior Court will retain jurisdiction over this matter in the event that a dispute arises.

20. Entire Agreement. This Agreement constitutes the entire agreement between the Parties who have executed i t and supersedes any and all other agreements, understandings, negotiations, or discussions, either oral or in writing, express or implied between the Parties to this Agreement. The Parties to this Agreement each acknowledge that no representations, inducements, promises, agreements, or warranties, oral or otherwise, have been made by them, or anyone acting on their behalf, which are not embodied in this Agreement, that they have not executed this Agreement in reliance on any such representation, inducement, promise, agreement or warranty, and that no representation, inducement, promise, agreement or warranty not contained in this Agreement, including, but not limited to, any purported supplements, modifications, waivers, or terminations of this Agreement shall be valid or binding, unless executed in writing by all of the Parties to this Agreement.

21. Modifications. Any alteration, change, or modification of or to this Agreement shall be made by written instrument executed by each Party hereto in order to become effective.

22. Notices and Deliveries. All notices to be given and documents to be delivered under this Agreement shall be either (a) personally delivered (including sent by courier such as Federal Express, United Parcel Service and Express Mail of the U .S. Postal Service, as long as a signed receipt for delivery is obtained), or (b) sent by certified U.S. mail, postage prepaid, to the parties at the addresses set forth below:

If to the City:

City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Manager

With a copy to City’s legal counsel:

Fred Galante, Esq.

Aleshire & Wynder LLP
18881 Von Karman Ave., #1700
Irvine, CA 92612

If to Scannell:

Scannell Properties
8801 River Crossing Blvd., Suite 300
Indianapolis, Indiana 46240

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Attn: General Counsel

With a copy to its counsel:

John Condas, Esq.

Allen Matkins Leck Gamble Mallory & Natsis LLP
2010 Main Street, Suite 800
Irvine, CA 92614

IN WITNESS WHEREOF, the undersigned have executed this Agreement.

“City”
City of Chino, a municipal corporation

By: ______________________________________
Linda Reich, City Manager
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

By: ______________________
Fred Galante, Esq., City Attorney

“SCANNELL”
SCANNELL PROPERTIES #404, LLC, a Delaware
limited liability company

By: ______________________________________
Marc Pfleging, Manager

APPROVED AS TO FORM:

ALLEN MATKINS LECK GAMBLE

MALLORY & NATSIS LLP

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By: ______________________
John Condas, Counsel for Scannell

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EXHIBIT A

COUNTY DEDICATIONS DIF REIMBURSEMENTS

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EXHIBIT B

TOTAL ESTIMATED ELIGIBLE DIF REIMBURSEMENTS PER CONSTRUCTION

CREDIT AND REIMBURSEMENT AGREEMENT

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EXHIBIT C

CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT

[See attached]

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: JUNE 6, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: ADOPT RESOLUTION NO. 2023 -026: AMEND PARKING RESTRICTIONS FOR STREET SWEEPING.

RECOMMENDATION
Adopt Resolution No. 2023-026, modifying parking restrictions for street sweeping purposes.

FISCAL IMPACT
These is no fiscal impact.

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

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

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COUNCIL MEETING DATE: JUNE 6, 2023
SUBJECT: ADOPT RESOLUTION NO. 2023-026: AMEND PARKING RESTRICTIONS FOR

STREET SWEEPING
PAGE 2

BACKGROUND
Street sweeping helps to maintain and clean public streets through routine maintenance activities. The City has observed that on-street parking prohibits street sweepers from effectively sweeping the gutter edge of roadways. When vehicles park on the street during sweeping activities, the sweeper must go around parked cars missing the opportunity to clear the gutter of dirt and debris that collects over time, which negatively impacts keeping streets clean and reduces roadway life.

The California Vehicle Code (CVC) Section 22507.6 allows local jurisdictions to pass resolutions or ordinances for parking restrictions specifically targeting street sweeping. The City Municipal Code Section 10.28.065 enables parking restrictions on public roads for street sweeping during the days and hours specified by the resolution.

