Agenda packet — Chino City Council, May 7, 2024

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, MAY 7, 2024

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 Government Code Section 54956.9 Number of Potential Cases: One

2. EXISTING LITIGATION: Stubbie Barr v. City of Chino
(San Bernardino Superior Court Case No. CIVSB 2323286)

FLAG SALUTE

CEREMONIALS
National Mental Health Awareness Month. Proclaim May 2024 as National Mental Health Awareness Month.
1 CHINO CITY COUNCIL
MAY 7, 2024 2
Presentations
2024 Hall of Fame Award Recipient. Recognition of the 2024 Hall of Fame Award Recipient:

Glenn E. Duncan.

Teen Advisory Committee. Recognition of the Teen Advisory Committee Members: Elena Rossen, Amy Dinh, Bridget Moore, Kendall Baldrias, Enrico Hernandez, Neil Jatakia, Kale Lo, Aurora Moore, Adrian Mora, Karisia Rojas, Ximena Tapia, and Isabella Zhong.

Mayor’s Home Beautification Award. Presentation of Mayor’s Home Beautification Award for May 2024.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

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

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3 (b)(2). If more than three (3) persons seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes.

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 770160 to 770479, and Electronic Fund Transfers 519100E to 519231E, totaling $7,280,833.77.

2. Minutes. Regular Meeting Minutes for April 16, 2024 (All Members Present).

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

4. Notice of Completion - CDBG Alley Project (G6220). Accept the CDBG Alley Project (G6220), with Wheeler Paving, Inc., Riverside, CA, Contract No.2024-074, as complete and authorize the Director of Public Works to file the Notice of Completion.

5. Vendor Cap Increase - Towner Filtration. Approve a vendor cap increase with Towner Filtration in the amount of $13,000 for a total not -to-exceed amount of $63,000 for the purchase of micron filter cartridges used in the water treatment process at the City’s water treatment facilities.
2 CHINO CITY COUNCIL
MAY 7, 2024 3

6. Vendor Cap Increase - CityGreen Consulting, LLC. Approve a vendor cap increase with CityGreen Consulting, LLC., in the amount of $14,250 for a total not -to-exceed amount of $64,250 for software program assistance under Senate Bill (SB) 1383 mandates for commercial properties.

7. Final Acceptance of Public Improvements for Tract Map No. 20172 - Pulte Homes Company, LLC, generally located south of Bickmore Avenue, north of Pine Avenue, west of Rincon Meadows, and east of future Mayhew Avenue in The Preserve Specific Plan area. Accept public improvements as complete for Tract Map No. 20172; authorize release of the performance bond and initiate the warranty bond; and authorize the City Manager to execute the necessary documents on behalf of the City.

8. Amendments to Memorandum of Understanding and Summary of Benefits. Approve Resolution No. 2024 -022 amending the Memorandum of Understanding for the American Federation of State, Country and Municipal Employees (AFSCME) and the Summary of Benefits for Unrepresented Sworn Management.

NEW BUSINESS

9. Traffic Signal Installation at Eucalyptus & Fern Project (TR240). Award a construction contract to Elecnor Belco Electric, Inc., Chino, CA, in the amount of $1,146,360 and authorize $114,636 for construction project contingencies, for a total contract not to exceed $1,260,996.

Staff Report By: Hye Jin Lee, PE, Director of Public Works RECOMMENDATION: Award a construction contract to Elecnor Belco Electric, Inc., Chino, CA, for Project TR240 - Traffic Signal Modification at Eucalyptus/Fern in the amount of $1,146,360 and authorize $114,636 for construction project contingencies, for a total contract not to exceed $1,260,996; and authorize the City Manager to execute all necessary documents on behalf of the City.

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

10. Community Support Fund - Mayor Ulloa. Approve community support fund contributions for multiple non-profits and community groups for the Fiscal Year 2023-24.

Staff Report By: Mayor Ulloa
RECOMMENDATION: Approve community support fund contributions of $250 to American Cancer Society - Making Strides, $125 to Boy Scout Troop 201, $125 to Boy Scout Troop 205, $250 to Chino American Little League, $250 to Chino National Little League, $250 to Chino AYSO Region 67, $250 to Chino Youth Boxing Foundation, $250 to Chino Girls Fastpitch, $250 to Chino High School Sports Booster, $250 to Chino Kiwanis Club; $250 to Chino Neighborhood House, $250 to Chino Police Explorer’s Post #211, $250 to Chino Pop Warner, $250 to Chino Valley Soroptimist, $250 to Chino Youth Museum, $250 to Don Lugo High School Sports Booster, $250 to Food for Life Ministry, $250 to HOPE Family Resource Center, $250 to Isaish’s Rock, $250 to Rancho del Chino Rotary Club, and $250 to UChooz Positive Youth.
3 CHINO CITY COUNCIL
MAY 7, 2024 4
Mayor Pro Tem Comstock
Council Member Burton

11. Community Support Fund - Council Member Burton. Approve community support fund contribution to Food for Life Ministry, Rancho Del Chino Rotary Club, and Trail Life Troop 2678.

Staff Report By: Council Member Burton
RECOMMENDATION: Approve community support fund contribution of $500 to Food for Life Ministry, $500 to Trail Life Troop 2678, and $250 to Rancho del Chino Rotary Club.

Council Member Flores

12. Community Support Fund - Council Member Flores. Approve community support fund contribution to Rancho del Chino Rotary Club.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $250 to Rancho del Chino Rotary Club.

Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, May 21, 2024 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 Friday, May 3, 2024, 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.
4 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

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

RECREATION

SUBJECT
..titl e
Proclaim May 2024, as National Mental Health Awareness Month. ..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:
 Commitment to our Community
 Partnerships & Teamwork
 Public Service Excellence

5 6

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

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

RECREATION

SUBJECT
..titl e
Recognition of the 2024 Hall of Fame Award Recipient: Glenn E. Duncan. ..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:
 Public Service Excellence Through Internal & External Partnerships  Commitment to Our Community
 Partnership & Teamwork

7 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

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

RECREATION

SUBJECT
..titl e
Recognition of the Teen Advisory Committee Members:

Elena Rossen, Chairperson (Senior)
Amy Dinh, Vice Chairperson (Senior)
Bridget Moore, Secretary
Kendall Baldrias (Senior)
Enrico Hernandez (Senior)
Neil Jatakia
Kale Lo
Aurora Moore
Adrian Mora
Karisia Rojas
Ximena Tapia
Isabella Zhong
..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:
 Commitment to Our Community
 Communication & engagement
 Partnership & Teamwork
 Superior Customer Services

8 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR

SUBJECT
..titl e
Award of Mayor’s Home Beautification Award for May 2024. ..end
..body

9 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

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 770160 to 770479, and Electronic Fund Transfers 519100E to 519231E, totaling $7,280,833.77. ..body

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
10 CITY COUNCIL MEETING DATE: MAY 7, 2024
TITLE: WARRANTS.

PAGE: 2

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

NO. WARRANTS DATE FY AMOUNT

1. 770160 – 770257 4/4/24 23-24 $588,950.91

2. 770258 – 770365 4/11/24 23-24 $1,748,456.31

3. 770366 – 770479 4/18/24 23-24 $716,116.00

4. 519100E – 519146E 4/5/24 23-24 $281,968.44

5. 519147E – 519198E 4/12/24 23-24 $3,191,004.53

6. 519199E – 519231E 4/19/24 23-24 $754,337.58

E: Electronic Fund Transfer
TOTAL $7,280,833.77

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

RB:hm
Attachment

11 Council Meeting 5/7/24

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

Check
Number
Check Date Vendor Name Description Amount
770200 04/04/2024 HAZEN AND SAWYER WELL 17 DESIGN SERVICE $67,589.25 770219 MERITAGE HOMES REFUND FOR STREET WORK $136,180.00 770244 SO CAL EDISON CO SERVICE PERIOD: 01/30-02/28 $184,299.89 519100 04/05/2024 10-8 RETROFIT INC RETROFITTING & MAINTENANCE OF FLEET $54,362.82 519120 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $55,187.10 770277 04/11/2024 CHINO VALLEY UNIFIED SCHOOL DISTRICT CROSSING GUARDS $54,781.52 770293 FLOCK GROUP INC. FLOCK CAMERAS $57,000.00 770305 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $62,950.00
770316 MERITAGE HOMES DIF REIMB STORM DRAIN $1,178,914.00 519155 04/12/2024 CHINO BASIN DESALTER AUTHORITY WATER PURCHASES $1,625,776.00 519175 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICE $798,768.06 519177 MAMCO INC WATER MAIN LINE REPLACEMENT

CENTRAL/CHINO TO C STREET
$487,836.48
519190 SIDEPATH INC CENTRAL SERVICES-VMWARE 1 YEAR

LICENSE
$63,792.48
770476 04/18/2024 WASTE MANAGEMENT COLLECTION SERVICES $440,118.06 519217 04/19/2024 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $697,732.25

15 TOTAL $5,965,287.91

12 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

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

SUBJECT
..titl e
Regular Meeting Minutes for April 16, 2024 (All Members Present). ..end
..body

13 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, APRIL 16, 2024

MINUTES
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The April 16, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:04 pm by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, and Council Member Marc Lucio ABSENT: NONE.

