Agenda packet — Chino City Council, July 16, 2024 (part 1 of 3)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers. Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.

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

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JULY 16, 2024

REGULAR MEETING
AGENDA
CLOSED SESSION – 4:00 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

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

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

CLOSED SESSION

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

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
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JULY 16, 2024 2

3. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency designated representatives: Fred Galante, City Attorney and Geriann Kingslan, Director of Human Resources/Risk Management
Unrepresented employee: City Manager

FLAG SALUTE

CEREMONIALS
Retirement Recognition. Recognition of Chino Police Department Lieutenant Brian Cauble in recognition of 27 years of dedicated service to the City of Chino and its residents.

Retirement Recognition. Recognition of Community Services, Parks & Recreation Specialist Marianne Brown in recognition of 29 years of dedicated service to the City of Chino and its residents.

General Plan Update Outreach. Recognition of Youth Participants in the General Plan Update Outreach.

Chino Valley Fire District. Introduction of New Hire Firefighter/Paramedics.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
External Agency Report. Receive and file the External Agency Report for July 2024 (Covering May 1, 2024 - May 31, 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 warrants 771473 to 771586, and Electronic Fund Transfers 519602E to 519650E, totaling $2,599,503.38.

2. Minutes. Regular Meeting Minutes for July 2, 2024 (All Members Present). 2 CHINO CITY COUNCIL
JULY 16, 2024 3

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. Amendment No. 1 to Animal Shelter and Animal Control Services Agreement No. 2022 -37 Between the City of Chino and Inland Valley Humane Society & S.P.C.A. Approve changes to the Animal Shelter and Animal Control Services Agreement with the Inland Valley Humane Society & S.P.C.A. (IVHS) to remove guaranteed revenue and modify revenue credits upon termination.

6. Award of Measure I Funding Program. Accept the Measure I Award -Omnitrans 2025 Specialized Transportation grant in the amount of $249,775 for FY 2025 ($122,016) and FY 2026 ($127,759).

7. Resolution amending the City's Classification and Compensation Schedule. Adopt Resolution No. 2024 -034 approving revisions to the City’s Classification and Compensation Schedule to comply with the City’s Personnel Rules, P.O.S.T, CalPERS, and existing approved positions.

8. Department of California Highway Patrol - Cannabis Tax Fund Grant Program (CTFGP). Adopt Resolution No. 2024 -036 to accept the CTFGP and acceptance of grant proceeds in the amount of $110,153.08; appropriate $110,153.08 from the unappropriated reserves of the General Fund; and increase the General Fund revenue budget by $110,153.08.

9. Final Acceptance of Public Improvements for Administrative Approval PL19 -0090, MKNZ, LLC (Medical Offices Project), located at 5143 D Street. 1) Accept public improvements as complete for Administrative Approval PL19 -0090; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

10. Final Acceptance of Public Improvements for Tract Map Nos. 18479, 19935 & 19953 for the Harvest at The Preserve development, generally located at the northwest corner of Pine and Hellman Avenues. Accept public improvements as complete for Tract Map Nos. 18479, 19935, and 19953; authorize release of the performance bond and initiate the warranty bond; and authorize the City Manager to execute the necessary documents on behalf of the City.

11. Waiver of permit fees, plan check fees, and inspection fees for the Placentia Court Sewer Line Project at 12594 Roswell Avenue. Approve Resolution No. 2024 -037 waiving the permit fees, plan check fees, and inspection fees for the Placentia Court Sewer Line Project located within the City's Sphere of Influence at 12594 Roswell Avenue.

12. Notice of Termination of Lot Line Adjustment / Covenant and Agreement for the properties located at 3535 and 3551 Philadelphia Street. Approve the Notice of Termination of Lot Line Adjustment located at 3535 and 3551 Philadelphia Street; and approve a Covenant and Agreement between the City of Chino and 3535 and 3551 Philadelphia Properties, LLC.

13. Acceptance of the CalRecycle City/County Payment Program (CCPP23) Grant Funds.

Authorize the acceptance of an award of funds from CalRecycle in the amount of $23,619; establish grant number G7242 for FY2023 -24; and appropriate $23,619 to the Sanitation Fund with a corresponding appropriation in revenues.
3 CHINO CITY COUNCIL
JULY 16, 2024 4

14. Measure I 5 -Year Improvement Plan and Expenditure Strategy for Fiscal Year 2024 -2025 through Fiscal Year 2028-2029. Adopt Resolution No. 2024-038, approving the Measure I Local Street Pass-Through Funds Five-Year Capital Improvement Plan and Expenditure Strategy for Fiscal Year 2024-2025 through Fiscal Year 2028-2029.

15. Notice of Completion - Sewer Reline Fiscal Year 2022 Project (SW220). Accept the Sewer Reline Fiscal Year 2022 Project (SW220), with Sancon Technologies, Inc., Huntington Beach, CA, as complete; authorize the Director of Public Works to File the Notice of Completion; and authorize the release of retention funds.

16. Approve Amendment No. 10 to Huitt -Zollars, Inc. for Design Professional Services for the Pine Avenue Connection to SR71 Project (ST061). Approve a tenth amendment to the Design Professional Services Agreement with Huitt -Zollars, Inc., Irvine, CA, Agreement 2015 -232, in the amount of $111,190 for a total agreement amount not to exceed $5,403,704.11.

17. Award of Contract - W.A. Rasic Construction Company, Inc., On -Call Water Distribution System Repairs and Wastewater System Repair Services. Approve a contract to W.A. Rasic Construction Company, Inc., in the amount of $380,000 for On -Call Water Distribution System Repairs and Wastewater System Repair Services.

PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.

18. Landscape and Streetlight Maintenance District Assessment For Fiscal Year 2024 -2025.

Conduct the Public Hearing and adopt Resolution No. 2024-035 directing the City Clerk to file a certified copy of the diagram and assessments with the County Auditor/Controller Recorder.

Staff Report By: Keith Martinez, Assistant Public Works Services Manager RECOMMENDATION: 1) Conduct the Public Hearing; 2) adopt Resolution No. 2024 -035; and 3) direct the City Clerk to file a certified copy of the diagram and assessments with the County Auditor/Controller Recorder.

NEW BUSINESS

19. Award of Contract - BrightLife Designs, LLC, Huntington Beach, CA, for the Rental of a City Hall Holiday Tree, Lighting, and Decorations. Award a contract to BrightLife Designs, LLC, Huntington Beach, CA, for $129,928.50 for the Rental of a City Hall Holiday Tree, Lighting, and Decorations.

Staff Report By: Keith Martinez, Assistant Public Works Services Manager RECOMMENDATION: 1) Appropriate $129,928.50 from the General Fund Reserves (Fund 100), with a corresponding increase to the Civic Center Program Fund (3607210) in the same amount; 2) Award a contract to BrightLife Designs, LLC, Huntington Beach, CA, for $129,928.50 for the Rental of a City Hall Holiday Tree, Lighting and Decorations; and 3) authorize the City Manager to execute the necessary documents on behalf of the City. 4 CHINO CITY COUNCIL
JULY 16, 2024 5

20. West End Animal Services Joint Powers Authority Agreement with the City of Ontario. Approve the Joint Exercise of Powers Agreement establishing the West End Animal Services Agency.

Staff Report By: Jackie Melendez, Assistant City Manager RECOMMENDATION: 1) Approve the Joint Exercise of Powers Agreement establishing the West End Animal Services Agency (JPA); 2) Appoint one Chino City Council Member and two alternates (first and second ), to serve as voting members of the JPA’s Board of Directors; 3) Agree to allow the City of Ontario to serve as the JPA’s Interim Administrator and to provide administrative services to the Agency, including appointing a Treasurer/Auditor -Controller and Secretary; and 4) Authorize the City Manager to execute the Agreement on behalf of the City and all other documents as appropriate to carry out the terms of the Agreement.

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

21. Community Support Fund - Council Member Burton. Approve community support fund contribution to Chino Girls Fastpitch, Chino Community Children’s Theater, and Chino Valley YMCA.

Staff Report By: Council Member Burton
RECOMMENDATION: Approve community support fund contribution of $500 Chino Girls Fastpitch, $1000 Chino Community Children’s Theater, and $1000 Chino Valley YMCA.

Council Member Flores

22. Community Support Fund - Council Member Flores. Approve community support fund contribution to the Love Them All Foundation and Adrian's World.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $500 to Love Them All Foundation and $500 to Adrian's World.

Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Director's Report
Fire Chief's Report
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JULY 16, 2024 6

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, September 3, 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 Thursday, July 11, 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: JULY 16, 2024

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

SUBJECT
..titl e
Retirement Recognition.
..end
..body

7 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

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

SUBJECT
..titl e
Retirement Recognition.
..end
..body

8 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

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

SUBJECT
..titl e
General Plan Update Outreach.
..end
..body

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

9 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

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

SUBJECT
..titl e
Chino Valley Fire District.
..end
..body

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

10 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

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

SUBJECT
..titl e
External Agency Report.
..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 July 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 July 2024 report covers meetings that occurred from May 1, 2024, to May 31, 2024.

11 CITY OF CHINO

MONTHLY AGENCY REPORTS
JULY 16, 2024 - Covering meetings from May 1 through May 31, 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: May 29, 2024
Event Coordinator
Rita Elias, Event Coordinator, resigned effective June 1, 2024. A certificate of appreciation was presented to Ms. Elias. Lianna Savage was appointed as interim event coordinator from June 2, 2024 , through June 30, 2025.

Event Assistant Position Vacancy
Dr. Henry Shannon suggested that a recommendation for an event assistant be presented for approval at the committee's June 20, 2024, regular meeting.

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

1. On Monday, May 20 , Council Member Flores attended the Panda Express Ribbon cutting in the Preserve.

2. On Monday, May 13 , the Chino Valley Chamber of Commerce and the City of Chino continued their collaboration on the Mayor’s State of the City address. The event is a fundraiser for the Chino Valley Chamber.

3. On Thursday, May 13 , the City of Chino, along with the Chino Valley Chamber of Commerce, Music Changing Lives, Chaffey College, and the Micro Enterprise Collaborative, received a two-million-dollar grant from Representative Norma Torres’ Office to aid in the founding of the Innovation and Entrepreneurship Center, which will be in the City of Chino.

4. On Wednesday, May 23, Chino staff attended the Taste of The Chino Valley event.

Next anticipated meeting date: June 17, 2024
12 MONTHLY AGENCY REPORTS – JULY 16, 2024 (Covering Meetings from 5/1/24 – 5/31/24) PAGE 2

CHINO BASIN DESALTER AUTHORITY
Council Representative: Eunice Ulloa | Staff Report By: D ave Crosley Meeting Date: May 2, 2024
Mayor Ulloa attended the Special CDA Board of Directors Meeting on May 2, 2024 (the “Special” designation of the meeting simply means that the month in which the meeting occurred was not January, April, July, or October, which are the months for “ Regular” or “Quarterly” meetings). The Board conducted routine business, which at this time of the fiscal year typically inclu des the approval of vendor contracts that will be needed for the upcoming fiscal year activities. The Board approved contracts for:
• On-call well and pump inspection and repair services ; contract with General Pump Company, Inc., San Dimas, CA.
• Supervisory Control and Data Acquisition (SCADA) system programming support services; contract with Cannon Corporation, Irvine, CA.
• Analytical laboratory services; contract with Babcock Laboratories, Riverside, CA. • Various contracts for the supply of chemicals utilized in the water treatment processes.

Additionally, the Board approved a contract for the replacement of lighting equipment at the Chino II Desalter, the proposed Fiscal Year 2024/25 Operations & Maintenance and Capital Budget ($41.8 M, of which Chino’s anticipated portion is $6.5 M), and an easement agreement with the City of Ontario necessary for accommodating land development-related activities and protecting CDA-owned facilities.

The Board also received a verbal report from CDA management staff regarding the following:
• The status of CDA operations, including an update on the emergency repair of damage to the Chino II Desalter building caused by a water line failure.
• A brief summarization of the CDA’s brine wastewater system capacity utilization circumstances in response to the Mayor’s inquiry.

Next anticipated meeting date: June 6, 2024

CHINO BASIN WATERMASTER
Council Representative: Eunice Ulloa | Staff Report By: Dave Crosley Meeting Date: May 23, 2024
The Watermaster Board of Directors received verbal status reports from staff and consultants regarding ongoing activities.

A consultant presented a report on a recently completed study to determine whether the current engineering services rates are competitive, and the cost/benefit associated with retaining the current engineering services firm as compared to transitioning to a different engineering services firm, which may offer lower rates. The study results concluded that retaining the current engineering services firm offers greater value.

The Board approved a recommendation unanimously supported by the stakeholders for an amendment to a critical groundwater recharge project, increasing its cost from approximately $25.3 M to $28.8 M. The project 13 MONTHLY AGENCY REPORTS – JULY 16, 2024 (Covering Meetings from 5/1/24 – 5/31/24) PAGE 3

cost increase is due to ongoing supply-chain issues with mechanical equipment and unknown field conditions discovered during construction.

The Board also approved the proposed Fiscal Year 2024/25 $10.5 M budget (approximately 7% increase from the previous year). Based on budget assumptions, the FY 24/25 groundwater production assessment applied to assessable production is expected to be approximately $96 per acre -foot. The FY 23/24 assessment was $97.47 per acre-foot.

Next anticipated meeting date: June 27, 2024
CHINO VALLEY INDEPENDENT FIRE DISTRICT Liaison to Board of Directors Council Representative: Karen Comstock | Staff Report By: Linda Reich Meeting Date: May 8, 2024

1. During the Liaison Reports to the Fire District, Chino Mayor Pro Tem Karen Comstock shared information about the upcoming Chino State of the City and Bike Day events.

2. Mayor Pro Tem Comstock provided an update on the o ngoing transfer of death row inmates to the California Institution for Men and discussed the press conference held on Tuesday, May 7, at Chino City Hall with representatives of the City of Chino Hills, Chino Valley Fire, and others calling on the California Department of Corrections and Rehabilitation to remove the death row inmates from the facility since it is not in the condition to house the state’s worst criminals. She urged the public to sign the petition on the City of Chino website to maintain public attention on the issue. Mayor Pro Tem Comstock thanked Fire Chief Dave Williams and the City of Chino Hills for their participation in the press conference. CVFD Director Tom Haughey thanked the City of Chino for leading the issue.

3. During the Fire Chief’s Comments, he reviewed the various trainings attended by CVFD personnel. Chief Williams reported on attending the Kiwanis Corn Feed Run in the City of Chino , noting that the fire district provided a Medi -Cart for the event . He reported that April was a busy month for cardiac incidents, with four incidents of cardiac arrest responded to with positive outcomes thanks to the work of firefighter medics. Chief Williams reported that CONFIRE is continuing to work to secure a new director. Beginning on June 23, the EMS nurse will return to the district.

Meeting Date: May 28, 2024
A Board of Directors Special Meeting was held with one closed session item related to labor negotiations with the various CVFD employee organizations: the Chino Valley Professional Firefighters Local 3522 Safety Unit; Teamsters Local 1932 Non -Safety Unit; and Unrepresented Management, Confidential, and Part- Time employees. No items were reported out of closed session.

Meeting Date: May 29, 2024
The Board of Directors held a Special Meeting/Workshop on the 2024-25 Original Budget workshop to provide input and direction to staff.

Next anticipated meeting date: June 12, 2024
14 MONTHLY AGENCY REPORTS – JULY 16, 2024 (Covering Meetings from 5/1/24 – 5/31/24) PAGE 4

CHINO VALLEY UNIFIED SCHOOL DISTRICT
Council Representative: Curtis Burton | Staff Report By: Vivian Castro Meeting Date: May 2, 2024

1. During the “Comments from the audience on Items Not on the Agenda ,” item, City of Chino Council Member Curtis Burton provided an update on City events and issues.

2. On a 5-0 vote, the Board approved Administrative Regulation 5030 related to Student Wellness. School districts are required to develop, assess, update, and disclose the Local School Wellness Policy (LSWP) every 3 years. The LSWP includes specific goals for nutrition promotion and education, physical activity, and other school-based activities to promote student wellness. It also includes standards and nutrition guidelines for all food and beverages.

3. Gabriella Segoviana from Don Lugo HS was approved as the 2024-25 Student Member on the Board of Education on a 5-0 vote.

4. The Board approved the following on a 5-0 vote:
a. A Tentative agreement for the reopener between CVUSD and the Associated Chino Teachers, effective July 1, 2023.
b. A Tentative agreement for the reopener between CVUSD and the California School Employees Association and its Chino Chapter 102, effective July 1, 2023. c. A 8.34% salary increase for Certificated and Classified Management and Classified Confidential Employees, effective July 1, 2023.
d. Addenda to various employment contracts for Associate Superintendents of Business Services; Curriculum, Instruction, Innovation, and Support; and Human Resources; and Assistant Superintendents of Curriculum, Instruction, Innovation, and Support; and Facilities, Planning, and Operations.

5. On a 3 -2 vote, with Bridge and Monroe voting No, a contract of employment with Superintendent Enfield was approved effective July 1, 2023, to June 30, 2027.

6. The Board of Education's 5% compensation increase was approved 4 -1, with Board Member Bridge voting against it.

7. Contracts for the Deputy Superintendent and the Assistant Superintendent, Curriculum, Instruction, Innovation, and Support were approved 3-2, with Bridge and Monroe voting No.

Meeting Date: May 16, 2024

1. On a 5 -0 vote, t he Board adopted Resolution No. Resolution 2023/2024-59, to Support the Safety of Chino, Ontario, and Chino Hills Residents Regarding the Condemned Inmate Transfer Program at the California Institute for Men. The resolution calls for the Californ ia Department of Corrections and Rehabilitation (CDCR) to prioritize the safety of the surrounding community when making decisions regarding the housing of dangerous inmates, and to consider the facility's ability to contain and supervise these indiv iduals adequately . It specifies that the resolution be transmitted to Governor 15 MONTHLY AGENCY REPORTS – JULY 16, 2024 (Covering Meetings from 5/1/24 – 5/31/24) PAGE 5

Newsom, CDCR officials, and other relevant stakeholders to convey the urgent concerns of the Chino Valley Unified School District and its commitment to ensuring the safety and well-being of its residents.

2. A member of the public also spoke in support of the resolution.

3. The Board also approved 5 -0 a c ompensation increases to the Classified Substitute Salary Schedule, effective July 1, 2024, to reflect the same range as listed for Step A of the Classified School Employees Association salary schedule to reflect the same range in the Tentative Agreement between CVUSD and the Classified School Employees Association, which included a 7.16% salary increase.

Next anticipated meeting date: June 6, 2024
CHINO VALLEY UNIFIED SCHOOL DISTRICT – Measure G Oversight Committee Council Representative: Karen Comstock | Staff Report By: Silvia Avalos Meeting Date: May 1, 2024
Construction Updates:

Chino High School Alterations
Work is underway to modernize the original Frank Elder Gymnasium, the existing boy’s locker room, as well as the swimming pool and pool house.

Legacy Academy
The construction of the District’s newest school is ongoing and scheduled to be completed in time for the 2024-2025 school year, which will begin on July 8, 2024.

Borba, Marshall, and Walnut Elementary Schools - Front Office Relocations Construction is continuing at all three Chino school sites. Completion is anticipated in July 2024, which is just in time for the 2024-2025 school year opening.

Next anticipated meeting date: September 4, 2024
CITIZEN’S COMMITTEE FOR CIM & CIW
Council Representative: Marc Lucio | Staff Report By: Aaron Kelliher No meeting during this reporting period.

Next anticipated meeting date: July 9, 2024 (meets every other month)

INLAND EMPIRE UTILITIES AGENCY REGIONAL SEWERAGE PROGRAM Council Representative: Eunice Ulloa | Staff Report by: Dave Crosley Meeting Date: May 2, 2024
Mayor Ulloa participated in the Policy Committee meeting on May 2, 2024. T he Committee approved the proposed Fiscal Year 2024/25 Extra Territorial Sewer Service Charges (i.e. charges for providing sewer service to areas located outside of IEUA’s sewer service area).

The Committee received information about two agenda items:
16 MONTHLY AGENCY REPORTS – JULY 16, 2024 (Covering Meetings from 5/1/24 – 5/31/24) PAGE 6

• FY 2024/25 Proposed Budget for Regional Wastewater Programs • Ten-Year Sewer Capital Forecast FY 24/25 - FY 33/34
These two items will be included on the June 6, 2024, Policy Committee meeting agenda for action by the Committee.

The Committee also received a verbal report from the IEUA General Manager Shivaji Deshmukh about the El Prado Road sludge pipeline failure incident and indicated that IEUA and City of Chino staff were collaborating on the development of a repair plan.

Next anticipated meeting date: June 6, 2024
LEAGUE OF CALIFORNIA CITIES – Inland 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: May 1, 2024
The Board adopted the OmniTrans Fiscal Year 2025 Annual Service Plan , which defines the year’s goals. No major service or fare policy changes were recommended. Service resumption after the pandemic remains the top agency priority. This year’s goal is to reach 100% resumption. Ridership continues to trend upward across all services, and the agency plans to continue its public outreach efforts both at in-person events and online.

The Board also adopted the Fiscal Year 2025 Annual Budget of $149.6M overall. Last year’s overall budget was $137.0M. This FY budget includes $111.9M in operational budget, which includes 7 additional positions, Cost of living adjustment, and increases to mobility services, rolling stock parts, and the ambassador program.

The Capital budget of $37.6M includes Zero Emissions infrastructure projects, an upgrade to the I Street Facility, and HVAC upgrades.

Next anticipated meeting date: June 5, 2024
17 MONTHLY AGENCY REPORTS – JULY 16, 2024 (Covering Meetings from 5/1/24 – 5/31/24) PAGE 7

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.

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 No meeting during this reporting period.

Next anticipated meeting date: October 17, 2024
SBCTA – San Bernardino Co. Transportation Authority Board of Directors Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: May 1, 2024
The board received an update on an amendment to the Joint Powers Authority Agreement (JPA), asked for approval to ter minate an obsolete ad hoc committee, and approved the establishment of a new ad hoc committee.

The obsolete ad hoc committee was tasked with exploring increasing San Bernardino Council of Governments (SBCOG) capacity and member agency dues to bolster the COG’s abilities. The new dues formula was included in the JPA amendment, now approved by the board, and uses 50% Population / 50% Gener al Fund Tax Revenues to establish a new methodology for the member dues formula. Each member agency was required to approve a resolution for the me mbership dues increase. Chino and all member agencies approved their resolutions earlier this year. The previous formula methodology used 50% population / 50% assessed valuation. As part of the new funding SBCTA receives, they will expand their staff over the next two years to deliver the expanded services.

The new ad hoc committee will recommend updates to SBCOG’s bylaws and policies. SBCTA will also work with the board of directors on an update to the SBCTA work plan. The committee will include two West Valley, two East Valley, one High Desert, one Morongo Basin, one Mountain, and one San Bernardino County Supervisor representative.

Next anticipated meeting date: June 5, 2024
SBCTA – City Selection Committee
Council Representative: Eunice Ulloa | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: No meeting scheduled.
18 MONTHLY AGENCY REPORTS – JULY 16, 2024 (Covering Meetings from 5/1/24 – 5/31/24) PAGE 8

SCAG – General Assembly
Council Representative: Marc Lucio | Staff Report by: Jackie Melendez Meeting Date: May 2-3, 2024
Outgoing SCAG Regional Council President Brown closed out his term by sharing the “ 2023-24 President’s Report,” a detailed report of SCAG’s accomplishments since May 2023, which were also highlighted in the 2023-24 Year in Review video.

SCAG also welcomed the new Regional Council officers for 2024 -25: Hon. Curt Hagman (County of San Bernardino), 2024-25 Regional Council president; Hon. Cindy Allen (City of Long Beach), 2024 -2025 Regional Council first vice president; and Hon. Ray Marquez (City of Chino Hills), 2024 -2025 Regional Council second vice president.

Video and additional details are available at www.scag.ca.gov.

Next anticipated meeting date: No meeting scheduled.

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 Meeting Date: May 16, 2024
Mayor Ulloa attended the WFA Board of Directors meeting on May 16, 2024. The Board conducted routine business via the Consent Calendar. After receiving a verbal presentation from the General Manager (GM) on the proposed Fiscal Year 2024/25 Budget, the Board appr oved the $40.1 M annual budget (0.9% increase as compared to the previous year), and a separate assessment to replenish the Supplemental Capital Replacement Asset Reserve.

The GM also reported to the Board that the WFA’s financial services consultant rates have increased (more than doubled over the span of 3 years) , and the GM sought advice from the Board regarding options (e.g.

Request for Proposal (RFP) for new consultant, hiring new WFA staff, seek utilization of member agency staff).

The Board directed the GM to make contact with each member agency to see if one of the members wo uld be willing to perform financial services for the WFA.

Next anticipated meeting date: July 18, 2024
19 MONTHLY AGENCY REPORTS – JULY 16, 2024 (Covering Meetings from 5/1/24 – 5/31/24) PAGE 9

West Valley Mosquito and Vector Control District
Council Representative: Chris Flores | Staff Report by: V ivian Castro Meeting Date: May 28, 2024
The Fiscal Year 2024-25 Proposed Budget was discussed, including a proposed 3% increase in staff pay rates.

No action was taken.

Assessments
The Board unanimously adopted Resolution 2024-05 to continue Fiscal Year 2024 -25 assessments.

Assessment No. 1 and Assessment No. 2 were approved.

Assessment No. 1 , which was first levied in 1996 -97, provides surveillance and control of vectors and mosquitoes covering Chino and Chino Hills, a small portion of Montclair, and the southern portions of Ontario.

This assessment pre -dates the 1996 approval of Proposition 218, so it is considered a “grandfathered assessment” and is not subject to Proposition 218. Assessment No. 1 has two zones: Zone A covers the area within the District bounded on the north by Mission Blvd., on the south near Phillips Blvd., on the East near Palmetto Ave., and on the west near the county line. The remainder of the District, generally south of Phillips Blvd., was designated as Zone B.

Assessment No. 1 represents a 3% increase over the FY 2023-24 rate for Zone A and no increase for the rate for Zone B. Both are below the maximum authorized assessment rate of $50.00 per SFR parcel:
• Zone A: $15.29 per unit for residential parcels and $25.49 for other parcel types • Zone B: $21.86 per unit for residential parcels and $36.44 for other parcel types In FY 2024-25, the proposed rates are expected to generate approximately $57,704 in Zone A and $1,661,907 in Zone B.

Assessment No. 2 provide s mosquito, vector, and disease control to Rancho Cucamonga , the northern portions of Montclair and Ontario , Upland, the unincorporated area north of Upland (San Antonio Heights), and the unincorporated area north of the City of Rancho Cucamonga and south of the Angeles National Forest.

Contract Hourly Rate Adjustment
The Board considered a motion to increase the Contract Hourly Rate, which is the rate charged by WVMVCD to other entities that do not pay an assessment. The rate had not been increased since 2018 , during which time the Consumer Price Index (CPI) increased by 24%. The motion to increase the existing rate of $85 per hour by 18% to $100 per hour was approved unanimously.

Field Report for May
The report notes the District experienced a 64% increase in service requests from the previous month. There was a 4% decrease in comparison to the same period of last year. May service requests concerning mosquitoes experienced an increase from the previous month. Miscellaneous vectors remained the same from the previous month with 15 total. The District received 19 Aedes service request calls.

Next anticipated meeting date: June 25, 2024
20 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 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 771473 to 771586, and Electronic Fund Transfers 519602E to 519650E, totaling $2,599,503.38. ..body

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
21 CITY COUNCIL MEETING DATE: JULY 16, 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. 771473 – 771586 6/27/24 23-24 $1,420,198.49

2. 519602E 6/25/24 23-24 $249,136.30

3. 519603E – 519650E 6/28/24 23-24 $930,168.59

TOTAL $2,599,503.38

E: Electronic Fund Transfers

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

RB:hm
Attachment

22 Council Meeting 7/16/24

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

Check
Number
Check Date Vendor Name Description Amount
519602 06/25/2024 CHINO BASIN WATERMASTER SHARE OF APPROPRIATE POOL'S

OBLIGATION
$249,136.30
771477 06/27/2024 ALESHIRE & WYNDER LLP CITY LEGAL SERVICES $121,211.33 771487 BIGGS CARDOSA ASSOCIATES, INC. DESIGN AND BID SUPPORT SERVICES $116,147.75 771525 J & S STRIPING CO INC STREET STRIPING & PAVEMENT SERVICES $59,944.77 771532 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $77,900.00
771541 MNR CONSTRUCTION, INC. YORBA/ EUCALYPTUS SEWER PROJECT $238,311.11 771562 SANCON TECHNOLOGIES INC SEWER RELINE SERVIVES $157,549.90 771581 WASTE MANAGEMENT COLLECTION SERVICES $211,042.60 771586 Z & K CONSULTANTS, INC. ON CALL CIP PROJECT SERVICES $58,622.00 519633 06/28/2024 INLAND EMPIRE UTILITIES AGENCY NON-RECLAIMABLE WASTEWATER $784,216.99

10 TOTAL $2,074,082.75

23 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

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

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

24 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JULY 2, 2024

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

CALL TO ORDER
The July 2, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:32 pm by Mayor Eunice M. Ulloa in the Council Chambers.

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

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

CLOSED SESSION
City Attorney Galante read closed session items into the meeting record.

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
The City Council recessed to Closed Session at 4:34 p.m. and concluded at 5:51 p.m. The City Council reconvened the meeting at 6:02 p.m.

FLAG SALUTE
Council Member Lucio led the assembly in reciting the Pledge of Allegiance. 25 CHINO CITY COUNCIL
JULY 2, 2024 2

CEREMONIALS
Proclamations
Park and Recreation Month. Proclaim July 2024 as Park and Recreation Month.

Mayor Ulloa introduced a video highlighting the City's exceptional parks and recreation programs, and read into the record the proclamation designating July 2024 as Park and Recreation month in Chino. CSPR Commission Chairperson Robert Martinez, Commission Members, and Department staff were present to accepted the proclamation.

Presentations
Retirement Recognition. Recognition of Deputy Police Chief Andy Bjelland in recognition of his 24 years of dedicated service to the City of Chino and its residents.

Mayor Ulloa presented a City Tile Plaque on behalf of the City Council to Deputy Police Chief Andy Bjelland in recognition of his 28 years of dedicated service to the City of Chino. Mayor Ulloa invited the community to attend Deputy Police Chief Bjelland's Walk of Honor on July 3, 2024.

