Agenda packet — Chino City Council, October 17, 2023

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

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY OCTOBER 17, 2023

REGULAR MEETING
AGENDA
CLOSED SESSION – 5:00 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

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

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

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 Number of Potential Cases: One

2. 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
1 CHINO CITY COUNCIL
OCTOBER 17, 2023 2

FLAG SALUTE

CEREMONIALS
Proclamations
Lights On Afterschool Day. Proclaim October 26, 2023 as Lights On Afterschool Day.

Presentations
Chino Police Department Chaplain Retirement. Recognition of Pastor Sheldon Boyd on his retirement.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
Legislative Update. Receive and File the Legislative Update.

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 or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 767461 to 767655, and Electronic Fund Transfers 518041E to 518114E, totaling $5,319,524.07.

2. Minutes. Regular Meeting Minutes for October 3, 2023 (Mayor Pro Tem Comstock Absent-Excused).

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.

4. Resolution Denouncing Antisemitism and Condemning all Forms of Hate. Adopt Resolution 2023-065, a Resolution Denouncing Antisemitism and Condemning All Forms of Hate in the City of Chino.
2 CHINO CITY COUNCIL
OCTOBER 17, 2023 3

5. Fiscal Year 2022 Emergency Management Performance Grant (EMPG). Authorize the acceptance of the Fiscal Year 2022 Emergency Management Performance Grant (EMPG) in the amount of $24,609 to purchase laptops and an interactive whiteboard for the Emergency Operations Center (EOC).

6. Amendment No. 7 - Preliminary Engineering & Design Services Pine Avenue Improvement Project (ST203). Approve Amendment No. 7 with Proactive Engineering Consultants for Preliminary Engineering and Design Professional Services in an amount of $102,308, for a revised agreement total not-to-exceed $1,370,426.

7. Purchase Order - Pres-Tech Manufacturers’ Representatives, Inc. Approve a purchase order in the amount of $87,460.96 for the purchase of a 2024 Single Axle Valve Turner Vacuum Trailer.

8. Purchase Order - Los Angeles Truck Centers LLC. Approve a Purchase Order in the amount of $641,175.57 to Los Angeles Truck Centers LLC for a model year 2025 Freightliner 114SD Sewer Vacuum Truck and a model year 2024 Ford F-550 Regular Cab Service Body Truck.

9. Purchase Order - Altec Industries, Inc. Approve a purchase order for a 2025 Ford F -550 boom truck in the amount of $177,983.45.

10. Adoption of Ordinance No. 2023 -019. Adoption of Ordinance No. 2023 -019 approving PL20-0003 (Prezone/Annexation) in conjunction with the annexation of the East End Annexation area (Second Reading).

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, PREZONING 52.32 ACRES OF LAND TO LIGHT INDUSTRIAL (M1) AND 4.55 ACRES OF LAND TO GENERAL INDUSTRIAL (M2) FOR PARCELS GENERALLY LOCATED SOUTH

OF FRANCIS AVENUE, WEST OF EAST END AVENUE, NORTH OF PHILADELPHIA STREET, AND A SMALL PORTION SOUTH OF PHILADELPHIA STREET (APNS:
1013-261-17, 1013-271-01, -10, -11, -06, -13, -14, 1013-521-04, -05, -11, -14, -15, -16, -18, 1013-531-04, -07, 1016 -011-02, -03, -05, -06, -08, -09, -10, & -15) WITHIN THE CITY OF

CHINO SPHERE OF INFLUENCE AND IN CONNECTION WITH (PREZONE/ANNEXATION PL20-0003) AND AMENDING ORDINANCE NO. 2010-06.

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.

11. Annexation of Territory into Existing Community Facilities District No. 2003 -03 Improvement Area 5. Conduct a Public Hearing regarding Annexation No. 8 of Territory into Existing Community Facilities District No. 2003-03 Improvement Area 5.

Staff Report By: Rob Burns, Director of Finance
RECOMMENDATION: 1) Conduct a Public Hearing; 2) adopt Resolution No. 2023 -062 calling a special election for the purpose of approving an annexation into Improvement Area 5 of the Community Facilities District No. 2003-03; 3) adopt Resolution No. 2023 -063, declaring results of the special election; and 4) authorize the City Manager to execute all documents on behalf of the City.
3 CHINO CITY COUNCIL
OCTOBER 17, 2023 4

NEW BUSINESS

12. Issuance of Bonds Community Facilities District 2021 -1. Adopt Resolution 2023 -064 for the issuance of Bonds for Community Facilities District (CFD) 2021-1.

Staff Report By: Rob Burns, Director of Finance
RECOMMENDATION: 1) Adopt Resolution No. 2023 -064 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 2021 -1 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.

13. Second Amendment - Edison Avenue Reimbursement Agreement (L.S. College Park, LLC).

Approve a reimbursement agreement amendment with LS College Park, LLC for the design/construction of public improvements on Edison Avenue between Central to Oaks Avenues in the amount of $1,292,860 for a total contract amount not to exceed $13,700,000.

Staff Report By: Sylvia Ramos, Associate Engineer
RECOMMENDATION: 1) Appropriate $342,463 to Fund 328 Measure I Arterial Subprogram with a corresponding revenue reimbursement increase retroactive to FY22 -23; 2) appropriate $1,657,537 to Fund 328 Measure I Arterial Subprogram with a corresponding revenue reimbursement increase for FY23 -24; 3) appropriate $3,269,000 to the Transportation Fund with a corresponding year end transfer from the Citywide Transportation Development Impact Fee Fund 220 for FY23 -24; 4) increase the budget for ST163 by the additional appropriations listed above: $342,463 for FY22 -23 for a revised reimbursement agreement budget of $8,773,463 and $4,926,537 for FY23-24 for a total revised agreement budget of $13,700,000; 5) approve an amendment to the reimbursement agreement 2017 -152 with LS College Park, LLC. for the design/construction of public improvements on Edison Ave between Central and Oaks Avenues in the amount of $1,292,860 for a total reimbursement agreement of $13,700,000; and 6) authorize the City Manager to execute all the necessary documents of behalf of the City.

14. Purchase Order - M.K. Smith Chevrolet. Approve a Purchase Order in the amount of $421,531.04 for (2) 2023 Chevrolet Colorados, (2) 2023 Chevrolet Express Vans, (5) 2023 Chevrolet 1500 Regular Cab Pickup trucks for Public Works and (1) 2023 Chevrolet Tahoe for the Police Department.

Staff Report By: Keith Martinez, Assistant Public Works Services Manager RECOMMENDATION: 1) Approve an additional appropriation of $22,200 from the unappropriated reserves of the Equipment Management Fund (660); 2) approve a purchase order to M.K. Smith Chevrolet, Chino, CA, in the amount of $421,531.04 for the purchase of two (2) Model Year 2023 Chevrolet Colorado, two (2) Model Year 2023 Chevrolet Express Vans, five (5) Model Year 2023 Chevrolet 1500 Regular Cab Pickup trucks for the Public Works Department, and one (1) Model Year 2023 Chevrolet Tahoe for the Police Department; 3) increase the vendor cap for M.K. Smith Chevrolet to $568,274.88; and 4) authorize the City Manager to execute all necessary documents on behalf of the City. 4 CHINO CITY COUNCIL
OCTOBER 17, 2023 5

15. Purchase Order - Fairview Ford Sales, Inc. Approve a Purchase Order to Fairview Ford Sales, Inc. in the amount of $674,479.85 for eleven (11) model year 2025 Ford Police Utility Interceptors for the Chino Police Department.

Staff Report By: Keith Martinez, Assistant Public Works Services Manager RECOMMENDATION: 1) Approve an appropriation in the amount of $50,000 from the unappropriated reserves of the Equipment Management Fund; 2) approve a purchase order to Fairview Ford Sales, Inc., San Bernardino, CA, in the amount of $674,479.85 for the purchase of eleven (11) Model Year 2025 Ford Police Utility Interceptors for the Police Department; 3) increase the vendor cap for Fairview Ford Sales, Inc. to $750,991.37; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

16. Vendor Cap Increase and Award of Contract - American Guard Services, Inc. Approve a vendor cap increase in the amount of $25,000 for a total not -to-exceed amount of $75,000 for private security patrol services and award a new contract for a total not -to-exceed amount of $157,200 to American Guard Services, Inc.

Staff Report By: Jackie Melendez, Assistant City Manager RECOMMENDATION: 1) Approve a vendor cap increase with American Guard Services, Inc. in the amount of $25,000 for a total not -to-exceed amount of $75,000 for services through October 31, 2023, 2) Award a new contract to American Guard Services, Inc., Los Angeles, CA in the amount of $157,200, 3) appropriate $37,200 from the unappropriated reserves of the General Fund, and 4) authorize the City Manager to execute the necessary documents on behalf of the City, and to approve up to two, one year contract extensions.

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 Comstock
Council Member Burton
Council Member Flores

17. Community Support Fund - Council Member Flores. Approve community support fund contribution to the Chino Youth Museum.

Staff Report By: Council Member Christopher Flores
RECOMMENDATION: Approve community support fund contribution of $500 to the Chino Youth Museum.

Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
5 CHINO CITY COUNCIL
OCTOBER 17, 2023 6
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, November 7, 2023 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, October 12, 2023 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
6 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Lights On Afterschool Day Proclamation – October 26, 2023. ..end
..body

7 8

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Chino Police Department Retirement - Chaplain Sheldon Boyd. ..end
..body

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
 Superior Customer Service
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

9 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Receive and File the Legislative Update.
..end
..body

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
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

10 As of October 11, 2023
Measure Author T opic Current Version Status Summary City Position
AB 40 Rodriguez, D Emergency medical services. 09/15/2023 - E nrollment H TML P DF
09/15/2023 - Enrolled and
presented to the Governor at 4
p.m.

This bill would require the California Emergency Medical Services Authority to develop and implement an electronic signature to document when an ambulance arrives and transfers care at a hospital, as well as an audit tool to improve data accuracy. The bill would also require local EMS agencies to develop a maximum 30- minute standard for ambulance patient offload time, and it would require hospitals to develop a protocol for reducing that time. Furthermore, the bill would mandate the Authority to monitor and report ambulance patient offload time exceedance to the relevant local EMS agency. Violations of this bill could be punishable as a misdemeanor.
(
Based on
09/
12/2023
t
ext)
Support
AB 55 Rodriguez, D Medi-Cal: workforce adjustment for ground ambulance transports.
04/27/2023 -
A mended H TML P DF
05/19/2023 - Failed Deadline
pursuant to Rule 61(a)(5). (Last
location was APPR. SUSPENSE
FILE on 5/10/2023)(May be acted
upon Jan 2024)
The Medi-Cal program provides health care services to low-income individuals, and is partly funded by the federal Medicaid program. This bill would establish an additional payment for services provided by ground ambulance transport, with the rate varying depending on the point of pickup and whether the service was for an emergency or non-emergency. Providers who meet the workforce standards - such as emergency medical dispatchers, emergency medical technicians, paramedics, and registered nurses - set by the State Department of Health Care Services would receive the payment. The bill would authorize the department to recoup payments from providers who don't meet the standards and would condition requiring the payment on receiving necessary federal approvals. There is no required reimbursement for local agencies and school districts for this bill. (
Based
on
04/
27/2023
t
ext)
Support
AB 97 Rodriguez, D Firearms: unserialized firearms. 09/26/2023 - C haptered H TML P DF
09/26/2023 - Approved by the
Governor. Chaptered by Secretary
of
State - Chapter 233, Statutes of
2023.

Under current law, people who manufacture or assemble a firearm without a serial number are required to apply to the Department of Justice for a unique mark of identification, which must then be affixed to the firearm. It is against the law to make or help someone make a firearm without a state or federal serial number or mark of identification. If someone knowingly possesses a firearm without a serial number or mark, they can face criminal charges. This bill would require the Department of Justice to collect and report data about arrests made for violations of the law from now until 2033. They would also have to prepare and distribute a report about the data they've collected starting in 2025 and every year afterwards. (
Based
on
09/
26/2023
t
ext)
Support
AB 250 Rodriguez, D State highways: State Route 83: reduction. 10/09/2023 - C haptered H TML P DF
10/08/2023 - Approved by the
Governor. Chaptered by Secretary
of
State - Chapter 516, Statutes of
2023.

Existing law gives the Department of Transportation control over all state highways, including the routes, and how they are given out. The California Transportation Commission can relinquish certain state highway segments to local cities.

Specifically, it has designated State Route 83 from Route 71 to Route 10 and gives the City of Ontario authority over that route. This bill is proposing that the commission should also give Chino authority over part of State Route 83, and sets rules for transferring ownership of the highway.
(
Based on
10/
08/2023
t
ext)
Support
(City of Chino
Sponsored)

Page 1 of 6 ends

11 AB 257 Hoover, R Encampments: penalties. 02/23/2023 - A mended H TML P DF
04/28/2023 - Failed Deadline
pursuant to Rule 61(a)(2). (Last
location was PUB. S. on
2/2/2023)(May be acted upon Jan
2024)
Under existing law, it is a misdemeanor crime if someone lodges in a place without permission, or willfully and maliciously obstructs the free movement of people in a public place. This bill would make it an infraction or misdemeanor if someone camps in a street, sidewalk, or public property within 500 feet of a school, daycare center, playground, or youth center. If someone is charged with this misdemeanor, they may be eligible for a diversion program, such as a mental health or court-initiated diversion program. The state will not have to provide reimbursement for this bill. ( Based on
02/
23/2023
t
ext)
AB 335 Alanis, R Retail theft. 03/09/2023 -
A mended H TML P DF
05/19/2023 - Failed Deadline
pursuant to Rule 61(a)(5). (Last
location was APPR. SUSPENSE
FILE on 4/19/2023)(May be acted
upon Jan 2024)
This bill constantly updates existing law to keep up with organized retail thefts. It requires the state and local law enforcement to collect and provide data on retail theft to the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy. The commission is required to submit a report to the Legislature that describes the reported retail thefts by January 1, 2026. If the Commission on State Mandates determines that the bill contains costs mandated by the state, then reimbursement for those costs will be made. (
Based
on
03/
09/2023
t
ext)
AB 367 Maienschein, D Controlled substances: enhancements. 03/22/2023 - A mended H TML P DF
05/19/2023 - Failed Deadline
pursuant to Rule 61(a)(5). (Last
location was PUB. S. on
2/9/2023)(May be acted upon Jan
2024)
This bill states that if a person sells, furnishes, administers, or gives away fentanyl or a related substance and that person suffers a significant or substantial physical injury as a result, then the person who sold, furnished, administered, or gave away the substance can get an added sentence of 3-5 years in state prison. This does not apply to juvenile offenders. This bill also specifies that the state of California does not have to reimburse local agencies for this program.
(
Based on
03/
22/2023
t
ext)
Support
AB 474 Rodriguez, D State Threat Assessment Center:
transnational criminal organizations.
10/09/2023 -
V etoed H TML P DF
10/08/2023 - Vetoed by Governor. This bill requires the State Threat Assessment Center (STAC) to prioritize efforts to disrupt and dismantle criminal networks trafficking opioid drugs in California. In addition, the STAC must also support state and local interagency task forces and provide training to public safety personnel. This is part of the responsibility of the Office of Emergency Services, which is a part of the Office of the Governor and already responsible for addressing natural, technological, or human-caused disasters and emergencies, and preventing, responding to, recovering from, and mitigating the effects of emergencies and disasters.
(
Based on
09/
13/2023
t
ext)
Support
AB 480 Ting, D Surplus land. 09/21/2023 -
E nrollment H TML P DF
09/21/2023 - Enrolled and
presented to the Governor at 3:30
p.m.

This bill discusses the disposal of surplus land by local agencies. It will require certain notice requirements before disposing of the land, and describes what is considered "disposing" of the land, with the exception of certain land leases that are less than 15 years under particular conditions. It also expects local agencies to declare land as surplus in a public meeting, make a land restriction affidavit, and provides penalties for violations of the provisions. This bill also includes provisions for a payment agreement for land used for open-space, school, or low- and moderate-income- housing purposes. It also requires the Department of Housing and Community Development to post a list of all notices of availability and entities interested in surplus land for low- and moderate-income housing. Lastly, the bill will make a local agency that violates these provisions liable for a penalty of 30% of the applicable disposition value and prohibits the penalties from applying to nonsubstantive violations that don't impact the availability or construction of housing.
(
Based on
09/
18/2023
t
ext)
Oppose

Page 2 of 6 ends

12 AB 1034 Wilson, D Law enforcement: facial recognition and other biometric surveillance.
05/01/2023 -
A mended H TML P DF
09/14/2023 - Failed Deadline
pursuant to Rule 61(a)(14). (Last
location was INACTIVE FILE on
9/11/2023)(May be acted upon
Jan 2024)
This bill would establish new policies and procedures to ensure that body-worn cameras worn by peace officers are used properly. It requires all law enforcement agencies, departments, or entities to consider best practices when establishing policies for body-worn cameras. It would also prohibit any biometric surveillance systems or other data-collection technology from being used with officer cameras.

Furthermore, it grants people the right to sue any law enforcement agency or officer who violates this prohibition. These provisions currently expire on January 1, 2027.
(
Based on
05/
01/2023
t
ext)
Oppose
AB 1484 Zbur, D Temporary public employees. 10/10/2023 - C haptered H TML P DF
10/10/2023 - Signed by the
Governor
This bill would impose new requirements on public employers in regards to their temporary employees. It would require that they automatically be included in the same bargaining unit as the permanent employees if the requested classification is not present, as well as require the employer to promptly participate in collective bargaining and provide the temporary employee with job descriptions and possible benefits. The bill would recognize that public agencies may pursue available remedies to seek reimbursement for the costs mandated by the state but would not provide reimbursement itself.
(
Based on
09/
18/2023
t
ext)
Oppose
AB 1505 Rodriguez, D Seismic retrofitting: soft story multifamily housing.
07/03/2023 -
A mended H TML P DF
09/14/2023 - Ordered to inactive
file at the request of Senator
McGuire.

Existing law in California creates the California Earthquake Authority (CEA) and the California Residential Mitigation Program (CRMP), which provide financial assistance to owners of soft story multifamily housing that is at risk of collapse in earthquakes. A fund of $250 million from the state's General Fund was set up to support the Seismic Retrofitting Program for Soft Story Multifamily Housing, but this bill would remove the requirement for this appropriation and instead allow the Office of Emergency Services to use federal funds from the Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities to support this program. (
Based on
07/
03/2023
t
ext)
Support
ACA 13 Ward, D Voting thresholds. 09/14/2023 -
A mended H TML P DF
09/14/2023 - Read third time.

Adopted. (Ayes 28. Noes 9.)
Ordered to the Assembly. In
Assembly. Concurrence in Senate
amendments pending. Senate
amendments concurred in. Held at
Desk by unanimous consent until
November 1, 2023.

This measure would change the voting requirement for certain ballot initiatives in California. A ballot initiative that would amend the Constitution in order to increase the v
oter approval requirement would only pass if it receives the same proportion of votes cast in favour as the highest voter approval requirement it would impose. It would apply to statewide initiatives that appear on the ballot on or after January 1, 2024. The measure also allows local governing bodies to solicit an advisory opinion through a vote on any issue of governance. An advisory vote will only pass if a majority of the votes cast are in favour. Any invalid provisions of the act will remain valid. (
Based
on
09/
11/2023
t
ext)

Page 3 of 6 ends

13 SB 4 Wiener, D Planning and zoning: housing development:
higher education institutions and religious
institutions.
09/15/2023 -
E nrollment H TML P DF
09/15/2023 - Enrolled and
presented to the Governor at 3
p.m.

The Planning and Zoning Law requires counties and cities to have a comprehensive long-term general plan for physical development, including a housing element. It authorizes a developer to apply for a streamlined ministerial approval process, which is a simpler way to get approval for certain land developments. The California Tax Credit Allocation Committee has been established to allocate funding for low-income housing, and this bill seeks to make sure projects proposed by developers do not get denied, as long as the development satisfies certain criteria. Specifically, the development must be owned by an independent institution of higher education or a religious institution, on or before January 1 2024, and 100% of the units must be affordable to lower-income households. This bill will provide funding and exemptions for these projects and if complied with, will provide an easier approval process. The bill will repeal its provisions as of January 1 2036.
(
Based on
09/
13/2023
t
ext)
SB 20 Rubio, D Joint powers agreements: regional housing trusts.
09/01/2023 -
C haptered H TML P DF
09/01/2023 - Approved by the
Governor. Chaptered by Secretary
of State. Chapter 147, Statutes of
2023.

The Joint Exercise of Powers Act authorizes two or more public agencies to join together to exercise their common powers. This bill would allow two or more local agencies, as well as a federally recognized tribal government, to create a regional housing trust. This trust would help fund housing to assist the homeless and those of extremely low, very low, and low income. The trust would be led by a board of directors, consisting of at least five people, and would be allowed to fund projects, accept financing and funds, and issue bonds. They would also be required to follow certain financial reporting and auditing requirements.
(
Based on
09/
01/2023
t
ext)
Support
SB 31 Jones, R Encampments: sensitive areas: penalties. 03/22/2023 - A mended H TML P DF
04/28/2023 - Failed Deadline
pursuant to Rule 61(a)(2). (Last
location was PUB. S. on
1/18/2023)(May be acted upon
Jan 2024)
This bill would prohibit a person from sitting, lying, sleeping, or placing personal property on any street sidewalk or other public right-of-way within 1000 feet of a sensitive area, such as an intersection or school, as defined. A violation of this prohibition would be considered a public nuisance, and can be abated and prevented as provided by law. A violation could be charged as either a misdemeanor or an infraction. In order to enforce these rules, the prosecutor must provide at least 72 hours of notice before commencing any action. This bill would also prohibit the state from being required to reimburse for costs associated with enforcing these rules.
(
Based on
03/
22/2023
t
ext)
Oppose
SB 50 Bradford, D Vehicles: enforcement. 09/07/2023 -
A mended H TML P DF
09/14/2023 - Failed Deadline
pursuant to Rule 61(a)(14). (Last
location was INACTIVE FILE on
9/14/2023)(May be acted upon
Jan 2024)
This bill proposes to change existing law by prohibiting a police officer from making a stop or detaining a person for a minor infraction (like a traffic violation) unless they have a separate independent ground for doing so. It also would allow police officers to send out citations and warnings to vehicle or bicycle owners if they can identify the owner but don’t have grounds to stop them. Additionally, it authorizes local authorities to enforce Vehicle Code violations without involving a peace officer. This proposed change in the law is subject to the passage of two other bills (AB 436 and AB 825).
(
Based on
09/
07/2023
t
ext)
Oppose

Page 4 of 6 ends

14 SB 55 Umberg, D Vehicles: catalytic converters. 09/13/2023 - E nrollment H TML P DF
09/13/2023 - Enrolled and
presented to the Governor at 4
p.m.

Current law requires scrap yards that buy and sell used catalytic converters to keep track of customer information when making purchases and sales. These scrap yards can only pay in check. This bill would also allow for customers to be paid with a credit card or any other traceable payment other than cash. Motor vehicle dealers and retailers already have to adhere to the Vehicle Code, and this bill adds that they are not allowed to sell a new or used vehicle with an unmarked catalytic converter. Until 2025, this does not apply to vehicles purchased from a dealer who is licensed in another state and does not have a warranty service facility in California. Breaking this law would result in a fine. This is an added state-mandated cost so the state would usually have to reimburse local agencies, but this bill says that no reimbursement is necessary.
(
Based on
09/
11/2023
t
ext)
Oppose
SB 94 Cortese, D Recall and resentencing: special
circumstances.
09/07/2023 -
A mended H TML P DF
09/14/2023 - Failed Deadline
pursuant to Rule 61(a)(14). (Last
location was INACTIVE FILE on
9/14/2023)(May be acted upon
Jan 2024)
This bill would allow people convicted of murder in the first degree and sentenced to life imprisonment without the possibility of parole, before the June 5, 1990, statewide primary election to petition the court for a court case re-hearing if they have served at least 25 years in custody. The court would consider mitigating circumstances presented by the petitioner and to look at changes in law that would reduce sentences or allow for judicial discretion. Victims of the crime would also be entitled to receive notice of all proceedings and specified rights under the Victims' Bill of Rights Act of 2008 (Marsy's Law).
(
Based on
09/
07/2023
t
ext)
Oppose
SB 316 Niello, R Shoplifting: increased penalties for prior crimes.
02/06/2023 -
I ntroduced H TML P DF
05/19/2023 - Failed Deadline
pursuant to Rule 61(a)(5). (Last
location was PUB. S. on
2/15/2023)(May be acted upon
Jan 2024)
Proposition 47 lessened punishment for petty theft and defined shoplifting as entering a shop with intent to steal when the value of the property was not more than $950.