FLAG SALUTE
Cub Scout Pack 205 led the assembly in reciting the Pledge of Allegiance.

CEREMONIALS
Presentations
Troop 201 Scout Recognition. Special Recognition of Chino Rotary Troop 201 Scout Leaders John Anderson, Cristian Li, and Patricia Cox.

Mayor Ulloa recognized Chino Rotary Troop 201 Scout Leaders John Anderson, Cristian Li, and Patricia Cox for their dedication to the scouting organization and youth in the community.

Proclamations
National Public Safety Telecommunicators Week. Proclaim April 14 - 20, 2024 as National Public Safety Telecommunicators Week.

Mayor Ulloa read into the record the Proclamation designating April 14 -20, 2024 as National Public Safety Telecommunicators Week in Chino. Police Chief Mensen and Department Dispatchers were present to accept the Proclamation.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported agenda Item No.16 will be pulled and returned to staff. 14 CHINO CITY COUNCIL
APRIL 16, 2024 2

INFORMATION
Economic Development Report. Receive and File the Quarterly Economic Development Report.

Mayor Ulloa announced the Economic Development Report is available in the agenda packet.

External Agency Report. Receive and File the External Agency Report for April 2024.

Mayor Ulloa announced the External Agency Report is available in the agenda packet.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following scheduled community events:

The Inland Empire Utilities Agency and the City of Chino Community Earth Day Event is Thursday, April 19, from 4:00 p.m. - 7:00 p.m. at the Chino Creek Wetlands and Educational Park located at 6075 Kimball Avenue. For more information, please contact (909) 334-3282.

The Kiwanis Corn Feed Run Car Show & Cruise is Saturday, April 27th, at City Hall, from 8:00 a.m. to 3:00 p.m. The event showcases classic cars in the downtown, live DJ music, and local vendor booths. For more information, visit www.ChinoKiwanis.com.

Chino Bike Day will be held Saturday, May 11th, from 7:30 a.m. to 11:00 a.m. at Ruben S.

Ayala Park, Chino. This family -friendly event, presented by Healthy Chino and the Chino Police Department, promises fun for all ages with a special family bike ride. For more details, visit www.cityofchino.org/bikeday.

The State of the City Address, "From Heritage to Horizon," will be held on Tuesday, May 14, at the Chaffey College Chino Community Center. Ticket information and RSVP details are at www.cityofchino.org/sotc.

PUBLIC COMMENTS
Pastor Roy Robbins of Christ Lutheran Church provided the invocation.

Melissa Compani, Representative for Fourth District County Supervisor Curt Hagman, announced updates and upcoming events hosted by Supervisor Hagman.

John Ravero, introduced his business in Chino, Luv 2 Play, an indoor playground for children.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 769953 to 770159, and Electronic Fund Transfers 519015E to 519099E, totaling $3,851,275.53.

2. Minutes. Regular Meeting Minutes for April 2, 2024 (All Members Present).

Item No. 4 was pulled from the Consent Calendar for a separate action. 15 CHINO CITY COUNCIL
APRIL 16, 2024 3

5. 2023 Chino Climate Action Plan Annual Report. Receive and file the 2023 Chino Climate Action Plan Annual Progress Report, which outlines the City's progress to reduce Greenhouse Gas (GHG) emissions.

6. Property Tax Allocation for Annexation - LAFCO Reorganization (Detachment/Annexation from County Service Area 70) No. 3268 - East End Annexation. Adopt Resolution 2024 -017, determining the amount of property tax revenues to be exchanged between and among the City of Chino and the County of San Bernardino, resulting from the jurisdictional change described by LAFCO 3268 (PL20-0003, Annexation).

7. Federal Asset Forfeiture Funds - Patrol Equipment Purchase (Federal Grant G424F). Approve the appropriation of $43,073.14 from unappropriated reserves of the Asset Forfeiture/Department of Justice Fund 120 for the purchase of patrol equipment and increase the Asset Forfeiture revenue by $43,073.14.

8. Chino Preserve Development Corporation - Development Impact Fee Credit & Reimbursement Agreement Tract Map No. 16420-5 (Block 3). Approve a Development Impact Fee Construction Credit/Reimbursement Agreement with Chino Preserve Development Corporation for Tract Map No.16420-5 (Block 3) in the amount of $4,077,734.

9. Final Acceptance of Public Improvements for Tract Map No. 20165 (Block 4) area in The Preserve Specific Plan. Final Acceptance of Public Improvements for Tract Map No. 20165, Chino Preserve Development Corporation, generally located south of Market Street, west of Hellman Avenue, north of Legacy Park Street, and east of Discovery Park Avenue.

10. Final Acceptance of Public Improvements for Tract Map Nos. 19951 & 19952. Final Acceptance of Public Improvements for Tract Map Nos. 19951 and 19952, Lennar Homes of California, Inc., generally located at the northwest corner of Bickmore and Alpine Meadows Avenues in The Preserve Specific Plan area.

11. Assumption and Partial Assignment of the Preserve Development Agreement between the City of Chino, a Municipal Corporation; Chino Development Corporation, a California Corporation; and Century Communities of California, LLC, a Delaware Limited Liability Company. Approve an Assumption and Partial Assignment of the Preserve Development Agreement between the City of Chino, Chino Development Corporation, and Century Communities of California, LLC.

12. Amendment No. 1 to the Three -Party Cooperative Agreement between the City of Chino, the City of Ontario, and the San Bernardino County Flood Control District (SBCFCD) for the San Antonio Regional Storm Drain Project (R8001). Approve Amendment No. 1 to the three -party Cooperative Agreement for the San Antonio Regional Storm Drain Project (R8001) to increase the applicable costs by $284,750, for a revised City share amount of $868,750.

13. Amended and Restated Resolution Authorizing the Examination of Sales or Transactions and Use Tax Records. Adopt Resolution 2024 -020, An Amended and Restated Resolution Authorizing the Examination of Sales or Transactions and Use Tax Records.

Motion by Council Member Burton, seconded by Mayor Pro Tem Comstock, to approve the Consent Calendar items 1 -3 and 5 -13 as presented. The motion carried by the following vote:

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

ABSENT: NONE.
16 CHINO CITY COUNCIL
APRIL 16, 2024 4

ITEMS PULLED FROM CONSENT CALENDAR

4. Resolution Opposing Initiative No. 21 -0042A1. Adopt Resolution 2024 -018 opposing Ballot Measure #1395, “The Taxpayer Protection and Government Accountability Act” (Initiative AG # 21-0042A1).

Vivian Castro, Deputy City Manager, provided a report on the item.

Mayor Pro Tem Comstock expressed her opposition to "The Taxpayer Protection and Government Accountability Act."
Motion by Council Member Flores, seconded by Mayor Pro Tem Comstock, to approve Item 4. 24 -184 Resolution Opposing Initiative No. 21 -0042A1. The motion carried by the following vote:

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

ABSENT: NONE.

NEW BUSINESS

14. Issuance of Bonds Community Facilities District 2003 -03 Improvement Area 10. Adopt Resolution 2024-019 for the issuance of Bonds for Community Facilities District (CFD) 2003-03 and approve Bond Counsel Agreement with Stradling, Yocca, Carlson & Rauth in the amount of $75,000.