On December 6, 2022, City Council approved changes to the Code to allow parking restrictions to occur citywide for street sweeping purposes.

ISSUES/ANALYSIS
In March of 2023, staff was notified that in concurrence with their contract with the City, Waste Management, the trash pickup contractor used by the City, wished to exercise their ability to modify trash pickup dates to improve trash pickup service by balancing trash pickup citywide as the College Park and The Preserve communities have continued to grow. Residents were notified by mailer of the change to their weekly trash pickup day.

Street sweeping occurs twice a month on the next weekday following weekly trash pickup, except on some holidays. With the new change in the trash pickup schedule citywide, the street sweeping schedule requires adjustment to continue to occur on the weekday following trash pickup twice a month.

Staff coo rdinated with the City's street sweeper provider, Clean Sweep, to review street sweeping schedules accordingly and maintain a balanced street sweeping schedule. A new resolution is required for the City to continue to phase in parking restrictions on stree t sweeping days adjusted for the new dates and times public streets will be swept. Attached to this staff report is the updated map identifying the new days and times street sweeping will occur as part of the resolution.

Therefore, it is staff's recommend ation that City Council approve Resolution 2023 -026, modifying the days and times that parking restrictions can be enforced on public streets for street sweeping purposes.

Attachments: Resolution 2023-026
Street Sweeping Map

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RESOLUTION NO. 2023-026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO

ESTABLISHING PARKING RESTRICTIONS FOR STREET SWEEPING

PURPOSES CITYWIDE
WHEREAS, pursuant to authority provided by California Vehicle Code Section 22507.6 and Section 10.28.065 of the Chino Municipal Code, the City Council may specify by resolution certain days and hours during which street parking is prohibited; and WHEREAS, the City desires to apply parking restrictions for street sweeping purposes citywide; and
WHEREAS, the City desires for street sweeping to occur twice a month on a weekday immediately following trash pickup service.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. No person shall park or leave standing any vehicle on any street or portion of such street shown in Exhibit A between the hours of 7:00 a.m. and 4:00 p.m. on the days stated in Exhibit A for such streets. The ordinal numbers (1st, 2nd, 3rd, and 4th) in Exhibit A designate the day of the month. For example, “MONDAY 1st & 3rd” means the first and third Monday of each month.

Section 2. This Resolution shall become effective immediately upon adoption.

APPROVED AND ADOPTED THIS 6TH DAY OF JUNE, 2023.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

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RESOLUTION NO. 2023-026

State of California )
County of San Bernardino ) ss.

City of Chino )

I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting held on the 6TH day of June 2023, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

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Revenue: Expenditure: 5507380-48005/48007/48008/48009-G6220; 3508030-48005/48007/48008/48009-G6220

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M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: JUNE 6, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: AWARD OF CONSTRUCTION CONTRACT: CDBG ALLEY PROJECT (G6220).

RECOMMENDATION
1) Appropriate $205,000 from the unappropriated reserves of the Sanitation Fund (550) with a corresponding increase to Project No. G6220, for a revised project budget of $579,824.54; 2) award a construction contract in the amount of $396,135 to Wheeler Paving, Inc., Riverside, CA, for CDBG Alley Project East -West North of Chino Avenue between 9th Street and 13th Street Project (G6220); 3) authorize expenditures of up to $39,614 for construction management, $19,807 for inspection costs, and $59,421 f or construction contingency; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Requires an appropriation in the amount of $205,000 from the unappropriated reserves of the Sanitation Fund (550) with a corresponding increase to Project G6220 for a total project budget of $579,824.54. There is sufficient fund balance for this purpose.

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

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning

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COUNCIL MEETING DATE: JUNE 6, 2023
SUBJECT: AWARD OF CONSTRUCTION CONTRACT: CDBG ALLEY PROJECT (G6220) PAGE 2

BACKGROUND
The Community Development Block Grant (CDBG) program provides annual grants on a formula basis to states, cities, and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. The CDBG 2023-2024 One-Year Action Plan was approved by City Council on May 2, 2023 and recommended funding for an alley improvement project. The City of Chino opted to select the alley nort h of Chino Avenue between 9th Street and 13th Street for use of the eligible funds.