This bill strengthens punishment for those who have been convicted three or more times of petty theft, grand theft, or certain other crimes, and those previously convicted of a serious or violent felony. This could include additional jail time up to one year or eighteen months, depending on the situation. This bill also calls for the provisions of the law to be put to a veto referendum on the November 5, 2024 statewide general election.
(
Based on
02/
06/2023
t
ext)
SB 423 Wiener, D Land use: streamlined housing approvals:
multifamily housing developments.
09/15/2023 -
E nrollment H TML P DF
09/15/2023 - Enrolled and
presented to the Governor at 3
p.m.

This bill would modify existing law to authorize the Department of General Services to review and approve certain applications for multifamily housing developments on or leased to the state property, with changes to existing objective standards. It would provide an alternative definition for "affordable rent," revise the objective planning standard prohibiting a development in a coastal zone, and require all departments responsible for issuing approvals to comply with the streamlined review requirements within certain time and notify the public prior to submitting an application. Additionally, it would require local governments to provide written documentation for any conflicts with the objective standards, prohibit post-entitlement requirements, and change the requirements regarding prevailing wages and design review. Lastly, the bill would extend the operation of the streamlining process until 2036. (
Based
on
09/
13/2023
t
ext).

SB 459 Rubio, D Domestic violence: restraining orders. 09/15/2023 - E nrollment H TML P DF
09/15/2023 - Enrolled and
presented to the Governor at 3
p.m.

Existing law allows a civil court to issue a protective order if a person is found to be attacking, stalking, or threatening another person. The order can be valid for up to five years, and can be renewed for five or more years, or permanently, at the discretion of the court. This bill would require the judicial council to create new forms for requesting a modification of an existing restraining order by January 1, 2025. ( Based on
09/
13/2023
t
ext)
Support

Page 5 of 6 ends

15 SB 536 Rubio, D Surplus state real property: Herman G. Stark Youth Correctional Facility.
02/14/2023 -
I ntroduced H TML P DF
02/22/2023 - Referred to Coms.
on G.O. and E.Q.

This bill would allow the Director of General Services to sell or lease a certain piece of property owned by the California Department of Corrections and Rehabilitation to the City of Chino at fair market value. The proceeds from the sale or lease would be used to make bond payments and cover other necessary costs. In some cases, the Director could choose to sell the property below fair market value in order to provide housing to low or moderate income persons and families. The net proceeds from the sale would be deposited into a continuously appropriated fund. This bill would also exempt the sale from the California Environmental Quality Act. (
Based
on
02/
14/2023
t
ext)
Support
SB 690 Rubio, D Domestic violence. 02/16/2023 -
I ntroduced H TML P DF
09/01/2023 - Failed Deadline
pursuant to Rule 61(a)(11). (Last
location was APPR. SUSPENSE
FILE on 8/16/2023)(May be acted
upon Jan 2024)
This law states that if someone inflicts bodily harm on their spouse, former spouse, or certain other specified victims, they can be punished with up to four years in a state prison, one year in a county jail, a fine of up to $6,000, or both the jail time and the fine. Normally, prosecution for this crime must take place within five years of the offense, but this bill would extend that to fifteen years. This bill would apply to offenses committed on or after January 1, 2024 and offenses for which the statute of limitations was still in effect before January 1, 2024. The bill also states that California does not have to reimburse local agencies and school districts for any costs imposed by this new law.
(
Based on
02/
16/2023
t
ext)
Support
SB 747 Caballero, D Land use: surplus land. 09/21/2023 - E nrollment H TML P DF
09/21/2023 - Enrolled and
presented to the Governor at 4
p.m.

This bill would make changes to how local agencies dispose of surplus land, land owned in fee simple by a local agency and that the governing board has formally declared as not necessary for the agency’s use. Disposal of surplus land includes selling the land or entering into a lease, but “dispose” does not include entering a lease for surplus land on which no development or demolition will occur, regardless of the term of the lease. The new law defines various types of land as exempt surplus land, such as land under one-half acre and not contiguous to land already owned by a state or local agency, land owned by an airport on which residential uses are prohibited, and land transferred to a community land trust, amongst others. It also revises the law related to notifications of availability of the property before disposal, lists of notices of availability on the Department of Housing and Community Development internet website, certain penalties for violating the law, and requirements for affordable housing when the property is used for that purpose.
(
Based on
09/
19/2023
t
ext)
Support
Total Measures: 25
Total Tracking Forms: 25

Page 6 of 6 ends

16 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 767461 to 767655, and Electronic Fund Transfers 518041E to 518114E, totaling $5,319,524.07. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 23-24 Operating Budgets.

Revenue:

Expenditure:

Transfer In: Transfer Out:
17 CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE EXPENSES AS AUDITED AND WITHIN BUDGET FOR WARRANTS 767461 TO 767655, AND ELECTRONIC FUND TRANSFERS 518041E TO 518114E, TOTALING $5,319,524.07.

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. 767461 9/15/23 23-24 $777.50

2. 767462 – 767577 9/21/23 22-23 $611,198.75

3. 767578 – 767655 9/28/23 22-23 $1,798,363.75

4. 518041E – 518076E 9/22/23 23-24 $330,688.29

5. 518077E – 518114E 9/29/23 23-24 $2,578,495.78

E: Electronic Fund Transfer
TOTAL $5,319,524.07

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

RB:hm
Attachment

18 Council Meeting 10/17/23

CITY OF CHINO
A/P Warrant Register Over $50,000

Check
Number
Check Date Vendor Name Description Amount
767498 09/21/2023 FAIRVIEW FORD SALES, INC. 2022 FORD 1 TON TRUCK PURCHASE $76,511.52 767521 M K SMITH CHEVROLET FLEET VEHICLE PURCHASE $76,998.35 767574 WASTE MANAGEMENT COLLECTION SERVICE $203,705.02 518049 09/22/2023 CIVICA LAW GROUP, APC LEGAL SERVICES $74,230.19 518059 MICON CONSTRUCTION, INC. OLD SCHOOL HOUSE MUSEUM BARN &

SITE IMPROVEMENTS
$139,377.46
767582 09/28/2023 ALESHIRE & WYNDER LLP CITY ATTORNEY/LEGAL SERVICES $82,884.70 767625 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $128,069.00
767628 MAMCO, INC. WATER MAIN REPLACEMENT $362,250.09
767638 ORBIS REAL ESTATE PARTNERS KIMBALL BUSINESS PARK DIF

REIMBURSEMENT
$122,264.85
767654 WASTE MANAGEMENT COLLECTION SERVICES $854,046.78 518080 09/29/2023 BUREAU VERITAS TECHNICAL ASSESMENTS
LLC
ADA TRANSITION PLAN $189,268.14
518083 CHINO BASIN DESALTER AUTHORITY CDA WATER PURCHASES $1,627,551.00 518099 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $78,379.81 518100 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $53,157.50 518112 WATER FACILITIES AUTHORITY IMPORTED WATER PURCHASE $466,585.89

15 TOTAL $4,535,280.30

19 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Regular Meeting Minutes for October 3, 2023 (Council Member Comstock Absent-Excused). ..end
..body

20 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710

TUESDAY, OCTOBER 3, 2023

MINUTES

CALL TO ORDER
The October 3, 2023, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:02 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL

PRESENT: Mayor Eunice M. Ulloa, Council Member Curtis Burton, Council Member Christopher Flores, and Council Member Marc Lucio
ABSENT: Mayor Pro Tem Karen C. Comstock

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

CEREMONIALS
Proclamations

Domestic Violence Awareness Month. Proclaim October 2023 as Domestic Violence Awareness Month.

Mayor Ulloa read into the record the proclamation designating the month of October 2023 as Domestic Violence Awareness Month and presented it to June Sano, City of Chino Clinical Specialist, Pat Bell, House of Ruth Chief Executive Officer, and Rhonda Beltran, House of Ruth Chief Development Officer.

Community Planning Month. Proclaim October 2023 as Community Planning Month.

Mayor Ulloa read into the record the proclamation designating the month of October 2023 as Community Planning Month and presented it to Planning Commission Chair Kevin Cisneroz, Vice Chair Jimmy Alexandris, and Planning Commissioners Brandon Blanchard, Joanna Chavez, Lissa Fraga, Steve Lewis, and Lawrence Vieira.

Presentations

Chino Youth Boxing Foundation's Saturday Night Fights Boxers. Recognition of Chino Youth Boxing Foundation’s Saturday Night Fights Boxers.

Mayor Ulloa presented certificates of recognition to Ray Morales, Chino Youth Boxing Foundation Vice President and the Chino Youth Boxing Foundation's Saturday Night Fights Boxers and Coaches. Mayor Ulloa thanked Council Member Burton who emceed the event and Council Member Flores for participating in the boxing match against former Boxing Team member Francisco Juarez, Jr.
21 CHINO CITY COUNCIL
OCTOBER 3, 2023 2

Business of the Month - October 2023. Award of Business of the Month for October 2023 to All Star Cleaners.

Mayor Ulloa presented the Business of the Month October 2023 to All Star Dry Cleaners. Khoj and Rupal Shikari were present to accept the award.

Mayor's Home Beautification Award. Award of Mayor’s Home Beautification Award for October 2023.

Mayor Ulloa presented the Mayor's Home Beautification Award for October 2023 to Junior Valdivia of Chino.

St. Margaret Mary's Catholic Church 75th Anniversary. Recognition of the 75th Anniversary of St. Margaret Mary's Catholic Church.

Mayor Ulloa presented a Certificate of Recognition in honor of St. Margaret Mary's Catholic Church 75th Anniversary. Father Restituto Galang was present to accept the award.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no agenda additions or revisions.

PUBLIC ANNOUNCEMENTS
The announcements were moved to the end of the meeting.

PUBLIC COMMENTS
Rob Burns, City of Chino Director of Finance, provided the invocation.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 767214 to 767460, and Electronic Fund Transfers 517942E to 518040E, totaling $6,365,541.71.

2. Minutes. Regular Meeting Minutes for September 19, 2023 (Council Member Flores Absent-Excused).

4. Award of Contract - Courts Construction Company, Inc. - City Hall Interior Improvements Project (PF210). Award a construction contract in the amount of $54,865 with Courts Construction Company, Inc. for the City Hall Finance, Human Resources, and Information Technology Offices Interior Improvement Project (PF210), including authorized expenditures of up to $5,486 for construction contingencies, for a not-to-exceed contract amount of $60,351.

5. Award of Contract - Mariposa Landscape, Inc. Award a construction contract in the amount of $56,499.20, including authorization for expenditures of up to $5,649.00 for construction contingencies for a not-to-exceed construction contract amount of $62,148.20 to Mariposa Landscapes, Inc. for the Community Garden Park Irrigation and Turf Replacement Project (IB238).

6. Award of Contract - Police Department SMARDT Chiller #2 Repair. Award a construction contract in the amount of $47,435, including $4,743 for construction contingencies, for a not-to- exceed construction contract amount of $52,178 to Allison Mechanical, Inc., Redlands, CA for the Police Department SMARDT Chiller #2 repair.
22 CHINO CITY COUNCIL
OCTOBER 3, 2023 3

7. Vendor Cap Increase - C.E. Mechanical, Inc. Approve a vendor cap increase of $40,000 with C.E. Mechanical, Inc. for a total not-to-exceed amount of $90,000, for preventative maintenance and on-call services for Citywide heating, ventilating, and air-conditioning (HVAC) services.

8. Master Contracts - Chino Valley Unified School District. Approve the Master Contracts with the Chino Valley Unified School District for the ASES (RAAP/SOAR), TYKES, and Homeless Innovation Program (HIP) programs.

9. The Preserve Sewer Main Improvements Annual Reconciliation of Sewer Credits Fiscal Year 2022-23 (Chino Preserve Development Corporation). Approve The Preserve Sewer Main Improvements Annual Reconciliation of Sewer Credits Fiscal Year 2022-23 (Chino Preserve Development Corporation).

10. Falloncrest Development Agreement Certificate of Agreement Compliance. Accept the Annual Monitoring Report and approve issuance of the Certificate of Agreement Compliance for the Falloncrest Development Agreement.

11. Contract Amendment and Vendor Cap Increase - Koff & Associates, an Arthur J. Gallagher Company. Approve a contract amendment to extend contract terms and increase contract 2022-078 by $84,545, for a total contract amount of $161,930, for the Citywide study services by Koff & Associates, an Arthur J. Gallagher Company.

Motion by Council Member Flores, seconded by Council Member Lucio, to approve the Consent Calendar items 1 through 11 as presented. The motion carried by the following vote:

AYES: ULLOA, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: COMSTOCK

PUBLIC HEARING

12. Philadelphia Street Industrial Development Project Appeal and East End Annexation. Conduct a public hearing, adopt Resolution No. 2023-056, approve the introduction of Ordinance No. 2023-019, adopt Resolution No. 2023-057, and adopt Resolution No. 2023-058 regarding the Philadelphia Street Industrial Development Project Appeal and East End Annexation.

Staff Report By: Kim Le, Associate Planner
RECOMMENDATION: 1) Conduct a public hearing; 2) adopt Resolution No. 2023-056, adopting a Mitigated Negative Declaration for the Annexation/Prezone (PL20-0003), Site Approval (PL20-0004) and Tentative Parcel Map No. 20174 (PL20-0005) for the Philadelphia Street Industrial Development Project and East End Annexation; 3) approve the introduction of Ordinance No. 2023-019, approving PL20-0003 (Prezone/Annexation), in conjunction with the proposed annexation of the East End Annexation area, to be read by number and title only, and waive further reading of the Ordinance; 4) adopt Resolution No. 2023-057, requesting that the Local Agency Formation Commission (LAFCO) initiate annexation proceedings for PL20-0003 (Prezone/Annexation); and 5) adopt Resolution No. 2023-058 denying the appeal of the Planning Commission’s action approving PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174).

Mayor Ulloa opened the public hearing.

Kim Le, Associate Planner provided a report on the item. Ms. Le confirmed the appellant 23 CHINO CITY COUNCIL
OCTOBER 3, 2023 4

withdrew their appeal and announced that a revised Attachment C - Appendix K was submitted that addressed typical errors.

Ms. Le also noted the City Council was provided with a letter from Chino resident William McCombs regarding the item.

Mayor Ulloa called for public comments.

Thomas Ruiz, representing the LiUNA union, spoke in favor of the proposed annexation.

Dean Washle, representing the Palma Project Management, spoke in favor of the proposed annexation.

Jose Radillo, member of the LiUNA, spoke in favor of the proposed annexation which will help generate employment opportunities in the construction industry.

There being no additional requests to address the City Council on this item, the Mayor closed the public hearing.

Council Member Burton inquired if the County construction improvements will occur simultaneously with the City's road construction improvement project, noting he recommended to minimize disruptions for the local residents, specifically residents who reside in the Sullivan Ranch area.

City Manager Reich explained the City has actively communicated with the County but cannot ensure their construction will continue to Francis Avenue.

Council Member Burton inquired if there are any potential civil or legal issues as a result of the annexation, if the City annexes the entire street on East End.

City Attorney Galante explained that City staff confirmed the jurisdictional boundary lines appropriately front the street centerline and there is no circumstances where the City's jurisdictional line covers the entire street. City Attorney Galante stated Local Agency Formation Commission (LAFCO) representatives explained the boundary setting process is unique and for policy reasons they prefer not having a jurisdiction cover the entire road in order to maintain consistency with good policy when addressing utility, law enforcement, and various other issues.

Council Member Burton asked Warren Morelion, Director of Development Services, to explain the annexation process with LAFCO.

Mr. Morelion explained LAFCO typically works with developers to assess and establish logical boundaries to annex, which in some cases can be a larger than the project area.

Council Member Burton thanked staff and the Planning Commission for the time dedicated to this project.

Mayor Ulloa inquired about addressing and correcting inconsistent boundary line that split between San Bernardino and Los Angeles Counties.

Mr. Morelion explained staff is addressing the boundary line split concern, however, he 24 CHINO CITY COUNCIL
OCTOBER 3, 2023 5

noted this would be a lengthy process due to the project involving San Bernardino and Los Angeles Counties, including the City of Pomona and the City of Chino.

Mayor Ulloa commented that she would not attach this requirement to this development and noted that she understood that cleaning up these boundaries could take several years, however encouraged staff to move forward to begin the initial process to address the inconsistent jurisdictional boundaries.

Mayor Ulloa noted she understood the written issues regarding East End Avenue, however that would make one exception to every other area that we have within the community that is the split between the City and the County where everything else goes to the center of the street.

Mayor Ulloa asked staff to identify if this project area going further east in a separate action.

Mr. Morelion explained that staff has not identified if this project area is going further east, however, he noted that staff is moving forward with the Ramona Francis annexation.

Mayor Ulloa requested that a workshop be scheduled to address annexations. She also requested staff to provide an update on the point of sale for Carmax. City Manager Reich explained internal discussions have taken place to discuss the matter, however they have not reached out as of yet.

Mayor Ulloa discussed her concerns with street vendors within the Philadelphia and East End general area and is hopeful the Chino Police Department and Code Enforcement Division will join forces to clean it up, noting that she has received complaints regarding this issue.

City Attorney Galante stated that the modified motion includes all the proposed actions listed in the agenda with the exception of the resolution overturning the appeal.

Mayor Ulloa requested City Attorney Galante to read the title of the Ordinance into the record.

ORDINANCE NO. 2023-019 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, PREZONING 52.32 ACRES OF LAND TO LIGHT INDUSTRIAL (M1) AND 4.55 ACRES OF LAND TO GENERAL INDUSTRIAL (M2) FOR PARCELS GENERALLY

LOCATED SOUTH OF FRANCIS AVENUE, WEST OF EAST END AVENUE, NORTH OF

PHILADELPHIA STREET, AND A SMALL PORTION SOUTH OF PHILADELPHIA STREET (APNS: 1013-261-17, 1013-271-01, -10, -11, -06, -13, -14, 1013-521-04, -05, -11, -14, -15, -16, -18, 1013-531-04, -07, 1016-011-02, -03, -05, -06, -08, -09, -10, & -15) WITHIN THE CITY OF

CHINO SPHERE OF INFLUENCE AND IN CONNECTION WITH (PREZONE/ANNEXATION PL20-0003) AND AMENDING ORDINANCE NO. 2010-06.

Motion by Council Member Burton, seconded by Council Member Lucio, to 1) Conduct a public hearing; 2) adopt Resolution No. 2023-056, adopting a Mitigated Negative Declaration for the Annexation/Prezone (PL20-0003), Site Approval (PL20-0004) and Tentative Parcel Map No. 20174 (PL20-0005) for the Philadelphia Street Industrial Development Project and East End Annexation; 3) approve the introduction of Ordinance No. 2023-019, approving PL20-0003 (Prezone/Annexation), in conjunction with the proposed annexation of the East End Annexation area, to be read by number and title only, and waive further reading of the Ordinance; and 4) adopt Resolution No. 2023-057, requesting that the Local Agency Formation Commission (LAFCO) initiate annexation proceedings for PL20-0003 (Prezone/Annexation). The motion carried by the following vote:
25 CHINO CITY COUNCIL
OCTOBER 3, 2023 6

AYES: ULLOA, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: COMSTOCK

NEW BUSINESS

13. Adoption of Resolution 2023-059 - Transportation Development Grant (TDA) Article 3 Transit Stop Access Improvement Grant. Adopt Resolution 2023-059 accepting the Transportation Development Act (TDA) Article 3 Transit Stop Access Improvement Program Grant.

Staff Report By: Mussette Ayala, Management Analyst

RECOMMENDATION: 1) Adopt Resolution 2023-059 accepting the Transportation Development Act (TDA) Article 3 Fiscal Year 2013-2014 Transit Stop Access Improvement Program Grant funding in the amount of $127,648 from the San Bernardino County Transportation Authority (SBCTA); 2) authorize staff to submit a claim form and request for reimbursement; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

Mussette Ayala, Management Analyst, presented a report on the item, which included a slight modification to the Resolution, to address a correction of the project's title replacing "sidewalk" with "street" referenced in the resolution.

Motion by Council Member Lucio, seconded by Council Member Burton, to 1) Adopt Resolution 2023-059 accepting the Transportation Development Act (TDA) Article 3 Fiscal Year 2013-2014 Transit Stop Access Improvement Program Grant funding in the amount of $127,648 from the San Bernardino County Transportation Authority (SBCTA); 2) authorize staff to submit a claim form and request for reimbursement; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

The motion carried by the following vote:

AYES: ULLOA, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: COMSTOCK

14. Adopt Amendments to Memorandums of Understanding. Adjustment in compensation and terms and conditions of employment for affected members of the City of Chino. Staff Report By:

Debbie Pacheco, Deputy Director of Human Resources/Risk Management.

RECOMMENDATION: (1) Adopt Resolution No. 2023-060 approving Amendment No. 1 to Memorandums of Understanding with the: Chino Police Professional Employee’s Association (CPPEA); American Federation of State, County and Municipal Employees (AFSCME); Chino City Hall Confidential Employee Association (CCHCEA); Teamsters Local 1932 Professional, Technical, and Clerical Unit (Teamsters), and amendments to the compensation and terms and conditions of employment referenced for all other members of the City of Chino; (2) adopt Resolution No. 2023-061 approving Amendment No. 2 to Memorandums of Understanding with the Chino Police Officer’s Association (CPOA); Chino Police Management Association (CPMA); Unrepresented Sworn Management, and amendments to the compensation and terms and conditions of employment referenced; and (3) appropriate $1,014,298 from the unappropriated 26 CHINO CITY COUNCIL
OCTOBER 3, 2023 7

reserves of the General Fund and other funds. Sufficient reserves are available for this purpose.

Debbie Pacheco, Deputy Director of Human Resources/Risk Management provided a report on the item.

Motion by Council Member Burton, seconded by Council Member Flores, to (1) Adopt Resolution No. 2023-060 approving Amendment No. 1 to Memorandums of Understanding with the: Chino Police Professional Employee's Association (CPPEA); American Federation of State, County and Municipal Employees (AFSCME); Chino City Hall Confidential Employee Association (CCHCEA); Teamsters Local 1932 Professional, Technical, and Clerical Unit (Teamsters), and amendments to the compensation and terms and conditions of employment referenced for all other members of the City of Chino; (2) adopt Resolution No. 2023-061 approving Amendment No. 2 to Memorandums of Understanding with the Chino Police Officer's Association (CPOA); Chino Police Management Association (CPMA); Unrepresented Sworn Management, and amendments to the compensation and terms and conditions of employment referenced; and (3) appropriate $1,014,298 from the unappropriated reserves of the General Fund and other funds. Sufficient reserves are available for this purpose. The motion carried by the following vote:

AYES: ULLOA, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: COMSTOCK

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events attended since the last meeting that included the Kiwanis Classic Choice event; meeting with Cynthia Moran, Chino Hills Mayor Rogers, Chick-fil-A Chino Hills franchise owner David Dinasan, and Mark Miller to discuss today's leadership development event.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock had an excused absence.

Council Member Burton
Council Member Burton reported on the following meetings and events attended since the last meeting that included meetings with the City Manager; State of the San Bernardino County Event; and a meeting with the Human Resources Department.

Council Member Flores
Council Member Flores reported on the following meetings and events attended since the last meeting that included a Housing Committee meeting; Special Needs Collaborative Event; General Plan Consultant meeting with Consultant Andrew Hill; and traveled to Ireland in tribute to Father Michael Maher from St. Paul the Apostle Catholic Church who recently passed away.

27 CHINO CITY COUNCIL
OCTOBER 3, 2023 8

Council Member Lucio
Council Member Lucio reported on the following meetings and events attended since the last meeting that included the League of California Cities Conference and expressed he would like the City of Chino develop a promotional campaign to showcase the City's amenities and pursue awards; City Manager meeting; State of San Bernardino County event; Chick-fil-A Smart Leadership event with Mark Miller; and expressed concern related to increasing City staff in order to appropriately serve the increased population.