Staff Report By: Rob Burns, Director of Finance
RECOMMENDATION: 1) Adopt Resolution No. 2024 -019 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 2003 -03 IA10 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.

Rob Burns, Director of Finance, provided a report on the item.

Motion by Council Member Lucio, seconded by Mayor Pro Tem Comstock, to 1) Adopt Resolution No. 2024-019 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 2003 -03 IA10 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. The motion carried by the following vote:

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

ABSENT: NONE.
17 CHINO CITY COUNCIL
APRIL 16, 2024 5

15. Amendment to Huitt -Zollars, Inc. Agreement for Design Professional Services - Pine Avenue Extension and Connection to State Route 71 (ST061). Approve a ninth amendment to the Design Professional Services Agreement with Huitt -Zollars, Inc., Irvine CA, Agreement 2015-232, in the amount of $359,730, for a total agreement amount not to exceed $5,292,514.11.

Staff Report By: Michele Hindersinn, Principal Engineer RECOMMENDATION: Approve a ninth amendment to the Design Professional Services Agreement with Huitt-Zollars, Inc., Irvine CA, Agreement 2015-232, in the amount of $359,730, for a total agreement amount not to exceed $5,292,514.11; and authorize the City Manager to execute all necessary documents on behalf of the City.

Michele Hindersinn, Principal Engineer, provided a presentation on the item.

Mayor Pro Tem Comstock requested an update on the timeframe for the project. Staff provided updates on the status and discussions with Army Corps of Engineers, City of Chino Hills, and Caltrans.

City Council members offered to participate in discussions to help move the project forward and expressed concerns regarding completing the project in time for the City to have the opportunity to host 2028 Olympic events, as well as the need for improved traffic flow in this area.

City Council members requested staff work with the County Supervisor to address the Pomona Rincon Road improvements as a collaborative effort.

Motion by Council Member Flores, seconded by Council Member Lucio, to Approve a ninth amendment to the Design Professional Services Agreement with Huitt-Zollars, Inc., Irvine CA, Agreement 2015-232, in the amount of $359,730, for a total agreement amount not to exceed $5,292,514.11; and authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

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

ABSENT: NONE.

16. Traffic Signal Installation at Eucalyptus & Fern (TR240). Award a Construction Contract with Elecnor Belco Electric, Inc., Chino, CA, for the Traffic Signal Installation at Eucalyptus & Fern.

Staff Report By: Hye Jin Lee, PE, Director of Public Works RECOMMENDATION: 1 ) Appropriate $175,000 from the unappropriated reserves of the Measure I Fund with a corresponding increase to the Traffic Signal Installation at Eucalyptus & Fern (TR240); 2) appropriate $546,402 to the Transportation Fund with a corresponding backfill transfer from the Bridges/Signal/Thoroughfare Fund 220, bringing the total project TR240 budget to $1,271,402; 3) award a construction contract to Elecnor Belco Electric, Inc., Chino, CA, for the Traffic Signal Installation at Eucalyptus & Fern (TR240) for a contract amount of $1,146,360 and authorize up to $114,636 (10% of the contract amount) for construction contingencies for a not to exceed contract amount of up to $1,260,996; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

Item No. 16 was pulled and returned to staff. No action was taken on Item No. 16. 18 CHINO CITY COUNCIL
APRIL 16, 2024 6

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events since the last meeting that included the Omnitrans Board of Directors meeting; San Bernardino County Transportation Authority Board of Directors meeting; Chick -fil-A Scholarship Award event; Agriculture meeting; Chino Desalter Authority Board of Director’s meeting; Inland Empire Utilities Agency Sewage Policy Committee; Senior Birthdays; Healthy Family Day/Bark Around Ayala Park; City Manager meeting; City Council Workshop; Mayor’s Prayer Breakfast; Omnitrans Administration and Finance Committee meeting; San Bernardino County Transportation Authority Transit Committee, and Metro Valley Committee meeting; Celebrated her Birthday with her family; Chino Valley Youth Track meet; City Manager meeting; and meeting with Jan Perkins.

Mayor Pro Tem Comstock

17. Community Support Fund - Mayor Pro Tem Comstock. Approve community support fund contributions for multiple non-profits and community groups for the Fiscal Year 2023-24.

Staff Report By: Mayor Pro Tem Comstock
RECOMMENDATION: Approve community support fund contribution of $250 to Isaiah’s Rock, $250 to UCHOOZ Positive Youth, $500 to Chino Police Officers’ Foundation, $500 to Chino Valley Fire Foundation, $250 to Chino Kiwanis Club, $250 to Chino American Little League, $500 to Chino National Little League, $500 to Chino Girls Fastpitch Softball, $250 to Chino Boxing Club, $125 to Rancho Del Chino Rotary Club, $500 to Chino Valley Soroptimist Club, $500 to Don Lugo High School Sports Booster Club, $250 to Chino High School Sports Boosters, $250 to Chino Police Explorer Post #211, and $125 to Chino Valley Chamber Foundation Leadership Project supporting the Chino Community Children’s Theatre.

Motion by Council Member Burton, seconded by Mayor Ulloa, to Approve community support fund contribution of $250 to Isaiah's Rock, $250 to UCHOOZ Positive Youth, $500 to Chino Police Officers' Foundation, $500 to Chino Valley Fire Foundation, $250 to Chino Kiwanis Club, $250 to Chino American Little League, $500 to Chino National Little League, $500 to Chino Girls Fastpitch Softball, $250 to Chino Boxing Club, $125 to Rancho Del Chino Rotary Club, $500 to Chino Valley Soroptimist Club, $500 to Don Lugo High School Sports Booster Club, $250 to Chino High School Sports Boosters, $250 to Chino Police Explorer Post #211, and $125 to Chino Valley Chamber Foundation Leadership Project supporting the Chino Community Children's Theatre. The motion carried by the following vote:

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

ABSENT: NONE.

Mayor Pro Tem Comstock announced she would forego her report on meetings and events attended since the last meeting to provide a report on California Institute for Men (CIM) and her concerns associated with the recent relocation of death row inmates to CIM and substandard security practices as CIM continues to deteriorate and how the State's actions will impact the Chino community.

Council Member Burton
19 CHINO CITY COUNCIL
APRIL 16, 2024 7
Council Member Burton reported on the following meetings and events since the last meeting that included the Chamber of Commerce Leadership Collaborative, Healthy Family Day/Bark Around Ayala Park; Meeting with a business owner; Centennial Celebration Gala at the American Legion Post 299 in honor of Elmer C Jertberg; City of Chino Water meeting; City of Chino Housing meeting; City Council Workshop; Mayor’s Prayer Breakfast; Chino Basin Water Master meeting; Retail Theft Roundtable meeting; Residential Cleanup Day; Pet Wants Grand Opening; and City Manager meeting.

Council Member Burton expressed his disapproval of the transfer of the death row inmates to CIM and announced he, along with other members of the Chino City Council, including City of Chino Hills elected officials, will be representing the City in Sacramento. Council Member Burton encouraged residents to pay attention to what is going on in the City and expressed the need for support.

Council Member Flores

18. Community Support Fund - Council Member Flores. Approve community support fund contributions for multiple non-profits and community groups for the Fiscal Year 2023-24.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $500 to Chino Valley Chamber Foundation Leadership Project supporting the Chino Community Children’s Theatre and $500 to Trail Life Troop 2678.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Lucio, to Approve community support fund contribution of $500 to Chino Valley Chamber Foundation Leadership Project supporting the Chino Community Children's Theatre and $500 to Trail Life Troop 2678. The motion carried by the following vote:

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

ABSENT: NONE.

Council Member Flores reported on the following meetings and events since the last meeting that included the Centennial Celebration Gala at the American Legion Post 299 in honor of Elmer C Jertberg; Soroptimist Spaghetti Dinner and Bingo; Needs Collaboration Event meeting; City Council Workshop; Mayor’s Prayer Breakfast; Meeting with business owner; Retail Theft Roundtable meeting; Chino Valley Youth Track meet; Pet Wants Grand Opening; and meeting with Jan Perkins.