On October 26, 2021, the Capital Improvement Program issued informal Requests for Proposals to three (3) design engineering firms from the program’s on -call list. RKA Consulting Group was selected to complete the design. The scope of work included reconstruction of the alley pavement, including curb and gutter, alley approaches, and compliant accessibility ramps.

RKA Consulting Group completed the design at the direction of City staff prior to solicitation of construction bids.

ISSUES/ANALYSIS
On April 4, 2023, staff published a formal Notice Inviting Bids (IFB# 2023 -7004) via the City’s PlanetBids website and locally on April 8 and April 15, 2023. On April 27, 2023, at 10: 00 a.m., five (5) bids were received and opened. The following results include the top five (5) contractors:

Company Name City Bid Amount
Wheeler Paving, Inc. Riverside, CA $396,135.00
Tvr Construction Engineering Riverside, CA $430,360.00
Aneen Construction, Inc. Riverside, CA $437,427.00
All American Asphalt Corona, CA $789,110.00
Voltaire Engineering INCOMPLETE

The estimated project costs are itemized below:

Project Task Budget Amount
Construction $396,135.00
Construction Management (10%) $39,614.00
Inspection (5%) $19,807.00
Contingency (15%) $59,421.00
EST. PROJECT COST TOTAL $514,977.00

The low bidder, Wheeler Paving, Inc., Riverside, CA is properly licensed and deemed to be the lowest responsible bidder with a base bid in the amount of $396,135. In addition, staff is requesting authorization to spend up to $39,614 for construction management costs, $19,807

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for inspection costs, and $59,421 for contingency costs. This brings the total potential project construction cost to $514,977.

Attachment: G6220 - Wheeler Paving, Inc. - Construction Agreement

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PROJECT NO. G6220

CDBG ALLEY REHABILITATION PROJECT

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01225.0006/515653.2

Contract No.:

Approved:

AGREEMENT

“Alley 22 – From 9th Street to Alley West of 13th Street (Alley 12) Street Improvement Project – G6220”

THIS AGREEMENT is made and entered into this 6th day of June, 2023 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and Wheeler Paving, Inc., hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled “Alley 22 – From 9th Street to Alley West of 13 th Street (Alley 12) Street Improvement Project” in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work.

City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Three Hundred Ninety-Six Thousand One Hundred Thirty-Five Dollars and Zero Cents Dollars ($396,135) for completion of the contract work.

ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: Contractor shall begin work within fifty-five (55) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within twenty-five (25) working days from the date on which the work was started. If the work is not completed within said time period, liquidated damages shall apply.

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post-Bid Documents, the General Provisions, the Special Provisions,

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the Technical Spe cifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated in to and made part of this Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should C ity otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

ARTICLE VII: No officer or employee of t he City shall have any financial interest in this Agreement, nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation.

Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.

District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

13.15.b
Award of Construction Contract: CDBG Alley Project
Packet Pg. 320

01225.0006/515653.2
ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.

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

[SIGNATURES ON FOLLOWING PAGE]

13.15.b
Award of Construction Contract: CDBG Alley Project
Packet Pg. 321

01225.0006/515653.2
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Amer Jakher, P.E.

Director of Public Works

Wheeler Paving, Inc.

Dated: By:

(Signature)
Name:
(Please Type or Print Name)
Title:
(Please Type or Print Title)

CITY OF CHINO

Dated:

Linda Reich, City Manager

ATTEST:

Natalie Gonzaga, City Clerk

Date

13.15.b
Award of Construction Contract: CDBG Alley Project
Packet Pg. 322

Revenue: Expenditure: 5407360 -48005 | 48007 | 48008 | 48009 - SD200

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: JUNE 6, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: NOTICE OF COMPLETION - SD200 BENSON AVENUE STORM DRAIN PROJECT.