Business of the Month. Award of Business of the Month for July 2024 to Flo's Cafe #2.

Mayor Ulloa presented the July 2024 Business of the Month Award to Flo's Cafe #2. Terry Wadley, Donna Hughes, Mrs. Hughes' grandson Luke, family members, and Flo's Cafe team members were present to accept the award.

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

Mayor Ulloa announced the July 2024 Mayor's Home Beautification Award winner as the Manalastas family of Vanderbilt Street, 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 Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9
Number of Potential Cases: One
The City Council received a brief update and no further reportable action was taken.

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
The City Council held a discussion, provided direction, and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported Consent Calendar Item No. 7 will be pulled and returned to staff.
26 CHINO CITY COUNCIL
JULY 2, 2024 3

PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following scheduled community events:

Chino Kiwanis Club Summer Concerts will not take place on Thursday, July 4, 2024, in observance of Independence Day, but will continue Thursday, July 11, 2024, at 7:00 p.m. on the City Hall lawn and will feature Soto, a Latin and R&B cover band.

Chino Summer Movie Nights will take place on the City Hall lawn on Friday, July 5, 2024 at dusk, and will feature the movie "Lyle, Lyle Crocodile." Next Friday, July 12, 2024, residents will enjoy the “The Super Mario Bros Movie.” For more information, please visit www. cityofchino.org/events.

Chino City Hall will be closed on Thursday, July 4, 2024, in observance of Independence Day.

City Hall will re-open the following day on Friday, July 5, 2024 at its regular operating hours of 7:30 a.m. to 5:30 p.m. City facilities will be closed with the following exceptions: Ayala Park Operations Center, open from 4:00 p.m. to 9:30pm and the Senior Center, open from 10:00 a.m. to 4:00 p.m. and will re-open on Friday, July 5, 2024.

Waste Management will not have trash collection services on Thursday, July 4, 2024.

Residents are asked to place their carts out on the day following their regular collection day.

Seniors at the Square, a six-week, outdoor summer concert series exclusively for seniors, ages 50 and above, will begin Monday, July 8, 2024 at Aguiar Square from 5:30 p.m. to 8:00 p.m.

For more information, call the Senior Center at (909) 334-3271.

PUBLIC COMMENTS
Ryan Croley, Lieutenant, Chino Police Department, provided the invocation.

Sharon Duran, Chino resident, inquired about the helicopter program and complimented the Monte Vista Park summer lunch program . Mayor Ulloa referred Ms. Duran to speak with Police Department staff regarding the air support program.

Michael Gales, Chino resident, spoke regarding illegal fireworks, and thanked the City for their leadership.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 771206 to 771472, and Electronic Fund Transfers 519488E to 519601E, totaling $7,288,503.22.

2. Minutes. Regular Meeting Minutes for June 18, 2024 (All Members Present).

4. Seventh Street Community Theatre Facilities Use Agreement. Approve the Seventh Street Theatre Facilities Use Agreement with the Chino Community Theatre/Chino Community Children’s Theatre.
27 CHINO CITY COUNCIL
JULY 2, 2024 4

5. Lewis Companies Development Agreement Annual Compliance Certification. Approve Issuance of a Certificate of Compliance to Certify the Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC are in compliance with the requirements of the Amended and Restated Development Agreement.

6. Professional Services Agreement - Hinderliter, de Llamas and Associates (HdL). Approve an agreement with HdL in an amount not to exceed $140,000 annually for Sales Tax Audit and Information Services with up to two, one -year extensions; and approve an additional appropriation of $80,000 from the General Fund.

Item No. 7 was pulled from the Consent Calendar.

8. Acceptance of Right of Way Dedication - Pine Avenue (Chino Preserve Development Corporation). Accept the offer of right-of-way dedication for public street and utility purposes on the south side of Pine Avenue.

9. Landscape and Streetlight Maintenance District Assessment for Fiscal Year 2024 -25. Adopt Resolution No. 2024 -031 directing the filing of an annual report; adopt Resolution No. 2024-032 approving the Engineer's Report; and adopt Resolution No. 2024 -033 declaring its intention to order improvements for Assessment Districts.

10. Notice of Completion - Project No. SD223 - Storm Drain Rehab FY2021 -22 Mountain Avenue at Chino Avenue. Accept the SD223 Storm Drain Rehabilitation FY 2021 -22 Mountain Avenue at Chino Avenue Project as complete; release the retention funds following the 35 -day lien period; and authorize the Director of Public Works to file the Notice of Completion.

11. Acceptance of the CalRecycle SB 1383 Local Assistance Grant Program Funds (Greenhouse Gas Reduction Fund). Authorize the acceptance of an award of funds in the amount of $249,249 from the State Department of Resources Recycling and Recovery (CalRecycle) SB 1383 Local Assistance Grant Program (Greenhouse Gas Reduction Fund).

12. Award of Contract - PMK Associates, Inc., and Transtech Engineers, Inc., for As -Needed Traffic Plan Check Services and Other Related Services. Award a Professional Services Agreement to PMK Associates, Inc., Laguna Woods, CA, in the amount of $60,000 and Transtech Engineers, Chino, CA, in the amount of $40,000 for as needed traffic plan check and other related services.

13. Award of Contract - General Pump Company, Inc. for On -Call Well or Pump Repair Services.

Award a contract to General Pump Company, Inc., San Dimas, CA, for $138,400 for annual on-call well or pump repair services; and authorize the City Manager to execute the necessary documents on behalf of the City.

Motion by Council Member Burton, seconded by Council Member Flores, to approve the Consent Calendar items 1 -6 and 8-13 as presented, with item 7 pulled from the agenda and returned to staff. The motion carried by the following vote:

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

ABSENT: NONE.

ITEMS PULLED FROM CONSENT CALENDAR

7. Resolution Amending the City's Classification Schedule. Approval of Resolution 2024 -034 to revise the City’s Classification and Compensation Schedule to conform with the City’s Personnel Rules, P.O.S.T. and related matters.
28 CHINO CITY COUNCIL
JULY 2, 2024 5
Item No. 7 was pulled from the Consent Calendar and returned to staff.

NEW BUSINESS

14. Award of Contract - Ayala Park Improvements Phase 1B - Softball Fields 1 -4 Project (PK231).

Award a construction contract in the amount of $3,766,402.50 to Act 1 Construction, Inc., Norco, CA for Project PK231 and authorize $564,960 for project construction contingencies, for a not-to-exceed potential contract amount of $4,331,362.50.

Staff Report By: Jeff Benson, Parks & Capital Projects Manager RECOMMENDATION: 1) Award a construction contract in the amount of $3,766,402.50 to Act 1 Construction, Inc., Norco, CA for the Ayala Park Improvements Phase 1B - Softball Fields 1-4 Project (PK231); 2) authorize expenditures of up to $564,960 for project construction contingencies, for a not -to-exceed potential contract amount of $4,331,362.50; 3) appropriate $2,006,400 to the Park Fund with backfill from the General Fund reserves for a revised project budget of $4,777,400; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

Jeff Benson, CSPR Parks and Capital Projects Manager provided a report on the item.

Mayor Pro Tem Comstock requested staff provide details on the Ayala Park softball field improvements, and Mr. Benson reported the main improvements include new backstops, dugouts with shade structures for players, new bleachers, and accessibility features.

Motion by Council Member Flores, seconded by Council Member Lucio, to 1) Award a construction contract in the amount of $3,766,402.50 to Act 1 Construction, Inc., Norco, CA for the Ayala Park Improvements Phase 1B - Softball Fields 1 -4 Project (PK231); 2) authorize expenditures of up to $564,960 for project construction contingencies, for a not-to-exceed potential contract amount of $4,331,362.50; 3) appropriate $2,006,400 to the Park Fund with backfill from the General Fund reserves for a revised project budget of $4,777,400; and 4) authorize the City Manager to execute the necessary documents on behalf of the City. The motion carried by the following vote:

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

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa

15. Community Services, Parks & Recreation Commission Appointment. Approve the appointment to the Community Services, Parks & Recreation Commission.

Staff Report By: Mayor Ulloa
RECOMMENDATION: Approve the re-appointment of Jamie Aviles to the Community Services, Parks & Recreation Commission.

Motion by Council Member Lucio, seconded by Council Member Flores, to Approve the re-appointment of Jamie Aviles to the Community Services, Parks & Recreation Commission. The motion carried by the following vote:
29 CHINO CITY COUNCIL
JULY 2, 2024 6
AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

Mayor Ulloa directed the City Clerk to administer the Oath of Office to the re -appointed Community Services, Parks & Recreation Commissioner Jamie Aviles. City Clerk Natalie Gonzaga administered the Oath of Office to Jamie Aviles.

Commissioner Jamie Aviles thanked the City Council for their support and the opportunity to serve the Chino community.

Mayor Ulloa reported on meetings and events attended since the last meeting that included a meeting with two Chino Valley Fire District members; Chino Employee Recognition luncheon; a meeting with two Chino Valley Unified School Board members; and City Manager meeting.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on meeting and events attended since the last meeting that included Chino Valley Fire District Board Meeting; Chino Employee Recognition Luncheon; Chino Fireworks Spectacular; thanked Congresswoman Norma Torres for the generous donation for the Prado Park improvements; congratulated Deputy Chief Bjelland on his retirement; congratulated the CSPR Department staff for being honored with the Park and Recreation Month proclamation; and encouraged residents to celebrate the 4th of July responsibly and not use illegal fireworks.

Council Member Burton
Council Member Burton reported on meetings and events attended since the last meeting that included the Employee Recognition luncheon; Chino Fireworks Spectacular; meeting with a resident; City Manager meeting; a meeting with two Chino Valley Unified School District members; gave the first pitch at Chino Girls Fastpitch game; closed session; and congratulated Deputy Chief Bjelland on his retirement.

Council Member Flores

16. Community Support Fund - Council Member Flores. Approve community support fund contribution to the Don Lugo Band Booster.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $500 to Don Lugo Band Booter.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Lucio, to Approve community support fund contribution of $500 to Don Lugo Band Booter. The motion carried by the following vote:

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

ABSENT: NONE.

Council Member Flores reported on meetings and events attended since the last meeting that included the five-year anniversary for All American Express car wash; water meeting 30 CHINO CITY COUNCIL
JULY 2, 2024 7
with staff; City Manager meeting; Investment Policy Committee meeting; provided a message to youth stating ages of some founding fathers; and congratulated Deputy Chief Bjelland on his retirement.

Council Member Lucio
Council Member Lucio reported on meetings and events attended since the last meeting that included the Chino Fireworks Spectacular; wished his wife a Happy Birthday; toured a low income housing complex in Yorba Linda; thanked Deputy Chief Bjelland for his many years of service to the community; thanked the Lewis Communities Development Company for completing the sidewalk project near Legacy Academy.

City Manager's Report
City Manager Reich had no report.

City Attorney's Report
City Attorney Galante reported on the City of Grants' Pass v. Johnson U.S. Supreme Court case, and acknowledged the City of Chino has been included in the footnote of the supporters of the petition.

Police Chief's Report
Chief Mensen reported the U.S. Supreme Court City of Grants Pass v. Johnson decision will provide the Chino Police Department another tool to work with the unhoused population, and provided 4th of July staffing updates and coverage to ensure a safe and happy 4th of July holiday.

Director's Report
Ben Orosco, Public Works Services Manager, provided an update on Ramona Avenue closure.

Fire Chief's Report
Chief Williams provided an update on 4th of July holiday; and public service updates regarding hot weather, fireworks, and pool safety.

Mayor Ulloa reminded residents to ensure pets have identification tags or micro chipped in case they get lost; announced the FFA barbecue and auction will take place on July 12, 2024 at 6:00 p.m. at the Chino Fairgrounds located at 5410 Edison Avenue.

ADJOURN
The meeting adjourned 7:22 p.m. The next Regular Meeting of the City Council will be held on Tuesday, July 16, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.
31 CHINO CITY COUNCIL
JULY 2, 2024 8
APPROVED AND ADOPTED THIS 16TH OF JULY 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: JULY 16, 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 2024-25 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: JULY 16, 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
None.

35 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 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 July 2, 2024; the Major Legislative Items Report; the Position Letters; 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: JULY 16, 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 legis lative 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 Repor t includes other legislative and government relations issues of note to the City (Attachment 3).

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

37 1

Tracked Legislation by Priority
As of July 2, 2024

Priority: (1) Sponsored

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
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.

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) Position: Support
Priority: (1) Sponsored
Subject: Planning, Land Use, Housing

Priority: (2) Priority

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: 07/01/2024 - In committee: Referred to suspense file.

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) Position: Support
Priority: (2) Priority
Subject: Planning, Land Use, Housing

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SB 905 (Wiener, D) Crimes: theft from a vehicle.

Current Text: 07/01/2024 - Amended HTML PDF
Last Amended: 07/01/2024
Status: 07/01/2024 - Assembly Rule 69(b)(1) suspended. Read third time and amended. Ordered to third reading.

Summary: Existing law considers burglary to include entering a locked vehicle with the intent to commit theft or a felony, punishable as either a misdemeanor or a felony. This bill proposes that forcibly entering a vehicle to commit theft or a felony would be punishable by up to one year in county jail or 16 months, 2 years, or 3 years for more severe cases. It also introduces a new crime for unlawfully possessing property obtained through vehicle theft or tampering, intended for sale or exchange, with a value exceeding $950. The value can be aggregated from other illegally obtained property within the past 2 years. This new crime would be punishable as either a misdemeanor or a felony. The bill notes that no reimbursement is required from the state to local agencies for costs because of specific provisions. (Based on 07/01/2024 text) Position: Oppose unless amended
Priority: (2) Priority
Subject: Public Safety

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

Current Text: 06/13/2024 - Amended HTML PDF
Last Amended: 06/13/2024
Status: 06/18/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (June 18). Re-referred to Com. on APPR.

Summary: Under the Planning and Zoning Law, cities and counties must adopt a general plan for land use development, including a housing element. The Department of Housing and Community Development (HCD) reviews these housing elements for compliance. If local governments violate these provisions, HCD can notify them and potentially the Attorney General, who may then take legal action. A proposed bill enhances enforcement by allowing the Attorney General to pursue actions to ensure compliance with housing element requirements and other state laws related to housing development approvals. If a local government’s actions are arbitrary, capricious, or otherwise improper, they could face civil penalties ranging from $10,000 to $50,000 per month per violation. Penalty funds would be directed to the Building Homes and Jobs Trust Fund for affordable housing development, subject to legislative appropriation. If a local government fails to pay these penalties, the court can direct the Controller to intercept state and local funds to settle the debt. The bill emphasizes that these changes address statewide concerns and apply to all cities, including charter cities. (Based on 06/13/2024 text) Position: Oppose
Priority: (2) Priority
Subject: Planning, Land Use, Housing

SB 1255 (Durazo, D
) Public water systems: needs analysis: water rate assistance program.

Current Text: 06/19/2024 - Amended HTML PDF
Last Amended: 06/19/2024
Status: 07/01/2024 - VOTE: Do pass and be re-referred to the Committee on [Appropriations] (PASS) Summary: The California Safe Drinking Water Act ensures the safe operation of public water systems and assigns the State Water Resources Control Board the duty to regulate drinking water for public health. A related fund, the Safe and Affordable Drinking Water Fund, is in place to help water systems provide safe drinking water and requires an annually adopted fund expenditure plan based on a needs assessment. This bill mandates the state board to update its needs analysis to assess necessary funds for providing a 20% bill credit to low-income households in smaller community water systems by specific deadlines. Additionally, the bill proposes a Low-Income Water Rate Assistance Program requiring water suppliers with over 3300 residential connections to offer rate assistance to eligible low-income households by July 1, 2027.

This assistance will be automatically enrolled based on available information or self-certification under penalty of perjury. To fund this program, starting January 1, 2025, water suppliers must allow ratepayers to make voluntary contributions through their water bills, ensuring the amount collected is sufficient for rate assistance and covering administrative costs. The contributions will be clearly stated, and ratepayers can opt out if they choose. The bill also permits the use of state or federal funds to support the assistance program and allows the Attorney General to take legal action against non- compliance. (Based on 06/19/2024 text)
Position: Oppose unless amended
Priority: (2) Priority
Subject: Trash, Recycling, Water, Resources

39 3

Priority: (3) Significant

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)
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- 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 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) 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) Position: Support
Priority: (3) Significant
Subject: Public Safety

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

Current Text: 06/20/2024 - Amended HTML PDF
Last Amended: 06/20/2024
Status: 06/20/2024 - Read second time and amended. Re-referred to Com. on L. GOV.

Summary: The Affordable Housing and High Road Jobs Act of 2022 authorizes streamlined approval processes for affordable and mixed-income housing developments that meet specific criteria. Key changes introduced by a new bill include prohibiting the demolition of historic structures for projects under the Act. Modifying the conditions under which housing developments can utilize the streamlined process, including specific criteria for sites previously designated for industrial use and proximity to freeways or oil and gas facilities, provided adequate air filtration is installed. Allowing mixed- income developments to be located on large office buildings and specifying conditions for converting commercial buildings to residential use, including exempting certain density limits and extending site size limits for developments on regional malls. Clarifying affordability requirements and that these apply only to base units, excluding those added by a density bonus. Revising definitions, including "use by right," to exclude developments from specific discretionary local review processes and reclassifying certain urban uses. Requiring local governments to promptly evaluate and approve compliant development proposals and mandating detailed responses within specified timeframes and allowing local governments to exempt certain parcels from the Act if they designate equivalent parcels elsewhere, ensuring no net loss of residential capacity. Applying existing Act provisions to projects submitted by December 31, 2024, unless developers opt for the new provisions starting January 1, 2025. (Based on 06/20/2024 text) Position: Oppose
Priority: (3) Significant
Subject: Planning, Land Use, Housing

SB 50 (Bradford, D
) Vehicles: enforcement.

Current Text: 09/07/2023 - Amended HTML PDF
Last Amended: 09/07/2023
40 4

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

Current Text: 06/05/2024 - Amended HTML PDF
Last Amended: 06/05/2024
Status: 07/01/2024 - Ordered to special consent calendar.

Summary: The California Public Records Act is a law that requires government agencies to make their records available to the public for inspection, with some exceptions. When someone requests a copy of these public records, the agency must determine within 10 days whether the records can be disclosed and inform the person of their decision. In certain situations, this time limit can be extended by 14 days, defined as “unusual circumstances”, which now includes the need to search and examine records during a state of emergency. This bill also requires that local agencies comply with laws that allow for public access to government meetings and writings. The law states that decisions that limit this access must be made after considering the importance of protecting certain interests. (Based on 06/05/2024 text) Position: Support
Priority: (3) Significant
Subject: Legal and Records Management

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: 06/24/2024 - June 24 set for first hearing canceled at the request of author.

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

Priority: (4) Standard

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)
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 41 5

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 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) 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: 06/29/2024 - Amended HTML PDF
Last Amended: 06/29/2024
Status: 07/01/2024 - Read second time. Ordered to third reading.

Summary: Existing law defines types of theft such as petty theft, grand theft, and shoplifting, as well as the crimes of robbery and burglary. It includes specific jurisdiction rules for prosecuting theft by fraud, organized retail theft, and receiving stolen property. Currently, prosecutions are limited to actions brought by the Attorney General, and jurisdiction can be in the county where the theft occurred, where the stolen merchandise was recovered, or where any action related to the theft took place. This bill proposes to remove this limitation, permitting prosecutions by entities other than the Attorney General. In cases where the same defendant commits multiple offenses in different jurisdictions, the bill allows prosecution in any of those locations, subject to a consolidation hearing. During this hearing, the prosecution must present written evidence that all involved district attorneys agree on the venue. If any district attorney does not agree, offenses must be returned to their original jurisdiction. (Based on 06/29/2024 text)
Position: Oppose unless amended
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: 06/17/2024 - In committee: Set, first hearing. Hearing canceled at the request of author.

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: 06/29/2024 - Amended HTML PDF
Last Amended: 06/29/2024
Status: 07/01/2024 - Read second time. Ordered to third reading. 42 6

Summary: Current law, effective until January 1, 2026, criminalizes organized retail theft, which can be charged as either a misdemeanor or a felony. This crime involves working with others to steal or facilitate the stealing of merchandise from physical or online stores with the intent to sell or return it for value. It also includes roles such as coordinating or managing theft activities. The proposed bill intends to extend the criminalization of organized retail theft indefinitely. It also extends indefinitely the mandate for the California Highway Patrol and Department of Justice to operate a regional property crimes task force to address and support local law enforcement in areas with high property crime rates. According to the California Constitution, the state must reimburse local agencies and schools for certain state-imposed costs. However, this bill specifies that no reimbursement is required for the costs included in this act. (Based on 06/29/2024 text) Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

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

Current Text: 06/05/2024 - Amended HTML PDF
Last Amended: 06/05/2024
Status: 06/11/2024 - From committee: Do pass and re-refer to Com. on HOUSING. (Ayes 7. Noes 0.) (June 11). Re- referred to Com. on HOUSING.

Summary: This text refers to a law that requires cities and counties to consider certain information when reviewing applications for housing development projects. The proposed bill would allow developers to request an estimate of fees and exactions associated with the project, but this estimate would not affect the actual amount or timing of payment. The bill also requires local governments to provide the developer with an itemized list and good faith estimate of all fees and exactions within 30 days of determining the application is complete. However, this information is for informational purposes only and does not create any obligations for the developer. These requirements also apply to online information about fees and exactions, and do not impose obligations on anyone other than the local government. It is important to note that the proposed changes in this bill are considered statewide concerns and will apply to all cities, including charter cities.

However, implementing these changes may result in a state-mandated program, which means the state will cover certain costs for local governments. (Based on 06/05/2024 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) 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: 07/01/2024 - Amended HTML PDF
Last Amended: 07/01/2024
Status: 07/01/2024 - In committee: Hearing postponed by committee. From committee chair, with author's amendments:

Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

Summary: The Planning and Zoning Law mandates cities and counties to adopt a general plan for land use, including a housing element that complies with the Housing Element Law. This law outlines requirements for the preparation and compliance of the housing element, which the Department of Housing and Community Development must review. If a city or county’s draft housing element does not comply, they must either revise it or provide reasons for its compliance despite the department's findings. Once an element is adopted, it must be reviewed by the department within 60 days. The new bill requires cities or counties to submit their findings regarding compliance to the department, which then must review these 43 7

findings. The bill also establishes a presumption of validity for the department’s findings, meaning the compliance with Housing Element Law stands unless overturned by a court. The Housing Accountability Act prevents local agencies from rejecting or undermining housing projects for low- to moderate-income households unless specific conditions are met. This includes having an adopted housing element in substantial compliance with the Housing Element Law and meeting regional housing needs. The bill reinforces that a housing element or amendment must be compliant at the time a preliminary or complete application is submitted, aligning with existing law. (Based on 07/01/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

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

Current Text: 06/26/2024 - Amended HTML PDF
Last Amended: 06/26/2024
Status: 06/26/2024 - 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.

Summary: The Planning and Zoning Law mandates cities and counties to adopt a general plan for land use that includes a housing element, following the Housing Element Law, which ensures compliance reviewed by the Department of Housing and Community Development. The Housing Accountability Act restricts local agencies from disapproving housing projects for low to moderate-income households, unless certain conditions are met, such as inconsistency with zoning ordinances or general plan land use. This bill updates the conditions, allowing disapproval if the housing element does not comply with the Housing Element Law and the project is not a "builder’s remedy" project. The bill also broadens the definition of "housing development project" to cover more mixed-use developments and farmworker housing, and revises "disapprove" to include any unreasonable local agency actions that lead to project rejection. It redefines "housing for very low, low, or moderate- income households" and adds categories for lower-income, mixed-income, and moderate-income households. Existing law allows streamlined approval for housing projects meeting objective standards. The Affordable Housing and High Road Jobs Act of 2022, effective until 2033, streamlines approval for mixed-income housing that meets specific criteria. This bill sets requirements for "builder’s remedy" projects, deeming them compliant with certain density and zoning standards for streamlined approval, which imposes additional duties on local agencies. (Based on 06/26/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

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

Current Text: 06/30/2024 - Amended HTML PDF
Last Amended: 06/30/2024
Status: 07/01/2024 - Read second time. Ordered to third reading.

Summary: As of January 1, 2018, a state law required courts to impose additional imprisonment for those who damage or destroy property while committing or attempting to commit a felony. This bill proposes to create similar sentencing enhancements until January 1, 2030. These enhancements would increase penalties for property damage during felonies, imposing a state-mandated local program. While the California Constitution mandates that the state reimburse local agencies and school districts for specific state-mandated costs, this bill specifies that no reimbursement is required for the costs resulting from this act. (Based on 06/30/2024 text) Priority: (4) Standard
Subject: Public Safety

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

Current Text: 06/26/2024 - Amended HTML PDF
Last Amended: 06/26/2024
Status: 06/27/2024 - Read second time. Ordered to third reading.

Summary: Under current law, the Governor can appoint railroad company-designated individuals as police officers. Until January 1, 2026, the California Highway Patrol, in coordination with the Department of Justice, must form a task force to identify areas with rising property crimes and support local law enforcement with resources. This new bill mandates that the task force also aid railroad police and explicitly includes cargo theft as a property crime to be addressed. The bill is designed to become effective immediately due to its urgency. (Based on 06/26/2024 text) Priority: (4) Standard
Subject: Public Safety

44 8

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

Current Text: 04/16/2024 - Amended HTML PDF
Last Amended: 04/16/2024
Status: 06/25/2024 - In committee: Hearing postponed by committee.

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

Current Text: 06/17/2024 - Amended HTML PDF
Last Amended: 06/17/2024
Status: 06/17/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.

Summary: The Planning and Zoning Law mandates each county and city to adopt a comprehensive long-term plan for physical development, including a required housing element. For the 4th and subsequent revisions of the housing element, the Department of Housing and Community Development (DHCD), in consultation with councils of governments, must determine existing and projected housing needs based on population forecasts from the Department of Finance and regional transportation plans. The DHCD is required to consult with councils of governments regarding assumptions and methodologies and can accept or reject their data. This bill requires the DHCD to publish on its website the data sources, analyses, and methodologies used in determining housing needs prior to finalization. For the 7th and future revisions, the bill mandates the formation of an advisory panel, including a data expert, to consult on assumptions and methodologies before final determinations are made, and it requires the DHCD to publish these determinations online. (Based on 06/17/2024 text)
Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 2557 (Ortega, D
) Local agencies: contracts for special services and temporary help: performance reports.

Current Text: 06/17/2024 - Amended HTML PDF
Last Amended: 06/17/2024
Status: 06/17/2024 - Read second time and amended. Re-referred to Com. on L., P.E. & R.

Summary: The bill introduces several new requirements for county and city governments regarding contracts for special services. Starting July 1, 2025, county boards of supervisors must post specific contracts and related documents on their websites. Beginning July 1, 2026, these contracts must detail their objectives, goals, and desired outcomes. Additionally, before starting the procurement process for such services, the board must notify the employee representatives of affected workforces. Similar requirements are imposed on contracts for temporary help and special services in cities and public districts. The bill states these changes are matters of statewide concern and mandates local governments to comply, possibly creating new state-mandated programs. If determined to incur state-mandated costs, the state will reimburse local agencies according to established procedures. (Based on 06/17/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Municipal Funding and Procurement

45 9

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

Current Text: 04/22/2024 - Amended HTML PDF
Last Amended: 04/22/2024
Status: 07/01/2024 - From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 26).

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

Current Text: 06/05/2024 - Amended HTML PDF
Last Amended: 06/05/2024
Status: 06/26/2024 - From committee: Do pass and re-refer to Com. on HOUSING. (Ayes 7. Noes 0.) (June 26). Re- referred to Com. on HOUSING.

Summary: This law states that a local agency cannot require payment for fees or charges related to the construction of public improvements or facilities until the final inspection or issuance of a certificate of occupancy, unless they are collecting utility service fees. The agency can collect utility service fees when an application for utility service is received, but they can only collect fees for capacity charges. This law also allows the agency to require earlier payment if certain conditions are met, such as if construction for the public improvement or facility will begin within 24 months of issuing a permit. (Based on 06/05/2024 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

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

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) 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 2943 (Zbur, D
) Crimes: shoplifting.

Current Text: 06/29/2024 - Amended HTML PDF
Last Amended: 06/29/2024
Status: 07/01/2024 - Read second time. Ordered to third reading.

Summary: The law outlines the definitions and penalties for shoplifting, which is defined as entering a commercial establishment with the intent to commit theft while open, provided the value does not exceed $950. Such offenses are typically charged as misdemeanors unless the defendant has relevant prior convictions. Peace officers can make a warrantless arrest for misdemeanors committed in their presence and specified misdemeanors not in their presence, such as domestic violence. Merchants are also empowered to detain suspected shoplifters reasonably. This proposed bill 46 10

introduces the following changes. It allows peace officers to make warrantless arrests for shoplifting misdemeanors not committed in their presence if there is probable cause. It extends the duration until January 1, 2031, for which organized retail theft is an exception from the requirement for peace officers to release misdemeanor arrestees on a signed promise to appear. It extends the authorization for diversion or deferred entry of judgment programs for theft offenses until January 1, 2031. It permits courts to enforce probation terms for up to two years for shoplifting or petty theft and requires courts to consider referrals to appropriate rehabilitation programs for longer probation terms. For defendants under 25, courts must refer them to specific restorative programs, if available. (Based on 06/29/2024 text) Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

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

Current Text: 06/29/2024 - Amended HTML PDF
Last Amended: 06/29/2024
Status: 07/01/2024 - Read second time. Ordered to third reading.

Summary: Existing law prohibits merchandise theft from retail establishments and allows courts to issue protective orders for certain crimes, such as stalking and elder abuse. This bill proposes that courts can issue protective orders when sentencing individuals for theft from, vandalism of, or battery of a retail establishment’s employee. These orders would bar the individual from entering the establishment, its parking lots, or any related franchise locations. The bill also allows prosecuting attorneys, city attorneys, county counsels, or retail establishment representatives to petition for such orders against individuals arrested multiple times for these offenses at the same retail location. Violating these orders is punishable as a misdemeanor. The bill exempts violations of these orders from requiring written notices to appear typically issued for misdemeanors. Additionally, it states that no reimbursement to local agencies and school districts is necessary under this act according to the California Constitution. (Based on 06/29/2024 text) Position: Oppose unless amended
Priority: (4) Standard
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)
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 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)
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

47 11

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

Current Text: 07/01/2024 - Amended HTML PDF
Last Amended: 07/01/2024
Status: 07/01/2024 - Assembly Rule 69(b)(1) suspended. Read third time and amended. Ordered to third reading.