Council Member Lucio
Council Member Lucio reported on the following meetings and events since the last meeting that included the Healthy Family Day/Bark Around Ayala Park; and California Institute for Men (CIM) & California Institute for Women (CIW) Citizens Advisory Committee meeting. He explained Proposition 66 passed in 2016 which is the reason death row inmates are being transferred to CIM. He expressed concerns regarding the security level and facility condition of CIM, and potential for hospital visits of dangerous level 4 inmates.

City Manager's Report
City Manager Reich introduced Hye Jin Lee, Director of Public Works, who introduced the new City Engineer, Albert Espinoza.
20 CHINO CITY COUNCIL
APRIL 16, 2024 8
City Attorney's Report
City Attorney Galante gave a brief update on the recent court case ruling, Sheetz v. County of El Dorado, which will affect local agencies' administration of impact mitigation fees, noting the ruling will not have a negative impact on the City of Chino’s adopted development impact fees. Mayor Ulloa asked City Attorney Galante ensure staff review this case and City processes. Mr. Galante confirmed he will examine the nexus studies when they are performed.

Police Chief's Report
Chief Mensen provided the City Council with an update regarding the death row inmate transfer to CIM and reported the Chino Police Department has been working tirelessly to address the City’s concerns, implement immediate additional security procedures, and reported a regional alliance has been established involving the City of Chino Hills, City of Ontario, and Chino Valley Fire District to address regional safety concerns.

Chief Mensen provided information to the City Council regarding a recent meeting with the Warden of CIM. Mayor Pro Tem Comstock asked Chief Mensen to ensure CIM’s escape protocols are reviewed, tabletop and exercise drills are conducted, the Memorandum of Understanding between the City of Chino and CIM is reviewed and updated and ensure they are held accountable.

Council Members inquired and discussion ensued regarding the notification systems and sirens at CIM to notify the Police Department and residents in the event of an escape.

Fire Chief's Report
Fire Chief Dave Williams reported the Chino Valley Fire Dirstrict is also concerned about the potential threat at CIM. At the Mayor's request, Chief Williams provided an update on the transition from American Medical Response (AMR) to CONFIRE for ambulance services scheduled to take over services on October 1st.

ADJOURN
The meeting adjourned at 7:33 p.m. The next Regular Meeting of the City Council will be held on Tuesday, May 7, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 7TH DAY OF MAY 2024.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________________
MARITZA C. SANCHEZ, DEPUTY CITY CLERK
**************************************************
(These minutes are not official until signed.)
21 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

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:
22 CITY COUNCIL MEETING DATE: MAY 7, 2024
TITLE: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill (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

23 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
April 17 – 19, 2024 League of California
Cities City Leaders
Summit
Sacramento, CA Mayor Pro Tem
Comstock
Council Member
Burton
Council Member
Flores
April 19, 2024 Southern California
Water Coalition
Luncheon
Temecula, CA Mayor Ulloa

24 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

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

SUBJECT
..titl e
Notice of Completion – CDBG Alley Project (G6220).
..end

RECOMMENDATION
1) Accept the C DBG Alley Project (G6220), with Wheeler Paving, Inc., Riverside, CA, Contract No.2024-074, as complete; 2) authorize the Director of Public Works to file the Notice of Completion; and 3) authorize the release of the retention funds following the 35-day lien period. ..body

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

Revenue: Click or tap here to enter text.

Expenditure: 3508030 – 48005 | 48009 – G6220
5507380 – 48005 | 48009 – G6220
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 25 CITY COUNCIL MEETING DATE: MAY 7, 2024
TITLE: NOTICE OF COMPLETION - CDBG ALLEY PROJECT (G6220).

PAGE: 2

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

On June 6, 2023, the City Council awarded a construction contract to Wheeler Pavi ng, Inc, Riverside, CA for $396,135 for the CD BG Alley Project (G6220). Additionally, the City Council authorized expenditures of up to $59,421 for project contingencies, bringing the total contract to an amount not to exceed $455,556.

All improvements within the project scope have been successfully constructed. The scope of work included a full depth alley pavement, including curb and gutter, alley approaches, and compliant accessibility ramps.

ISSUES/ANALYSIS
All work has been completed per the terms of the original contract and approved change order.

The following is a summary of the final accounting of construction costs for the project.

The total contract change order amount is $1,790.11 (Less than 1 % of the total contract). Ten percent is generally considered within the normal range of changed conditions on a Public Works construction project , and by providing change order authority upfront, the City Council helps to reduce the possibility of delay on a construction project.

Whe
eler
Pavi
ng,
Inc.,
has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder’s Office. The retention funds will be released following the 35-day lien period.

Attachments: Exhibit A: G6220 Location Map
Exhibit B: Project Before/After Photos
Exhibit C: Notice of Completion – Wheeler Paving, Inc.

CDBG Alley Project (G6220) Contract Contingency
Original Contract & Contingency $396,135.00 $59,421.00
Contract Change Order No. 1 $1,790.11 -($1,790.11)
Final Contract & Contingency Balance $397,925.11 $57,630.89 26 PROJECT NO. G6220

CDBG ALLEY REHABILITATION PROJECT
27 28
29 30

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

AND WHEN RECORDED MAIL TO
City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667
SPACE ABOVE THIS LINE FOR RECORDER’S USE
APN# N/A NOTICE OF COMPLETION

CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA Notice is hereby given that:

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

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

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

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

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

Names Addresses

N/A N/A

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

Names Addresses

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

7. A work of improvement on the property hereinafter described was completed on January 26, 2024

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

Wheeler Pavement, Inc. Riverside, CA
(If no contractor for work of improvement as a whole, insert “none”)

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

Alley North of Chino Avenue Between 9th Street and 13th Street

10. The street address of said property is NONE
(If no street address has been officially assigned, insert “none”) SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: May 7, 2024 Hye Jin Lee, Director of Public Works

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss

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

I declare under penalty of perjury, that the foregoing is true and correct. Executed on May 7, 2024, at City of Chino, California Hye Jin Lee
Director of Public Works
31 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

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

SUBJECT
..titl e
Vendor Cap Increase - Towner Filtration.
..end

RECOMMENDATION
Approve a vendor cap increase with Towner Filtration in the amount of $13,000 for a total not to exceed amount of $63,000 for the purchase of micron filter cartridges used in the water treatment process at the City’s water treatment facilities ; and authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds are available in the FY 2023-24 Public Works operating budget.

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

Revenue: Click or tap here to enter text.

Expenditure: 5207300-43050
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 32 CITY COUNCIL MEETING DATE: MAY 7, 2024
TITLE: VENDOR CAP INCREASE - TOWNER FILTRATION.

PAGE: 2

BACKGROUND
To maintain State -regulated water quality standards, City staff uses micron filter cartridges to remove fine debris particles from well water as the particles make their way through the water treatment process. The removal of these fine debris particles aids in the efficiency and effectiveness of the water treatment process.

ISSUES/ANALYSIS
With the addition of water treatment facilities and the increase of water produced within the City, the need for micron filter cartridges has also increased. City staff has found a need to purchase the micron filter cartridges more frequently, causing the original budgeted amou nt to deplete at a faster rate than in previous years. Staff recommends an increase in the vendor cap with Towner Filtration by $13,000 for a new total vendor cap amount of $63,000. This increase is necessary to ensure an adequate supply of micron filter c artridges to maintain water quality standards. The City Council authorization is required as the combined total expenditures will exceed the $50,000 authorized to one vendor. This request does not require an additional appropriation, as the expenditures fall within the adopted budget.

33 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

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

SUBJECT
..titl e
Vendor Cap Increase - CityGreen Consulting, LLC.
..end

RECOMMENDATION
Approve a vendor cap increase with CityGreen Consulting, LLC in the amount of $14,250 for a total not-to-exceed amount of $64,250 for software program assistance under Senate Bill (SB) 1383 mandates for commercial properties; and authorize the City Manager to execute the necessary documents on behalf of the City.
..bod y

FISCAL IMPACT
Sufficient funds are available in the 2023-2024 Public Works operating budget. Expenditures for the SB 1383 software and program assistance will be fully funded from the Cal Recycle SB 1383 Local Assistance Program Grant.

