Agenda packet — Chino City Council, June 18, 2024 (part 1 of 2)

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, JUNE 18, 2024

REGULAR MEETING
AGENDA
CLOSED SESSION – 4:30 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 Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.

Number of Cases: One Case
Potential defendant: The Kroger Co.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 5177 Chino Avenue, Chino, CA 91710 (APN 1020321040000) Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: US CHEM LLC
Under Negotiation: Price and Terms of Potential Acquisition 1 CHINO CITY COUNCIL
JUNE 18, 2024 2

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 5091 G. St., Chino, CA 91710 (APN 102060115)
Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: 5091 G Street LLC
Under Negotiation: Price and Terms of Potential Acquisition

4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: APN 101428104; 5412 Francis Avenue, Chino, CA 91710 (APN 101428103); 0 Francis Avenue, Chino, CA 91710 (APN 101428108)
Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: Dave Kuo; Grand West Coast Investment, LLC Under Negotiation: Price and Terms of Potential Acquisition

5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 13339 Central Avenue, Chino, CA 91710 (APN 102033113); 13399 Central Ave, Chino, CA 91710 (APN 102033112); 0 G St, Chino, CA 91710 (APN 102033111) Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: SZ Properties LLC
Under Negotiation: Price and Terms of Potential Acquisition

6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 4570 Philadelphia St, Chino, CA 91710 (APN 101342111); 0 Philadelphia St, Chino, CA 91710 (APN 101342109); 4562 Philadelphia St, Chino, CA 91710 (APN 101342112); 4578 Philadelphia St, Chino, CA 91710 (APN 101342110).

Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: SB County Board of Education
Under Negotiation: Price and Terms of Potential Acquisition

FLAG SALUTE

CEREMONIALS
Proclamations
American Legion Family Day. Proclaim the last Saturday in April be known as "American Legion Family Day" in the City of Chino.

Presentations
Chino High School Wrestling Team. Recognition of the Chino High School Wrestling Team.

Hope Family Resource Center. Recognition of the Hope Family Resource Center 10 Year Anniversary.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS
2 CHINO CITY COUNCIL
JUNE 18, 2024 3

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

External Agency Report for June 18, 2024 (Covering April 1, 2024 - April 30, 2024). Receive and File the External Agency Report for June 2024 (Covering April 1, 2024 - April 30, 2024)

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 warrants771080 to 771205, and Electronic Fund Transfers 519440E to 519487E, totaling $1,161,686.46.

2. Minutes. Regular Meeting Minutes for June 4, 2024 (Council Member Lucio Absent-Excused).

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

4. Report on State and Federal Legislative Issues. Receive and file the Tracked State Legislation report dated June 4, 2024; the attached position letters on legislation; the High Priority Legislative Items Report, and the Washington Update.

5. Notice of Completion (NOC) for the City Hall South & 7th Street Theatre Roofing project (NC242 & IB249) completed by R&R Roofing & Waterproofing, Inc., Lake Elsinore, CA, Contract #2024-153. Accept the City Hall South & 7th Street Theatre Roofing project (NC242 & IB249) completed by R&R Roofing & Waterproofing, Inc., Lake Elsinore, CA, Contract #2024-153, as complete.

6. Federal Asset Forfeiture Funds - SWAT Equipment Purchase (Federal Grant G424G). Approve the appropriation of $42,698.37 from unappropriated reserves of the Asset Forfeiture/Department of Justice Fund 120 for the purchase of SWAT equipment and increase the Asset Forfeiture revenue by $39,812.

7. Amendment to Measure I Capital Improvement Plan for Fiscal Years 2024 -2028. Adopt Resolution No. 2024 -027 to amend Resolution No. 2023 -067 revising the Measure I Capital Improvement Plan for Fiscal Year 2024-2028.
3 CHINO CITY COUNCIL
JUNE 18, 2024 4

8. Road Maintenance and Rehabilitation (SB1) Account Project List for Fiscal Year 2024 -25.

Adopt Resolution No. 2024 -028 to update the Road Maintenance and Rehabilitation (SB1) Account project list and projected revenues and authorize the City Manager to execute the necessary documents on behalf of the City.

9. Professional Services Agreement with Watearth, Inc. for the Lead and Copper Rule Revisions (LCRR) Compliance Program. Award a Professional Services Agreement to Watearth, Inc., Los Angeles, CA, in the amount of $110,273.80 for consulting services necessary for compliance with the Lead and Copper Rule Revisions (LCRR).

10. Approve a Ninth Amendment to the Professional Services Agreement with EXP U.S. Services Inc., for Projects ST203 Pine Avenue Improvements and ST204 Pine Avenue at State Route 71 Interchange Ramp Improvements. Approve a ninth amendment to the Professional Services Agreement with EXP U.S. Services, Inc, San Bernardino, CA, Agreement 2021-053 for $80,918 for a total agreement amount not to exceed $1,070,689.07.

11. Accept Public Improvements as Complete for Tract Map Nos. 16837, 16997, and 16998.

Approve the Final Acceptance of Public Improvements for Tract Map Nos. 16837, 16997, and 16998, generally located between the Cypress Channel and Euclid Avenue in the College Park Specific Plan area.

NEW BUSINESS

12. Classification and Compensation Adjustments Based on Results of Citywide Classification and Compensation Study. Approve adjustments to the City’s Classification and Compensation Schedule for Implementation of Classification and Compensation Study Findings.

Staff Report By: Misha Sisikin, Deputy Director of Human Resources/Risk Management RECOMMENDATION: 1) Adopt Resolution 2024 -029 approving Classification and Salary Schedule adjustments as needed for positions represented by the American Federation of State, County, and Municipal Employees (AFSCME); Chino City Hall Confidential Employee Association; Chino Police Professional Employee Association (CPPEA); Teamsters Local 1932 Professional, Technical, and Clerical Unit; Unrepresented Management, Unrepresented Deputy Directors, and Part-Time Employees; and 2) approve an estimated appropriation in the amount of $3.1 million.

13. Cost of Living Adjustment FY 2024 -25. Approve Resolution 2024 -030, Updating the City’s Classification and Compensation Schedule to Reflect the FY 2024/25 Cost -of-Living Adjustment approved by City Council in July 2023.

Staff Report By: Misha Sisikin, Deputy Director of Human Resources/Risk Management RECOMMENDATION: 1) Adopt Resolution No. 2024 -030 approving Classification and Salary Schedule adjustments to implement a Cost -of-Living Adjustment of 4% for job classifications represented by the American Federation of State, County, and Municipal Employees (AFSCME); Chino City Hall Confidential Employee Association (CCHCEA); Chino Police Professional Employee Association (CPPEA); Teamsters Local 1932 Professional, Technical, and Clerical Unit; Unrepresented Management; Unrepresented Deputy Directors; and Part-Time Employees; and 2) approve an estimated appropriation in the amount of $1.7 million as noted in the Fiscal Impact section.
4 CHINO CITY COUNCIL
JUNE 18, 2024 5

14. Pine Avenue Improvement Amendments. Amendment No. 2 to the Construction Credit/Reimbursement Agreement for the Pine Avenue Improvements – Phase I (Stages 1-3) & Stage 4.

Staff Report By: Jesus Plasencia, Assistant City Engineer RECOMMENDATION: 1) Appropriate $311,439.47 from the unappropriated reserves of the General Fund; 2) schedule a corresponding year -end transfer in the same amount from The Preserve Circulation (Bridges/Signals/Thoroughfares) System Development Impact Fee Fund 260; 3) increase the Capital Improvement Program Budget Project ST203 (1007010 Fund) for Pine Avenue Improvements for Stage 4 in the amount of $311,439.47, for a total Stage 4 project budget not to exceed $3,335,184.47; 4) approve an amendment to the construction credit and reimbursement agreement with Chino Preserve Development Corporation to include additional costs for Pine Avenue Improvements Stage 4 in the amount of $311,439.47 for a total contract not to exceed $17,100,757.47; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

15. Cooperative Reimbursement Agreement Between the City of Chino and the City of Pomona for the Walnut Avenue Improvements as part of the Street Rehabilitation FY2023 -24 Project (ST241). Approve a Cooperative Reimbursement Agreement with the City of Pomona in an amount not to exceed $139,801 to establish project cost sharing and reimbursement obligations for the construction of Project ST241.

Staff Report By: Michele Hindersinn, Principal Engineer RECOMMENDATION: 1) Appropriate $139,801 to the Transportation Fund (320), with a corresponding year-end transfer in the same amount from the General Fund (100) reserves; 2) approve a Cooperative Reimbursement Agreement between the City of Chino and the City of Pomona in an amount not to exceed $139,801 to establish project cost sharing and reimbursement obligations for the construction of the Walnut Avenue Pavement Improvements as part of the Street Rehabilitation FY2023 -24 Project (ST241); 3) approve a Change Order No. 1, to Hardy & Harper Inc., in the amount of $109,901 for a not -to-exceed revised contract amount of $3,305,451 for the Walnut Avenue Pavement Improvement; and 4) authorize the City Manager to execute the 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
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores

16. Community Support Fund - Council Member Flores. Approve community support fund contribution to the Burrito Breakfast Club, Inc.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $250 to Burrito Breakfast Club, Inc.
5 CHINO CITY COUNCIL
JUNE 18, 2024 6
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Director's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, July 2, 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, June 14, 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.
6 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

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

SUBJECT
..titl e
American Legion Family Day.
..end
..body

7 C H I
~._.__........~:]
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WHEREAS, The founding fathers of The American Legion established their principles through the creation of the Four Pillars of The American Legion, which are Veterans Affairs & Rehabilitation, National Security, Americanism, and Children & Youth programs; and WHEREAS, The American Legion through resolve urges all members of The American Legion, the American Legion Auxiliary, the American Legion Riders, and the Sons of The American Legion, known collectively as the American Legion Family, to assist in carrying on efforts in their locales by developing plans in support of the Four Pillars by remaining informed and assisting veterans, families, schools, workplaces and communit-ies in their time of need; and WHEREAS, The American Legion Family continues to remain steadfast in their commitment to these principles in meeting the ever-expanding needs of their local communities throughout the nation; and
WHEREAS, The American Legion is increasing their efforts to reduce the number of veteran suicides by promoting a program titled, "Be The One," and encouraging all members of the American Legion Family to participate by raising awareness and funds to donate to charities that assist in the prevention of veteran suicide; and
WHEREAS, The American Legion Family is an integral component supporting those in need ·within their local communities and does so in an unselfish manner without want of notice, personal gain or recognition; and
WHEREAS, The special day known as "American Legion Family Day" be established and observed annually on the last Saturday of April, when all American Legion posts throughout the nation would open their doors to their members and the members of their local communities with the intent of celebrating all great deeds and works of fhe American Legion Family

1.oith the intent to educate, recruit, recognize and to give back to those members that continually support the gift of giving; and
NOW, THEREFORE, I, EUNICE M. ULLOA, MAYOR OF THE CITY OF CHINO, do hereby proclaim the last Saturday in April as
AMERICAN LEGION FAMILY DAlY
PRESENTED THIS 18TH DAY OF JUNE 2024.
~)n~
ATTEST:
~
8 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

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

SUBJECT
..titl e
Chino High School Wrestling Team.
..end
..body

9 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Hope Family Resource Center.
..end
..body

10 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

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

SUBJECT
..titl e
Economic Development Report.
..end
..body

11 12
13 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

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

SUBJECT
..titl e
External Agency Report for June 18, 2024 (Covering April 1, 2024 – April 30, 2024). ..end
..body

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

BACKGROUND
Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. While the frequency of meetings varies by agency, many meet monthly. Others meet quarterly, bi-monthly, or on an as-needed basis.

ISSUES/ANALYSIS
The attached Monthly Agency Report for June 2024 summarizes recent discussions and actions during external meetings attended by City Council Members. It focuses on items that may impact or be of interest to the City of Chino, its residents, and its businesses. The June 2024 report covers meetings that occurred from April 1, 2024, to April 30, 2024.

14 CITY OF CHINO

MONTHLY AGENCY REPORTS
JUNE 18, 2024 - Covering meetings from April 1 through April 30, 2024 Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. This report summarizes the actions and discussions of those entities as they may impact or be of interest to the City of Chino, its businesses, and its residents.

CHAFFEY COLLEGE CHINO COMMUNITY CENTER OVERSIGHT COMMITTEE Council Representative: Marc Lucio | Staff Report By: Silvia Avalos Meeting Date: April 16, 2024

1. New Member – The Chaffey College Governing Board officially appointed Margaret Fernandez, Dean of the Chaffey College Chino Campus, to serve on this committee.

2. Chino Instructional Building Construction Update – Troy Ament, Associate Superintendent, Administrative Services and Emergency Operations , provided an update on the construction of the new buildi ng at the Chino campus, noting that the project is on schedule and expected to be completed in late 2024 or early 2025.

3. Financial Statement Update – Patrick Cabildo shared the balance sheet and income statement through December 31, 2023. Total Capital is $247,123, and total profit year-to-date is $26,736.

4. Comments, Requests, Future Agenda Items – Chino Council Member Marc Lucio reported on the transfer of death row inmates to the C alifornia Institution for Men (CIM) in compliance with Prop 66. This is creating safety concerns, especially due to the dilapidated conditions at CIM.

Next anticipated meeting date: June 20, 2024
Chino Valley Chamber of Commerce
Council Representative: Christopher Flores | Staff Report By: Ellyse Martinez Meeting Date: April 15, 2024

1. On Friday, April 12, Council Members Flores, Burton, and staff attended the Retail Theft Roundtable with Assemblymember Freddie Rodriguez. Assemblymember Rodriguez informed attendees of current bills that may assist business owners in managing rising retail theft in California. Bills that were discussed are as follows: AB 1772 (Ramos): Theft, and AB 2943 (Zbur and Rivas) Crimes , shoplifting. The Assemblymember also answered various questions from attendees. Additionally, Chief Kevin Mensen updated the group on a partnership with the California Highway Patrol, which will focus on preventing retail theft in the Chino Valley.

2. Council Members Burton and Flores attended Pet Wants' grand opening and presented the business with a certificate of recognition.
15 MONTHLY AGENCY REPORTS – JUNE 18, 2024 (Covering Meetings from 4/1/24 – 4/30/24) PAGE 2

3. On Saturday, April 27, Council Member Flores and Ellyse Martinez attended the M Power Fitness Ribbon Cutting, where Council Member Flores presented the business with a certificate of recognition and wished them continued success in the community.

N
ext anticipated meeting date: May 20, 2024

CHINO BASIN DESALTER AUTHORITY
Council Representative: Eunice Ulloa | Staff Report By: D ave Crosley Meeting Date: April 4, 2024
The Board conducted routine business , including approval of the Board’s March 7, 2024, meeting minutes and receipt of the Treasurer’s Quarterly Reports – Financial Affairs, General Disbursements, Variance Review, and Investment. Total cash, investments, and restricted deposits were $35,718,664. As of December 31, 2023, CDA administration expenses totaled 49% of the annual budget, and Chino I Des alter and Chino II Des alter operating expenses were 46.6% and 44.6% of the respective annual operating budgets. T he investment portfolio rate of return was 2.23%.

Additionally, the Board received a report on a recent waterline failure at the Chino II Desalter and ratified the non-competitive procurement of emergency services to repair d amage caused by the incident. The incident did not adversely impact the delivery of CDA-produced water to Chino.

Next anticipated meeting date: May 2, 2024

CHINO BASIN WATERMASTER
Council Representative: Eunice Ulloa | Staff Report By: Dave Crosley Meeting Date: April 25, 2024
The Watermaster Board of Directors received routine verbal reports from staff/consultants regarding ongoing activities, including the recalculation of the Basin Safe Yield (determination of the volume of groundwater that may be produced in a year without causing adverse impact) and Maximum Benefit Annual Report (describing the Waterma ster’s and IEUA’s su ccessful joint efforts to satisfy 9 commi tments made to the Regional Water Qu ality Control Board which allow for utilization of recyc led water in the Basin; if those commitments were not satisfied, then it is likely Chino and other stakeholders in the Ba sin would not be allowed to utilize recycled water for recharge and irrigation).

Also, the Board received a presentation of the staff’s proposed draft Fiscal Year 24/25 budget. That draft describes an estimated total budget of $10.5M, representing an 8% increase as compared to the current Fiscal Year budget and an estim ated FY 24/25 annual assessment of $96.21/ acre-foot. The stakeholders and staff are engaged in continuing discussions regarding the proposed draft budget, and refinements are possible before the budget is scheduled for approval consideration in May.

Additionally, the Bo ard received a brie fing pertaining to an under -construction recharge infrastructure project (approved budget of $25.3M) that ha s encoun tered several unexpected challe nges, collectiv ely representing a need for an addi tional $2.65M. T he Water master committees and Board will consider the matter during May meetings.

Next anticipated meeting date: May 23, 2024
16 MONTHLY AGENCY REPORTS – JUNE 18, 2024 (Covering Meetings from 4/1/24 – 4/30/24) PAGE 3

CHINO VALLEY INDEPENDENT FIRE DISTRICT Liaison to Board of Directors Council Representative: Karen Comstock | Staff Report By: Linda Reich Meeting Date: April 10, 2024

1. The Board recognized James E. Jenkins, Director of Airports for San Bernardino County, on his retirement.

2. During the Liaison Reports to the Fire District agenda item, Chino Mayor Pro Tern Karen Comstock reported on several community events, including the Residential Community Cleanup Day on April 13, the Kiwanis Corn Feed Run Car Show & Cruise on April 27 at the Chino Civic Center, and the Chino State of the City on May 14.

3. Director Haughey asked for Mayor Pro Te m Comstock’s insight regarding the transfer of death row inmates from San Quentin to the California Institution for Men (CIM) in Chino. Mayor Pro Tem Comstock responded with her experience as the retired Police Chief of Chino, stating that in its current state, CIM is not equipped to handle Level 4 inmates . Given its condition, CIM was designed only to handle Level 2 inmates. A discussion ensued about the possible outcomes and dangers the community may face with the incoming inmates and the additional measures needed to reduce the possibility of a worst- case scenario.

4. The Board adopted Resolution 2024 -06, which includes the list of properties declared for weed abatement, on a 5 -0 vote. Non-compliant property owners will receive a Notice to Destroy Weeds that outlines actions, compliance deadlines, and the availability of a Public Hearing process. Spring inspections for weed abatement begin May 6, and Fall inspections begin in September.

5. The Board approved the following on a 5-0 vote:
a. Resolution No. 2024-04 Budget Amendment No. 2, allocating FY 2023 budget surplus funds toward the reduction of pension liabilities.
b. Resolution No. 2024-05, adjusting the Fiscal Year 2023 -24 Amended Budget by adopting Budget Amendment No. 3. The most significant budget adjustment reflects higher than budgeted mutual aid response recoveries as well as an increase in Workers Comp insurance expenditures. The amendment also includes a positive adjustment reflecting interest revenues of an additional $538,000 due to favorable market conditions and increased investment activity , as well as an adjustment for District revenues.

6. The CONFIRE Ground Ambulance Implementation Team reported that there are 65 members working on the Implementation Team to bring the project to fruition. CONFIRE Emergency Medical Services (EMS) and Mobile Health offices are currently located in the City of Redlands; long -term lease agreements are being worked on by the team. The Public Affairs Team is working with local Fire Chiefs on a social media video release to educate the communities with the "What to Expect Day 1" campaign. Local Fire Chiefs will record a video with a unified message of what the community can expect on October 1 and beyond from the new ambulance contract. The Implementation Team continues to meet with area stakeholders, including all hospitals within the community, as we seek to work collaboratively to improve patient outcomes and expe riences. CONFIRE Emergency Medical Services (EMS) and Mobile Health have been engaged heavily in talent acquisition through a robust hiring initiative and continue to work on their recruitment plan over the next several months to ensure staffing meets the needs of the communities at 17 MONTHLY AGENCY REPORTS – JUNE 18, 2024 (Covering Meetings from 4/1/24 – 4/30/24) PAGE 4

large.

7. Board members reported attending numerous regional events and meetings, including several in the City of Chino.

Next anticipated meeting date: May 8, 2024

CHINO VALLEY UNIFIED SCHOOL DISTRICT
Council Representative: Curtis Burton | Staff Report By: Vivian Castro Meeting Date: April 18, 2024

1. During the “Recognitions” portion of the Board of Education agenda, City of Chino Mayor Ulloa congratulated the school district for being a model Professional Learning Community at Work District and presented a certificate to the Board.

2. During the “Comments from Employee Representatives” item, Brenda Walker, A.C.T. President, thanked the school community for the outpouring of support for members during negotiations . She said A.C.T. came to an agreement with the District, and members are in the process of voting on whether to ratify the agreement. She noted that if it is ratified, they hope the school Board votes favorably to approve the agreement. She stated the Association will continue to need support on Special Education.

3. As part of the Consent Calendar, the Board a pproved (4-0, Na absent) the Change Order for Bid No. 22- 23-08f, Preserve II School - New Construction, BP 03-01, for the construction of a new Preserve II school.

Next anticipated meeting date: May 2, 2024
CHINO VALLEY UNIFIED SCHOOL DISTRICT – Measure G Oversight Committee Council Representative: Karen Comstock | Staff Report By: Silvia Avalos No meeting during this reporting period.

Next anticipated meeting date: May 1, 2024
CITIZEN’S COMMITTEE FOR CIM & CIW
Council Representative: Marc Lucio | Staff Report By: Aaron Kelliher Meeting Date: April 9, 2024
During the Warden’s Roundtable, the associate warden shared that the prison had received several death row inmates and that they anticipated receiving more inmates from San Quentin in the near future. According to CDCR, this movement of condemned inmates to other institutions is part of Proposition 66, which was supposed to speed the appeal process to 5 years on death sentences but also included a provision to allow condemned inmates to work prison jobs to “repay” their victims. CDCR took this provision to mean that they had to cl ose death row and transfer inmates to other facilities to allow for “programming” for condemned inmates as long as they are housed in at least a level 2 facility with a lethal electrified fence (LEF).

PD staff met with CIM staff, along with other public safety officials, to discuss Chino PD concerns. City staff and elected officials have begun engaging the CDCR and state elected officials to address our well-founded concerns with CIM's dilapidated condition and the safety risk the prison poses when dealing with the condemned inmate 18 MONTHLY AGENCY REPORTS – JUNE 18, 2024 (Covering Meetings from 4/1/24 – 4/30/24) PAGE 5

population.