Summary: The current law, effective until January 1, 2026, classifies organized retail theft as a crime that can be punished as either a misdemeanor or felony. This applies to anyone who collaborates with others to steal items from stores or online marketplaces with intentions to sell or return the items for value. It also includes those who knowingly buy or possess stolen goods, act as agents in a theft plan, or manage and coordinate others in such thefts. The proposed bill seeks to make this law permanent. By doing so, it creates a state-mandated local program, but will not require state reimbursement to local agencies or school districts, as per statutory procedures. (Based on 07/01/2024 text) Priority: (4) Standard
Subject: Public Safety

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

Current Text: 06/27/2024 - Amended HTML PDF
Last Amended: 06/27/2024
Status: 06/27/2024 - Read second time and amended. Re-referred to Com. on APPR.

Summary: The Starter Home Revitalization Act of 2021 mandates that local agencies approve housing development projects meeting specific criteria without discretionary review or hearings. This includes developments with 10 or fewer residential units, zoned for multifamily use, and sized between 600 square feet and 5 acres. Local agencies cannot impose zoning, subdivision, or design standards that prevent specified densities. The proposed bill amends these regulations, excluding accessory dwelling units from the residential unit count. It allows zoning for multifamily or vacant single-family residential development and adjusts the lot size limit to 1.5 acres, ensuring newly created parcels are at least 1200 square feet if zoned for single-family use. Additionally, it allows height limits on vacant single-family zoned lots and stipulates no existing dwelling units can be alienated separately. The bill expands ownership conditions to include tenancy in common and community trust land. It requires the development density to be at least 66% of the local zoning or applicable residential density. It eliminates certain size and frontage requirements for new parcels. These provisions become operative on July 1, 2025, and address statewide concerns, applying to all cities. If state-mandated costs arise, reimbursement procedures will be followed. (Based on 06/27/2024 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

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

Current Text: 07/01/2024 - Amended HTML PDF
Last Amended: 07/01/2024
Status: 07/01/2024 - Assembly Rule 69(b)(1) suspended. Read third time and amended. Ordered to third reading. 48 12

Summary: Existing law mandates online marketplaces to require high-volume third-party sellers to disclose specific information and suspend sellers who do not comply. It also imposes information retention and security requirements, and prohibits certain uses of that information. A "high-volume third-party seller" is defined based on the number of consumer product sales transactions processed by the online marketplace. An “online marketplace” is defined as a platform that facilitates consumer transactions and has a contractual relationship with consumers. The bill amends these definitions, removing the need for the transactions to be processed by the online marketplace and altering the requirements for the features and contractual relationships of online marketplaces. It requires online marketplaces to prohibit and provide mechanisms to report the sale of stolen goods and mandates them to alert law enforcement about known or suspected sales of stolen goods in California. Violations of these provisions can result in civil penalties, and while current law restricts legal action to the Attorney General, the bill expands this to include district attorneys, city attorneys, and county counsel.

These changes will become effective on July 1, 2025. (Based on 07/01/2024 text) Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

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

Current Text: 04/23/2024 - Amended HTML PDF
Last Amended: 04/23/2024
Status: 06/26/2024 - Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 26). Re-referred to Com. on APPR.

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. (Based on 04/23/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 1242 (Min, D
) Crimes: fires.

Current Text: 07/01/2024 - Amended HTML PDF
Last Amended: 07/01/2024
Status: 07/01/2024 - Assembly Rule 69(b)(1) suspended. Read third time and amended. Ordered to third reading.

Summary: Existing law prohibits recklessly causing fires that damage structures, forest land, or property, with violations punishable as either misdemeanors or felonies. This bill adds that if the fire was set within a merchant’s premises to facilitate organized retail theft, it would be considered an aggravating factor, leading to harsher sentencing. By increasing penalties, the bill creates a state-mandated local program. The California Constitution mandates state reimbursement to local agencies and school districts for certain state-imposed costs, but this bill specifies that no reimbursement is required for its provisions. (Based on 07/01/2024 text)
Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

SB 1381 (Wahab, D
) Crime.

Current Text: 07/01/2024 - Amended HTML PDF
Last Amended: 07/01/2024
Status: 07/01/2024 - Assembly Rule 69(b)(1) suspended. Read third time and amended. Ordered to third reading. Re- referred to Com. on PUB. S. pursuant to Assembly Rule 77.2. Joint Rule 62(a) suspended.

Summary: Existing law classifies controlled substances into five schedules, with Schedule I being the most restricted.

Fentanyl is a Schedule II drug. Current law punishes the transport and sale of certain narcotics with 3-5 years of jail time. 49 13

This bill proposes making it a felony, punishable by 4-6 years in jail, to sell or distribute any mixture containing fentanyl or its analogs without informing the purchaser. Additionally, it mandates that courts warn offenders of the potential homicide charge if someone dies from their actions, without this advisory being evidence in juvenile court. Proposition 47, passed in 2014, classifies theft of property valued under $950 as petty theft, a misdemeanor. Theft over $950 is grand theft, punishable as a misdemeanor or felony, with the option to aggregate values to meet the grand theft threshold if motivated by a single plan. This bill authorizes aggregation of thefts occurring within three years to meet grand theft criteria and allows a current petty theft or shoplifting offense to be charged as a felony if the offender has two or more related convictions within the past three years. A new conviction under similar conditions within the period would also be a felony. The Safe Neighborhoods and Schools Act established a fund allocated to various programs, including 25% to the State Department of Education for grants to public agencies and 65% to the Board of State and Community Corrections for mental health, substance abuse treatment, and criminal diversion programs. This bill reallocates the fund to provide 15% to the Department of Education and 75% to the Board of State and Community Corrections. (Based on 07/01/2024 text) Priority: (4) Standard
Subject: Public Safety

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

Current Text: 07/01/2024 - Amended HTML PDF
Last Amended: 07/01/2024
Status: 07/01/2024 - Assembly Rule 69(b)(1) suspended. Read third time and amended. Ordered to third reading.

Summary: Existing law outlines theft types like petty theft, grand theft, and shoplifting, and defines burglary as entering specified buildings, places, or vehicles to commit theft or a felony. This bill, effective until January 1, 2030, proposes sentencing enhancements for activities involving the sale, exchange, or return of property obtained through shoplifting, theft, or burglary from retail businesses if the property's value surpasses certain limits. These enhancements also apply to those acting together to commit these crimes. The bill would create a state-mandated local program requiring state reimbursement for certain local costs, but specifies that no reimbursement is needed for this act. (Based on 07/01/2024 text)
Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

Priority: (5) Track/Watch

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

Current Text: 05/29/2024 - Amended HTML PDF
Last Amended: 05/29/2024
Status: 06/05/2024 - In committee: Set, second hearing. Failed passage. Reconsideration granted.

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)
Priority: (5) Track/Watch
Subject: Governance

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

Current Text: 02/16/2023 - Introduced HTML PDF
Status: 06/13/2024 - In committee: Hearing postponed by committee.

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 50 14

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: 07/01/2024 - From Consent Calendar. Ordered to third reading.

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

Current Text: 06/12/2024 - Amended HTML PDF
Last Amended: 06/12/2024
Status: 06/12/2024 - Read second time and amended. Re-referred to Com. on JUD.

Summary: Existing law regulates state and local law enforcement in areas such as the selection and training of peace officers, record maintenance and release, use of force, and use of certain equipment. Previous law, valid until January 1, 2023, banned the use of real-time facial recognition technology (FRT) with body-worn cameras by law enforcement. A new bill prohibits law enforcement from using an FRT-generated match as the sole basis for establishing probable cause for an arrest or search. It also bars judges from issuing warrants solely based on an FRT match. The bill allows courts to award damages up to $25,000 and reasonable attorney's fees to individuals affected by violations of these provisions. (Based on 06/12/2024 text)
Priority: (5) Track/Watch
Subject: Public Safety

AB 1954 (Alanis, R) Sexually violent predators.

Current Text: 05/30/2024 - Amended HTML PDF
Last Amended: 05/30/2024
Status: 06/27/2024 - From Consent Calendar. Ordered to third reading.

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 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) 51 15

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: 06/12/2024 - Amended HTML PDF
Last Amended: 06/12/2024
Status: 06/12/2024 - Read second time and amended. Re-referred to Com. on HOUSING.

Summary: Existing law under the Planning and Zoning law mandates that any challenge to a public agency’s decision on permits, such as variances or conditional use permits, must be initiated and served within 90 days after the decision. This bill proposes that the period during which an action or proceeding on permit approvals is pending should be excluded from the time limit for the permit's expiration. By doing so, the bill effectively extends the expiration date of local development permits and project approvals. This extension would create a state-mandated local program. The bill notes that no reimbursement to local agencies or school districts is required under this act for a specified reason, despite the California Constitution generally requiring the state to cover certain mandated costs. (Based on 06/12/2024 text) Priority: (5) Track/Watch
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: 06/27/2024 - Read second time. Ordered to third reading.

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

Current Text: 06/18/2024 - Amended HTML PDF
Last Amended: 06/18/2024
Status: 06/26/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 26). Re-referred to Com. on APPR.

Summary: The Bradley-Burns Uniform Local Sales and Use Tax Law permits counties and cities to impose local sales and use taxes. From January 1, 2016, it prohibits local agencies from entering into agreements that divert Bradley-Burns local tax revenues to any individual or entity if such agreements would reduce the tax revenue another local agency would have received, given the retailer still has a physical presence in the jurisdiction of the other agency, with certain exceptions. This bill mandates that local agencies annually report details of any agreements involving the transfer or rebate of Bradley-Burns tax revenues to the California Department of Tax and Fee Administration and publish this information on their websites.

Failure to comply will result in monetary penalties. This bill expands the responsibilities of local agencies and is a state- mandated local program, requiring state reimbursement for associated costs as determined by the Commission on State Mandates. (Based on 06/18/2024 text)
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement

AB 2911 (McKinnor, D
) Campaign contributions: agency officers.
52 16

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.

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

Current Text: 06/10/2024 - Amended HTML PDF
Last Amended: 06/10/2024
Status: 06/12/2024 - Re-referred to Com. on PUB S.

Summary: Existing law requires law enforcement agencies to maintain a use of force policy and mandates the Commission on Peace Officer Standards and Training (POST) to implement corresponding training courses. This bill would mandate POST to adopt uniform minimum guidelines for the use of canines by law enforcement by January 1, 2026, and to certify training courses for canine handlers and supervisors by July 1, 2026. By July 1, 2027, law enforcement agencies with canine units must establish policies and training regimens that comply with POST's guidelines. Additionally, the bill requires these agencies to publish annual reports on the use of canines on their websites. Since these requirements add duties to local law enforcement, they constitute a state-mandated local program. Provisions for reimbursement of the associated costs are included, contingent on the enactment of AB 2042 of the 2023-24 Regular Session. (Based on 06/10/2024 text) Priority: (5) Track/Watch
Subject: Public Safety

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

Current Text: 06/27/2024 - Amended HTML PDF
Last Amended: 06/27/2024
Status: 06/27/2024 - Read second time and amended. Re-referred to Com. on APPR.

Summary: The Planning and Zoning Law mandates that each county and city adopt a comprehensive general plan for development, including housing elements. The Permit Streamlining Act requires timely approval or disapproval of development projects by public agencies. Existing law extended housing entitlement deadlines by 18 months for those issued before March 4, 2020, expiring before December 31, 2021. The current bill proposes extending these deadlines by 24 months for entitlements issued before January 1, 2024, expiring before December 31, 2025, and pauses this extension if the entitlement faces a legal challenge. This creates additional duties for local officials, imposing a state-mandated local program. The Mitigation Fee Act regulates fees for various development-related services, mandating compliance with conditions when imposing charges. Fees for public improvements in residential developments cannot be collected until final inspection or occupancy certification, except for utility connections. This bill caps utility connection fees at the utility provider’s cost and prohibits early fee collection for residential developments unless specific conditions are met.

Furthermore, the bill allows the local agency to impose earlier payments if conditions are satisfied. If fees aren't paid before issuing a building permit, the local agency can require a contract for payment. The bill also authorizes local agencies to permit officers to approve contracts and mandates posting model contracts online. (Based on 06/27/2024 text) 53 17

Priority: (5) Track/Watch
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: 06/12/2024 - Amended HTML PDF
Last Amended: 06/12/2024
Status: 06/26/2024 - June 26 hearing postponed by committee.

Summary: The law mandates the Department of Resources Recycling and Recovery, in collaboration with the State Air Resources Board, to adopt regulations to meet specific organic waste reduction targets in landfills and to assess the progress made by the waste sector and various government levels. If progress is insufficient, the department is authorized to provide incentives to meet these targets. The California Environmental Quality Act (CEQA) necessitates lead agencies to prepare and certify environmental impact reports for projects with significant environmental effects or to declare no significant impact. This bill requires the Department of Resources Recycling and Recovery to prepare and certify a program environmental impact report by January 1, 2027. This report will streamline the development and siting process for small and medium compostable material handling facilities that process organic material. (Based on 06/12/2024 text) Priority: (5) Track/Watch

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

Current Text: 03/18/2024 - Amended HTML PDF
Last Amended: 03/18/2024
Status: 06/13/2024 - Withdrawn from engrossing and enrolling. Ordered to the Assembly. In Assembly. Held at Desk.

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

Current Text: 05/20/2024 - Amended HTML PDF
Last Amended: 05/20/2024
Status: 05/24/2024 - Failed Deadline pursuant to Rule 61(b)(11). (Last location was INACTIVE FILE on 5/24/2024) 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: 56
Total Tracking Forms: 56
54 1

CITY OF CHINO – HIGH-PRIORITY LEGISLATIVE ITEMS
July 2, 2024

PRIORITY LEGISLATION
SB 536 (Rubio) - Surplus state real property: Heman G. Stark Youth Correctional Facility .

Support (City of Chino sponsored).
• This City of Chino sponsored bill 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 Chino, to the City at fair market value upon terms and conditions the Director determines are in the best interests of the State.
• The bill passed out of the Assembly Governmental Organization (GO) Committee on consent on July 2, 2024. The bill was referred to the Assembly Appropriations Committee with a recommendation from the GO Committee that it be put on the consent calendar.

This occurs when a bill has been determined by Legislative Counsel to have a fiscal impact on the State.

AB 3182 (Lackey) – Land Conservation: California Wildlife, Coastal, and Park Land Conservation Act: County of San Bernardino. Support.
• This bill is 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 Prado Regional Park and other specified areas. • The City of Chino is in support of this bill. The bill passed out of the Senate Natural Resources and Water Committee on June 18 and was referred to the Senate Appropriations Committee, where it is on the Suspense File.

SB 1255 (Durazo): Public Water Systems: Needs Analysis: Water Rate Assistance Program .

Oppose unless amended.
• Would create a Low -Income Rate Assistance (LIRA) Program funded with voluntary contributions received based on an “opt-out” approach on all ratepayers. • The City of Chino and a coalition of water purveyors wrote a letter expressing a position of “Oppose unless amended” as the bill create s administrative and possibly legal (Proposition 218) challenges for retail water suppliers. • Requested amendments include r emoving language that requires water suppliers to provide ratepayers the option and method of opting out of providing the “voluntary contribution” and establishing an opt -in program instead ; and removing reference to wastewater as not all retail water suppliers provide wastewater services.

Retail Theft and Proposition 47-Related Ballot Items
Package of Retail Theft Bills – AB 1779 (Irwin), AB 1802 (Jones-Sawyer), AB 2943 (Zbur), AB 3209 55 2

(Berman), SB 905 (Wahab), SB 1144 (Skinner), SB 1242 (Win), SB 1416 (Newman). Oppose unless amended as of June 21, 2024.

On June 21, t he City of Chino submitted letters to Senator Rubio and Assembly Member Rodriguez stating the City’s position of “Oppose unless amended” on this package of bills. While the content of the bills addresses some problems attributed to Proposition 47, “inoperability clauses” were amended into each bill that would render the bills void should the citizen- led initiative 23-0017A1, entitled the “Homelessness, Drug Addiction & Theft Reduction Act,” pass in November.

Many initial supporters of the bill package opposed these amendments. As of July 3, it is expected that the inoperability clauses will be removed from the bills.

SB 1381 (Wahab, Ashby, and Zbur) – Crime.

SB 1381, which was amended on July 1, 2024 with language relating to retail theft penalties that is backed by Governor Newsom and the Democrats , would put an alternative to the California District Attorneys Association (CDAA) supported initiative on the ballot in November. The bill increases penalties for some drug and retail theft crimes but Initiative No. 2023-0017A1 makes more substantial changes to Proposition 47. The Democrats argue their proposal is a less punitive and costly way to address retail theft.

The Sacramento Bee notes, “The bill [SB 1381] sets up a direct competition with the district attorneys’ ballot measure. It says a competing measure that conflicts with its provisions would be “null and void” if it gets more votes.” The California District Attorneys Association initiative is considered a
A vote on the retail theft bills and SB 1381 is likely on Wednesday, July 3, with passage expected.

If SB 1381 is approved, voters will see two competing crime measures on the November ballot , one supported by Governor Newsom and the Democratic Party, and the other, Initiative No. 23- 00017A1, which is supported by county district attorneys and anti-crime groups.

OTHER PRIORITY ITEMS
Federal Funding Requests for FY25
House of Representatives
Representative Norma Torres secured $1,250,000 for the City of Chino for the Chino Valley Entrepreneurship and Innovation Center in the FY25 Transportation Housing Urban Development (THUD) Appropriations Act.

The House Appropriations Interior-Environment Subcommittee allocated $1,105,800 to the City of Chino’s Benson Emergency Power Generator Project. Representative Torres requested $3,414,750 for the project. The House is expected to vote on the Interior -Environment Appropriations bill after its July 4 Holiday break.

Senate
The Senate Appropriations Committee has yet to mark up any of its twelve FY25 spending bills.

Senator Alex Padilla submitted the following Chino project request: $2,000,000 for the City’s Chino Valley Transitional Housing Project in the FY25 THUD bill under the Community 56 3

Development Fund/Economic Development Initiative account.

Sen. Laphonza Butler submitted the following Chino project request: $2,000,000 for the City’s Chino Valley Transitional Housing Project in the FY25 THUD bill under the Community Development Fund/Economic Development Initiative account.

INFORMATIONAL ITEMS
Legislative Calendar
• 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 Rules 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.
57 58
EUNICE M. ULLOA
Mayor
KAREN C. COMSTOCK
Mayor Pro Tern
June 21, 2024
The Honorable Freddie Rodriguez
California State Assembly
1021 0 Street, Suite 5250
Sacramento, CA 95814
CITY of CHINO

CURTIS BURTON

CHRISTOPHER FLORES

MARC LUCIO
Council Members
DR. LfNDA REICH
City M:m:iger
Subject: Opposing Unless Amended Package of Retail Theft Legislation with lnoperability Clauses Dear Assembly Member Rodriguez,
On behalf of the City of Chino, I am writing to express our opposition to the proposed package of retail theft bills moving through the State Legislature. While the proposed legislation would provide greater support to law enforcement in prosecuting retail theft crimes and serve as a deterrent for repeat offenders, the inclusion of the "poison pill" inoperability clauses would render these bills inactive should the citizen-led initiative 23- 0017 Al, entitled the "Homelessness, Drug Addiction & Theft Reduction Act," pass in November.

Using a "poison pill" would render these laws null and void and further risk the safety of our community, which we are sworn to protect and serve . The current bills in question are as follows:
• AB 1779 (Irwin)
• AB 1802 (Jones-Sawyer)
• AB 2943 (Zbur)
• AB 3209 (Berman)
• SB 1144 (Skinner)
• SB 1416 (Newman)
• SB 905 (Wahab)
• SB 1242 (Win)
Many advocates for these pieces of legislation would like to see these laws serve as a supplement to Proposition 47 rather than an alternative or "Plan B" if the measure fails. For these reasons, we oppose the Speaker and Senate Pro Tern's retail theft package.

If you have any additional questions regarding my opposition, please contact my office at (909) 334-3290.

Sincerely, J/1. �
iWo.

Mayor
I 3220 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
59 June 25, 2024

The Honorable Ottie Petrie-Norris
Chair, Assembly Utilities & Energy Committee
1020 N Street, Room 408A
Sacramento, CA 95814

RE: SB 1255 (Durazo): Public water systems: needs analysis: water rate assistance program,

OPPOSE UNLESS AMENDED

Dear Chair Petrie-Norris,

The undersigned agencies from San Bernardino and Riverside counties must respectfully oppose SB 1255 (Durazo) unless the measure is amended. As written, SB 1255 would create a Low-Income Rate Assistance (LIRA) Program funded with voluntary contributions received based on an “opt-out” approach on all ratepayers.

It is very concerning that this bill is a second house gut and amend. SB 1255 is a significant new policy that deserves ample discussion from both houses and stakeholders. It would be best to take the recent amendments as a starting point for discussions over the winter with the sponsors and stakeholders to create a program that comports with the intent of the sponsors without creating administrative and possibly legal (Proposition 218) challenges for retail water suppliers.

The proponents of the bill have engaged with the CA Municipal Utilities Association (CMUA) and the Association of CA Water Agencies (ACWA), and both associations are proposing amendments to the bill that our agencies support. Generally, the undersigned agencies have the following concerns:

60 RE: SB 1255 (Durazo) Oppose unless amended
June 25, 2024

Page 2 of 3 ends

Inclusion of Wastewater
The bill mandates a minimum credit of 20 percent to eligible ratepayers for both fixed charge and volumetric water usage, and further defines a “qualified system” as any retail water supplier serving more than 3,300 residential connections. However, it is worth noting that in many cases, retail water suppliers are NOT the same entity billing for sewer services. Additionally, some agencies bill only a portion of their customers for wastewater, adding unnecessary complexity.

Requested Amendments: (1) strike any reference to wastewater. (2) specify “drinking water. ” Example: “Section 116931 (b)(2) provision of a bill credit for eligible ratepayers of no less than 20 percent of the drinking water charges…. ”

Opt-Out Requirement
The bill would require qualified systems to provide each ratepayer the option and method of opting out of providing the “voluntary contribution” at least three months prior to beginning collection of the “voluntary contribution, ” and at least annually thereafter. Many ratepayers do not review their water bill in detail and could be subject to voluntary contributions without their express knowledge.

This could result in public distrust and refund requests that would increase administrative costs, limiting funding for the program.

Requested Amendment: the bill should establish an opt-in program.

Existing Programs:

The bill allows agencies that have non-rate revenue LIRA programs that meets the minimum bill credit and enrollment requirements, to comply with the provisions of the bill.

Requested Amendments: (1)These programs should be able to continue to operate their existing program instead of creating a new SB 1255 program.

(2) The bill should allow existing programs to apply the 20 percent bill credit to apply to fixed charges, water commodity charges, or both. This would allow programs that only apply a bill credit to one type of charge to meet the requirements of the bill.

(3) The bill should be amended to grant existing programs two-years to comply with SB 1255 should an existing program fall out of compliance.

We have a number of other concerns with this legislation; however, due to the short time frame being offered as a result of the gut and amend process, we are only highlighting three of our major concerns. As mentioned above, CMUA and ACWA have engaged with the author and sponsors and offered more detailed amendments that the undersigned agencies also generally support. We look forward to working with the author and sponsors, preferably over the winter break, to craft a program that works for both the sponsors and water agencies alike.

Sincerely,
61 RE: SB 1255 (Durazo) Oppose unless amended
June 25, 2024

Page 3 of 3 ends

Greg Thomas, General Manager, Elsinore Valley Municipal Water District Mayor Javier John Dutrey, City of Montclair
Linda Reich, City Manager, City of Chino
Mayor Cynthia Moran, City of Chino Hills
Shivaji Deshmukh, P.E., General Manager, Inland Empire Utilities Agency Joe Mouawad, P .E., General Manager, Eastern Municipal Water District Courtney Jones, P .E., Water Resources and Regulatory Affairs Director, Ontario Municipal Utilities Company
Jason Martin, Interim General Manager, Rancho California Water District John Bosler, P.E., General Manager/CEO, Cucamonga Valley Water District Justin Scott-Coe, General Manager, Monte Vista Water District Craig Miller, P.E., General Manager, Western Municipal Water District

cc: Asm. Jim Patterson, Vice Chair, Assembly Utilities & Energy Committee Members, Assembly Utilities & Energy Committee
Laura Shybut, Chief Consultant, Assembly Utilities & Energy Committee Gino Folchi, Republican Consultant, Assembly Utilities & Energy Committee Senator Durazo

62 WASHINGTON UPDATE
June 7, 2024

CONGRESSIONAL BUDGET ACTIVITY
The House Appropriations Committee continues to move their spending bills. The House passed the Military Construction-VA appropriations bill on Wednesday by a party line vote of 209-197. This is traditionally one of the easiest bills to pass although it had several “riders.” (Riders are legislative language prohibiting specific functions and are typically contentious.) Two Republicans voted against the bill and four Democrats voted in favor.

The House Appropriations Committee has approved at the subcommittee level by voice votes (which is normal at that level) the following bills: Defense, Financial Services, Homeland Security and State- Foreign Operations . Last week the Legislative Branch bill was adopted at the subcommittee level.

The House Appropriations Committee is expected to consider the following bills at the full committee level: State-Foreign Operations and Homeland Security on June 12; Defense, Financial Services and Legislative Branch on June 13; Commerce-Justice-Science, the Interior -Environment and the Energy-Water bills on July 9: Labor-HHS-Education, Transportation-HUD, and Agriculture bills on July 10.

The Senate is still working on subcommittee allocations and has not scheduled mark ups . The Senate traditionally is about one month behind the House in moving the appropriation bills.

RADIATION EXPOSURE COMPENSATION FUND REAUTHORIZATION
The House left town Wednesday without extending the compensation fund under the Radiation Exposure Compensation Act before a Friday deadline . Money will continue to be paid out of the fund, but no new claims can be filed . This pits lawmakers who want to greatly expand its coverage against those who want a simple extension. Oddly, conservative Senator Josh Hawley (R -MO) and progressive Representative Cori Bush (D -MO) both support an effort to expand the eligibility for workers that produced enriched uranium in Missouri . Speaker Johson (R-LA) had scheduled a simple two-year extension of the fund but pulled the bill after opposition to the simple extension.

OTHER NOTABLE ACTION THIS WEEK
A 5 -4 decision handed down by the Supreme Court on Thursday means House and Senate appropriators could be on the hook for somewhere between $800 million and $2 billion a year for tribal health care programs that are self -administered. This will put great pressure on Congress in a tight financial cycle in which the non- defense spending is slated for a cut . Chief Justice John G.

Roberts Jr. and conservative Justice Neil M. Gorsuch agreed with the court's three liberal justices, providing the critical margin the tribes needed. Justice Kavanagh wrote in dissension that this will aid the larger and wealthier tribes and leave the poor tribes in no better condition. 12TH AMENDMENT TO THE CONSTITUTION
Concern has arisen about former President Trump’s selection of a Vice -President candidate. If he selects Senator Marco Rubio (R -FL) or Representative Byron Donalds (R -FL) that may create issues with the 12th Amendment which limits electoral college votes for two persons from the same 63 state running for President and Vice -President. That means Florida’s 30 Electoral College members cannot vote for both a President and Vice-President who are from Florida. If Trump were to win the 270 electoral votes to claim the presidency, but his running mate could not claim enough such votes, the US Senate would be forced to select the next Vice-President.

QUOTABLE QUOTE(S)
Congresswoman Majorie Taylor Green (R -GA) has threatened to force a vote on impeaching President Joe Biden. Speak Johnson responded by stating “In general, the impeachment power is one that we wield very carefully here, as I’ve said so many times. Next to declaration of war, it’s the heaviest power that Congress has. And it needs to be very methodical.” 64 WASHINGTON UPDATE
June 14, 2024

CONGRESSIONAL BUDGET ACTIVITY
The House continues to press forward on its twelve appropriations bills . This week the House Appropriations Committee approved five bills. It approved the Defense bill on June 13 by a vote of 34 to 25. The Homeland Security bill was marked up by a vote of 33 to 26 on June 12. And the State-Foreign Operations bill was adopted on June 12 by a vote of 31 to 26.

The Legislative Branch and the Financial Services bill were approved by the full Committee on June 13. Both were adopted by a vote of 33- 24. The Legislative Branch bill did not include a cost- of-living adjustment for Members of C ongress, this provision has been adopted every year for the past decade. The Financial Services bill did not include a provision that would have allowed state - legalized cannabis companies access to banking services . On June 11, the Agriculture spending measure was forwarded by the subcommittee to the full committee on a voice vote.

The most difficult bills to pass have not yet been marked up. These bills likely will face steep cuts to spending and many difficult political legislative rider amendments.

The House Appropriations Committee is scheduled to consider the following bills at the full committee level: Commerce-Justice-Science, the Interior -Environment, and the Energy- Water bills on July 9: Labor -HHS-Education, Transportation- HUD, and Agriculture bills on July 10. This schedule could change very quickly.

The Senate is still working on subcommittee allocations and has not scheduled mark ups . The Senate traditionally is about one month behind the House in moving the appropriation bill s. Senate Appropriators are hoping to start their markups the week of July 8, when the Senate returns from its two-week July 4 recess . The Agriculture, Military Construction- VA and Legislative Branch measures are expected to be first in line, though the bill order is subject to change.

TRUMP ON THE HILL

Former President Donald Trump came to Capitol Hill on June 13. He met with House Republicans in the morning and at noon met with Senate Republicans . Both meetings were held at Republican facilities and were called so Republicans could work together . Trump discussed the possibility of not taxing tip income, reinstating tariffs, and abortion. Trump stated the need for abortion exceptions pitting him against some of the more conservative members.

CONGRESSIONAL BASEBALL GAME
The Republicans defeated the Democrats 31 to11 on Thursday. The game raised $2 million for local charities. The game was first started in 1909.

QUOTABLE QUOTE(S)
Speaker Mike Johnson (R-LA) disagrees with some of Trump positions , including tariff increases .

Johnson said that Trump made the tariff remark “with a smile.” Johnson added, “I’m not suggesting this is the plan.”
65 WASHINGTON UPDATE
June 24, 2024

CONGRESSIONAL BUDGET ACTIVITY
The Senate is in recess until July 8 . The House will come back on June 25 after taking a break last week. Both the House and Senate will be off the week of July 1 for the 4 th of July break.