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

Revenue: Click or tap here to enter text.

Expenditure: 5507380-43650/43070-G7231
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 34 CITY COUNCIL MEETING DATE: MAY 7, 2024
TITLE: VENDOR CAP INCREASE - CITYGREEN CONSULTING, LLC.

PAGE: 2

BACKGROUND
The City is required to ensure that commercial properties comply with CalRecycle's requirements under Senate Bill (SB) 1383 Short -lived Climate Pollutants: Organic Waste Reduction. To assist with this, City staff plans to utilize CityGreen Consulting, LLC for SB 1383 program assistance services. These services will help City staff ensure that commercial properties meet compliance requirements through technical assistance and waste hauler support services.

ISSUES/ANALYSIS
In addition to program assistance, CityGreen Consulting, LLC offers a software program designed to facilitate compliance with SB 1383 mandates. This software will be essential for City staff, providing tools for compliance tracking, record-keeping, reporting, and communication with haulers and vendors.

To implement the software program for commercial property compliance under SB 1383, staff recommends an increase in the vendor cap with CityGreen Consulting, LLC by $14,250 for a new total vendor cap amou nt of $64,250. The City Council authorization is required as the combined total expenditures for both the SB 1383 program assistance and software will exceed the $50,000 authorized to one vendor. This request does not require an additional appropriation, as the expenditures fall within the adopted budget.

35 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

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

SUBJECT
..titl e
Final Acceptance of Public Improvements for Tract Map No. 20172 - Pulte Homes Company, LLC, generally located south of Bickmore Avenue, north of Pine Avenue, west of Rincon Meadows, and east of future Mayhew Avenue in The Preserve Specific Plan area. ..end

RECOMMENDATION
1) Accept public improvements as complete for Tract Map No. 20172; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.

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. 36 CITY COUNCIL MEETING DATE: MAY 7, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT MAP NO. 20172 -

PULTE HOMES COMPANY, LLC, GENERALLY LOCATED SOUTH OF BICKMORE AVENUE,

NORTH OF PINE AVENUE, WEST OF RINCON MEADOWS, AND EAST OF FUTURE MAYHEW AVENUE IN THE PRESERVE SPECIFIC PLAN AREA.

PAGE: 2

BACKGROUND
On August 5, 2019, the Planning Commission approved Lewis Management Corporation’s (LMC) application for PL18 -0010 (Master Site Approval) and PL18 -0011 (Tentative Tract Map No. 20161), an “A” level subdivision for conveyance purposes and master plan for th e development of up to 494 residential units (Van Vliet project). This project is generally located south of Bickmore Avenue, north of Pine Avenue, west of Rincon Meadows, and east of future Mayhew Avenue.

Tract Map No. 20161 is an “A” level map that crea tes ten numbered lots and eight lettered lots for the Van Vliet project site. The numbered lots establish the parcels for the nine planning areas, which includes the approval of five “B” level tract maps to allow for the development by guest homebuilders for Tract Map Nos. 20169, 20170, 20171, 20172, and 20270. The “A” map also outlined the street systems that also support the overall development of Van Vliet. The lettered lots were created to accommodate the perimeter landscape areas that will be maintained by the Preserve Master Maintenance Corporation (PMMC). The 1.5 -acre basin and

2.58-acre lot for the Recreational Center were created as part of the previous map that was recorded for this project (Tract Map No. 17571). It should be noted that the Van Vli et Master Site Approval staff report briefly mentions a total of seven “B” level maps as part of the Van Vliet project area. Tract Maps Nos. 20173 and 20271 were filed as one map since the developments are the same 3 -story product type, sold to the same b uilder, and contiguous parcels. Tract Map No. 20173 was approved as part of separate action by the Planning Commission, and the public improvements constructed for this tract will be discussed in greater detail upon the final acceptance of public improvements, which will brought to the City Council at a later date.

Pulte Home Company, LLC (“Pulte”) has purchased Tract No. 20172 from LMC, which created 76 numbered lots and four lettered lots to accommodate the development of 76 single -family homes (Exhibit A).

The Engineering Conditions of Approval for this tract required Pulte to design and construct certain improvements expanding on the existing backbone infrastructure, including, but not limited to, potable water lines, streetlight improvements, street improvements, sewer improvements, and other infrastructure. These improvements are located on the following public streets: Grassland Ave, Pasture Ave, Botany St between Olive Grove Ave and Pasture Ave, and Meridian St between Osprey Ave and Pasture Ave. The public improvements completed by Pulte necessitated the execution of a Subdivision Improvement Agreement and posting securities that the City Council approved on December 15, 2020 (Exhibit B). It should be noted that the costs associated with the design and construction of the required public improvements are completely offset by the developer. There is no direct fiscal impact to the City.

ISSUES/ANALYSIS
The public improvements completed have been constructed in compliance with the City’s standards/specifications, accessibility requirements, and to the satisfaction of the City Engineer.

The public improvements that are being accepted by the City of Chino include streets, sewer, and domestic water.

The developer fully funded all public improvements that were part of the conditions of approval for the Project.
37 CITY COUNCIL MEETING DATE: MAY 7, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT MAP NO. 20172 -

PULTE HOMES COMPANY, LLC, GENERALLY LOCATED SOUTH OF BICKMORE AVENUE,

NORTH OF PINE AVENUE, WEST OF RINCON MEADOWS, AND EAST OF FUTURE MAYHEW AVENUE IN THE PRESERVE SPECIFIC PLAN AREA.

PAGE: 3

The s ecurity bond for a one -year warranty period has been submitted to the City. Under the warranty bond obligation, the developer will correct any defects found within one year of the City Council’s acceptance of the Project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. The following maintenance obligations will commence following acceptance of the public improvements:

Domestic Water: By the City
Sewer: By the City
Public Street Sweeping: By the City
Public Streetlights: By the PMMC
In-Tract Landscaping: By the PMMC

Attachments: Exhibit A - Tract Map No. 20172
Exhibit B - Fully Executed Subdivision Improvement Agreement & Bonds Exhibit C - Public Improvements Index Map

38 Exhibit A
PL20-0021 (Tentative Parcel Map No. 20231)

LOCATION MAP
Packet Pg. 6

LOCATION MAP
EXH
IBIT A
TRACT 20172
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MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES/RISK

MANAGEMENT

SUBJECT
..titl e
Amendments to Memorandum of Understanding and Summary of Benefits. ..end

RECOMMENDATION
Approve Resolution No. 20 24-022 which contains amendments to the Memorandum of Understanding for the American Federation of State, Country and Municipal Employees (AFSCME) and the Summary of Benefits for Unrepresented Sworn Management. ..body

FISCAL IMPACT
The cost inc urred were factored into the 2023 -2025 Budget. No additional appropriations are required.

 Responsible Long-Range Planning
 Fiscal Responsibility

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. 118
CITY COUNCIL MEETING DATE: MAY 7, 2024
TITLE: AMENDMENTS TO MEMORANDUM OF UNDERSTANDING AND SUMMARY OF BENEFITS.

PAGE: 2

BACKGROUND
In the course of reviewing provisions in the Memorandum of Understanding between the City and AFSCME and the Summary of Benefits for Unrepresented Sworn Management employees (which applies to the Chief of Police, Deputy Chief of Police, and Captain classif ications), it became evident that certain amendments are required in order to accurately reflect existing practices, obtain formal approval for new/existing programs and codify, by Resolution, prior approvals granted by the City Council which address terms and conditions of employment. The recommendations reflect the important role AFSCME’s members carry out in supporting operations and response to emergencies occurring in the City after hours and on weekends.

The recommendations for Unrepresented Sworn Em ployees are most accurately described as modifications to the existing Summary of Benefits so that it is in compliance with the City Council’s prior direction and the prevailing employment law. The impact on the 2023 -2025 Budget is not considered a factor as the costs were incorporated during its preparation as these changes reflect ongoing expenditures that were anticipated at the time estimates were prepared.