City Manager's Report
City Manager Reich thanked the City Council for their leadership and support to ensure the City attracts and retains qualified law enforcement personnel. She introduced Warren Morelion, who was recently promoted to Director of Development Services.

Director of Development Services Morelion thanked the City Council, City Manager, City Directors and Staff, Planning Commission, and developers for their support in his career.

City Attorney's Report

City Attorney Galante had no report.

Police Chief's Report
Deputy Chief Andy Bjelland reported the Chino Police Department is hosting a t-shirt sale fundraiser in support of Breast Cancer Awareness month and noted they have raised $2,500 and will have additional t-shirts available for purchase at the upcoming Chino Police Department Open House that will take place on October 28th from 10:00 a.m. to 2:00 p.m.

Deputy Chief Bjelland announced the National Coffee with a Cop will take place at Painted Dough on October 4th from 8:00 a.m. to 10:00 a.m.

Fire Chief's Report
Deputy Fire Chief Dean Smith welcomed residents to the upcoming Fire District Open House scheduled on October 21st from 9:00 a.m. to 2:00 p.m. at the Fire District Training Center located on Schaefer Avenue, and also announced the State of the Fire District luncheon will be held on October 25th.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced that she inadvertently skipped the public announcements, and continued by issuing a reminder about the following scheduled community events:

City's Free Residential Community Clean-Up will take place on Saturday, October 14 from 8:00 a.m. to 1:00 p.m. at 13793 Redwood Street. This event is being help in collaboration with Waste Management. The City's Household Hazardous Waste Collection are held on a monthly basis on the 2nd and 4th Saturdays. For more information, call 909-334-3266.

Chino Valley Chamber of Commerce Annual Business Expo is scheduled on Saturday, October 28, 2023 from 10:00 a.m. to 2:00 p.m. at The Shoppes at Chino Hills. For more details, visit the Chino Valley Chamber of Commerce website at www.chinovalleychamber.com.

Halloween Spooktacular is on Tuesday, October 31 at Ruben S. Ayala Park Fields 11, 12, and 13 from 4:00 p.m. to 9:00 p.m. For additional information, visit www.cityofchino.org/halloween. 28 CHINO CITY COUNCIL
OCTOBER 3, 2023 9

ADJOURN

The meeting adjourned at 7:28 p.m. The next Regular Meeting of the City Council will be held on Tuesday, October 17, 2023 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 17TH DAY OF OCTOBER 2023.

EUNICE M. ULLOA, MAYOR

NATALIE GONZAGA, CITY CLERK

**************************************************

(These minutes are not official until signed.)
29 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Elected City Officials’ Report Regarding Travel, Training, and Meetings.

..end

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

..body

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2023-24 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:

 Superior Customer Service
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
30 CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: RECEIVE AND FILE THE ELECTED CITY OFFICIALS’ REPORT REFLECTING CITY COUNCIL BUSINESS RELATED EXPENSES INCURRED BY THE CITY.

PAGE: 2

BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill (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 agenci es 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 publi c inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.

Attachment - Exhibit A - Elected City Officials' Travel, Training and Meeting Report

31 Event Date Meeting Purpose and
Subject Matter
Location

City Official Attendees

October 5, 2023 IERCC: Economic
Horizon 2024: What
Lies Ahead, Inland
Empire?
Chino, CA Council Member Burton
Council Member Flores
Council Member Lucio

32 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Resolution Denouncing Antisemitism and Condemning all Forms of Hate. ..end

RECOMMENDATION
Adopt Resolution 2023 -065, denouncing antisemitism and condemning all forms of hat e in the City of Chino.
..body

FISCAL IMPACT
No fiscal impact.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 33 CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: ADOPT RESOLUTION 2023 -065, A RESOLUTION DENOUNCING ANTISEMITISM AND CONDEMNING ALL FORMS OF HATE IN THE CITY OF CHINO.

PAGE: 2

BACKGROUND
The City of Chino prides itself on its diverse population, strong sense of community, excellent public safety programs, vibrant neighborhoods, expansive recreation and leisure programs, and educational opportunities from kindergarten through graduate studies. One of City of Chino’s core organizational value s, Commitment to our Community, me ans we consistently provide excellent service that is friendly, responsive, thorough, and focused on our community’s needs.

In the past several years, violent crimes, threats of violence, targeting of religious, racial, and ethnic minorities have increased across the United States. The City of Chino affirms that hatred and bias in any form are not acceptable in our Community.

ISSUES/ANALYSIS
In June 2023, the City of Chino was contacted by Jason Moss, Executive Director of Jewish Federation of the Grea ter San Gabriel and Pomona Valleys, asking the City Council to support the public denouncing of antisemistism and condemn all forms of hatred in our local communities.

To support our community members and condemn racism, intolerance, hate, and violent attacks against them, the proposed Resolution was prepared for City Council consideration to denounce antisemitism and condemn all forms of hate.

The City of Chino is committed to inclusion and advancement of diversity and equity for people of all races, e thnicities, national origins, religions, ages, genders, and backgrounds and wishes to promote an atmosphere of acceptance, tolerance, and respect in the community.

Therefore, it is recommended the City Council adopt Resolution No. 2023 -065, denouncing antisemitism in all its forms and condemning all hate crimes and any other form of racism, religious, or ethnic bias, discrimination, incitement of violence, or targeting any minority.

Attachment – Resolution 2023-065

34 RESOLUTION NO. 2023-065

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

CALIFORNIA, DENOUNCING ANTISEMITISM AND CONDEMNING
ALL FORMS OF HATRED TO AFFIRM CHINO’S COMMITMENT TO

OUR COMMUNITY

WHEREAS, the City of Chino values and fosters inclusivity, diversity, equity, and acceptance and wishes to ensure that Chino is a desirable place to live, work, play; and

WHEREAS, in the past several years, violent crimes, threats of violence, targeting of religious, racial, and ethnic minorities have increased across the United States; and

WHEREAS, the Chino City Council wishes to promote an atmosphere of acceptance, tolerance, and respect in the community; and

WHEREAS, the City of Chino is committed to inclusion and advancement of diversity and equity for people of all races, ethnicities, national origins, religions, ages, genders, and backgrounds; and

WHEREAS, the City of Chino denounces antisemitism in all its forms and condemns all hate crimes and any other form of racism, religious, or ethnic bias, discrimination, incitement of violence, or targeting any minority; and

WHEREAS, the City of Chino affirms that hatred and bias in any form are not acceptable in our Community; and

WHEREAS, any victims of antisemitism or hatred in the City of Chino are urged to report any incidents - as hate crimes or bias -related events - so that local law enforcement can respond, track such incidents, and bring perpetrators to justice.

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

SECTION 1. That the City of Chino condemns all forms of hate, racism, and violence perpetrated, tolerated, or encouraged by any group or individual.

SECTION 2 . That the City of Chino supports our Jewish community members and condemns racism, intolerance, hate, and violent attacks against them.

SECTION 3. That the City of Chino is committed to protecting all residents and advancing equity and justice for all people.

SECTION 4. That the Mayor shall sign, and the City Clerk shall attest to the adoption of this resolution.

35 Resolution 2023-065

Page 2 of 3 ends

APPROVED AND ADOPTED THIS 17th DAY OF OCTOBER 2023.

______________________________
EUNICE M. ULLOA, MAYOR
ATTEST:

____________________________

NATALIE GONZAGA, CITY CLERK

36 Resolution 2023-065

Page 3 of 3 ends

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

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting held on the 17 th day of October 2023, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________

NATALIE GONZAGA, CITY CLERK

37 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
Fiscal Year 2022 Emergency Management Performance Grant (EMPG) ..end

RECOMMENDATION
1) Authorize the acceptance of the Fiscal Year 2022 Emergency Management Performance Grant (EMPG) G4243, in the amount of $24,609; 2) appropriate $24,609 from the unappropriated reserves of the General Fund with a corresponding increase to the General Fund re venue; and 3) authorize the Chief of Police to ex ecute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Requires an appropriation of $24,609 from the unappropriated reserves of the General Fund with a corresponding increase to the General Fund revenues. The Emergency Management Performance Grant program does require a 50/50 match from the sub -recipient. The required match for this grant award will be in -kind use of the salary from the Police Department’s Emergency Services Coordinator, who is responsible for the City's emergency man agement function for a total of $24,609.

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
 Superior Customer Service
 Financial Stability
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships  Effective Technology

38 CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: AUTHORIZE THE ACCEPTANCE OF THE FISCAL YEAR 2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) IN THE AMOUNT OF $24,609 TO

PURCHASE LAPTOPS AND AN INTERACTIVE WHITEBOARD FOR THE EMERGENCY OPERATIONS CENTER (EOC).

PAGE: 2

Revenue: 1004000-59500-G4243

Expenditure: 1004000-40010-G4243
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 39 CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: AUTHORIZE THE ACCEPTANCE OF THE FISCAL YEAR 2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) IN THE AMOUNT OF $24,609 TO

PURCHASE LAPTOPS AND AN INTERACTIVE WHITEBOARD FOR THE EMERGENCY OPERATIONS CENTER (EOC).

PAGE: 3

BACKGROUND
The purpose of the Emergency Management Performance Grant (EMPG) is to assist state and local governments in enhancing and sustaining all -hazards emergency management capabilities. These funds are awarded by the Federal Emergency Management Agency (FEMA) to each state. The State of California allows each county t o determine how it will use or distribute the funds to support its jurisdiction. San Bernardino County distributes the funds it receives to the 24 cities and San Bernardino County Office of Emergency Services (OES). Each is allocated a $10,000 base, with the remainder of the grant distributed on per capita basis.

San Bernardino County OES required all participating jurisdictions to submit a project proposal explaining how the allocated funds would be spent. The OES Grant Unit then reviewed each proposal. After the projects were approved, jurisdictions are required to appropriate grant funds, directly purchase the items, and then request reimbursement. The EMPG also requires each sub-recipient to match the grant allocation either in -kind, dollar-for-dollar, or a combination of both.

The City of Chino has been awarded $24,609 for the Fiscal Year 2022 grant. Grant funds are required to be used to support comprehensive emergency management programs at the local level. Grant funds are required to be spent by May 3 1, 2024. Fiscal Year 2022 EMPG funds will be used to purchase and interactive whiteboard and replacement laptops for the Emergency Operations Center (EOC).

ISSUES/ANALYSIS
The City of Chino has been approved by the County of San Bernardino and the State of California to use up to $24,609 to purchase an interactive whiteboard and EOC laptops. The required 50/50 match for this grant will be met in -kind using the salary of the Emergency Services Coordinator, who is responsible for the City’s emergency management function. The City intends to purchase one interactive whiteboard for $13,160.10 and seven (7) laptops for $11,087.51. Any remaining funds will be de-obligated back to the County as it will not be enough to purchase an additional laptop.

Attachments:

Project Award Letter
Project Application
Quote – Whiteboard
Quote – Laptops

40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
# Project Description AEL # AEL Title/ Expenditure Category Solution Area Sub- Category Total CostAmount PAID
by the Grant
Remaining
Balance
Project
Completion
Deadline
Comments
H
City of Chino -
purchase of
computer
hardware
The City of Chino will utilize grant funding to purchase laptops for its EOC. The City's EOC is a "warm" EOC and therefore laptops are used because they are portable and easily stored for safe keeping. To maintain a constant state of readiness and be operational during a disaster, ten laptops have been identified as needing to be replaced due to age. Laptops are vital to the EOC and used to support and assist with coordination efforts. This allows for critical information to be organized and shared in a timely manner among the field. They also support the access to Chino Notify, the mass notification platform, to send alerts and warnings to affected community. 04HW-01-INHW Hardware, Computer, Integrated04 - Information Technology $ 13,200 13,200$ 5/31/2024
H
City of Chino -
purchase
interactive
whiteboard
The City of Chino will utilize grant funding to purchase an interactive whiteboard to be used within the EOC facility for improved communication and information sharing capabilities
21GN-00-OCEQ
Equipment, Supplies,
Information/Emergency
Operations, Fusion Centers
21 - Other
Authorized
Equipment
$ 11,409 11,409$ 5/31/2024
$ 24,609 $ - $ 24,609
Last Updated July 2023

SAN BERNARDINO COUNTY OPERATIONAL AREA
FY2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT

APPROVED PROJECT WORKSHEET
City of Chino
Total Allocation
Updated 10/10/2023 105
Project Equipment Description
(include Qty.) AEL# AEL
Title

SAFECOM
Compliance
Solution Area
Sub-Category
Noncompetitive
Procurement
over $250k
Hold
Trigger
Budgeted
Cost Amount SpentRemaining
Balance
H EOC Laptops (10) 04HW-01-
INHW
Hardware, Computer,
Integrated N/A 04 - Information
Technology No N/A $ 13,200 $ 13,200
H Interactive Whiteboard (1) 21GN-00-
OCEQ
Equipment, Supplies,
Information/Emergency
Operations, Fusion
Centers
N/A 21 - Other Authorized
Equipment No N/A $ 11,409 $ 11,409
San Bernardino County Operational Area
FY2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM

APPROVED PROJECT WORKSHEET
City of Chino
106
Ryan Turk
Organization: City of Chino
Group: Net-30 Account OMNIA Partners #R210402 Contract
Quote: 1666748051
Expiration: 10/31/2023

Billing Information Shipping Information
Billing Address:

City of Chino
Attn: Finance Dept
PO Box 667
Finance Dept. Attn:A/P
Chino, CA 91710-4127
Shipping Address:

Information Technology
Chino Police Department
5450 Guardian Way
CHINO, CA 91710
Product Unit Price Qty Total
Microsoft 50" Surface Hub 2S Collaboration Display
In Stock
Item#: 36919879
Mfg. Part#: NSG-00001
$7,750.00 1 $7,750.00
State Environmental Fee $6.00
Microsoft Pen for Surface Hub 2
In Stock
Item#: 36900781
Mfg. Part#: LPN-00001
$126.04 1 $126.04
Microsoft Srfc Hub 2S 50" 5Y from Prchse
In Stock
Item#: 41306122
Mfg. Part#: 181-00016
$2,100.00 1 $2,100.00
Steelcase Steelcase Roam Mobile Stand for Surface Hub 2S In Stock
Item#: 36973921
Mfg. Part#: STPM1CART
$2,382.98 1 $2,382.98
Generated on 10/11/2023 4:00:04 PM Page 1 of 2
107

Subtotal: $12,359.02
Shipping & Handling: Heavyweight Ground - $0.00
Tax: $795.08
Fees: $6.00
Total: $13,160.10
Generated on 10/11/2023 4:00:04 PM Page 2 of 2
108
A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.

To proceed with this quote, you may respond to this email, order online through your Premier page
, or, if you do not have Premier, use this
Quote to Order
.

Quote No.
3000161575525.1
Total
$11,087.51
Customer #
3898837
Quoted On
Sep. 25, 2023
Expires by
Oct. 25, 2023
Contract Name
Dell NASPO Computer
Equipment PA - California
Contract Code
C000000181156
Customer Agreement #
MNWNC-108 / 7-15-70-34-
003
Deal ID
26246936
Sales Rep
Kaitlyn Drye
Phone
(800) 456-3355, 6179837
Email
[email protected]
Billing To

CITY OF CHINO ACCTS PAYABLE

CITY OF CHINO

13220 CENTRAL AVE

CHINO,
CA

91710-4127
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you are ready to place an order.

Thank you for shopping with Dell!
Regards,
Kaitlyn Drye
Shipping Group
Shipping To

RYAN SUMWAY

CITY OF CHINO
13220 CENTRAL AVE
CHINO,
CA
91710-4127
(909) 334-3390
Shipping Method
Standard Delivery
Product
Unit Price
Quantity
Subtotal
Mobile Precision 3580
$1,480.00
7 $10,360.00

Page 1 ends

Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682

109
Subtotal:

Shipping:

Environmental Fee:

Non-Taxable Amount:

Taxable Amount:

Estimated Tax:

Total:
$10,360.00
$0.00
$35.00
$1,459.43
$8,935.57
$692.51
$11,087.51

Page 2 ends

Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682

110
Shipping Group Details
Shipping To

RYAN SUMWAY

CITY OF CHINO
13220 CENTRAL AVE
CHINO,
CA
91710-4127
(909) 334-3390
Shipping Method
Standard Delivery
Quantity
Subtotal
Mobile Precision 3580
Estimated delivery if purchased today:

Oct. 17, 2023
Contract # C000000181156
Customer Agreement #
MNWNC-108 / 7-15-70-34-003
$1,480.00
7 $10,360.00
Description
SKU
Unit Price
Quantity
Subtotal
Mobile Precision Workstation 3580 CTO
210-BGDN
-
7 -
Intel Core i5-1350P, vPro Enterprise (12MB Cache, 12 Cores, 16 Threads, 1.9 - 4.7 GHz Turbo, 28W)
379-BFDL
-
7 -
Windows 11 Pro, English, Spanish, French, Brazilian Portuguese 619-ARSB
-
7 -
No Microsoft Office License Included
658-BCSB
-
7 -
Intel i5-1350P 28W Processor with vPro and Intel Integrated Graphics 329-BHXI
-
7 -
Intel® Integrated Graphics
490-BIGI
-
7 -

15.6" FHD 1920 x 1080, 60 Hz, 250 nits, non-touch, RGB FHD Camera and Mic with WLAN
391-BHKE
-
7 -
FHD Camera, Temporal Noise Reduction, No ExpressSign-In, Camera Shutter, Mic
319-BBIW
-
7 -
16 GB, 1 x 16 GB, DDR5, 4800 MT/s
370-AGZI
-
7 -
256 GB, M.2, PCIe NVMe, SSD, Class 35
400-BOVT
-
7 -
No Additional Hard Drive
401-AAGM
-
7 -
English US backlit keyboard with numeric keypad, 99-key 583-BHBG
-
7 -
Single Pointing, No Palmrest Security Options
346-BINQ
-
7 -
Intel AX211, 2x2 MIMO, 2400 Mbps, 2.4/5/6 GHz, Wi-Fi 6/6E (WiFi 802.11ax), Bluetooth
555-BIIJ
-
7 -
3 Cell, 54WHr, Long Lifecycle Battery, 3-year warranty
451-BDBO
-
7 -
65W AC adapter, USB Type-C, TCO Gen9 compliant
492-BDHS
-
7 -
Intel vPro Enterprise Technology Enabled
631-BBPQ
-
7 -
ENERGY STAR Qualified
387-BBLW
-
7 -
EPEAT 2018 Registered (Gold)
379-BDZB
-
7 -
E4 Power Cord 1M for US
537-BBDO
-
7 -
Wireless Intel AX211 WLAN Driver
555-BJKL
-
7 -
Mix Packaging for 65W Adapter
340-DKFQ
-
7 -
Custom Configuration
817-BBBB
-
7 -
Intel Core i5 vPro Enterprise Label
340-CYNW
-
7 -
Dell Additional Software
658-BFPP
-
7 -
Quick Setup Guide for Mobile Precision 3580
340-DFTR
-
7 -
Bottom Cover for Integrated graphics P 28W CPUs
354-BBGH
-
7 -

Page 3 ends

Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682

111
Thank you choosing Dell ProSupport. For tech support, visit //support.dell.com/ProSupport
989-3449
-
7 -
ProSupport: 7x24 Technical Support, 3 Years
997-1109
-
7 -
Dell Limited Hardware Warranty Plus Service
997-1129
-
7 -
ProSupport: Next Business Day Onsite, 3 Years
997-6028
-
7 -
Intel(R) Rapid Storage Technology Driver
409-BCWS
-
7 -
Subtotal:

Shipping:

Environmental Fee:

Estimated Tax:

Total:
$10,360.00
$0.00
$35.00
$692.51
$11,087.51

Page 4 ends

Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682

112
Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to
[email protected]
or
[email protected]
, as applicable.

Governing Terms
: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms
or
www.dell.com/oemterms
), or for cloud/as-a-
Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.

Supplier Software Licenses and Services Descriptions
: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula
. Descriptions and
terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global
or for certain infrastructure products at
www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm .

Offer-Specific, Third Party and Program Specific Terms
: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on
www.dell.com/offeringspecificterms
(“Offer Specific Terms”).

In case of Resale only
: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.

In case of Financing only
: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.

Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S.

Government procurement.

For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.

Electronically linked terms and descriptions are available in hard copy upon request.

Page 5 ends

Dell Marketing LP. U.S. only. Dell Marketing LP. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682

113

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Amendment No. 7 - Preliminary Engineering & Design Services Pine Avenue Improvement Project (ST203).
..end

RECOMMENDATION
Approve Amendment No. 7 , contract # 2020 -131 to Proactive Engineering Consultants, Inc. of Corona, Ca. for additional Engineering and Design Professional Services , in an amount of $102,308 for a revised agreement total not -to-exceed $1,370,426 and authorize the City Manager to execute the necessary documents on behalf of the City.

..body

FISCAL IMPACT
There are sufficient funds in the Fiscal Year 2023-24 Capital Improvement Program for project ST203.

Revenue: Click or tap here to enter text.

Expenditure: 3207100 – 48004 – ST203
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 114
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE AMENDMENT NO. 7 WITH PROACTIVE ENGINEERING CONSULTANTS

FOR PRELIMINARY ENGINEERING AND DESIGN PROFESSIONAL SERVICES IN AN AMOUNT OF $102,308, FOR A REVISED AGREEMENT TOTAL NOT -TO-EXCEED $1,370,426.

PAGE: 2

BACKGROUND
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 be a six- lane arterial roadway with a raised landscaped median. Completing the ultimate configuration of Pine Avenue requires additional rights-of-way, relocation of existing utilities, changes in vertical profile, modification of intersections, new pavement and striping, provisions for new sewer, domestic water, recycled water, drainage, and water quality facilities. Construction of these new improvements will require coordination with adjacent property owners and/or review and permits from Army Corps of Engineers, Orange County Flood Control District, Caltrans, the California Department of Fish and Wildlife, and utility companies.

On September 17, 2019, the City Council approved a contract with Proactive Engineering Consultants (PEC) for the preliminary engineering and design of the Pine Avenue Master Plan in the amount of $380,000. PEC’s original cost proposal of $380,000 omitted traffic engineering, environmental, dry utility, field survey, and storm water hydrology subconsultant services. Since these support services will be required throughout the course of Pine avenue’s preliminar y engineering and design, the City will be required to amend the contract from time to time to include said support services, which will be offset by the Preserve Development Impact Fees.

ISSUES/ANALYSIS
As discussed above, support services will be requi red throughout the course of Pine Avenue’s preliminary engineering and design phase. The project is located within the Prado Basin inundation zone and has been determined by the Army Corps of Engineers (ACOE) that a 408 Permit is necessary. Tasks related to processing of the ACOE 408 Permit will be added to the PEC scope of services. These tasks include revision to the road profile and elimination of retaining walls in order to better balance the volume offset, minimizing impact to ACOE jurisdiction. Additional hydrologic and hydraulic analysis related to the processing of the ACO E 408 Permit area also added.

The alignment of Storm Drain Line H, a master planned facility, crosses through the limits of the Pine Avenue widening project. Designing and c onstructing the portion of Line H , which crosses Pine Avenue as part of this project will minimize impacts to traffic if constructed at a later date.

As such, a task for hydrological evaluation of the watershed area and historical flow tributary to the proposed Line H outfall will be added to PEC scope of services. Work related to the final design of Line H will be presented to Council as a future amendment, following the results of the hydrology analysis.

At the City’s request, PEC has prepared the scop e of work for Amendment No. 7 to include changes in street profile, revision of the underground utilities, support services for an ACOE 408 permit, and a historic hydrology analysis of flow tributary to Line H.

This project is completely funded through the City’s Preserve Development Impact Fees and has no impact on the City’s General Fund. Therefore, it is staff’s recommendation to the City Council to approve Amendment No. 7 with PEC in the amount of $102,308 for a total contract amount not-to-exceed $1,370,426.

115
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE AMENDMENT NO. 7 WITH PROACTIVE ENGINEERING CONSULTANTS

FOR PRELIMINARY ENGINEERING AND DESIGN PROFESSIONAL SERVICES IN AN AMOUNT OF $102,308, FOR A REVISED AGREEMENT TOTAL NOT -TO-EXCEED $1,370,426.