RECOMMENDATION
1) Accept the Benson Avenue Storm Drain Project (SD200), C.P. Construction Inc., Santa Fe Springs, CA contract No. 2022-063 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.

FISCAL IMPACT
The Project was completed within the Council approved project budget.

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

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning

13.16 NEW BUSINESS
Packet Pg. 323
COUNCIL MEETING DATE: JUNE 6, 2023
SUBJECT: NOTICE OF COMPLETION - SD200 BENSON AVENUE STORM DRAIN

PROJECT
PAGE 2

BACKGROUND
On July 6, 2021, City Council awarded a construction contract to C.P. Construction Co., Inc., Santa Fe Springs, CA, in the amount of $1,848,455 for the SD200 Benson Avenue Storm Drain Project from Philadelphia Street to Francis Avenue. Final cost of the project inc luding all change orders is $2,317,438.62. The project alignment is located west of the Chino Right of Way centerline on Benson Avenue between Philadelphia Street and Francis Avenue.

Construction consisted of installation of 66”, 60”, 36” and 24” reinforce d concrete pipe (RCP), catch basin construction, trench repair, shoulder paving and striping. All improvements within the project scope have been successfully constructed. The completed work included installing approximately 2,800 lineal feet of (RCP).

Throughout the project’s construction, the City has approved five (5) Contract Contingency Change Orders (CCO) for an amount of $468,983.62 to address various unforeseen field conditions, to allow the project to continue in the face of anticipated interferen ces rather than waiting for them to be relocated, and to allow for coordination and processing of requests received by the City of Ontario. Additional costs were also incurred due to timing conflicts with adjacent private development work on Philadelphia A venue, which would have resulted in closure of Philadelphia Avenue and Benson Avenue at the same time. These 4 previous change orders have resulted in completing the project nearly a year in advance of the originally delayed schedule by avoiding relocation of Edison poles but have also expended nearly all of the available project contingency funds.

ISSUES/ANALYSIS
All work has been completed per the terms of the construction contract 2022 -063. The following is a summary of the final accounting costs for construction.

Project SD200 Contract Contingency Balance
Original Contract & Contingency $1,848,455.00 $184,846.00 Change Order No. 1 $180,222.57 -$180,222.57
Change Order No. 2 -$180,222.57 $180,222.57
Change Order No. 3 -$313,050.00 $0.00
Change Order No. 4 $436,676.86 -$123,626.86
Contract Increase 3.7.23 $284,137.62
Change Order No. 5 $345,356.76 -$61,219.14
Final Contract & Contingency Balance $2,317,438.62 $0.00

C.P. Construction Co. Inc., Santa Fe Springs, CA, has complied with the terms of the contract.

A Notice of Completion has been prepared for filing with the San Bernardino County Recorder's Office. The retention funds will be released following the 35-day lien period.

13.16 NEW BUSINESS
Packet Pg. 324
COUNCIL MEETING DATE: JUNE 6, 2023
SUBJECT: NOTICE OF COMPLETION - SD200 BENSON AVENUE STORM DRAIN

PROJECT
PAGE 3

Attachment: Notice of Completion - Project No. SD200

13.16 NEW BUSINESS
Packet Pg. 325

ECORDING REQUESTED BY
City of Chino
Public Works Department
P.O. Box 667
Chino, CA 91708

AND WHEN RECORDED MAIL TO

City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION

CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

Notice is hereby given that:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Chino

3. The full address of the undersigned is 13220 Central Avenue, Chino, CA 91710

4. The nature of the title of the undersigned is: In fee (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:

Names Addresses

N/A

N/A

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

N/A

N/A
(If no transfer made, insert “none”)

7. A work of improvement on the property hereinafter described was completed on June 6, 2023

8. The name of the contractor, if any, for such work of improvement was:

CP Construction, Inc.
(If no contractor for work of improvement as a whole, insert “none”)

9. The property on which said work of improvement was completed is in the City of Chino, County of San Bernardino, State of California, and is described as follows:

Benson Avenue Storm Drain Project (SD200)