And the House continues to press forward on approving its twelve appropriations bills. The House has passed its Mili tary Construction-VA bill. The House Appropriations Committee has approved six bills: Defense, Financial Services, Homeland Security, Legislative Branch, Military Construction-VA, and State-Foreign Operations.

The House has scheduled consideration of the following bills on the floor this week: Defense, Homeland Security and State-Foreign Operations. We will see if the House Republicans can stick together and adopt the rules governing debate and final passage of these bills due to their slim majority.

The most difficult bills to pass have not yet been marked up. These bills likely will face steep cuts to spending and many difficult political legislative rider amendments.

The House Appropriations Committee is still scheduled to consider the following bills at the full committee level: Commerce-Justice-Science, the Interior -Environment, and the Energy- Water bills on July 9: Labor -HHS-Education, Transportation- HUD, and Agriculture bills on July 10. This schedule could change very quickly.

The Senate is still working on subcommittee allocations and has no scheduled mark ups. The Senate traditionally is about one month behind the House in moving the appropriation bill s. The Agriculture, Military Construction-VA and Legislative Branch measures have been given spending allocations and should be ready to move forward when the Senate comes back after the July 4 th break.

NOTEABLE ACTIONS
Former President Trump’s proposal to end taxation of tipped income continues to gain steam . Even some Democrats support the idea. Fiscal conservatives question its effect on the budget deficit.

Discussions have begun in the House and Senate on the expiration of the 2017 tax package under Trump. Both Democrats and Republicans in the House and Senate are gearing up for the reauthorization of the tax cuts and how to pay for it.

The House Ethics Committee has issued 25 subpoenas related to Congressman Matt Gaetz (R -FL).

The Republican lead Committee is investigating the allegations of sexual misconduct and attempts by Gaetz to impede or obstruct the investigation.

QUOTABLE QUOTE(S)
Congressman Matt Gaetz said via social media the “new frivolous investigations” by the House Ethic Committee were based on “lies.”
Congressman Bob Good (R-VA), head of the Freedom Caucus is in a tight race for the Republican primary. Trump has supported his challenger because Good supported DeSantis in the Presidential Primary. The were three fire alarms at local precincts . Good said “We’re going to have a full recount. We’re going to have a full investigation,” and we have “a tremendous number of lawyers at our disposal.”
66 WASHINGTON UPDATE
June 28, 2024

CONGRESSIONAL BUDGET ACTIVITY
The Senate is in recess until July 8. The House came back on June 25 after taking a break last week.

Both the House and Senate will be off the week of July 1 for the 4th of July break.

The House continues to press forward on approving its twelve appropriations bills. The House has passed its Mili tary Construction-VA bill. The House Appropriations Committee has approved six bills: Defense, Financial Services, Homeland Security, Legislative Branch, Military Construction - VA, and State-Foreign Operations.

The Defense, Homeland Security, and the State -Foreign Operations bills are scheduled for final votes on passage by the House today, June 28. The Republicans have stuck together and voted for the rules for consideration of the bills . The House Appropriations subcommittees adopted the following bills this week: Commerce- Justice-Science, Labor -HHS-Education, and the Transportation-HUD. That means 10 of the 12 spending bills have been approved by the House Appropriations subcommittees. The last two bills , Interior-Environment and Energy and Water Development, will be marked up today at the subcommittee level.

The Agriculture, Military Construction- VA and Legislative Branch measures have been given spending allocations by the Senate Appropriations Committee and should be ready to move forward when the Senate comes back on July 8. Senate Appropriations Committee chair Patty Murray (D - WA) has given tentative allocations to the other 9 subcommittees allowing them to begin to draft their bills. There still is no bipartisan agreement on spending levels in the Senate.

NOTEABLE ACTIONS
The House Transportation and Infrastructure Committee approved its Water R esources Development Act (WRDA) reauthorization this week. The Senate Environment and Public Works Committee approved its bill on May 22. Both the House and Senate must still pass their bills on the floors of the respective bodies.

The House prepares for a possible vote soon on directing the sergeant -at-arms to take Attorney General Merrick Garland into custody, as Congresswoman Anna Paulina Luna (R-FL) says she will force a vote on holding him in “inherent contempt” of Congress. The promise from Luna is yet another headache for House Republican leaders, who are planning to file a lawsuit in Washington DC courts next week to enforce their previous subpoena of Garland.

QUOTABLE QUOTE(S)
House Oversight Committee Chair James Comer (R-KY) said that while he will vote for the measure to order the sergeant -at-arms to detain Garland , he does not think it’s necessary. “I don’t think anyone understands how it’s going to work. The last time it was used, members of Congress rode horses to this building where I am right now,” Comer said. 67 On the House passing the Farm bill , “’I’m always hopeful,” House Agriculture Committee Chair Glenn Thompson (R-PA) said . “We got good, decent bipartisan support. We even got folks in committee that voted against it, they called me the next day, just talking about how good the bill was.”
House Majority Whip Tom Emmer (R-MN) said when asked if the Farm bill would get a vote before the election: “We’re told that’s the plan, but we haven’t seen it.”

68 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

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

SUBJECT
..titl e
Amendment No. 1 to Animal Shelter and Animal Control Services Agreement No. 2022 -37 Between the City of Chino and Inland Valley Humane Society & S.P.C.A. ..end

RECOMMENDATION
1) Approve changes to the Animal Shelter and Animal Control Services Agreement with the Inland Valley Humane Society & S.P.C.A. (IVHS) to remove guaranteed revenue and modify revenue credits upon termination, and 2) authorize the City Manager to execute al l documents related to this agreement.
..body

FISCAL IMPACT
Will require an additional appropriation to be determined based on revenue collected by IVHS during the current fiscal year. This appropriation will be brought to the City Council for appr oval during the mid-year budget report. The average deficit over the past three years was $62,224.

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

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. 69 CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: AMENDMENT NO. 1 TO ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT NO. 2022 -37 BETWEEN THE CITY OF CHINO AND INLAND VALLEY HUMANE SOCIETY & S.P.C.A.

PAGE: 2

BACKGROUND
The City of Chino has long partnered with the Inland Valley Humane Society (IVHS) to provide essential animal services, including sheltering, licensing, and low -cost clinics. Since the inception of this agreement, the City has benefited from Guaranteed Rev enue Credits. This allocation, amounting to $320,000, has historically been subtracted from the City’s annual fee obligation to IVHS.

Guaranteed credits were generated from IVHS’s collection of payments for animal licensing, late fees, impound fees, kennel care fees, and court fines. However, since the latter part of 2020, IVHS has modified its canvassing model, leading to decreased collection of these fees. This action prompted the discontinuation of the guaranteed revenue credits, and therefore a higher financial burden for the City. As a result, the City of Chino will face a financial adjustment in the annual budget for animal services.

ISSUES/ANALYSIS
Changes to Revenue Credits
Currently, IVHS collects and retains payments from various fees related to the City’s animal control program, such as dog and cat licenses, late fees, impound fees, kennel care fees, and court fines. The City is guaranteed an annual revenue of $320,000 from these collections. If IVHS fails to collect this amount in any given y ear, it commits to crediting the City the full $320,000 on the final (June) invoice. Any revenue collected in excess of the guaranteed amount is shared equally between the City and IVHS. IVHS's portion of this excess is placed in an escrow account dedicate d to providing medical services, such as spaying, neutering, and microchipping, for City residents who cannot afford them.

Amendment No. 1 removes the Guaranteed Revenue Clause. It specifies that IVHS will collect and retain the same types of payments rel ated to the City’s animal control program, referred to as "Service Fees." These collected fees are then credited against the Annual Fee owed by the City, as outlined in specific paragraphs of the agreement. However, this version does not guarantee a minimum annual revenue for the City, and it does not include provisions for sharing excess revenue or allocating funds to an escrow account for community medical services. In this arrangement, the City receives credit for exactly the revenue collected during the service period in Chino.

Changes to Revenue Credits Upon Termination
Currently, section 13 of the agreement allows either party to terminate the agreement without cause by providing at least 180 days written notice, specifying the termination date. In the event of termination, IVHS will be compensated for all work performed up to the termination date.

However, if the agreement ends before the term or renewal period concludes, the City is only entitled to credits for the actual revenue collected from July 1 until the termination date, rather than the full Guaranteed Revenue amount. The City retains the right to claim the full Guaranteed Revenue in case of termination due to a breach by IVHS. If the City terminates the agreement, IVHS must assist in transferr ing animal shelter and control services to a new provider. This includes identifying and relocating animals, transferring records, and other related expenses. If there is no breach of contract by IVHS, the City will be credited based on actual revenue receipts without any additional guaranteed revenue. 70 CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: AMENDMENT NO. 1 TO ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT NO. 2022 -37 BETWEEN THE CITY OF CHINO AND INLAND VALLEY HUMANE SOCIETY & S.P.C.A.

PAGE: 3

The new termination revision clause still requires 180 days written notice from either party to terminate the agreement without cause. The termination notice must specify a date at least 180 days in the futur e. Upon termination, IVHS is paid for all work completed up to the termination date, minus any Service Fee credits. IVHS must also cooperate with the City to transfer animals and services to a new provider, covering the costs of identifying, relocating ani mals, and transferring records. Revenue will be credited to the City based on actual receipts for the service period if termination is initiated. If Amendment No. 1 is approved, there will be no prorated guaranteed revenue.

Attachment – Amendment No. 1 - IVHS

71 CITY OF CHINO - AMENDMENT NO. 1 TO AGREEMENT NO. 2022-037

Page 1 ends

CITY OF CHINO

AMENDMENT NO. 1 TO ANIMAL SHELTER AND
ANIMAL CONTROL SERVICES AGREEMENT NO. 2022-037

BETWEEN THE CITY OF CHINO AND
INLAND VALLEY HUMANE SOCIETY & S.P.C.A.

THIS AMENDMENT NO. 1 to that certain Animal Shelter and Animal Control Services Agreement dated July 1, 2021 (Agreement No. 2022-037), is entered into in the State of California by and between the CITY OF CHINO, a California general law municipal corporati on, hereinafter called “City”, and THE HUMANE SOCIETY OF POMONA VALLEY, INC. dba INLAND VALLEY HUMANE SOCIETY & S.P.C.A., a nonprofit corporation, hereinafter called “Humane Society.”

City and the Humane Society agree to amend Agreement No. 2022-037 as follows:

1. Section 5, subsection (b). the “Guaranteed Revenue Credits” section shall be deleted and replaced, in its entirety, as follows:

(b) Revenue Credits: Humane Society shall receive and retain all payments collected for dog and cat licenses and related late fees, impound fees, kennel care fees and court fines collected on behalf of City as a result of City’s animal control program (“Service Fees”). Any Service Fees collected by Humane Society in connection with City’s animal control program shall be automatically remitted to Humane Society. All Service Fees will be credited to the City against the Annual Fee set forth in Paragraph 5(a) above, and subsequently calculated in Paragraph 5(d) below.

2. Section 13 shall be replaced in its entirety to read as follows:

Termination: After the completion of the initial Term, either Party, at any time, may terminate this Agreement without cause upon the giving of no less than one hundred eighty (180) days prior written notice to the other Party of the intent to terminate. This notice shall include the date of termination which shall be no less than one hundred eighty (180) days following the date of the notice. In the event of such a termination, Humane Society shall be paid for all work performed under the Agreement through the date of termination, less any Service Fee credits as described in Section 5(b). In the event that the Agreement is terminated, Humane Society will cooperate with City in transferring the animals sheltered and animal control services to any other consultant or provider chosen by City to perform the animal shelter and animal control services. The additional expenses of transferring the animals and animal control services include, but are not limited to, the actual cost of identification and relocation of animals, transfer of records, including medical records, and other costs related to the transfer of the responsibility for animal sheltering and animal care services from Humane Society.

If termination is initiated, revenue will be credited to the City based on actual receipts for the service period.

3. This Amendment will take effect July 1, 2024.

All other provisions of the agreement remain in effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 2022-037 to be executed on the day and year last written below:

[Signatures on next page.]

72 CITY OF CHINO - AMENDMENT NO. 1 TO AGREEMENT NO. 2022-037

Page 2 ends

CITY OF CHINO INLAND VALLEY HUMANE SOCIETY
& S.P.C.A.

Linda Reich
City Manager

Nikole Bresciani
President/CEO

(Date)

Date

Attest:

Natalie Gonzaga
City Clerk

(Date)

(Signature)

(Date)

(Printed Name/Title)

(Date)

73 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

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

RECREATION

SUBJECT
..titl e
Award of Measure I Funding Program.
..end

RECOMMENDATION
1) Accept the Measure I Award-Omnitrans 2025 Specialized Transportation grant in the amount of $249,775 for FY 2025 ($122,016) and FY 2026 ($127,759); 2) appropriate $34,516 for expense and increase revenue by $5,799 for FY 2025, and 3) authorize the City Manager to execute all necessary documents related to the funding program on behalf of the City.

..body

FISCAL IMPACT
Requires an additional appropriation of $34,516 from the unappropriated reserves of the Community Services Fund and a $5,799 increase to revenue. The $127,759 for FY 2026 will be included in the FY 2025-26 budget.

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

Revenue: 3308130-59500-G8953

Expenditure: 3308130-40010-G8953
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 74 CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: AWARD OF MEASURE I FUNDING PROGRAM.

PAGE: 2

BACKGROUND
On November 16, 2017, Omnitrans Special Transportation Services announced the release of the 2018 Measure I Specialized Transportation Grant funding cycle. Funding was available to organizations that provide transportation services in the San Bernardino Valley subarea to seniors and persons with disabilities. The funding comes from a portion of a one -half of one percent (.05%) sales tax approved by voters and generated in the incorporated and unincorporated territory of the County of San Bernardino. This portion of the sales tax supports specialized transportation services directed to serve seniors a nd persons with disabilities. The funding is to be used to enhance services for senior citizens and persons with disabilities, including offsetting operating costs associated with special transit services for these populations. The funds cannot supplant any other type of funding already in use for the proposed service.

Since FY 2019, the City has been awarded three funding cycles for a total of $525,374 to expand the Senior Mobility and Reliable Transportation ( Get S.M.A.R.T.) program. The Get S.M.A.R.T. program provides free door -to-door transportation to Chino residents within the City limits who are 50 years of age and older (seniors) for doctor’s appointments, shopping, banking, etc. With the grant, the program was expanded to include operating a s econd bus and adding Chino’s sphere of influence in the unincorporated areas of San Bernardino County to the service area. This allowed for an increase in the number of participants transported each day, eliminating the waiting list.

ISSUES/ANALYSIS
On January 5, 2024, Omnitrans Special Transportation Services released applications for funding for the FY 2025 - FY 2026 funding cycle. The City applied for additional funding from the previous years due to increasing costs for staffing and overall progr am operations for the expanded Get S.M.A.R.T. program. On Monday, June 17, 2024 the City was informed its application was approved to continue the expanded Get S.M.A.R.T. program for a total of $249,775 for the FY 2025 - FY 2026 funding cycle, $122,016 fo r FY 2025 and $127,759 for FY 2026. This will require an additional appropriation of $34,516 from the unappropriated reserves of the Community Services Fund and a $5,799 increase to revenue. The $127,759 for FY 2026 will be included in the FY 2025-26 budget.

Attachment: Omnitrans Agreement

75 CITYCONTRACTNO.:

APPROVED:FUNDINGAGREEMENT

BETWEEN

OMNITRANS
AND

CITYOFCHINO
ThisFundingAgreementforMeasureIfunds(“Agreement”)byandbetweenCI-IINO (“CHINO”)amunicipalgovernmentandOmnitrans,aJointPowersAuthorityanda ConsolidatedTransportationServicesAgency(“Omnitrans”),isenteredintothislstdayof July;2024.CHINOandOmnitransaresometimesindividuallyreferredtoas“Party"and collectivelyas“Parties.”

RECITALS
WHEREAS,initscapacityastheConsolidatedTransportationServicesAgency (“CTSA”)fortheSanBemardinoValley,OmnitranshastheabilitytoprovideMeasureIfunds tootherentitiesforprojectsthatimprovemobilityforpersonswithdisabilities,seniorcitizens, andpersonsoflowincome;and
WHEREAS,currentlyoperatestheGetS.M.A.R.T.programoperatesMondaythrough Friday,6:30a.m.to2:00p.m.Theprogramallowsseniorstheopportunityforsocialization, preservationoftheirphysicalandmentalhealth,andtomaintaintheirindependence;and WHEREAS,CHINOwouldliketocontinuetheoperationoftheGetS.M.A.R.T. program(“Project”);and
WHEREAS,OmnitransdesirestoprovideoperatingassistancefundstoCHINO,ona reimbursablebasis,fortheProject;and
WHEREAS,thepartieswishtoenterintothisAgreementtodocumentthetermsand conditionsofOmnitransfundingoftheGetS.M.A.R.T.Project.

NOW,THEREFORE,THEPARTIESAGREEASFOLLOWS:

1.ProjectDescription:CHINOwillcontinuetheoperationofitsAIMtransportation program,attachedheretoasExhibitA.AnyproposedamendmenttoExhibitAmustbeagreedto inadvancebythepartiespursuanttoawrittenamendment.
76 2.Term:ThisAgreementwillbeforatermof‘two(2)yearsandshallexpireonJune30, 2026,unlessotherwiseterminatedasprovidedforinthisAgreementorextendedbywritten agreementbetweentheparties.

3.FundingAmount:TheamounttobepaidtoCHINOunderthisAgreementwillnot exceed$2495775inoperatingexpenses,withannualnottoexceedamounts0f$122,016inFiscal Year2025and$127.759inFiscalYear2026—unlessagreedtoinadvancebytheparties pursuanttoawrittenamendment.lnnoinstancewillOmnitransbeliableforanypaymentsor costsforworkinexcessoftheseamounts.norforcostsnotlistedinProjectBudget,attached heretoasExhibitB.

4.Pavment:
a.Onamonthlybasis,CHINOwillprovideOmnitranswithaninvoicefor reimbursementpursuanttoSubsections4band4.c.,below.
b.PaymentsforoperatingexpensestoCHINOhereunderwillbemadeinarrears.

CHINOwillsubmitadetailedandproperlydocumentedinvoiceforreimbursement notmoreoftenthanmonthly,whichinvoicewillinclude:(i)adescriptionofthework performed;and(ii)adetailedaccountingofcostsincur-red.
c.Paymentsforcapitalexpenses,includingbutnotlimitedtovehicles,maybe requestedinadvance,uponpresentationofavalidvendorinvoiceforsuchpurchases d.CHINOwillbenotifiedwithinten(10)businessdaysfollowingreceiptofitsinvoice byOmnitransofanycircumstancesordatainCHINO’sinvoicethatwouldcause withholdingofapprovalandsubsequentpayment.CHINO‘sinvoicewillinclude documentationofreimbursableexpensesandbilleditemssufficientforOmnitrans.in itsopinion,tosubstantiatebillings.Omnitransreservestherighttowithholdpayment ofdisputedamounts.
e.AtnotimeshallpaymentsfromOmnitransbeusedtosupplantanyexistingfunding sourceforCHINO’sProgram.CHINOshallnotifyOmnitransofanypotentiallossof fundingfortheexistingCHINOserviceswithinten(10)businessdaysoflearningof thefundingloss.

5.ProgressReports:CHINOwillprovideOmnitranswithmonthlyProjectMilestones updates0ntheProject.assetforthinExhibitA.IncooperationwithOmnitrans.CHINOshall developnationalridershipdatareportingmechanismssufficientforreportingaspartoftheNTD (NationalTransitDatabase)reportingsystem.andshallprovidesuchdatatoOmnitransmonthly. 77 6‘AdvisorvCommitteeParticipation:CHINOshallattendandparticipateinadvisory committeemeetingsiasmutuallyagreeduponbyOmnitransandtheSanBemardinoCounty TransportationAuthority.

7.CompliancewithLaws:CHINOwillcomplywithallapplicablefederal,state,andlocal laws,codes,ordinances,regulations,orders,circulars,anddirectives,including,without limitation:(i)allregulatoryrequirementsassociatedwiththefundingprovidedtotheCHINOfor thisProject;(ii)alldisabilitylaws;and(iii)non-discriminationandequalopportunitylaws.Any failurebyCHINOtocomplywithsuchlawsmayresultinthetemiinationofthisAgreementor suchotherremedyasOmnitransdeemsappropriate,

8.IndependentContractor:CHINO,andtheagentsandemployeesofCl—HNO,inthe performanceofthisAgreement,willactasandbeindependentcontractors,andnotofficers, employees,oragentsofOmnitrans.CHINO,itsofficers,employees,agents,andcontractors,if any.willhavenopowertobindorcommitOmnitranstoanydecisionorcourseofaction,and willnotrepresenttoanypersonorbusinessthattheyhavesuchpower.CHINOhasandwill retaintherighttoexercisefullcontrolofthesupervisionoftheCHINOProject,andoverthe employment,direction.compensation,anddischargeofallpersonsassistingintheperformance oftheworkfundedbythisAgreement,CHINOwillbesolelyresponsibleforallmattersrelating tothepaymentofitsemployeesandcontractors,includingbutnotlimitedto,compliancewithall laws,statutes.andregulationsgoverningsuchmatters.

9.Termination:
a.OmnitransmayterminatethisAgreementforcausebygivingCHINOanoticeof defaultandintentiontoterminatetheAgreement(“TerminationNotice”).Thenotice willbedeemedservedandeffectiveforallpurposesonthedateitisdepositedinthe U.S.mail,certified.returnreceiptrequested,addressedtoCHINOattheaddress indicatedinSection20below.
b.UponreceiptofaTerminationNotice,Cl‘llNOshallhave30daysinwhichtocurethe statedviolation(s)andtoprovidetoOmnitranssufficientevidencethattheviolations havebeencured.IfCHINOhasnotcuredwithin30daysofsuchnotice,orhasnot providedsufficientevidenceofsuchtoOmnitrans.theAgreementshallbetemiinated. effectiveimmediately.
c.OmnitransmayalsoterminatethisAgreementintheeventofMeasurelorfederalgrant fundingshortfall,upon15dayswrittennotice.Suchnoticewillbeservedandeffective assetforthinSubsection9a..herein.
78 d.OmnitransmayalsoterminatethisAgreementintheeventofafundingshortfallfor CHFNO‘sProgram0rthefailuretoprovidenoticetoOmnitransofsuchfunding shortfall,asrequiredpursuantt0section4.e.IntheeventCHINOfailstoprovidethe noticerequiredpursuanttosection4.e.,OmnitransisnotrequiredtogiveCHINOan opportunitytocuresuchviolation.
e.IfOnmitransissuesaTerminationNoticeorterminatesthisAgreementdue10afunding shortfall,OmnitranswillreimburseCHINOforworkactuallyperformeduptothe effectivedate0ftheTerminationNotice,subjectt0thelimitationsinSection4,and lessanycompensationtoOmnitransfordamagessufferedasaresultofCITYof CHINO’sfailuretocomplywiththetermsofthisAgreement.
f.CHINOwillhavetherighttoterminatethisAgreementintheeventOmnitransis unabletomakerequiredpayments.Insuchevent,Cl-llNOwillprovideOmnitranswith seven(7)dayswrittennoticeoftermination.Thenoticewillbedeemedservedand effectiveonthedateitisdepositedintheU.S.mail.certified,returnreceiptrequested, addressedtoOmnitransattheaddressindicatedinSection20.Omnitranswillmake paymenttoCl-IINOthroughthedateoftermination.subjecttotheprovisionsofSection 4above,andlessanycompensationtoOmnitransfordamagessufferedasaresultof CHINO‘sfailuretocomplywiththetermsofthisAgreement.

10.Assignment:ThepartiesunderstandthatOmnitransenteredintothisAgreementbasedon theCHINOProjectproposedbyCHINO.Therefore.withoutthepriorexpresswrittenconsentof Omnitrans,thisAgreementisnotassignablebyCHINOeitherinwholeorinpart.

11.BindingAgreement:ThisAgreementwillbebindingonthepartieshereto.theirassigns. successors,administrators,executors.andotherrepresentatives.

12.Time:TimeisoftheessenceinthisAgreementandwillfollowtheProjectMilestones timelinesetforthinExhibitA.unlessmodifiedpursuanttoSection13. l3.Amendments:NoalterationorvariationofthetermsofthisAgreementwillbevalidunless madeinwritingandsignedbythepartieshereto.andnooralunderstandingoragreementnot incorporatedherein.willbebindingonanyofthepartieshereto. l4.ContractorsandSubcontractors:CHINOwillbefullyresponsibleforallworkperfonned byitscontractorsandsubcontractors.Omnitransreservestherighttoreviewandapproveany contractoragreementtobefundedinwholeorinpartusingfundsprovidedunderthisAgreement inexcessof$25.000.CHINOshallincorporatethetermsofthisAgreement.includingwithout limitationtheindemnificationandinsuranceprovisions.intoanysubcontractoragreementfunded bythisAgreement.
79 15.Indemnification.CHINOshalldefend.indemnifyandholdOmnitrans.itsdirectors, officials,officers,employees,agentsand/0rvolunteersfreeandharmlessfromanyandallliability fromloss,damage.orinjurytopropertyorpersons,includingwrongfuldeath,inanymanner arisingoutoforincidenttoanyacts,omissionsorwillfulmisconductofCHINOoranyofits directors,officials,officers,employees,agents,volunteers,orserviceprovidersarisingoutofor inconnectionwithCHINO‘sperformanceofthisAgreement,including,withoutlimitation,the paymentofconsequentialdamagesandattorneys'fees.Further,CHINOshalldefend,atitsown expense,includingthepaymentofattomeys'fees,Omnitrans,itsofficials,officers,employees, agentsand/orvolunteersinanylegalactionbaseduponsuchacts,omissionsorwillfulmisconduct.

CHINOshallreimburseOmnitrans,itsdirectors,officials,officers,employees,agentsand/or volunteers,foranyandalllegalexpensesandcostsincurredbyeachoftheminconnection therewithorinenforcingtheindemnityhereinprovided.

16.Insurance.CHINOshallrequireallcontractorsorconsultantshiredtoperformworkor servicesontheProjecttoobtain,andrequiretheirsub-consultantsandsub-contractorstoobtain, insuranceofthetypesandintheamountsdescribedbelowandsatisfactorytoOmnitrans.CHINO maysatisfyitsinsuranceobligationshereinthroughparticipationinaprogramofself—insurance.

SuchinsuranceshallbemaintainedthroughoutthetermofthisAgreement.oruntilcompletionof theProject.whicheveroccurslast.Uponrequest,CHINOwillprovidewrittencertificates evidencingcompliancetoOmnitrans.
a. CommercialGeneralLiabilityInsurance.Occurrenceversioncommercialgeneral liabilityinsuranceorequivalentformwithacombinedsinglelimitofnotlessthan $1,000,000.00peroccurrence.Ifsuchinsurancecontainsageneralaggregatelimit, itshallapplyseparatelytotheProjectorbenolessthantwotimestheoccurrence limit.Suchinsuranceshall:
b. BusinessAutomobileLiabilityInsurance.Businessautomobileliabilityinsurance orequivalentformwithacombinedsinglelimitofnotlessthan$1,000,000.00per occurrence.Suchinsuranceshallincludecoverageforowned.hiredandnon— ownedautomobiles.
c, Workers’CompensationInsurance.Workers”compensationinsurancewith statutorylimitsandemployers’liabilityinsurancewithlimitsofnotlessthan $1000.000.00eachaccident.

17.Audit:AnindependentauditorshallauditCHINO‘SuseofProjectfundsnolessthan annually.CHINOagreestosupplyOmnitranswithacopyofanyauditofProjectrelatedactivities performed.
80 l8.RetentionandInspectionofRecords
a.CHINO~includinganycontractorsorsubcontractors,willretainalldrivertraining recordsandvehiclemaintenanceandsafetvrecords.
b.Omnitransoritsdesigneewillhavetherighttoreview,obtain,copy,andauditall books7records,computerrecords,accountsrdocumentationandanyothermaterials pertainingtoperformanceofthisAgreement(collectively“Records”),includingany Recordsinthepossessionofanycontractorsorsubcontractors.CHINOagreesto provideOmnitransoritsdesigneewithanyrelevantinformationrequestedandwill permitOmnitransoritsdesigneesaccesstoitspremises.uponreasonablenotice.during normalbusinesshoursrforthepurposeofinterviewingemployeesandinspectingand copyingsuchRecordsforthepurposeofdeterminingcompliancewithanyapplicable federalandstatelawsandregulations
c.CHINOfurtheragreestomaintainallCHINOProjectRecordsforaperiodoffour(4) yearsafterfinalpaymentundertheAgreementorfour(4)yearsfromtheconclusionor resolutionofanyandallauditsorlitigationrelevanttothisAgreementandany amendmentswhicheverislater.IfsodirectedbyOmnitransuponexpirationofthis Agreement,CHINOwillcauseallRecordsrelevanttotheProjecttobedeliveredto Omnitransasdepository.

19.Signs:CHINOwillincludetheOmnitranslogoand/orMeasurelsignageonProject relatedmarketingmaterialsandonvehiclesoperatedwithOmnitransfunding.including:
a.VehiclespurchasedoroperatedwithMeasureIfundsshalldisplaysignsclearly visibletoridersindicatingthevehicleisfundedinpartthroughMeasureIfunding. b.SignagemustconformwithapprovedMeasureIsignageandbeapprovedby Omnitrans.

20.Notices.Allnoticeshereundershallbeinwritingandshallbeeffectiveuponreceipt.All noticesandcommunications,includinginvoices,betweenthePartiestothisAgreementshallbe eitherpersonallydelivered,sentbyfirst-classmail,returnreceiptrequested.orsentbyovernight expressdeliveryservice,postageorotherchargesfullyprepaid,asfollows:

TOOMNITRANS: TOCITYofCHINO:

Omnitrans CitvofChino
1700WestFifthStreet 13220CentralAvenue
SanBernardino.CA9241l Chino.CA91710
ATTN:DirectorStrategicDevelopmentATTN:DirectorofCSPR
81 21,Waivers:NOwaiverofanybreachofthisAgreementwillbeheldtobeawaiverofany priororsubsequentbreach.ThefailureofOmnitranst0enforceatanytimetheprovisions0fthis AgreementortorequireatanytimeperformancebyCHINOoftheseprovisions,willinnoway beconstruedtobeawaiverofsuchprovisionsnortoaffectthevalidityofthisAgreementorthe rightofOmnitranstoenforcetheseprovisions.