ISSUES/ANALYSIS
The City maintains Stand -by/Call Back Duty Programs. Specifically, these pro vide for the rotation of well-trained and highly skilled employees to remain available to work after hours and on weekends for the purpose of responding to emergencies that arise and require immediate response or to handle designated duties that require da ily checks, for example, taking samples of water reserves to ensure their purity. Employees who are qualified to serve as Duty Personnel follow a strict set of rules with regard to response times, safety practices, and achieving customer satisfaction, amo ng others. In the course of meeting to discuss matters of mutual interest and importance with AFSCME representatives, it came to the City’s attention that, while the City Council has discussed the parameters of the Stand -by/Call Back Duty Program, identify ing the specifics was not documented. Therefore, a request is made to establish the following as authorized Duty Programs:

AFSCME
Building/Facilities Maintenance Duty Program
Water Equipment Maintenance Duty Program
Water Treatment Duty Program
Fleet Maintenance Duty Program
General Maintenance Duty Program (Streets, Grounds, etc.)

In comparing the Chief of Police’s Employment Agreement with the Summary of Benefits adopted by the City Council for that position, the following were found to be inconsistent and require correction:

Chief of Police
Adjust the Retirement Health Savings Plan contribution to make it equal to the contribution provided to the Deputy Chief of Police and Captain classifications.

Revise the Management Leave language to mirror the language provided to Executive Management Team members in their Summary of Benefits.
119
CITY COUNCIL MEETING DATE: MAY 7, 2024
TITLE: AMENDMENTS TO MEMORANDUM OF UNDERSTANDING AND SUMMARY OF BENEFITS.

PAGE: 3

In 2015, the City of Chino underwent an audit by CalPERS. It is not uncommon for member agencies in CalPERS to be audited periodically. One of the findings of this audit w as that the City should not be reporting holiday hours as compensation for the Chief of Police. Since that time, there have been numerous far-reaching discussions regarding this determination such that it was unilaterally applied to the Deputy Chief of Pol ice and Captain as well as the Chief.

However, after extensive research, written communications with CalPERS representatives, and written legal opinions, the conclusion was reached that a) holiday hours remain not reportable as compensation for the positi on of Chief of Police; but b) holiday hours are reportable as compensation for the positions of Deputy Chief of Police and Captain (as well as other sworn personnel). The Chief of Police is the only position categorically prohibited from receiving this benefit. All other personnel work a regular schedule that includes working on City -designated holidays, therefore, their holiday hours worked are reportable as “PERSable income.” It is necessary to correct this section of the Summary of Benefits for Unrepres ented Sworn Management by replacing it with the language below the heading “Deputy Chief of Police and Captain.”

Deputy Chief of Police and Captain
Holiday Pay will be reported in accordance with the applicable sections of the California Government Code, California Code of Regulations, and the City’s contract with the California Public Employee’s Retirement System. Holiday Pay falls within the definition of special compensation/reportable compensation per CalPERS and is applicable to the positions of Deputy Chief of Police and Captain, who are scheduled to work on all City -designated holidays that fall on their regular workdays.

In conclusion, the City Council is requested to adopt Resolution 2024-022, which will enact each of these amendments.

Attachment: Resolution 2024-022

120

RESOLUTION NO. 2024-022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CERTAIN PORTIONS OF RESOLUTION NO. 2023-060, 85-52, 85 -53, 85 -54 AND SUBSEQUENT RESOLUTIONS

PERTAINING TO COMPENSATION AND TERMS AND CONDITIONS OF

EMPLOYMENT FOR EMPLOYEE POSITION CLASSIFICATIONS

REPRESENTED BY THE AMERICAN FEDERATION OF STATE,

COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), AND

UNREPRESENTED SWORN MANAGEMENT EMPLOYEES

WHEREAS, the City Council of the City of Chino ADOPTED Resolution Nos. 2023-060, 85-52, 85 -53, 85 -54, and subsequent resolutions to establish changes to salaries, benefits, and terms and conditions of employment for City employees, and

WHEREAS, the wages, hours , and terms and conditions of employment of affected employees are codifi ed in a variety of City Resolutions, Memorandums of Understanding, Summaries of Benefits and Agreements, and

WHEREAS, one or mor e of the following agreed -upon changes to wages, hours , and terms and conditions of employment may regard subject matter previo usly set forth in City Resolutions, Memorandums of Understanding, Summaries of Benefits, Agreements, and/or have become prevailing practices which have developed over time, and

WHEREAS, to the extent that any of the following changes address subject matte rs already codified in City Resolution, Memorandums of Understanding, Summaries of Benefits, Agreements, or defined by prevailing practices, it is the intent of the City that said codified wages, hours and terms and conditions of employment and those matte rs defined by prevailing practices, continue in full force and effect subject to modifications described herein.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chino does hereby amend the Memorandum of Understanding with AFSCME and Summary of Benefits with Unrepresented Sworn Management that were previously adopted and which are updated to reflect changes as approved effective where applicable to the date of original implementation of a program; promotion to a position; reportable to CalPER S with all provisions applying only to those individual who are employment by the City of Chino on the day following the adoption of this Resolution.

Section 1. PROVISION S APPLICABLE TO CLASSIFICATIONS REPRESENTED BY AFSCME.

A. Stand-by/Call Back Duty Progr ams – the following will be authorized as established in compliance with the provisions contained in the Memorandum of Understand ing regarding the rules and compensation established for Stand -by/Call Back Duty and 121
RESOLUTION NO. 2024-022
PAGE 2

the Stand -by/Call Back Duty Procedure Manu al except as individual policies and procedures may be specific to the work performed:

 Building/Facilities Maintenance Duty Program
 Water Equipment Maintenance Duty Program
 Water Treatment Duty Program
 Fleet Maintenance Duty Program
 General Maintenance Duty Program (Streets, Grounds, etc.)

All Stand -by/Call Back Duty Procedure Manuals will be approved by the Director of Public Wor ks and the Director of Human Resources/Risk Management prior to implementation and distribution to affected employees.

Section 2. PROVISIONS APPLICABLE TO THE CHIEF OF POLICE.

A. The Chief of Police will receive a contribution to a Retirement Health Savings Plan equal to the contribution provided to the Deputy Chief of Police and Captain classifications.

B. The Chief of Police will r eceive the same Management Leave benefit as the Executive Management Team.

Section 3. PROVISIONS APPLICABLE TO THE DEPUTY CHIEF OF POLICE AND CAPTAIN CLASSIFICATIONS.

A. The Summary of Benefits applicable to Unrepresented Sworn Management , which includes th e Deputy Chief of Police and the Captain classifications will have the language struck in the fourth paragraph under the heading of “HOLIDAY PAY ,” which begins with the words “Special compensation…” and it will be replaced with the following language : “Holiday Pay will be reported in accordance with the applicable sections of the California Government Code , California Code of Regulations and the City’s contract with the California Public Employee’s Retirement System. Holiday Pay falls within the definitio n of special compensation/reportable compensation per CalPERS and applies to the positions of Deputy Chief of Police and Captain who are scheduled to work on all City -designated holidays that fall on their regular workdays.”

B. The City of Chino holds no fiduciary duty to the affected employee for any changes to the law that affect the special compensation pr omised by CalPERS for compensation tied to any aspect of Holiday Pay as reportable compensation other than that the City will serve as the reporting party.

Section 4. PROVISIONS APPLICABLE TO AFFECTED EMPLOYEES.

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RESOLUTION NO. 2024-022
PAGE 3

A. Except as so modified, all other terms and conditions of employment shall remain unmodified and in full force and effect.

B. SAVINGS CLAUSE - Should any portion of this Resolution be held invalid by law and/or a court of competent jurisdiction or entity with legal standing, then only that clause will be stricken, and the remainder of the Resolution will be in full force and effect. The City and the affected employee association will immediately co mmence to negotiate to replace any invalid or illegal provision. However, no such replacement is mandated.

APPROVED AND ADOPTED THIS 7th day of May 2024.

________________________________
EUNICE M. ULLOA, MAYOR

ATTEST:

_____________________________

NATALIE GONZAGA, CITY CLERK

CITY OF CHINO

State of California )
County of San Bernardino )ss.