Next anticipated meeting date: June 11, 2024

INLAND EMPIRE UTILITIES AGENCY REGIONAL SEWERAGE PROGRAM Council Representative: Eunice Ulloa | Staff Report by: Dave Crosley Meeting Date: April 4, 2024
The Policy Committee received two information al reports, 1) a Semi-Annual Grants Update, and 2) the Ten- Year Capital Improvement Plan & Ten-Year Sewer Capital Forecast (FY 24/25 - 33/34) Report.

Since the Year 2000, IEUA has executed a total of $958M in grants and loans, $417M of which correspond to completed projects.

The Ten-Year Sewer Capital Forecast (TYSCP) describes wastewater flow forecasts, facilities capacities, and descriptions of planned wastewater capital projects and associ ated cost estimates. T he Ten -Year Capital Improvement Plan (TYCIP) is a planning tool used to outline IEUA’s capital prio rities based on the need to ensure service reliability and meet regulatory requirements. The TYCIP describes a total of $1.63B in capital improvement proje cts, $688M of which is attributable to IEUA’s Chino Basin Program recyc led water advanced tre atment and groundwater storage initiati ve (not including facilities that wo uld be needed to extract the stored water from the groundwater basin). Several Policy Committee members expressed concern regarding the estimated c ost asso ciated with the TYCIP, encouraging IEUA to seek cost reductions. IEUA indicated it is conducting a rate study and invites retail agency participation.

Next anticipated meeting date: May 2, 2024
LEAGUE OF CALIFORNIA CITIES – I nland Empire Division
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: June 13, 2024
LEAGUE OF CALIFORNIA CITIES – Legislative Task Force
Council Representative: Karen Comstock | Staff Report by: Vivian Castro No meeting during this reporting period.

Next anticipated meeting date: No meeting scheduled.

OMNITRANS BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: April 3, 2024
No significant items relevant to the City of Chino to report.

Next anticipated meeting date: May 1, 2024
19 MONTHLY AGENCY REPORTS – JUNE 18, 2024 (Covering Meetings from 4/1/24 – 4/30/24) PAGE 6

ONTARIO INT ERNATIONA L AIRPORT AUTHORITY (OIAA) INTER -AGENCY COLLABORATIVE (ROUNDTABLE)
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez No meeting during this reporting period.

The Ontario International Airport Authority (OIAA) board members selected Curt Hagman to serve as the Board's Vice President. As Vice President, Hagman will continue to play an active role in driving the growth and success of Ontario International Airport (ONT). Hagman's efforts will include advancing key initiatives aimed at enhancing passenger experience, fostering airline partnerships, and promoting economic development in the region.

Next anticipated meeting date: No meeting scheduled.

SAN BERNARDINO COUNTY SOLID WASTE ADVISORY TASK FORCE
Council Representative: Karen Comstock | Staff Report by: Xo chitl Huerta Meeting Date: April 17, 2024
No report (staff unavailable to attend).

Next anticipated meeting date: No meeting scheduled.

SBCTA – San Bernardino Co. Transportation Authority Board of Directors Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: April 3, 2024
No significant items relevant to the City of Chino to report.

Next anticipated meeting date: May 1, 2024
SBCTA – City Selection Committee
Council Representative: Eunice Ulloa | Staff Report by: Jackie Melendez Meeting Date: April 3, 2024
The City Selection Committee meeting to elect a Mayor for the Chair and for the Vice Chair of the City Selection Committee and a Mayor or Council Member to serve as the LAFCO Primary Member was held on April 3, 2024. City of Montclair Mayor John Dutrey was elected as Chair of the City Selection Committee. City of Fontana Mayor Acquanetta Warren was elected as Vice Chair of the City Selection Committee and re - elected to serve as a LAFCO Primary Member.

Next anticipated meeting date: No meeting scheduled.

SCAG – General Assembly
Council Representative: Marc Lucio | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: May 2-3, 2024
20 MONTHLY AGENCY REPORTS – JUNE 18, 2024 (Covering Meetings from 4/1/24 – 4/30/24) PAGE 7

Santa Ana Watershed Advisory Council
Council Representative: Chris Flores | Staff Report by: Dave Crosley No meeting during this reporting period.

Next anticipated meeting date: No meeting scheduled.

Water Facilities Authority Board of Directors
Council Representative: Eunice Ulloa | Staff Report by: D ave Crosley No meeting during this reporting period.

Next anticipated meeting date: May 16, 2024
West Valley Mosquito and Vector Control District
Council Representative: Chris Flores | Staff Report by: V ivian Castro Meeting Date: April 23, 2024

1. Staff reports related to field operations, vector disease and surveillance, and IT/community outreach activities were presented to the Board. The reports showed seven service requests, 498 inspections, and 164 treatments in Chino for February and March.

2. The Board held discussions regarding Resolution No. 2024 -02, to Revise Public Records Act Request Guidelines; Resolution No. 2024-03, Affirming the District’s Conflict of Interest Code; and Resolution No. 2024-04, Amend ing the Claims Procedure . Resolutions 2024- 02, 2024- 03 and 2024 -04 passed unanimously as presented.

Next anticipated meeting date: May 28, 2024
21 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 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 771080 to 771205, and Electronic Fund Transfers 519440E to 519487E, totaling $1,161,686.46. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 23-24 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:
 Financial Stability

Revenue:

Expenditure:

Transfer In: Transfer Out:
22 CITY COUNCIL MEETING DATE: JUNE 18, 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. 771080 – 771205 6/4/24 23-24 $930,188.73

2. 519440E – 519487E 6/7/24 23-24 $231,497.73

E: Electronic Fund Transfer
TOTAL $1,161,686.46

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

RB:hm
Attachment

23 Council Meeting 6/18/24

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

Check
Number
Check Date Vendor Name Description Amount

771116 06/04/2024 CT & T CONCRETE PAVING INC AS NEEDED CONCRETE MAINTENANCE $122,386.34 771135 HAZEN AND SAWYER WA231 - WELLS 4 & 6 TREATMENT $215,379.75 771148 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE PARK/FAC $71,365.00
771170 PIPE TEC, INC. CITYWIDE SEWER MAIN TELEVISING $56,595.07 771204 WASTE MANAGEMENT LANDFILL/ORGANICS/ADDITIONAL W $98,292.28 519465 06/07/2024 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $53,157.50

6 TOTAL $617,175.94

24 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

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

SUBJECT
..titl e
Minutes.
..end
..body

25 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JUNE 4, 2024

MINUTES
CLOSED SESSION – 4:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The June 4, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:30 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, and Council Member Christopher Flores
ABSENT: Council Member Marc Lucio

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

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

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 Number of Potential Cases: One

2. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6:

Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management.

Employee Organizations: Chino City Hall Confidential Employee Association; Chino Police Professional Employees Association; Teamsters Local1932 Professioinal, Technical and Clerical Unit; American Federation of State, County, and Municipal Employees (AFSCME District Council 36 - Local 3183); Unrepresented Management; and Part-time Employees.

The City Council recessed to Closed Session at 4:31 p.m. and concluded at 6:01 p.m. The City Council reconvened the meeting at 6:09 p.m.

FLAG SALUTE
Council Member Burton led the assembly in reciting the Pledge of Allegiance. 26 CHINO CITY COUNCIL
JUNE 4, 2024 2

CEREMONIALS
Presentations
Chino Cultural Foundation's Student Scholarship Recipients. Recognition of Youth Arts, Rose Ann Hammond Memorial, and Gretchen Hartt McCombs Memorial Music Scholarship Recipients.

Mayor Ulloa called up Jeff Werner, Chino Cultural Foundation President, for the introduction and recognition of 2024 Chino Cultural Foundation Youth Arts Scholarship recipients Andrew Castaneda, Angelo Gibbs, Catherine Gruen, Milena Leonis, and Chloe Utterback, and the 2024 Rose Ann Hammond Memorial Scholarship recipient Jacob "Aster" Lopez, and the 2024 Gretchen Hartt McCombs Memorial Music Scholarship recipient Abby Lane and Kelsey Rhebergen.

Business of the Month. Award of Business of the Month for June 2024 to Hottinger Family Meats.

Mayor Ulloa presented the June 2024 Business of the Month Award to Hottinger Family Meats.

Ben and Michael Hottinger were present to accept the award.

Mayor’s Home Beautification Award. Award of Mayor’s Home Beautification Award for June 2024.

Mayor Ulloa announced the June 2024 Mayor's Beautification Award winner as Mr. and Mrs.

Stan of Kennedy Court who were unable to attend the meeting, but ensured staff will deliver their award.

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

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 Number of Potential Cases: One
The City Council received an update, provided direction, and no further reportable action was taken.

2. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6:

Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management.

The City Council received an update, and no further reportable action was taken. 27 CHINO CITY COUNCIL
JUNE 4, 2024 3

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

PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following scheduled community events:

Annual Go Skateboarding Day, at Ayala Skate Park, 5575 Edison Avenue on Friday, June 21, 2024, from 3:00 p.m. to 6:00 p.m. For more information, call 909-334-3257.

Chino Summer Movie Nights will kick off on the City Hall lawn Friday, June 14, 2024, at 6:30 p.m. For more information, call 909-334-3258 or visit www. cityofchino.org/movies.

The Chino Kiwanis Club Summer Concerts will take place on the City Hall lawn on Thursdays starting June 13, 2024, with a special season finale on July 26, 2024 at Founders Park, located at 851 W. Preserve Loop. For more information, visit www.cityofchino.org/concerts or visit the Chino Kiwanis Club website.

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

Melissa Compani, Representative, San Bernardino County Fourth District Supervisor Curt Hagman, announced updates and upcoming events.

Sharon Duran, Chino resident, thanked Council Member Flores for providing community services information.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 770749 to 771079, and Electronic Fund Transfers 519314E to 519439E, totaling $6,910,737.31.

2. Minutes. Approve Minutes for a) Regular Meeting on May 21, 2024 (All Members Present) and b) Special Meeting on March 20, 2024 (Mayor Pro Tem Comstock Absent-Excused).

4. City Council Meeting Cancellations for the Month August 2024. Authorize staff to cancel the August 6 and August 20, 2024 regular City Council Meetings.

5. November 5, 2024 General Municipal Election. Adopt Resolution No. 2024 -025 and 2024-026 calling for the General Municipal Election to be held on Tuesday, November 5, 2024, for election of certain officers; requesting consolidation of the election; and establishing candidate statement regulations.

6. Adoption of Ordinance No. 2024 -008 and Resolution No. 2024 -021. Approve adoption of Ordinance No. 2024 -008 (Second Reading), adding Chapter 12.24, “Limitation on Use of City Property”, to the Chino Municipal Code and approve Resolution No. 2024 -021 establishing limits on access to City owned or controlled property.

7. Approve a Service Agreement for Accela Migration and Upgrade to Software as a Service (SaaS). Approve a Service Agreement with Accela, Inc. of San Ramon, California, in the amount of $78,000.00 for the migration to Accela's Software as a Service (SaaS). 28 CHINO CITY COUNCIL
JUNE 4, 2024 4

8. Notice of Completion - Street Rehabilitation Project - Pipeline Ave (ST162) and Traffic Signal Modification Project - Grand Avenue at Spectrum East and West (TR171). Accept the Street Rehabilitation Project – Pipeline Ave (ST162) and Traffic Signal Modification Project – Grand Avenue at Spectrum East and West (TR171), with Sequel Contractor, Inc., Santa Fe Springs, CA, Contract 2022-062 as complete.

Motion by Council Member Flores, seconded by Council Member Burton, to approve the Consent Calendar items 1-8 as presented. The motion carried by the following vote:

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

ABSENT: LUCIO

PUBLIC HEARING

9. Community Development Block Grant (CDBG) 2024 -2025 Annual Action Plan. Conduct a Public Hearing and Approve the 2024-2025 One-Year Action Plan for the CDBG Program.

Staff Report By: Traci Rossetti-Smith, Senior Management Analyst RECOMMENDATION: 1) Conduct a public hearing to receive testimony and approve the 2024-2025 One-Year Action Plan for the Community Development Block Grant (CDBG) Program; 2) carryover funds in the amount of $125,591.65 of unexpended funds from Program Year 2022-2023, $31,500 (G6231) for the completion of the Economic Development Facade Program and $219,256 for the completion of the Alley Improvement Project (SN240); 3) authorize the City Manager to execute all required United States Department of Housing and Urban Development (HUD) documents and submit the 2024-2025 CDBG One-Year Action Plan to HUD; and 4) authorize staff to complete all federal environmental reviews per 24 Code of Federal Regulations (CFR), Part 58.

Mayor Ulloa opened the public hearing.

Traci Rossetti-Smith, Senior Management Analyst, provided a report on the item.

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

Motion by Council Member Burton, seconded by Mayor Pro Tem Comstock, to 1) Conduct a public hearing to receive testimony and approve the 2024 -2025 One-Year Action Plan for the Community Development Block Grant (CDBG) Program; 2) carryover funds in the amount of $125,591.65 of unexpended funds from Program Year 2022 -2023, $31,500 (G6231) for the completion of the Economic Development Facade Program and $219,256 for the completion of the Alley Improvement Project (SN240); 3) authorize the City Manager to execute all required United States Department of Housing and Urban Development (HUD) documents and submit the 2024 -2025 CDBG One-Year Action Plan to HUD; and 4) authorize staff to complete all federal environmental reviews per 24 Code of Federal Regulations (CFR), Part 58. The motion carried by the following vote:

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

ABSENT: LUCIO
29 CHINO CITY COUNCIL
JUNE 4, 2024 5

NEW BUSINESS

10. Annual Contract Amendments/Renewals and Blanket Purchase Orders. Authorize the annual contract amendments or renewals, issue blanket purchase orders, and authorize the City Manager to execute all necessary documents on behalf of the City.

Staff Report By: Jizelle Sandoval, Purchasing Manager
RECOMMENDATION: Authorize the annual contract amendments or renewals, issue blanket purchase orders, and authorize the City Manager to execute all necessary documents on behalf of the City.

Jizelle Sandoval, Purchasing Manager, provided a report on the item.

Motion by Council Member Burton, seconded by Mayor Pro Tem Comstock, to Authorize the annual contract amendments or renewals, issue blanket purchase orders, 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, AND FLORES
NOES: NONE.

ABSENT: LUCIO

11. Award of Contract - Citywide Tree Trimming and Tree Maintenance Services. Award a Professional Services Agreement to West Coast Arborists, Inc., Anaheim, CA for Citywide Tree Trimming and Tree Maintenance Services in the amount of $999,976 with a five-year term.

Staff Report By: Sal Parra, Public Works Supervisor
RECOMMENDATION: Award a Professional Services Agreement with West Coast Arborists, Inc., Anaheim, CA, for Citywide Tree Trimming and Tree Maintenance Services, in the amount of $999,976 with a five -year term and authorize the City Manager to execute all necessary documents on behalf of the City.

Sal Parra, Public Works Supervisor, provided a presentation on the item.

Mayor Ulloa inquired regarding the budget totals provided in the presentation. Director of Public Works Hye Jin Lee and Public Works Services Manager Ben Orosco provided additional clarification on the adopted budget and cost breakdown based on the average estimate of trimmed trees.

Mayor Pro Tem Comstock asked if the contract was evaluated to include increased tree trimming frequency to address the concerns associated with the annual high winds, and Mr.

Parra confirmed it was.

Motion by Council Member Flores, seconded by Mayor Pro Tem Comstock, to Award a Professional Services Agreement with West Coast Arborists, Inc., Anaheim, CA, for Citywide Tree Trimming and Tree Maintenance Services, in the amount of $999,976 with a five-year term 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, AND FLORES
NOES: NONE.
30 CHINO CITY COUNCIL
JUNE 4, 2024 6
ABSENT: LUCIO

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events since the last meeting that included the Public Works Employee Luncheon; Buena Vista High School Graduation; Memorial Day event; Chino Desalter Authority Finance Committee meeting; West End Mayor's Roundtable meeting; meeting to discuss Inland Valley Human Society Contract; Chino Valley Fire Station 68 Groundbreaking; CSPR Commission interviews; and the San Bernardino County Transit Authority Board of Directors Chair/Vice Chair Selection.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock congratulated the Cultural Foundation Scholarship award recipients and the Hottinger Family Meats for being awarded the Business of the Month.

Council Member Burton
Council Member Burton reported on the following meetings and events since the last meeting that included the Public Works Department Luncheon; Memorial Day event; meeting with a resident; Chino Valley Fire Station 68 Groundbreaking; CSPR Commission interview; Closed Session; Congratulated Hottinger Family Meats for being awarded Business of the Month; and thanked staff for installing lights above the City of Chino Mission Statement in the Council Chambers.

Council Member Flores
Council Member Flores reported on the following meetings and events since the last meeting that included the Public Works Department Luncheon; Memorial Day event; Congratulated Commander Huizar who will be honored as the Assemblymember Freddy Rodriguez's Veteran of the Year; Pups at the park at Dodgers stadium; Congratulated Hottinger Family Meats for being awarded the Business of the Month.

Council Member Lucio
Council Member Lucio was absent (excused).

City Manager's Report
City Manager Reich announced the Chino Kiwanis Club Summer Concert on the Lawn schedule.

City Attorney's Report
City Attorney Galante had no report.

Police Chief's Report
Chief Mensen and Hye Jin Lee, Director of Public Works reported on the road closure on Ramona Avenue due to City water service line damage caused by a contractor and explained they are in the process of determining the remediation steps planned to address the damage, traffic control, and restoration schedule.
31 CHINO CITY COUNCIL
JUNE 4, 2024 7
Mayor Ulloa asked if the contractor will be held responsible for damages and Ms. Lee confirmed staff is in discussion with the contractor. City Attorney Galante reported the City is assessing their options to address liability concerns.

Chief Mensen provided an update on the purchase of a bloodhound dog that will be assigned to the Chino Police Department patrol division.

Council Member Burton asked for a brief report on the recent homicide incident, and Chief Mensen confirmed the two suspects were apprehended within 14 hours of the incident.

Fire Chief's Report
Fire Chief Dave Williams provided an update on the Fire Station 68 Groundbreaking event and announced the ambulance program is tentatively scheduled to begin in early October; and announced the new fire department promotions.

ADJOURN
The meeting adjourned at 7:10 p.m. The next Regular Meeting of the City Council will be held on Tuesday, June 18, 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 18TH DAY OF JUNE 2024.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
32 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 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.

 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:
33 CITY COUNCIL MEETING DATE: JUNE 18, 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

34 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
June 13, 2024 League of California
Cities Inland Empire
Division Luncheon
Chino, CA Mayor Ulloa
Mayor Pro Tem
Comstock
Council Member
Burton
Council Member
Flores

35 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

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

SUBJECT
..titl e
Report on State and Federal Legislative Issues.
..end

RECOMMENDATION
Receive and file the Tracked State Legislation report dated June 4, 2024; the attached position letters on legislation; the High Priority Legislative Items Report, and the Washington Update. ..body

FISCAL IMPACT
There is no fiscal impact.

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:
 Positive City Image
 Financial Stability
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

36 CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: REPORT ON STATE AND FEDERAL LEGISLATIVE ISSUES.

PAGE: 2

BACKGROUND
On April 2, 2024, the City Council adopted the Citywide Legislative Policy, which details guiding principles organized around respective legislative, policy, and regulatory matters. It supplements the Citywide Strategic Plan to build an effective and flexible legislative advocacy strategy.

The Policy authorizes Staff to formulate and approve official City responses for those legislative items with potentially significant impact on the City or that create an issue of timeliness for an official response, with the qualification that the position is determined to be consistent with the City’s legislative policy.

Per the Policy, t he Committee or Staff is to report to the City Council on any updates, recommendations, or actions taken by the Committee or Staff.

ISSUES/ANALYSIS
The attached June 4, 2024 , Tracked State Legislation Report (Attachment 1) reflects City positions on active bills in the second year of the 2023-24 State legislative session . City positions are based on the Citywide Legislative Policy and/or Legislative Policy Committee and City Council direction.

Position letters recently submitted by the City are found in Attachment 2.

The High Priority Legislative Items Report includes other legislative and government relations issues of note to the City (Attachment 3).

The Washington Update (Att achment 4) includes the most recent report(s) on federal actions and news.

37 1

Tracked Legislation by Measure
As of June 4, 2024

AB 296 (Rodriguez, D) Office of Emergency Services: 9-1-1 Public Education Campaign.

Current Text: 06/29/2023 - Amended HTML PDF
Last Amended: 06/29/2023
Status: 09/01/2023 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/14/2023)(May be acted upon Jan 2024)
Location: 09/01/2023 - Senate 2 YEAR
Summary: This bill establishes the 911 Public Education Campaign which is administered by the Office of Emergency Services within the Office of the Governor. This campaign has the goals of educating the public on when to use 911 for various emergencies, reducing unnecessary calls to 911 call centers, and reducing delays in the 911 system. The campaign focuses on giving local public agencies the ability to tailor the message to their specific area, including incorporating social media, and distributing the message to the public via local public agency channels. (Based on 06/29/2023 text) Position: Support
Priority: (4) Standard
Subject: Public Safety

AB 817 (Pacheco, D) Open meetings: teleconferencing: subsidiary body.

Current Text: 05/29/2024 - Amended HTML PDF
Last Amended: 05/29/2024
Status: 05/29/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV.

Calendar: 06/05/24 S-LOCAL GOVERNMENT 9:30 a.m. - 1021 O Street, Room 2200 DURAZO, MARIA ELENA, Chair Location: 05/01/2024 - Senate Local Government
Summary: The Ralph M. Brown Act stipulates that legislative bodies of local agencies must publicly notify about their meetings, allow public attendance unless a secret meeting is authorized, and adhere to certain requisites for teleconferencing. During teleconferencing, a majority of the legislating body should be within the jurisdiction of the local agency. The law permits alternative teleconferencing rules during emergencies and, until January 1, 2026, in specific scenarios. These situations demand unique requirements for transparency, agenda-setting, and public involvement when employing such teleconferencing provisions. A new bill, valid until January 1, 2026, permits a subsidiary body to use congruent teleconferencing rules, imposing requirements for notifications, agenda and public participation. The bill mandates the agency to assign at least one staff member at a designated physical site during the meeting, and the members of the subsidiary body must appear visibly on camera during the public portion of a web-accessible meeting. (Based on 05/29/2024 text)
Subject: Governance

AB 1034 (Wilson, D) Law enforcement: facial recognition and other biometric surveillance.