PAGE: 3

ST203 – PEC (2020-131) Contract Contingency
Original Contract & Contingency $380,000.00
Amendment No. 1-5 $875,618.00 $36,125.00
Amendment No. 6 $12,500.00 -($12,500.00)
Amendment No. 7 $102,308.00
Contract & Contingency Balance $1,370,426.00 $23,625.00

Attachment: Contract Amendment No. 7 – Proactive Engineering Consultants, Inc. (ST203)

116
Project Name/No.: ST203 – Preliminary Engineering Contract No.: 2020-131 (A7) & Design Services Pine Ave.

Project Manager: PW/ M. Hindersinn Approved: _______________

AMENDMENT NO. 7

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 Proactive Engineering Consultants, Inc., a California Corporation (“Consultant”) is effective as of the 17th day of October, 2023.

RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated September 17, 2019 (“Agreement”) whereby Consultant agreed to provide Engineering Services for the Pine Avenue Project.

B. City and Consultant entered into a First Amendment on March 3rd, 2020, to increase compensation.

C. City and Consultant entered into a Second Amendment on June 2 nd, 2020, to increase compensation.

D. City and Consultant entered into a Third Am endment on January 19 th, 2021, to increase compensation.

E. City and Consultant entered into a Fourth Amendment on July 20 th, 2021, to increase compensation, amend the Scope of Services, and extend the term of the Agreement.

F. City and Consultant entered into a Fifth Amendment on April 5th, 2022, to increase compensation and add to the Scope of Services.

G. City and Consultant entered into a Sixth Amendment on July 1st, 2023 to increase compensation, add to the Scope of Services, and extend the term of the Agreement.

H. City and Consultant now desire to amend the Agreement to increase compensation and add to the Scope of Services.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) Section 2.1, Contract Sum is hereby revised to increase the Contrac t Sum by One Hundred Two Thousand Three Hundred Eight Dollars and Zero Cents ($102,308.00) for performance of additional Design Engineering services for Project ST203, and shall read in its entirety as follows:
117
01225.0001/863605.1
“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 One Million Three Hundred Seventy Thousand Four Hundred Twenty -Six Dollars and Zero Cents ($1, 370,426.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
(b) The sco pe of services provided in “Exhibit A-1” and all amendments of the Agreement is amended to include services as specified in “Exhibit A -3”, attached hereto.

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and ef fect. 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 R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e 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 provi ded 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 Am endment, 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 stipula te and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to t he provisio ns of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.

[SIGNATURES ON FOLLOWING PAGE]

118
01225.0001/863605.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

Fred Galante, City Attorney Hye Jin Lee, Director of Public Works

CONSULTANT:

PROACTIVE ENGINEEERING CONSULTANTS,
INC.:

By:

Name: Mark Anderson
Title: Principal

By:

Name: Tom Braun
Title: Principal

Address: 200 S. Main St., Suite 300
Corona, CA 92882

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) Secre tary, any Assistant Secretary, Chie f Financial Officer or any Assistant Treasurer.
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“A3-1”

Exhibit “A-3”

Pine Avenue Widening Revisions
Task 01 100% Pine Ave Improvement Plans
Revise plans for the construction of Pine Ave widening consistent with the exhibit at tached.

Proposed roadway improvements extend from Euclid Ave. on the west to Johnson Ave. on the east. Plans will be submitted to the City for review at 65%, 95% and 100% complete.

It is assumed that the outlet and inlet structure of Storm Drain Line L can be constructed per agency standards (City/Caltrans/Greenbook etc).

Task 02 CIW Domestic Water Plans
Revise approved plans for the reconstruction of the State’s domestic water line between Euclid Ave and Johnson Ave. Plans will be submitted to the State for review, comment and approval.

Task 03 IEUA Recycled Water Plans
Revise approved plans for the reconstruction of IEUA’s recycled water line between Euclid Ave and Johnson Ave. Plans will be submitted to IEUA for review, comment and approval.

Task 04 Dry Utility Relocations
Coordinate with the City’s consultant to modify the existing improvements of Southern California Edison (SCE), Southern California Gas (SCG), Charter and Frontier between Euclid Ave and Johnson Ave. The relocated SCE, Charter and Fro ntier facilities are to be undergrounded within the Pine Ave r ight-of-way. This scope assumes that SCE, SCG, Charter and Frontier will prepare their own construction plans. The City of Chino shall pay any fees requested by the utility companies.

The precise scope of this task is indeterminate, so a budget of 32 hour s has been established.

Services will be billed on an hourly basis consistent with the attached rate schedule, not to exceed the established budget. Any additional budget must be approved by t he Client in advance of doing the work.

Task 05 Hydrology and Hydraulics
Prepare a Hydrology and Hydraulics Report summarizing the hydrology and hydraulic assumptions and calculations that are the basis of design for the Pine Ave culvert crossing and street catch basins. Hydrology and hydraulic calculations will be consistent with the procedures defined in the most recent version of “Storm Drain Master Plan Update, Subarea No. 2 – The Preserve”. Culvert hydraulics will be confirmed using Water Surface Pres sure Gradient (WSPG) software developed by Los Angeles Department of Public Works. The Pine Ave culvert crossing will be investigated for the existing condition and ultimate condition based on the new master plan of drainage.
120

“A3-2”
Task 06 Quantities and Cost Estimate
Prepare three (3) quantity estimates as required by the City of Chino. The first estimate shall be prepared with the 65% submittal. The second estimate shall be prepared with the 95% submittal. The final cost estimate and bid sheet will be submitted upon completion of the 100% plans. Unit pricing estimates will utilize the City’s furnished unit prices.

Task 07 ACOE 408 – Drawdown Calculation
Provide Hydrologic and Hydraulic Analysis detailing how Pine Ave Widening improvements affect the inundation area of Prado Dam. Calculation will sho w that the proposed Storm Drain Line L will drain the area north of Pine Ave quicker than the drawdown time of Prado Dam through the elevations of 556 through 547.

It is assumed that the ACOE will not require a scour analysis, sediment transport analysis or a HEC-RAS model to support the above calculation.

Task 08 ACOE 408 – Support
Provide miscellaneous exhibits in support of the ACOE 408 submittal package. The precise scope of this task is indeterminate, so a budget of 40 hours has been established. Services will be billed on an hourly basis consistent with the attached rate schedule, not to exceed the established budget. Any additional budget must be approved by the Client in advance of doing the work.

Task 09 Transportation WQMP
Revise WQMP for review, comment, and approval by City of Chino. The plan will outline source control, LID, and post-construction BMPs applicable to the project to reduce and/or eliminate the discharge of pollutants from the completed project into the receiving waters. This scope is limited to the reach of Pine Ave between Euclid Ave and Johnson Ave.

Task 10 Meetings, Consultation and Support (NTE)
Meeting attendance, participation in digital meetings, phone calls and support of other consultant team members will be performed on an hourly basis. The precise scope of this task is indeterminate, so a budget of 40 hours has been established. Services will be billed on an hourly basis consistent with the attached rate schedule, not to exceed the e stablished budget.

Any additional budget must be approved by the City in advance of doing the work.

Task 11 Soils Investigation and Report
NMG has collected sufficient data during the project’s earlier subsurface investigation along the southern half of the site to evaluate and provide design recommendations for our original design report (NMG, 2021). However, there is no geotechnical data for the northern half of the site, which is located within the United States of America (USA), Army Corps of Engineer s (ACOE) property. This proposal consists of performing site specific geotechnical exploration to collect data on the north side of Pine Avenue and to provide the design model with the planned fill 121

“A3-3”
slopes and the associated storm drain culvert inlet structure. We understand that this work will need to be processed through the ACOE for site access and the time duration of this effort is uncertain.

Site-specific borings are proposed to determine the existing subsurface soil conditions, groundwater level, and the required geotechnical design parameters for the proposed northern fill slopes and storm drain inlet structure and culvert. Soil sampling and laboratory testing will also be performed. We anticipate that settlement of soft, weak alluvial soils and shall ow groundwater conditions will be significant geotechnical constraints for design of the storm drain culvert and inlet structure. The fill slopes will also add considerable loads on the soils below and thus induce settlement.

Due to the presence of thick weeds, we propose using a backhoe to crush the weeds and make a level pad for drill rig access. We understand permits for the three proposed borings will be required by ACOE and that the City of Chino will take the lead in determining the environmental impacts and obtaining the ne cessary permits for the proposed drilling. The project will be performed under prevailing wage guidelines. Please note, assessment of contaminated soils or environmental issues is not a part of our services.

Assumptions
• Volume offset for Prado Reservoir will not be required. Memo from Jon Sweeten dated o March 5, 2021 provides clearance from requiring volume offset calculation. • OCFCD will have acquired all adjacent properties, except parcel owned by USA • Caltrans encroachment permit application and processing by others • OCFCD encroachment permit application and processing by others • ACOE 408 permit application and processing by others
• Additional geotechnical borings to be done after City has taken possession of the ACOE property.

Exclusions
• Appraisals
• Erosion Control
• SWPPP
• Traffic Signal Design
• Traffic Studies
• Traffic Control Plans
• Street Light Design
• Dry Utility Design
• Utility company fees
• Relocation of monitoring wells within Pine Ave
• Plans for Line H storm drain
• Plans for Line I storm drain
• Plans for Johnson Ave
122

“A3-4”
• Landscape Plans
• Potholing
• Environmental Studies
• Construction Staking
• Volume Offset Calculations
• Scour Analysis
• Sediment Transport Analysis
• Watershed Hydrology
• HEC-RAS Model
• Structural Plans and Calcs for Storm Drain Line L
• ACOE work plan associated with geotechnical borings

Client will reimburse PEC monthly on an hourly not to exceed basis subject to the following rate schedule:

Pine Avenue Widening Revisions
Task 01 100% Pine Ave Improvement Plan ------------------------------------------------- $21,000 Task 02 CIW Domestic Water Plans -------------------------------------------------------------$5,300 Task 03 IEUA Recycled Water Plans -------------------------------------------------------------$6,100 Task 04 Dry Utility Relocations (NTE) -----------------------------------------------------------$6,500 Task 05 Hydrology and Hydraulics --------------------------------------------------------------$7,300 Task 06 Quantities and Cost Estimate ----------------------------------------------------------$2,500 Task 07 ACOE 408 – Drawdown Calculation --------------------------------------------------$5,000 Task 08 ACOE 408 Support (NTE) ----------------------------------------------------------------$8,100 Task 09 Transportation WQMP ------------------------------------------------------------------$4,000 Task 10 Meetings, Consultation, and Support (NTE) ----------------------------------------$8,100 Task 11 Soil Investigation and Report -------------------------------------------------------- $34,252 Subtotal $108,152
Amendment #5
Structural Plan ------------------------------------------------------------------------ -$25,500 Subtotal -$25,500
Total $82,652
123

“A3-5”
Storm Drain Line H
Task 01 Historic Hydrology Analysis
Provide engineering services to prepare a historical evaluation of the watershed area and hydrology tributary to the existing stream channel crossing of Pine Avenue located approximately 500 feet east of the intersection with Euclid Avenue. The hydrology analysis will also evaluate the downstream location w here the existing stream channel discharges to the Prado Lakes. The watershed hydrology will be prepared following the guidelines in the San Bernardino County Hydrology Manual. The hydrology will be prepared for the wate rshed conditions that pre -date the development of the Chino Preserve area. Hydrology will be prepared for the 10- and 100-year storm events. Rational Method, Unit Hydrograph, and a flood routing analysis will be prepared. The unit hydrograph and flood ro uting analyses will be prepared to incorporate the Chino Airport detention basin which existed prior to the start of the Chino Preserve. A technical memorandum will be prepared to document the assumptions, methodology, and results of the analysis. A hydr ology map will be prepared based o n the best available topographic mapping.

Task 02 Meetings, Consultation and Support (NTE)
Meeting attendance, participation in digital meetings, phone calls and support of other consultant team members will be performed o n an hourly basis. The precise sc ope of this task is indeterminate, so a budget of 16 hours has been established. Services will be billed on an hourly basis consistent with the attached rate schedule, not to exceed the established budget.

Any additional budget must be approved by the City in advance of doing the work.

Exclusions and Assumptions
• Adequate topographic mapping is available.
• No hydraulic analysis to be performed.

Client will reimburse PEC monthly on an hourly not to exceed basis subject to the following rate schedule:

Storm Drain Line H
Task 01 Historic Hydrology Analysis ----------------------------------------------------------- $16,224 Task 02 Meetings, Consultation and Support (NTE) ----------------------------------------- $3,232 Subtotal $19,456
Reimbursable Expenses $200
Total Professional Fee $19,656

124

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Approve Purchase Order - 2024 Single Axle Valve Turner Vacuum Trailer. ..end

RECOMMENDATION
Approve a purchase order to Pres-Tech Manufacturers’ Representatives Inc., Westminster, CA, in the amount of $87,460.96 for the purchase of one (1) Model Year 2024 Single Axle Valve Turner Vacuum Trailer for the Public Works Department and authorize the City Manager to execute all necessary documents on behalf of the City.

..body

FISCAL IMPACT
Sufficient funds are included in the FY 2023-24 Equipment Management Operating Budget.

Revenue: Click or tap here to enter text.

Expenditure: 6607400-48090-IE247
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 125
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE A PURCHASE ORDER IN THE AMOUNT OF $87,460.96 FOR THE PURCHASE OF A 2024 SINGLE AXLE VALVE TURNER VACUUM TRAILER.

PAGE: 2

BACKGROUND
The Public Works Department’s Fleet Division is responsible for purchasing, maintaining, and replacing of all City -owned equipment. When equipment is purchased, the unit is assigned a unit number and placed on a maintenance and eventual replacement schedule . The approved Fiscal Year 2023-2024 budget includes funds for the purchase of one (1) new trailer (assigned to the Public Works Department). This trailer will be an addition to the City’s fleet.

This trailer will be assigned to our Water Division for Distribution crew operation for exercising and turning water valves. Exercising and turning valves are a critical maintenance function to ensure that valves are in good working condition in the case of a water emergency where water shutdown is warranted. Good working valves minimizes water shutdown limits and impacts to our customers. The trailer comes equipped with valve turner assembly.

Public Works
 Unit No. 4012T 2024 Single Axel Valve Turner Vacuum Trailer

ISSUES/ANALYSIS
Finance, with the assistance of Public Works, compiled specifications and prepared bid packages for one (1) trailer to be utilized by the Public Works Department. The selected trailer was chosen to maintain consistency with the overall City’s existing fleet, the familiarity of the staff operating and providing mechanic services on the equipment, and the availability of parts from local dealerships. On July 24, 2023, the bid notice was published on the City’s Planet Bids website and broadcasted to fifty-eight (58) dealerships.

On August 4, 2023, the City received the following bid results:

Single axel valve turner vacuum trailer

Dealership Name City Unit Price

Tax and
Fees

Total Cost for
Vehicle

Pres-Tech
Manufacturers’
Representatives, Inc.

Westminster $ 79,125.00 $ 8,335.96 $ 87,460.96

Pres Tech Manufactures Representatives, Inc., Westminster, CA, has been thoroughly reviewed by City staff and deemed the lowest responsible and responsive bidder with a bid amount of $87,460.96. Therefore, staff recommends that the City Council approve a purchase order to Pres Tech Manufactures Representatives Inc., Westminster, CA, in the amount of $79,125 plus sales tax and fees of $8,335.96, for a total amount not -to-exceed $87,460.96. All supporting documents are on file with the City’s Finance Department/Purchasing Division.

126

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Purchase Order - Los Angeles Truck Centers LLC.
..end

RECOMMENDATION
1) Approve a purchase order to Los Angeles Truck Centers, LLC, Whittier, CA, in the amount of $641,175.57 for the purchase of one (1) Model Year 2025 Freightliner 114SD Sewer Vacuum Truck; 2) approve a purchase order to Los Angeles Truck Centers, LLC, Whittie r, CA, in the amount of $201,790.95 for the purchase of one (1) Model Year 2024 Ford F -550 Regular Cab Service Body Truck for the Public Works Department; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

..body

FISCAL IMPACT
Sufficient funds are included in the FY 2023-24 Adopted Equipment Management O perating Budget.

Revenue: Click or tap here to enter text.

Expenditure: 6607400-48080, 66074001-48070-IE240
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 127
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE A PURCHASE ORDER IN THE AMOUNT OF $641,175.57 TO LOS ANGELES TRUCK CENTERS LLC FOR A MODEL YEAR 2025 FREIGHTLINER 114SD SEWER VACUUM TRUCK AND A MODEL YEAR 2024 FORD F -550 REGULAR CAB SERVICE BODY TRUCK.

PAGE: 2

BACKGROUND
The Public Works Department’s Fleet Division is responsible for purchasing, maintaining, and replacing of all City-owned vehicles. When a vehicle is purchased, the vehicle is assigned a unit number and placed on a maintenance and eventual replacement schedule. The approved Fiscal Year 2023-2024 budget includes funds for the purchase of one (1) new vehicle (assigned to the Public Works Department) to replace the following unit due to mechanical condition and depreciation:

 Old Unit No. 650 2008 Autocar Sewer Vacuum Truck

Additionally, the approved Fiscal Year 2023-2024 budget includes funds for the purchase of one (1) new vehicle assigned to Public Works. This vehicle will be an addition to the City’s fleet.

 New Unit No. 683 Ford F-550 Regular cab service body truck

ISSUES/ANALYSIS
Finance, with the assistance of Public Works, compiled specifications and prepared bid packages for two (2) vehicles to be utilized by the Public Works Department. The selected trucks were chosen to maintain consistency with the overall City’s existing fleet, the familiarity of the staff operating and providing mechanic services on the truck, and the availability of parts from local dealerships. On July 24, 2023, the bid notice was published on the City’s Planet Bids website and broadcasted to fifty-eight (58) dealerships.

On August 4, 2023, the City received the following bid results:

Freightliner 114SD Sewer Vacuum Truck

Dealership Name City Unit Price

Tax and Fees

Total Cost for
Vehicle

Los Angeles Truck
Centers, LLC
Whittier $ 594,490.00 $ 46,685.57 $ 641,175.57
Utility Equipment and
Supply, Inc.

Tolleson
AZ $ 636,721.00 $ 52,353.38 $ 689,074.38

Ford F-550 Service Body Truck

Dealership Name City Unit Price

Tax and Fees

Total Cost for
Vehicle

Los Angeles Truck
Centers, LLC
Whittier $ 186,995.00 $ 14,795.95 $ 201,790.95

128
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE A PURCHASE ORDER IN THE AMOUNT OF $641,175.57 TO LOS ANGELES TRUCK CENTERS LLC FOR A MODEL YEAR 2025 FREIGHTLINER 114SD SEWER VACUUM TRUCK AND A MODEL YEAR 2024 FORD F -550 REGULAR CAB SERVICE BODY TRUCK.

PAGE: 3

Los Angeles Truck Centers, LLC, Whittier, CA, has been thoroughly reviewed and deemed the lowest responsible and responsive bidder with a total bid amount of $842,966.52. Staff recommends that the City Council approve a purchase order to Los Angeles Truck Centers LLC, Whittier, CA, for an Autocar Sewer Vacuum Truck in the amount of $594,490 plus sales tax and fees of $46,685.57 for a total amount not -to-exceed $641,175.57; and a purchase order for a Ford F -550 Service Body Truck in the amount of 186,995 plu s sales tax and fees of $14,795.95 for a total amount not -to-exceed $201,790.95. All supporting documents are on file with the City’s Finance Department/Purchasing Division.

129

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Approve a Purchase Order - 2025 Ford F-550 Boom Truck.
..end

RECOMMENDATION
Approve a purchase order to Altec Industries, Inc., Pomona, CA, in the amount of $177,983.45 for the purchase of one (1) Model Year 2025 Ford F -550 Boom Truck for the Public Works Department and authorize the City Manager to execute all necessary documents on behalf of the City.

..body

FISCAL IMPACT
Sufficient funds are included in the FY 2023-24 Equipment Management Operating Budget.

Revenue: Click or tap here to enter text.

Expenditure: 6607400-48080
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 130
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE A PURCHASE ORDER FOR A 2025 FORD F -550 BOOM TRUCK IN THE AMOUNT OF $177,983.45.

PAGE: 2

BACKGROUND
The Public Works Department’s Fleet Division is responsible for purchasing, maintaining, and replacing all City -owned vehicles. When a vehicle is purchased, the vehicle is assigned a unit number and placed on a maintenance and eventual replacement schedule. The approved Fiscal Year 2023-2024 budget includes funds for the purchase of one (1) new vehicle (assigned to the Public Works Department) to replace the following unit d ue to mechanical condition and depreciation:

 Unit No. 729 2006 Chevrolet 4500 Boom Truck

ISSUES/ANALYSIS
Finance staff, with the assistance of Public Works staff, compiled specifications and prepared bid packages for one (1) vehicle replacement to be utilized by the Public Works Department.

The selected truck was identified in order to maintain consistency with the City’s existing fleet, the familiarity of the staff operating and providing mechanic services on the truck, and the availability of parts from local dealerships. On July 24, 2023, the bid notice was published on the City’s Planet Bids website and broadcasted to fifty-eight (58) dealerships.

On August 4, 2023, the City received the following bid results:

Ford F-550 Boom Truck

Dealership Name City Unit Price

Tax and Fees

Total Cost for
Vehicle

Altec Industries, Inc. Pomona $ 157,983.45 $ 19,990.45 $ 177,983.45 Transwest Truck Center Fontana $ 203,117.11 $ 16,045.41 $ 219,162.52 Utility Equipment and
Supply, Inc.

Tolleson
AZ $ 212,694.97 $ 17,041.19 $ 229,736.16

Altec, Inc., Pomona, CA, has been thoroughly reviewed by City staff and deemed the lowest responsible and responsive bidder with a bid amount of $177,983.45. Therefore, staff recommends that the City Cou ncil approve a purchase order to Altec Inc., Pomona, CA, in the amount of $157,983.45 plus sales tax and fees of $19,990.45, for a total amount not -to-exceed $177,983.45. All supporting documents are on file with the City’s Finance Department ’s Purchasing Division.

131

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Adoption of Ordinance No. 2023-019.
..end

RECOMMENDATION
Approve the adoption of Ordinance No. 2023 -019 on second reading, approving PL20 -0003 (Prezone/Annexation) in conjunction with the proposed annexation of the East End Annexation area.
..body

FISCAL IMPACT
There is no fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Responsible Long-Range Planning

Revenue:

Expenditure:

Transfer In: Transfer Out:
132
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: ADOPTION OF ORDINANCE NO. 2023 -019 APPROVING PL20 -0003 (PREZONE/ANNEXATION) IN CONJUNCTION WITH THE ANNEXATION OF THE EAST END ANNEXATION AREA (SECOND READING).

PAGE: 2

BACKGROUND
This matter was introduced on first reading by the Council at their October 3, 2023 meeting.

The ordinance prezones 52.32 acres of land to Light Industrial (M1) and 4.55 acres of land to General Industrial (M2) within the City of Chino Sphere of Influence , furthering the City’s goal of providing responsible long-range planning.

Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
ORDINANCE NO. 2023-019:

FRANCIS AVENUE, WEST OF EAST END AVENUE, NOR TH OF PHILADELPHIA STREET, AND A SMALL PORTION SOUTH OF PHILADELPHIA STREET (APNS: 1013 -261-17, 1013- 271-01, -10, -11, -06, -13, -14, 1013 -521-04, -05, -11, -14, -15, -16, -18, 1013 -531-04, -07, 1016-011-02, -03, -05, -06, -08, -09, -10, & -15) WITHIN THE CITY OF CHINO SPHERE OF INFLUENCE AND IN CONNECTION WITH (PREZONE/ANNEXATION PL20 -0003) AND AMENDING ORDINANCE NO. 2010-06.