City of Chino )

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RESOLUTION NO. 2024-022
PAGE 4

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adop ted by the City Council at a regular meeting held on the 7th day of May 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

______________________________________

NATALIE GONZAGA, CITY CLERK

124

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

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

SUBJECT
..titl e
Traffic Signal Installation at Eucalyptus & Fern Project (TR240).

..end

RECOMMENDATION
..recommendation
Award a construction contract to Elecnor Belco Electric, Inc., Chino, CA, for Project TR240 - Traffic Signal Modification at Eucalyptus/Fern in the amount of $1,146,360 and authorize $114,636 for construction project contingencies, for a total contract not to exceed $1,260,996; and authorize the City Manager to execute all necessary documents on behalf of the City.

..body

FISCAL IMPACT
The following appropriations and budget adjustments are required: appropriate $175,000 from the unappropri ated Measure I Fund (322) reserves; appropriate $547,029.01 to the Transportation Fund (320) with a corresponding year-end transfer in the same amount from the Citywide Circulation (Bridges/Signals/Thoroughfare) System Development Impact Fee Fund (220); update Fiscal Year 2023-24 Capital Improvement Program Budget title for Project TR240 -Traffic Signal Installation (from Modification) at Eucalyptus/Fern ; include the Citywide Circulation (Bridges/Signals/Thoroughfare) System Development Impact Fee Fund (2 20) removing The Preserve Circulation (Bridges/Signals/Thoroughfare Preserve) System Development Impact Fee Fund (260); and increase the total project budget for Project TR240 - Traffic Signal Installation at Eucalyptus/Fern to $1,272,029.01.

The appropriations and budget allocations are summarized below:

Fund Adopted Budget Additional Appropriation Revised Budget Measure I Fund (322) $0 $175,000 $175,000
Citywide Circulation DIF (220) $550,000 $547,029.01 $1,085,996 Total Revised Budget $1,272,029.01

Upon the final acceptance of the project, the City will update the costs included in the Development Impact Fee Nexus and Calculation Report.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Responsible Long-Range Planning
 Effective Technology
125
CITY COUNCIL MEETING DATE: MAY 7, 2024
TITLE: TRAFFIC SIGNAL INSTALLATION AT EUCALYPTUS & FERN PROJECT (TR240).

PAGE: 2

Revenue: 3201000-50000

Expenditure: 3207100 – 40010|48005|48009 – TR240
3227190 – 40010 |48005|48009 – TR240
Transfer In: 2201000-40001 Transfer Out: Click or tap here to enter text. 126
CITY COUNCIL MEETING DATE: MAY 7, 2024
TITLE: TRAFFIC SIGNAL INSTALLATION AT EUCALYPTUS & FERN PROJECT (TR240).

PAGE: 3

BACKGROUND
As a Condition of Approval (“COA”) of the University Park Community development, Lennar Homes, the developer, was responsible for the installation of a traffic signal at the intersection of Fern and Eucalyptus Avenues. The new traffic signal was deemed nec essary through the project’s traffic impact analysis (“TIA”) which indicated that at buildout, a significant amount of traffic on Eucalyptus Avenue would back up from Euclid Avenue past Fern Avenue. Over time, traffic volumes did not reach levels where a t raffic signal triggered warrants leading staff to consider alternative traffic controls that could provide safe pedestrian crossings without the expense of a full traffic signal. Staff presented these alternatives at various Infrastructure Committee meetin gs, most recently on May 2, 2023. However, after consideration, the Infrastructure Committee recommended continuing with the original traffic signal plan as the best option. City staff collaborated with the developer on multiple design revisions including various accessibility improvements and different traffic control design element iterations. These changes delayed the traffic signal construction and ultimately, the City agreed to a settlement agreement amendment with Lennar Homes, approved by the City Council on January 16, 2024.

As part of the amendment agreement, the developer agreed to pay the City $553,500 in exchange for the City taking the lead on the construction of the traffic signal. The payment was deposited into the Citywide Circulation (Bridges/Signals/Thoroughfare) System DIF fund.

Originally the proposed traffic signal was programmed for funding from the Preserve Circulation (Bridges/Signals/Thoroughfare Preserve) System Development Impact Fee Fund (260). This project does not fall within the Preserve limits for Fund 260 and is now being corrected to utilize the Citywide Circulation (Bridges/Signals/Thoroughfare) System Development Impact Fee Fund (220). Upon completion of the traffic signal installation, the actual costs eligible under the D IF program will be included in an annual update to the DIF Nexus Calculation Report. The costs associated with the construction of the proposed traffic signal will exceed the amount currently programmed in the TR240 project budget; however, there are suffi cient funds available in the Citywide Circulation (Bridges/Signals/Thoroughfare) System DIF fund to cover the amount needed to complete construction. As stated, the costs in the DIF program will be updated upon project completion.

The scope of work for this project includes the following improvement elements:
 a new traffic signal
 extend signal interconnect conduit from Fern Avenue to Euclid Avenue  pedestrian curb ramps and crosswalks across all three legs of the intersection  a pavement grind and overlay of the entire intersection area  landscaping visibility improvements
 new signing and striping.

The project will provide pedestrians on the north side of Eucalyptus Avenue accessible and convenient access to Constellation Park.

In addition to the DIF funding for the intersection improvements, Measure I funding through the San Bernardo County Transportation Authority (SBCTA) will supplement the pavement rehabilitation portion of the project. When the project is completed, the area dist urbed by the traffic signal installation will be repaved.

ISSUES/ANALYSIS
Plans and specifications were prepared by city staff and a Notice Inviting Bids was published both locally and on the PlanetBids web -based bid system in February 2024. On March 5, 2024, 127
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TITLE: TRAFFIC SIGNAL INSTALLATION AT EUCALYPTUS & FERN PROJECT (TR240).

PAGE: 4

the city held a mandatory pre -bid meeting which was attended by three (3) prime contractors and other sub-contractors. All three (3) prime contractors submitted formal bids and the results are as follows:

Upon completion of the traffic signal, the actual costs will be included in an annual update to the DIF Nexus Calculation Report.

Company Location Bid Amount
Elecnor Belco Electric, Inc. Chino, CA $1,146,360
Comet Electric, Inc. Chatsworth, CA $1,305,235
International Line Builders, Inc. Corona, CA $1,609,697 The lowest, responsible, responsive bid was submitted by Elecnor Belco Electric, Inc., Chino, CA, as shown in the table above for a total amount of $1,146,360. Staff subsequently reviewed the contractor’s licensing, bonding, referenc es, and list of subcontractors submitted for the project, and found all bid submittal documentation to be in order.

The estimated project construction costs are itemized below:

Project Task Vendor Totals
Construction Elecnor Belco Electric, Inc.

Chino, CA
$1,146,360.00
10% Construction Contingency* As allowable per the Public Contract Code
$114,636.00
TOTAL EST. PROJECT COST $1,260,996.00
*Note that, as in all the City's public works contracts, the contract itself provides the Director of Public Works authority to issue change orders of up to 10% of the original contract amount.

When the Council approves the contract, it approves this authority. Ten percent is generally considered within the normal range of changed conditions on a public works construction project and, by providing change order authority upfront, Council helps to reduce the possibility of delay on a construction project.

Elecnor Belco Electric has built many of Chino’s most recent traffic signals, many of which are in The Preserve with a history of understanding Chino’s specific requirements. The project will be managed and inspected by the City’s Public Works staff. Therefore, s taff recommends that the City Council award a construction contract to Elecnor Belco Electric, Inc., Chino, CA, for the Traffic Signal Installation at Eucalyptus & Fern (TR240) for an amount not to exceed $1,146,360 and authorize an additional $114,636 (10 % of total contract amount) for construction contingency for a total project amount not to exceed $1,260,996.

This project is exempt from the California Environmental Quality Act (CEQA) according to Section 15301 of the CEQA Guidelines - Existing Facilities, which includes the operation, repair, and maintenance of highways, streets, sidewalks, gutters, bicycle and pedestrian trails, and other similar facilities.