Current Text: 05/01/2023 - Amended HTML PDF
Last Amended: 05/01/2023
Status: 09/14/2023 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/11/2023)(May be acted upon Jan 2024)
Location: 09/14/2023 - Senate 2 YEAR
Summary: This bill would establish new policies and procedures to ensure that body-worn cameras worn by peace officers are used properly. It requires all law enforcement agencies, departments, or entities to consider best practices when establishing policies for body-worn cameras. It would also prohibit any biometric surveillance systems or other data- 38 2

collection technology from being used with officer cameras. Furthermore, it grants people the right to sue any law enforcement agency or officer who violates this prohibition. These provisions currently expire on January 1, 2027. (Based on 05/01/2023 text)
Position: Oppose
Priority: (3) Significant
Subject: Public Safety

AB 1318 (Rivas, Luz, D) California Environmental Quality Act: exemption: residential projects.

Current Text: 02/16/2023 - Introduced HTML PDF
Status: 07/14/2023 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was E.Q. on 5/31/2023)(May be acted upon Jan 2024)
Location: 07/14/2023 - Senate 2 YEAR
Summary: CEQA is a law in California that require a lead agency to prepare a report to assess how a project, such as a housing construction, will impact the environment. If the lead agency decides that the project will not have a significant effect, a negative declaration is made; if revisions in the project may avoid or mitigate the effect, a mitigated negative declaration is issued. Currently, a residential project on an urbanized infill site that is not more than 4 acres in total area is exempt from CEQA requirements. This bill expands this exemption such that a project not more than 5 acres in total area would qualify for the exemption. Additionally, a lead agency approving a qualified residential project must file a notice of exemption with the Office of Planning and Research. This will impose a cost on local agencies, but the California Constitution requires that the state reimburse local agencies and school districts for these costs. This bill states that no reimbursement is required by it. (Based on 02/16/2023 text) Position: Oppose
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 1505 (Rodriguez, D) California Earthquake Authority: closed meetings.

Current Text: 06/03/2024 - Amended HTML PDF
Last Amended: 06/03/2024
Status: 06/03/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on INS.

Location: 05/08/2024 - Senate Insurance
Summary: This text describes the Bagley-Keene Open Meeting Act, a law that requires all meetings of a state body to be open and public, with some exceptions. One of these exceptions is for the California Earthquake Authority (CEA), which is allowed to have closed sessions in certain situations, such as when discussing rates or competitive strategy. This bill would also allow the CEA's governing board or advisory panel to hold a closed session with a 2/3 vote and requires them to report on the closed session. The bill makes findings that show the need for protecting the CEA's interests when limiting public access to their meetings. (Based on 06/03/2024 text)
Position: Support
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 1772 (Ramos, D) Theft.

Current Text: 04/03/2024 - Amended HTML PDF
Last Amended: 04/03/2024
Status: 05/16/2024 - Failed Deadline pursuant to Rule 61(b)(8). (Last location was APPR. SUSPENSE FILE on 4/24/2024) Location: 05/16/2024 - Assembly DEAD
Summary: In basic terms, the current law says that stealing property, money, or labor is a crime. The severity of the punishment depends on the value of the stolen items. If the value is under $950, it is considered petty theft and punishable by a fine and misdemeanor charge. If the value is over $950, it is considered grand theft and can be charged as a misdemeanor or felony. A new bill would require the government to keep track of how many people are convicted of theft from retail stores during the COVID-19 pandemic and report it to the Legislature by 2026. (Based on 04/03/2024 text) Priority: (4) Standard
Subject: Public Safety

AB 1779 (Irwin, D) Theft: jurisdiction.

Current Text: 04/25/2024 - Amended HTML PDF
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Last Amended: 04/25/2024
Status: 05/29/2024 - Referred to Coms. on PUB S. and APPR.

Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair Location: 05/29/2024 - Senate Public Safety
Summary: According to the current law, there are different kinds of theft such as petty theft, grand theft, and shoplifting.

Other crimes like robbery and burglary are also defined. The law also specifies which county can prosecute a theft case based on where the offence took place, where the stolen goods were found, or where the defendant contributed to the theft.

However, this only applies to prosecutions brought by the Attorney General. The proposed bill would remove this limitation and allow cases to be brought by someone else as long as they have evidence and the agreement of all district attorneys involved. If there is no agreement, the charged offenses will be returned to the appropriate jurisdiction for prosecution. (Based on 04/25/2024 text)
Priority: (4) Standard
Subject: Public Safety

AB 1794 (McCarty, D) Crimes: larceny.

Current Text: 04/11/2024 - Amended HTML PDF
Last Amended: 04/11/2024
Status: 05/29/2024 - Referred to Com. on PUB S.

Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair Location: 05/29/2024 - Senate Public Safety
Summary: This text explains a current law called the Safe Neighborhoods and Schools Act, which was approved by the voters in 2014. This law states that stealing money, labor, or property worth less than $950 is considered petty theft and is punished as a misdemeanor. However, if the stolen property is worth more than $950, it is considered grand theft and can be punished as a misdemeanor or a felony. This law also clarifies that if someone commits multiple thefts totaling more than $950, they can be charged with grand theft even if the thefts occurred in different places or from different victims. The text also mentions a new bill that would allow counties to have a program where retailers can submit information about thefts directly to the district attorney through an online portal. This bill also requires participating counties to evaluate the program and report back to certain committees. (Based on 04/11/2024 text) Priority: (4) Standard
Subject: Public Safety

AB 1802 (Jones-Sawyer, D) Crimes: organized theft.

Current Text: 04/01/2024 - Amended HTML PDF
Last Amended: 04/01/2024
Status: 05/29/2024 - Referred to Com. on PUB S.

Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair Location: 05/29/2024 - Senate Public Safety
Summary: This text discusses changes to existing law regarding organized retail theft. Until January 1, 2026, a person could be charged with a misdemeanor or felony for participating in organized retail theft, which includes stealing merchandise with others and intending to sell or return it, receiving or possessing stolen merchandise with others, or being an agent for someone else's theft plan. This new bill proposes to extend the crime of organized retail theft indefinitely. This may create a new program that local authorities must enforce. (Based on 04/01/2024 text) Priority: (4) Standard
Subject: Public Safety

AB 1814 (Ting, D) Law enforcement agencies: facial recognition technology.

Current Text: 05/06/2024 - Amended HTML PDF
Last Amended: 05/06/2024
Status: 05/29/2024 - Referred to Coms. on PUB S., JUD. and APPR.

Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair Location: 05/29/2024 - Senate Public Safety
Summary: This legislation pertains to state and local law enforcement agencies and covers various topics, such as the selection and training of peace officers, record keeping, use of force, and equipment guidelines. As of January 1, 2023, law enforcement agencies were not allowed to use real-time facial recognition technology (FRT) with body-worn cameras. This proposed bill would further prohibit the use of FRT-generated matches as the only justification for arresting, searching, or 40 4

obtaining a warrant. In the event of a violation of this law, a court may grant up to $25,000 in damages and reasonable legal fees to the affected individual. (Based on 05/06/2024 text) Priority: (5) Track/Watch
Subject: Public Safety

AB 1820 (Schiavo, D) Housing development projects: applications: fees and exactions.

Current Text: 04/29/2024 - Amended HTML PDF
Last Amended: 04/29/2024
Status: 05/29/2024 - Referred to Coms. on L. GOV. and HOUSING.

Calendar: 06/11/24 S-LOCAL GOVERNMENT 9 a.m. - State Capitol, Room 113 DURAZO, MARIA ELENA, Chair Location: 05/29/2024 - Senate Local Government
Summary: According to existing law, when applying for a housing development project, the city or county must consider the preliminary application when it includes specific information about the project. This bill adds a new provision that allows the development proponent to request a preliminary fee and exaction estimate, which the local agency must provide within 30 business days. For other agencies, the development proponent must request the fee schedule and the agency must provide it within 30 business days. However, this estimate is only for informational purposes and does not affect the actual fees or payments. Under existing law, the public agency must determine within 30 calendar days if a development project application is complete and inform the applicant in writing. With final approval of a housing development project, the public agency must provide the development proponent with an itemized list of fees and exactions within 30 business days. For other agencies, the development proponent must request the total fees and exactions from the agency, which they must provide within 30 business days. Existing law also requires cities and counties to make certain information, such as fees and affordability requirements, available on their websites. This bill clarifies that these requirements only apply to cities and counties, not other entities. (Based on 04/29/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 1845 (Alanis, R) Crimes: Grant program for identifying, apprehending, and prosecuting resale of stolen property.

Current Text: 02/21/2024 - Amended HTML PDF
Last Amended: 02/21/2024
Status: 05/16/2024 - Failed Deadline pursuant to Rule 61(b)(8). (Last location was APPR. SUSPENSE FILE on 4/24/2024) Location: 05/16/2024 - Assembly DEAD
Summary: This text discusses an existing law that was updated by the Safe Neighborhoods and Schools Act. This law makes it a crime to buy, receive, conceal, sell, or withhold property that has been stolen or obtained through theft or extortion, if the person knows that it was obtained in this way. This crime can be punished as a misdemeanor or felony, with a misdemeanor charge being given if the value of the stolen property is less than $950. The Board of State and Community Corrections oversees various programs related to the criminal justice system, and a new bill would create a grant program for investigating and prosecuting stolen property and criminal profiteering. The Board would be required to report on the impact of this grant program to the Legislature. However, this new program would only be in effect if there is funding allocated through the annual Budget Act or another statute. (Based on 02/21/2024 text) Priority: (4) Standard
Subject: Public Safety

AB 1886 (Alvarez, D) Housing Element Law: substantial compliance: Housing Accountability Act.

Current Text: 04/15/2024 - Amended HTML PDF
Last Amended: 04/15/2024
Status: 05/29/2024 - Referred to Com. on HOUSING.

Location: 05/29/2024 - Senate Housing
Summary: The Planning and Zoning Law states that cities and counties must create a general plan for land use development, which includes a housing element. This element must comply with the Housing Element Law and be reviewed by the Department of Housing and Community Development. If the department finds issues with the housing element, the city or county must either make changes to comply with the law or provide reasons for why they believe the element still complies. The department then has 60 days to review the adopted housing element or amendment. This new bill would reiterate these requirements and give validity to the department's findings. Additionally, the Housing Accountability Act prohibits local agencies from unreasonably hindering housing developments for low-income households. This bill would clarify that the housing element must already be in compliance at the time of the application. (Based on 04/15/2024 text) Position: Oppose
41 5

Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 1893 (Wicks, D) Housing Accountability Act: housing disapprovals: required local findings.

Current Text: 04/30/2024 - Amended HTML PDF
Last Amended: 04/30/2024
Status: 05/29/2024 - Referred to Coms. on HOUSING and L. GOV.

Location: 05/29/2024 - Senate Housing
Summary: The Planning and Zoning Law mandates that cities and counties have a general plan for land use development, including housing. This plan must be reviewed by the Department of Housing and Community Development to ensure compliance. The Housing Accountability Act prevents local agencies from rejecting housing projects for low-income households unless specific conditions are met. A recent bill has revised the definition of low-income housing and has made certain findings, including the adoption of a housing element in compliance with the law, necessary for disapproving a housing project. The Affordable Housing and High Road Jobs Act allows certain housing projects to be reviewed using objective planning standards and streamlined processes. A new bill has now made it possible for local agencies to reject low-income housing projects if they meet certain criteria, including being located on designated sites and complying with density thresholds. This imposes a state-mandated program, but there is no requirement for reimbursement. (Based on 04/30/2024 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 1954 (Alanis, R) Sexually violent predators.

Current Text: 05/30/2024 - Amended HTML PDF
Last Amended: 05/30/2024
Status: 05/30/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S.

Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair Location: 05/15/2024 - Senate Public Safety
Summary: This law allows for the legal commitment of a person who is determined to be a sexually violent predator. If a committed individual wishes to petition for conditional release, the counsel for the individual and local authorities must assist and consult with the State Department of State Hospitals to find suitable housing within their county of residence. However, under extraordinary circumstances, the individual may be placed in a different county. When the department makes a recommendation for conditional release, they must notify specific individuals and include certain information. This bill would add additional requirements for the involvement of local authorities in the housing process for sexually violent predators. It also specifies that the notification must be sent electronically and by certified mail. (Based on 05/30/2024 text) Priority: (5) Track/Watch
Subject: Public Safety

AB 1960 (Soria, D) Sentencing enhancements: property loss.

Current Text: 05/16/2024 - Amended HTML PDF
Last Amended: 05/16/2024
Status: 05/29/2024 - Referred to Com. on PUB S.

Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair Location: 05/29/2024 - Senate Public Safety
Summary: Beginning on January 1, 2018, a state law required courts to add an extra period of time to the prison sentence of any person who caused harm or destruction to property while committing or attempting to commit a felony. However, as of January 1, 2030, this law will no longer be in effect due to a new bill. This bill includes new sentencing enhancements for those who cause harm or destruction to property while committing or attempting to commit a felony. By implementing these enhancements, this bill will require local programs to be created, as mandated by the state. According to the California Constitution, the state must reimburse local agencies and school districts for certain expenses caused by state mandates.

However, this bill states that no reimbursement will be required for a specific reason. (Based on 05/16/2024 text) Priority: (4) Standard
Subject: Public Safety

AB 1972 (Alanis, R) Regional property crimes task force. 42 6

Current Text: 04/11/2024 - Amended HTML PDF
Last Amended: 04/11/2024
Status: 05/29/2024 - Referred to Com. on PUB S.

Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair Location: 05/29/2024 - Senate Public Safety
Summary: Current legislation permits the Governor to select and officially appoint individuals nominated by a railroad company to the office of police officers. Until January 1, 2026, there's a provision that necessitates the Department of the California Highway Patrol to collaborate with the Department of Justice to assemble a regional property crimes task force.

The primary function of this task force is to pinpoint regions with increased property crimes and to bolster local law enforcement with resources such as manpower and equipment. The proposed bill extends the mandate of the task force to support railroad police, and specifically identifies cargo theft as a property crime which the regional property crime task force should consider. (Based on 04/11/2024 text)
Priority: (4) Standard
Subject: Public Safety

AB 1990 (Carrillo, Wendy, D) Criminal procedure: arrests: shoplifting.

Current Text: 04/16/2024 - Amended HTML PDF
Last Amended: 04/16/2024
Status: 05/24/2024 - In Senate. Read first time. To Com. on RLS. for assignment.

Location: 05/24/2024 - Senate Rules
Summary: Existing law prohibits shoplifting, which is defined as entering a store with the intent to steal while it is open for business, as long as the value of the items taken or intended to be taken does not exceed $950. This law requires that any act falling under this definition be charged as shoplifting and not as burglary or theft. Shoplifting is typically considered a misdemeanor, unless the person has previous convictions for the same crime. Police officers are allowed to make an arrest without a warrant if they have probable cause to believe the person committed the misdemeanor in their presence. Private citizens can also make an arrest for a misdemeanor if it happens in their presence, but they must turn the person over to the police. Merchants are allowed to detain a person they suspect of shoplifting for a reasonable amount of time and in a reasonable manner. There are certain misdemeanors, such as domestic violence, violation of a restraining order, and carrying a concealed firearm at an airport, for which officers can make an arrest without a warrant even if the crime did not happen in their presence. This bill adds shoplifting to that list of misdemeanors. Existing law requires people arrested for misdemeanors to be released with a signed promise to appear in court, unless they ask to be taken before a magistrate.

However, there are exceptions to this rule, such as if the person is intoxicated or needs medical attention, unable to provide identification, or has outstanding arrest warrants. (Based on 04/16/2024 text) Priority: (4) Standard
Subject: Public Safety

AB 2034 (Rodriguez, D) Crimes: loitering for the purpose of engaging in a prostitution offense.

Current Text: 02/01/2024 - Introduced HTML PDF
Status: 04/25/2024 - Failed Deadline pursuant to Rule 61(b)(5). (Last location was PUB. S. on 2/12/2024) Location: 04/25/2024 - Assembly DEAD
Summary: The current legislation, valid until the 1st of January, 2023, considers loitering in public places with the intent to engage in prostitution, a misdemeanor crime. A newly proposed bill would perpetuate this notion, maintaining the act as a misdemeanor and inducing other corresponding changes. This proposal can be viewed as creating a new crime, thereby mandating a state-enforced local program. (Based on 02/01/2024 text) Attachments:

City of Chino Support AB 2034 (Rodriguez).pdf
Position: Support
Priority: (3) Significant
Subject: Public Safety

AB 2035 (Patterson, Joe, R) Sexually violent predators: conditional release.

Current Text: 02/22/2024 - Amended HTML PDF
Last Amended: 02/22/2024
Status: 04/25/2024 - Failed Deadline pursuant to Rule 61(b)(5). (Last location was PUB. S. on 2/12/2024) Location: 04/25/2024 - Assembly DEAD
43 7

Summary: Current legislation permits the civil commitment of convicted offenders identified as sexually violent predators to secure state hospital facilities for treatment. It also allows for their conditional release under certain circumstances, with the State Department of State Hospitals accountable for organizing appropriate community placement. However, the proposed bill would restrict the department from placing an individual released conditionally in a community, unless the person has accommodation in a 'qualified dwelling'. A 'qualified dwelling' is defined as a structure intended for the solo occupancy of an individual or a single family, which is not situated within 10 feet of another residence. (Based on 02/22/2024 text) Priority: (5) Track/Watch
Subject: Public Safety

AB 2117 (Patterson, Joe, R) Development permit expirations: actions or proceedings.

Current Text: 02/05/2024 - Introduced HTML PDF
Status: 05/29/2024 - Referred to Coms. on L. GOV. and HOUSING.

Calendar: 06/11/24 S-LOCAL GOVERNMENT 9 a.m. - State Capitol, Room 113 DURAZO, MARIA ELENA, Chair Location: 05/29/2024 - Senate Local Government
Summary: This legislation discusses the requirements for challenging decisions made by public agencies regarding development permits and project approvals. A proposed bill aims to exclude the time during which legal action is taking place from the expiration period of these permits and approvals. This may impose a state-mandated program, and reimbursement for costs is not necessary for a specific reason. (Based on 02/05/2024 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 2243 (Wicks, D) Affordable Housing and High Road Jobs Act of 2022: objective standards and affordability and site criteria.

Current Text: 06/04/2024 - Amended HTML PDF
Last Amended: 06/04/2024
Status: 06/04/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.

Location: 05/29/2024 - Senate Housing
Summary: The Affordable Housing and High Road Jobs Act of 2022 is a law that allows developers to submit applications for affordable housing or mixed-income housing that meets specific standards and criteria. The development will then be approved without the need for further review, depending on the type of project and its affordability requirements. A new bill is proposing changes to these standards, such as prohibiting the demolition of historic structures and removing restrictions on certain types of land use. The bill will also allow for streamlined approval processes for housing developments near freeways or industrial areas, as long as proper air filtration is provided. The bill also includes provisions for mixed-income developments, including alternative locations and density limitations. Affordability criteria will only apply to the base units of the project, not those added through density bonuses. (Based on 06/04/2024 text) Position: Oppose
Priority: (3) Significant
Subject: Planning, Land Use, Housing

AB 2485 (Carrillo, Juan, D) Regional housing need: determination.

Current Text: 03/19/2024 - Amended HTML PDF
Last Amended: 03/19/2024
Status: 05/23/2024 - In Senate. Read first time. To Com. on RLS. for assignment.

Location: 05/23/2024 - Senate Rules
Summary: This law states that every county and city must create a detailed and long-term plan for the development of their area, including a plan for housing. The Department of Housing and Community Development is responsible for determining the current and future need for housing in each region, using population projections provided by the Department of Finance.

They are also required to work with the Council of Governments to gather necessary data and decide on the best methods for determining housing needs in each region. The Department must share their determinations with the Council of Governments and publish them on their website. This bill would additionally require the Department to also publish their data sources and methods, and assemble an advisory panel to review the data assumptions and methodology used for determining housing needs in each region. (Based on 03/19/2024 text) Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing
44 8

AB 2632 (Wilson, D) Planning and zoning: thrift retail stores.

Current Text: 04/22/2024 - Amended HTML PDF
Last Amended: 04/22/2024
Status: 05/29/2024 - Referred to Com. on L. GOV.

Location: 05/29/2024 - Senate Local Government
Summary: The existing Planning and Zoning Law mandates each county and city to adopt a comprehensive, long-term general plan for its physical development, and permits amendments if deemed in public interest. It allows the legislative body to adopt ordinances regulating the use of buildings and land for varied purposes. The proposed bill would prohibit local agencies from treating thrift retail stores differently from non-thrift stores selling similar items in terms of zoning, development standards, or permitting. It allows agencies to demand aesthetic or design standards compliance from thrift stores, however, they cannot prevent them from receiving used or donated items. This bill would impose additional responsibilities on local officials, leading to the imposition of a state-mandated local program. Despite its mandates, the bill would not prevent valid local rules or regulations on retail establishments. The bill asserts that its proposed changes address a statewide concern, hence relevant to all cities including charter cities. As per the California Constitution, the state is obliged to reimburse local agencies and school districts for certain state-mandated costs. However, this bill does not require reimbursement for a specified reason. (Based on 04/22/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 2715 (Boerner, D) Ralph M. Brown Act: closed sessions.

Current Text: 04/24/2024 - Amended HTML PDF
Last Amended: 04/24/2024
Status: 05/29/2024 - Referred to Coms. on L. GOV. and JUD.

Calendar: 06/05/24 S-LOCAL GOVERNMENT 9:30 a.m. - 1021 O Street, Room 2200 DURAZO, MARIA ELENA, Chair Location: 05/29/2024 - Senate Local Government
Summary: Current legislation, under the Ralph M. Brown Act, demands that all legislative body meetings of a local agency be accessible to the public and allow for public participation. The law also permits these bodies to conduct private sessions concerning threats to public service security. This new bill proposes to extend this authorization to include closed sessions with additional law enforcement or security personnel, as well as threats related to cybersecurity of crucial infrastructure.

The constitution mandates any statute that restricts public access to either meetings or writings of public bodies to justify its necessity. This bill will provide legislative justifications for these restrictions. Additionally, the California Constitution commands that local agencies adhere to any laws modifying or formulating regulations on public records or open meetings to ensure public access. This bill also pledges to make legislative findings upholding these constitutional requirements. (Based on 04/24/2024 text)
Priority: (5) Track/Watch
Subject: Legal and Records Management, Public Safety

AB 2729 (Patterson, Joe, R) Residential fees and charges.

Current Text: 04/25/2024 - Amended HTML PDF
Last Amended: 04/25/2024
Status: 05/29/2024 - Referred to Coms. on L. GOV. and HOUSING.