22.Litigation:CHINOwillnotifyOmnitransimmediatelyofanyclaimoractionundertaken byit0ragainstitthataffectsormayaffectthisAgreementorOmnitrans.andwilltakesuchaction withrespecttotheclaimoractionasisconsistentwiththetermsofthisAgreementandtheinterests ofOmnitrans.

23.Non-LiabilitvofOmnitrans:OmnitransshallnotbeliabletoCHINOoranythirdpartyfor anyclaimforlossofprofltsorconsequentialdamages.Further,Omnitransshallnotbeliableto CHINOoranythirdpattyforanyloss,cost,claimordamage.eitherdirectorconsequential, allegedlyarisingfromadelayinperformanceorfailuretoperformunderthisAgreement.There arenothird-partybeneficiariestothisAgreement
24,CostsandAttorneys’Fees:Ifeitherpartycommencesanylegalactionagainsttheother partyarisingoutofthisAgreementortheperformancethereof,theprevailingpartyinsuchaction mayrecoveritsreasonablelitigationexpenses,includingcourtcosts,expertwitnessfees.discovery expenses,andreasonableattorneys’fees.

25.G0verningLawandChoiceofForum:ThisAgreementwillbeadministeredand interpretedunderCalifornialawasifwrittenbybothparties.Anylitigationarisingfromthis AgreementwillbebroughtintheSuperiorCourtofSanBernardinoCounty.

26.Integration:ThisAgreementrepresentstheentireunderstandingofOmnitransandCHINO astothosematterscontainedhereinandsupersedesallpriornegotiations.representations.or agreements.bothwrittenandoral.ThisAgreementmaynotbemodifiedoralteredexceptin accordancewithSection13.

27.Severabilitv:IfanytemiorprovisionofthisAgreementortheapplicationthereoftoany personorCircumstancewill,toanyextent.beinvalidorunenforceable.theremainderofthis Agreement.ortheapplicationofsuchtermorprovisiontopersonsorcircumstancesotherthan thosetowhichitisinvalidorunenforceable.willnotbeaffectedtherebv.andeachtermand provisionofthisAgreementwillbevalidandwillbeenforcedt0thefullestextentpermittedby law.unlesstheexclusionofsuchtermorprovision,ortheapplicationofsuchtermorprovision. wouldresultinsuchamaterialchangesoastocausecompletionoftheobligationscontemplated hereintobeunreasonable.
82 28.Headings:TheheadingsofthevarioussectionsofthisAgreementareintendedsolelyfor c0nvenienceOfreferenceandarenotintendedtoexplain,modify.orplaceanyinterpretationupon anyOftheprovisionsofthisAgreement.

29.AuthoritV:EachpersonsigningthisAgreementonbehalfofapartyherebycertifies, represents,andwarrantsthatheorshehastheauthorityt0bindthatpartytothetermsand conditionsofthisAgreement.

30.Ownership:Permission:Omnitransrepresentsandwarrantsthatallmaterialsusedinthe performanceoftheProjectwork,including.withoutlimitation.allcomputersoftwarematerials. andallwrittenmaterials,areeitherproducedorownedbyCHINOorthatallrequiredpermissions andlicenseagreementshavebeenobtainedandpaidforbyCHINO.CHINOwilldefend, indemnify.andholdharmlessOmnitransanditsdirectors,officers,employees,andagentsfrom anyclaim,loss,damage,cost,liability.orexpensetotheextentofanyViolationorfalsityofthe foregoingrepresentationandwarranty,

31.Counterparts:ThisAgreementmaybeexecutedinmultiplecounterparts,eachofwhich willconstituteanoriginal,andallofwhichtakentogetherwillconstituteoneandthesame instrument.

32.PressReleases:Cl-IINOwillobtainOmnitrans'priorwrittenapprovalofanypressreleases, orotherpublicoutreachmaterials,thatincludeanyreferencetoOmnitransordepictionofthe Omnitranslogo.
(Signaturesonnextpage)
83 INWITNESSWHEREOF,thePARTIESheretohaveexecutedthisAgreement.asofthe datefirstappearingabove.

By:

ErinRogers
CEO/GeneralManager
Omnitrans
Approvedastoform:

OmnitransLegalCounsel
Approvedastocontent:

SilviaAvalos
DirectorofCommunityServices?
Parks&Recreation
CityofChino
Approvedastoform:

LegalCounselofCityofChino
CityofChino:

Dr:LindaReich)CityManager
Attest:

NatalieGonzaga:CityClerk
84 EXHIBITA
ProiectNarrative
TheGetS.M.A.R.T.programoperatesMondaythroughFriday,6:30am.to2:00p.m.The programallowsseniorstheopportunityforsocialization,preservationoflheirphysicaland mentalhealth.andtomaintaintheirindependence.Thefollowingtransportationtripsempower seniorstostayconnectedtotheircommunityastheyageathome.
'ParticipateinSeniorCenterlunchprogram,healthandwellnessactivities,CaseManagement appointments.andsocialserviceslunchandlearnmeetingsbyprovidingtransportationtothe Center.
-Transportationtomedicalappointmentsincludingpharmacies.physicaltherapy,anddialysis. -Transportationtooffsitehealthandwellnessactivities.
°Transportationforgroceryshoppingandself—careservices.
°Transportationtovitalresourcesthatinclude,butarenotlimitedto.socialservices,postoffice, banks.andeducationalprogramsattheAdultSchool.

Bycontinuingtoprovidethistransportationprogram,theCityishelpingtheseniorstoremain healthy,active,andindependent.
10 85

EXHIBITB
ProiectBudqet
11 AgencyName:

OPERCAITINO?CE'z(i3ENSESPROPOSEDPROJECTBUDGETFORM
PtojectTitle: TheSeniorMobilityandReliabilityYranspomn'onProgram "
OmniTrans
EXPENSES “M‘m'
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(Exanple:driveis.My. my em)
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Jul‘24-Jun'5Jul‘2S-Jun‘26 TOTAL
5 47.913.m5 5L%,mS %.219.€0
5 I3m4£0S 14271.C0S Z7.&5.m
S mgim 5 1L4£.m5 22405.50
S 11455.mS 12w.mS 25.4%.W
s 7.371m5 aoed£0S 15.43am
S 15.019,mS 15,&1.CO$ w.640.m
You!Sal-xiessBet-Rem S l0&&5.mS H3.B71.CO3 [email protected]
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AVéi¢Rmted S 115mmS 125mmS 5.0SO.W
5Vsumngmcaxd S 20.15am5 20.1%.mS #1376m
C.CelwSavieesAloued S L5$.W$ l_W,m$ 3.13am
D.whesTéeca'nmnicat’ors 5 3.435.m3 3A35.m5 6.87am
EOwahgEw'pmemOEmeSupplies S @‘m $ 4mmS mam
F. S 25Qm5 25amS inm
TowNon-PmelEwases S 33A£wS 35.4ac05 75,844,w
AdmnmveWarhead(talculaedat5%) S 1mg S 7_W.€5S 14,957,50 YOTALPROJECTWENSES S 1mm§ S 1$.$1.§5 31l217$

REVENUES
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(Emu-pie:Gain!Fund.CD56.Donat'ors.GE)
AGm FM S $.504.C0S 3l.m9.C05 &443.w
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CalculafedMeasurelPort'on(noktoexceed8056) SO‘M w.00% 9.00% 86 MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

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

MANAGEMENT

SUBJECT
..titl e
Resolution amending the City's Classification and Compensation Schedule. ..end

RECOMMENDATION
Adopt Resolution No. 2024 -034 approving revisions to the City’s Classification and Compensation Schedule to comply with the City’s Personnel Rules, P.O.S.T, CalPERS, and existing approved positions.
..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

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. 87 CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: RESOLUTION AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION SCHEDULE.

PAGE: 2

BACKGROUND
On June 18, 2024, the City Council adopted Resolution 2024 -030, reflecting changes arising from a cost-of-living adjustment for all non-sworn employees.

ISSUES/ANALYSIS
An update to the City’s Classification and Compensation Schedule is needed which does not affect salaries or compensation. The changes incorporated are as follows:

 The Management Salary Schedule has been structured to show Base, Midpoint, and Maximum rates to assist supervisors and managers when setting salaries within the range.
 The classifications of Police Offi cer and Corporal have been added. These positions were not shown on the prior resolution.
 The P.O.S.T. Management Certificate was removed from the Sergeant salary range as it is not afforded to that rank.
 A Salary Schedule which include s all positions at t he hourly rate of pay has been created in compliance with CalPERS regulations.

If adopted, Resolution No. 2024 -034 will address an update to the City’s Classification and Compensation Schedule as noted at no cost to the City.

Attachment - Resolution No. 2024-034

88 RESOLUTION NO. 2024-034

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING THE CITY’S CLASSIFICATION AND SALARY SCHEDULE TO CONFORM WITH THE CITY’S PERSONNEL RULES, P.O.S.T., CALPERS, AND EXISTING APPROVED POSITIONS.

WHEREAS, California Government Code Section 20636 and California Code of Regulations Section 570.5 outline certain requirements pertaining to employee compensation and related information that must be available for public viewing; and

WHEREAS, on Ju ne 18, 2024 , the City Council adopted Resolution No. 2024-030 reflecting changes arising from a cost-of-living adjustment for all non-sworn employees; and

WHEREAS, minor revisions are needed to Resolution No. 2024-030 since adoption, none of which affect salaries or compensation; and

WHEREAS, the revisions will address the issues as noted at no cost to the City.

NOW, THEREFORE, BE IT RESOLVED:

SECTION 1: That the attached Classification and Compensation Schedule be adopted effective with the pay period that includes July 1 , 2024 and the updated salary ranges will apply to staff employed with the City on the day following the adoption of the Resolution.

SECTION 2: That this resolution supersedes Resolution No. 2024- 030, which adopted the City’s Classification and Compensation Schedule.

APPROVED AND ADOPTED THIS 16th day of July, 2024.

________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:

_____________________________

NATALIE GONZAGA, CITY CLERK

89 Resolution No. 2024-034

Page 2 of 15 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 that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 16th day of July, 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachment 1: Salary Schedule by Position, Non-Management Positions Attachment 2: Salary Schedule by Position, Management Positions Attachment 3: Salary Schedule by Position, Hourly Rates

90 Resolution No. 2024-034

Page 3 of 15 ends

ATTACHMENT 1

THE CITY OF
CHINO
Salary Schedule by Position
Non-Management Positions
J:,dL
Position
Accessibility Specialist
Accountant
Accounting Technician
Administrative Assistant
Aging Services Coordinator
Assistant Homeless Outreach Coordinator
Assistant Planner
Background Investigator
Billing Supervisor
Broadcast Associate
Broadcast Coordinator
Building Inspector
Case Manager I
Case Manager II
City Clerk Records Technician
Clerical Aide
Code Compliance Inspector I
Code Compliance Inspector II
Code Compliance Technician
Community Services, Parks & Recreation Boxing Trainer
Community Services, Parks & Recreation Coordinator
Community Services, Parks & Recreation Leader
Community Services, Parks & Recreation Shuttle Driver
Community Services, Parks & Recreation Specialist
Corporal
(CPOA)
Counselor I
Counselor 11
Counselor 111
Crime Analyst
Crime Prevention and Community Outreach Specialist
Cross Connection Specialist
Customer Service Representative I
Customer Service Representative 11

07.08.2024MS
REV
Tim.c r:-... ,,;,, .... I ...... ♦ ~At"lr thl" R~too
Bargaining Unit A
Teamsters $6,420
Teamsters $6,581
Teamsters $5,269
Confidential $5,269
Teamsters $6,264
Teamsters $8,635
Teamsters $6,745
CPPEA $6,420
Teamsters $7,446
Teamsters $4,219
Teamsters $5,962
Teamsters $6,581
Teamsters $5,141
Teamsters $5,675
Confidential $5,401
Teamsters $3,918
Teamsters $5,962
Teamsters $6,581
Teamsters $5,675
Teamsters $5,016
Teamsters $6,264
Teamsters $3,918
Teamsters $5,016
Teamsters $4,774
Base $8,278
Int. P.O.S. T. (6%) $8,775
Adv. P.O.S.T (12%) $9,271
Teamsters $5,016
Teamsters $5,962
Teamsters $9,769
CPPEA $6,745
CPPEA $5,675
AFSCME $5,962
Teamsters $3,918
Teamsters $4,325
City of Chino Salary Schedule
B
$6,741
$6,910
$5,533
$5,533
$6,577
$9,066
$7,083
$6,741
$7,818
$4,430
$6,260
$6,910
$5,398
$5,958
$5,671
$4,114
$6,260
$6,910
$5,958
$5,266
$6,577
$4,114
$5,266
$5,013
$8,691
$9,212
$9,734
$5,266
$6,260
$10,258
$7,083
$5,958
$6,260
$4,114
$4,541
Effective
July 1, 2024
Council Approval July 16, 2024
C D E
$7,078 $7,432 $7,804
$7,255 $7,618 $7,999
$5,810 $6,100 $6,405
$5,810 $6,100 $6,405
$6,906 $7,251 $7,614
$9,520 $9,996 $10,495
$7,437 $7,809 $8,199
$7,078 $7,432 $7,804
$8,209 $8,619 $9,050
$4,652 $4,884 $5,129
$6,573 $6,902 $7,247
$7,255 $7,618 $7,999
$5,668 $5,951 $6,249
$6,256 $6,569 $6,898
$5,955 $6,253 $6,565
$4,320 $4,536 $4,763
$6,573 $6,902 $7,247
$7,255 $7,618 $7,999
$6,256 $6,569 $6,898
$5,530 $5,806 $6,096
$6,906 $7,251 $7,614
$4,320 $4,536 $4,763
$5,530 $5,806 $6,096
$5,263 $5,526 $5,803
$9,127 $9,585 $10,063
$9,675 $10,160 $10,667
$10,222 $10,735 $11,271
$5,530 $5,806 $6,096
$6,573 $6,902 $7,247
$1 0,771 $11,309 $11,875
$7,437 $7,809 $8,199
$6,256 $6,569 $6,898
$6,573 $6,902 $7,247
$4,320 $4,536 $4,763
$4,768 $5,007 $5,257
Last Approved: 06.18.2024
91 Resolution No. 2024-034

Page 4 of 15 ends

THE CITY OF
CHINO
Position
Deputy City Clerk
Engineering Aide
Engineering Technician
Environmental Compliance Technician
Equipment Lead Mechanic
Equipment Mechanic
Equipment Mechanic Aide
Equipment Mechanic Trainee
Executive Assistant
Executive Assistant to the City Council
Executive Secretary
Facilities Maintenance Superviso r
Facilities Maintenance Technician
Facilities Worker
Grounds Maintenance Lead Worker
Grounds Maintenance Worker
Group Facilitator
Homeless Outreach Coordinator
Household Hazardous Waste Lead Worker
Household Hazardous Waste Worker
Housing Technician
Human Resources Specialist I
Human Resources Specialist II
Information Technology Specialist I
Information Technology Specialist II
Maintenance Coordinator
Maintenance Worker Trainee
Management Aide
Management Assistant
Management Intern
Payroll Clerk
Payroll Technic ian
Permit Technician
Planning Technician
Plans Examiner

07.08.2024MS
REV
Salary Schedule by Position
Non-Management Positions
C,,11_ Ti ...... ,,,, r- _ • •- "M thh o~,M
Bargaining Unit A
Confidential $7,632
Teamsters $4,544
Teamsters $5,962
Teamsters $5,962
AFSCME $6,111
AFSCME $5,269
AFSCME $3,918
AFSCME $4,774
Confidential $5,816
Confidential $5,675
Confidential $5,816
AFSCME $7,446
AFSCME $4,774
AFSCME $4,016
AFSCME $5,269
AFSCME $4,544
Teamsters $5,962
Teamsters $9,299
Teamsters $9,533
Teamsters $8,667
Teamsters $5,675
Confidentia l $5,536
Confidentia l $6, 111
Confidentia l $5,40 1
Confidential $5,962
AFSCME $5,401
AFSCME $3,918
Teamste rs $5,816
Confidential $7,087
Confidential $4,1 16
Confidential $4,657
Confidential $5,816
Teamste rs $5,675
Teamsters $5,675
Teamsters $7,446
City of Chino Salary Schedule
B
$8,013
$4,771
$6,260
$6,260
$6,417
$5,533
$4,114
$5,013
$6,107
$5,958
$6,107
$7,818
$5,013
$4,217
$5,533
$4,771
$6,260
$9,763
-
-
$5,958
$5,813
$6,417
$5,671
$6,260
$5,671
$4,1 14
$6,107
$7,441
$4,322
$4,890
$6,107
$5,958
$5,958
$7,818
Effective July 1, 2024
Council Approval July 16, 2024
C D E
$8,414 $8,835 $9,276
$5,0 10 $5,260 $5,523
$6,573 $6,902 $7,247
$6,573 $6,902 $7,247
$6,737 $7,074 $7,428
$5,810 $6,100 $6,405
$4,320 $4,536 $4,763
$5,263 $5,526 $5,803
$6,413 $6,733 $7,070
$6,256 $6,569 $6,898
$6 ,413 $6,733 $7,070
$8,209 $8,619 $9,050
$5,263 $5,526 $5,803
$4 ,428 $4,649 $4,882
$5,810 $6,100 $6,405
$5,010 $5,260 $5,523
$6,573 $6,902 $7,247
$10,252 $10,764 $11,302
- - -
- -
$6,256 $6,569 $6,898
$6,104 $6,409 $6,729
$6,737 $7,074 $7,428
$5,955 $6,253 $6,565
$6,573 $6,902 $7,247
$5,955 $6,253 $6,565
$4 ,320 $4,536 $4,763
$6,413 $6,733 $7,070
$7,813 $8,204 $8,614
$4,538 $4,765 $5,004
$5,135 $5,392 $5,661
$6,4 13 $6,733 $7,070
$6,256 $6,569 $6,898
$6,256 $6,569 $6,898
$8,209 $8,619 $9,050
Last Approved: 06.18.2024
92 Resolution No. 2024-034

Page 5 of 15 ends

THE CITY OF
CHINO
Position
Police Academy Trainee
Police Cadet
Police Officer
(CPOA)
Police Payroll Assistant
Police Records and Evidence Coordinator
Police Records Technician
Police Recruit
Police Services Officer I
Police Services Officer 11
Police Training Coordinator
Project Coordinator
Property and Evidence Technician
Public Safety Dispatcher I
Public Safety Dispatcher II
Public Works Inspector
Public Works Lead Inspector
Range Master
Recycled Water Coordinator
Reserve Police Officer
Reserve Police Officer - Special Detail
Secretary
Secretary to the City Council
Senior Accountant
Senior Building Inspector
Senior Code Compliance Officer
Senior Customer Service Representative
Senior Permit Technician
Special Projects Adm inistrator
Storekeeper
Storekeeper Aide
Streets Maintenance Lead Worker
Streets Maintenance Worker
Student Intern

07.08.2024MS
REV
Salary Schedule by Position
Non-Management Positions
C,,11_ Ti ...... ,,,, r- _ • •- "M thh o~,M
Bargaining Unit A
Teamsters $5,8 16
Teamsters $3,918
Base $7,698
Int. P.O.S.T. (6%) $8,160
Adv. P.O.S. T. (12%) $8,622
CPPEA $4,433
CPPEA $5,14 1
CPPEA $4,544
Teamsters $5,816
CPPEA $4,657
CPPEA $5,40 1
CPPEA $4,544
Teamsters $7,823
CPPEA $4,657
CPPEA $5,141
CPPEA $5,675
Teamsters $6,58 1
Teamsters $7,632
Teamsters $7,823
AFSCME $5,816
CPOA $3,373
CPOA $7,056
Teamsters $4,433
Confidential $5,675
Teamsters $7,087
Teamsters $7,446
Teamste rs $7,446
Teamsters $4,774
Teamste rs $6,581
Confidentia l $4,507
Teamsters $4,325
Teamsters $3,918
AFSCME $5,269
AFSCME $4,544
Teamsters $3,9 18
City of Chino Salary Schedule
B
$6,107
$4,114
$8,083
$8,568
$9,053
$4,655
$5,398
$4,771
$6,107
$4,890
$5,671
$4,771
$8,214
$4,890
$5,398
$5,958
$6,910
$8,013
$8,2 14
$6,107
$3,545
$7,410
$4,655
$5,958
$7,441
$7,8 18
$7,8 18
$5,013
$6,9 10
-
$4,541
$4,114
$5,533
$4,77 1
$4,114
Effective July 1, 2024
Council Approval July 16, 2024
C D E
$6,4 13 $6,733 $7,070
$4,320 $4,536 $4,763
$8,487 $8,912 $9,356
$8,996 $9,447 $9,917
$9,505 $9,981 $10,479
$4,887 $5,132 $5,388
$5,668 $5,951 $6,249
$5,010 $5,260 $5,523
$6,413 $6,733 $7,070
$5,135 $5,392 $5,661
$5,955 $6,253 $6,565
$5,010 $5,260 $5,523
$8,624 $9,056 $9,508
$5,135 $5,392 $5,661
$5,668 $5,951 $6,249
$6,256 $6,569 $6,898
$7,255 $7,618 $7,999
$8,414 $8,835 $9,276
$8,62 4 $9,056 $9,508
$6,413 $6,733 $7,070
$3,725 $3,914 $4,110
$7,781 $8, 167 $8,577
$4,887 $5,132 $5,388
$6,256 $6,569 $6,898
$7,813 $8,20 4 $8,614
$8,209 $8,6 19 $9,050
$8,209 $8,619 $9,050
$5,263 $5,526 $5,803
$7,255 $7,618 $7,999
- - $27,040
$4,768 $5,007 $5,257
$4,3 20 $4,536 $4,763
$5,8 10 $6,100 $6,405
$5,0 10 $5,260 $5,523
$4,320 $4,536 $4,763
Last Approved: 06.18.2024
93 Resolution No. 2024-034

Page 6 of 15 ends

THE CITY OF
CHINO
Position
Wastewater Maintenance Lead Worker
Wastewater Maintenance Worker
Water Distribution Lead Operator
Water Distribution Operator
Water Meter Lead Technician
Water Meter Technician
Water Quality Technician
Water Treatment Lead Operator
Water Treatment Operator

07.08.2024MS
REV
Salary Schedule by Position
Non-Management Positions
C,,11_ Ti ...... ,,,, r- _ • • - "M thh o~,M
Bargaining Unit A
AFSCME $5,269
AFSCME $4,544
AFSCME $5,962
AFSCME $5,141
AFSCME $5,536
AFSCME $4,774
AFSCME $5,816
AFSCME $6,745
AFSCME $5,816
City of Chino Salary Schedule
B
$5,533
$4,771
$6,260
$5,398
$5,813
$5,013
$6,107
$7,083
$6,107
Effective July 1, 2024
Council Approval July 16, 2024
C D E
$5,810 $6,100 $6,405
$5,010 $5,260 $5,523
$6,573 $6,902 $7,247
$5,668 $5,951 $6,249
$6,104 $6,409 $6,729
$5,263 $5,526 $5,803
$6,413 $6,733 $7,070
$7,437 $7,809 $8,199
$6,413 $6,733 $7,070
Last Approved: 06.18.2024
94 Resolution No. 2024-034

Page 7 of 15 ends

ATTACHMENT 2

QcM1No
Position
Access ibility Coordinator
Administrative Services Manager
Assistant Budget Manager
Assistant City Manager (35%)
Assistant C ity Engineer
Assistant Civil Engineer
Assistant Engineer
Assistant Parks and Facilities Manager
Assistant Public Works Services Manager
Assistant to the City Manager
Assoc iate Civil Engineer
Associate Engineer
Associate Planner
Billing Manager
Budget Manager
Building and Code Compliance Manager
Building Official
Capital I mprovement Projects Engineering Manager
Capta in (20%)
Unrepresented Sworn Management
Chief of Police (35%)
Unrepresented Sworn Managem ent
City Clerk
City Council
City Manager
City Planner
City Traffic Engineer
City Treasu rer
Civil Engineering Manager
Clinica l Program Manager
Comm unications Manag er
Comm unity Services , Parks & Recreation Manager
Communit y Services , Parks & Recreation Supervisor
Construction Project Coordinator
Contracts and DIF Administrator
Council Liaison

07.08 .2024MS
REV
Salary Schedule by Position
Management Positions
Full-Time Equivalent Monthly Rates
Unit
Unrepresented Management
Unrepresented Management
Unrepresented Management
Executive Managemen t
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Managemen t
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Base
Int. P. 0. S. T. (6%)
Adv. P.O.S. T. (12%)
Adv. & Mgt. P.O.S. T (21%)
Base
Adv. P.0.S . T. (12%)
Adv. & Mgt. P.O.S. T. (21%)
Exec. P.O.S. T (22%)
Unrepresented Management
Elected Official
Executive Management
Unrepresented Management
Unreprese nted Managem ent
Unrepresented Management
Unreprese nted Management
Unrepresented Management
Unrepresented Management
Unrepresen ted Management
Unrepresen ted Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
City or Chino Salary Schedule
Base
$7,083
$7,441
$7,818
$15,55 1
$10,777
$7,627
$7,260
$9,293
$8,014
$8,419
$8,846
$8,419
$7,083
$7,818
$8,630
$10,777
$9,526
$10,777
$14,220
$15,073
$15,926
$17,206
$16,590
$18,58 1
$20,074
$20,240
$9,764
$1,28 1
$25,229
$10,777
$12,
194
$500
$9,764
$10,777
$9,764
$10 ,258
$7,260
$6,910
$8,419
$7,083
Effective July 1, 2024
Council Approval July 16, 2024
Midpoint Maximum
$8,145 $9,367
$8,558 $9,841
$8,991 $10,339
$18,272 $21,470
$12,394 $14,253
$8,772 $10,087
$8,349 $9,601
$10,687 $12,290
$9,216 $10,598
$9,682 $11,135
$10,172 $11,698
$9,682 $11,135
$8,145 $9,367
$8,991 $10,339
$9,924 $11,413
$12,394 $14,253
$10,954 $12,598
$12,394 $14,253
$15,642 $17,063
$16,581 $18,087
$17,519 $19 ,111
$18,927 $20,646
$19,493 $22 ,398
$21,832 $25 ,086
$23,587 $27,102
$23,782 $27,326
$11,228 $12,913
$12,394 $14,253
$14,023 $16,126
$11,228 $12,913
$12,394 $14,253
$11,228 $12,913
$11,797 $13,566
$8,349 $9,601
$7,947 $9,139
$9,682 $11,135
$8,145 $9,367
Last Approved : 06.18.2024
95 Resolution No. 2024-034

Page 8 of 15 ends

QcM1No
Position
Crime Preve ntion and Commun ity Outreach Superv isor
Deputy Chiel of Police (20%)
Unrepresent ed Sworn Manag ement
Deputy City Manager
Deputy Director of Commu nity Services, Parks & Recreation Deputy Director of Development Services
Deputy Director of Finance
Deputy Director of Human Resources/R isk Management
Deputy Director of Public Works/City Engineer
Deputy Director of Public Works/Services
Director of Community Services, Parks & Recreation (35%) Director of Development Services (35%)
Director of Finance (35%)
Director of Human Resources/Risk Management (35%)
Director of Public Works (35%)
Economic Developm ent Manager
Emergency Services Coordinator
Environmental Comp liance Coordinator
Environmental Services Administrator
Equipment Mechanic Supervisor
Facility Coordinator
Fiscal Services Manage r
Grounds Supervisor
Housing Manager
Human Resources and Risk Analyst
Information Technology Analyst
Information Tec hnology Manager
Information Technology Supervisor
Lieutenant (20%)
CPMA
Management Analyst
Mayor
Multimedia Officer
Parks and Fa cilities Manager
Payroll Supervisor

07.08.2024MS
REV
Salary Schedule by Position
Management Positions
Full-Time Equivalent Monthly Rates
Unit
Unrepresented Manage ment
Base
Int. P.0 .S. T. (6%)
Adv. P.0.S . T. (12%)
Adv. & Mgt. P.0.S. T. (21%)
Unrepresented Mana gement
Unrepresented Management
Unrepresented Managem ent
Unrepresented Management
Unrepresented Manageme nt
Unrepresented Management
Unrepresented Management
Executive Managem ent
Executive Management
Executive Manageme nt
Executive Management
Executive Manageme nt
Unreprese nted Mana gement
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresen ted Manageme nt
Unrepresented Management
Unrepresented Manageme nt
Unrepresented Management
Unrepresented Management
Unrepresented Manageme nt
Unrepresented Manageme nt
Base
Int P O ST (6%)
Adv. P.O.S. T (12%)
Adv. & Spv. P.0 .S. T. (18%)
Adv. & Mgt. PO.S T. (21%)
Unrepresen ted Management
Elected Official
Unrepresented Management
Unrepresented Management
Unrepresented Management
City of Chino Salary Sct1edule
Base
$7,083
$14,930
$15,826
$16,722
$18,065
$12,194
$12,194
$12,194
$12, 194
$12,194
$12,194
$12,194
$14,440
$14,440
$14,440
$14,440
$14,440
$8,630
$7,083
$7,260
$8,214
$6,742
$8,014
$8,014
$6,417
$7,818
$7,083
$6,910
$10,777
$8,214
$12,204
$12,936
$13,668
$14,40 1
$14,767
$7,083
$1,534
$7,083
$10,25 8
$6,742
Effective July 1, 2024
Council Approval July 16, 2024
Midpoint Maximum
$8,145 $9,367
$16,423 $17,917
$17,408 $18,992
$18,394 $20,067
$19,872 $21,680
$14,023 $16 ,126
$14,023 $16 ,126
$14,023 $16 ,126
$14,023 $16,126
$14,023 $16,126
$14,023 $16,126
$14,023 $16 ,126
$16,967 $19,937
$16 ,967 $19,937
$16,967 $19,937
$16,967 $19,937
$16 ,967 $19,937
$9,924 $1 1,413
$8,145 $9,367
$8,349 $9,601
$9,446 $10,863
$7,753 $8,9 16
$9,216 $10,598
$9,216 $10,598
$7,379 $8,486
$8,991 $10,339
$8, 145 $9,367
$7,947 $9,139
$12,394 $14,253
$9,446 $10,863
$13,424 $14,646
$14,230 $15,525
$15,035 $16,404
$15,841 $17,282
$16,244 $17,7 22
$8,145 $9,367
$8,145 $9,367
$11 ,797 $13,566
$7,753 $8,9 16
Last Approved : 06.18.2024
96 Resolution No. 2024-034