10. The street address of said property is None
(If no street address has been officially assigned, insert “none”)

SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: 06/06/2023 Amer Jakher, Director of Public Works

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss

CITY OF CHINO )

I HEREBY CERTIFY that I am the Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury, that the foregoing is true and correct. Executed on June 6, 2023 , at City of Chino, California

Amer Jakher
Director of Public Works

13.16.a
Notice of Completion - SD200 Benson Avenue Storm Drain
Packet Pg. 326

Revenue: Expenditure: 3207100-48004/48007-ST203

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: JUNE 6, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: APPROPRIATION OF FUNDS: ST203 - PINE AVENUE IMPROVEMENTS.

RECOMMENDATION
1) Appropriate $650,000 from the Transportation Fund (320) with a backfill from the unappropriated reserves of the Bridges, Signals, and Thoroughfare Preserve Development Impact Fee Fund (260); 2) increase the project budget for the Pine Avenue Impro vements Project ST203 by $650,000 for a new revised project budget of $4,568,113; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Requires an appropriation in the amount of $650,000 from the Transportation Fund (320) with a backfill from the unappropriated reserves of the Bridges, Signals, and Thoroughfare Preserve Development Impact Fee Fund (260). Increase the project budget for Project ST203 by $650,000, for a revised project budget of $4,568,113 . There is sufficient fund balance in Fund 260 for this purpose.

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

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

13.17 NEW BUSINESS
Packet Pg. 327
COUNCIL MEETING DATE: JUNE 6, 2023
SUBJECT: APPROPRIATION OF FUNDS: ST203 - PINE AVENUE IMPROVEMENTS PAGE 2

BACKGROUND
Project ST203 - Pine Avenue, between Euclid and Hellman Avenues (Pine Avenue), is a master-planned facility included in the City’s Development Impact Nexus and Calculation Report, which will ultimately be a six -lane arterial roadway with a raised landscaped median.

The roadway improvements are being constructed in phases, with Stages 1 -3 (Ph ase 1 Improvements) and Stage 4 being constructed by the Chino Preserve Development Corporation (a Lewis Management Corporation Company “Lewis”). Stages 1 and 2 of the Phase 1 Improvements include widening of Pine Avenue to four lanes between Euclid Avenu e and Meadowhouse Avenue and have been completed. The City will be improving and widening this section of Pine Avenue from Euclid Avenue to Johnson Avenue to six lanes in order to increase traffic flow, relieve traffic congestion, and improve the quality of life for the residents in the south Chino area. Additionally, raising Pine Avenue from Euclid Avenue to Johnson Avenue approximately 4.5’ above the El Prado Basin’s 100 -year ponding depth will increase public safety by allowing access during flooding ev ents and, therefore, faster response times by the Chino Police Department and Chino Valley Fire.

The ultimate configuration of Pine Avenue will require additional rights -of-way, relocation of existing utilities, changes in vertical profile, modification o f intersections, new pavement and striping, provisions for new sewer, domestic water, recycled water, drainage, and water quality facilities. Construction of these new improvements requires coordination with adjacent property owners and/or review and permi ts from the Army Corps of Engineers, Orange County Flood Control District, Caltrans, the California Department of Fish and Wildlife, and utility companies.

Out of the remaining balance left in the project’s funds, a total of $2,466,695 was earmarked for the Lewis Reimbursement of the Stage 4 Pine Avenue Improvements adjacent to the Falloncrest Project, which will lead to a transfer out of the Fund 320 for the reimbursement. As a result of the transfer, the remaining funds left in Fund 320 will not suffice f or the remaining approved work expected to be completed this fiscal year.

ISSUES/ANALYSIS
To proceed with the design of the project, additional funds for this fiscal year are needed. Staff recommends an appropriation of $650,000 from the Transportation Fun d (320) backfilled by the Bridges, Signals, and Thoroughfare Preserve Development Impact Fee Fund (260) with a corresponding increase to Project No. ST203, for a revised project budget of $4,568,113.