Calendar: 06/11/24 S-LOCAL GOVERNMENT 9 a.m. - State Capitol, Room 113 DURAZO, MARIA ELENA, Chair Location: 05/29/2024 - Senate Local Government
Summary: This bill would change the current law that governs how local agencies can collect fees for public improvements or facilities in residential developments. Currently, these fees cannot be collected until the final inspection or the issuance of a certificate of occupancy. However, the bill would allow local agencies to collect utility service fees when an application for utility service is received. The bill also adds certain circumstances in which local agencies can collect fees earlier, such as when construction has begun or will begin within 24 months of the issuance of a permit. Ultimately, this bill would limit the collection of fees to only those related to capacity charge connections. (Based on 04/25/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 2814 (Low, D) Crimes: unlawful entry: intent to commit package theft. 45 9

Current Text: 02/15/2024 - Introduced HTML PDF
Status: 05/16/2024 - Failed Deadline pursuant to Rule 61(b)(8). (Last location was APPR. SUSPENSE FILE on 4/17/2024) Location: 05/16/2024 - Assembly DEAD
Summary: According to the current laws, it is considered burglary if a person enters a house, room, apartment, or other designated space with the intention of committing theft or any other felony. The punishment for burglary ranges from 1-6 years in prison. This new bill aims to extend this law to include the curtilage (surrounding area) of a home, specifically targeting individuals attempting to steal packages delivered by mail or carrier. This bill would classify the violation of this law as either a misdemeanor or a felony, and would require the state to provide reimbursement to local agencies for any associated costs. However, the bill also states that no reimbursement would be given for a specific reason. (Based on 02/15/2024 text)
Priority: (4) Standard
Subject: Public Safety

AB 2854 (Irwin, D) Bradley-Burns Uniform Local Sales and Use Tax Law.

Current Text: 04/10/2024 - Amended HTML PDF
Last Amended: 04/10/2024
Status: 05/23/2024 - In Senate. Read first time. To Com. on RLS. for assignment.

Location: 05/23/2024 - Senate Rules
Summary: The Bradley-Burns Uniform Local Sales and Use Tax Law allows counties and cities to collect local sales and use taxes in accordance with the existing Sales and Use Tax Law. As of 2016, local agencies are not permitted to enter into any agreements that would result in the diversion or rebate of these taxes to an individual or company. This bill states that local agencies must provide information about these agreements to the California Department of Tax and Fee Administration and publish it on their website. Failure to do so may result in monetary penalties. This bill also expands the responsibilities of local agencies and as a result, they may be eligible for reimbursement from the state for any costs incurred. (Based on 04/10/2024 text)
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement

AB 2911 (McKinnor, D) Campaign contributions: agency officers.

Current Text: 04/16/2024 - Amended HTML PDF
Last Amended: 04/16/2024
Status: 05/29/2024 - Referred to Coms. on E. & C.A. and APPR.

Location: 05/29/2024 - Senate Elections and Constitutional Amendments Summary: The Political Reform Act of 1974 is a law that prevents government officials from accepting large contributions from individuals or groups while a decision is being made about a license, permit, or other use. This rule applies for 12 months after a decision is made, if the official is aware that the contributor has a financial interest in the matter. If the official violates this rule, they can fix it by returning the amount over $250 within 14 days. The law also stops parties and their representatives from giving more than $250 to an official in the same situation. This proposal suggests increasing the limit to $1500. This law was created to prevent corruption in politics and can be changed by a 2/3 vote in the Legislature with certain procedures. This proposal is in line with the law's purpose. (Based on 04/16/2024 text) Priority: (5) Track/Watch
Subject: Elections and Campaigns

AB 2943 (Zbur, D) Crimes: shoplifting.

Current Text: 05/20/2024 - Amended HTML PDF
Last Amended: 05/20/2024
Status: 05/29/2024 - Referred to Com. on PUB S.

Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair Location: 05/29/2024 - Senate Public Safety
Summary: .. College student, this text explains changes to laws around theft and related crimes. Currently, theft is divided into two categories - grand theft and petty theft. Depending on the severity and value of the stolen property, the punishment can range from a misdemeanor to a felony. However, there are certain cases where it may be unclear which category a theft falls into, such as if the theft involves multiple victims or takes place in different counties. This bill seeks to provide clarification in those situations. Additionally, existing laws also prohibit the possession or receipt of stolen property and punish it as either a misdemeanor or a felony based on the value of the stolen property and the offender's criminal history.

This bill adds a new crime - possessing stolen property with the intent to sell it - and sets the threshold at $950. This includes any property acquired through shoplifting, theft, or burglary from a retail business. If the value of the property 46 10

exceeds $950 and the person has the intent to sell it, they can be charged with a misdemeanor or felony. This bill also allows officers to make an arrest for shoplifting even if it did not occur in their presence. Another change in this bill is that businesses can no longer be sued for reporting retail crimes, unless the report was knowingly false. Additionally, it extends the authorization for diversion or deferred entry of judgment programs for theft offenses until 2031. Lastly, the bill aims to provide resources for rehabilitation for those under 25 who commit petty theft or shoplifting. It allows the court to refer them to a program that addresses their underlying issues. This bill may impose local costs, but reimbursement may be available if the Commission on State Mandates determines that the bill contains mandated costs. (Based on 05/20/2024 text) Priority: (4) Standard
Subject: Public Safety

AB 3171 (Soria, D) Controlled substances: fentanyl.

Current Text: 04/23/2024 - Amended HTML PDF
Last Amended: 04/23/2024
Status: 05/16/2024 - Failed Deadline pursuant to Rule 61(b)(8). (Last location was APPR. SUSPENSE FILE on 5/1/2024) Location: 05/16/2024 - Assembly DEAD
Summary: There are laws that divide drugs into 5 categories and have strict punishments for those in Schedule I. Fentanyl is currently in Schedule II. Possessing a controlled substance for sale can lead to up to 4 years in jail, while transportation and sale can result in 5 years in jail. However, this bill proposes to increase penalties for larger amounts of fentanyl or similar drugs, with potential sentences of up to 9 years for transportation. This bill may require local agencies to implement these penalties, but it will not result in any additional costs for the state to reimburse them. (Based on 04/23/2024 text) Priority: (5) Track/Watch
Subject: Public Safety

AB 3182 (Lackey, R) Land conservation: California Wildlife, Coastal, and Park Land Conservation Act: County of San Bernardino.

Current Text: 04/24/2024 - Amended HTML PDF
Last Amended: 04/24/2024
Status: 05/23/2024 - In Senate. Read first time. To Com. on RLS. for assignment.

Location: 05/23/2024 - Senate Rules
Summary: The California Wildlife Coastal and Park Land Conservation Act, which was approved by voters in 1988, provides money to protect and conserve wildlife, coastal, and parkland areas. This act can be changed by a 2/3 vote if it stays true to its original purpose. People who receive money from this act must keep the land forever and only use it for conservation purposes. The act also allows the County of San Bernardino to sell or exchange their land, but only if certain conditions are met and the land is used for community gardens, education, or conserving wildlife. A new bill has been proposed that would allow the land to also be used for parks, recreation, and preserving historical sites. The county must have a detailed land plan before they can sell or exchange land, and this bill eliminates the specific procedures for using any extra money from these exchanges. The bill also allows for the use of income generated from the protected areas for various purposes, as long as it aligns with the act's goals. (Based on 04/24/2024 text) Attachments:

AB 3182 Support Asm Parks and Wildlife Com
Position: Support
Priority: (2) Priority
Subject: Planning, Land Use, Housing

AB 3209 (Berman, D) Crimes: theft: retail theft restraining orders.

Calendar: 06/11/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair Location: 05/29/2024 - Senate Public Safety
Summary: This proposed bill would allow a court to issue a protective order against a person who is being sentenced for any offense related to theft from a retail store, damaging a retail store, or attacking an employee of a retail store. The order would prohibit the person from entering the store or any other locations associated with the store. Prosecutors and attorneys representing the store can also request this order if the person has been arrested multiple times for these offenses at the same store. Breaking this order would result in a misdemeanor charge. This bill would not require written 47 11

notice for those who violate a retail store restraining order. The state is not obligated to reimburse local agencies or schools for the costs associated with this bill. (Based on 06/04/2024 text) Priority: (4) Standard
Subject: Public Safety

AB 3241 (Pacheco, D) Law enforcement: police canines.

Current Text: 05/16/2024 - Amended HTML PDF
Last Amended: 05/16/2024
Status: 05/24/2024 - In Senate. Read first time. To Com. on RLS. for assignment.

Location: 05/24/2024 - Senate Rules
Summary: This law requires law enforcement agencies to have a policy for using force. This includes using canines, and agencies must follow guidelines from the Commission on Peace Officer Standards and Training. Agencies must also establish a training program approved by the commission. This bill also sets a legal standard for when a canine can be used to apprehend a suspect. Agencies must report any instances of force used by officers to the Department of Justice, and this information will be published annually. Since this bill imposes new duties on local agencies, it is considered a state- mandated program. The Constitution requires the state to reimburse local agencies for these costs, and the bill includes provisions for reimbursement. (Based on 05/16/2024 text) Priority: (5) Track/Watch
Subject: Public Safety

SB 50 (Bradford, D) Vehicles: enforcement.

Current Text: 09/07/2023 - Amended HTML PDF
Last Amended: 09/07/2023
Status: 09/14/2023 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/14/2023)(May be acted upon Jan 2024)
Location: 09/14/2023 - Assembly 2 YEAR
Summary: This bill proposes to change existing law by prohibiting a police officer from making a stop or detaining a person for a minor infraction (like a traffic violation) unless they have a separate independent ground for doing so. It also would allow police officers to send out citations and warnings to vehicle or bicycle owners if they can identify the owner but don’t have grounds to stop them. Additionally, it authorizes local authorities to enforce Vehicle Code violations without involving a peace officer. This proposed change in the law is subject to the passage of two other bills (AB 436 and AB 825). (Based on 09/07/2023 text)
Position: Oppose
Priority: (3) Significant
Subject: Public Safety

SB 94 (Cortese, D) Recall and resentencing: special circumstances.

Current Text: 09/07/2023 - Amended HTML PDF
Last Amended: 09/07/2023
Status: 09/14/2023 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/14/2023)(May be acted upon Jan 2024)
Location: 09/14/2023 - Assembly 2 YEAR
Summary: This bill would allow people convicted of murder in the first degree and sentenced to life imprisonment without the possibility of parole, before the June 5, 1990, statewide primary election to petition the court for a court case re-hearing if they have served at least 25 years in custody. The court would consider mitigating circumstances presented by the petitioner and to look at changes in law that would reduce sentences or allow for judicial discretion. Victims of the crime would also be entitled to receive notice of all proceedings and specified rights under the Victims' Bill of Rights Act of 2008 (Marsy's Law). (Based on 09/07/2023 text)
Position: Oppose
Priority: (4) Standard
Subject: Public Safety

SB 536 (Rubio, D) Surplus state real property: Heman G. Stark Youth Correctional Facility.

Current Text: 06/03/2024 - Amended HTML PDF
Last Amended: 06/03/2024
48 12

Status: 06/03/2024 - Referred to Com. on G.O. From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.

Location: 06/03/2024 - Assembly Governmental Organization Summary: Current law requires that a state agency evaluate all state-owned lands within its control to determine which ones are not needed and must report these findings to the Department of General Services. This process is used to dispose of any surplus state property. If passed, this bill would give the Director of General Services the authority to sell or rent out the Heman G Stark Youth Correctional Facility in the City of Chino to the City of Chino at a fair price based on the director's judgement of what is best for the state. The proceeds from this transaction must be used to pay off bonds and other related costs, but the director has the option to sell the property below market value for the purpose of providing affordable housing, as long as this information is reported to the legislative fiscal committees at least 30 days before the sale. The sale of the property would not be subject to the California Environmental Quality Act. Any money earned from the sale would be directly deposited into the Special Fund for Economic Uncertainties, which is a continuously appropriated fund. Essentially, this bill gives the Director of General Services the power to sell this property and use the profits to pay off debts and potentially provide affordable housing, without having to go through a lengthy approval process. (Based on 06/03/2024 text) Attachments:

SB 536 Stark Facility Background One-Pager v2.pdf
SB 536 Stark Facility Background One-Pager v2.pdf
Position: Support
Priority: (1) Sponsored
Subject: Planning, Land Use, Housing

SB 690 (Rubio, D) Domestic violence.

Current Text: 02/16/2023 - Introduced HTML PDF
Status: 09/01/2023 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR. SUSPENSE FILE on 8/16/2023)(May be acted upon Jan 2024)
Location: 09/01/2023 - Assembly 2 YEAR
Summary: This law states that if someone inflicts bodily harm on their spouse, former spouse, or certain other specified victims, they can be punished with up to four years in a state prison, one year in a county jail, a fine of up to $6,000, or both the jail time and the fine. Normally, prosecution for this crime must take place within five years of the offense, but this bill would extend that to fifteen years. This bill would apply to offenses committed on or after January 1, 2024 and offenses for which the statute of limitations was still in effect before January 1, 2024. The bill also states that California does not have to reimburse local agencies and school districts for any costs imposed by this new law. (Based on 02/16/2023 text) Position: Support
Priority: (4) Standard
Subject: Public Safety

SB 937 (Wiener, D) Development projects: permits and other entitlements: fees and charges.

Current Text: 04/08/2024 - Amended HTML PDF
Last Amended: 04/08/2024
Status: 06/03/2024 - Referred to Coms. on L. GOV. and H. & C.D.

Calendar: 06/12/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair Location: 06/03/2024 - Assembly Local Government
Summary: The Planning and Zoning Law mandates that counties and cities create a long-term development plan for their land and surrounding designated areas, including a housing element. The Permit Streamlining Act requires public agencies to approve or disapprove development projects within a set timeframe. This bill proposes to extend the expiration date of certain housing entitlements by 24 months, with the exception of any legal challenges. It also limits the fees that can be imposed on residential developments for public improvements and requires the fees to only cover the actual cost incurred by the utility provider. Additionally, the bill allows local agencies to authorize an officer or employee to approve and execute contracts related to these fees. The California Constitution does not require reimbursement for the costs imposed by this bill. (Based on 04/08/2024 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

SB 982 (Wahab, D) Crimes: organized theft.

Current Text: 05/16/2024 - Amended HTML PDF
Last Amended: 05/16/2024
Status: 06/03/2024 - Referred to Com. on PUB. S.
49 13

Calendar: 06/11/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair Location: 06/03/2024 - Assembly Public Safety
Summary: This new law would make it a crime, either a misdemeanor or a felony, for a person to steal items from a store or online marketplace in collaboration with others, with the intention of selling or returning the goods for personal gain. It would also be considered a crime if a person works with others to receive, buy, or possess stolen items, or acts as an agent for someone else to steal items as part of an organized plan. This law would continue to be in effect indefinitely and may require local agencies and school districts to follow certain procedures outlined by the state. (Based on 05/16/2024 text) Priority: (4) Standard
Subject: Public Safety

SB 1034 (Seyarto, R) California Public Records Act: state of emergency.

Current Text: 04/04/2024 - Amended HTML PDF
Last Amended: 04/04/2024
Status: 06/04/2024 - From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (June 4).

Calendar: 06/06/24 #5 A-SECOND READING FILE -- SENATE BILLS Location: 06/04/2024 - Assembly Appropriations
Summary: The California Public Records Act, a state law, mandates that government agencies at both the state and local level must allow members of the public to view and obtain copies of their records, unless there are specific exclusions.

When a request is made for copies of such records, the agency must determine within 10 days if the records are eligible for disclosure and promptly inform the requester of their decision. In rare situations, the agency can take up to 14 additional days to respond to the request, if there are genuine and justifiable circumstances. This bill proposes to expand the definition of "unusual circumstances" to include instances where the agency is dealing with a state of emergency, declared by the Governor, that has hindered their ability to fulfill requests due to reduced staffing or closure of facilities. According to the California Constitution, local government agencies must comply with any new state laws related to public records and open meetings, if it is shown that such laws serve the purpose of ensuring public access. This bill affirms that it is in compliance with this constitutional requirement. Furthermore, any law that restricts the public's right to access meetings or writings of public officials must be supported by findings that demonstrate the need for such limitations in order to safeguard important interests. This bill acknowledges and supports these constitutional provisions. (Based on 04/04/2024 text) Position: Support
Priority: (3) Significant
Subject: Legal and Records Management

SB 1037 (Wiener, D) Planning and zoning: housing element: enforcement.

Current Text: 04/25/2024 - Amended HTML PDF
Last Amended: 04/25/2024
Status: 06/03/2024 - Referred to Coms. on H. & C.D. and JUD.

Calendar: 06/12/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair
Location: 06/03/2024 - Assembly Housing and Community Development Summary: This law, known as the Planning and Zoning Law, requires cities and counties to create a plan for how their land will be used, including housing. The Department of Housing and Community Development is responsible for making sure the plan follows certain guidelines. If a city or county violates these guidelines, the Department can inform the Attorney General and take legal action. Additionally, if a housing development meets certain standards, it is subject to a streamlined approval process. This bill states that any city, county, or agency that fails to comply with these laws can face penalties ranging from $10,000 to $50,000 per month, to be used towards developing affordable housing. This applies to all cities, not just charter cities. (Based on 04/25/2024 text)
Position: Oppose
Priority: (2) Priority
Subject: Planning, Land Use, Housing

SB 1046 (Laird, D) Organic waste reduction: program environmental impact report: small and medium compostable material handling facilities or operations.

Current Text: 04/09/2024 - Amended HTML PDF
Last Amended: 04/09/2024
Status: 05/06/2024 - Referred to Com. on NAT. RES.
50 14

Calendar: 06/10/24 A-NATURAL RESOURCES 2:30 p.m. - State Capitol, Room 447 BRYAN, ISAAC, Chair Location: 05/06/2024 - Assembly Natural Resources
Summary: Current laws mandate that the Department of Resources Recycling and Recovery, along with the State Air Resources Board, must set rules to minimize the amount of organic waste that ends up in landfills. They must also track the progress of waste reduction efforts by state and local governments. If progress is not satisfactory, the department has the authority to provide incentives to help reach the goals. A different law, the California Environmental Quality Act, requires a lead agency to prepare a report on any projects that could significantly impact the environment, or declare that the project will not have such an effect. The current regulations outline the benefits and uses of a program environmental impact report.

This new bill would require the Department of Resources Recycling and Recovery to create a streamlined program environmental impact report by 2027 to help facilitate the development of small and medium composting facilities for processing organic waste. (Based on 04/09/2024 text)
Priority: (5) Track/Watch

SB 1055 (Min, D) Accessory dwelling units: regional housing need.

Current Text: 02/08/2024 - Introduced HTML PDF
Status: 04/25/2024 - Failed Deadline pursuant to Rule 61(b)(5). (Last location was HOUSING on 2/21/2024) Location: 04/25/2024 - Senate DEAD
Summary: Current laws require that the Department of Housing and Community Development (HCD) works with each council of governments (COG) to determine the housing needs for each region. COGs or HCD must create a final regional housing plan for cities and counties, which divides the regional housing needs among them and helps to achieve certain goals. The city or county's planning agency must provide an annual report by April 1st to its legislative body, the Office of Planning and Research, and HCD. This report should include progress made in meeting its share of regional housing needs. The Planning and Zoning Law allows local agencies to approve accessory dwelling units (ADUs) in residential areas through an ordinance or simple approval process. These ADUs must comply with certain standards such as parking, height, setback, landscape design, and maximum size. However, the law prohibits local agencies from setting height limits for attached ADUs that would prevent them from reaching a height of 25 feet. This new bill would prohibit qualifying local agencies, determined by HCD to have entitled more housing units than their share of regional housing needs for low- and very low-income categories, from setting height limitations that would restrict attached ADUs from reaching at least 16 feet in height. (Based on 02/08/2024 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 1122 (Seyarto, R) Peace officers: educational requirements.

Current Text: 03/18/2024 - Amended HTML PDF
Last Amended: 03/18/2024
Status: 06/04/2024 - From committee: Do pass. Ordered to consent calendar. (Ayes 7. Noes 0.) (June 4).

Calendar: 06/06/24 #12 A-SECOND READING FILE -- SENATE BILLS Location: 06/04/2024 - Assembly CONSENT CALENDAR
Summary: Under existing law, peace officers in our state must meet certain standards, including age and education requirements. The Chancellor of the California Community Colleges, with input from the Commission on Peace Officer Standards and Training and other advisors, is developing a new degree program in modern policing. This program will also include recommendations for a bachelor's degree in a related discipline, and a report outlining how this program will be implemented must be submitted to the Legislature by June 1, 2023. Within two years of this report, the Commission will adopt the recommended criteria. This new bill clarifies that officers may obtain a bachelor's or associate's degree after completing the Peace Officer Standards and Training program, within 36 months of being hired as an officer. (Based on 03/18/2024 text)
Priority: (5) Track/Watch
Subject: Public Safety

SB 1123 (Caballero, D) Planning and zoning: subdivisions: ministerial review.

Current Text: 04/23/2024 - Amended HTML PDF
Last Amended: 04/23/2024
Status: 06/03/2024 - Referred to Coms. on H. & C.D. and L. GOV.

Calendar: 06/12/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair
Location: 06/03/2024 - Assembly Housing and Community Development 51 15

Summary: The law, known as the Starter Home Revitalization Act of 2021, has certain requirements for local agencies when considering housing development projects. This includes not imposing strict standards that would prevent a project from being built to a certain density. A new bill would also not count accessory dwelling units or junior accessory dwelling units as residential units for the purpose of these requirements. Additionally, the bill would expand the conditions that the housing units must meet to include being part of a tenancy in common or being constructed on land owned by a community trust. It would also not require these projects to meet minimum size or frontage requirements. This bill would go into effect on July 1, 2025 and may cause additional costs for local agencies, which would be reimbursed by the state if deemed necessary. (Based on 04/23/2024 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 1144 (Skinner, D) Marketplaces: online marketplaces.

Current Text: 05/16/2024 - Amended HTML PDF
Last Amended: 05/16/2024
Status: 06/03/2024 - Referred to Coms. on P. & C.P. and JUD. Re-referred to Coms. on JUD. and P. & C.P. pursuant to Assembly Rule 96.