Page 9 of 15 ends

Position
Permit and Inspection Supervisor
Police Records and Evidence Supervisor
Police Technical Services Manager
Principal Engineer
Principal Planner
Projects Manager
Public Information Officer
Public Safety Dispatch Supervisor
Public Works Project Manager
Public Works Services Manager
Public Works Supervisor
Purchasing Manager
Risk Manager
Senior Engineer
Senior Human Resources and Risk Analyst
Senior Information Technology Analyst
Senior Management Analyst
Senior Planner
Sergeant (20%)
CPMA
Sewer and Storm Drain Supervisor
Strategic Initiatives Manager
Streets Supervisor
Supervising Building Inspector
Supervising Code Compliance Inspector
Supervising Plans Examiner
Transportation Manager
Utilities Engineering and Operations Manager
Water and Environmental Manager
Water Utilities Superintendent
Water Utilities Supervisor

07.08.2024MS
REV
Salary Schedule by Position
Management Positions
Full-Time Equivalent Monthly Rates
Unit
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Manageme nt
Unrepresented Management
Unrepresented Manageme nt
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Manageme nt
Unrepresented Management
Unrepresented Management
Base
Int. P. 0 . S. T. (6%)
Adv. P.O.S.T (12%)
Adv. & Spv. P.0.S. T. (18%)
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
City of Chino Salary Sct1edule
Base
$8,014
$5,671
$10,258
$9,526
$9,293
$8,214
$8,630
$6,577
$8,846
$10,777
$6,742
$7,818
$7,818
$9,067
$7,818
$7,627
$7,818
$8,014
$10,168
$10,778
$11,388
$11,998
$6,742
$10,258
$6,742
$8,014
$8,014
$8,014
$10,777
$10,258
$9,293
$9,067
$7,083
Effective July 1, 2024
Council Approval July 16, 2024
Midpoint Maximum
$9,216 $10,598
$6,522 $7,500
$11,797 $13,566
$10,954 $12,598
$10,687 $12,290
$9,446 $10,863
$9,924 $1 1,413
$7,564 $8,698
$10,172 $11,698
$12,394 $14,253
$7,753 $8,916
$8,991 $10,339
$8,991 $10,339
$10,427 $11,991
$8,991 $10,339
$8,772 $10,087
$8,991 $10,339
$9,216 $10,598
$11,185 $12,201
$11,856 $12,933
$12,527 $13,665
$13,198 $14,397
$7,753 $8,916
$11,797 $13,566
$7,753 $8,916
$9,216 $10,598
$9,216 $10,598
$9,216 $10,598
$12,394 $14,253
$1 1,797 $13,566
$10,687 $12,290
$10,427 $11,991
$8,145 $9,367
Last Approved : 06.18.2024
97 Resolution No. 2024-034

Page 10 of 15 ends

ATTACHMENT 3

QcH1No
PosHl on
Accessibility Coordinator
Accessibi lity Spec ialist
Accountant
Accounti ng Technician
Administrat ive Assistant
Administrative Services Manager
Aging Services Coordinator
Assistant Budget Manager
Assistant City Engineer
Assistant City Manager (35%)
Assis tant Civil Engineer
Assistant Enginee r
Assistant Homeless Outreach Coordinato r
Assistant Parks and Facilities Manager
Assistant Planner
Assistant Public Works Services Manager
Assistant to the City Manage r
Associate Civil Engineer
Associate Engineer
Associate Planner
Background Investigator
Billing Manager
Billing Supervisor
Broadcast Assoc iate
Broadcast Coordinator
Budget Manager
Building and Code Compliance Manager
Building Inspector
Building Official
Capital Improvement Projects Engineering Manager
Captain (20%)
Unrepresented Sworn Management
Case Manager I
Case Manager II
Chief of Police (35%)
Unrepresented Sworn Management

07.08.2024MS
REV
Salary Schedule by Position
Hourly Rates
Unit A
Base
Unrepresented Management S40.86
Teamsters S37.04
Teamsters $37.97
Teamsters S30.40
Confidential S30.40
Unrepresented Management $42 .93
Teams ters S36.14
Unrepresen ted Manageme nt S45.10
Unrepresented Management $62.18
Executive Management S89.72
Unrep resented Manageme nt $4400
Unrepresented Management S41.88
Teamsters S49.82
Unrepresented Management $53.62
Teamsters S38.92
Unrepresented Management $46.23
Unrepresented Management $48.57
Unrepresented Management $51 .03
Unrepresented Management S48.57
Unrepresented Management S40.86
CPPEA S37.04
Unrepresented Management S45.10
Teamst ers S42.96
Teamsters S24.34
Teamsters S34.40
Unrepresented Management S49.79
Unrepresented Management $62 .18
Teamsters S37.97
Unrepresented Management S54.96
Unrepresented Management $62 .18
Base $82.04
Int_ P_Q_S_ T_ (6%) $86.96
Adv. P.O.$. T. (12%) $91.88
Adv. & Mg!. P.O.$ . T. (21%) $99.27
Teamst ers S29.66
Teamsters S32.74
Base $95.71
Adv. P.O.$. T. (12%) $107.20
Adv. & Mgl. P.O.S. T. (21%} $115.81
Exec _ P_O_S_ T. (22%) $116.77
City of Chino Salary Schedule
B
$38.89
$39.86
S31.92
S31.92
S37.94
S52.31
S40.86
S38.89
S45.10
S25.56
S36.12
S39.86
S31.14
S34.38
C D Midpoint
$46.99
S40.84 S42.88
S41.86 S43.95
S33.52 S35.19
S33.52 S35.19
$49.37
S39.84 S41.83
$51.87
S71.50
S105.42
S506 1
S48.17
$54.92 $57.67
$61.66
$42.90 $45.05
$53.17
$55.86
S58.69
$55.86
$46.99
S40.84 S42.88
$51 .87
S47.36 S49.73
S26.84 S28.18
S37.92 S39.82
S57.26
$71 .50
S41.86 S43.95
$63. 20
$71.50
S90.24
S95.66
$101.07
$109.19
S32.70 S34.33
S36.09 S37.90
$112.46
$125.96
$136.08
$137.20
Effective July 1, 2024
Council Approval July 16, 2024
E
Maximum
S54.04
S45.02
S46.15
S36.95
S36.95
$56.78
S43.92
S59.65
S82.23
S123.86
S5820
S55.39
S60.55
$70.91
S47.30
$61 .14
$64 .24
S67.49
$64.24
S54.04
S45.02
S59.65
S52.21
S29.59
$41.81
S65.84
$82 .23
S46.15
S72.68
$82 .23
$98.44
$104.35
$110.25
$1 19.11
S36.05
S39.79
$129.22
$144.73
$156.36
$157.65
Last Approved: 06.18.2024
98 Resolution No. 2024-034

Page 11 of 15 ends

QcH°1No
Posttion
City Clerk
City Clerk Records Technician
City Counc il (Flat Rate, Monthly)
City Manager (Flat Rate)
City Planner
City Traffic Engineer
City Treasure r (Flat Rate, Monthly)
Civil Enginee ring Manager
Clerical Aide
Clinica l Prog ram Manager
Code Compliance Inspecto r I
Code Compliance Inspector II
Code Compliance Technician
Commun ications Manager
Community Services, Parks & Recreation Boxing Trainer
Commun ity Services, Parks & Recreation Coordinator
Commun ity Services, Parks & Recreation Leader
Commun ity Services, Parks & Recreation Manager
Commun ity Services, Parks & Recreation Shuttle Driver
Community Services, Parks & Recreation Specialist
Community Services, Parks & Recreation Supervisor
Constructio n Project Coordinator
Contracts and DIF Admin istrator
Corporal
(CPOA)
Council Liaison
Counselor I
Counselor II
Counselo r Ill
Crime Analyst
Crime Prevention and Commun ity Outreach Specialist
Crime Prevention and Commun ity Outreach Supervisor
Cross Connection Specialis t
Customer Service Representat ive I
Customer Service Representat ive II
Deputy Chief of Police (20%)
Unroprc1;cntcd Sworn Mcmogomcnt
Deputy City Clerk

07.08.2024MS
REV
Salary Schedule by Position
Hourly Rates
Unit A
Base
Unrepresented Management S56.33
Confidential S31.16
Elected Official $1,281
Executive Management $145.55
Unrepresented Manageme nt $62.18
Unrepresented Manageme nt S70.35
Unrepresented Management $500
Unrepresented Management S56.33
Teamsters S22.60
Unrep resen ted Management $62.10
Teamste rs S34.40
Teamsters S37.97
Teamsters S32.74
Unrepresented Management $56.33
Teamsters $28.94
Teamsters S36.14
Teamsters $22.60
Unrepresented Management $59 .18
Teamsters $28.94
Teamsters $27.54
Unrepresented Management $41.88
Unrepresented Management $39.87
Unrepresented Managemen t S48.57
Base $47 76
Int. P.O.S. T. (6%) $50.63
Adv. P.O.S. T. (12%) $53.49
Unrepresented Management S40.86
Teamsters S28.94
Teamsters S34.40
Teamsters S56.36
CPPEA S38.92
CPPEA $32.74
Unrepresented Management $40.86
AFSCME S34.40
Teams ters S22.60
Teamsters S24.95
Base $86.13
Int. P.O.S. T. (6%) $91.30
Adv. P.0.S. T. (12%) $96.47
Adv. &Mgt. P.0S.T. (21%) $104.22
Confidentia l S44.03
City of Chino Salary Schedule
B C D Midpoint
S64.78
S32.72 S34.35 S36.07
S71.50
$80.90
$64.78
S23.73 S24.92 S26.17
$71.50
S36.12 S37.92 S39.82
S39.86 S41.86 S43.95
S34.38 $36.09 S37.90
$64.78
$30.38 S31.90 $33.50
$37.94 $39.84 $41 .83
S23.73 $24.92 $26.17
$68.06
$30.38 $31 .90 $33.50
S28.92 $30.36 $31.88
$48.17
$45.85
$55.86
$50 14 $52.66 $5530
$53.15 S55.82 $58.62
$56.16 $58.97 $61 .93
S46.99
$30.38 S31.90 S33.50
$36.12 $37.92 $39.82
$59.18 S62.14 S65.25
S40.86 S42.90 S45.05
$34.38 $36.09 $37.90
$46.99
S36.12 S37.92 S39.82
$23.73 S2492 $26.17
S26.20 S27.51 S28.88
$94.75
$100.43
$106.12
$114.65
S46.23 $48.54 S50.97
Effective July 1, 2024
Council Approval July 16, 2024
E
Maximum
S74.50
S37.88
S82.23
$93.04
$74.50
S27.48
$02.23
$41.81
S46.15
$39.79
$74 .50
$35.17
$43.92
$27.48
$78.27
$35.17
$33.48
$55.39
$52.72
$64.24
$5806
$61.54
$65.03
S54.04
S35.17
S41.81
S68.51
S47.30
$39.79
$54.04
S41.81
S27.48
$30.33
$103.37
$109.57
$115 .77
$125.07
S53.52
Last Approved: 06.18.2024
99 Resolution No. 2024-034

Page 12 of 15 ends

PosHlon
Deputy City Manager
Deputy Director of Commun ity Services , Parks & Recreation Deputy Director of Development Services
Deputy Director of Finance
Deputy Director of Human Resources/Risk Management
Deputy Director of Public Works/City Engineer
Deputy Director of Public Works/Serv ices
Director of Community Services, Parks & Recreation (35%) Director of Development Services (35%)
Director of Finance (35%)
Director of Human Resources/R isk Management (35%)
Director of Public Works (35%)
Economic Development Manager
Emergency Services Coordinator
Engineer ing Aide
Engineering Technician
Environmental Comp liance Coordinator
Environme ntal Compliance Technician
Environmental Services Administrator
Equipment Lead Mechanic
Equipment Mechan ic
Equipment Mechan ic Aide
Equipment Mechan ic Supervisor
Equipment Mechanic Trainee
Executive Assistant
Executive Assistant to the City Council
Executive Secretary
Facilit ies Maintenance Supervisor
Facilities Maintenance Technician
Facilit ies Worker
Facility Coordinator
Fiscal Services Manage r
Grounds Maintenance Lead Worke r
Grounds Maintenance Worker
Grounds Supervisor
Group Facil itator
Homeless Outreach Coordinator
Household Hazardous Waste Lead Worker
Household Hazardous Waste Worker
Housing Manager

07.08.2024 MS
REV
Salary Schedule by Position
Hourly Rates
Unit A
Base
Unrepresented Management $70.35
Unrepresented ManaQement $70 .35
Unrepresented Management $70.35
Unrepresented Management $70.35
Unrepresented Management $70 .35
Unrepresented Management $70 .35
Unrepresented Management $70.35
Executive Management $83.31
Executive Management 583.3 1
Executive Management 583.3 1
Executive Management $8331
Executive Management 583.3 1
Unrepresented Management 549.79
Unrepresented Manageme nt $40.86
Teamsters S26.21
Teamsters S34.40
Unrepresented Management $41 .88
Teamsters 534.40
Unrepresented Management S47.39
AFSCME S35.26
AFSCME S30.40
AFSCME S22.60
Unrepresented Management $38.89
AFSCME $27.54
Confidentia l S33.56
Confidential S32.74
Confidentia l $33.56
AFSCME $42.96
AFSCME S27.54
AFSCME $23.17
Unrepresented Management $46.23
Unrepresented Manageme nt S46.23
AFSCME S30.40
AFSCME S26.21
Unrepresented Management S37.02
Teamsters S34.40
Teamsters S53.65
Teamsters S55.00
Teamsters S50.00
Unrepresented Management $45. 10
City of Chino Salary Schedule
B
S27.53
S36.12
S36.12
S37.02
S31.92
$23.73
$28.92
S35.23
$34.38
S35.23
$45.10
S28.92
S24.33
S31.92
S27.53
$36. 12
S56.33
C D Midpo int
$80.90
$80.90
$80.90
$80.90
$80.90
$80.90
$80.90
$97.89
$97.89
597.89
$97 89
597.89
$57.26
$46.99
S28.90 S30.35
537.92 S39.82
$48.17
537.92 539.82
$54.50
S38.87 S40.81
S33.52 S35.19
$24.92 $26.17
$44.73
$30.36 $31.88
S37.00 S38.85
$36.09 S37.90
$37.00 $38.85
$47.36 $49.73
$30.36 S31.88
S25.54 S26.82
$53.17
S53.17
S33.52 $35.19
S28.90 $30.35
$42.57
S37.92 S39.82
S59.14 S62.10
S51.87
Effectiv e July 1, 2024
Council Approval July 16, 2024
E
Maximum
$93.04
$93 .04
$93 .04
$93.04
$93 .04
$93 .04
$93.04
$115 .02
5115 .02
5115.02
$11502
5115.02
565.84
$54 .04
S31.86
S41.81
$55.39
541.81
$62.67
S42.85
S36.95
S27.48
$51.44
$33.48
$40.79
$39.79
$40.7 9
$52.21
S33.48
S28.16
$61.14
S61.14
S36.95
S31.86
S48.96
S41.8 1
S65.21
S59.65
Last Approved: 06.18.2024
100

Resolution No. 2024-034

Page 13 of 15 ends

QcM1No
PosHl on
Housing Technici an
Huma n Resour ces and Risk Analy st
Huma n Resour ces Specialist I
Human Resources Specialist II
Information Techno logy Analyst
Informati on Technology Manager
Informat ion Technology Specia list I
Inform ation Technology Special ist II
Informat ion Techno logy Superv isor
Lieutenant (20%)
CPMA
Maintenance Coordinator
Maintenance Worker Trainee
Managem ent Aide
Management Ana lyst
Management Assistant
Management Intern
Mayor (Flat Rate, Monthly)
Multimed ia Officer
Park s and Faciliti es Manager
Payro ll Clerk
Payroll Superv isor
Payro ll Technician
Permit and Inspection Supervisor
Permit Tech nician
Planning Techn ician
Plans Exam iner
r olice Academ y Trainee
Police Cade t
Police Payroll Assistan t
Police Officer
(CPOA)
Police Records and Evidence Coordinator
Police Records and Evidence Supervisor
Police Records Techn ician
Police Recruit
Police Services Officer I

07.08.2024MS
REV
Salary Schedule by Position
Hourl y Rates
Unit A
Base
Teamste rs S32.74
Unrepresen ted Manaqeme nt S40.86
Confidential S31.94
Confidential S35.26
Unrepresented Management S39.87
Unreprese nted Management $62 .18
Confidential S31.16
Confidential S34.40
Unrepresen ted Management $47.39
Base $70.41
Int. P.O.S . T. (6%) $74.63
Adv. P.O.S. T. (12%) $78.86
Adv. & Spv. P.O.S. T. (18%) $83.08
Adv. & Mgl. P OS. T. (21%) $85.19
AFSCME S31.16
AFSCME S22.60
Teamsters S33.56
Unrepresen ted Management $40.86
Confidential S40.89
Confidential $23.75
Elected Official $1,534
Unrepresented Management S40.86
Unrepresen ted Management $59.18
Confidential $26.87
Unrep resented Management $38.89
Confidential S33.56
Unrepresen ted Manageme nt $46.23
Teamsters $32.74
Teamster s S32.74
Teams ters $42.96
Tea msters S33.56
Teamsters $22.60
CPPEA S25.58
Base $44.41
Int. P.O.S. T. (6%) $47.08
Adv. P.O.S. T. (12%) $49.74
CPPEA $29.66
Unrepresented Management $32 .72
CPPEA S26.2 1
Teams ters $33.56
CPPEA S26.87
City of Chino Salary Schedu le
B
S34.38
S33.54
S37.02
S32.72
S36.1 2
S32.72
S23.73
S35.23
S42.93
S24.94
S28.21
S35.23
S34.38
S34.38
$45.10
S35.23
S23.73
$26.85
$46.63
$49.43
$52.23
$311 4
S27.53
$35.23
S28.21
C D Midpoint
S36.09 S37.90
$46.99
S35.21 S36.97
S38.87 S40.81
$45.85
$71.50
S34.35 S36.07
$37.9 2 S39.82
$54.50
$77.45
$82.10
$86.74
$91.39
$93.71
S34.35 S36.07
$24.92 S26.17
S37.00 S38.85
$46.99
S45.08 S47.33
S26.18 S27.49
S46.99
$68.06
$29.62 $31 .11
$44.73
S37.00 S38.85
$53.17
S36.09 S37.90
S36.09 S37.90
$47.36 $49.73
S37.00 $38.85
S24.92 S26.17
S28.20 S29 .61
$48.96 $51.42
$51.90 $54.50
$54.84 $57.58
$32.70 S3433
$37.63
$28.90 $30.35
$37.00 $38.85
S29.62 S31.11
Effective July 1, 2024
Council Approval July 16, 2024
E
Maximum
S39.79
$54.04
S38.82
S42.85
S52.72
$82 .23
S37.88
$41. 81
$62 .67
$84.50
$89.57
$94.64
$99.71
$102.24
S37.88
S27.48
S40.79
S54.04
S49.70
S28.87
S54.04
$78.27
S32.66
S51.44
S40.79
$61 .14
S39.79
S39.79
S52.21
S40.79
S27.48
S31.09
$53.98
$57.21
$60.46
$36.05
$43.27
S31.86
S40.79
S32.66
Last Approved: 06.18.2024
101

Resolution No. 2024-034

Page 14 of 15 ends

PosHlon
Police Services Officer II
Police Technica l Services Manaqer
Police Train ing Coordinator
Principal Engineer
Principa l Planner
Project Coordinator
Projects Manager
Property and Evidence Technician
Public Information Officer
Public Safety Dispatch Superv isor
Public Safety Dispatcher I
Public Safety Dispatche r II
Public Works Inspector
Public Works Lead Inspector
Public Works Project Manager
Public Works Services Manager
Public Works Supervisor
Purchasing Manager
Range Master
Recycled Water Coordinator
Reserve Po!ice Officer
Reserve Po!ice Officer - Special Detail
Risk Manager
Secretary
Secretary to the City Council
Senior Accountant
Senior Build ing Inspector
Senior Code Comp liance Officer
Senior Customer Service Representative
Senior Engineer
Senior Human Resources and Risk Analyst
Senior Informat ion Techn ology Analyst
Senior Management Analyst
Senior Permit Technician
Senior Planner
Sergeant (20%)
CPMA
Sewer and Storm Drain Supervisor
Special Projects Administrator

07.08.20 24MS
REV
Salary Schedule by Position
Hourly Rates
Unit A
Base
CPPEA S31.16
Unrepresented Manaqement $59.18
CPPEA S26.21
Unrepresented Manageme nt S54.96
Unrepresented Management $53.62
Teamsters S45.13
Unrepresented Management S47.39
CPPEA S26.87
Unrepresented Management S49.79
Unrepresented Management $37.94
CPPEA S29 66
CPPEA S32.74
Teamsters $37.97
Teamste rs $44.03
Unrepresented Management S51.03
Unrepresented Management S62.18
Unrepresented Manageme nt S38.89
Unrepresented Management $45.10
Teamsters $45. 13
AFSCME S33.56
CPOA $19.46
CPOA $40.7 1
Unrepresented Management $45.10
Confident ial S25.58
Confidential $32.74
Teamsters S40.89
Teamst ers S42.96
Teamsters S42.96
Teamsters $27.54
Unrepresented Management S52.31
Unrepresented Management $45.10
Unrepresented Management $44.00
Unrepresented Manageme nt $45.10
Teamsters S37.97
Unreprese nted Managemen t $46.23
Base $58.66
Int. P.O.$. T. (6%) $62.18
Adv. P.O.S. T. (12%) $65.70
Adv. & Spv. P.O.S. T. {18%) $69.22
Unrepresented Management $38.89
Confidential S26.00
City of Chino Salary Schedule
B
S32.72
S27.53
S47.39
$28.21
$31.14
S34.38
S39.86
S46.23
S47.39
S35.23
S20.45
$42.75
S26.85
S34.38
S42.93
S45.10
$45.10
S28.92
$39.86
C D Midpoint
S34.35 S36.07
$68.06
S28.90 $30. 35
S63.20
S61.66
S49.76 S52.24
$54.50
$29.62
$31.11
S57.26
$43.64
S32.70 $34.33
S36.09 S37.90
S41.86 $43.95
S48.54 S50.97
$58.69
$71.50
$44.73
$51.87
$49.76 S52.24
S37.00 S38.85
S21.49 S22.58
$44.89 S47.12
S51.87
S28.20 S29.61
$36.09 $37.90
S45.08 S47.33
S47.36 S49.73
S47.36 $49.73
S30.36 S31.88
$60.15
$51.87
$50.6 1
$51 .87
S41.86 $ 43.95
S53.17
$64.53
$68.40
$72.27
S76.14
$44.73
Effective July 1, 2024
Council Approval July 16, 2024
E
Maximum
S37.88
$78.27
S31.86
S72.68
$70.91
S54.86
S62.67
S32.66
S65.84
$50.18
S360 5
S39.79
S46.15
S53.52
S67.49
S82.23
S51.44
$59.65
$54.86
S40.79
S23.71
$49.48
$59.6 5
S31.09
$39.79
S49.70
S52.21
S52.21
S33.48
S69.18
$59.65
S58.20
$59.65
S46.15
S61.14
$70.39
$74.61
$78.84
$83.06
$51 .44
S156.00
Last Approved: 06.18.2024
102

Resolution No. 2024-034

Page 15 of 15 ends

QcH°1No
PosHlon
Storeke eper
Storekeeper Aide
Strategic Initiatives Manager
Streets Maintenance Lead Worker
Streets Maintenance Worker
Streets Supervisor
Student Intern
Supervis ing Bu ilding Inspecto r
Supervising Code Complianc e Inspector
Supervis ing Plans Examiner
Tra nsporta tion Manager
Utilities Engineering and Operations Manager
Wastewater Maintenance Lead Worker
Wastewater Maintenance Worker
Water and Environmental Manage r
Water Distribut ion Lead Operator
Water Distribution Operator
Water Meter Lead Technician
Water Meter Technician
Water Qualit y Technician
Water Treatme nt Lead Operator
Water Treatment Operator
Water Utitities Superintendent
Water Utilities Supervisor

07.08.2024 MS
REV
Salary Schedule by Position
Hourly Rates
Unit A
Base
Teamsters S24.95
Teamsters S22.60
Unrepresented Managemen t S59.18
AFSCME S30.40
AFSCME S26.2 1
Unrepresented Management S38.89
Teamsters $22.60
Unrepresented Management $46.23
Unrepresented Management $46.23
Unrepresented Management $46.23
Unrepresented Manageme nt $62 18
Unrepresented Management $59 .18
AFSCME S30.40
AFSCME S26.21
Unrepresented Management S53.62
AFSCME S34.40
AFSCME $29.66
AFSCME S31.94
AFSCME S27.54
AFSCME $33.56
AFSCME S38.92
AFSCME S33.56
Unrepresented Managemen t S52.3 1
Unrepresented Manageme nt $40.86
City of Chino Salary Schedule
B
S26.20
S23.73
S31.92
S27.53
S23.73
$31.92
S27.53
S36.12
S31.14
S33.54
$28.92
S35.23
S40.86
S35.23
C D Midpo int
S27.51 S28.88
S24.92 S26.17
$68.06
$33.52 S35.19
S28.90 S30.35
$44.73
S24.92 $26.17
$53.1 7
$53.17
$53.17
$71 .50
$68.06
$33.52 S35.19
$28.90 $30.35
$61.66
S37.92 $39.82
$32.70 $34.33
S35.2 1 S36.97
S30.36 S31.88
S37.00 S38.85
S42.90 S45.05
S37.00 S38.85
$60.15
$46.99
Effectiv e July 1, 2024
Council Approval July 16, 2024
E
Maximum
S30.33
S27.48
S78.27
S36.95
S31.86
S51.44
S27.48
$61 .14
$61 .14
$61 .14
$82. 23
$78 .27
S36.95
S31.86
$70.91
$41.81
S36.05
S38.82
S33.48
S40.79
S47.30
S40.79
S69.18
S54.04
Last Approved: 06.18.2024
103

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

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

SUBJECT
..titl e
Department of California Highway Patrol - Cannabis Tax Fund Grant Program (CTFGP). ..end

RECOMMENDATION
1) Adopt Resolution No. 2024 -036 to accept the California Highway Patrol Cannabis Tax Fund Grant Program and acceptance of Grant Proceeds in the amount of $110,153.08; 2) appropriate $110,153.08 from the unappropriated reserves of the General Fund ; 3) increase the General Fund revenue bu dget by $110,153.08; and 4) authorize the City Manager to execute any necessary documents on behalf of the City.

..body

FISCAL IMPACT
Requires an appropriation of $ 110,153.08 from the unappropriated reserves of the General Fund with a corresponding increase to the General Fund revenues. There are no matching funds required.

Revenue: 1004000-59500-G424H

Expenditure: 1004000-(41020, 43320, 43050,48040)-
G424H
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 104
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: DEPARTMENT OF CALIFORNIA HIGHWAY PATROL - CANNABIS TAX FUND GRANT PROGRAM (CTFGP).

PAGE: 2

BACKGROUND
On June 6, 2024, the Chino Police Department received notification from the California Highway Patrol that it has been approved for the Cannabis Tax Fund Grant Program (CTFGP) in the amount of $110,153.08. The purpose of this program is to help the City of Chino reduce and mitigate the impacts of impaired driving in the community. The funds from this grant will significantly enhance the Chino Police Department’s ability to educate the community about the dangers of impaired driving, utilizing innovative tools and interactive methods to make a lasting impact.

ISSUES/ANALYSIS
The Chino Police Department is committed to reducing fatal traffic collisions, particularly those involving impaired driving. Despite substantial efforts, impaired driving remains a significant issue, with 263 DUI arrests in 2023, including 16 individuals under the age of 21. To enhance community outreach a nd education efforts, the Police Department will utilize the $110,153.08 grant administered by the California Highway Patrol (CHP), funded by state sales tax revenue from marijuana sales. The grant period aligns with the City's fiscal year, from July 1, 20 24, to June 30, 2025.

The grant will fund the purchase of the following equipment, which will be instrumental in the educational outreach:
 16’ x 8’ Cargo Trailer : A custom graphic wrap and a 3500w generator will be installed, providing a mobile education unit.
 Full-Sized Driving Simulators : Two simulators will be housed in the trailer, equipped with software to mimic the reaction time and driving impairment of alcohol - and drug- impaired drivers.
 Simulated Drunk and Cannabis Goggles : An activity kit targetin g youth at community or school events.
 Adult-Sized Pedal Cars : Two cars to be used outdoors in conjunction with the drunk/cannabis goggles.
 Printing Budget: For educational handouts and potential giveaways.

Two officers will attend various city -sponsored e vents to engage with the community and educate them about the dangers of impaired driving. The events include:
 Chino Days (2 days)
 Police Department Open Houses (2 events)
 Concerts in the Park (6 events)
 Christmas Parade
 Fireworks Spectacular
 Healthy Families Events (4 events)
The additional tools, equipment, and budget provided by this grant will enable us to leverage opportunities to achieve our outreach and engagement goals, making a lasting impact on the community by reducing impaired driving incidents.

Attachments: Resolution No. 2024-036
105
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: DEPARTMENT OF CALIFORNIA HIGHWAY PATROL - CANNABIS TAX FUND GRANT PROGRAM (CTFGP).

PAGE: 3

Department of California Highway Patrol Award Letter

106

RESOLUTION NO. 2024-036

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

CALIFORNIA, AUTHORIZING THE CITY OF CHINO TO EXECUTE THE

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL CANNABIS TAX FUND

GRANT PROGRAM AGREEMENT AND ACCEPT THE GRANT PROCEEDS IN THE AMOUNT OF $110,153.08

WHEREAS, the City of Chino prepared and submitted a grant application in February 2024 to receive grant proceeds from the Department of California Highway Patrol Cannabis Tax Fund Grant Program; and

WHEREAS, the City of Chino received notification from the Department of California Highway Patrol that the City will be awarded $110,153.08 in grant proceeds; and

WHEREAS, if accepted by the City of Chino, these grant proceeds will be used to fund efforts to reduce and mitigate the impacts of impaired driving in the City of Chino; and

WHEREAS, by way of these funds, the City of Chino will create a safer environment in the community through effective and sustained educational opportunities and enforcement; and

WHEREAS, to secure these funds, the City Council of the City of Chino must authorize the acceptance of this grant funding, and the execution of the Department of California Highway Patrol Cannabis Tax Fund Grant Program Agreement.