13.17 NEW BUSINESS
Packet Pg. 328

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: JUNE 6, 2023

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO

FROM: LINDA REICH, CITY MANAGER

SUBJECT: RECEIVE AND FILE A LEGISLATIVE UPDATE AND CONSIDER NEW LEGISLATIVE POSITION LETTERS.

RECOMMENDATION
Receive a report on tracked legislation and discuss official City positions as recommended by the Legislative Policy Committee on new pieces of legislation consequential to the City of Chino.

FISCAL IMPACT
There is no direct fiscal impact associated with this action.

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

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships

14.18 MAYOR AND COUNCIL REPORTS
Packet Pg. 329
COUNCIL MEETING DATE: JUNE 6, 2023
SUBJECT: RECEIVE AND FILE A LEGISLATIVE UPDATE AND CONSIDER NEW

LEGISLATIVE POSITION LETTERS
PAGE 2

BACKGROUND
On May 24, 20 23, the Legislative Policy Committee (LPC) met to hear updates on tracked pieces of legislation, actions/meetings staff has taken to promote official city positions, as well as to consider new official stances on new pieces of legislation.

To provide co ntext of where the legislative session is currently, from May 30 - June 2, the California State Senate and State Assembly held floor sessions. It is required that each house pass bills introduced in the house of origin by Friday, June 2. Thereafter, starti ng on Monday, June 5, committee meetings may resume to review bills introduced in the first house. Summer recess for both houses will occur from July 14 - August 14. Floor sessions in the second house will occur from September 5 - September 14, 2023.

ISSUES/ANALYSIS
As the legislative session is beyond the halfway point, it is necessary to review where each tracked piece of legislation stands today and consider the LPC's recommendations on new pieces of legislation. Provided below is a summary of tracked p ieces of legislation (as of this writing) as well as new bills to consider with the LPC’s recommended positions.

Bill Number Title Position / Status
SB 4 Planning and zoning: housing
development: higher
education institutions and
religious institutions
Oppose / Senate Floor
SB 423 Land use: streamlined
housing approvals: multifamily
housing developments:

Oppose / Appropriations
Committee
AB 257 Encampments: penalties Support if amended / Two- year bill
AB 367 Controlled Substances:

Enhancements
Support / Two-year bill
AB 797 Local Government: Police
Boards
Oppose / Two-year bill
SB 31 Encampments: Sensitive
Areas: Penalties
Support / Two-year bill
SB 55 Vehicles: Catalytic Converters Support / Assembly Policy SB 536 Surplus State Real Property:

Heman G. Stark Youth
Correctional Facility
Support / Senate
Governmental Organizational
Committee
AB 40 Emergency Medical Services Support / Senate Policy AB 55 Medi-Cal: Workforce
Adjustment for ground
Support / Two-year bill

14.18 MAYOR AND COUNCIL REPORTS
Packet Pg. 330
COUNCIL MEETING DATE: JUNE 6, 2023
SUBJECT: RECEIVE AND FILE A LEGISLATIVE UPDATE AND CONSIDER NEW

LEGISLATIVE POSITION LETTERS
PAGE 3

ambulance transports
AB 97 Firearms: Unserialized
firearms
Support / Senate Policy
AB 250 State highways: State Route
83: reduction
Support / Senate Policy
AB 474 State Threat Assessment
Center: Transnational
Criminal Organizations
Support / Senate Policy
AB 1505 Seismic Retrofitting: Soft story
Multifamily Housing.

Support / Assembly Floor
AB 1303 California Emergency
Services Act: Disaster
Preparedness
Support / Two-Year
SB 316 Shoplifting: Increased
penalties for prior crimes
Support / Two-Year
SB 20 Joint Powers Agreements:

Regional Housing Trusts
Support / Assembly Policy
SB 459 Domestic Violence:

Restraining Orders
Support / Assembly Policy
SB 690 Domestic Violence Support / Assembly Desk
AB 1708 Theft Support / Two-Year

Other Bills to Consider:

With some bills no longer moving through the legislative process or being extended to two years, provided below are additional bills the LPC discussed on May 24 along with the recommended positions.