Calendar: 06/11/24 A-JUDICIARY 9 a.m. - State Capitol, Room 437 KALRA, ASH, Chair Location: 06/03/2024 - Assembly Judiciary
Summary: According to current legislation, an online marketplace is required to ensure that high-volume third-party sellers on their platform provide certain information to the marketplace. If a seller fails to comply with these requirements, the marketplace must suspend their sales. The law also outlines information retention and security measures for the marketplace and prohibits certain uses of that information. A "high-volume third-party seller" is defined as someone who has completed a specific number of sales transactions through the marketplace with payment being processed by the marketplace. An "online marketplace" is defined as a platform used by third-party sellers to conduct sales and payments, with a contract in place for consumer use. Proposed changes to the law would shift the focus to transactions made using the marketplace, rather than through it, and would also modify the definition of an online marketplace. Additionally, the marketplace would be required to disclose to consumers whether high-volume third-party sellers have complied with the information sharing requirements. The marketplace must also have policies in place to prevent the sale of stolen goods and to notify law enforcement if stolen goods are being sold to California residents. Violations of these provisions may result in a civil penalty up to $10,000 per violation and legal action by the Attorney General or other designated authorities. (Based on 05/16/2024 text)
Priority: (4) Standard
Subject: Public Safety

SB 1164 (Newman, D) Property taxation: new construction exclusion: accessory dwelling units.

Current Text: 05/16/2024 - Amended HTML PDF
Last Amended: 05/16/2024
Status: 06/03/2024 - Referred to Com. on REV. & TAX.

Calendar: 06/17/24 A-REVENUE AND TAXATION 2:30 p.m. - State Capitol, Room 126 IRWIN, JACQUI, Chair Location: 06/03/2024 - Assembly Revenue and Taxation
Summary: The California Constitution places a limit of 1% on ad valorem taxes for real property. This means that property taxes cannot exceed 1% of the full cash value of the property. The full cash value is determined by the assessor and can be found on the 1975-76 tax bill or the appraised value of the property if there has been a change in ownership or new construction. This bill excludes newly constructed accessory dwelling units from being classified as new construction until January 1, 2030, as long as the unit is used as residential housing. To claim this exclusion, the property owner must inform the assessor and submit an affidavit stating that the unit will be used for residential housing. The State Board of Equalization will provide the forms for claiming this exclusion. This bill may impose additional responsibilities on property owners and assessors and therefore may require reimbursement from the state. However, for certain mandates, no reimbursement is required. This bill also changes the way the state reimburses local agencies for property tax revenue lost due to exemptions or property classifications. This bill goes into effect immediately as a tax levy. (Based on 05/16/2024 text)
Position: Oppose
Priority: (3) Significant
Subject: Municipal Funding and Procurement, Planning, Land Use, Housing

SB 1211 (Skinner, D) Land use: accessory dwelling units: ministerial approval. 52 16

Current Text: 04/23/2024 - Amended HTML PDF
Last Amended: 04/23/2024
Status: 05/28/2024 - Referred to Coms. on H. & C.D. and L. GOV.

Calendar: 06/12/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair
Location: 05/28/2024 - Assembly Housing and Community Development Summary: The Planning and Zoning Law allows local agencies to enact ordinances for the establishment of Accessory Dwelling Units (ADUs) in residential zones. If such ordinances are enacted, the agency cannot mandate the replacement of off-street parking spaces if a garage, carport, or covered parking structure is demolished or converted during ADU construction. The proposed bill extends this prohibition to cases where an uncovered parking space is demolished or converted for an ADU. Current legislation stipulates that if a local agency does not establish an ADU ordinance, ADUs must be ministerially approved. The agency is also obligated to approve building permit applications for certain ADU variations within residential or mixed-use zones, subjecting the agency to various obligations and constraints. Existing law allows a local agency to approve up to two detached ADUs on a lot with an existing or proposed multifamily dwelling, subject to certain conditions. The proposed bill increases the limit to eight detached ADUs on a lot with an existing multifamily dwelling, provided the total number of ADUs does not exceed the total of existing units. For lots with a proposed multifamily dwelling, up to two detached ADUs can be approved. The bill imposes new local government responsibilities concerning the approval of ADUs, establishing a state-mandated local program. As per the California Constitution, the state is typically required to reimburse local agencies for certain state-mandated costs. However, this bill stipulates that no such reimbursement is required for reasons specified in the act. (Based on 04/23/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 1242 (Min, D) Crimes: fires.

Current Text: 05/16/2024 - Amended HTML PDF
Last Amended: 05/16/2024
Status: 06/03/2024 - Referred to Com. on PUB. S.

Calendar: 06/11/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair Location: 06/03/2024 - Assembly Public Safety
Summary: This text outlines a law that is already in place, which states that it is illegal to recklessly cause a fire by setting fire to a structure, forest land, or property. This violation can result in either a misdemeanor or felony charge. The proposed bill would add to the sentence for this type of offense if it occurred within a merchant's premises and was associated with organized retail theft. This could lead to increased punishment for the crime and would be considered a state-mandated local program. However, the California Constitution also requires the state to reimburse local agencies and school districts for certain costs mandated by the state, but this bill specifies that no reimbursement is necessary for a specific reason. (Based on 05/16/2024 text)
Priority: (4) Standard
Subject: Public Safety

SB 1381 (McGuire, D) Property crimes: regional property crimes task force.

Current Text: 03/20/2024 - Amended HTML PDF
Last Amended: 03/20/2024
Status: 06/04/2024 - From committee: Do pass. Ordered to consent calendar. (Ayes 7. Noes 0.) (June 4).

Calendar: 06/06/24 #13 A-SECOND READING FILE -- SENATE BILLS Location: 06/04/2024 - Assembly CONSENT CALENDAR
Summary: This legislation extends an existing law until 2026 that requires the California Highway Patrol to work with the Department of Justice to assemble a regional task force focused on identifying and addressing areas with high levels of property crimes, such as organized retail theft and vehicle burglary. This bill also adds the sale of stolen goods to the list of property crimes that will be considered when determining which areas are experiencing increased levels of property crimes. (Based on 03/20/2024 text)
Priority: (4) Standard
Subject: Public Safety

SB 1416 (Newman, D) Sentencing enhancements: sale, exchange, or return of stolen property.

Current Text: 06/04/2024 - Amended HTML PDF
Last Amended: 06/04/2024
53 17

Status: 06/04/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

Calendar: 06/11/24 A-PUBLIC SAFETY 9 a.m. - State Capitol, Room 126 MCCARTY, KEVIN, Chair Location: 06/03/2024 - Assembly Public Safety
Summary: This law outlines several types of theft, such as petty theft, grand theft, and shoplifting. It also defines the crime of burglary as entering specific buildings, places, or vehicles with the intention of committing petty or grand theft or a felony.

This bill, in effect until January 1, 2030, would establish increased punishments for anyone who sells, exchanges, or attempts to sell, exchange, or return stolen property from a retail business, with values exceeding certain amounts. These enhanced penalties would also apply to anyone working together with someone else to commit these acts. As this bill includes new sentencing enhancements, it has been mandated by the state and may result in increased costs for local agencies and school districts. (Based on 06/04/2024 text) Priority: (4) Standard
Subject: Public Safety

SB 1494 (Glazer, D) Local agencies: Sales and Use Tax: retailers.

Current Text: 05/20/2024 - Amended HTML PDF
Last Amended: 05/20/2024
Status: 05/23/2024 - Failed Deadline pursuant to Rule 61(b)(11). (Last location was INACTIVE FILE on 5/24/2024) Location: 05/23/2024 - Senate DEAD
Summary: The Bradley-Burns Uniform Local Sales and Use Tax Law allows counties and cities to impose a local sales and use tax on certain sold or stored goods and obliges them to collaborate with the California Department of Tax and Fee Administration for tax administration. Current law prevents a local agency from creating agreements that reduce the revenues of another local agency by redirecting local tax revenues. A new proposal would extend this to prohibit local agencies, from January 1, 2024, from entering into agreements that transfer their tax revenues to retailers in exchange for those retailers maintaining a place of business within their jurisdiction. Previously existing agreements will become void and unenforceable on January 1, 2030, and must be posted on the local agency's website until they expire or become void. The proposal asserts that these changes address concerns of statewide relevance and apply to all cities, including charter cities. (Based on 05/20/2024 text)
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement

Total Measures: 53
Total Tracking Forms: 53
54 EUNICE M. ULLOA CURTIS BURTON
Mayor CHRISTOPHER FLORES

MARC LUCIO
Council Members
K
AREN C. COMSTOCK DR. LINDA REICH
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org
M
ay 30, 2024
T
he Honorable Dave Min, Chair
Senate Natural Resources and Water Committee
1021 O Street, Room 3220
Sacramento, CA 95814
R
E: Support for AB 3182 (Lackey) – Land Conservation: California Wildlife, Coastal, and Park Land Conservation Act: County of San Bernardino – As amended April 24, 2024 D
ear Senator Min and Honorable Members of the Committee, O
n behalf of the City of Chino, I write in support of AB 3182 (Lackey), which amends state law regarding the use of Prop 70 land sale proceeds in San Bernardino County. Passage of AB 3182 will allow San Bernardino County to use these land sale proceeds to preserve the region’s agricultural heritage and to improve parks and recreational facilities in the Prado Regional Park.

I
n June 1988, California voters approved Proposition 70, a park bond that provided $776 million for developing conservation lands throughout the State. Prop 70 gave $20 million to San Bernardino County for permanent agricultural preservation. That funding was used by the County to purchase 366.55 acres on nine agricultural properties in the Chino Agricultural Preserve (CAP). However, because the lands were not adjacent to each other, it was difficult for the County to fulfill the intent of Prop 70. In 2010, Prop 70 provisions were amended by Senate Bill 1124 (Negrete -McLeod) to allow San Bernardino County to sell or exchange its Prop 70 properties if replacement property was purchased that would be used for agricultural preservation, community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat, or for open-space conservation purposes.

A
B 3182 (Lackey) amends existing law by expanding the authorized use of proceeds from Prop 70 land sales to include, in addition to the existing agricultural preservation, agricultural heritage projects, agricultural and wildlife education, and open-space conservation purposes, the new categories of parks and recreational purposes within the former Chino Agricultural Preserve. It would allow San Bernardino County to use the proceeds from Prop 70 for parks and recreational facilities, including cultural and sporting venues, playgrounds, amphitheaters, and infrastructure to expand access and improve amenities. These provisions apply solely to San Bernardino County's unique situation rather than all Prop 70 lands in the State.
55 The Honorable Dave Min
May 30, 2024
p.2
AB 3182 will facilitate significant park and infrastructure improvements for Prado Regional Park, allowing San Bernardino County to preserve the region’s agricultural heritage, conserve open space, and expand recreational opportunities at Prado Park.

I ask you to support AB 3182 (Lackey). If you have any questions about our position, contact Vivian Castro, Deputy City Manager, at 909-334-3307 or [email protected].

Sincerely,
L
inda Reich
City Manager
cc: T
he Honorable Susan Rubio
The Honorable Kelly Seyarto
Chino City Council Members
56 1

CITY OF CHINO – HIGH-PRIORITY LEGISLATIVE ITEMS
June 4, 2024

PRIORITY LEGISLATION
SB 536 (Rubio) - Surplus state real property: Heman G. Stark Youth Correctional Facility  Sponsored by the City of Chino.
 SB 536 (as amended June 3, 2024) authorizes the Director of DGS to sell or lease property known as the California Department of Corrections and Rehabilitation Heman G . Stark Youth Correctional Facility (Stark), located in the City of Chi no, to the City at fair market value upon terms and conditions the Director determines are in the best interests of the State.
 The bill authorizes the Director to sell the property below fair market value to provide housing to persons and families of low or moderate income, subject to reporting specified information 30 days before the sale to the chairpersons of the fiscal committees of the Legislature.
 The bill will be heard in the Assembly Governmental Organization Committee on Wednesday, June 19, at 1:30 p.m.

AB 3182 (Lackey) – Land Conservation: California Wildlife, Coastal, and Park Land Conservation Act: County of San Bernardino
 Support position. Sponsored by San Bernardino County Supervisor Curt Hagman.  AB 3182 (as amended April 24, 2024) amends state law regarding the use of Prop 70 land sale proceeds in San Bernardino County. Passage of AB 3182 will allow San Bernardino County to use these land sale proceeds to preserve the region’s agricultural heritage and to improve parks and recreational facilities in the Prado Regional Park.  The bill is pending assignment to the Senate Natural Resources and Water Committee.

OTHER PRIORITY ITEMS
Transfer of Death Row Inmates to Correctional Institution for Men (CIM) in the City of Chino Chino, Chino Hills, and other community partners are working collaboratively to address significant concerns and advocate for policy changes regarding the recent transfer of condemned inmates from San Quentin State Prison's Death Row to CIM in Chino.

The community is encouraged to let their voices be heard and express their concerns by signing a petition calling for Governor Gavin Newsom to remove the condemned inmates recently transferred from San Quentin State Prison’s Death Row to CIM effective immediately and cease sending additional condemned inmates until proper infrastructure improvements are made to ensure the safety of the community. Interested parties are asked to sign the petition by Wednesday, June 12, at www.cityofchino.org/CIM.
57 2

Federal Funding Requests
Senator Laphonza Butler submitted one of Chino’s projects as part of her request to the Senate Appropriations Committee for Congressionally Directed Spending “Earmarks” for FY 2025. She requested $2 mill ion from the Transportation Housing Urban Development (THUD) Appropriations Act for the Chino Valley Transitional Housing Project. The funds would be used to construct a new Transitional Housing Facility on existing City property that would provide the City's homeless population with short-term housing while receiving comprehensive services.

This is the initial stage of the Federal appropriations process, which culminates with the adoption of the FY 2025 Federal Budget that runs from October 1 through Septe mber 30. While Senator Butler's submission does NOT guarantee the project will be funded, it means that there is a good chance the City will receive funding.

INFORMATIONAL ITEMS
Nomination of Assembly District 53 Veteran of the Year
The City of Chino nominated American Legion Post 299 Commander Michael Huizar as Veteran of the Year for the 53rd Assembly District. Of all the nominees, Commander Huizar was selected as the winner and was invited by Assemblymember Freddie Rodriguez to his annual Summer BBQ on June 29, 2024, to be honored and presented with a certificate of recognition for being an outstanding Veteran who has gone above and beyond to help the community.

Michael, who has lived in Chino for 28 years, is a 30 -year veteran of the U.S. Coast Gua rd. He retired as Chief Petty Officer in the Maritime Enforcement Specialist unit. He served in Los Angeles, Long Beach, San Diego, and abroad, protecting United States assets in foreign ports as part of Security Unit 311.

Michael was just re -elected to his third term as commander of the American Legion Elmer C.

Jertberg Post 299 in Chino and oversaw the post's 100th Year Celebration. Under Michael's leadership, Post 299 has grown to 491 paid members, making it one of the posts with the largest membership in American Legion District 25 and the state. Michael is passionate about the American Legion because he thinks reaching out to new veterans about the organization is critical. With about 75% of the current membership being Vietnam Veterans, he knows it i s important to infuse the organization with new veterans. To this end, he is proactive in recruiting and welcoming new members. He says that serving as an ambassador for Veterans and being able to motivate others to participate is one of the things he is most proud of.

Memorial Day 2024 was Michael's third time at the helm as Post 299 hosts the annual Memorial Day Event at Chino Liberty Courtyard. He enjoys playing a role in making sure that our community remembers these patriots and honors those who gave the greatest sacrifice, their lives. Michael was also involved in having Chino designated a Purple Heart City. He recently represented American Legion Post 299 to receive a Purple Heart proclamation from the City, joined by two American Legion members, Alex Ortiz and Daniel Metoyer, who are both Purple Heart recipients.

The City’s nominee last year, Kenny Willets, was also selected as the Veteran of the Year for Assembly District 53 and recognized by Assembly Member Rodriguez at the 2023 event. 58 3

Legislative Calendar
 June 15 - Budget Bill must be passed by midnight.
 June 27 - Last day for a legislative measure to qualify for the Nov. 5 General Election ballot.  July 3 - Last day for policy committees to meet and report bills. Summer Recess begins upon adjournment, provided Budget Bill has been passed.  Aug. 5 - Legislature reconvenes from Summer Recess.
 Aug. 16 - Last day for fiscal committees to meet and report bills.  Aug. 19 – 31 - Floor session only. No committee may meet for any purpose except R ules Committee, bills referred pursuant to Assembly Rule 77.2, and Conference Committees.  Aug. 23 - Last day to amend bills on the Floor.
 Aug. 31 - Last day for each house to pass bills. Final Recess begins upon adjournment.  Sept. 30 - Last day for Governor to sign or veto bills passed by the Legislature before Sept. 1 and in the Governor's possession on or after Sept. 1.  Oct. 2 - Bills enacted on or before this date take effect January 1, 2025.  Nov. 5 - General Election.
59 WASHINGTON UPDATE
May 3, 2024

CONGRESSIONAL BUDGET ACTIVITY
The House Appropriations Committee sent out its requirements and guidance for Congressionally Directed Spending projects last week. They have a short turnaround due to the late start. The House is holding hearings on the FY2025 budget . Chairman Tom Cole (R -OK) received pushback from members about the one-week turnaround time . So, he extended the deadline for three subcommittees by one week until May 10. The House is moving forward with an aggressive timeline after a slow start due to the late passage of the FY2024 spending bills.

Senate leaders have pledged to move the spending measures on time. However, there is the usual growing divide over defense versus non -defense spending levels next year . Democrats want parity in increases between defense and non -defense spending while the Republicans want robust defense increases to offset the growing China-Russia threat.

SPEAKER’S ACTIVITIES
Congresswoman Marjorie Taylor Greene (R-GA) announced Wednesday she will act next week to force a vote on whether to oust Speaker Mike Johnson (R-LA). She has the support of Representatives Thomas Massie (R-KY) and Paul Gosar (R-AZ).

Taylor Greene’s announcement came one day after the top three House Democrats announced that they would vote to table a motion to vacate the chair (remove the Speaker) if it came to the floor, joining a number of rank -and-file Democrats who have said for months that they would protect Speaker Johnson from a conservative vote to remove him.

Many House Republicans do not support the effort to remove Speaker Johnson even if they disagree with his legislative program . Many Republicans admit there is no clear alternative to Speaker Johnson after the debacle earlier when former Speaker McCarthy was removed, and the House was without a Speaker for three weeks. Congressman Matt Gaetz (R -FL) expressed concern that if several Republicans were not available to vote , Minority Leader Hakeem Jeffries (D-NY) could be elected Speaker. Trump has not supported Taylor Greene’s efforts to remove Speaker Johnson.

OTHER NOTABLE ACTION THIS WEEK

The Federal Aviation Administration (FAA) reauthorization bill negotiations were said to be completed last weekend . However, Senate progress has stalled over potential germane and non - germane amendments . The Senate voted 81 to 10 on Thursday to move to consider the bill .

Agreement on the ame ndments may not occur until next week . The FAA authorization expires on May 10.
60 QUOTABLE QUOTE(S)
“If this vote fails (to remove Speaker Johnson) and the whole conference, the whole Congress, supports the uniparty, let me tell you something, that is not a failure, it’s a win for the American people because that’s a list of names,” Congresswoman Taylor Greene said. “They deserve that list.” (NOTE: the term “uniparty” refers to the convergence of the moderate Republicans and the Democrats to vote together on issues and they account for more than 75% of the members of Congress.)
Congressman Eli Crane (R-AZ), who voted to remove McCarthy and has been critical of Speaker Johnson said of the effort to remove him “What’s really the point? I mean, I guess other than to show massive frustration, disappointment.”
Representative Marcus Molinaro (R-NY), who represents a swing district, said Taylor Greene’s efforts have been “galvanizing” Republican opposition to ousting an unpopular speaker. He said “It really needs to come to an end. I mean, it’s truly a ridiculous and absurd way . And this consistent effort to hold the body hostage just undermines Congress and undermines the country and undermines our ability to do the work that we’re saying we’re going to do.”

61 WASHINGTON UPDATE
May 10, 2024

CONGRESSIONAL BUDGET ACTIVITY
House Appropriations Committee Chair Tom Cole (R -OK) has issued to his subcommittee chairs “notional” spending allocations. These are rough guesses and ranges about the amount of money each subcommittee will be allowed to allocate . The formal allocations to each subcommittee (known as 302b allocations) will come later when the House adopts them. Chairman Cole will be discussing the issue with Speaker Mike Johnso n (R -LA) likely next week . There is growing concern that the House may follow the spending limits set in the which could lead to steep spending cuts for both defense and non -defense spending. Chairman Cole wants to begin moving forward with the bills as his goal is complete House floor action on the 12 spending measures by the August break.

SPEAKER’S ACTIVITIES
After Speaker Johnson met with Representatives Marjorie Taylor Greene (R -GA) and Thomas Massie (R-KY) for the second time, Congresswoman Taylor Greene moved to make her resolution vacating the Chair (removing the Speaker) a privileged motion. This has the effect of making the House act on it in the next two legislative days . A motion to table her resolution was adopted by a vote of 359-43-7, thus killing it . 11 Republicans and 32 Democrats voting against the motion to table Greene’s resolution. Seven Democrats voted “present.” Only the most conservative Republicans and the most liberal Democrats opposed the motion to table the resolution.

Representatives Taylor Greene and Massie had demands of Speaker Johnson which included: a commitment to oppose additional Ukraine aid , requiring support from a majority of the GOP majority for Republican leaders to bring a bill to the floor, a promise to enact a 1 percent across-the- board spending cut as part of stopgap funding legislation if the 12 annual appropriations bills aren't enacted by the Sep tember 30 deadline, and defund Special Counsel Jack Smith ’s investigation of the efforts to overturn the 2020 election.

OTHER NOTABLE ACTION THIS WEEK

The five-year Federal Aviation Administration (FAA) reauthorization bill passed the Senate by a vote of 88-4 on Thursday. Action on the bill was held up in the Senate through a series of “holds” and amendments germane and non -germane. In the end the bill moved with limited changes. In the end five more slots (or ten incoming and outgoing flights) will be added to Reagan National Airpo rt (DCA) and the retirement age for pilots will remain 65. The current FAA authorization expires on May 10, but a one-week reauthorization has been adopted by the House and Senate . This will give the House a chance to pass th e bill next week. Senator Ted C ruz (R-TX), ranking member on the Senate Commerce Committee, in a twist shepherded the bill to passage limiting amendments. In the 62 past he has often held up movement on legislation introducing non -germane amendments and seeking to delay votes. His Republican colleagues ribbed him for that change of roles.

QUOTABLE QUOTE(S)
Representative Mike Lawler (R-NY) told reporters on Wednesday that he thinks “Moscow Marjorie has clearly gone off the deep end, maybe the result of a space laser.”