133
ORDINANCE NO. 2023-019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, PREZONING 52.32 ACRES OF LAND TO LIGHT INDUSTRIAL (M1) AND 4.55 ACRES OF LAND TO GENERAL INDUSTRIAL (M2) FOR PARCELS GENERALLY LOCATED SOUTH OF FRANCIS AVENUE, WEST OF EAST END AVENUE, NORTH OF PHILADELPHIA STREET, AND A SMALL PORTION SOUTH OF PHILADELPHIA STREET(APNS: 1013-261-17, 1013-271-01, -10, -11, -06, -13, -14, 1013-521-04, -05, -11, -14, -15, -16, -18, 1013-531-04, -07, 1016-011-02, -03, -05, -06, -08, -09, -10, & -15) WITHIN THE CITY OF CHINO SPHERE OF INFLUENCE AND IN CONNECTION WITH (PREZONE/ANNEXATION PL20-0003) AND AMENDING ORDINANCE NO. 2010-06. WHEREAS, the City of Chino has initiated the prezone of property concurrently with its review of the related annexation in compliance with State law and the requirements of the Local Agency Formation Commission (LAFCO); and WHEREAS, a description for the annexation boundaries of the territory is set forth in Exhibit “A” and the proposed prezone in Exhibit “B” attached hereto and by this reference incorporated herein; and WHEREAS, the proposed prezone is required at this time by the LAFCO, and State law, because of the proposed annexation of the properties; and WHEREAS, the proposed prezone is consistent with the goals and policies of the Chino General Plan as the land use element of the General Plan identifies Goal LU-4 providing a clear transition for properties within the Sphere of Influence (SOI). A neighborhood meeting was held to provide property owners, residents, business owners and tenants with information on the annexation process and to answer questions on the differences and similarities between regulations and services between San Bernardino County (County) and City of Chino. The proposed prezone of the properties will be consistent with the General Plan designations of the property within the annexation area that are currently designated as Light Industrial (LI) and General Industrial (GI); and WHEREAS, the proposed prezone is reasonable and beneficial, and in the interest of good zoning practice as the General Plan designation of the property within the annexation area are currently designated as Light Industrial (LI) and General Industrial (GI). Upon annexation to the City of Chino, the zoning designations of Light Industrial (M1) and General Industrial (M2) will be consistent with the City’s General Plan land use designation for the site, as required by State planning, zoning, and development law; and WHEREAS, the proposed prezone will not have a significant adverse impact on the environment as a Mitigate Negative Declaration (MND) has been prepared that concludes the Project will not have a significant adverse effect on the environment. Potentially significant effects were identified and mitigation measures have been incorporated to ensure the effects remain at less than significant levels. The MND satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code, Section 21000 et seq.;14 CCR 15000 et seq.); and 134
ORDINANCE NO. 2023-019Page 2 of 4 WHEREAS, the change will not adversely affect the harmonious relationship with adjacent parcels and land uses as the surrounding properties to the north, south and west are all designated for industrial uses, developed with a range of industrial uses, and are consistent with the proposed M1 and M2 zoning. In addition, the proposed industrial development at the northwest corner of Philadelphia Street and East End Avenue is zoned M1 and intended to accommodate a less intense industrial user. The three industrial buildings were designed to a scale and mass that is compatible with the adjacent residential properties to the east, across East End Avenue and consistent with the requirements of the M1 zoning district. The prezone of properties to M1 and M2 will be in harmony with the surrounding parcels and land uses; and WHEREAS, the subject site is physically suitable, including but not limited to parcel size, shape, access, availability of utilities, and compatibility with adjoining land uses, for the M1 and M2 prezone designations, as there no proposed land use changes and only one proposed industrial development within the annexation area in which the site is designated for industrial uses. The industrial development will have adequate access, in that all minimum zoning requirements governing parcel size, shape, access, type and intensity of development, as all minimum development standards related to setbacks, building height, lot coverage, parking and landscaping have been met or exceeded and the appropriate infrastructure and public improvements are conditioned to be constructed as part of the development; and WHEREAS, the Planning Commission held a duly noticed public hearing in compliance with the law on July 19, 2023, entertained the written and oral report of staff, took public testimony on the proposed Project, including the draft MND, adopted Resolution No. PC2023-023, conditionally approved the Site Approval (PL20-0004) and Tentative Parcel Map (PL20-0005), adopted Resolution No. PC2023-022, recommending that the City Council approve the Prezone/Annexation (PL20-0003), and adopted Resolution No. PC2023-021, recommending the City Council adopt the MND for the Project, on a vote of 4 ayes to 3 nays; and WHEREAS, a notice was published in the Chino Champion newspaper on September 23, 2023, advising the public of a public hearing scheduled before the City Council on October 3, 2023, to consider the Project, the Planning Commission’s recommendation to approve the Prezone/Annexation (PL20-0003) and adoption of the MND, and to deny the appeal of the Planning Commission’s action, conditionally approving the Site Approval (PL20-0004) and Tentative Parcel Map (PL20-0005); and WHEREAS, on October 3, 2023, the City Council held a duly noticed public hearing for the Project in compliance with law, entertained the written and oral report of staff, and took public testimony on the Project, including the proposed MND; and WHEREAS, a MND has been prepared that concludes the proposed Project will not have a significant adverse effect on the environment. Potentially significant effects were identified, and mitigation measures have been incorporated to ensure the effects remain at less than significant levels. The MND satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code §§21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.); and 135
ORDINANCE NO. 2023-019Page 3 of 4 WHEREAS, the proposed prezoning will not have a significant adverse impact on the environment as an MND has been adopted for the Project as Resolution No. 2023-056, and all potential impacts associated with the Project will be mitigated to a level that will not have significant adverse impacts to the environment; and WHEREAS, all provisions of the California Government Code and Chino Municipal Code related to the prezoning of the property have been complied with, including noticed public hearings. NOW, THEREFORE, the City Council of the City of Chino does not ordain as follows: Section 1: The foregoing recitals are true and correct and incorporated herein. Section 2: Ordinance No. 2010-06 is hereby amended so as to prezone 52.32 acres of land to Light Industrial (M1) and 4.55 acres of land to General Industrial (M2), generally located south of Francis Avenue, west of East End Avenue, north of Philadelphia Street, and a small portion south of Philadelphia Street as is more fully described on the legal and plat in Exhibit “A”. Section 3: The properties which are the subject of the City’s annexation application PL20-0003 (Prezone/Annexation) are hereby prezoned to Light Industrial (M1) and General Industrial (M2) as is more fully described on the legal and plat in Exhibit “A” and as shown in Exhibit “B”. Section 4: Severability. If any section, subsection, sentence, 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 Chino declares that they would have enacted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of any determination of invalidity. Section 5: 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 said City in accordance with the provisions of the Government Code. ADOPTED THIS 17th DAY OF OCTOBER 2023. ___________________________ EUNICE M. ULLOA, MAYORATTEST:____________________________NATALIE GONZAGA, CITY CLERK 136
ORDINANCE NO. 2023-019Page 4 of 4 State of California )County of San Bernardino ) § City of Chino ) I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the foregoing Ordinance was duly adopted by the City Council at a regular meeting held on the 17thday of October 2023, by the following votes: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ____________________________ NATALIE GONZAGA, CITY CLERK Attachments:Exhibit “A” – LAFCO Annexation Map/Legal DescriptionExhibit “B” – Prezone Map 137
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139
140
141
142
¯LEGENDProposed DevelopmentProposed AnnexationCurrent City BoundaryZoning DesignationsLight Industrial (M1)General Industrial (M2)

PROPOSED PREZONE
Date: 6/21/2023

FRANCIS AVE
PHILADELPHIA STM1M2
143

MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT
..titl e
Annexation of Territory into Existing Community Facilities District No. 2003-03 Improvement Area 5.
..end

RECOMMENDATION
..recommendation
1) Conduct a Public Hearing; 2) adopt Resolution No. 2023-062 calling a special election for the purpose of approving an annexation into Improvement Area 5 of the Community Facilities District No. 2003-03; 3) adopt Resolution No. 2023-063, declaring results of the special election; and 4) authorize the City Manager to execute all documents on behalf of the City.

..body

FISCAL IMPACT
Annexation of this property will add an additional $ 28,704 of Special Taxes annually, to be levied within Improvement Area 5 (IA 5) of Community Facilities District No. 2003-03 (CFD 2003-03) to be used for certain municipal services described in the Resolution of Formation for CFD No. 2003-03.

Revenue: 1001000-51200

Expenditure:

Transfer In: Transfer Out:
144
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: CONDUCT A PUBLIC HEARING REGARDING ANNEXATION NO. 8 OF TERRITORY INTO EXISTING COMMUNITY FACILITIES DISTRICT NO. 2003-03 IMPROVEMENT AREA 5.

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 Improvement Area 5 of CFD 2003-3 for the purposes of levying special taxes exclusively for payment of municipal services and administrative expenses for Improvement Area 5 (note: no public facilities are authorized to be financed through Im provement Area 5 and no CFD bonds will be issued payable by Improvement Area 5 Special Taxes). The Rate and Method of Apportionment for Improvement Area 5 (RMA) includes the Special Tax rates for residential and non -residential properties.

Authorized munic ipal services payable from Improvement Area 5 Special Taxes include maintenance of parks, parkways and open space, flood and storm protection, operation of storm drainage systems, and public safety services.

On September 5, 202 3, City Council adopted Reso lution No. 202 3-053 declaring the City of Chino’s intention to annex territory into Improvement Area 5 of Community Facilities District No. 2003-3 for municipal services and establishing October 17, 2023 as the Public Hearing date.

ISSUES/ANALYSIS
The p roperty owner petitioning the City Council to annex into Improvement Area 5 is Independence at the Preserve, LLC, a Delaware limited liability company (the “Owner”) controlled by Lewis Management Corp., a Delaware corporation (“Lewis”). The Landowners are seeking to annex into Improvement Area 5 of CFD 2003 -3 as a condition of Resolution No. 2005-14 and subsequent resolutions, which require that all development projects within The Preserve annex into an existing CFD to fund necessary municipal services.

Upon adoption of Resolution No. 202 3-053, a notice of Public Hearing was published in the local newspaper on October 7, 2023. Additionally, the full notice was sent to the Landowners as required by law. Ballot and waiver forms were sent to each of the Landowners. The waiver form allows the Landowners 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 of the Landowners have signed the waiver to ensure the election occurs on an expedited basis. The City Clerk must also concur with the shortening of various time periods applicable to said landowner election.

The annexation into Improvement Area 5 of CFD 2003 -3 shall be subject to approval of the qualified electors within the territory proposed to be annexed into Improvement Area 5 of CFD 2003-3 at a special election.

After the public hearing has been conduct ed, an election is held for the affected Landowners to cast their ballots. The ballots are tallied, and if the annexation is approved by the Landowners, the City adopts a resolution declaring the result of the special election and ordering annexation of the property into the District.

Attachments: Resolution No. 2023-062, Exhibit A
145
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: CONDUCT A PUBLIC HEARING REGARDING ANNEXATION NO. 8 OF TERRITORY INTO EXISTING COMMUNITY FACILITIES DISTRICT NO. 2003-03 IMPROVEMENT AREA 5.

PAGE: 3

Resolution No. 2023-063
Annexation Boundary Map

146

1 RESOLUTION NO. 2023-062

A RESOLUTION OF THE CITY COUNCIL OF CITY OF CHINO ,

CALIFORNIA, AUTHORIZING THE ANNEXATION OF CERTAIN
TERRITORY TO IMPROVEMENT AREA 5 OF COMMUNITY
FACILITIES DISTRICT NO. 2003 -3 OF THE CITY OF CHINO,

AUTHORIZING THE LEVY OF SPECIAL TAXES, AND CALLING
ELECTIONS THEREIN (ANNEXATION NO. 8)
WHEREAS, the City Council (the “City Council”) of City of Chino (the “City”) has heretofore adopted Resolution No. 2023-053 on September 5, 2023 (the “Resolution of Intention to Annex”) stating its intention to annex certain territory (the “Proposed Annexation Area”) to Improvement Area 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, being Chapter 2.5 of Part 1 of Division 2 of Title 5 o f the Government Code of the State of California (the “Act”); and
WHEREAS, a copy of the Resolution of Intention to Annex setting forth a description of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and the services (the “Services”) and costs of the Community Facilities District to be financed by Improvement Area 5 of the Community Facilities District, and the rate and method of apportionment of the special tax for Improvement Area 5 of the Community Facilities Dist rict proposed to be levied within the Proposed Annexation Area is on file with the Clerk of the City (the “City Clerk”) and is incorporated herein by reference; and WHEREAS, a notice was published in a newspaper of general circulation at least seven (7) days prior to the public hearing on October 17, 2023 with respect to the matters described in the Resolution of Intention to Annex and notice was mailed to all owners of the land within the Proposed Annexation Area as required by law relative to the intention of the City Council to annex the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and to levy a special tax within the Proposed Annexation Area; and WHEREAS, on October 17, 2023, this City Council opened a noticed publi c hearing as required by law relative to the proposed annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and the levy of special taxes therein for the payment of the Services and costs of the Community Facilities District; and WHEREAS, at the October 17, 2023 public hearing all persons desiring to be heard on all matters pertaining to the proposed annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District, and the levy of the special taxes within the Proposed Annexation Area were heard and a full and fair hearing was held; and WHEREAS, at the public hearing, evidence was presented to the City Council on the matters before it, and the proposed annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and the levy of special taxes within the Proposed Annexation Area was not precluded by a majority protest of the type described in Section 53339.5 of the Act, and this City Council at the conclusion of the hearing is fully advised as to all matters relating to the annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and the levy of the special taxes in the Proposed Annexation Area; and
147

2 WHEREAS, the City Council has determined that there have been fewer than twelve registered voters residing in the Proposed Annexation Area for the period of 90 days prior to October 17, 2023 and that the qualified electors in the Proposed Annexation A rea are the landowners within the Proposed Annexation Area; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District and to call an election within the Proposed Annexation Area to authorize (i) the annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District, and (ii) the levy of special taxes pursuant to the applicable rate and method of apportionment of the special tax for Improvement Area 5 of the Community Facilities District, as set forth in Exhibit C to the Resolution of Intention to Annex (the “Improvement Area 5 Rate and Method”).

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

Section 1. Each of the above recitals is true and correct.

Section 2. An annexation of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District is hereby author ized pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the annexation of the Proposed Annexation Area to Improvement Area 5 were valid and in conformity with the requirements of law, including the Act.

Section 3. The Improvement Area 5 Rate and Method is described in detail in Exhibit C to the Resolution of Intention to Annex and incorporated herein by this reference, and the City Council hereby finds that Exhibit C to the Resolution of Intention to A nnex contains sufficient detail to allow each landowner within the Proposed Annexation Area to estimate the maximum amount that may be levied against each parcel.

Section 4. Written protests against the annexation of the Proposed Annexation Area have not been filed by one-half or more of the registered voters or six registered voters, whichever is more residing within Improvement Area 5, within the boundaries of the Proposed Annexation Area or by the property owners of one -half or more of the area of land within the boundaries of the Proposed Annexation Area. The City Council hereby finds that the proposed annexation has not been precluded by a majority protest pursuant to Section 53339.6 of the Act.

Section 5. An election is hereby called for within the Proposed Annexation Ar ea on the proposition of annexing the Proposed Annexation Area to Improvement Area 5 and the levying of the special tax for Improvement Area 5 in accordance with the Improvement Area 5 Rate and Method on the property within the Proposed Annexation. The pr oposition to be placed on the ballot is attached hereto as Exhibit A.

Section 6. The date of the foregoing election within the Proposed Improvement Area shall be October 17, 2023, or such later date as is consented to by the City Clerk and the landowners within the P roposed Annexation Area. The City Clerk shall conduct the election.

Except as otherwise provided by the Act, the election shall be conducted by personally delivered or mailed ballot and, except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Chino insofar as such provisions are determined by the City Clerk to be applicable. 148

3 It is hereby found that there are not more than twelve registered voters within the Proposed Annexation Area, and, pursuant to Section 53326 of the Act, each landowner who is the owner of record on the date hereof, or the authorized representative thereof, shall have one vote for each acre or portion thereof that he or she owns within the Proposed Annexation Area.

PASSED AND ADOPTED by the City Council at a regular meeting held on the 17th day of October 2023.

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

149

4 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF CHINO )
I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 17th day of October 2023, by the following votes:

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

NATALIE GONZAGA, CITY CLERK
Attachments: Exhibit A

150

A-1

EXHIBIT A

SAMPLE BALLOT

SPECIAL TAX ELECTION

CITY OF CHINO

ANNEXATION OF TERRITORY TO
IMPROVEMENT AREA 5 OF
COMMUNITY FACILITIES DISTRICT NO. 2003-3
(ANNEXATION NO. 8)

(October 17, 2023)
This ballot represents __ votes.

To vote, stamp a cross (+) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear or deface this ballot, return it to the City Clerk of City of Chino and obtain another.

PROPOSITION: Shall the territory described in Resolution No. 2023 -053 of the City Council of the City of Chino (the “Resolution of Intention to Annex”) as the Proposed Annexation Area be annexed to Improvement Area 5 of Community Facilities District No. 2003-3 of the City of Chino, and shall a special tax with a rate and method of apportionment as provided in Exhibit C to the Resolution of Intention to Annex for Improvement Area 5 of Community Facilities District No. 2003 -3 be levied in the Proposed Annexation Area to pay for the Services and other purposes described in the Resolution of Intention to Annex?

YES______
NO_______

151

1 RESOLUTION NO. 2023-063

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHINO DECLARING ELECTION RESULTS FOR ANNEXATION
NO. 8 TO IMPROVEMENT AREA 5 OF COMMUNITY FACILITIES
DISTRICT NO. 2003-3
WHEREAS, the City Council (the “City Council”) of the City of Chino (the “City”) has heretofore conducted proceedings in accordance with Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code, commonly known as the “Mello -Roos Community Facilities Act of 1982” (the “Act”) for the annexation of approximately 12.21 acres of land within portions of Assessor Parcel Numbers 1057-181-21, 1057 -181-36, 1057 -181-37, and 1057 -181-40 to Improvement A rea 5 (“Improvement Area 5”) of Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”), including conducting a public hearing on October 17, 2023 pursuant to Section 53339.5 of the Act; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for October 17, 2023 and submitting to the qualified electors of the territory to be annexed to Improvement Area 5 of the Community Facilities District the question 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 as a result of the development of said real property as provided in the for m of special election ballot attached thereto as Exhibit A; and
WHEREAS, a Certificate of Election Results, dated October 17, 2023, executed by the City Clerk, has been filed with this City Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this City Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election;

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

Section 1. Recitals. This City Council finds and determines that the foregoing recitals are true and correct.

Section 2. Ballot Measure. This City Council hereby finds, determines and declares that the ballot measure submitted to the quali fied electors of the territory to be annexed (the “Annexed Territory”) to Improvement Area 5 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Act.

Section 3. Declaration of Results . All votes vot ed in the special election on the proposition of the annual levy of special taxes within the Annexed Territory to pay the costs of the services to be provided by the Community Facilities District were voted in favor thereof, and such proposition carried.
152

2 Section 4. Annexation. This City Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Act, the City Council is authorized to determine that the Annexed Territory has been added to and become a part of Improvement Area 5 of the Community Facilities District with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8 of the Act, to annually levy special taxes within the Annexed Territory to pay the costs of the services to be provided by t he Community Facilities District as specified in Resolution No. 2023-053 adopted by the City Council on September 5, 2023 (the “ Resolution of Intention to Annex”). The boundaries of the Annexed Territory are shown on the map entitled, “Annexation Map No. 8 Community Facilities District No. 2003-3 Improvement Area No. 8 of the City of Chino, County of San Bernardino, State of California,” a copy of which was recorded, on September 19, 2023 as Document No. 2023 -0231852, in Book 91 of Maps of Assessment and Community Facilities Districts at Page 28, in the office of the San Bernardino County Recorder.

Section 5. Notice of Special Tax Lien . Pursuant to Section 53339.8 of the Act and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the Community Facilities District reflecting the Annexed Territory.

Section 6. Effect. This resolution shall take effect from and after its adoption.

PASSED AND ADOPTED by the City Council at a regular meeting held on the 17th day of October, 2023.

153

3 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

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

NATALIE GONZAGA, CITY CLERK
Attachments: Exhibit A

154

A-1

EXHIBIT A

SAMPLE BALLOT

SPECIAL TAX ELECTION

CITY OF CHINO

ANNEXATION OF TERRITORY TO
IMPROVEMENT AREA 5 OF
COMMUNITY FACILITIES DISTRICT NO. 2003-3
(ANNEXATION NO. 8)

(October 17, 2023)
This ballot represents __ votes.

If you wrongly mark, tear or deface this ballot, return it to the City Clerk of City of Chino and obtain another.

PROPOSITION: Shall the territory described in Resolution No. 2023 -053 of the Cit y Council of the City of Chino (the “Resolution of Intention to Annex”) as the Proposed Annexation Area be annexed to Improvement Area 5 of Community Facilities District No. 2003-3 of the City of Chino, and shall a special tax with a rate and method of apportionment as provided in Exhibit C to the Resolution of Intention to Annex for Improvement Area 5 of Community Facilities District No. 2003 -3 be levied in the Proposed Annexation Area to pay for the Services and other purposes described in the Resolution of Intention to Annex?

YES______
NO_______

155
156

MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT
..titl e
Issuance of Bonds Community Facilities District 2021-1. ..end

RECOMMENDATION
..recommendation
1) Adopt Resolution No. 202 3-064 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 20 21-1 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.

..body

FISCAL IMPACT
1) The Preliminary Official Statement relates to limited obligation special tax bonds (the “Bonds”) of the District. The Bonds will be special obligations of the District, payable solely from special taxes levied on the taxable property within Community Facilities District No.20 21-1, and amounts held by the Fiscal Agent under the Fiscal Agent Agreement. There are no City of Chino funds pledged to the repayment of the Bonds; and 2) there is no financial impact to the City in the approval of the Bond Counsel Agreement as the cost is paid from the bond proceed when the bonds are issued.

 Financial Stability
 Responsible Long-Range Planning

Revenue:

Expenditure:
157
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: ADOPT RESOLUTION 2023-064 FOR THE ISSUANCE OF BONDS FOR COMMUNITY FACILITIES DISTRICT (CFD) 2021-1.

PAGE: 2

Transfer In: Transfer Out:
158
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: ADOPT RESOLUTION 2023-064 FOR THE ISSUANCE OF BONDS FOR COMMUNITY FACILITIES DISTRICT (CFD) 2021-1.

PAGE: 3

BACKGROUND
KB Homes (KB ) is the developer of this project located in The Preserve. KB is currently developing their land with residential units. As part of the development of The Preserve, the City of Chino is requiring KB to build the necessary public infrastructure to serve th e residents and businesses of the new project area. In order to help KB finance the cost of the required infrastructure improvements, the City has formed Community Facilities District (CFD) No. 20 21-

1. On April 20, 2021 , the City Council adopted Resolution No. 2021-024, establishing CFD No. 2021-1 and authoriz ing the Levy of Special Taxes. In addition, the City Council adopted Resolution No. 2021-025, declaring the City of Chino’s Intention to Incur Bonded Indebtedness for the proposed CFD No. 2021-1.

KB is now ready for the District to issue special tax bonds for the District pursuant to the terms of the Bond Documents to finance the infrastructure cost relating to the Project. CFD No. 2021- 1, consists of 168 homes ranging from 1,677 to 2,354 square feet. (see attached map).

ISSUES/ANALYSIS
Staff has retained Urban Futures as the City’s financial advisor; Raymond James, as the underwriter; Webb Municipal Finance as the special tax consultant; BTI Appra isal as the appraiser; BNY Mellon as the fiscal agent; and the law firm of Stradling, Yocca, Carlson & Rauth as bond and disclosure counsel. The financing team has prepared the necessary documents to implement the issuance of the special tax bonds of Community Facilities District No. 2021-1.