NOW, THEREFORE, BE IT RESOLVED:

SECTION 1: The foregoing recitals are true and correct.

SECTION 2: The City Council of the City of Chino accepts the grant proceeds in the amount of $110,153.08 to fund the costs to conduct education, prevention, and enforcements of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

SECTION 3: The City Council of the City of Chino authorizes the City Manager or designee to execute the Department of California Highway Patrol Cannabis Tax Fund Grant Program Agreement.

107

Resolution No. 2024-036

Page 2 of 2 ends

APPROVED AND ADOPTED THIS 16th day of July 2024.

________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:

_____________________________

NATALIE GONZAGA, CITY CLERK

CITY OF CHINO

Attachment 1: Department of California Highway Patrol Award Letter

State of California )
County of San Bernardino ) ss.

City of Chino )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK
108
State of California -- Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency

601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)

June 6, 2024

File No.: 060.15426.17369

Sergeant Scott Trosper
Chino Police Department
5450 Guardian Way
Chino, CA 91710

Dear Sergeant Trosper:

On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Chino Police Department is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $110,153.08. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.

The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.

Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.

The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.

Sincerely,

K. M. DAVIS, Chief
Enforcement and Planning Division

109

State of California

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
17936
________________________________________________________________

1. GRANT TITLE
FY24/25 CTFGP Education - Chino Police Department

2. NAME OF ORGANIZATION/AGENCY
Chino Police Department

3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
Chino Police Department / Traffic Services Unit

4. PROJECT PERFORMANCE PERIOD
From: 07/01/2024 To: 06/30/2025

5. PURCHASE ORDER NUMBER

6. G RANT OPPORTUNITY INFORMATION DESCRIPTION
Education grants shall be in direct support of grant-funded Project activities. Education Projects shall focus on local community-based activities that shift public perspectives and expand the number of activities utilized to help mitigate alcohol and drug-impaired driving. Projects should showcase unique approaches that educate local communities on impaired driving laws, while highlighting the dangers of driving under the influence of alcohol and/or drugs (DUI/DUID).

7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $110,153.08

8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00- 1890.27, are hereby incorporated into this Grant Agreement by reference.

The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative

We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.

IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.

9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Scott Trosper
Title: Traffic Sergeant
Phone: (909) 334-3153

Address: 5450 Guardian Way
Chino, CA 91710

E-Mail: [email protected]

___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169

Address: 601 North 7th Street
Sacramento, CA 95811

E-Mail: [email protected]

___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159

Address: 601 North 7th Street
Sacramento, CA 95811

E-Mail: [email protected]

___________________________ _______________
(Signature) (Date)

10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE

REIMBURSEMENT PAYMENTS

Name: Ria Medina
Title: Fiscal Manager
Phone: (909) 334-3153

Address: 5450 Guardian Way
Chino, CA 91710
110

TERMS AND CONDITIONS

Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

A. EXECUTION

1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.

2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.

3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.

4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.

5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.

B. PROJECT ADMINISTRATION

1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.

2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.

3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.

4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.

Equipment purchased under this Grant Agreement must only be used for approved Project- related purposes, unless otherwise approved by the State in writing.

5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e- mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360. 111

TERMS AND CONDITIONS

C. PROJECT TERMINATION

1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.

a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law.

b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.

2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.

4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.

D. FINANCIAL RECORDS

1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.

E. HOLD HARMLESS

1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
112

TERMS AND CONDITIONS

F. NONDISCRIMINATION

1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.)

G. AMERICANS WITH DISABILITIES ACT

1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

H. DRUG-FREE WORKPLACE

1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

i. The dangers of drug abuse in the workplace.

ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace.

iii. Any available counseling, rehabilitation, and employee assistance programs.

iv. Penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the Project will:

i. Receive a copy of the company's drug-free workplace policy statement.

ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.

2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:

a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)

I. LAW ENFORCEMENT AGENCIES

1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
113

TERMS AND CONDITIONS

J. LABOR CODE/WORKERS' COMPENSATION

1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).

K. GRANT APPLICATION INCORPORATION

1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.

L. STATE LOBBYING

1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.

M. REPRESENTATION AND WARRANTIES

1. The Grantee represents and warrants that:

a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.

b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein.

c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax - exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.

d. All of the information in its Grant Application and all materials submitted are true and accurate.

N. AIR OR WATER POLLUTION VIOLATION

1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 114

TERMS AND CONDITIONS

O. GRANTEE NAME CHANGE

1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.

2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.

P. RESOLUTION

1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.

Q. PAYEE DATA RECORD FORM STD. 204

1. This form shall be completed by all non-governmental Grantees.

R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM

1. This form shall be completed by all Grantees.

S. CONFLICT OF INTEREST

1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarificat ion.

2. Current State Employees:

a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.

b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.

3. Former State Employees:

a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency.

b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.

4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with 115

TERMS AND CONDITIONS

participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.

5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.

6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.

7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.

8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

2. Law Enforcement Projects:

a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.

At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.

Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.

b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement. 116
Schedule A

Chino Police Department

All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.

Project Description
The Chino Police Department will use the equipment and overtime requested to improve and extend our reach into the community to provide education and training on the dangers of impaired driving. The Chino Police department already has a robust community outreach program where we provide “academies” to various demographics of community members where we share information about the roles and responsibilities of the police department. The police department is also extremely involved with city functions and activities where we would provide police officers for social interaction and engagement. These events occur all year long and have an overall reach and potential connection with a couple hundred thousand people a year. The police department and school district have also partnered to have an active School Resource Officer Program and the recent addition of a DARE officer and program. The tools, equipment and budget will allow us to use these opportunities to engage with the public to reach our goals.

Problem Statement & Proposed Solution
Problem:

The Chino Police Department subscribes to the goal of having zero fatal traffic collisi ons. It would be an indication of success if there were no fatal collisions, no DUI collisions and no one to arrest for DUI. We have not had that success yet. Our city still has its share of DUI related collisions in spite of our better than average attempt at quelling these habits.

Our city has seen neither an overall increase or decrease in the average number of deaths and injuries from DUI related collisions. In 2021, there were four fatalities and 25 injury victims to DUI crashes. There was one fatality and 47 victims in 2022 and one fatality and 35 victims in 2023. In 2023, one of these offenders was a 19-year-old fatal victim in a solo vehicle collision into a signal pole and another was a 19-year-old who put himself and three of his friends in the hospital with serious injuries. Our agency arrested 263 DUI offenders in 2023. Of those 263, 16 of them were under the age of 21 years old.

There is always room for improvement when it comes to connecting with the youth about the dangers of impaired driving. This department recently started a DARE program where a police officer builds positive relationships with 5th graders as he puts them through courses to help keep them safe and drug free. The department is working to reach older youth, ages 14-18.

Our police department has a very active community engagement schedule. The department holds Community Academies for English, Spanish and Mandarin speaking citizens. We also hold Junior Youth academy, high School Youth Academy and the Explorer Academy. These academies are held one night a week for several weeks where they learn from officers in different assignments about their job. The academies reach approximately 240 citizens. The department will also host 2 open house events a year, reaching 3,000 citizens each, Coffee with a Cop six times a year reaching 150 citizens each, and National Night out where we reach 4,000 citizens. We are also very involved in City hosted events such as Chino Days (attended by 5,000 citizens), Concerts in the Park (6,000 citizens), Movies in the Park (3,600 citizens), Holiday Parade and Fair (4,000 citizens), Healthy Chino events (1,500 citizens), The Cornfeed Run, car show (10,000 citizens) and the 4th of July celebration (30,000 citizens).

These events pay massive dividends with community relations and cooperation, but they do not have a great impact for education. The officers attending these events are sometimes doing presentations using lecture style with PowerPoint or simply by holding conversations with attendees. We usually have police equipment and vehicles on display, which again helps us engage and build relationships with the community, but there is a great opportunity missed. In today’s interactive age, there are great opportunities to engage with the community with training aids, simulators, and activities that are both fun and interactive while instilling lessons about dangerous driving habits and behaviors. Our department just does not have a good supply of tools to 117
Schedule A

give those lessons.

Solution:

The department is requesting supplies to provide an engaging and interactive training that will support the goal of educating future and current drivers about the dangers of driving while impaired. We are seeking money for the purchase a kit that includes “drunk goggles” and associated activities that can be used to mimic intoxication. We are also requesting money to purchase adult sized pedal cars that will allow us to safely demonstrate the “impairment” caused by the drunk goggles. We are also requesting funding for the purchase of a utility trailer with a modern graphics wrap, and two simulator consoles. These consoles will have short lessons or a series of lessons to show the dangers of impaired driving in real life situations. In today’s video game crazed world, we feel this will make a lasting impact with the youth in our city.

As mentioned in the Problem statement, the department has built an amazing relationship with our community. We have received an overwhelming amount of support from our residents during some of the toughest times in law enforcement. We are a very service-oriented police department and will go above and beyond what is expected to solve issues.

The residents are periodically surveyed to determine their biggest concerns. Traffic is always in the top three. We have a Traffic Unit which consists of a total of 10 sworn officers. There are 7 motor officers, 2 commercial officers and 1 traffic officer. The team participates in DUI saturation patrols and DUI checkpoints thanks to the funding of an OTS grant. The department will also deploy additional officers for DUI patrols on days and holidays known for excessive drinking.

The Department has an active Community Relations Unit that helps to plan, staff and organize many of the events mentioned above. Our Traffic team works very closely with the Community Relations Unit in many of these events.

The Department provides a total of five school resource officers. There is one for each of the three high schools, one for the middle schools and a DARE officer. These officers do an outstanding job connecting with their students, but there is room for improvement on building life-lessons for the students.

The Chino Police Department is asking for supplies and equipment to help bridge the gap between what the officers can do with verbal communication alone, and the real memorable experience and lessons that can be gained with interactive activities. We believe a two-officer team, deployed to the events we already participate in, could provide that lasting experience as we engage and teach the dangers of impaired driving to youngsters.

Performance Measures/Scope of Work

• Distribute 1 grant kick-off press release in the first two weeks describing the Cannabis Tax Fund Grant Program, the awarded equipment, the intended use for the funds and the dangers of impaired driving
• Purchase 1 trailer with a custom vinyl wrap depicting graphics about the dangers of impaired driving and outfit it with 2 simulators and a generator in the first quarter. The trailer with the graphics will attract citizens to the area where we will have two simulators inside. The simulators are programmed to replicate the driving of someone who is under the influence of alcohol or cannabis. The purchase and outfitting of the trailer will be funded solely by the Cannabis Tax Fund Grant Program funds. • Deploy the trailer/simulators to 12 community events in the city where officers will engage the community with interactive activities to demonstrate the dangers of impaired driving. We will do at least three event per quarter to total 12 events. There will be 2 officers assigned to work the events with the trailer, funded solely by the Cannabis Tax Fund Grant Program funds. • Use pedal cars and Fatal Vision goggles at 4 events in the city where officers will primarily engage with the younger drivers and soon to be drivers to teach them the dangers of alcohol and drug impaired driving. We will do at least one event per quarter to total 4 events. These 4 events will be funded solely by the Cannabis Tax Fund Grant Program funds. • Use the Fatal Vision goggles and activities at 5 events in the city throughout the year where officers will interact in a fun, social setting to teach the dangers of impaired driving. We will do two events the first quarter and one event each of the following quarters to total 5 events. These 4 events will be funded solely by the Cannabis Tax Fund Grant Program funds. 118
Schedule A

• Reduce the number of DUI related collisions and injuries by 10 percent from the previous fiscal year • Place officers and education equipment at events to reach at least 40,000 people, or 10,000 per quarter.
• Create 4 social media posts, one per quarter, updating future activities

Project Performance Evaluation
The department will keep information about the goals in this grant period and report the results in the quarterly reports. We will then summarize the grant accomplishments and challenges in the “Final Evaluation” and note whether the goals were met, exceeded or explain why goals were not met. The information gathered for the quarterly reports will be:

• Purchase update: Date of purchase and delivery, item description • Press releases and social media posts: Date of the post, topic of the post • Presentations: Date, time, hours worked, number of people in attendance, topic and equipment used, class feedback
• Reduction in DUI related injuries and deaths: Final results of comparison will be documented in the 4th quarter/final review.

Program Sustainability
The Chino Police Department has four department goals and one of them is Community Engagement. This is also very important to the city, who supplies the budget for many of our community events. The request for overtime was only for a portion of the overall events, as many of the events are already in the budget for officers. This grant was primarily written for the purposes of getting the educational equipment and initial overtime budget to supply the dedicated manpower to deploy and operate the equipment at events. This grant will provide us the tools to engage with the community and give the department and the city time to work the budget for the extra staffing at future events.

Considering one of the top three complaints by residents is traffic related and one of the four goals of the police department is Community Engagement; I don’t believe there will ever be a time the equipment provided by this grant will not be used.

Administrative Support
The Chino Police Department and all the grant activity is fully supported by the City Council and the city manager. The police administration is very supportive of the grants and are understanding of the time needed to effectively plan and coordinate the events to reach the goals of the grants.

The police department has been a regular recipient of the OTS STEP Grant for 10 years and previously coordinated events for the Avoid the 25 grant. We have also received the COPS grant and a portion of the Inland Empire JAG grant as well. We were awarded the OTS Motorcycle Safety Grant for the first time this year. We very rarely miss a goal and we are punctual and accurate with all our quarterly and end of year reporting. All traffic related grants are planned, coordinated and reported on by the Traffic Unit’s sergeant or corporal. Both of them have several years in coordinating the STEP grant and Motorcycle Safety grant and also play roles in the other grants as well.

119

Schedule B

Detailed Budget Estimate

Award Number
Organization/Agency
Total Amount

17936
Chino Police Department
$110,153.08

Cost Category
Line Item Name
Total Cost to Grant

Other Direct Costs

Educational Materials
$6,000.00

Simulator Trailer - Wraps/Graphics
$7,000.00

Simulator Trailer - Outfitting
$7,000.00

Educational Supplies
$12,461.00

Category Sub-Total
$32,461.00

Personnel

Education/Outreach
$18,808.08

Category Sub-Total
$18,808.08

Equipment

Simulator Trailer
$18,602.00

Driving Simulator Consoles
$40,282.00

Category Sub-Total
$58,884.00

Grant Total
$110,153.08

120
Schedule B-1
Budget Narrative
Chino Police Department
Other Direct Costs
Educational Supplies
$12,461.00
This budget item is for several small items from the same company that are each less than $5,000. There is a Fatal Vision Campaign Kit with 10 DUI goggles and 6 different activities ($4,779.56). We also request 2 adult sized pedal cars to work in conjunction with the DUI goggles ($950 each plus tax $2,066.25). The Marijuana Impaired Driving Kit include THC goggles and will be used along with the pedal cars ($2,120.62). The company also provides training to achieve best results and connection with citizens ($2,995).

Educational Materials
$6,000.00
The department will create a visually engaging information card describing the dangers and other negatives to impaired driving. These cards will be distributed at the various events we will attend. 10,000 information cards printed at $0.60 per card to total $6,000.

Simulator Trailer - Wraps/Graphics
$7,000.00
Custom vinyl graphic wrap for the DUI simulator trailer ($7,000).

Simulator Trailer - Outfitting
$7,000.00
The outfitting for the educational simulator trailer will include modifications to include storage cabinet, vents and small A/C unit, lights and wiring from a generator - $6,000. It will also include a 3500w inverter mounted on the tongue of the trailer - $1,000.

Personnel
Education/Outreach
$18,808.08
This budget is to allow officers to deploy the requested interactive educational tools to city events to provide long lasting lessons on the dangers of driving while impaired. These events total 216 hours at $87.08. Refer to the attached form and information below for the breakdown of events and hours.

Chino Days with approximately 5,000 attendees, Trailer/simulator and drunk goggles with the floor mats, Hours include 6 hour event and 1 hour transportation, set up and tear down (2 officers for 7 hours for 2 days, 2 officers X 2 days X 7 hours X $87.08 p/hr = $2,438.24), 2 Open Houses with approximately 3,000 attendees, Trailer/simulator (Hours include 7 hour event and 1 hour set up and tear down, 2 officers for 8 hours grant OT, 2 officers X 2 events X 8 hours X $87.08 p/hr = $2,786.56), Concert in the Park Series 6 weeks with approximately 6,000 attendees total, Trailer/simulator and drunk goggles with the floor mats (Hours include 4 hour event and 1 hour transportation, set up and tear down, 2 officers for 5 hours each of the 6 events, 2 officers X 6 events x 5 hours X 87.08 = $5,223.60), Christmas Parade approximately 4,000 attendees , Trailer/simulator and drunk goggles with the floor mats, (Hours include 7 hour event and 1 hour transportation, set up and tear down, 2 officers for 8 hours,, 2 officers X 8 hours X $87.08 p/hr = $1,393.28), Firework Event approximately 30,000 attendees, Trailer/simulator and drunk goggles with the floor mats, (Hours include 7 hour event and 1 hour transportation, set up and tear down, 4 officers for 8 hours, 4 officers X 8 hours X $87.08 p/hr = $2,786.56), Healthy Families event (4) 1500 attendees Pedal cars and goggles (Hours include 5 hour event and 1 hour transportation, set up and tear down, 2 officers for 6 hours, 2 X 4 events X 6 X $87.08= $4,179.84)
Total 216 hours at $87.08 p/hr = $18,808.08
121
Schedule B-1
Budget Narrative

Chino Police Department

Equipment

Simulator Trailer
$18,602.00
This item will be to purchase an enclosed 16' x 8'cargo trailer with a rear ramp door ($18,602).

Driving Simulator Consoles
$40,282.00

This budget item is to purchase 2 full console driving simulators by Virtual Driver Interactive (VDI) to put inside the requested cargo trailer for community events. The consoles with software total $31,800 ($15,900 each), additional simulator software for impaired/distracted driving $5,000 ($2,500 each) and shipping ($630)/tax ($2,852) make a total of $40,282.00

122

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

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

SUBJECT
..titl e
Final Acceptance of Public Improvements for Administrative Approval PL19 -0090, MKNZ, LLC (Medical Offices Project), located at 5143 D Street.
..end

RECOMMENDATION
1) Accept public improvements as complete for Administrative Approval PL19 -0090; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City. ..body

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

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 123
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR ADMINISTRATIVE APPROVAL PL19-0090, MKNZ, LLC (MEDICAL OFFICES PROJECT), LOCATED AT 5143 D STREET.

PAGE: 2

BACKGROUND
On March 11, 2020, the Development Services Department administratively approved the application presented by MKNZ, LLC for the property located at 5143 D Street to redevelop the existing site and establish a 6,095-square foot medical office building (Exhibit A).

The Engineering Conditions of Approval (“COA”) for this project required the applicant to design and construct certain frontage improvements on D Street and 5 th Street that include sidewalk, parkway landscaping, reconstruction of alley curb, and driveway approaches. The public improvements completed by the applicant necessitated the execution of a Public Improvement Agreement and posting securities that the City Council approved on July 26, 2022 (Exhibit B). It should be noted that the costs associated with the design and construction of the required public improvements are completely offset by the applicant. There is no direct fiscal impact on the City.

The COA a dditionally required that the owner annex the property to the City’s Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 92) for public streetlight maintenance along the project’s frontage, within the right-of-way. The public hearing for the annexation was held on October 4, 2022. The City Council unanimously approved the annexation.

The public improvements are complete per the approved plans and have been constructed to the satisfaction of the City Engineer. There were no delays in the proje ct, resulting in the construction of the required public improvements within the two -year timeframe outlined in the agreement.

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

All public improvements that were part of the condition of the Project were fully funded by the Applicant/Developer.

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

Public Street Sweeping: By the City
Public Streetlights: By the City
Landscaping: By the property owner

Attachment: Exhibit A - Project Location Map
Exhibit B - Fully Executed Public Improvement Agreement & Bonds 124
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR ADMINISTRATIVE APPROVAL PL19-0090, MKNZ, LLC (MEDICAL OFFICES PROJECT), LOCATED AT 5143 D STREET.

PAGE: 3

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MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 16, 2024

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

SUBJECT
..titl e
Final Acceptance of Public Improvements for Tract Map Nos. 18479, 19935 & 19953 for the Harvest at The Preserve development, generally located at the northwest corner of Pine and Hellman Avenues.
..end

RECOMMENDATION
1) Accept public improvements as complete for Tract Map Nos. 18479, 19935, and 19953; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City. ..body

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

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 170
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT MAP NOS. 18479, 19935 & 19953 FOR THE HARVEST AT THE PRESERVE DEVELOPMENT, GENERALLY LOCATED AT THE NORTHWEST CORNER OF PINE AND HELLMAN AVENUES.

PAGE: 2

BACKGROUND
In 2013, Chino Development Corporation (a “Lewis” company) filed applications for Master Site Approval and Tentative Tract Map No. 18480 (an “A” level map) for a property spanning approximately 72.8 gross acres located at the northwest corner of Hellman and Pine Avenues, known as Harvest at The Pr eserve (”Harvest”) development. Harvest comprises a total of 600 residential units featuring various project types and orientations. The Planning Commission approved the Master Site Approval and "A" map on August 18, 2014.

Subsequently, on June 30, 2015, Lewis submitted applications for four “B” Level Maps to subdivide the easterly portion of the Harvest project area into single family lots for the future development of 207 homes as follows:
 Tentative Tract Map No. 18479 / 9.27 acres / 68 detached single-family residential units  Tentative Tract Map No. 19936 / 7.82 acres / 56 detached single-family residential units  Tentative Tract Map No. 19935 / 10.27 acres / 73 detached single-family residential units  Tentative Tract Map No. 19953 / 1.3 acres / 10 detached single-family residential units These tracts are located at the northwest corner of Pine and Hellman Avenues, within the Low Density Residential (LDR) land use designation of The Preserve Specific Plan (Exhibit A).

On December 3, 2018, Richmond American Homes, a guest builder for Lewis, submitted an application to the City for Site Approval to develop Tract Map No. 19935. During the public testimony at the Planning Commission meeting, an issue arose regarding a discrepancy on the map concerning the sidewalk widths and private streets. It was also pointed out that the City's current Subdivision Ordinance, implemented in 2010, prohibits the use of private streets in single-family home developments.

However, it was noted that the Preserve Development Agreement, established in 2004, allows maps processed by Lewis to conform to the subdivision ordinance in effect at the time of the agreement. This earlier ordinance did not include a prohibit ion on private streets, thereby creating a situation where the current ordinance conflicted with the terms of the Development Agreement.

Due to potential issues arising from private streets and infrastructure during construction and acceptance phases, as well as potential long -term maintenance concerns, the Planning Commission imposed a condition on the project. This condition mandated the conversion of the private streets to public streets for all the Harvest "B" level maps.

Staff, in collaboration with t he City Attorney, Richmond American Homes, and Lewis, collaborated closely to resolve the discrepancies related to converting private streets to public, widening sidewalks, and addressing constructed improvements. Following extensive discussions, the Plann ing Commission unanimously approved the significant revisions to the Site Approval.

The Engineering Conditions of Approval (“COA”) for these tracts required Richmond American Homes to design and construct certain frontage improvements including, sidewalk; 171
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT MAP NOS. 18479, 19935 & 19953 FOR THE HARVEST AT THE PRESERVE DEVELOPMENT, GENERALLY LOCATED AT THE NORTHWEST CORNER OF PINE AND HELLMAN AVENUES.

PAGE: 3

streetlights, curb, and gutter; curb ramps, sidewalk, signing & striping, drive approaches; street pavement, domestic water; private storm drain, private sewer; and parkway landscape improvements. The public improvements completed by the applicant necessitated the execution of a Subdivision Improvement Agreements and posting securities that the City Council approved on March 5, 2019 (Exhibit B). It should be noted that the costs associated with the design and construction of the required public i mprovements are completely offset by the applicant. There is no direct fiscal impact on the City.

The public improvements have been completed according to the approved plans and have been constructed to the satisfaction of the City Engineer. However, the project's overall completion was delayed due to disputes concerning public street improvements that did not meet the City’s accessibility requirements.

ISSUES/ANALYSIS
On November 15, 2022, the City Council approved five separate settlement agree ments with developers, including Richmond American Homes, addressing disputes over public street improvements in various tracts that did not meet accessibility requirements.

Under the settlement agreement with Richmond American Homes, Tract Map Nos. 18479, 19935, and 19953 were classified as "Category D" tracts. This classification recognized that Richmond American Homes had constructed all necessary accessibility improvements to City standards. As these tracts were nearing final closeout, staff was tasked with bringing an action to the City Council to formally accept the public improvements as complete.

The public improvements that are being accepted by the City of Chino include domestic water and street improvements. The public improvements completed have been constructed in compliance with the City’s standards/specifications, and accessibility requirements, and to the satisfaction of the Public Works Inspector and City Engineer. All public improvements that were part of the COA for these tracts were fully funded by the developer.

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

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

Attachments: Exhibit A Project Location Map
Exhibit B Subdivision Improvement Agreement / Bonds Tract Map No. 18479
172
CITY COUNCIL MEETING DATE: JULY 16, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT MAP NOS. 18479, 19935 & 19953 FOR THE HARVEST AT THE PRESERVE DEVELOPMENT, GENERALLY LOCATED AT THE NORTHWEST CORNER OF PINE AND HELLMAN AVENUES.

PAGE: 4

Subdivision Improvement Agreement / Bonds Tract Map No. 19935
Subdivision Improvement Agreement / Bonds Tract Map No. 19953
Exhibit C Infrastructure Tract Map No. 18479
Infrastructure Exhibit Tract Map Nos. 19935 & 19953

173
1 Exhibit A

LOCATION MAP

Tracts Map Nos. 18479, 19935, 19936 & 19953
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177

SUBDIVISION IMPROVEMENT AGREEMENT
between

CITY OF CHINO
and

RICHMOND AMERICAN HOMES
01225. 0006/ 369377. 1 Updated 11- 2017
178

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

RICHMOND AMERICAN HOMES
Agreement Date: March 5th, 2019
Subdivider Name: Richmond American Homes ( hereinafter" Subdivider) Subdivision Description: Tract Map No. 18479 — 68 residential lots on approximately 9. 3 acres located near the northwest corner of Bickmore and Hellman Avenues ( hereinafter Subdivision")
Tentative Map No.: 18479 - Approval Date: June 30th, 2015 hereinafter" Approved Tentative Map")
Estimated Total Cost of Improvements: $ 479, 000. 00
Estimated Total Cost of Monumentation: $ 12, 947. 00 ( based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Bond No.: 1074986
Surety: The Hanover Insurance Company
01225. 0006/ 369377. 1
179
Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Christopher L. Magdosku Richmond American Homes
City Engineer
Rola A. Nicasio
13220 Central Avenue Senior Project Manager
Chino, CA 91710 5171 California Avenue, Ste. 106
Irvine, CA 92617
909) 334- 3417 rola. nicasio@mdch. com
949) 279- 0398

CITY PROJECT INSPECTOR SURETY
Ronnie Hernandez
Permit & Inspection Supervisor The Hanover Insurance Company 13220 Central Avenue
Chino, CA 91710
909) 334- 3433
01225. 0006/ 369377. 1
180

TABLE OF CONTENTS

1. Construction Obligations 1

1. 1 Works of Improvement

1. 2 Other Obligations Referenced in Conditions of Tentative Map Approval

1. 3 Intent of Plans

1. 4 Survey Monuments

1. 5 Performance of Work

1. 6 Changes in the Work

1. 7 Defective Work

1. 8 No Warranty by City

1. 9 Authority of the City Engineer

1. 10 Documents Available at the Site

1. 11 Inspection

1. 12 Compliance with Law; Applicable Standards for Improvements

1. 13 Suspension of Work

1. 14 Erosion and Dust Control and Environmental Mitigation

1. 15 Final Acceptance of Works of Improvement

1. 16 Vesting of Ownership

1. 17 Subdivider' s Obligation to Warn Public During Construction

1. 18 Injuryto Public Improvements, Public Propertyor Public Utility

2. Time for Performance 5

2. 1 Commencement and Completion Dates

2. 2 Phasing Requirements

2. 3 Force Majeure

2. 4 Continuous Work

2. 5 Reversion to Acreage

3. Labor 6

3. 1 Labor Standards

3. 2 Nondiscrimination

3. 3 Licensed Contractors

3. 4 Workers' Compensation

4. Security 7

4. 1 Required Security

4. 2 Form of Security Instruments

4. 3 Subdivider' s Liability

4. 4 Letters of Credit

4. 5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 10

5. 1 Subdivider Responsible for All Related Costs of Construction 01225. 0006/ 369377. 1
181

5. 2 Payment to City for Cost of Related Inspection and Engineering Services

5. 3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication 10

7. Warranty of Work 11

8. Default 11

8. 1 Default by Subdivider

8. 2 Remedies

8. 3 Notice of Violation

8. 4 Remedies Not Exclusive

8. 5 Attorney' s Fees and Costs

8. 6 Waiver

9. Indemnity/ Hold Harmless 12

10. Subdivider' s Indemnity of Project Approval 13

11. Insurance Requirements 14

12. Environmental Warranty 16

13. General Provisions 17

13. 1 Successors and Assigns

13. 2 No Third- Party Beneficiaries

13. 3 No Vesting Rights

13. 4 Subdivider is Not Agent of City

13. 5 Time of the Essence

13. 6 Notices

13. 7 No Apportionment

13. 8 Severability

13. 9 Captions

13. 10 Incorporation of Recitals

13. 11 Interpretation

13. 12 Entire Agreement; Waivers and Amendments

13. 13 Counterparts

14. Authority 18
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT ( this " Agreement") is entered into this 5thday of March, 2019, by and between the CITY OF CHINO, a municipal corporation, organizedandexistingin the Countyof San Bernardino, underand by virtue of the laws of the State of California, (" CITY"), and RICHMOND AMERICAN HOMES ( Subdivider").

RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative Tract Map No. 18479, ( the " Map"), located in the City of Chino, County of San Bernardino, State of California ( the " Property"), as described on Exhibit " A". The Map requires Subdivider to comply with certain conditions of approval for the development of the Property ( the " Conditions") as described on Exhibit " B".

B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.

C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain " Works of Improvement" ( as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.

D. Subdivider' s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Tract Map No. 18479 for the Property and permitting development of the Property to proceed.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City' s approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1. 1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street improvements more fully described in Exhibit " B" attached hereto ( the " Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement ( said plans and specifications, together with all related documents, the " Plans"). The estimated construction cost for the Works of Improvement is $ 479, 000. 00.
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1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit " B" attached hereto.