A Republican Senator told reporters regarding the change of roles for Senator Ted Cruz from obstructionist to shepherd of legislation “It’s been entertaining to be able to watch ” and then he quoted the movie “Airplane!” “What’s the old Hollywood joke? ‘The foot’s on the other hand.’”

63 WASHINGTON UPDATE
May 17, 2024

Chairman Cole has laid out an aggressive mark up schedule. Subcommittee mark ups begin on May

21. The last full Committee mark ups are scheduled for July 10 . Chairman Cole hopes that he may be able to consider the 12 bills on the floor of the House before the August recess.

The Senate process is still on hold as the Democrats and Republicans discuss the allocations at the full committee and subcommittee levels. The House is proceeding with the numbers laid out in the Fiscal Responsibility Act of 2023, which set spending levels and the debt limit last year. Chairman Cole said there are “no side deals” to increase spending for non-defense spending.

The Senate fears those numbers will lead to steep spending cuts to non-defense spending. The defense spending increase under the law will not match the increase in inflation.

SPEAKER’S ACTIVITIES
Speaker Johnson and other House Republicans have attended the former President Trumps trial in New York this week . They did this to show support for him after he was threatened with potential jail time for not following the judge’s gag order.

OTHER NOTABLE ACTION THIS WEEK

The Federal Aviation Administration reauthorization bill was passed by the House on Wednesday by a vote of 387-26. President Biden signed it into law on Thursday.

The House Oversight Committee on Thursday night erupted into chaos. The mark up of legislation to hold Attorney General Merrick Garland in contempt of Congress was delayed after Congresswoman Marjorie Taylor Greene (R-GA) accused Representative Jasmine Crockett (D-TX) of wearing fake eye lashes. And then the name calling began and Chairman Comer (R-KY) lost control of the mark up. At one point Congresswoman Taylor Greene asked for more time to speak, it was approved 22 -20. Congresswoman Lauren Boebert (R-CO), who has clashed with Taylor Greene in the past, voted against allowing Taylor Greene more time. 64 Senator Menendez’ (D-NJ) corruption trial began this week in New York City, not far from former President Trump’s trial. As part of his legal strategy his la wyers will argu e it was his wife that accepted the gifts and not Senator Menendez.

QUOTABLE QUOTE(S)
Senator Menendez’s chief Capitol Hill critic Senator John Fetterman (D -PA) said the news of Menendez’ wife’s diagnosis of breast cancer only made him question Menendez’ defense strategy even more. “I sincerely reach out and hope that they have an absolutely full, complete recovery,” Fetterman said, before adding: “I can't imagine anybody in his legal circles would think that throwing your wife under the bus was ever good. And now that she is sick with cancer, I can't really think that's a smart PR move. I don't even see the legal upside on that.” Congressman Bill Pascrell (D-NJ) said “found it rather odd when you're blaming your partner.”

65 WASHINGTON UPDATE
May 31, 2024

CONGRESSIONAL BUDGET ACTIVITY
The House Appropriations Committee has begun moving their spending bills. The full Committee approved the Military Construction -VA spending measure on May 23. The Legislative Branch bill was approved on the same day at the subcommittee level. The House Appropriations Committee adopted the subcommittee allocations (a .k.a. 302b allocations) on May 23 by a party line vote.

These allocations determine how much money each subcommittee can allocate for the agencies and programs under their jurisdiction.

The outlook is difficult for the 12 spending bills . Chairman Tom Cole (R -OK) has stuck with the enacted spending levels from last year. This will lead to decreased spending for non -defense programs a nd only a 1% increase for defense spending . Many Republicans are angry with the funding level for defense and Democrats are upset with the cuts for non -defense programs. The Senate has not even begun moving or scheduling action on their bills.

House Majority Leader Steve Scalise (R-LA) told the House Republican conference that the chamber will start moving spending bills to the floor for consideration the first week of June, with the Military Construction -VA bill first to go to the floor . The Homeland Security, State -Foreign Operations, and Defense measures are scheduled for action before the July 4th break.

SPEAKER’S ACTIVITIES
Speaker Johnson (R-LA) has been quiet the last two weeks. He is working with Senate Majority Leader Chuck Schumer (D -NY) on a letter inviting Israeli Prime Minister Benjamin Netanyahu to speak before a joint session of the US Congress before the August recess.

OTHER NOTABLE ACTION THIS WEEK

House Majority Leader Scalise is getting a jump start on next year's legislative agenda if Republicans sweep the November elections. He told the largest conservative bloc of House members that he has instructed committee chairs to come up with initiatives by the end of June that could be pushed through the budget reconciliation process next year (this is a process that bypasses the Senate filibuster) . The message to committee leaders was to "get creative, be bold" in offering up ideas for reconciliation.
66 Among the top agenda items would be tax cuts and measures to boost domestic energy production, Scalise told reporters. He said he wanted to make sure Republicans will be ready to move legislation quickly if they win the White House and both chambers of Congress in November.

QUOTABLE QUOTE(S)
"I think the goal is to mark up (spending bills) in July, and we would like to actually mark up the bills and have bipartisan bills come out the way we did last year," said Sen ator Jeff Merkley (D- OR) after the meeting of Senate Democrats last week . " But this year is going to be tougher . The funding is tougher."
Senator Susan Collins (R-ME), Ranking Minority Member of the Senate Appropriations Committee, said that she and Senate Appropriations Chair Patty Murray (D-WA) have been having discussions on when markups will start. "Obviously she needs to get the 302(b)s out before we can do markups," Collins said. "But we are proceeding very rapidly with an aggressive schedule for hearings, and that lays the foundation."

67 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

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

RECREATION

SUBJECT
..titl e
Notice of Completion (NOC) for the City Hall South & 7 th Street Theatre Roofing project (NC242 & IB249) completed by R&R Roofing & Waterproofing, Inc., Lake Elsinore, CA, Contract #2024 - 153.

..end

RECOMMENDATION
1) Accept the City Hall South & 7 th Street Theatre Roofing project (NC242 & IB249) completed by R&R Roofing & Waterproofing, Inc., Lake Elsinore, CA, Contract #2024-153; 2) authorize the City Manager to file the Notice of Completion; and 3) release the retention funds following the 35-day lien period.

..body

FISCAL IMPACT
The projects NC242 & IB249 were completed within the adopted project budget.

Revenue: Click or tap here to enter text.

Expenditure: 65083101-43585-IB249,
6508310-43585-NC242
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 68 CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: NOTICE OF COMPLETION (NOC) FOR THE CITY HALL SOUTH & 7TH STREET THEATRE ROOFING PROJECT (NC242 & IB249) COMPLETED BY R&R ROOFING & WATERPROOFING, INC., LAKE ELSINORE, CA, CONTRACT #2024-153.

PAGE: 2

BACKGROUND
On November 7, 2023, City Council awarded a construction contract (2024-153) to R&R Roofing & Waterproofing, Inc., Lake Elsinore, CA ., in the amount of $149,590 with contingencies of $22,438.50 for a not -to-exceed contract amount of $172,028.50, for the City Hall South & 7th Street Theatre Roofing project. The project scope of work included:

City Hall South (formerly known as Old PD)
Pressure washing of the existing roof, repair of drains indicated during job walk, and repair of damaged or failed sections of existing cap sheet or mastic (to be replaced with Stressply IV Mineral Torch cap sheet or membrane). Additional work include d removal of de -activated antenna equipment indicated during job walk and application of a water -proofing liquid membrane.

7th Street Theatre
The demolition and removal of the existing roof layers down to the substrate level, installing insulation board material, application of rolled roofing layers, application of a top layer (mineral torch-cap sheet), and recoating the entire roof with a reflective acrylic coating.

ISSUES/ANALYSIS
During construction, there was one unforeseen issue identified in the field and addressed as a modification to the project. This modification included the restoration of three additional landings at the City Hall So uth building that are attached to the building at various lower levels. Upon completion of the original scope, the project had available funds left over. Staff move d forward with repairing additional sections of the roof. These additional roofing facets needed to be addressed to ensure a completed water -tight roof and building (Change Order No. 1), bringing the total contract amount of the project to $161,805.41. The following is a summary of the final accounting of costs for project NC242 & IB249:

Contract #2024-153 Contract Contingency
Original Construction Contract Amount $149,590 $22,438.50 Change Order No. 1 $12,215.41 -$12,215.41
Total Contract & Contingency Balance $161,805.41 $10,223.09

R&R Roofing & Waterproofing, Inc. has satisfactorily completed all work within the project budget and has complied with the terms of the contract. A Notice of Completion has also been prepared for filing with the San Bernardino County Recorder’s Office.

Attachment – Notice of Completion

69 RECORDING REQUESTED BY
City of Chino
Community Services, Parks &
Recreation Department

P.O. Box 667
Chino, CA 91708

AND WHEN RECORDED MAIL TO

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

NOTICE OF COMPLETION

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

Notice is hereby given that:

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

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

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

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

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

Names Addresses

N/A

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 April 29, 2024

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

R&R Roofing & Waterproofing, Inc., 17995 Collier Avenue, Lake Elsinore, CA 92530 (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:

City Hall South and 7th Street Theater Roofing Projects

10. The street address of said property is
13250 Central Ave., Chino, CA 91710, APN No. 1020284220000 13123 7th Street, Chino, CA 91710, APN No. 1020271120000 (If no street address has been officially assigned, insert “none”)

SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE:

Linda Reich, City Manager

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I HEREBY CERTIFY that I am the Director of Community Services, Parks & Recreation, for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct. Executed on June 18, 2024, at City of Chino, California.

Silvia Avalos
Director of Community Services, Parks & Recreation

70 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
Federal Asset Forfeiture Funds - SWAT Equipment Purchase (Federal Grant G424G).

..end

RECOMMENDATION
1) Establish a Federal Grant Number G424G; 2) appropriate $42,698.37 from unappropriated reserves of the Asset Forfeiture/Department of Justice Fund 120 for the purchase of SWAT equipment; 3) increase the Asset Forfeiture revenue by $42,698.37; and 4) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
These purchases require an appropriation of expenditures and revenue $ 42,698.37 from the unappropriated reserves of the Federal Asset Forfeiture/Department of Justice Fund balance.

There are sufficient funds for this appropriation.

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:
 Effective Technology
 Public Service Excellence through Internal and External Partnerships  Commitment to Our Community

Revenue: 12040002-51539-G424G

Expenditure: 12040002-40010|43050-G424G
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 71 CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: FEDERAL ASSET FORFEITURE FUNDS - SWAT EQUIPMENT PURCHASE (FEDERAL GRANT G424G).

PAGE: 2

BACKGROUND
For several years, the Chino Police Department has directly participated in investigations or prosecutions that have resulted in a federal forfeiture and, therefore, an equitable share of the net proceeds of the forfeiture is returned to the city. Forfeiture funds can only be designated for law enforcement use and must be used to increase or supplement the resources of the receiving law enforcement agency. Forfeiture funds cannot be used to replace the resources of the Department.

ISSUES/ANALYSIS
The SWAT team's current rifles are vital tools ensuring officer safety while responding to high- stress situations and have surpassed their designated maintenance cycle in terms of round count. The rifles have been in service since 2019 and have been fired over 20,000 times. This overuse has led to visible wear and tear, impacting the overall reliability, accuracy, and safety of the rifles. Furthermore, specific components within the upper receiver assemblies, including bolts, barrels, and gas systems, have reached the end of their operational life. These factors collectively contribute to compromised functionality, posing potential risks during critical operations.

Existing SWAT rifle suppressors suffer from issues related to durability, “blowback” of noxious fumes exposure to carbon monoxide, hydrogen cyanide, and ammonia, and overall service life of the suppressor. Damaged suppressors can jeopardize the safety of law enforcement officers and compromise mission success. Addressing these concerns is crucial for enhancing the operational capabilities of SWAT teams. The following items are requested for purchase:
· Daniel Defense Mk18RIII (Upper Receiver and Included Parts) · Radian Raptor SD charging handle
· HUXWRX flash hider
· HUXWRX Flow 556k suppressor
· HUXWRX FLOW 762 and muzzle brake
· Raptor-SD Charging handle AR10
The rifles were originally purchased with asset forfeiture funds and the listed parts are being replaced with the use of asset forfeiture funds. The timing of replacement of this type of equipment varies depending on how much the item is used and any unexpected failures or issues that arise. These parts need to be replaced because they have exceeded their lifespan, and funds were never allocated in the budget for this purchase.

Staff sought quotes and received prices that are less than the $10,000 per item. Therefore, per Municipal Code Chapter 3.32.070 Section B, the purchase may be made without competitive bidding. Staff requests that the City Council approve the use of Asset Forfeiture funds to purchase the upgraded rifle upper receiver, rifle suppressor and associated equipment in the amount of $42,698.37 (inclusive of tax and shipping).

By investing in this critical safety equipment, Chino Police Officers can be better equipped to effectively respond to the escalating dangers inherent in law enforcement duties, ultimately safeguarding both officers and the communities they serve. 72 CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: FEDERAL ASSET FORFEITURE FUNDS - SWAT EQUIPMENT PURCHASE (FEDERAL GRANT G424G).

PAGE: 3

73 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

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

SUBJECT
..titl e
Amendment to Measure I Capital Improvement Plan for Fiscal Years 2024-2028. ..end

RECOMMENDATION
Adopt Resolution No. 2024 -027 to amend Resolution No. 2023 -067 revising the Measure I Capital Improvement Plan for Fiscal Year 2024-2028.
..body

FISCAL IMPACT
Projects identified on the Measure I Five Year Plan are funded with restricted Measure I revenues and are included in the City’s Capital Improvement Program.

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. 74 CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: AMENDMENT TO MEASURE I CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2024-2028.

PAGE: 2

BACKGROUND
Measure I, the San Bernardino County Transportation Sales Tax Program, requires that each local jurisdiction receiving annual program revenues adopt, by resolution, a Five -Year Capital Improvement Plan. The Capital Improvement Plan lists specific projects where Measure I Funds will be used. The Five -Year Measure I Capital Improvement Plan was adopted by Resolution No. 2023-067 on November 7, 2023, for Fiscal Years 2024-2028.

ISSUES/ANALYSIS
The Fiscal Year 2023 -2024 Capital Improvement budget allocated Measure I funding for two projects. Below is a summary of the projects and adjustments.  Coordinated Traffic Signal System (N7604)
Funding initially designated for Project N7604 has been reassigned to the Traffic Signal Synchronization Project (MS236), facilitating synchronization of traffic signals citywide.

 Preserve/College Park Slurry Project (MS222)

MS222 will be removed from the list as the Citywide Slurry Maintenance FY24 Project (NC241), encompasses both Preserve and College Park locations, therefore project MS222 will no longer be necessary.
 Traffic Signal Installation – Eucalyptus at Fern Avenue (TR240) Measure I funding will be used to supplement the pavement rehabilitation portion of the project.

These adjustments ensure compliance with the San Bernardino County Transportation Sales Tax Program requirements. Consequently, the City Council is required to approve an updated Fiscal Year 2023-2024 Measure I Capital Improvement Plan projects list. Resolution No. 2024- 027 outlines the revised Measure I Capital Improvement Plan for Fiscal Year 2023-2024.

Attachment: Resolution No. 2024-027

75 RESOLUTION NO. 2024-027

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING RESOLUTION NO. 2023-067 ADOPTING A FIVE-YEAR MEASURE I

CAPITAL IMPROVEMENT PLAN AND EXPENDITURE STRATEGY FOR FISCAL YEARS 2024-2028

WHEREAS, San Bernardino County voters approved the passage of Measure I in November 2004, authorizing San Bernardino County Transportation Authority, to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can be used only for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance 04-01 of the Authority; and

WHEREAS, the Strategic Plan requires that each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and

WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04 -01 require each local jurisdiction to maintain General Fund expenditures for transportation - related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five -Year Capital Improvement Plan, which for the City of Chino is $383,567; and

WHEREAS, Expenditure plans of the Ordinance require each local jurisdiction receiving revenue from the Local Streets Program to expend those funds pursuant to a Five-Year Capital Improvement Pl an adopted annually by resolution of the local jurisdiction; and

WHEREAS, SBCTA also requires that each local jurisdiction prepare an Expenditure Strategy.

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

SECTION 1. That the Measure I Five Year Capital Improvement Plan and Expenditure Strategy Fiscal Year 2023 -2024 through Fiscal Year 2027 -2028, copies of which are attached to this Resolution, are hereby adopted.

SECTION 2. That the City Clerk shall certify to the p assage and adoption of this Resolution and thereupon and thereafter the same shall take effect and be in full force.

76 RESOLUTION NO.2024-027

Page 2 of 3 ends

APPROVED AND ADOPTED THIS 18th DAY OF JUNE 2024.

EUNICE ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

77 RESOLUTION NO.2024-027

Page 3 of 3 ends

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

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 18th day of June 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachments: Exhibit A - Measure I Five Year Capital Improvement Plan and Expenditure Strategy Fiscal Year 2023-2024 through Fiscal Year 2027-2028.
78 Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/23 Carryover Balance $2,453,733.00
FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue Total Est. Rev. $2,430,358 $2,487,787 $2,560,428 $2,635,178 $2,712,100 $12,825,851 Projects:

C7053/TR131- Traffic Signal Modification at Riverside Drive and Ramona Avenue No No 0.0% 0.0% $331,758 $23,566 $0 $0 $0 $0 $23,566 C7061/TR152- Traffic Signal Modification at Telephone Avenue and Philadelphia Street Yes No 0.0% 0.0% $201,187 $201,187 $0 $0 $0 $0 $201,187 MS202- Accessibility Improvements Citywide No No 0.0% 0.0% $968,416 $537,576 $0 $0 $0 $0 $537,576 TR 220 Traffic Signal Modifications at San Antonio Avenue at Walnut Avenue, Philadelphia Street at Monte Vista Avenue Yes No 0.0% 0.0% $46,000 $46,000 $0 $0 $0 $0 $46,000 TR221 CCTV Camera Installation - Phase 3 No No 0.0% 0.0% $220,000 $220,000 $0 $0 $0 $0 $220,000 TRXXX TBD CCTV Camera Installation- Phase 4 No No 0.0% 0.0% $225,000 $0 $0 $225,000 $0 $0 $225,000 TR211 Traffic Signal Modifications- Riverside
Drive at Magnolia Avenue and Riverside Drive at
Mountain Avenue
No No 0.0% 0.0% $419,477 $263,331 $0 $0 $0 $0 $263,331
TR212 Traffic Signal Installation Monte Vista Ave
at Walnut Ave No No 0.0% 0.0% $317,605 $38,875 $0 $0 $0 $0 $38,875 TR214- Traffic Signal Upgrades- Philadelphia
Street at Town Square Avenue (Previous TR161) No No 0.0% 0.0% $176,986 $176,986 $0 $0 $0 $0 $176,986 ST182 - Bicycle, Pedestrian, & Transit Improvements No No 0.0% 0.0% $1,468,960 $74,621 $0 $0 $0 $0 $74,621 ST061 Pine Ave Connection SR71 No No 0.0% 0.0% $27,114,101 $350,000 $0 $0 $0 $0 $350,000 Maint. 7120-Traffic Control No No 0.0% 0.0% $316,000 $316,000 $0 $0 $0 $0 $316,000 Maint. 7140-Asphalt Maint No No 0.0% 0.0% $512,000 $512,000 $0 $0 $0 $0 $512,000 Maint. 7150-Concrete Maint No No 0.0% 0.0% $564,502 $564,502 $0 $0 $0 $0 $564,502 Reimb. R7221-East End Ave County Project No No 0.0% 0.0% $539,000 $539,000 $0 $0 $0 $0 $539,000 Reimb. R7231-Chino Hills Parkway Pavement Rehabilitation No No 0.0% 0.0% $1,000,000 $1,000,000 $0 $0 $0 $0 $1,000,000 MS232 Chino Spectrum Traffic Study No No 0.0% 0.0% $150,000 $150,000 $0 $0 $0 $0 $150,000 MS233 Citywide Telecommunication Plan No No 0.0% 0.0% $50,000 $50,000 $0 $0 $0 $0 $50,000 MS236 Traffic Signal Synchronization Plan No No 0.0% 0.0% $150,000 $150,000 $0 $0 $0 $0 $150,000 TR172 Traffic Signal Modification Ramona & Schaefer No No 0.0% 0.0% $687,730 $0 $0 $0 $0 $0 $0 ST222 - Kimball/El Prado/Central Traffic Improvements No No 0.0% 0.0% $180,827 $24,440 $0 $0 $0 $0 $24,440 ST241 - Local Street Rehab FY2024 No No 0.0% 0.0% $2,437,000 $500,000 $0 $0 $0 $0 $500,000 ST242 - College Park Roundabout Improvements No No 0.0% 0.0% $300,000 $102,000 $0 $0 $0 $0 $102,000 ST251 - Local Street Rehab FY2025 No No 0.
0% 0.0% $3,100,000 $0 $1,500,000 $0 $0 $0 $1,500,000

0.0% 0.0% $1,260,996 $175,000 $0 $0 $0 $0 $175,000

0.0 % 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
$6,015,084 $1,500,000 $225,000 $0 $0 $7,740,084
Total Programming is currently 51 % Total Estimated Programming: $7,740,084 (Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Projects Total:

Chino
Current
Estimate
Current
Estimate TotalCurrent
Estimate
Current
Estimate
Current
Estimate
2024-027 Jurisdiction:
18-Jun-24
Steven Galindo/ Management Analyst
(909) 334 - 3477
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/2028

Page 1 of 1 ends

TR240 - Traffic Signal Installation - Eucalyptus & Fern No No 79 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

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

SUBJECT
..titl e
Road Maintenance and Rehabilitation (SB1) Account Project List for Fiscal Year 2024-25. ..end

RECOMMENDATION
Adopt Resolution No. 2024 -028 to update the Road Maintenance and Rehabilitation (SB1) Account project list and projected revenues and authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There are sufficient funds in the adopted FY 2024-25 Operating Budget for these projects.

Revenue: Click or tap here to enter text.

Expenditure: 3277102-40000-ST251
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 80 CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: ROAD MAINTENANCE AND REHABILITATION (SB1) ACCOUNT PROJECT LIST FOR FISCAL YEAR 2024-25.

PAGE: 2

BACKGROUND
On April 28, 2017, the Road Repair and Accountability Act of 2017 (SB1) was signed into law by the Governor. On November 1, 2017, the State Controller began the deposit of various portions of this new funding into the newly created Road Maintenance and Reh abilitation Account (RMRA). A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highway Code (SHC) Section 2032(h). Prior to receiving an apportionment of RMRA funds from the State C ontroller in a fiscal year, a city or county must submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with these funds pursuant to an adopted city or county budget. In addition, the list of projects must also b e approved by the City Council via resolution. In compliance with the 2017 Local Streets and Roads Funding, Amended Annual Reporting Guidelines dated October 2017, staff identified and developed the various projects outlined in Resolution No. 2024-028 for new RMRA funding allocations.