The following documents have been prepared for the District’s approval and are available for review in the Finance Department:

1. Resolution No. 2023-064 of the City Council of the City of Chino, acting as the legislative body of Community Facilities District No. 20 21-1, of the City of Chino, authorizing the preparation and distribution of a Preliminary Official Statement for the District, appointing a Fiscal Agent, and taking certain other actions in connection therewith;

2. The Preliminary Official Statement (P.O.S.) will serve as the District’s disclosure document, which summarizes the legal documents and discloses relevant financial and demographic information relating to the District. The underwriter will use the P.O.S. to generate investor interest in the Bonds;

3. The Fiscal Agent Agreement pursuant to which the Bonds will be issued and which establishes the District’s obligations and the Bondholder’s rights concerning the payment of the Bonds and the an nual special tax levy and collection within the District;

4. Bond Purchase Agreement that will serve as the commitment by the underwriter to purchase the Bonds and the commitment by the District to sell the Bonds on the closing date to the underwriter, on the terms contained therein; and

5. Continuing Disclosure Agreement that will serve as the District’s obligation to provide certain annual data regarding the District and its special tax levy and annual report, and 159
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: ADOPT RESOLUTION 2023-064 FOR THE ISSUANCE OF BONDS FOR COMMUNITY FACILITIES DISTRICT (CFD) 2021-1.

PAGE: 4

to provide notice of certain events reg arding the District to Bond investors and the marketplace; and

6. Appraisal Report is intended to be used to assist bond purchasers in reviewing the asset value of the subject properties.

As referred to above, the City uses the services of Stradling Yo cca Carlson & Rauth for Bond Counsel services and Disclosure Counsel services. The fee for these services is $50,000 and $25,000 respectively. This cost is paid from the bond proceeds at the time the bonds are issued.

If bonds are not issued, Stradling Yocca Carlson & Rauth receives no fee.

Copies of these documents are available for review in the Finance Department. It is anticipated the Bonds will be sold and closed by the end of November 2023.

RB:hm

Attachment: Resolution No. 2023-064
Boundary Map
Bond Council Agreement

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1 RESOLUTION NO. 2023-064

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021 -1 (APPESETCHE) OF THE CITY OF CHINO, AUTH ORIZING THE ISSUANCE OF ITS 2023 SPECIAL TAX

BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$10,000,000 AND APPROVING CERTAIN DOCUMENTS AND TAKING

CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
WHEREAS, the City Council (the “City C ouncil,” and sometimes referred to as the “legislative body of the District”) of the City of Chino, California (the “City ”), located in San Bernardino County, California , has heretofore undertaken proceedings and declared the necessity to issue bonds by Community Facilities District No. 2021-1 (Appesetche) of the City of Chino (the “District”) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Governmen t Code of the State of California (the “Act”); and
WHEREAS, pursuant to a resolution adopted by the District on April 20, 2021, a bond proposition was submitted to the qualified electors within the District and was approved by more than two-thirds of the votes cast at the election held within the District of the District on April 20, 2021; and
WHEREAS, based upon the aforesaid resolution s and election s, the District is now authorized pursuant to the Act to issue bonds in an aggregate principal amount not t o exceed $10,000,000; and
WHEREAS, the District expects to issue bonds in an aggregate principal amount not to exceed $10,000,000; and
WHEREAS, in order to effect the issuance of bonds in an aggregate principal amount not to exceed $10,000,000 to be designated as the “ Community Facilities District No. 2021 -1 (Appesetche) of the City of Chino 2023 Special Tax Bonds” (the “Bonds”), the legislative body of the District desires to approve the forms, and authorize the execution and delivery, of a Fiscal Agent Agreement, a Continuing Disclosure Agreement and a Bond Purchase Agreement for the Bonds; and
WHEREAS, in accordance with Government Code Section 53360.4, the legislative body of the District determines that a negotiated sale of the Bonds to Raymond James & Associates, Inc. (the “Underwriter”) in accordance with the terms of the Bond Purchase Agreement for the Bonds to be entered into by the District and the Underwriter (the “ Bond Purchase Agreement”) will result in a lower overall cost to the District than a public sale; and WHEREAS, the legislative body of the District determines that it is prudent in the management of its fiscal affairs to issue the Bonds; and WHEREAS, pursuant to Section 53345.8 of the Act and the District’s Local Goals and Policies, unless the bonds are escrowed or otherwise credit enhanced, the District may sell bonds if the legislative body of the District determines prior to the award of the sale of such bonds that the value of the real property that would be subject to the specia l tax to pay debt service on the bonds will be at least four (4) times the principal amount of the bonds to be sold and the principal 161
2 amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on taxable property within the District; and WHEREAS, the District desires to approve and authorize the distribution of a Preliminary Official Statement (the “Preliminary Official Statement”) and a final Official Statement (the “Official Statement”) in connection with the Bonds; and
WHEREAS, in accordance with the requirements of Section 53345.8 of the Act and the policies of the City, the legislative body of the District shall determine that the value of the real property in the District subject to the special tax to pay debt service on the Bonds (the “Taxable Property”) be at least four (4) times the principal amount of the Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within the District; and WHEREAS, BTI Appraisal (the “Appraiser”), a state -certified real estate appraiser as defined in Section 11340 of the California Business and Professions Code, has prepared an appraisal report of the Taxable Property, titled “Appraisal Report for Community Facilities District No. 2021-1 of the City of Chino Covering Tract 20247” (the “Appraisal”); and WHEREAS, the Appraisal states that the appraised value of the Taxable Property within the District is $103,523,955, which is not less than four (4) times the sum of the maximum principal amount of the Bonds ($10,000,000) plus the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act on the Taxable Property or a special assessment levied on the Taxable Property ($0); and
WHEREAS, set forth below are good faith estimates of Urban Futures Inc., the municipal advisor, as required under Section 5852.1 of the California Government Code (the “Code”). The following estimates have no bearing on, and should not be misconstr ued as, any not to exceed financial parameters authorized by this resolution.
(a) The true interest cost of the Bonds is estimated at 5.51% calculated as provided in Section 5852.1(a)(1)(A) of the Code.
(b) The finance charge of the Bonds, including all fe es and charges paid to third parties, is estimated at $380,030.
(c) Proceeds of the Bonds received by the District for the sale of the Bonds are equal to $6,244,541.69.
(d) The total payment amount calculated as provided in Section 5852.1(a)(1)(D) of the Code is estimated at $14,334,473.22.

The foregoing estimates and the final costs will depend on market conditions and can be expected to vary from the estimated amounts set forth above.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY

COUNCIL OF THE CITY OF CHINO, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-1 (APPESETCHE) OF THE CITY OF CHINO, AS FOLLOWS:

Section 1. Each of the above recitals is true and correct, as is each of the findings and determinations set forth therein, and each of said recitals, findings and determinations is adopted by the legislative body of the District.
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3 Section 2. The issuance of the Bonds in a n aggregate principal amount not to exceed $10,000,000 is hereby authorized; and the exact principal amount to be issued shall be determined by the officer signing the Bond Purchase Agreement in accordance with Section 5 below. The Bonds shall mature on the dates and bear interest at the rates set forth in the Bond Purchase Agreement to be executed on behalf of the District in accordance with Section 5 hereof.

The Bonds shall be governed by the terms and conditions of the Fiscal Agent Agreement between the District and The Bank of New York Mellon Trust Company, N.A. (the “Fiscal Agent”) dated as of November 1, 2023 (the “ Fiscal Agent Agreement ”). The Fiscal Agent Agreement shall be executed by one or more of the Mayor, City Manager or Director of Finance of the City (collectively, the “Authorized Officers”) and attested to by the City Clerk, substantially in the form presented at this meeting, with such additions thereto and changes therein as the officer or officers executing the same deem necessary (a) to cure any ambiguity or defect therein, if such addition or change does not materially alter the substance or content thereof, (b) to insert the offering price(s), interest rate(s), selling compensation, principal amount per maturity, redemption dates and prices and such other related t erms and provisions as limited by Section 4 hereof, or (c) to conform any provisions therein to the Bond Purchase Agreement or the Official Statement delivered to the purchasers of the Bonds. Approval of such changes shall be conclusively evidenced by the execution and delivery of the Fiscal Agent Agreement by one or more Authorized Officers. Capitalized terms used in this Resolution which are not defined herein have the meanings ascribed to them in the Fiscal Agent Agreement.

Section 3. The Bonds shall be executed on behalf of the District by the manual or facsimile signature of the Mayor and attested with the manual or facsimile signature of the City Clerk, and by the Fiscal Agent for the Bonds.

Section 4. The covenants set forth in the Fiscal Agent Agreement are hereby approved and shall be deemed to be covenants of the City Council, in its capacity as the legislative body of the District, and shall be complied with by the District and its officers.

Section 5. The form of the Bond Purchase Agreement presented at this me eting and the sale of the Bonds pursuant thereto are hereby approved, provided that the true interest cost on the Bonds does not exceed 6.25% and the discount at which the Underwriter purchases the Bonds (exclusive of original issue discount) does not exce ed 1.40% of the principal amount thereof. Any one of the Authorized Officers is hereby authorized to execute the Bond Purchase Agreement, with such additions thereto and changes therein as the officer executing it may approve, such approval to be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement. Each of the Mayor, or his designee, and the City Manager, or his designee, or the Director of Finance, or his designee, is authorized to determine the day on which the Bonds are to be priced in order to attempt to produce the lowest borrowing cost for the District and may reject any terms presented by the Underwriter if determined not to be in the best interest of the District.

Section 6. The form of the Continuing Disclosure Agreement presented at this meeting is hereby approved; and any one of the Authorized Officers is hereby authorized and directed to execute the Continuing Disclosure Agreement in the form hereby approved, with such additions therein and changes thereto as the Authorized Officer or Authorized Officers executing the same deem necessary to cure any defect or ambiguity therein if such change does not materially alter the substance or content thereof, with such approval to be conclusively evidenced by the execution and delivery of such Continuing Disclosure Agreement.

Section 7. The Preliminary Official Statement, in substantially the form presented to this meeting and made a part hereof is hereby approved, with such changes, insertions and 163
4 omissions therein as may be approved by an Authorized Officer, and the use of the Preliminary Official Statement in connection with the offering and sale of the Bonds is hereby authorized and approved. The Authorized Officers are each hereby authorized to certify on behalf of the District that the Preliminary Official Statement is deemed final as of its date, within the meaning of Rule 15c2-12 (except for the omission of certain final pricing, rating and related information as permitted by Rule 15c2-12).

Section 8. The preparation and delivery of the Official State ment, and its use in connection with the offering and sale of the Bonds is hereby authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement, with such changes, insertions and omissions as may be approved by an Authorized Officer, such approval to be conclusively evidenced by the execution and delivery thereof. Each of the Authorized Officers is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of t he District, to execute the final Official Statement and any amendment or supplement thereto.

Section 9. The Director of Finance , or his designee, is authorized to provide for all services necessary to effect the issuance of the Bonds. Such services shall include, bu t not be limited to, obtaining legal services, fiscal agent services and any other services deemed appropriate by the Director of Finance, or his designee. The Director of Finance, or his designee, is authorized to pay for the cost of such services, toget her with other costs of issuance for the Bonds from the proceeds of the Bonds.

Section 10. The Mayor, City Manager, Director of Finance and the officers and staff of the City and the District who are responsible for the fiscal affairs of the District are hereby authorized and directed to take any actions and to execute and deliver any and all documents as are necessary to accomplish the issuance, sale and delivery of the Bonds in accordance with the provisions of this Resolution and the fulfillment of the purposes of the Bonds as described in the Fiscal Agent Agreement. Any document authorized herein to be signed by the City Clerk may be signed by a duly-appointed deputy city clerk or assistant city clerk. 164
5 PASSED AND ADOPTED by the City Council at a regular meeting held on the 17th day of October 2023.

CITY COUNCIL OF THE CITY OF CHINO

By:_______________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Natalie Gonzaga
City Clerk of the City of Chino

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6 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 17th day of October 2023, by the following votes:

AYES: COUNCIL MEMBERS

NOES: COUNCIL MEMBERS

ABSENT: COUNCIL MEMBERS

NATALIE GONZAGA, CITY CLERK

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BOND COUNSEL AGREEMENT
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (APPESETCHE)
OF THE CITY OF CHINO 2023 SPECIAL TAX BONDS

THIS AGREEMENT, made as of this 17th day of October, 2023, by and between the CITY OF CHINO, a public body organized and existing under the laws of the State of California (herein the “City”) and STRADLING YOCCA CARLSON & RAUTH, a professional corporation (herein “Bond Counsel”):

R E C I T A L S :

A. The City desires to issues bonds of Community Facilities Dist rict No. 2021 -1 (Appesetche) of the City of Chino (the “District”) formed pursuant to the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 of Division 2, Title 5 (commencing at Section 55312) of the Government Code of the State of California, to fi nance the acquisition and construction of certain capital improvements for the District; and
B. The City desires to retain Bond Counsel to do the necessary legal work hereinafter outlined, upon the terms and conditions hereinafter set forth, for financing the acquisition and construction of said capital improvements, and to act as disclosure counsel (“Disclosure Counsel”) upon the terms described below; and
C. Bond Counsel represents that it is ready, willing and able to perform said legal work; NOW, THEREFORE, in consideration of the premises, and of the mutual covenants, terms and conditions herein contained, the parties agree as follows:

I. Bond Counsel Services

1. The City retains Bond Counsel to provide and Bond Counsel will provide legal services in connect ion with the issuance of bonds by the District in connection with the financing described above (hereinafter called “Bonds”).

The work shall include for the District, but not be limited to, the drafting of all resolutions, notices and documents relating t o the issuance of Bonds and the rendering of a legal opinion (hereinafter called “the opinion”) pertaining to the issuing of the Bonds to the effect that:
(a) The Bonds have been properly authorized and issued and are valid and binding obligations;
(b) The essential sources of security for the Bonds have been legally provided; (c) All interest on the Bonds is exempt from federal and State income taxation; and
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Bond Counsel’s services will also include compiling a sufficient record justifying the opinion by:
(a) Researching applicable laws relating to the proposed Bond issue; (b) Participating with any financial advisors, underwriters or other experts retained by the City in structuring the issuance of the Bonds; (c) Supervising and preparing documentation of all steps to be taken through the issuance of the Bonds including:
(i) Assisting in planning of the financing schedule;
(ii) Drafting all resolutions, notices, trust agreements, and other legal documents required for the financing, and all other basic documents relating to the security of the Bonds, in consultation with City, its counsel, financial advisors, underwriters and other experts; (iii) Assisting in the preparation of the official statement and supporting documentation relating to the offering for sale of the Bonds; (iv) Reviewing the bond purchase contract and participating in the related negotiations;
(v) Attending informational meetings and other conferences scheduled by the City, the financial advisors or the underwriter;
(vi) Consulting with prospective purchasers, their legal counsel and rating agencies, if any;
(vii) Consulting with counsel to City concerning any legislation or litigation during the course of the financing;
(viii) Consulting with the trustee, if any, and counsel to the trustee; (ix) Preparing the form of the Bonds, and supervi sing their production or printing, signing, authentication and delivery;
(x) Rendering the final approving opinion as to the validity of the Bonds for use and distribution upon their issuance; and
(xi) Preparing transcripts of the proceedings.

2. City agrees to accept and Bond Counsel agrees to provide the aforementioned services primarily through Bradley R. Neal, Nick Yeager and Carol Lew.

3. For the services to be rendered, the City agrees to pay a fee of $50,000. Said fee shall be paid upon the successful sale of the Bonds to which it relates and shall be payable from the Bond proceeds.
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4. In the event Bond Counsel is requested to perform additional work outside of its services as Bond Counsel, such as registration of the Bonds in States other than California (Blue Sky), litigation or other work, Bond Counsel will be paid additional compensation therefor at the customary hourly rate of the attorney performing such services; provided, however, there shall be no additional compensation due Bond Counsel under this paragraph without the prior approval of City.

5. In addition to the foregoing, Bond Counsel shall be reimbursed by City for the actual cost, excluding any indirect cost, such as Bond Counsel’s overhead, of any out -of-pocket expenses reasonably incurred by Bond Counsel in the course of this employment, such as reproduction and printing costs, filing fees, express mail, long distance telephone calls, travel, messenger services and other document delivery services, and similar items of expense incurred by Bond Counsel. S aid costs will be paid at closing based upon the estimated costs incurred to date of closing and to be incurred after closing. In the event Bonds are not issued and the proceedings are abandoned, the above costs shall be paid following the abandonment. N otwithstanding the foregoing, such costs shall not exceed $3,000.

6. It is recognized by the parties that Bond Counsel may, from time to time, have clients with interests adverse to City. Bond Counsel reserves the right to represent said clients except on matters relating to the issuance and sale of the Bonds.

7. As a matter of disclosure required by State Law, Bond Counsel hereby represents that it carries malpractice insurance.

II. Disclosure Counsel Services

1. Scope of Services
City hereby retains Disclosure Counsel to act as disclosure counsel in connection with the issuance of the Bonds. Disclosure Counsel will: (1) prepare the Preliminary Official Statement, final Official Statement and Continuing Disclosure Agreement for the Bonds, (2) render to the City and Raymond James & Associates, Inc. (the “Underwriter”) as the purchaser of the Bonds an opinion to the effect that (a) the Bonds are exempt from the registration requirements of the Securities Act of 1933, as amended, and the Bond Indenture i s exempt from qualification under the Trust Indenture Act of 1939, as amended, and (b) based upon the information made available to Disclosure Counsel in the course of its participation in the preparation of the Official Statement and without having undertaken to determine independently or assuming any responsibility for the accuracy, completeness or fairness of the statements contained in the Official Statement, but based on the basis of its participation in conferences with representatives of the City, the City Attorney, the Underwriter and others, and its examination of certain documents, nothing has come to its attention which would lead it to believe that the Official Statement, as of its date and as of the date of issuance of the Bonds, contained any u ntrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading (except that no opinion or belief nee d be expressed as to any appendices and any other financial and statistical data contained in the Official Statement); and (3) attend meetings with City staff, the Underwriter or other experts retained by City in structuring the sale, execution and delivery of the Bonds;
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2. Special Services
Special Services are defined as services in addition to the scope of the services defined in Section II(1) under Disclosure Counsel Services. Special Services will include, but not be limited to, services rendered after th e issuance of the Bonds, such as work related to future disclosure service; litigation; amendment of bond documents or agreements; and special studies or analyses. Special Services shall be undertaken only at the request of the City Manager.

3. Contract Administration
This contract shall be administered by the City Manager or his designee. The City Manager, or his designee, will provide overall coordination and guidance of the services to be performed hereunder and will address policy issues as necessary and appropriate.

4. Assignment of Named Individuals
City agrees to accept, and Disclosure Counsel agrees to provide, the aforementioned services primarily through Bradley R. Neal. City reserves the right to review and approve all staff changes proposed by Discl osure Counsel which will affect key personnel and positions assigned to provide services to City under this Agreement. City’s approval of such staff changes shall not be unreasonably withheld.

5. Compensation
(a) For the services to be rendered under Section II( 1) of Disclosure Counsel Services, City agrees to pay Disclosure Counsel for each series a fee of $25,000.
(b) For the satisfactory performance of the Special Services specified in Section (2) of Disclosure Counsel Services, City shall pay Disclosure Counsel as compensation a fee based upon the actual hours spent by Disclosure Counsel. Rates for Special Services of Disclosure Counsel shall be paid by City in accordance with Exhibit A attached hereto and incorporated herein. (c) All fees to be paid to Disclosure Co unsel by City for services rendered under Section II(a) of Disclosure Counsel Services are to be billed upon the sale, execution and delivery of the series of Bonds to which it relates and will be payable from Bond proceeds.
(d) In addition to the fees set f orth in (a) and (b) above, Disclosure Counsel shall be reimbursed by City for the actual cost of any out -of-pocket expenses reasonably incurred by Disclosure Counsel in the course of its employment, such as document reproduction, overnight delivery and mes senger charges, telecommunications charges, printing costs, filing fees, long -distance telephone calls, travel at the request of City, and similar items of expense incurred by Disclosure Counsel with respect to third parties who are not parties to this Agr eement. The expenses shall be paid from Bond proceeds, unless the sale of the Bonds is abandoned in which case, expenses shall be paid by City following abandonment of the issuance of the Bonds. 171

5 4871-5945-9374v2/022141-0044

6. Notices
All notices and required reports shall be written an d hand-delivered or mailed by first class, postage prepaid, addressed to City or Bond/Disclosure Counsel at the addresses below, or at any other address City or Bond/Disclosure Counsel shall provide in writing to each other:
(a) If to City:

City of Chino
City Manager
13220 Central Avenue
Chino, CA 91710
(b) If to Bond/Disclosure Counsel:

Bradley R. Neal, Esq.

Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660-6441

7. Assignment
(a) No part of this Agreement or any right or obligation arising from it is assignable without City’s written consent.
(b) Any attempt by Bond/Disclosure Counsel to assign or subcontract services relating to this Agreement without City’s consent shall constitute a material breach of this Agreement.
(c) However, Bond/Disclosure Counsel may retain consultants and experts as Bond/Disclosure Counsel deems appropriate after receiving City’s written approval.

8. Consent to Other Representations
Disclosure Counsel and Bond Counsel have advised City that Disclosure Couns el and Bond Counsel act as legal counsel to the Underwriter on matters unrelated to the Bonds. City hereby consents to Disclosure Counsel’s and Bond Counsel’s representation of (a) the Underwriter on financings other than the Bonds; and (b) other underwri ters who may be engaged by City from time to time (but not in matters related to any financing in which Bond/Disclosure Counsel has been retained by City or in matters adverse to City). City acknowledges that Disclosure Counsel and Bond Counsel are providing notice of their representation of the Underwriter pursuant to Rule 3 -310 of the California Rules of Professional Conduct.

9. Termination
This Agreement may be terminated without cause by City or Bond/Disclosure Counsel upon thirty (30) days’ advance writt en notice to the other party or may be terminated immediately by City upon determination of non -compliance by Bond/Disclosure Counsel with the terms of this 172

6 4871-5945-9374v2/022141-0044
Agreement. Such notification shall state the effective date of the termination of this Agreement a nd, if done by City for cause, shall state the reason(s) for the termination.

Upon receiving a notice of termination, Bond/Disclosure Counsel shall take immediate steps to reduce the incurrence of costs. Bond/Disclosure Counsel shall be entitled to paymen t for all satisfactory work performed and all uncancellable obligations allowable under the terms of this Agreement incurred up to the effective date of termination in an amount based on the hourly rates set forth in Exhibit A, but, not to exceed the amoun t allowable under this Agreement. In addition, all documents and materials relating to this Agreement, produced by Bond/Disclosure Counsel, and/or obtained by it or on behalf of City shall, at the option of City, become the property of City.

10. Complete Agreement
This Agreement shall constitute the complete and exclusive statement of understanding between City and Bond Counsel and Disclosure Counsel which supersedes all previous written or oral agreements, and all prior communications between the parties. 173

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IN WITNESS WHEREOF, as of the date first hereinabove written, City has caused this instrument to be executed by the City Manager and the City Clerk of the City of Chino, and Bond Counsel and Disclosure Counsel have caused this instrument to be executed on it s behalf and in its name by an authorized officer of Bond/Disclosure Counsel.

CITY OF CHINO

By:

City Manager of the City of Chino
ATTEST:

City Clerk of the City of Chino

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

_______________________________ ___________________________________________ City Attorney of the City of Chino Director of Finance of the City of Chino

STRADLING YOCCA CARLSON & RAUTH,
a Professional Corporation

By:

Bradley R. Neal

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A-1
4871-5945-9374v2/022141-0044

EXHIBIT A

RATES FOR SPECIAL SERVICES

Shareholders $550.00
Associates $290.00
Paralegals $170.00

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MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Approve an amendment to the reimbursement agreement with LS College Park, LLC for the design/construction of public improvements on Edison Avenue between Central to Oaks Avenues in the amount of $1,292,860 for a total contract amount not to exceed $13,700,000. ..end

RECOMMENDATION
..recommendation
1) Appropriate $342,463 to Fund 328 Measure I Arterial Subprogram with a corresponding revenue reimbursement increase retroactive to FY22-23; 2) appropriate $1,657,537 to Fund 328 Measure I Arterial Subprogram with a corresponding revenue reimbursement increase for FY23- 24; 3) appropriate $3,269,000 to the Transportation Fund with a corresponding year end transfer from the Citywide Transportation Development Impact Fee Fund 220 for FY23 -24; 4) increase the budget for ST163 by the additional appropriations lis ted above: $342,463 for FY22-23 for a revised reimbursement agreement budget of $8,773,463 and $4,926,537 for FY23-24 for a total revised agreement budget of $13,700,000; 5) approve an amendment to the reimbursement agreement 2017-152 with LS College Park, LLC. for the design/construction of public improvements on Edison Ave between Central and Oaks Avenues in the amount of $1,292,860 for a total reimbursement agreement of $13,700,000; and 6) authorize the City Manager to execute all the necessary documents of behalf of the City. ..body

FISCAL IMPACT
Requires the following additional appropriations of expenditures and or revenues to the following Funds: $342,463 to Fund 328, expense and revenue reimbursement for FY22 -23; $1,657,537 to Fund 328, expense and revenue reimbursement for FY23-24; $3,269,000 to Fund 320, expense and revenue with a corresponding year end transfer from the Citywide Transportation Development Impact Fee Fund 220. There is sufficient balance in Fund 220 for the year end transfer of $3,269,000 and the Fund 328 will be reimbursed from Measure I Capital Project Needs Analysis (CPNA) through the San Bernardino County Transportation Authority (SBCTA). There is no fiscal impact to the General Fund with the approval of this amendment.