Bill Number
and (Author)
Summary Change to Law Legislative Policy
Committee
Recommendation /
Status
AB 742
(Jackson)
This bill would prohibit the use of an unleashed
police canine by law enforcement to apprehend a
person, and any use of a police canine for crowd
control. The bill would prohibit law enforcement
agencies from authorizing any use or training of a
police canine that is inconsistent with this bill.

Oppose / Assembly
Floor
AB 1034
(Wilson)
This bill would prohibit a law enforcement agency
or law enforcement officer from installing,
activating, or using any biometric surveillance
Oppose / Senate Policy

14.18 MAYOR AND COUNCIL REPORTS
Packet Pg. 331
COUNCIL MEETING DATE: JUNE 6, 2023
SUBJECT: RECEIVE AND FILE A LEGISLATIVE UPDATE AND CONSIDER NEW

LEGISLATIVE POSITION LETTERS
PAGE 4

system in connection with an officer camera or
data collected by an officer camera. The bill would
authorize a person to bring an action for equitable
or declaratory relief against a law enforcement
agency or officer who violates that prohibition.

AB 480
(Ting)
This bill would exempt a local agency, in specified
instances, from making a declaration at a public
meeting for land that is “exempt surplus land” if the
local agency identifies the land in a notice that is
published and available for public comment at
least 30 days before the exemption takes effect.

Oppose / Senate Policy
SB 747
(Caballero)
Current law authorizes a city, county, or city and
county, with the approval of its legislative body by
resolution after a public hearing, to acquire, sell, or lease property in furtherance of the creation of an
economic opportunity, as defined. Existing law
specifies the Legislature’s intent regarding those
provisions. This bill would authorize a city, county,
or city and county, in addition to a sale or lease, to
otherwise transfer property to create an economic
opportunity. The bill would make related,
conforming changes.

Support / Senate Floor

Attachment: Proposed Position Letters.

14.18 MAYOR AND COUNCIL REPORTS
Packet Pg. 332

June 6, 2023

The Honorable Assembly Member Philip Ting
State Capitol, Ste. 8230
Sacramento, CA 95814

Re: Oppostion to Assembly Bill 480

Dear Assembly Member Ting:

The City of Chino (“City”) writes to respectfully oppose Assembly Bill (“AB”) 480, which undermines the ability of local agencies to conduct appropriate economic development activities on properties they acquire or otherwise own, by expanding the scope of authority for Department of Housing and Community Development (HCD) to review “ any action to dispose of land,” which would include properties retained for agency use, properties declared “exempt surplus,” and properties that local agencies are authorized by other laws to acquire and dispose of for economic development purposes.

The implementation of the Surplus Lands Act (SLA), including HCD’s recent guidelines, have created delays and difficulties for local government agencies dealing with the control and disposal of their local properties. Regrettably, AB 480 would compound those difficulties by expanding state reviews and delays affecting properties retained for agency use and declared exempt surplus.

Rather than expanding the scope of the SLA, the law instead requires significant reform. The Legislature should evaluate the difficulties, burea ucratic delays , and unintended consequences caused by implementation of the existing law on local agency activities, including addressing unresolved conflicts with other laws and state policy priorities.

It is for these reasons, the City of Chino respectfully opposes AB 480. Please feel free to contact the City of Chino Administration Department at (909) 334-3338 or via email at [email protected].

Sincerely,

Eunice M. Ulloa
Mayor

cc: State Senator Susan Rubio
Assembly Member Freddie Rodriguez

14.18.a
Legislative Update and New Position Letters
Packet Pg. 333

June 6, 2023

The Honorable Assembly Member Lori Wilson
One Harbor Center, STE. 270
Suisun City, CA 94585

Re: Opposition to Assembly Bill 1034

Dear Assembly Member Wilson:

The City of Chino respectfully oppose s AB 1034 (Wilson). This measure would, until January 2027, prohibit a law enforcement agency or law enforcement officer from installing, activating, or using any biometric surveillance system in connection with an officer camera or data collected by an off icer camera and would authorize a person to bring an action for equitable or declaratory relief against a law enforcement agency or officer who violates that prohibition. Facial recognition technology is one of many tools utilized in identifying an individual by comparing a digital image of the person’s face to a database of known faces, typically by measuring distinct facial features and characteristics.