ISSUES/ANALYSIS
The City receives an apportioned RMRA funding each fiscal year to fund a variety of citywide road and transportation improvement projects. The City of Chino is projected to receive an estimated allotment of $2,412,207 RMRA funds for FY2024-25.

Therefore, staff recommends that the City Council approve Resolution 2024-028, approving the List of Projects for FY2024 -25 to be funded by the Road Repair and Accountability Act of 2017 (SB1-RMRA) outlined below and described in further detail in the attached resolution:

Project
No. Project Title Project Location Project
Description
Anticipated
Project
Schedule
ST251
Local Street
Rehabilitation
Project
FY2024/25
 4th Street from Chino
Avenue to Riverside Dr.
 5th Street from Chino
Avenue to Riverside Dr.
 6th Street from Chino
Avenue to Riverside Dr.
 Monte Vista Avenue from
G St. to Harrison St.
 F St. from Monte Vista to
Central Ave.
 G St. from Monte Vista to
Central Ave.
 Cypress Ave. end of Cul -
Du-Sac North of Walnut to
Walnut Ave.
 Chino Ave. from Mountain
Ave. to Cypress Ave.

Grind and
overlay on
residential
streets and
provide
accessibility
improvements.

July 2024 –
June 2025

Attachments: Resolution 2024-028
ST251 Project Map
81 CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: ROAD MAINTENANCE AND REHABILITATION (SB1) ACCOUNT PROJECT LIST FOR FISCAL YEAR 2024-25.

PAGE: 3

82 RESOLUTION NO. 2024-028

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 202 4-25
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Chino are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Chino must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Chino, will receive an estimated $2,412,207 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the Eighth year in which the City of Chino is receiving SB 1 funding and will enable the City of Chino to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of Chino has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Chino used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Chino maintain and rehabilitate streets/roads, traffic signals, and add active transportation infrastructure throughout the City of Chino this year and similar projects into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City of Chino’s streets and roads are in an “ At-Risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into excellent condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have s ignificant positive benefits to the City of Chino.

83 RESOLUTION NO. 2024-028
PAGE 2

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF CHINO, STATE OF CALIFORNIA DOES HEREBY RESOLVE as follows:

The foregoing recitals are true and correct.

1. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024- 25 Road Maintenance and Rehabilitation Account revenues:

Project
No. Project Title Project Location Project
Description
Estimated
Useful
Life
Anticipated
Project
Schedule
ST251
Local Street
Rehabilitation
Project
FY2024/25
 4th Street from Chino Avenue
to Riverside Dr.
 5th Street from Chino Avenue
to Riverside Dr.
 6th Street from Chino Avenue
to Riverside Dr.
 Monte Vista Avenue from G St.
to Harrison St.
 F St. from Monte Vista to
Central Ave.
 G St. from Monte Vista to
Central Ave.
 Cypress Ave. end of Cul -Du-
Sac North of Walnut to Walnut
Ave.
 Chino Ave. from Mountain
Ave. to Cypress Ave.

Grind and
overlay on
residential
streets and
provide
accessibility
improvements.
10 Years July 2024 –
June 2025

2. The City Manager or her designee is hereby authorized as Signature Authority to execute all documents necessary to implement and secure any and all funds that may become available to the City from SB 1.

3. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED THIS 18th DAY OF JUNE 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

84 RESOLUTION NO. 2024-028
PAGE 3

State of California )
County of San Bernardino ) ss.

City of Chino )

I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting held on the 18th day of June, 2024 by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

85 Map data ©2024 Google1000 ft
86 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

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

SUBJECT
..titl e
Professional Services Agreement with Watearth, Inc. for the Lead and Copper Rule Revisions (LCRR) Compliance Program.
..end

RECOMMENDATION
Award a Professional Services Agreement to Watearth, Inc., Los Angeles, CA, in the amount of $110,273.80 for consulting services necessary for compliance with the Lead and Copper Rule Revisions (LCRR); and authorize the City Manager to execute all necessary doc uments on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2023 -2024 and Fiscal Year 2024 -2025 Water Services Program (5207300).

Revenue: Click or tap here to enter text.

Expenditure: 5207300-43560
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 87 CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: PROFESSIONAL SERVICES AGREEMENT WITH WATEARTH, INC. FOR THE LEAD AND COPPER RULE REVISIONS (LCRR) COMPLIANCE PROGRAM.

PAGE: 2

BACKGROUND
The United States Environmental Protection Agency’s (“USEPA”) Lead and Copper Rule (“LCR”) was established in 1991 to monitor and control the amount of lead and copper in drinking water. Lead and copper may enter the drinking water primarily through the corrosion of plumbing materials, and if present may cause adverse health effects . Since 1991 the LCR has undergone various revisions.

Prompted by a water quality circumstance that occurred in Flint, Michigan, in 2016 the USEPA announced plans to enhance oversight of state drinking water programs tasked with implementation of the LCR. In response, California Senate Bills 1398 (2016) and 427 (2017) were issued calling for public water systems to inventory and replace lead service lines.

Subsequently, in 2021, the USEPA issued revisions to the LCR. Those 2021 Lead and Copper Rule Revision s (LCRR) require community water systems to conduct an inventory of water service pipelines for the purpose of determining if those lines include lead and copper materials.

The USEPA issued its guidance information on the development of the required invent ory in 2022, and in 2023 released its template format and methodology instructions for gathering, organizing, and reporting the inventory information.

In California, the State Water Resources Control Board Division of Drinking Water (“DDW”) is the state regulatory agency with responsibility for permitting and conducting oversight of public water systems. According to the DDW, lead service lines like those discovered in Flint and other areas of the country are not common in California. However, some lead containing materials may have been used in the construction of older (pre -1984) plumbing, and the DDW elected to conform to the USEPA’s compliance schedule which calls for inventory data to be submitted by October 16, 2024. The LCRR -specified inventory shall form the basis for a subsequent service line replacement plan.

ISSUES/ANALYSIS
The City of Chino supplies drinking water to approximately 23,000 service connections, of which staff estimates approximately 12,500 were built prior to the City’s implemen tation of the 1985 Uniform Plumbing Code prohibiting utilization of lead and copper containing water plumbing materials. The LCRR indicates the required inventory of service pipelines must consider all service line materials extending from the water distri bution system main pipeline to and including the inlet to a building. LCRR-specified methodology includes the review of all available records and visual inspection of field conditions that may be necessary to document that a service line does or does not i ncorporate lead/copper material. If the nonexistence of lead cannot be demonstrated, then the service line is considered by default to be a lead service line.

In order to complete the LCRR -specified inventory of existing drinking water service pipelines within the required timeframe, the City solicited proposals from qualified firms listed on its Master On -Call Professional Services List. Two (2) proposals were received, evaluated and ranked by; experience/qualifications; past performance/references; plan m ethodology/project approach; quality of responsiveness of proposal; and cost evaluation. The final rankings are described below:

RANK CONSULTANT LOCATION COST
1 Watearth, Inc. Los Angeles, CA $110,273.80
2 Hazen & Sawyer Irvine, CA $212,770.00

88 CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: PROFESSIONAL SERVICES AGREEMENT WITH WATEARTH, INC. FOR THE LEAD AND COPPER RULE REVISIONS (LCRR) COMPLIANCE PROGRAM.

PAGE: 3

Therefore, City Staff recommends that the City Council approve a professional services agreement to Watearth, Inc., Los Angeles, CA, for $110,273.80 for consulting services necessary for compliance with the Lead and Copper Rule Revisions (LCRR).

Attachment: Professional Services Agreement – Watearth, Inc.

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

01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
WATEARTH, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 18TH day of June, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Watearth Inc., a California Corporation (“Consultant”).

City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For 90 01225.0001/863604.2 2
purposes of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement . The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”) . Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 91 01225.0001/863604.2 3
(d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract 92 01225.0001/863604.2 4
with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes , penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

1.8 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be 93 01225.0001/863604.2 5
responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Services.

City shall have the right , subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work , and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Ten Thousand Two Hundred Seventy -Three 94 01225.0001/863604.2 6
Dollars And Eighty Cents ($110,273.80) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion ; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified 95 01225.0001/863604.2 7
Payroll and proof that Certified Payroll has been submitted to the DIR.

Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

2.6 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the 96 01225.0001/863604.2 8
Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services , which shall be no later than June 30, 2025, except as otherwise provided in the Schedule of Performance ( Exhibit “D”).

This Agreement may be renewed by a written amendment for up to an additional two (2) one (1) year terms at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Jennifer Walker President
(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for 97 01225.0001/863604.2 9
directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Natalie Ávila, Associate Engineer, or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contract or of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 98 01225.0001/863604.2 10
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 99 01225.0001/863604.2 11
(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 101
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
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(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 103
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 104
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 105
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

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

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of ZERO DOLLARS ($0) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 106
01225.0001/863604.2 18
Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney ’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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01225.0001/863604.2 19

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub contractor without the express written consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which a ffects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 108
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Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 109
01225.0001/863604.2 21
“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP
__________________________ ___________________________

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

CONSULTANT:

WATEARTH, INC.

By:

Name: Jennifer J. Walker
Title: President
By:

Name:

Title:

Address: PO Box 39408
Los Angeles, CA 90039
Two corporate officer signatures required when C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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01225.0001/863604.2 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will provide on -call Water Resources Management and Environmental Consulting services, as more fully detailed in Exhibits “A -1” and “A-2”. The Consultant has been selected to provide services of a certain nature which will be readily available for a fixed rate when needed. However, before any work is performed, the Consultant must provide a specific written proposal for any requested services and get written approval of the terms of the proposal from the City, as such process is more fully described herein. Unless specifically defined, each category or type of work listed in Exhibit “A -1” shall be construed broadly to include all services customarily described under such category or type.

II. Work Request Procedure
A. Each task to be performed shall be set forth in a written request (“Request”) produced by the Project Manager with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement.

B. Following receipt of the Request, the Consultant shall prepare a “Task Proposal” that includes the following components:
1) a written description of the requested task (“Task Description”) including all components and subtasks, and including any clarifications of the descriptions provided in the Request;
2) the costs to perform the task (“Task Budget”);
3) an explanation of how the cost was determined; and
4) a schedule for completion of the task (“Task Completion Schedule”), including a final completion date (“Task Completion Date”).

C. Project Manager shall approve, modify, or reject the Task Proposal in writing, and issue a Notice to Proceed when a written agreement has been reached on the Task Proposal.

D. The task shall be performed at a cost not exceeding the Task Budget.

E. Consultant shall complete the task and deliver all deliverables to Project Manager by the Task Completion Date and in accordance with the Task Completion Schedule.

III. Consultant acknowledges that City has no obligation to request work from Consultant under this Agreement. City may establish a rotation schedule with multiple consultants, and may seek competing Task Proposals.
112

01225.0001/863604.2 A-2
IV. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A. Consultant shall provide to City a monthly written summary of progress on all approved Task Proposals for services lasting longer than one week. City may request more frequent written summaries on a task basis.

V. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
113

01225.0001/863604.2 A1-1
EXHIBIT “A-1”
I. The Water Resources Management Services performed by Consultant may include the following scope of work of potential task, but not limited to:

A. Development of Hydraulic Models

1. Including various hydraulic scenarios and full calibration

2. Full Model Calibration based on SCADA Data
B. Data Collection/ Review
C. Demand Monitoring/ Projection
D. Design of Model Criteria

1. Specific use of Innovyze InfoWater and InfoSWMM software for all model scenarios/reports
E. Grant Funding Development and Management

II. The Lead and Copper Rule Revision Services performed by Consultant may include the following scope of work of potential task, but not limited to:

A. Phase I: Program and Inventory Development

1. Task 1: LSL Inventory Framework
a. Develop Framework and Prepare Gap Analysis

2. Task 2: Funding Assistance
a. Identify and Develop Gran Applications
B. Phase II: Program Implementation and Regulatory Compliance

3. Task 3: Public Outreach and Education Program Development a. Develop Verification Forms and Schedule Guidelines
b. Develop Public Meeting Agenda
c. Develop Supporting Outreach Collateral

4. Task 4: Project Team Meetings
a. Attend Project Team Meetings

5. Task 5: Develop Lead Service Line Replacement (LSLR) Plan 114

01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

115

01225.0001/863604.2 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. I. Consultant shall establish a Task Budget for each Task identifying the subtasks, based on the time and rates of the personnel performing the subtasks, and itemizing all materials and equipment utilized and the costs thereof. If payment is to be made other than at completion of the services, then the phases of the performance and percentage of payment due shall also be shown in the Task Proposal.

II. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.

III. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

IV. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. 116

01225.0001/863604.2 C1-1
EXHIBIT “C-1”

117

01225.0001/863604.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform Services on an on -call basis as set forth in Exhibit A.

Consultant shall complete each Task no later than the Task Completion Date set in the Task Proposal and shall not receive additional compensation for work completed after the Task Completion Date.

II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
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MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

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

SUBJECT
..titl e
Approve a ninth amendment to the Professional Services Agreement with EXP U.S. Services Inc., for Projects ST203 Pine Avenue Improvements and ST204 Pine Avenue at State Route 71 Interchange Ramp Improvements.
..end

RECOMMENDATION
Approve a ninth amendment to EXP U.S. Services, Inc. San Bernardino, CA, Contract 2021-053 for $80,918 for a total agreement amount not to exceed $1,070,689. 93 for preliminary engineering and design services; and authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2023 -24 Capital Improvement Program Budget for Project Nos. ST203 Pine Avenue Improvements and ST204 Pine Avenue at State Route 71 Interchange Ramp Improvements. The appropriations and budget allocations are summarized below:

ST203 – Pine Avenue Improvements:

Fund Adopted Budget Expenditures/
Encumbrances Available Budget
Transportation Fund - 320 $3,732,165.00 $2,169,340.59 $1,562,824.41

ST204 - Pine Avenue at State Route 71 Interchange Ramp Improvements:

Fund Adopted Budget Expenditures/
Encumbrances Available Budget
Caltrans Grant (G7203) * $1,000,000.00 $39,723.19 $960,276.81 Transportation Fund (320) $7,000.00 $5,862.50 $1,137.50 Measure I Arterial
Subprogram Fund (328) $3,200,000.00 $665,809.67 $2,534,190.33 TOTALS: $4,207,000.00 $711,395.36 $3,495,604.64
* State Highway Operation and Protection Program (EA1L370-SOP)

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES 119
CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: APPROVE A NINTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH EXP U.S. SERVICES INC., FOR PROJECTS ST203 PINE AVENUE IMPROVEMENTS AND ST204 PINE AVENUE AT STATE ROUTE 71 INTERCHANGE RAMP IMPROVEMENTS.

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The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Financial Stability
 Responsible Long-Range Planning
Revenue: Click or tap here to enter text.

Expenditure: 3207100 – 48004 – ST203
3207100 – 48004 – G7203
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 120
CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: APPROVE A NINTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH EXP U.S. SERVICES INC., FOR PROJECTS ST203 PINE AVENUE IMPROVEMENTS AND ST204 PINE AVENUE AT STATE ROUTE 71 INTERCHANGE RAMP IMPROVEMENTS.

PAGE: 3

BACKGROUND
ST203 - Euclid and Pine Avenue Intersection and Street Improvement Project ST203 encompasses two main components: improving the Euclid Avenue and Pine Avenue intersection and widening Pine Avenue. The primary goal of project ST203 is to widen Pine Avenue between Euclid Avenue and Johnson Avenue to the ultimate six-lane configuration with a landscaped median. This widening requires enhancements to the Euclid Avenue and Pine Avenue intersection to align with the widened roadway.

Pine Avenue, between Euclid and Hellman Avenues, is a master -planned facility included in the City’s Development Impact Nexus and Calculation Report, which will be a six -lane arterial roadway with a raised landscaped median. Completion of Project ST203 will enhance roadway and intersection safety, increase traffic flow, relieve traffic congestion, and improve the quality of life for the residents in the regions including south Chino area; residents of the Cities of Eastvale, Ontario, and Norco. Project ST203 requires additional rights -of-way, relocation of existing utilities, changes in vertical profile, modification of intersections, new pavement and striping, provisions for new sewer, domestic water, recycled water, drainage, and water quality facilities. Construction of these new improvements will require coordination with adjacent property owners with review and permits from the Army Corps of Engineers, Orange County Flood Control District, Caltrans, the California Department of Fish and Wildlife, and utility companies. This project will raise the profile of the low point on Pine Avenue prone to flood inundation and eliminate/minimize closures during heavy rains.

On April 5, 2022, City Council approved Amendment No. 4 to the Professional Services Agreement with EXP U.S. Services, Inc. to expand the scope of work to include design services for the Pine Avenue Improvements Project (ST203). The engineering design for the Pine Avenue Widening from Euclid Avenue to Johnso n Avenue and the Euclid Avenue/Pine Avenue Intersection is at approximately 65 percent completion.

ST204 – Pine Avenue at State Route 71 Ramp Extension
On July 7, 2020, the City Council approved a Professional Services Agreement with EXP U.S.

Services, Inc., San Bernardino, CA (“EXP”), for $499,450 and a design contingency amount of $50,000 for a total agreement amount not -to-exceed $549,450 for the Pine Avenue at SR71 Interchange Ramp Improvement Project (“ST204”). This project seeks to widen both north and southbound ramps and provide dedicated right -turn lanes in preparation for the eventual connection of Pine Avenue with the Pine Avenue Extension Project (ST061). Through the course of project design, additional amendments were obtained for environmenta l compliance or in response to review comments by Caltrans (see Amendment Summary Table below).

The project has completed all environmental reports and CEQA compliance, with the Notice of Exemption being registered with the County Clerk of San Bernardino on January 23, 2023, and the CEQA net website on February 3, 2023. The engineering portion of the project has gone through numerous Caltrans reviews and stakeholder input; including Southern California Edison and City of Chino Hills.

ISSUES/ANALYSIS
121
CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: APPROVE A NINTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH EXP U.S. SERVICES INC., FOR PROJECTS ST203 PINE AVENUE IMPROVEMENTS AND ST204 PINE AVENUE AT STATE ROUTE 71 INTERCHANGE RAMP IMPROVEMENTS.

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ST-203 – Euclid and Pine Avenue Intersection and Street Improvement Amendment No. 9 proposes an update to the design package to include the addition of a dedicated right turn lane and raised island at the northeast corner of the Pine Ave and Euclid Avenue intersection. This additional improvement aims to enhance the northeast corner, aligning with the project's goal to optimize traffic flow and safety.

ST-204 - Pine Avenue at State Route 71 Ramp Extension
In December 2023, Caltrans provided new comments on the 100 -percent plan submittal changing their position regarding the shoulder width next to the right -turn lane on the southbound exit ramps. These comments have resulted in the need for a complete redesign of the ramp, including pavement, shoulder back ing, side slope, landscaping, and drainage elements.

Additionally, due to the frequent updates of the Caltrans Standard Plans, Standard Specifications and Standard Special Provisions, several updates to the design package were performed. Significant effo rt was also provided by the project team to coordinate the potholing necessary for environmental compliance. These efforts have exhausted the funds the City provided to date. Amendment No. 9 addresses these latest design change requirements.

The summary of amendments to the Professional Services Agreement with EXP is as follows:

Date Contract
ST203
(Pine Ave
Widening)
ST204
(SR 71/Ramp
Imp.)
Contingency
07/07/2020 Original Agreement $499,450 $50,000
03/16/2021 Amendment No. 1 $55,000
07/01/2021
Amendment No. 2
(Term extension only) $0 $0 $0
10/05/2021 Amendment No. 3 $70,351.93
04/05/2022
Amendment No. 4
(Addition of ST203) $167,220 $45,690 $16,722
07/01/2022
Amendment No. 5
(Term extension only) $0 $0 $0
12/06/2022 Amendment No. 6 $115,080
07/01/2023 Amendment No. 7 $6,600 -($6,600)
10/19/2023 Amendment No. 8 $30,380 -($30,380)
06/04/2024 Amendment No. 9 $34,950 $45,968
Total for ST203 & ST204 $354,230 $716,459.93
Total Agreement & Remaining Contingency $1,070,689.93 $29,742

It should be noted that the City Council approved design contingency currently remains at $29,742. Staff intends to keep the remaining design contingency to accommodate potential unanticipated design services beyond those identified in Amendment No. 9.

Staff recommends City Council approve Amendment No. 9 with EXP for $80,918 ($34,950 for 122
CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: APPROVE A NINTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH EXP U.S. SERVICES INC., FOR PROJECTS ST203 PINE AVENUE IMPROVEMENTS AND ST204 PINE AVENUE AT STATE ROUTE 71 INTERCHANGE RAMP IMPROVEMENTS.

PAGE: 5

ST203 and $45,968 for ST204) for additional professional design services for projects ST203 and ST204. This amendment will revise the total not to exceed contr act amount to $1,070,689.13.

Attachment: Exhibit A – Project Location Map
Exhibit B - Amendment No. 9 – EXP U.S. Services, Inc (ST203 & ST204)

123
124
Project Name/No.: Pine Ave. Improvements (ST203) Contract.: 2021-053 (A9) and Pine Ave. Extension to SR71
Ramp Widening Design Services (ST204)

Project Manager: PW/ M. Hindersinn Approved: __________

AMENDMENT NO. 9

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and EXP U.S. Services, Inc., an Illinois Corporation (“Consultant”) is effective as of the 4th day of June, 2024.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated July 7 th, 2020 (“Agreement”) whereby Consultant agreed to perform Design Engineering Design Services for Project ST204.

B. City and Consultant executed a First Amendment to the Agreement on March 16 th, 2021, to increase compensation and to add to the scope of services.

C. City and Consultant executed a Second Amendment to the Agreement on July 1st, 2021, to extend the term of the Agreement.

D. City and Consultant executed a Third Amendment to the Agreement on October 5 th, 2021, to increase compensation and to add to the scope of services.

E. City and Consultant executed a Fourth Amendment on April 5 th, 2022, to increase compensation and to add to the scope of services.

F. City and Consultant executed a Fifth Amendment on July 1st, 2022, to extend the term of the Agreement.

G. City and Consultant executed a Sixth Amendment on December 6 th, 2022, to increase compensation and to add to the scope of services.