Successor Agency funds released by the State of California Department of Finance to the City of Chino have been exhausted and were not sufficient to cover the recent reimbursement submittal from the developer for Fiscal Year 2022 -23. The City will off set the remaining project costs with Measure I CPNA funds and the Citywide Circulation (Streets, Signals, & Bridges) Development Impact Fee program.

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:
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CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE A REIMBURSEMENT AGREEMENT AMENDMENT WITH LS COLLEGE

PARK, LLC FOR THE DESIGN/CONSTRUCTION OF PUBLIC IMPROVEMENTS ON EDISON AVENUE BETWEEN CENTRAL TO OAKS AVENUES IN THE AMOUNT OF $1,292,860 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $13,700,000.

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 Positive City Image
 Financial Stability
 Responsible Long-Range Planning

Revenue: 3287103-59355-ST163

Expenditure: 3287103/32070100-40010-ST163
Transfer In: 3201000-50000 Transfer Out: 2201000-40001 177
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE A REIMBURSEMENT AGREEMENT AMENDMENT WITH LS COLLEGE

PARK, LLC FOR THE DESIGN/CONSTRUCTION OF PUBLIC IMPROVEMENTS ON EDISON AVENUE BETWEEN CENTRAL TO OAKS AVENUES IN THE AMOUNT OF $1,292,860 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $13,700,000.

PAGE: 3

BACKGROUND
On September 7, 2004, the City of Chino entered into the College Park Development Agreement (“Development Agreement”) with SCC/College Park, LLC (“SunCal”), the City of Chino Redevelopment Agency, and the State of California. Subsequently, SunCal filed for bankruptcy and the rights and interests to the Development Agreement were transferred with the sale of the property to LS College Park, LLC (developer).

The Development Agreement outlines the various terms and conditions associated with constructing public improvements within and surrounding the College Park Specific Plan area.

These public improvements include the ultimate street wideni ng of Edison Avenue adjacent to Ayala Park, from Central Avenue to Oaks Avenue, and other associated improvements such as the construction of a master -planned storm drain, a recycled water main, and traffic signal modifications at the Central/Edison Avenue intersection (collectively referred to as the “Edison Avenue Improvements”).

On August 2, 2016, the City, as Successor Agency to the Redevelopment Agency (RDA), and the developer entered into a reimbursement agreement for the Edison Avenue Improvements for a not exceed amount of $8,431,000. Shortly thereafter, the developer began the preliminary field activities in preparation to begin the design and construction of the Edison Avenue Improvements. The developer was able to complete the construction of the recycled water main improvements on Edison Avenue fairly quickly; however, during the construction of the storm drain, the contractor encountered an obstruction at the Edison crossing, which resulted in significant construction delays.

In 2021, the develop er formally bid the landscape, street improvements, traffic signal modifications, interconnect, and the remaining storm drain work. Upon the developer bidding the remaining work, it was discovered that the costs associated with the perimeter landscape, sidewalk, relocation of trees, and a marquee at and around Ayala Park, were not included in the reimbursement agreement’s original cost estimate. As a result, the City Council approved an amendment to the reimbursement agreement in the amount of $3,976,140 fo r the additional work for a total estimated project cost of $12,407,140.

Currently, staff and the developer are closely monitoring the project due to the intricacy of this project and the increasing construction costs exacerbated by supply chain issues, in flation, and labor shortages. It is critical that staff respond swiftly to these changes to ensure the timely delivery of the required public improvements. Based on staff’s more recent cost projections, an additional $1,292,860 is necessary to cover unanti cipated costs associated with the required drainage improvements and other miscellaneous project related field change order work. These additional costs necessitate an amendment to the existing reimbursement agreement, bringing the total estimated project cost to $13,700,000 as shown below.

178
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE A REIMBURSEMENT AGREEMENT AMENDMENT WITH LS COLLEGE

PARK, LLC FOR THE DESIGN/CONSTRUCTION OF PUBLIC IMPROVEMENTS ON EDISON AVENUE BETWEEN CENTRAL TO OAKS AVENUES IN THE AMOUNT OF $1,292,860 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $13,700,000.

PAGE: 4

ISSUES/ANALYSIS
The Edison Avenue Improvements are payable by the City to the developer in incremental payments for the costs incurred in connection with the public improvements. Pursuant to the Development Agreement, the Edison Avenue Improvements are eligible for reimbursement by the Successor Agency (the City of Chino). The Edison Avenue improvements have been listed on each of the City’s Recognized Obligation Payment Schedules (ROPS) and have been approved by the State of California Department of Finance as an enforceable obligation. Thus far, the City has paid the developer a total of $8,431,000 through the ROPS program. The Successor Agency funds released by the State of Calif ornia Department of Finance to the City have been exhausted and were not sufficient to cover the most recent reimbursement submittal from the developer for Fiscal Year 2022 -23 as shown in the table below. The City will offset the remaining project costs fo r the Edison Avenue Improvements with Measure I CPNA funds and the Citywide Circulation (Streets, Signals, & Bridges) DIF program moving into the future.

Therefore, it is staff’s recommendation to the City Council to approve an amendment to the reimbursement agreement with LS College Park, LLC for public improvements on Edison Avenue from Central Avenue to Oaks Avenue in the amount of $1,292,860 for a total amount not to exceed $13,700,000.

Attachments:

Reimbursement Agreement
Amendment No. 1
Amendment No. 2

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180
181
182
183
184
185
186
187
188
189
190
191
192

Page 1 of 4 ends

01225.0006/475436.1

Contract No.: 2017152 A2
Approved:

SECOND AMENDMENT
TO

REIMBURSEMENT AGREEMENT
FOR

EDISON AVENUE IMPROVEMENTS

THIS SECOND AMENDMENT TO REIMBURSEMENT AGREEMENT FOR EDISON AVENUE IMPROVEMENTS (“Amendment No. 2”) is made and entered into thi s 3rd day of October 2023 (“Effective Date”) , by and between the CITY OF CHINO, AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHINO, a public body, corporate and politic, hereinafter called (“Successor Agency”) and L.S. COLLEGE PARK, LLC, a Delaware limited liability company (“Developer”). Successor Agency and Developer are hereinafter referred to individually as “Party” and hereinafter referred to collectively as the “Parties.”

RECITALS

WHEREAS, On September 7, 2004, the City of Chino entered into the College Park Development Agreement (“Development Agreement”) with SCC/College Park, LLC, the City of Chino Redevelopment Agency, and the State of California; and

WHEREAS, SCC/College Park, LLC file d for bankruptcy and the rights and interests to the Development Agreement were transferred with the sale of the property to Developer; and

WHEREAS, Development Agreement outlines the various terms and conditions associated with constructing public impro vements within and surrounding the College Park Specific Plan area. These public improvements include the ultimate street widening of Edison Avenue adjacent to Ayala Park, from Central Avenue to Oaks Avenue, and other associated improvements such as the co nstruction of a master -planned storm drain, a recycled water main, and traffic signal modifications at the Central/Edison Avenue intersection (collectively referred to as the “Edison Avenue Improvements”); and

WHEREAS, On August 2, 2016, the Successor Ag ency and Developer entered into a reimbursement agreement for the Edison Avenue Improvements for a not exceed amount of $8,431,000; and

WHEREAS, Developer began the preliminary field activities in preparation to begin the design and construction of the Edison Avenue Improvements; and

193

Page 2 of 4 ends

01225.0006/475436.1
WHEREAS, developer completed the bidding for the remaining Edison Avenue Improvements, which exceeds the original not to exceed amount by $3,976,140; and

WHEREAS, On July 20, 2021, the Successor Agency and Developer entere d into an Amendment No. 1 for the remaining Edison Avenue Improvements in the amount of $12,407,140; and

WHEREAS, currently, Successor Agency and the Developer are closely monitoring the Edison Avenue Improvements due to the increasing construction costs exacerbated by supply chain issues, inflation, and labor shortages; and
WHEREAS, it is critical that Successor Agency respond swiftly to these changes to ensure the timely delivery of the required Edison Avenue Improvements; and WHERAS, based on Successor Agency ’s more recent cost projections, an additional $1,292,860 is necessary to cover unanticipated costs associated with the required drainage improvements and other miscellaneous project related field change order work for the Edison Avenue Improvements; and
WHEREAS, these additional costs necessitate an amendment to the existing reimbursement agreement, bringing the total estimated project cost to $13,700,000.

TERMS

NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

1. CONTRACT CHANGES.

(a) Section 2 of the Agreement is hereby replaced in its entirety with:

Reimbursement. Developer shall complete all work incidental to the construction and/or installation of the Edison Avenue Public Improvements according to the specifications of the City of Chino. Construction of the Edison Avenue Public Improvements shall be competed under the inspection and to the satisfaction, of the City Engineer, and any change orders shall be approved by the City Engineer. Th e costs to construct the Edison Avenue Public Improvements is estimated to be Thirteen Million Seven Hundred Thousand Dollars ($ 13,700,000). Developer shall be reimbursed for the actual costs Developer incurs to construct the Edison Avenue Public Improvements pursuant to the procedure set forth in Section 4 below.

(b) Section 5 of the Agreement is hereby replaced in its entirety with:

Source of Funds for Reimbursement . Developer shall look to the Cash Portion, RPTTF Portion, and other funds from RPTTF with respect to Successor Agency’s reimbursement obligations pursuant to this Agreement.

If the abovementioned funds are not made available to the Successor 194

Page 3 of 4 ends

01225.0006/475436.1
Agency to rei mburse Developer , the City may offset the additional costs through the Measure I Five -Year Capital Project Needs Analysis funds and the Citywide Transportation Development Impact Fee program as applicable.

2. WARRANTY RE ABSENCE OF DEFAULTS. D eveloper represents and warrants to Successor Agency that, as of the Effective Date of this Amendment No. 2, Successor Agency 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 o f notice, or both, would constitute a material default under the Agreement by the Successor Agency.

3. CONTINUING EFFECT OF AGREEMENT. Except as amended by this Amendment No. 2, 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.

4. COUNTERPARTS. This Amendment No. 2 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.

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

[SIGNATURES ON FOLLOWING PAGE]

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Page 4 of 4 ends

01225.0006/475436.1

IN WITNESS WHEREOF, SUCCESSOR AGENCY has caused this Amendment No. 2 to be executed in its behalf by its City Manager and duly attested by its City Clerk, and Developer has executed this Amendment No. 2, as of this day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Fred Galante, City Attorney Warren Morelion, AICP
Interim Director of Development Services

L.S. COLLEGE PARK, LLC:

Dated: By:
(Signature)
Name:
(Please Print or Type Name)

CITY OF CHINO

Dated:

Linda Reich, City Manager

ATTEST:

Natalie Gonzaga, City Clerk

196

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Purchase Order - M.K. Smith Chevrolet.
..end

RECOMMENDATION
..recommendation
1) Approve an additional appropriation of $22,200 from the unappropriated reserves of the Equipment Management Fund (660); 2) approve a purchase order to M.K. Smith Chevrolet, Chino, CA, in the amount of $421,531.04 for the purchase of two (2) Model Year 2023 Chevrolet Colorado, two (2) Model Year 2023 Chevrolet Express Vans, five (5) Model Year 2023 Chevrolet 1500 Regular Cab Pickup trucks for the Public Works Department, and one (1) Model Year 2023 Chevrolet Tahoe for the Police Department; 3) increase th e vendor cap for M.K.

Smith Chevrolet to $568,274.88; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

..body

FISCAL IMPACT
Additional appropriation of $22,200 is being requested to cover the unanticipated price increases from the original estimated FY 2023-24 adopted budget.

Revenue:

Expenditure: 6607400-48070, 66074001-48070-IE240
IE247
Transfer In: Transfer Out:
197
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE A PURCHASE ORDER IN THE AMOUNT OF $421,531.04 FOR (2) 2023 CHEVROLET COLORADOS, (2) 2023 CHEVROLET EXPRESS VANS, (5) 2023 CHEVROLET 1500 REGULAR CAB PICKUP TRUCKS FOR PUBLIC WORKS AND (1) 2023 CHEVROLET TAHOE FOR THE POLICE DEPARTMENT.

PAGE: 2

BACKGROUND
The Public Works Department’s Fleet Division is responsible for purchasing, maintaining, and replacing of all City-owned vehicles. When a vehicle is purchased, the vehicle is assigned a unit number and placed on a maintenance and eventual replacement schedule. The approved Fiscal Year 2023-2024 budget includes funds for the purchase of three (3) new vehicles (assigned to Public Works and the Police Department) to replace the following unit due to mechanical condition and depreciation:

Public Works
 Unit No. 014 2005 Chevrolet 2500 Cargo Van
 Unit No. 408 2007 Ford Ranger Truck

Police Department
 Unit No. 135 2014 Chevrolet Tahoe

Also, the approved Fiscal Year 2023 -2024 budget includes funds for the purchase of seven (7) new vehicles assigned to Public Works. These vehicles will be an addition to the City’s fleet.

Public Works
 Unit No. 324 Chevrolet Colorado Truck
 Unit No. 325 Chevrolet Colorado Truck
 Unit No. 019 Chevrolet Express Crew Van
 Unit No. 437 Chevrolet 1500 Regular Cab Truck
 Unit No. 438 Chevrolet 1500 Regular Cab Truck
 Unit No. 758 Chevrolet 1500 Regular Cab Truck
 Unit No. 759 Chevrolet 1500 Regular Cab Truck

ISSUES/ANALYSIS
Finance, with the assistance of Public Works, compiled specifications, and prepared bid packages for ten (10) vehicles to be ut ilized by the Police and Public Works Department. The selected vehicles and trucks were chosen to maintain consistency with the overall City’s existing fleet, the familiarity of the staff operating and providing mechanic services on the vehicles and trucks, and the availability of parts from local dealerships. On July 24, 2023, the bid notice was published on the City’s Planet Bids website and broadcasted to fifty-eight (58) dealerships.

On August 4, 2023, the City received the following bid results:

Chevrolet Colorado (2)

Dealership Name City Unit Price (2)

Tax & Fees
(2)

Total Cost for (2)
Vehicles

M.K. Smith Chevrolet Chino $ 68,282.68 $ 5,491.58 $ 73,774.26 198
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE A PURCHASE ORDER IN THE AMOUNT OF $421,531.04 FOR (2) 2023 CHEVROLET COLORADOS, (2) 2023 CHEVROLET EXPRESS VANS, (5) 2023 CHEVROLET 1500 REGULAR CAB PICKUP TRUCKS FOR PUBLIC WORKS AND (1) 2023 CHEVROLET TAHOE FOR THE POLICE DEPARTMENT.

PAGE: 3

Winner Chevrolet Elk Grove $ 73,510.00 $ 5,714.52 $ 79,224.52 UAG Cerritos Cerritos $ 85,037.76 $ 6,607.92 $ 91,645.68

Chevrolet Express Cargo Van (2)

Dealership Name City Unit Price (2)

Tax & Fees
(2)

Total Cost for
(2) Vehicles

M.K. Smith Chevrolet Chino $ 70,959.56 $ 57,00.04 $ 76,659.60 UAG Cerritos Cerritos $ 90,858.98 $ 7,059.08 $ 97,918.06

Chevrolet Regular Cab Long Bed (2)

Dealership Name City Unit Price (2)

Tax & Fees
(2)

Total Cost for
(2) Vehicles

M.K. Smith Chevrolet Chino $ 84,049.10 $ 6,716.48 $ 90,765.58 Transwest Truck
Center Fontana $ 97,311.78 $ 8,142.34 $ 105,454.12

Chevrolet Regular Cab Long Bed (3)

Dealership Name City Unit Price (3)

Tax & Fees
(3)

Total Cost for
(3) Vehicles

M.K. Smith Chevrolet Chino $ 119,188.62 $ 9,538.14 $ 128,726.76 Transwest Truck
Center Fontana $ 143,135.67 $ 11,994.03 $ 155,129.70

Chevrolet Tahoe (1)

Dealership Name City Unit Price

Tax and Fees

Total Cost for
Vehicle

M.K. Smith Chevrolet Chino $ 47,800.00 $ 3,804.84 $ 51,604.84 Winner Chevrolet Elk Grove $ 59,405.00 $ 4,612.64 $ 64,017.64

M.K. Smith Chevrolet, Chino, CA, has been thoroughly reviewed and deemed the lowest responsible and responsive bidder with a bid amount of $421,531.04. 199
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE A PURCHASE ORDER IN THE AMOUNT OF $421,531.04 FOR (2) 2023 CHEVROLET COLORADOS, (2) 2023 CHEVROLET EXPRESS VANS, (5) 2023 CHEVROLET 1500 REGULAR CAB PICKUP TRUCKS FOR PUBLIC WORKS AND (1) 2023 CHEVROLET TAHOE FOR THE POLICE DEPARTMENT.

PAGE: 4

Therefore, staff recommends that the City Council approve a purchase order to M.K . Smith Chevrolet, Chino, CA, in the amount of $390,279.96 plus sales tax and fees of $31,251.08, for a total amount not -to-exceed $421,531.04. An additional appropriation is requested to cover the unanticipated price increases from the original budget. St aff also recommends a vendor cap increase for M.K. Smith to $568,274.88. All supporting documents are on file with the City’s Finance Department’s Purchasing Division.

200

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Approve a Purchase Order to Fairview Ford Sales, Inc. for eleven (11) model year 2025 Ford Police Utility Interceptors for the Police Department.

..end

RECOMMENDATION
..recommendation
1) Approve an appropriation in the amount of $50,000 from the unappropriated reserves of the Equipment Management Fund; 2) approve a purchase order to Fairview Ford Sales, Inc., San Bernardino, CA, in the amount of $674,479.85 for the purchase of eleven (11) Model Year 2025 Ford Police Utility Interceptors for the Police Department; 3) increase the vendor cap for Fairview Ford Sales, Inc. to $750,991.37; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

..body

FISCAL IMPACT
Requires an appropriation of $50,000 from the unappropriated reserves of the Equipment Management fund for the replacement and outfitting cost of one (1) Police Patrol vehicle (Unit No. 558, a 2019 Ford Interceptor Utility) involved in an accident and totaled on April 13, 2023.

Revenue:

Expenditure: 6607400-48070, 66074001-48070-IE240
Transfer In: Transfer Out:
201
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE A PURCHASE ORDER TO FAIRVIEW FORD SALES, INC. IN THE AMOUNT OF $674,479.85 FOR ELEVEN (11) MODEL YEAR 2025 FORD POLICE UTILITY INTERCEPTORS FOR THE CHINO POLICE DEPARTMENT.

PAGE: 2

BACKGROUND
The Public Works Department’s Fleet Division is responsible for purchasing, maintaining, and replacing of all City-owned vehicles. When a vehicle is purchased, the vehicle is assigned a unit number and placed on a maintenance and eventual replacement schedule. The approved Fiscal Year 2023-2024 budget includes funds fo r the purchase of eleven (11) new vehicles (assigned to the Police Department) to replace the following units due to mechanical condition and depreciation:

Police Department
 Unit No. 558 2019 Ford Utility Interceptor (Traffic Accident)  Unit No. 561 2016 Ford Utility Interceptor
 Unit No. 560 2016 Ford Utility Interceptor
 Unit No. 566 2018 Ford Utility Interceptor
 Unit No. 570 2016 Ford Utility Interceptor
 Unit No. 571 2016 Ford Utility Interceptor
 Unit No. 576 2015 Ford Utility Interceptor
 Unit No. 597 2017 Ford Utility Interceptor
 Unit No. 599 2017 Ford Utility Interceptor

Additionally, the approved Fiscal Year 2023-2024 budget includes funds for the purchase of two (2) new vehicles assigned to the Police Department. These vehicles will be an addition to the City’s fleet.

Police Department
 Unit No. 548 Ford Utility Interceptor
 Unit No. 549 Ford Utility Interceptor

ISSUES/ANALYSIS
Finance, with the assistance of Public Works, compiled specifications, and prepared bid packages for eleven (11) vehicles to be utilized by the Police Department. The selected vehicles were identified to maintain consistency with the overall City’s existing fleet, the familiarity of the staff operating and providing mechanic services on the vehicles, and t he availability of parts from local dealerships. On July 24, 2023, the bid notice was published on the City’s Planet Bids website and broadcasted to fifty-eight (58) dealerships.

On August 4, 2023, the City received the following bid results:

Ford Utility Interceptor

Dealership Name City Total Price

Tax and Fees

Total Cost for
Vehicles

Fairview Ford San $ 625,878.00 $ 48,601.85 $ 674,479.85 202
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE A PURCHASE ORDER TO FAIRVIEW FORD SALES, INC. IN THE AMOUNT OF $674,479.85 FOR ELEVEN (11) MODEL YEAR 2025 FORD POLICE UTILITY INTERCEPTORS FOR THE CHINO POLICE DEPARTMENT.

PAGE: 3

Bernardino

Fairview Ford Sales, Inc., San Bernardino, CA, has been thoroughly reviewed and deemed the lowest responsible and responsive bidder with a bid amount of $ 674,479.85. Therefore, staff recommends that the City Council approve an appropriation in the amount of $50,000 from the unappropriated reserves of the Equipment Management Fund. Staff also recommends approving a purchase order to Fairview Ford Sales, Inc., San Bernardino, CA, in the amount of $625,878.00 plus sales tax and fees of $ 48,601.85, for a total purchase order amount not -to- exceed $674,479.85. Lastly, staff recommends a vendor cap i ncrease for Fairview Ford Sales, Inc. to $750,991.37. All supporting documents are on file with the City’s Finance Department’s Purchasing Division.

203

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: LINDA REICH, CITY MANAGER
FROM: JACKIE MELENDEZ, ASSISTANT CITY MANAGER

SUBJECT
..titl e
Vendor Cap Increase and Award of Contract - American Guard Services, Inc.

..end

RECOMMENDATION
..recommendation
1) Approve a vendor cap increase with American Guard Services, Inc. in the amount of $25,000 for a total not -to-exceed amount of $75,000 for services through October 31, 2023, 2) Award a new contract to American Guard Services, Inc., Los Angeles, CA in the amount of $157,200, 3) appropriate $37,200 from the unappropriated reserves of the General Fund, and 4) authorize the City Manager to execute the necessary documents on behalf of the City, and to approve up to two, one year contract extensions.

..body

FISCAL IMPACT
Requires an additional appropriation of $37,200 from the unappropriated reserves of the General Fund.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Public Service Excellence through Internal and External Partnerships  Commitment to our Community

Revenue:

Expenditure: 1002020-43650
Transfer In: Transfer Out:
204
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE A VENDOR CAP INCREASE IN THE AMOUNT OF $25,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $75,000 FOR PRIVATE SECURITY PATROL SERVICES AND AWARD A NEW CONTRACT FOR A TOTAL NOT -TO-EXCEED AMOUNT OF $157,200 TO AMERICAN GUARD SERVICES, INC.

PAGE: 2

BACKGROUND
On December 19, 2017, the City awarded a contract to American Guard Services, Inc. to address increases in criminal activity and quality of life issues in the areas surrounding City Hall and the general Civic Center. Through this contract, the City has rec eived crucial services to help maintain the safety of our community. Unarmed Security Guards currently patrol various city facilities and buildings, including City Hall, the Senior Center, and Carolyn Owens Community Center. An amendment to extend the term of the contract through October 31, 2023 for $50,000 was approved on July 2023. This extension allowed the City to formally release a Request for Proposal (RFP) and provided staff with sufficient time to review all proposals received, as the current contract term with American Guard Services, Inc. comes to an end.