Attachments: Exhibit A – Vicinity Map
Exhibit B – Elecnor Belco Electric, Inc. Agreement

128
City of Chino
Project Vicinity Map
TR240 – New Traffic Signal: Eucalyptus & Fern Avenue

129

Contract No.:

Approved:

AGREEMENT

TRAFFIC SIGNAL INSTALLATION – EUCALYPTUS AT FERN AVENUE (TR240)

THIS AGREEMENT is made and entered into this 7th day of May, 2024 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and Elecnor Belco Electric, Inc., hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled Traffic Signal Installation – Eucalyptus at Fern Avenue – TR240 in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of One Million One Hundred Forty -Six Thousand Three Hundred Sixty Dollars and Zero Cents ($1,146,360.00) for completion of the contract work.

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

ARTICLE IV: Contractor shall begin work within fifty-five (55) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within Sixty (60) working days. If the work is not completed within said time period, liquidated damages shall apply.

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post -Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of 130
litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitut e a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

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

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

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

Approved as to Form: Approved as to Content:

City Attorney Hye Jin Lee, PE, Director of Public Works

ELECNOR BELCO ELECTRIC, INC.

Dated: By:

(Signature)

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

CITY OF CHINO

Dated:

Linda Reich, City Manager

ATTEST:

Natalie Gonzaga, City Clerk

Date

132

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR

SUBJECT
..titl e
Community Support Fund – Mayor Ulloa.
..end

RECOMMENDATION
..recommendation
Approve community support fund contributions of $250 to American Cancer Society – Making Strides, $125 to Boy Scout Troop 201, $125 to Boy Scout Troop 205, $250 to Chino American Little League, $250 to Chino National Little League, $250 to Chino AYSO Region 67, $250 to Chino Youth Boxing Foundation, $250 to Chino Girls Fastpitch, $250 to Chino High School Sports Booster, $250 to Chino Kiwanis Club; $250 to Chino Neighborhood House, $250 to Chino Police Explorer’s Post #211, $250 to Chino Pop Warner, $250 to Chino Valley Soroptimist, $250 to Chino Youth Museum, $250 to Don Lugo High School Sport s Booster, $250 to Food for Life Ministry, $250 to HOPE Family Resource Center, $250 to Isaish’s Rock, $250 to Rancho del Chino Rotary Club, and $250 to UChooz Positive Youth. ..body

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

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

Revenue:

Expenditure: 1002000 43300 N2026
Transfer In: Transfer Out:
133
CITY COUNCIL MEETING DATE: MAY 7, 2024
TITLE: COMMUNITY SUPPORT FUND - MAYOR ULLOA.

PAGE: 2

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

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

ISSUES/ANALYSIS
To continue this tradition, Mayor Ulloa recommends that the City Council approve the following contributions:
 American Cancer Society – Making Strides $250: A community -based fundraising event to support cancer research.
 Boy Scout Troop 201 - $125: Supports a local boy scout troop which supports local volunteer efforts while developing character, discipline, integrity, and leadership skills.  Boy Scout Troop 205 - $125: Supports a local boy scout troop which supports local volunteer efforts while developing character, discipline, integrity, and leadership skills.  Chino American Little League - $250: Helps teach Chino’s youth the importance of teamwork, leadership, hard work, and humility through an organized baseball league.  Chino National Little League - $250: Provides a safe environment for Chino youth to learn and play baseball while also developing leadership and teamwork skills.  Chino AYSO Region 67 - $250: Provides Chino youth a fun, family -friendly environment where kids can grow and develop not only their soccer sk ills but their leadership and social skills.
 Chino Youth Boxing Foundation - $250: Through hard work and developing boxing skills, this group helps Chino youth build their self -esteem, self -respect, character, discipline, and confidence.
 Chino Girls Fastpitch - $250: Provides an opportunity for growth and development of softball and life skills to the highest level achievable through competitive softball.  Chino High School Sports Boosters - $250: Helps promote and support the athletic programs with items s uch as uniforms, athletic equipment, special events, and scholarships.
 Chino Kiwanis Club - $250: The Chino Kiwanis Club is dedicated to serving the Chino Community through various service and fundraising projects.  Chino Neighborhood House - $250: Offers low to moderate income families food and resources.
 Chino Police Explorer’s Post #211 - $250: Provides our community’s youth the opportunity to build their character and learn about the many aspects of law enforcement. Likewise, the program also allows our community’s youth to give back to their community through supporting community service events.  Chino Pop Warner – $250: Teaches our community’s youth the values of leadership, teamwork, responsibility, and work ethic through an organized football and cheerleading program.
 Soroptimist International of the Chino Valley $250: Seeks to empower women an d girls by providing a number of educational opportunities, programs, and resources. 134
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TITLE: COMMUNITY SUPPORT FUND - MAYOR ULLOA.

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 Chino Youth Museum - $250: Provides interactive learning for youth to foster a better understanding of tomorrow through appreciation of yesterday and today.  Don Lugo Hig h School Sports Boosters - $250: Provides support to every Don Lugo student athlete to conquer his or her future.
 Food for Life Ministry - $250: Provides food and resources to families in needing support.
 Hope Family Resource Center - $250: Provides resources to those families in need, including but not limited to, childcare referrals, counseling, housing information, food/clothing, and Medi-Cal/Covered California assistance.  Isaiah’s Rock - $250: Provides food, clothing, and other vital resources to those in need.  Rancho del Chino Rotary - $250: Offers fun community events with proceeds earmarked to support community goals and initiatives.
 Uchooz Positive Youth - $250: Provides positive activities and support for youth in and around the Downtown Chino area.

By approving these contributions, these groups will be better equipped to provide services to our community. Therefore, as proposed by Mayor Ulloa, staff recommends that the City Council approve the community support contributions to: American Cancer Society – Making Strides, Boy Scout Troop 201, Boy Scout Troop 205, Chino American Little League, Chino National Little League, Chino AYSO Region 67, Chino Youth Boxing Foundation, Chino Girls Fastpitch, Chino High School Sports Boosters, Chino Kiwanis Club; Chino Neighborhood House, Chino Police Explorer’s Post #211, Chino Pop Warner, Chino Valley Soroptimist, Chino Youth Museum, Don Lugo High School Sport Boosters, Food for Life Ministry, HOPE Family Resource Center, Isaish’s Rock, Rancho del Chino Rotary Club, and UChooz Positive Youth.

135

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER CURTIS BURTON

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

RECOMMENDATION
..recommendation
Approve community support fund contribution of $500 to Food for Life Ministry, $500 to Trail Life Troop 2678, and $250 to Rancho del Chino Rotary Club.
..body

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

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

Revenue:

Expenditure: 1002000 43300 N2034
Transfer In: Transfer Out:
136
CITY COUNCIL MEETING DATE: MAY 7, 2024
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER BURTON.

PAGE: 2

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

ISSUES/ANALYSIS
To continue this tradition, Council Member Burton recommends that the City Council approve the following contributions:
 Food for Life Ministry - $500: Provides food and resources to families in needing support.
 Trail Life Troop 2678 - $500: Guides generations of courageous young men to lead with integrity, serve others, and experience outdoor adventure.  Rancho del Chino Rotary Club - $250: Is committed to involving themselves in the Chino community and providing financial support to local programs particularly supporting young people, their physical and organizational activities and their school achievement.

By approving these contributions, Food for Life Ministry, Trail Life Troop 2678 , and Rancho del Chino Rotary Club will be better equipped to provide services for the Chino Community .

Therefore, as proposed by Council Member Burton, staff recommends tha t the City Council approve these community support contributions.

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MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 7, 2024

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 $250 to Rancho del Chino Rotary Club. ..body

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

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

Revenue:

Expenditure: 1002000 43300 N2032
Transfer In: Transfer Out:
138
CITY COUNCIL MEETING DATE: MAY 7, 2024
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER FLORES.

PAGE: 2

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

ISSUES/ANALYSIS
To continue this tradition, Council Member Flores recommends that the City Council approve the following contribution:
 Rancho del Chino Rotary - $250: Committed to involving themselves in the Chino community and providing financial support to local programs particularly supporting young people, their physical and organizational activities and their school achievement.

By approving this contribution, Rancho del Chino Rotary Club will be better equipped to provide services for the Chino Community . Therefore, as proposed by Council Member Flores, staff recommends that the City Council approve the community support contribution to Rancho del Chino Rotary Club.

139

Chino City CouncilMay 7, 2024

Chino City Council
May 7, 2024