H. City and Consultant executed a Seventh Amendment on July 1 st, 2023, to increase compensation, add to the scope of work, and extend the term of the Agreement.

I. City and Consultant executed an Eighth Amendment on September 26 th, 2023, to increase compensation and add to the scope of work.

J. City and Consultant now desire to amend the Agreement to increase compensation and add to the scope of work.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. 125

01225.0001/863605.1
(a) Section 2.1, Contract Sum is hereby revised to increase the Contract Sum by Eighty Thousand Nine Hundred Eight een Dollars and Zero Cents ($ 80,918.00) for performance of additional Design Engineering services for Project ST20 3, and shall read in its entirety as follows:
“Subject to any limitations set forth in this agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Million Seventy Thousand Six Hundred Eighty -Nine Dollars and Ninety -Three Cents ($1,070,689.93) (the “Contract Sum”), unless additional compensation is approved pursuant to Section

1.10.”
(b) The scope of services provided in Exhibit “A” of the Agreement is amended to include the additional scope of services and fee schedule described in Exhibit “A-9”, attached hereto

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

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

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

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

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

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
126

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

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

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

CONSULTANT:

EXP U.S. SERVICES, INC.:

By:

Name: Syed Raza
Title: Vice President

By:

Name: Khalil Saba
Title: Vice President

Address: 451 E. Vanderbilt Way, Suite 375
San Bernardino, CA 92408

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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“A9-1”

01225.0001/863605.1
“Exhibit A-9”

EXP’s scope of work for the project consists of preparing roadway and signal modification plans for the intersection of Euclid and Pine avenues with environmental, surveying, right of way and geotechnical services to be provided by others.

This is in reference to EXP U.S. Services’ Design Services Contract with the City of Chino (City) regarding the Euclid/Pine Avenue Intersection Improvement Project (ST203). We have revised our cost proposal to only include adding raised island and a free right turn lane for west to north movement in the Northeast corner of the intersection. Previously we had also included adding a free right-turn lane and raised island for the south to west movement. This has now been removed based on the discussion during our meeting.

Attached is our detailed cost proposal (broken down by task) for a not to exceed amount of $34,950 for your review and consideration please. The proposal includes updating the 65% and 95% PS&E package, any engineering reports affected by the change and add ing Intersection Grid Plan as requested by the City at the coordination meeting held on February 8, 2024.

This is in reference to EXP U.S. Services’ Design Services Contract with the City of Chino (City) regarding the State Route 71 (SR -71)/Pine Avenue Ramp Widening Improvement Project (ST204). EXP’s scope of work for the project consists of preparing roadway and signal modification plans for the ramp intersections of SR -71 and Pine Avenue including providing environmental, surveying, right of way and geotechnical services. This Change Order in the amount of $46,981.14 will cover the additional cost needed by E XP and its landscape sub - consultant (David Evans & Associates) to finalize the project, as shown in the attached financial status and cost proposal.
128
FIRM: EXP U.S. Services Inc.

ROLE: PRIME CONSULTANT
TASK Syed Raza Ryan Luong Christine Brown Zoe McMohan Mitsuru Tanaka NO. Project Manager Drainage Engineer Design Lead Designer Traffic Lead $160.00 $150.00 $125.00 $125.00 $125.00 EXP COST

1.2 Coordination and Meetings 4 4 8 $1,140.00
SUBTOTAL 4 4 8 $1,140.00

2.1 Update roadway layouts, profile, curb returns, curb ramps, sidewalk etc. 4 40 44 $5,500.00

2.2 Create intersection grid plan 80 80 $10,000.00

2.3 Update traffic signal plans 16 16 $2,000.00

2.4 Update drainage plans 4 8 12 $1,600.00

2.5 Update street lighting, signing and pavement delineation plans 16 16 $2,000.00

2.6 Update drainage report and WPCP 4 8 12 $1,600.00

2.7 Perform QC 2 2 4 $570.00

2.8 Submit to City for review 1 1 $160.00
SUBTOTAL 3 8 6 136 32 185 $23,430.00

3.1 Update roadway layouts, profile, curb returns, curb ramps, sidewalk etc. 4 16 20 $2,500.00

3.2 Update traffic signal plans 8 8 $1,000.00

3.3 Update drainage plans 2 4 6 $800.00

3.4 Update construction staging and traffic handling plans 16 16 $2,000.00

3.5 Update street lighting, signing and pavement delineation plans 8 8 $1,000.00

3.6 Update drainage report and WPCP 2 4 6 $800.00

3.7 Perform QC 2 2 4 $570.00

3.8 Submit to City for review 1 1 $160.00

3.9 Incorporate City's comments 2 2 4 4 12 $1,550.00
SUBTOTAL 3 6 8 28 36 81 $10,380.00
SUBTOTAL HOURS : 10 14 18 164 68 274
SUBTOTAL LABOR : $1,600.00 $2,100.00 $2,250.00 $20,500.00 $8,500.00 $34,950.00 TOTAL : $34,950.00

UPDATE PS&E PACKAGE TO ACCOMMODATE FREE WEST TO NORTH RIGHT TURN LANE AND RAISED ISLAND TASK 3 -UPDATE 95% PS&E Package
TASK 1 - PROJECT MANAGEMENT
TASK 2 -UPDATE 65% PS&E Package
EXP U.S. Services Inc. - Detailed Labor and Fee Breakdown Pine Avenue Improvements (ST203)
TASK DESCRIPTIONS Total Hours
City of Chino
“A9-” 129
FIRM: EXP U.S. Services Inc.

ROLE: PRIME CONSULTANT
TASK Syed Raza Luis Betacourt Ryan Luong Jose Carrillo Mitsuru Tanaka David Evans & Associates
NO. Project Manager Senior Specialist Drainage Lead DesignerEngineer Traffic Lead Sub-consultant $363.57 $317.29 $316.91 $105.44 $105.44 EXP COST TOTALCOST

1.2 Coordination and Meetings 8 8 $2,908.56 $2,908.56
SUBTOTAL 8 8 $2,908.56 $2,908.56

3.1 Finalize roadway layouts, cross-sections, profile, curb returns, curb ramps, sidewalk etc. 40 40 $4,217.60 $4,217.60

3.2 Finalize traffic signal plans 40 40 $4,217.60 $4,217.60

3.3 Finalize drainage plans 4 8 12 $2,111.16 $2,111.16

3.4 Finalize construction staging and traffic handling plans 15 15 $1,581.60 $1,581.60

3.5 Finalize street lighting, signing and pavement delineation plans 40 40 $4,217.60 $4,217.60

3.6 Finalize retaining wall plans 16 16 $1,687.04 $1,687.04

3.7 Finalize landscaping, irrigation and erosion control plans (David Evans & Associates) $7,486.00 $7,486.00

3.8 Finalize Standard Special Provisions 16 16 32 $6,763.68 $6,763.68

3.9 Finalize drainage report and SWDR 8 8 $2,535.28 $2,535.28

3.10 Finalize PEER & DSDD 8 4 12 $2,960.08 $2,960.08

3.11 Perform QC and incorporate comments 4 4 $1,269.16 $1,269.16

3.12 Submit to Caltrans for final review 4 4 $421.76 $421.76

3.13 Incorporate Caltrans' comments 4 2 8 4 18 $3,168.26 $3,168.26

3.14 Submit to Caltrans for approval 4 4 $421.76 $421.76 SUBTOTAL 0 32 14 100 99 245 $35,572.58 $43,058.58
SUBTOTAL HOURS : 8 32 14 100 99 253
SUBTOTAL LABOR : $2,908.56 $10,153.28 $4,436.74 $10,544.00 $10,438.56 $38,481.14 $7,486.00 $45,967.14 TOTAL : $45,967.14

UPDATE PS&E PACKAGE TO ACCOMMODATE FREE WEST TO NORTH AND SOUTH TO WEST RIGHT TURNS TASK 3 -Complete 100% PS&E and Technical Engineering Reports TASK 1 - PROJECT MANAGEMENTE
XP U.S. Services Inc. - Detailed Labor and Fee Breakdown SR-71/Pine Avenue Ramp Widening Project (ST204)
TASK DESCRIPTIONS Total Hours
City of Chino
“A9-”
130

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

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

SUBJECT
..titl e
Accept public improvements as complete for Tract Map Nos. 16837, 16997, and 16998. ..end

RECOMMENDATION
Final Acceptance of Public Improvements for Tract Map Nos. 16837, 16997, and 16998, generally located between the Cypress Channel and Euclid Avenue in the College Park Specific Plan area.
..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. 131
CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: ACCEPT PUBLIC IMPROVEMENTS AS COMPLETE FOR TRACT MAP NOS. 16837, 16997, AND 16998.

PAGE: 2

BACKGROUND
On September 7, 2004, the City of Chino entered into the College Park Development Agreement (“DA”) with SCC/College Park, LLC (“SunCal”), the City of Chino Redevelopment Agency, and the State of California. The DA was entered into to help guide the orderly development of College Park, which was envisioned as a master -planned residential community. Additionally, the DA set the terms and conditions of development on property owned by SunCal and established the rights and obligations of the developer and the C ity during development. The DA also outlines the various terms and conditions associated with constructing public improvements within and surrounding the College Park Specific Plan area.

The DA, in conjunction with the conditions of approval for Tract Map No. 16837 and nine “B” level residential tracts, required SunCal and its guest builders to design and construct various public improvements as a condition to the development of College Park. Tract Map No. 16837 is the underlying “A” level subdivision that provides for the design and construction of various backbone facilities for College Park Phase 1, as shown on Exhibit A. Tract Maps Nos. 16997 and 16998 are the remaining two tracts out of the nine “B” level residential tracts located within Tract Map No. 16837 that still require final acceptance by the City Council for the remaining public improvements.

The public improvements conditioned under each tract necessitated the execution of a Subdivision Improvement Agreement (“SIA”) and posting of the necessa ry securities to ensure the timely delivery of the required public improvements. The SIAs are summarized below:

Developer / Guest Builder Tract City Council Approval
SunCal Tract Map No. 16998 January 17, 2006
LB/L-Pacer College Park PA2, LLC Tract Map No. 16997 July 18, 2006 SunCal Tract Map No. 16837 August 19, 2008

Under normal circumstances, the final acceptance of public improvements would occur only when all required improvements are completed. However, on August 19, 2008, at SunCal’s request, the City Council approved a partial acceptance / bond reduction for Tra ct Map No. 16837 for the completed water, sewer, storm drain, and partial street improvements.

Subsequently, on October 20, 2009, the City Council approved a Development Impact Fee (“DIF”) reimbursement agreement for this tract for the widening on Fern an d San Antonio Avenues located west of Euclid Avenue. The remaining unaccepted street improvements for this tract are highlighted in the attached Exhibit A, which includes but is not limited to, major roadways such as Eucalyptus Avenue and San Antonio Avenue.

Upon the partial acceptance of the public improvements by the City Council, SunCal provided to the City a bond rider for the amended amount, which decreased the bond premium significantly to help reduce costs incurred by the developer. Subsequently, in 2010, SunCal filed for bankruptcy and the rights and interests to the DA were transferred with the sale of the property to LS College Park, LLC (“Lennar”).

Additionally on August 21, 2012, the City Council approved a partial acceptance / bond reduction fo r most of the public improvements constructed with Tract Map No. 16997. The remaining improvements consist of street capping, driveways, sidewalks, and parkway 132
CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: ACCEPT PUBLIC IMPROVEMENTS AS COMPLETE FOR TRACT MAP NOS. 16837, 16997, AND 16998.

PAGE: 3

landscape, which were ultimately constructed by DR Horton as part of the purchase of undeveloped lots from Pacer within the tract.

ISSUES/ANALYSIS
On November 15, 2022, the City Council approved five separate settlement agreements with developers including Lennar. The agreement with Lennar addressed disputes related to public street improvements constructed in the College Park Specific Plan area that didn’t meet the City’s accessibility requirements. All tracts within College Park were part of the settlement agreement; however, Tract Map Nos. 16837, 16997, and 16998 were not made a part of the settlement agreement since the securities were not obtained through Lennar.

According to the settlement agreement with Lennar, all parcels on which plans and specifications for development or encroachment permits that were approved by the City prior to December 31, 2016, are considered a “Category A” parcel. For “Category A” parcels, the settlement agreement specifies that the City would accept the public improvements as -is provided the developer submits all required documentation to close out a project incl uding, but not limited to, the submittal of “as-built” drawings. Therefore, had TMs 16837, 16997, and 16998 been included in the settlement agreement, they would have been considered “Category A” parcels.

City staff has been coordinating with Lennar Homes to continue the process of closing out the various residential tracts in accordance with the settlement agreement. As part of this effort, staff also recommends proceeding with the acceptance of public improvements within Tract Maps Nos. 16837, 16997, and 16998 to allow for the long overdue commencement of operation and maintenance activities in these residential communities. This recommended approach to the acceptance of public improvements was reviewed and approved by the Infrastructure Committee on March 27, 2024.

The public improvements that are being accepted by the City of Chino include street and utility improvements. All public improvements that were part of the conditions of these projects were fully funded by the developers.

Upon 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:

Public Street Sweeping: By the City
Public Domestic Water: By the City
Public Recycled Water: By the City
Public Sewer: By the City
Public Storm Drain: By the City
Public Streetlights: By the HOA
Parkway Landscaping: By the HOA

Attachment: Exhibit A College Park Phase 1 Location Map

133

EUCALYPTUS AVEEUCALYPTUS AVE

EUCLID AVE

CLEMSON STCLEMSON ST

SAN ANTONIO AVE

FERN AVE

VANDERBILT STVANDERBILT ST

EDINBORO STEDINBORO ST

DUBLIN DRDUBLIN DR

PURDUE AVE

YOUNGSTOWN STYOUNGSTOWN ST

BAYLOR AVE

WHEATON STWHEATON ST

ELMHURST AVE

RICE AVE

BIRMINGHAM DRBIRMINGHAM DR

MERRILL AVEMERRILL AVE

WABASH STWABASH ST
M

ADERA ST
M

ADERA ST

PIEDMONT STPIEDMONT ST

TUSKEGEE AVE

BETHANY AVE

BETHANY AVE PERSIMMON STPERSIMMON ST

BELHAVEN AVE

BIOLA STBIOLA ST
M

ANCHESTER AVE
M

ANCHESTER AVE

ROCHESTER AVE

SHEFFIELD STSHEFFIELD ST

COLGATE AVE

GUILFORD AVE

GUILFORD AVE
TEM

PLE AVE
TEM

PLE AVE

EXCELSIOR AVE

COLBY AVE

CORNELL AVE

GENEVA STGENEVA ST
AM
ES AVE
AM
ES AVE
M

ICKENDREE AVE
M

ICKENDREE AVE

LA SALLE AVE

SAGINAW STSAGINAW ST

LEHIGH STLEHIGH ST
W

HITEBARK CT
W

HITEBARK CT

PERSIMMON CTPERSIMMON CT

EUCLID AVE

EUCLID AVE
¯
LEGEND:

TR 16837 BOUNDARY

PARCELS

STREET IMPROVEMENTS
TRACT 16997
TRACT 16998

CITY BOUNDARY
EXHIBIT "A"
16998
16997
134

MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 18, 2024

TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES/RISK

MANAGEMENT

SUBJECT
..titl e
Classification and Compensation Adjustments Based on Results of Citywide Classification and Compensation Study.
..end

RECOMMENDATION
..recommendation
1) Adopt Resolution 2024 -029 approving Classification and Salary Schedule adjustments as needed for positions represented by the American Federation of State, County, and Municipal Employees (AFSCME); Chino City Hall Confi dential Employee Association; Chino Police Professional Employee Association (CPPEA); Teamsters Local 1932 Professional, Technical, and Clerical Unit; Unrepresented Management, Unrepresented Deputy Directors, and Part-Time Employees; and 2) approve an estimated appropriation in the amount of $3.1 million. ..body

FISCAL IMPACT
Requires an estimated appropriation of $3.1 million from the following funds:

Fund 100-$869,827 Fund 310-$20,212 Fund 320-$202,332 Fund 330-$719,332 Fund 340-$11,010 Fund 350-$5,233 Fund 360-$147,393 Fund 361-$9,269 Fund 520-$331,566 Fund 530-$117,783 Fund 540-$110,766 Fund 550-$63,850 Fund 610-$111,397 Fund 630-$70,424 Fund 640-$82,999 Fund 650-$124,001 Fund 660-$93,597
There is sufficient fund balance in each fund for these appropriations.

Revenue:

Expenditure: VARIOUS
Transfer In: Transfer Out:
135
CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: CLASSIFICATION AND COMPENSATION ADJUSTMENTS BASED ON RESULTS OF CITYWIDE CLASSIFICATION AND COMPENSATION STUDY.

PAGE: 2

BACKGROUND
In February 2022, the City contracted with the firm Koff & Associates to conduct a Classification and Compensation Study in compliance with an agreement contained in a Memorandum of Understanding between the City and AFSCME. Following the complex and comprehensive process, and months of negoti ations between the City and AFSCME representatives, on November 21, 2023, the City Council adopted Resolution No. 2023 -073 amending portions of the Classification and Salary Schedule to reflect the implementation of the AFSCME Study.

Koff & Associates continued with a Citywide Classification and Compensation Study (Study) at the direction of the City Council. The same comprehensive and time -intensive process used in the AFSCME Study was followed for the remainder of the City positions (sworn employees were excluded as they fall under a different labor agreement timeline). Adoption of Resolution No. 2024-029 will approve the adjustments to the City’s Classification and Salary Schedule and title changes for job classifications as recommen ded by the Citywide Study. The Study’s recommendations incorporate input from Position Description Questionnaires, interviews with a large number of incumbents, Department and supervisory feedback, and use of the Council - adopted standard survey cities for market comparisons. Internal equity was also factored into the proposed resolution to align classification series appropriately and maintain necessary differentials between ranges.

ISSUES/ANALYSIS
Reviewing classifications allows organizations to identify the specific skills and knowledge required for a particular position, as well as the level of responsibility and authority associated with the job. Evaluating the compensation structure helps cities identify disparities and inconsistencies in pay scales in order to make adjustments to align with industry standards and internal job relationships and series. This Study is not an administrative exercise; it is a strategic investment in the City's most valuable asset - its employees.

As referenced above, the Study involved an analytical and systematic process, which included the following steps:
 Employees completed a detailed and comprehensive Position Description Questionnaire (PDQ) which typically required a minimum of five hours to complete.  Management reviewed every PDQ submitted by their team members and provided their own input.
 Koff & Associates representatives interviewed employees (individually or by working groups) to afford the employees the opportunity to explain and discuss their job dutie s and their supervisors for clarification when needed or when a position was vacant to gather pertinent information.

Compiling all of the data obtained from these efforts, Koff & Associates drafted job descriptions for every affected City classification. T hese were relied upon to ensure that the City of Chino positions were accurately compared with the 11 Council -adopted survey cities to ensure accurate job matches. The research completed by the consultant and City management resulted in the recommendation of numerous position title changes to accurately represent job functions and ensure keeping pace with the job market standards. The recommended title updates are shown in Resolution No. 2024-029.
136
CITY COUNCIL MEETING DATE: JUNE 18, 2024
TITLE: CLASSIFICATION AND COMPENSATION ADJUSTMENTS BASED ON RESULTS OF CITYWIDE CLASSIFICATION AND COMPENSATION STUDY.

PAGE: 3

The consultant then used the job classifications to compi le compensation data to place City of Chino positions at the average in wage earnings among the survey cities, at the direction of the City Council. Positions which had no matches, are challenging to fill, and/or experience a high turnover rate due to competition in the market, were identified and received further analysis and adjustments to overcome these factors.

In compliance with the Memorandums of Understanding with the City’s represented employees, City management met and conferred with the Chino Cit y Hall Confidential Employee Association; the Chino Police Professional Employee Association; and Teamsters Local 1932 Professional, Technical, and Clerical Unit to review the proposed adjustments. All of the bargaining groups were in agreement with the up dated Classification and Compensation Schedule. Department Directors were charged with reviewing the information with the unrepresented staff members.

All management, non -management, and part -time salaries were evaluated by the consultant and City management; the recommended adjustments are reflected in the updated Classification and Salary Schedule attached to Resolution No. 2024 -029. No Executive Management salaries are recommended for any adjustment.

Staff recommends that the City Council adopt Resolution No. 2024-029 approving Classification and Salary Schedule adjustments and title changes for job classifications and appropriating the requested funds.

Attachment: Resolution 2024-029

137

RESOLUTION NO. 2024-029

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, ADDRESSING ADJUSTMENTS TO THE CITY’S

CLASSIFICATION AND SALARY SCHEDULE FOR IMPLEMENTATION OF

CLASSIFICATION AND COMPENSATION STUDY FINDINGS

WHEREAS, the City Council of the City of Chino has the authority to create and maintain position classifications; and

WHEREAS, the City Council of the City of Chino has historically adopted resolutions to establish salaries, benefits, and terms and conditions of employment for City employees and subsequent resolutions to establish changes to salaries, benefits, and terms and conditions of employment for City employees; and

WHEREAS, the City C ouncil of the City of Chino authorized the completion of a Classification and Compensation Study to ensure that job classifications and pay structures are aligned with the local government market and are fair, competitive, and compliant; and

WHEREAS, job titles and salaries shal l be adjusted as a result of the C lassification and Compensation Study performed; and

WHEREAS, the adjustments included in the attached updated Classification and Salary Schedule will assist the City in attracting , retaining, and motivating talent; make adjustments to align with labor market standards and internal equity; and continue to demonstrate that City of Chino employees are valued by the organization.

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Chino does hereby adopt the attached Classification and Salary Schedule with the adjustments effective on the pay period that includes July 1, 2024.

SECTION 1. CLASSIFICATION TITLE CHANGES AND NEW CLASSIFICATIONS.

The following job classifications are proposed for title changes or are new classifications. New or adjusted salary ranges are noted in Section 2.

Current Title Proposed Title
Account Clerk I Customer Service Representative I
Account Clerk II Customer Service Representative II
Account Clerk III Senior Customer Service Representative Administrative Secretary Administrative Assistant
Assistant Parks & Capital Projects Manager Assistant Parks and Facilities Manager Assistant Project Coordinator Project Coordinator
Assistant Water Utilities Supervisor Water Utilities Supervisor Budget Coordinator Budget Manager
Cable TV Associate Broadcast Associate
Cable TV Production Coordinator Broadcast Coordinator
138

Resolution No. 2024-029

Page 2 of 13 ends

Chino City CouncilJune 18, 2024

Chino City Council
June 18, 2024