For the City to continue to receive these crucial services through the end of the current contract term, staff recommends an increase in the vendor cap with American Guard Servies, Inc. by $25,000, for a new total vendor cap amount not -to-exceed $75,000. This will help cover additional costs incurred through October 31, 2023. This request requires no appropriation as the expenditures are within the adopted Fiscal Year 2023-2024 Operating Budget.

ISSUES/ANALYSIS
On July 24, 2023, the City formally released a Request for Proposals (RFP), which was published on PlanetBids for private security services. At closing on August 21, 2023, the City received 22 proposals which were reviewed by variou s Departments. Proposals were ranked based on their ability to meet the scope of work listed in the RFP. The competing firms were evaluated on competitive pricing, experience/qualifications, past performance/references, plan methodology, and understanding the scope of work. The following four proposals were selected for the second round of the evaluation process.

FIRM
1 American Guard Services, Inc.
2 Absolute International Security, Inc.
3 Southwest Patrol
4 Power Security Group

After a thorough review of all respondents and an assessment of qualifications and costs, staff recommends awarding a contract to American Guard Services, Inc., in the amount not -to- exceed of $157,200, from November 1, 2023 through June 30, 2024 with the o ption to extend the term of the contract through an Amendment for up to an additional two (2) years.

Attachment – American Guard Contract

205
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE A VENDOR CAP INCREASE IN THE AMOUNT OF $25,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $75,000 FOR PRIVATE SECURITY PATROL SERVICES AND AWARD A NEW CONTRACT FOR A TOTAL NOT -TO-EXCEED AMOUNT OF $157,200 TO AMERICAN GUARD SERVICES, INC.

PAGE: 3

206
Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________

01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
AMERICAN GUARD SERVICES, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 1st day of November 2023 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and American Guard Services, Inc. , a private security patrol services provider (“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 o r 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 an d 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 per formance 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 mu tual 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 Ag reement in a thorough, compete nt, a nd 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 follow the highest professional standards in performing the work and services required hereunder 207

01225.0001/863604.2 2
and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, th e phr ase “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 thi s 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, as they pertain to such work, including the following requirements:
(a) DIR Monitoring a nd Enforcement. The public work and/or maintenance work performed under this Agreement shall be subject to compliance monit oring and enforcement by the Department of Industrial Relati ons (“DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall p ay prevailing wages to the exte nt required by Labor Code Section 1771. Purs uant 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 pa rty on request. By initiating any work under this Agree ment, Consultant acknowledges receipt of a co py of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Consultant shall comply with and be bound by the provisions of Labo r Code Sections 1774 and 1775 concern ing the payment of prevailing rates of wages to workers and the pe nalties for failure to pay prevailin g wages. The Consultant shall, as a penalty to the City, forfeit two hundred dolla rs ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined 208

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by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Consultant shall comp ly with and be bound by the provisions of Labor Code Section 1776, which require s Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Sectio n 1776; certi fy 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. Consultant 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 T itle 8, Section 200 et seq. concerning the empl oyment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforemention ed Sections for all apprenti ceable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy o f the information submitted to any a pplicable apprenticeship program. Within sixty (60) days after concluding work pur suant to this Agreement, Consultant 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 . Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bou nd by Labor Code Section 1810.
(g) Penalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forf eit twenty-five dollars ($25) for each worker employed in the perf ormance of this Agreement by the Consultant 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 t he provisions of Division 2, Pa rt 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitt ed upon public work upon compensatio n for all hours worked in exce ss 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 wil l be required to secure the payment of compensation to its employees if it has employees. By exec uting this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor C ode which require every employer to be insured against l iability for workers' compens ation or to 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 o f this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subc ontractor who will perform work und er this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapte r 1 (comme ncing with Section 1720) of the California Labor Code, and shall make such compliance a requi rement in any contract with any sub contractor for work under this Agreement. Consultant shall be required to take all actions necessary to enfo rce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll re cords of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her work ers the specified prevailing rate of wages. Consultant 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 a t its sole cost and expense such lic enses, permits and approvals as may be required by law for the performance of the services re quired by this Agreement.

Consultant shall have the sole obli gation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may b e imposed by law and arise from or are necessary for the Consultant’s performance of the serv ices required by this Agreement, an d 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 th e scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understa nds the facilities, difficulties an d restrictions attending p erformance of the services under this Agreement. If the services i nvolve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainte d with the conditions there existin g, prior to commencement o f 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 t echnology, Consultant repr esents 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 Consultant unde r this Agreement is compat ible, 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.
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The Consultant shall adopt reasonable met hods during the life of the Agreemen t to furnish continuous protection to the work, and the equipment, materials, papers, documen ts, plans, studies and/or other com ponents thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until accep tance 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 agre e 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 reasonab ly 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 a nd 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 app roval of the Consultant. Any increase in compensation for extra wo rk sh all require the approval of Cit y Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does no t exceed such authorization. It is expressly understood by Consultant that the provisions of this Sect ion 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 cost ly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute di scretion 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 condition s of this Agreement, if an y, which are made a part hereof are set forth in the “Special Requ irements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provis ions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

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 Compe nsation” attached hereto a s Exhibit “C” and 211

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incorporated herein by this reference. The total compensation, including reimburseme nt for actual expenses, shall not exceed One Hundred Fifty-Seven Thousand Two Hundred Dollars and Zero Cents ($157,200.00) (the “Contract Sum”), unless addit ional compensation is appr oved 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 servic es, less contract retentio n; (iii) payment for time and materials based upon the Consultant’s rat es as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is main tained, 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 ne cessary 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 facilita te 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 performe d and expenses incurred during the preceding m onth 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 i nvoice 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 th e work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all oth er approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, s upplies, equipment, materials, and travel properly charged to the Services. 212

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(e) If this Agre ement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s C ertified Payroll and proof that Certified Payr oll has been submitted to the DIR.

Consultant shall also submit a list of the prevailing wa ge ra tes 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 th e Agreement, Consultant shall submit a new list of rates to the Ci ty with its first invoice following the effective date of the rate change.

City shall independently review each invoic e 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 i ts 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 paymen t will occur within this t ime 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 Consul tant 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 Agreem ent may be contingent upon State bud get approval; receipt of funds from, and/or obligation of funds by the State of Ca lifornia to City; or inclusion of sufficient f unding for the services he reunder in the budget approved by Chino City Council for each fisc al 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.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall pe rform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 213

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reference. When requested by th e 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 Sched ule 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 restrict ed to, acts of God or of the public enemy, unu sually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots , str ikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the comm encement of such delay not ify 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 fo r 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 conclusi ve upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any dela y in the performance of this Agreement, however caused, Consultant’s sole remedy being exten sion 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 ful l force and effect until c ompletion of the services , which shall be no later than June 30, 2024, except as otherwise provided i n 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 optio n of the City if the City is satisfied with the quality of service s per formed 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:

Gerald Gregory__________ Executive Vice President (Name) (Title)

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 Agreeme nt.

Therefore, the foregoin g principals shall be resp onsible during the term of this Agreement for directing all activi ties of Consultant and devoting suff icient time to personally supervise the 214

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services hereunder. All personnel of Consultant, and any auth orized agents, shall at all times be under the exclus ive 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 s ervices required under this Agreement.

Consultant shall notify Cit y of any changes in Consultant’s sta ff 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 manne r, 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 ma nner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manne r officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to r etirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any cla im Consultant may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Ana Lizzeth Ordonez, Management Assistant or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project M anager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisio ns which must be made by City to the Project Manager. Unless otherwise specified herein, any approva l 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, i ts agents o r employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selecti on, 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 an d shall remain at all time s as to City a wholly independent contractor with only such obliga tions as are consistent w ith that ro le. Consultant shall not at any time or in any manner represent that it or any of its age nts 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.
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4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledg e, 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 o r in part the services required hereunder without the express written approval of the City. In ad dition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, w hether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted he reunder sha ll 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 an y such unap proved 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 sha ll obtain, provide and maintain at its own expense during the term of t his Agreement, polic ies of insu rance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant s hall maintain commercial g eneral liability insurance with coverage at least as broad as Insu rance Services Office for m 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 pro perty damage. The policy m ust include contractual liability that has not been amended. Any e ndorsement restricting st andard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Con sultant 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 thi s Agreement, including coverage for any owned, hired, non - owned 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 t he Services to be performe d in connection with this Agreement, in the minimum amount of $1,0 00,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the eff ective date of this 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. 216

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(d) Workers’ compensation insurance . Consultant shall maintain W orkers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant s hall includ e all subcontractors as insureds under its policies or shall furnish separate certificate s and certified endorsements for each subcontractor. All coverage s 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 . Co nsultant shall provide certificates of insurance to City as eviden ce of the insurance cover age required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insur ance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certificat ion of insurance shall be kept on fi le with City at all times during the term of this Agreement. City reserves the right to r equire complete, certified copies of al l required insurance polic ies, at any time.
(b) Duration of coverage . Consultant shall proc ure a nd 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 w ith 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 herei n may be satisfied by a c ombination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall conta in or be endorsed to contain a provisio n that such coverage shall also apply on a primary and non - contributory basis for the benefi t 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 specification s or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any pre mium 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 issue d by an insurance company currently aut horized by the Insurance C ommissioner to transact business of insurance or that is on the Li st of Approved Surplus Li ne Insurers in the State of California, with an 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 ap proved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive su brogation against City, it s elected or appointed officers, agents, officials, employees and volunteers or shall speci fically all ow Consultant or others providing insurance evidence in compliance with these specificati ons to waive their right of recovery pr ior 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 p rovisions (non -estoppel). Consultant acknowledges and agrees that an y actual or alleged failure on the part of the City to inform Consultant of non -compliance with any re quirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific co verage features or limits contained in this section are not intend ed as a limitation on cov erage, limi ts 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 in tended by any party or in sured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Co nsultant maintains higher limits than t he 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 cancel lation. Consultant agrees to oblige its insurance agent or broker and insurers to provide t o City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of c overage for each required coverage.
(j) Additional insured status . General liability policie s sha ll provide or be endorsed to pr ovide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such polic ies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition o f undisclosed covera ge limitati ons. 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 clai m 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. (m) Pass through clause . Consultant a grees to ensure that its subconsultants , subcontractors, and any other party involved with the project who is brought onto or invol ved in the project by Con sultant, pr ovide the same minimum insurance coverage and endorsements required of Consultant. Consul tant agrees to monitor and review all s uch coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 218

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of t his 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 a t 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 C ity and Con sultant 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 sha ll 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 covera ge under any of the required liability policies.
(q) Additional i nsurance. Consultant shall also procure and maintain, at its own c ost a nd expense, any addi tional kind s 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 perm itted by law, Consultant agrees to indemnify , defend and hold harmless the City, its office rs, employees and agents ( “Indemnified Parties”) against, and will hold and save them and each of th em harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or pro perty, 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, fi rm or entity arising out of or in connection with the negligent pe rformance of the work, op erations 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 mi sconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, coven ant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed i n connection with any of said claims or liabilities and will pay all costs and expenses, including l egal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents o r employees for any such claims or liabilities arising out of or in connection with the negligent pe rformance of or failure to perform such work, operations or activ ities of Consultant hereunder; and Consultant agrees to save and h old the City, its officer s, agents, and employees harmless therefrom;
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(c) In the event the City, its officers, agents or employee s 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 th e 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 simi lar indemnity agreements w ith its subcontra ctors and if it fails to do so Consultant shall be fully responsible to in demnify City hereunder therefore, and failure of City to monitor compliance with these provisions sh all not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error o r omission, or reckless o r willful m isconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to cl aims or liabilities occurr ing as a result of City ’s sole negligence or willful acts or omiss ions, 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 negligenc e, recklessness or willfu l 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 re quire subco ntractors 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 ne cessary to perform the services required by this Agreement and enable the Project Manager to evaluat e the performance of such services. Any and all such documents sh all 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 ho urs 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 hereun der, 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 i nterest. 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.

6.2 Reports.

Consultant shall pe riodically prepare and sub mit to the Project Manager such reports concerning the performance of the services required by this Ag reement as the Project Manager shall require. Consultant hereby acknowledges that the Cit y is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 220

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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increa se 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 decrease d 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, de signs, photographs, studies, surveys, d ata, 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 ha ve no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reus e, or assignment of the do cuments and materials hereunder. Any use, reuse or assignment of s uch c ompleted documents f or other pr ojects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole r isk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assign ment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodi ed therein.

All subcontractors shall provide for assignment to City of any documents or mate rials 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 h ire” 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 an y such information or work product to persons or entities other than City without prior writ ten authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unl ess requested by the City Attorney, voluntarily provide documents, declarations, letters of support, t estimony 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. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or w ork product in violation o f 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. 221

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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontract ors be served with any su mmons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request fo r 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 s hall be interpreted, cons trued and g overned 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 t o the personal jurisdiction of such court in the event of such act ion. In the event of liti gation 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, b ut 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 t he Consultant’s default sh all 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 deduc t from any amount payable to Consultant (whether or not arising o ut of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or w hich 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 par ties, 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 a mount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 222

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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 suff icient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obli gations 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 an y provision of this Agreement.

Acceptance by City of any work or s ervices 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 d efault 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 ex pressly declared to be ex clusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such ri ghts or remedies shall not preclude the exercise by it, at the same or different times, of a ny other rights or remedi es 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 wit h the purposes of this Agr eement. Notwithstanding any contrary provision herein, Consultant shall file a statutory cl aim 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 determin ation of actual damages for any delay in performance of this Agreement would be extremely d ifficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and sh all pay to the City the sum of Zero Dollars and No Cents ($0) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant 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 fo r cause. The City reserves the right to term inate this 223

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Contract at any time, with or without cau se, 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 s horter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to ter minate this Contract at any time, wi th or with out 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 , ex cept 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 term inating pa rty 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, af ter 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 comp letion of the services required here under exce eds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitig ate 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 a ny action or proceeding in any way connected with this Agreement, the prevaili ng party in su ch action or proceeding, in addition to any ot her relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorne y’s fees. Attorney’s fees shall include atto rney’s fees on any appeal, and in addition a party e ntitled to attorney’s fees shall be entitled to al l 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 e nforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be persona lly l iable 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 d ue to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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8.2 Conflict of Interest.

Consultant covenants that ne ither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or i ndirectly, which would conflict in any manner with the interests of City or which would in any w ay hinder Consultant’s performance of services und er this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest sh all be employed by it as a n officer, employee, agent or sub contractor without the express wr itten 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 r elating to the Agreement which affects her/his financial interest or the financial interest of any corporatio n, partnership or association in which (s)he is, d irectly 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 person s claiming under o r through them, that there shall be no discrimination against or segregation o f, any person or gr oup of persons on account of ra ce, 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 tha t applicants are employed and that e mployees a re treated during employment without regard to their race, color, creed, religion, sex, gender, sexu al orientation, marital status, national ori gin, 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 co nnection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized alien s for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed agains t City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or s anctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, de mand, request, document, consent, approval, or commu nication eithe r party desires or is required to gi ve 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 225

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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 de signated on the execution page of this Agreement. Either party may change its address by not ifying 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 acc ordance 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 heret o is the entir e, co mplete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties h ereto affecting th is Agreement and this Agre ement 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 u nless made in writing and approved by the Consultant and by the Ci ty Co uncil. The parties agree that t his requir ement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the eve nt that any one or more of the phrases, sentences, clauses, paragraphs, or sections containe d in this Agreement shall be declare d 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, paragrap hs, or section s of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the in valid provision is so material that its inva lidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial in terest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of C ity participat e in any decision relating to this A greement which may affect his/her financial interest or the financial interest of any corporation, partnership , or association i n 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 226

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“financial interest” shall be consistent with State law and shall not include i nterests 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 no t pay or give, to any thir d party including, but not limited to, any City offi cial, officer, or employee, any money, considerati on, 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 ot her 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 award ed any agreement. Consultant is aware of and under stands tha t any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, o r other thing of v alue 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 organiz ed and existing, ( ii) they are duly authoriz ed to execute and deliver this Agreement on behalf o f said party, (iii) by so executing this Agreement , such par ty is formally bound to the provisions of this Agreement, and (iv) th at 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:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
_____________________________
Fred Galante, City Attorney

CONSULTANT:

American Guard Services
By:

Name: Gerald Gregory
Title: Executive Vice President

By:

Name: Craig Weissman
Title: Vice President of Contract Compliance
Address:1920 S. Archibald Avenue, Suite G
Ontario, CA 91761
Two corporate officer signatu res required when C onsultant is a corporation, with one signature required from each of the following groups : 1) Chairman o f the B oard, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Tre asurer. 228

01225.0001/863604.2 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s P roposal, attached hereto as Exhibit A-1.

II. All wor k pr oduct is subject to review and acceptance by the City, and mu st be revised by the Consultant without additional char ge to the City until found satisfactory and accepted by City.

229
Scope of Services:

1. Contractor will provide three (3) unarmed uniformed security officers with marked vehicle, to patrol various city facilities and buildings by vehicle and on foot.

2. Security officers are required to patrol the following locations:
a. City of Chino City Hall Complex located at 13220 Central Avenue i. Monday through Friday.
ii. 6:45 a.m. to 6:15 p.m.
iii. Check public restrooms at the beginning and end of the shift in Chino City Hall iv. Patrol City Hall public interior spaces and exterior spaces including areas immediately adjacent to City Hall throughout the day
v. Communicate with City Hall point of contact, as identified, on any matters of concern or of any scheduling changes with security personnel. b. City of Chino Senior Center located at 13170 Central Avenue i. Monday through Friday from 8:00 a.m. to 4:30 p.m., Saturday from 8:00 a.m. to 4:00 p.m., and Sunday from 10:00 a.m. to 4:00 p.m.
ii. Arrive at the facility by 8:00 a.m. Monday through Saturday and 10:00 a.m. on Sunday.
iii. Check-in with the front counter staff upon arrival. iv. Walk the facility, inside and out, throughout the shift. v. Check all facility rooms every hour.
vi. Patrol areas immediately adjacent to location listed above routinely throughout the day including Aguiar Square park located at 13169 6th Street. vii. Patrol publicly accessible areas within the building(s) listed above viii. Communicate with front counter staff when breaks and lunch is being taken. ix. Communicate with front counter staff when absence occurs and provide contact information of sub guard.
x. Communicate with front counter staff when leaving early from shift and indicate if there will be coverage for the remainder of the shift.
c. Carolyn Owens Center located at 13201 Central Avenue i. Monday through Thursday.
ii. Arrive at the facility by 4:15 p.m.
iii. Check-in with the 1st floor front counter staff at 4:15 p.m. iv. Walk the facility, inside and out, from 4:15 to 5:30 p.m. v. Check-in with the 2nd floor front counter staff at 5:30 p.m. vi. Have a presence at Human Services and University Hall from 5:30 to 6:15 p.m. vii. Patrol areas immediately adjacent to location listed above routinely throughout the day.
viii. Patrol publicly accessible areas withing the building(s) listed above. ix. At 7:30 p.m., station outside next to the backdoor as participants exit the facility.

Exhibit A-1
230

3. Security officers shall report to the Chino Police Department Watch Commander for all reporting purposes, including verifying his/her arrival at post.

4. Security officers shall report to work in a clean, pressed uniformed and equipped with a full duty belt that includes handcuffs, pepper spray, and baton. No firearms.

5. Security officers shall not drink alcohol, use drugs, smoke, use personal cell phones, personal computers, or eat while on duty. Smoking, use of personal cell phones, personal computers, and eating, may be done at designated break times and in designated break areas.

6. Security officers will provide high-visibility random patrols of listed areas to prevent, observe, detect and report to the Chino Police Department and contract point of contact suspicious activity and criminal violations.

7. Security officers shall be a direct employee of the Contractor, and must be trained in and able to perform the following functions:
a. Threat Assessment
b. Verbal de-escalation
c. Physical intervention by detention or arrest only as last resort, when necessary to prevent physical harm to others or self and only when authorized by and compliant with law
d. Prepare Daily Activity Reports and distribute to the designated contract point of contact and the Chino Police Department Watch Commander.
e. Prepare Monthly Summaries of Daily Activity Reports
f. First Aid / CPR Certified
g. Provide excellent customer service

8. Security officers will document relevant activities that occur on the listed locations in his/her Daily Activity Reports, including any actions taken.

9. Contractor and security officers will comply with all governing regulations of the California Department of Consumer Affairs, Bureau of Security and Investigative Services and the City of Chino Municipal Code.

10. Contractor shall possess all licenses, registrations, and permits required by the California 231
Department of Consumer Affairs, Bureau of Security and Investigative Services provisions for continued services. Such licenses, registrations and permits are to be provided to the City on demand, and shall include the following:
a. Private Patrol Operators License: Contractor shall furnish the City with its current and valid private patrol operator’s number and expiration date. If the contractor’s license expires or is suspended or revoked, the agreement will be immediately terminated. b. Guard Registration Card: Contractor’s security personnel shall be registered with the State of California and shall have a current and valid registration card in his/her possession while on duty.
c. Driver’s License: All contract security personnel shall possess a valid State of California Driver’s License. There shall be no exception to this requirement.

11. Security officers are required to treat all City employees and citizens with respect and courtesy. Discourtesy, rudeness, use of profanity or physical contact by the contractor’s employees is unacceptable. Such unacceptable behavior will result in the immediate dismissal of the offending contract security personnel from performance of duties under the contract.

12. At no time shall Security officers accept bribes, tips, or gratuities.

13. Security officers may not leave his/her post without notifying the dayshift Watch Commander of the Chino Police Department.
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01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
N/A

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01225.0001/863604.2 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall be compens ated 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 approva l of th e Project Manager, funds may b e shifted from one Task subbudget to another so long as the Contract Su m 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 com pensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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Exhibit C-1
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[EXT EMAIL] RE: Security Services RFP#2023-2021
Arlyn Haugland <[email protected]>
Thu 10/5/2023 4:22 PM
To:Sandoval, Jizelle <[email protected]>
Cc:Ordonez, Ana <[email protected]>;Jerry Gregory <[email protected]>;C Weissman <[email protected]>
Ms. Sandoval,

Please see below for our cost proposals for Year 2, and Year 3. Please confirm receipt of this email.

Arlyn Haugland
Business Development Supervisor
1125 W. 190th Street
Los Angeles, CA 90248
Direct: (424) 213-4151
Main Office: (310) 645-6200
www.americanguardservices.com
CONFIDENTIALITY NOTICE:

The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited.

From: Sandoval, Jizelle <[email protected]>
Sent: Thursday, October 5, 2023 3:34 PM
To: Arlyn Haugland <[email protected]> Cc: Ordonez, Ana <[email protected]>
Subject: Security Services RFP#2023-2021

Hello Gerald,
We received your proposal for security services. Can you provide us with cost proposals for Year 2, and Year 3?
Thank you,

270

01225.0001/863604.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work produ cts timely in accordance with the schedule attached hereto as Exhibit “A-1”.

II. The Project M anager may approve extensions for performance of the s ervices in accordance with Section 3.2.

271

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 17, 2023

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER CHRISTOPHER FLORES

SUBJECT
..titl e
Community Support Fund – Council Member Flores.
..end

RECOMMENDATION
..recommendation
Approve community support fund contribution of $500 to the Chino Youth Museum. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2023-24 Operating Budget.

Revenue:

Expenditure: 1002000 43300 N2032
Transfer In: Transfer Out:
272
CITY COUNCIL MEETING DATE: OCTOBER 17, 2023
TITLE: APPROVE COMMUNITY SUPPORT FUND CONTRIBUTION TO THE CHINO YOUTH MUSEUM.

PAGE: 2

BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Council Member Flores recommends that the City Council approve a $500 contribution to the Chino Youth Museum. The Chino Yo uth Museum p rovides interactive learning for youth to foster a better understanding of tomorrow through appreciation of yesterday and today.

By approving this contribution, the Chino Youth Museum will be better equipped to provide services to our communit y and our youth. Therefore, as proposed by Council Member Flores, staff recommends that the City Council approve the community support contribution to the Chino Youth Museum.

273

Chino City CouncilOctober 17, 2023

Chino City Council
October 17, 2023