This technology does not by itself result in ultimate identification, but it may generate investigati ve leads necessary for combatting crime within our communities. Technology assists our law enforcement partners in doing their jobs more efficiently and ultimately improves public safety. Moreover, the City of Chino Police Department has taken substantial steps to utilize this vital technology in a responsible and effective manner. This legislation will remove a valuable tool and restrict access to available technology to prevent criminal activity in the Chino Community.

It is for these reasons that the City of Chino is opposed to AB 1034. Should you have any questions, please feel free to contact the City of Chino at (909) 334-3338 or via email at [email protected].

Sincerely,

Eunice M. Ulloa
Mayor

cc: State Senator Susan Rubio
Assembly Member Freddie Rodriguez

14.18.b
Legislative Update and New Position Letters
Packet Pg. 334

June 6, 2023

The Honorable Anna Caballero
State Capitol, Ste. 7620
Sacramento, CA 95814

Re: Support of Senate Bill 747

Dear Senator Caballero:

The City of Chino writes to support Senate Bill (“SB”) 747, which contains much needed clarifications and reforms to the Surplus Land Act (SLA) and reaffirms the role of existing Economic Opportunity Law that is used by local agencies to acquire and dispose of property to improve economic opportunities for local residents.

The implementation of the SLA, including recent guidelines by the Housing and Community Development Department has created delays and difficulties for local government agencies to further housing and economic development goals in service of the ir residents. SB 747 addresses these concerns through an array of helpful changes to the SLA, including clarifying that only leases of less than 15 years are subject to the SLA, providing exemptions to assist transit, transit oriented development, airport s, ports and other important agency uses, and avoiding delays for affordable housing developments which comply with the SLA’s affordability requirements.

The City of Chino thanks you for your leadership and ensuring that the administration of the SLA remains consistent with legislative intent and avoids unintended delays or conflicts with other laws - including actions to support economic development. It is for these reasons, the City of Chino is in s upport SB 747.

Should you have any questions, please feel free to contact the City of Chino at (909) 334-3338 or via email at [email protected].

Sincerely,

Eunice M. Ulloa
Mayor

cc: State Senator Susan Rubio
Assembly Member Freddie Rodriguez

14.18.c
Legislative Update and New Position Letters
Packet Pg. 335

June 6, 2023

The Honorable Assembly Member Corey Jackson
18700 Lake Perris Drive
Perris, CA 92571

Re: Opposition to Assembly Bill 742

Dear Assembly Member Jackson:

On behalf of the City of Chino, we are writing to express our opposition to Assembly Bill (“AB”) 742. As written, this bill isolates the use of police canines to very specific circumstances that would unreasonably require a responding officer to have access t o specific pieces of informat ion before deploying a police canine. As you can appreciate, when officers respond to a call for service, swift decisions are required to ensure the health and safety of the public. As the Chino Police Department can assuredly attest, police canines have s aved countless people from death and serious injury – this includes responding police officers.

De-escalation is the number one priority for our officers facing hostile situations, which is why our canines play such an important role. In the overwhelming majority of deployments, canines result in the suspect’s compliance without any need for force. Not allowing canines except in situations as drastic as those requiring the immediate use of a firearm shows a lack of understanding of their comprehensive val ue and complete disregard for community safety.

It is the City of Chino’s contention that this bill applies wholesale changes under false pretenses that ultimately endanger the lives of the public and police officers. It is for these reasons that the City of Chino is opposed to AB 742.

Sincerely,

Eunice M. Ulloa
Mayor

cc: State Senator Susan Rubio
Assembly Member Freddie Rodriguez

14.18.d
Legislative Update and New Position Letters
Packet Pg. 336