1. 3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, ( or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider' s contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer' s prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1. 4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Tract Map No. 18479 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4. 1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

1. 5. Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider' s obligations under this Agreement.

1. 6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineershall notify Subdivider or its contractor in writing by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

1. 7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 01225. 0006/ 369377. 1 2 of 19
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1. 8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representationor warranty, expressor implied, to Subdivideror to anyotherpersonregarding the adequacy of the Plans or related documents.

1. 9. Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineershall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.

1. 10. Documents Available at the Site. Subdividershall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City' s inspectors and engineers at all times.

1. 11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider' s contractor( s) regarding the Works of Improvement.

Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider' s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Subdivider' s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer ( or designee) shall not be considered as direct control of the individual workmen on the job site. City's inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

1. 12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.

Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider' s contractor to comply with law pursuant to Section 01225. 0006/ 369377. 1 3 of 19
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1. 12. In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary, and shall providesuitable interim drainage and/or dust controlmeasures, and erect temporarystructures where necessary.

1. 14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

1. 15. Final Acceptance of Works of Improvement. After Subdivider' s contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the City's inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider' s contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider' s contractor' s initial request for final inspection. If items are found by City' s inspectors to be incomplete or not in compliance after two ( 2) " final" inspections, the City may require the Subdivider or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessaryto cover the City's costs for additionalfinal inspections, as determined by the City Engineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.

Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.

The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.

1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.

1. 17. Subdivider' s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty- eight ( 48) hours' advance written notice to all 01225. 0006/ 369377. 1 4 of 19
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neighboring property owners and tenants affected by Subdivider' s operations or construction of the hours, dates and duration of any planned construction activities.

1. 18. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacementor repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.

2. Time for Performance.

2. 1. Commencement and Completion Dates. Subject to Sections 2. 2 and 2. 3 below, Subdivider shall ( i) commence with construction and installation of the Works of Improvement thirty ( 30) days following City' s approval of the Plans (" Commencement Date"); and ( ii) complete or cause to be completed all of the Works of Improvement within two ( 2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three ( 3) additional one-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, Citymayapplythestandardsin effectatthetimeoftheextension.

2. 2. Phasing Requirements. Notwithstanding the provisions of Section 2. 1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider' s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City' s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer' s satisfaction.
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2. 3. Force Majeure. Notwithstanding the provisions of Section 2. 1, Subdivider' s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency ( including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five ( 5) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. The City Engineershall evaluateall claims to Force Majeure and the City Engineer' s decision shall be final.

2. 4. Continuous Work. After commencement of construction of the Works of Improvement ( or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.

2. 5. Reversion to Acreage. In additionto whatever other rights City may have due to Subdivider's failure to timely perform its obligationshereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499. 11 through Section 66499. 20. 1. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two ( 2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499. 16, Subdivider hereby consents to such reversion to acreage and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage.

3. Labor.

3. 1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.

3. 2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (" FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement. 01225. 0006/ 369377. 1 6 of 19
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3. 3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. All of Subdivider' s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor' s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

3. 4. Worker' s Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvementto carry Workers' Compensation Insuranceas required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverageprior to such contractoror subcontractorentering onto the job site.

4. Security.

4. 1. Required Security.
a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit ( assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below ( hereinafter " Security Instruments"):
i) A Security Instrumentsecuring Subdivider's faithful performance of all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of $ 479, 000. 00 equal to 100% of the estimated construction cost referenced in Section 1. 1. ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/ or equipment (" Labor and Materials Security Instrument") with , respect to the Works of Improvement in an amount equal to 239, 500. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.
iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of 12, 947. 00 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council' s acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of $ 47, 900. 00 01225. 0006/ 369377. 1 7 of 19
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equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4. 2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4. 1 ( a) or 4. 1( b), as applicable, shall meet the following minimum requirementsandotherwiseshallbe ina formprovidedbyCityor otherwiseapprovedbythe City Attorney:
a) Bonds. For SecurityInstrumentsprovidedin the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transactsuretybusinessin the Stateof California. Any insurancecompany acting as surety shall have a minimum rating of A-IX, as rated by the current editionof Best's KeyRatingGuidepublishedby A.M. Best's Company, Oldwick, NewJersey, 08858. Any bankactingas suretyshall have a minimumratingof AA, as rated by Moody' s or Standard & Poor' s.
b) Letters of Credit. For Security Instrumentswhich are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty ( 30) days prior to the date of expirationof any such letter of creditand shall further be subject to the provisions of Section 4. 4.
c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider' s interest in funds on deposit in one or more bank accountswith financial institutionsacceptable to City. d) General Requirements for all Security Instruments. i) Payments under any Security Instruments shall be required to be made ( and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the Security Instrument shall so provide).
ii) Each Security Instrument shall have a minimum term of one ( 1) year after the deadline for Subdivider' s completing the Works of Improvement, in accordance with Section 2. 1 ( other than Instruments of Credit, which shall have no defined term or expiration date).
iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 01225. 0006/ 369377. 1 8 of 19
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iv) If the Subdividerseeks to replace any security with another security, the replacement shall: ( 1) comply with all the requirements for security in this Agreement; ( 2) be provided by the Subdivider to theCityEngineer; and (3) uponitswrittenacceptancebytheCity Engineer, be deemed a part of this Agreement. Upon the City Engineer' s acceptance of a replacement security, the former security may be releasedby the City.

4. 3. Subdivider' s Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to preventCityfromsuchrealizationofanySecurityInstrument. Notwithstandingthegivingofany SecurityInstrumentorthesubsequentexpirationof anySecurityInstrumentor anyfailureby any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performanceunderthis Agreement and for payment of the cost of the laborand materialsfor the improvementsrequiredto be constructedor installedhereby and shall, within ten ( 10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4. 4. Letters of Credit.
a) In the event a letter of credit is given pursuant to Section 4. 2( b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit expiring in not less than one ( 1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivideragrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.

4. 5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499. 7 and 66499. 8, Section 19. 09. 010 of the Chino Municipal Code, and as follows:-
a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
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i) Subdividerhasmadewrittenrequestfor releaseandprovided evidence of satisfaction of all other requirements in this Section 4.5; ii) the Works of Improvement have been accepted;
iii) Subdividerhas deliveredthe Maintenanceand Warranty Security Instrument; and
iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencingwith Section 9000) of Part 6 of Division4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrumentuntil such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
b) Cityshallreleasethe MaintenanceandWarrantySecurityInstrumentupon Subdivider' s written request upon the expiration of the warranty period, and settlementof any claims filed duringthe warranty period. c) The City may retain from any security released, an amount"sufficient to covercostsand reasonableexpensesandfees, includingreasonableattorney's fees.

5. Cost of Construction and Provision of Inspection Service.

5. 1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.

5. 2. Payment to City for Cost of Related Inspection and Engineering Services.

Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspectionand acceptance of any of the Works of Improvementuntil all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5. 3. Payment of Development ImpactFees. Subdividershall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapters 3.40 and 3. 45.

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolutionor resolutionsaccepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completionand acceptance by City of the Works of 01225. 0006/ 369377. 1 10 of 19
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Improvement. Suchresolution(s) shallauthorizetheCityClerktoexecutetheCertificatemade a part of the Map regardingsaid acceptanceof the offer of dedication.

7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one ( 1) year from the date of final acceptance.

If anyof theWorksof Improvementshouldfail or provedefectivewithinsaidone 1) yearperiodduetoanyreasonotherthanimpropermaintenance, or if anysettlementoffill or backfill occurs,
or shouldany portionof the Worksof Improvementfail to fulfill any requirements of the Plans, Subdivider, within fifteen ( 15) days after written notice of such defects, orwithinsuchshortertimeasmayreasonablybedeterminedbytheCityintheevent of emergency, shallcommenceto repairor replacethe sametogetherwithanyotherwork which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective materialand/or workmanshipor make replacementsor repairswithin the periodof time set forth above, City may make such repairs and replacementsand the actual cost of the required laborandmaterialsshallbechargeableto andpayablebySubdivider. Thewarrantyprovided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8. 1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
a) Subdivider' s failure to timely commence construction of Works of Improvement under this Agreement;
b) Subdivider' s failure to timely complete construction of the Works of Improvement;
c) Subdivider's failure to performsubstantialconstruction work for a period for 20 consecutive calendar days after commencement of the work; d) Subdivider' s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or f) Subdivider' s failure to perform any other obligation under this Agreement.

8. 2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider's obligations under this Agreement. The City shall have the right, subjecttothisSection, todrawuponorusetheappropriatesecurityto mitigatetheCity's damages in the event of default by Subdivider. The City' s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvementsand, therefore, City's damagesfor Subdivider's defaultshall be measuredby thecostof completingthe requiredimprovements. TheCitymayusethe sumsprovidedbythe securitiesfor the completionof the Works of Improvementin accordancewith the plans. In the 01225. 0006/ 369377. 1 11 of 19
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eventthe Subdividerfailsto cureanydefaultunderthisAgreementwithin20 daysafterthe Citymailsa noticeofsuchdefaulttotheSubdividerandtheSubdivider's surety, Subdivider authorizestheCityto performtheobligationforwhichSubdivideris in defaultandagreesto paytheentirecostof suchperformancebytheCity. TheCitymaytakeovertheworkand complete the Works of Improvement, by contractor by any other methodCity deems appropriate, attheexpenseoftheSubdivider. Insuchevent, City, withoutliabilityfordoingso, may complete the Works of Improvement using any of Subdivider's materials, appliances, plansandotherpropertythatareat theworksiteandthatare necessaryto completethe Works of Improvement.

8. 3. Notice of Violation. The Subdivider's failure to comply with the terms of this AgreementconstitutesSubdivider's consentfor the Cityto file a noticeof violationagainstall the lots in the Subdivision, or to rescind or otherwise revert the Subdivision to acreage.

Subdividerspecifically recognizesthat the determinationof whether a reversion to acreage or rescissionof the Subdivisionconstitutesan adequateremedyfor defaultby the Subdivider shall be within the sole discretionof the City.

8. 4. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedyor remediesforSubdivider's breachshallbeinthediscretionof theCity. Additionally, anyremedyspecificallyprovidedinthisAgreementshallbein additionto, andnotexclusiveof, City's rightto pursueany other administrative, legal, or equitableremedyto which it may by entitled.

8. 5. Attorney' s Fees and Costs. In the eventthat Subdividerfails to performany obligationunderthisAgreement, Subdivideragreesto payall costsandexpensesincurredby City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

8. 6. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

9. Indemnity/ Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement. Subdividerfurtheragreesto protect, defend, indemnifyand holdharmlessCity, its officials, boardsand commissions, and membersthereof, agents, and employeesfrom any andall claims, demands, causesof action, liabilityor lossof any sort, becauseof, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors 01225. 0006/ 369377. 1 12 of 19
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in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causesof action, liabilityor lossbecauseof or arisingoutof, in wholeor in part, thedesignor constructionof the improvements. This indemnificationand agreement to hold harmless shall extendto injuriesto personsand damagesor takingof propertyresultingfrom the designor construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements.

Recordationof the Noticeof Acceptanceby the Cityof the Worksof Improvementsshall not constituteanassumptionbytheCityofanyresponsibilityforanydamageortakingcoveredby thisSection. Cityshallnotberesponsibleforthedesignorconstructionofthepropertytobe dedicatedor the improvementspursuantto the approvedimprovementplansor map, regardlessofanynegligentactionorinactiontakenbytheCityinapprovingtheplansormap, unless the particularimprovementdesign was specificallyrequired by City over written objectionby Subdividersubmittedto the City Engineerbeforeapprovalof the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminateany latent defect in design or dangerouscondition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. The provisionsof thisparagraphshallremaininfullforceandeffectfor ten (10) yearsfollowingthe recordation of the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

Subdividershall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.

10. Subdivider's Indemnityof ProjectApproval. Subdividershall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceedingand cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdividerof any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmlessthe City. Nothingin this Sectionprohibitsthe City from participatingin the defense of any claim, action, or proceeding if City bears its own attorney's fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider. 01225. 0006/ 369377. 1 13 of 19
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11. InsuranceRequirements. Subdivider, atSubdivider's solecostandexpenseandforthe fulltermof thisAgreementandanyextensionsthereto, shallobtainandmaintainall of the followingminimuminsurancerequirementsin a formapprovedby the City's authorized designeefor RiskManagementpriorto commencinganywork:
a) Commercial General Liability policy with a minimum $ 1 million combined singlelimitforbodilyinjuryandpropertydamageprovidingallofthefollowing minimum coverage without deductibles:
i) Premisesoperations; includingX, C, and U coverage; ii) Owners' and contractors' protection;
iii) Blanket contractual;
iv) Completed operations; and
v) Products.
b) Commercial Business Auto policy with a minimum $ 1 million combined singlelimit for bodilyinjuryand propertydamage, providingall of the following minimum coverage without deductibles:
i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy.
c) Workers Compensationand Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
i) This policy shall provide coverage for $ 1, 000, 000 Employers' Liability ( Coverage B).
ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: " I am aware of the provisions of Section 3700 of the Labor Code which requires 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."
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iii) Prior to commencement of work, the Subdivider shall file with the City's Risk Manager a Certificate of Insurance or certification of permissionto self-insureworkers' compensationconformingto the requirements of the Labor Code.
d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
i) " TheCityof Chino, itsofficers, employeesandagentsarehereby added as additional insureds."
ii) " This policy shall be considered primary insurance with respect to any other valid and collectibleinsurancethe City may possess, including any self- insuredretentionthe City may have and any other insurance the City does possess shall be considered excess insurance only."
iii) " This insuranceshall act for each insured and additional insured as though a separate policy has been written for each. This, however, will notactto increasethelimitofthe insuringcompany."
iv) " Thirty (30) dayspriorwrittennoticeof cancellationshallbegivento the City of Chino in the event of cancellation and/or reduction in coverage, except that ten ( 10) dayspriorwrittennoticeshall apply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
v) Subsection d( iv) hereinabove " Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liability policy.
e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider's insurance company as evidence of the coverage required herein and shall be mailed to:

City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
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12. Environmental Warranty.

12. 1. Prior to the acceptanceof any dedicationsor Works of Improvementby City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit C" attached hereto and incorporated herein by reference, that:
a)
Neitherthe propertyto be dedicatednor Subdividerare in violationof any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. b) NeitherSubdivider nor any other personwith Subdivider's permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term " HazardousSubstances" shall meanany substanceor materialwhichis capableof posinga risk of injuryto health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as " Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulationsor policies. c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacentto, or in the vicinity of, the property to be dedicated. d) Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

12.2. Subdividershall give prompt written noticeto City of:
a) Any proceeding or investigationby any federal, state or local governmental b) authority with respect to the presence of any hazardous substance on the propertyto be dedicatedor the migrationthereoffrom or to any otherproperty adjacent to, or in the vicinity of, the property to be dedicated. c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
d) Subdivider's discoveryof any occurrenceor conditionon any property adjoining or in the vicinity of the property to be dedicated that could cause the 01225. 0006/ 369377. 1 16 of 19
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propertytobededicatedoranypartthereoftobesubjecttoanyrestrictionsonits ownership, occupancy, useforthepurposeforwhichit isintended, transferabilityor suit under any environmental law.

13. General Provisions.

13. 1. SuccessorsandAssigns. ThisAgreementshallbe bindinguponall successors andassignstoSubdivider's right, title, andinterestinandtothePropertyandanyportionthereof. Subdividerherebyconsentsto City recordingthis Agreementas officialrecordsof SanBernardinoCounty, affectingfeetitleinteresttothePropertytoprovideconstructivenotice of the rights and obligations incurred by Subdivider in the City' s approval of this Agreement. In theeventthe Propertyis subsequentlyconveyedby Subdividerto a thirdpartypriorto completionof the Works of Improvement, wherebythe third party is intendedto assume Subdivider' s responsibilities with regard to this Agreement, ( the " Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City's approval of this Agreement, shall remain Subdivider's responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, ( the " Transfer Agreement"), to acknowledgethe transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledgethe rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider' s responsibilityto furnishreplacementSecurityInstrumentsmeetingthe City's approvalpursuant to Section 4 of this Agreement. Untilsuchtime as a TransferAgreement, meetingthe City's approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City's approval are furnished by the Replacement Subdivider, Subdividerretainssoleresponsibilityfor maintainingall SecurityInstrumentsrequiredpursuant to Section 4 of this Agreement.

13. 2. No Third- Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successorsand assigns. Neither City nor Subdivider intend to create any third- party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.

13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construedto vest Subdivider's rights with respect to any change in any zoning or building law or ordinance.

13. 4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider' s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider' s obligations under this Agreement.

13.5. Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement.

13. 6. Notices. Unless otherwise specified in this Agreement, all notices required or providedfor under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail. 01225. 0006/ 369377. 1 17 of 19
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Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.

Eitherparty may providea new designatedrepresentativeand/or addressby written notice as provided in this Section.

13.7. NoApportionment. Nothingcpntainedin this Agreementshall precludeCity from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains,
or other improvementspursuantto the provisionsof the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.

13. 8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unlessamended or modifiedby mutual written consentof the parties.

13.9. Captions. ThecaptionsofthisAgreementareforconvenienceandreferenceonly and shall not be used in the interpretation of any provision of this Agreement.

13.10. Incorporationof Recitals. The recitalsto thisAgreementare herebyincorporated into the terms of this Agreement.

13.11. Interpretation. This Agreementshall be interpretedin accordancewith the laws of the State of California.

13. 12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiationsand previousagreementsbetweenthe partieswith respectto all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisionsof this Agreement must be in writing and signed by an authorized representative of the partyto be charged, and all amendmentsheretomust be in writing and signed by the appropriate representatives of both parties.

13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) 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 executingthisAgreement, suchpartyis formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisionsof any other agreementto which said party is bound.

SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

APPROV D AS TO FORM: APPR VED AS TO CONTENT:

A,
r
Fred Galante, City Attorney Nicholas S. ig ori, AICP
Director of Development Services
RICHMON! AMERI HOMES:__ __
By: JdIAJd43" II'
ignature a d Date)
Name: SoNbRM H6eRIS
Please type or print name)
Title: VICE PoESt i, EN 1"
Please type or print title)

CITY OF CHINO
Matthew al nt , City Manager
Dated: 3 20. 11
ATTEST:

B C C._.)
Ange Robles,-City Clerk
Dated: 3 • ato • a
01225. 0006/ 369377. 1 19 of 19
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notarypublicorotherofficercompletingthis
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, andnotthetruthfulness, accuracy, orvalidityof that
document.

State of California
County of Orange
On March4, 2019, beforeme, T Ris, NotaryPublic, personallyappearedSondraHarris, whoprovedto meonthebasisof satisfactoryevidenceto betheperson(s)whosename(s) is/aresubscribedto thewithininstrumentandacknowledgedto methathe/she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify underPENALTY OF PERJURYunderthelawsof the Stateof Californiathat the foregoing paragraph is true and correct.

WITNESS my n nd official seal.
f Notary Public- California
Orange County
Commission 2195522
Signature)
u.'
MyComm.ExpiresMay5,2021
Affix Seal)
202
EXHIBIT " A"
TRACT MAP 18479 LEGAL DESCRIPTION
Legaldescription is pending the final recordationof Tract Map No. 18479with the San Bernardino County Recorder' s Office.
01225. 0006/ 369377. 1 A- 1
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EXHIBIT " B"
TRACT MAP 18479 WORKS OF IMPROVEMENT
A. Removalof undesirable, dangerousanddeadplantmaterialsandroots.

Relocationof all publicutilitystructuresas necessaryto properlyconstructthe required improvements.

C. Disposalof all rocksanddebrislocatedwithinanypublicright-of-waywithinsaid development or on the boundary streets thereof.

D. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersectionsasshownonapprovedconstructionplansandinaccordancewithCity Standards.

E. Installationof asphaltconcreteor PortlandCementConcretestreet pavementon basematerialasshownonapprovedconstructionplansandinaccordancewithCity Standards.

F. Street signs at intersectionsper the City Standards.

G. Installation of approved landscaping ( plants and materials).

H. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Assistant City Manager/ Director of Public Works or his designee and on his order, to completethe improvementsin accordancewith the plans and specifications on file as hereinbeforespecified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 01225. 0006/ 369377. 1 B- 1
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EXHIBIT " C"
TRACT NO. 18479

RICHMOND AMERICAN HOMES

ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvementsto be conveyedby the above-namedSubdividerto the Cityof Chinofor theabove-referencedSubdivision, Subdividerherebywarrantsto the Cityof Chinothat:

1. Neitherthe propertyto be dedicatednorSubdividerare in violationof any environmental law, and neither the property to be dedicated nor the Subdivider are subjectto any existing, pending or threatenedinvestigationby any federal, state or local governmentalauthorityunderor in connectionwiththe environmentallawsrelatingto the property to be dedicated.

2. NeitherSubdividernor any otherpersonwith Subdivider's permissionto be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or aboutthe propertyto be dedicated, any HazardousSubstance exceptin compliancewith all applicableenvironmentallaws. For the purposesof this warranty, the term " Hazardous Substances" shall mean any substance or material whichis capableof posinga riskof injuryto health, safetyor property, includingall thosematerialsandsubstancesdesignatedas hazardousor toxic by anyfederal, state or local law, ordinance, rule, regulationor policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulationsor policies.

3. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicatedor the migrationof any hazardoussubstancefrom or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

4. Subdivider's prior and present use of the property to be dedicated has not resulted in the releaseof any HazardousSubstanceon the propertyto be dedicated.

5. All personsexecutingthiswarrantyherebyrepresentandwarrantto the Cityof Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and thatthe signatorsheretohavesufficientknowledgeor expertise, eitherpersonally, through reasonable inspection and investigationof the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider' s environmental experts, to makethe representationsherein, and that no consentof any otherpartyis 01225. 0006/ 369377. 1 C- 1
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requiredto executethis warrantyand makethe representationshereinon behalfof the Subdividerto the City of Chino.

Eachof the undersignedpersonsdeclaresunderpenaltyof perjurythat the foregoing is true and correct.

Dated: 3I 1
I
SUBDIVIDER*
By:

RIC • AMERICAN HOMES
Proof of authorizationfor Subdivider's signatures is requiredto be submitted concurrently with this environmental warranty.
01225. 0006/ 369377. 1 C- 2
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EXECUTEDINTRIPLICATE)
Bond No.: 1074986
Contract No.:

Approved:

FAITHFULPERFORMANCEBOND
Tract Map No. 18479
WHEREAS,theCityCounciloftheCityofChino, StateofCalifornia, hereinafterdesignatedas"CITY"andRICHMOND AMERICAN HOMES,* hereinafter designated as " PRINCIPAL," have entered into an agreement wherebyPrincipalagreestoinstallandcompletecertaindesignatedpublicimprovements, whichsaidagreement, datedFebruary5th,2019,andidentifiedasProjectNo. TractMapNo. 18479, isherebyreferredtoandmadeaparthereof; and of Maryland, Inc.

WHEREAS, saidPrincipalisrequiredunderthetermsofsaidagreementtofurnishabondforthefaithfulperformance of said agreement.

NOW, THEREFORE, we, the Principal and The Hanover Insurance Company as surety, are heldandfirmlybounduntotheCityofChinointhepenalsumofFourHundredSeventy-NineThousandDollars479,000.00) lawfulmoneyoftheUnitedStates,forthepaymentofwhichsumwellandtrulytobemade,webindourselves,ourheirs, successors, executors, andadministrators,jointlyandseverally, firmlybythesepresents.

Theconditionofthisobligationissuchthatif theabove-boundPrincipal, hisor itsheirs, executors, administrators,successors,orassigns,shallinallthingsstandtoandabideby,andwellandtrulykeepandperformthecovenants, conditions, andprovisionsinsaidagreementandanyalterationthereofmadeasthereinprovided,onhisoritspart, tobekeptandperformedatthetimeandinthemannerthereinspecified, andinallrespects accordingtotheirtrueintentandmeaning, andshallindemnifyandsaveharmlessCity, itsofficers, agents, and employees, asthereinstipulated, thenthisobligationshallbecomenullandvoid; otherwiseitshallbeandremainin full force and effect.

Aspartoftheobligationsecuredherebyandinadditiontothefaceamountspecifiedtherefor, thereshall beincludedcostsandreasonableexpensesandfeesincludingreasonableattorneys' fees, incurredbyCityinsuccessfullyenforcingsuchobligation, alltobetaxedascostsandincludedinanyjudgmentrendered.

Thesuretyherebystipulatesandagreesthatnochange, extensionoftime, alteration, oradditiontothe termsoftheagreementortotheworktobeperformedthereunderorthespecificationsaccompanyingthesame shallinanywayaffectitsobligationsonthisbond, anditdoesherebywaivenoticeofanysuchchange, extension of time,alteration, or additionto the termsof the agreementorto the workor to the specifications.

INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedbyPrincipalandSuretyabovenamed, on March 5 , 2019
The Hanover Insurance CompanyP CIPAL SURETY
By. By: .----
Kathleen . Freund, Attorney- in- Fact

SIGNATURES MUST BE NOTARIZED
Document No. 16353( PWFORMS\ BONDS- faithful performance rev. 04/ 2017) Page 1 of 1 207

CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, andnotthetruthfulness, accuracy, or validity of that
document.

State of California
County of Orange
On March6, 2019, beforeme, RhondaHarper, NotaryPublic, personallyappeared SondraHarris, whoprovedto meonthebasisof satisfactoryevidenceto betheperson(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

RHONDA HARPER
Notary Public- California
WITNESS my hand and official seal. Orange County z
z \ Z7.
9 Commission# 2151999
MyCoy
resm.Expi May 30_2020
gnature) Affix Seal)
208

NOTARY ACKNOWLEDGMENT

STATE OF COLORADO
ss.

COUNTY OF DENVER
Theforgoinginstrumentwasacknowledgedbeforemethis5thdayofMarch, 2019byKathleenK. Freund,Attorney-in-FactforTheHanoverInsuranceCompany, aNewHampshire corporation, on behalfof thecorporation.

NATHAN MULHAUSER
Notary Public
State of Colorado
Notary ID 8 20064038639
My Commission Expires 09-22- 2022
No ary Public
My Commission Expires:

September 22, 2022
209

THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCE COMPANY OF AMERICA

POWERS OF ATTORNEY

CERTIFIED COPY
KNOWALLMENBYTHESEPRESENTS: ThatTHEHANOVERINSURANCECOMPANYandMASSACHUSETTSBAYINSURANCECOMPANY,bothbeingcorporationsorganizedandexistingunderthelawsoftheStateofNewHampshire,andCITIZENSINSURANCECOMPANYOFAMERICA,acorporationorganizedandexistingunderthelawsoftheStateofMichigan,doherebyconstituteandappoint JosephR.Poplawski,KathleenK.Freund,MargaritaHolguinand/orStacyKillebrew ofDenver,COandeachisatrueandlawfulAttorney(s)-in-facttosign,execute,seal,acknowledgeanddeliverfor,andonitsbehalf,andasitsactanddeedanyplacewithintheUnitedStates,or,ifthefollowinglinebefilledin,onlywithintheareathereindesignatedanyandallbonds,recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof, as follows:

Any such obligations in the United States, not to exceed Twenty Million and No/ 100($ 20,000,000) in any single instance andsaidcompaniesherebyratifyandconfirmallandwhatsoeversaidAttorney(s)-in-factmaylawfullydointhepremisesbyvirtueofthesepresents.TheseappointmentsaremadeunderandbyauthorityofthefollowingResolutionpassedbytheBoardofDirectorsofsaidCompanieswhichresolutionsare still in effect:

RESOLVED,ThatthePresidentoranyVicePresident,inconjunctionwithanyVicePresident,beandtheyareherebyauthorizedandempoweredtoappointAttorneys-in-factoftheCompany,initsnameandasitsacts,toexecuteandacknowledgeforandonitsbehalfasSuretyanyandallbonds,recognizances,contractsofindemnity,waiversofcitationandallotherwritingsobligatoryinthenaturethereof,withpowertoattachtheretothesealoftheCompany.AnysuchwritingssoexecutedbysuchAttorneys-in-factshallbeasbindingupontheCompanyasiftheyhadbeendulyexecutedandacknowledgedbytheregularlyelectedofficersoftheCompanyintheirownproperpersons."(AdoptedOctober7, 1981 -TheHanoverInsuranceCompany;AdoptedApril14, 1982-MassachusettsBayInsuranceCompany;AdoptedSeptember7,2001-CitizensInsuranceCompanyofAmerica) INWITNESSWHEREOF, THEHANOVERINSURANCECOMPANY, MASSACHUSETTSBAYINSURANCECOMPANYandCITIZENSINSURANCECOMPANYOFAMERICAhavecausedthesepresentstobesealedwiththeirrespectivecorporateseals,dulyattestedbytwoVicePresidents,this 3rd day of April 2012. y,,,,,
k, THEHANOVERINSURANCECOMPANY
ifi. MASSACHUSETTSBAYINSURANCECOMPANY
z
M
lay,

40. `''
mas, Vice President

THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ss. Joe renstrom, is President
Onthis3rddayofApril2012beforemecametheabovenamedVicePresidentsofTheHanoverInsuranceCompany, MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,tomepersonallyknowntobetheindividualsandofficersdescribedherein,andacknowledgedthatthesealsaffixedtotheprecedinginstrumentarethecorporatesealsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica, respectively, andthatthesaidcorporatesealsandtheirsignaturesasofficersweredulyaffixedandsubscribedtosaidinstrumentby the authority and direction of said Corporations.

BARBARAA. GARLICK
7 Notary Public
Commonwealth of MassadwsNls
77 MyCommission Expitis Sept, 21, 2018 t
Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I,theundersignedVicePresidentofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica,herebycertifythattheaboveandforegoingisafull,trueandcorrectcopyoftheOriginalPowerofAttorneyissuedbysaidCompanies,anddoherebyfurthercertify that the said Powers of Attorney are still in force and effect.

ThisCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsofTheHanoverInsuranceCompany,MassachusettsBayInsuranceCompanyandCitizensInsuranceCompanyofAmerica.

RESOLVED,ThatanyandallPowersofAttorneyandCertifiedCopiesofsuchPowersofAttorneyandcertificationinrespectthereto,grantedandexecutedbythePresidentoranyVicePresidentinconjunctionwithanyVicePresidentoftheCompany,shallbebindingontheCompanytothesameextentasifallsignatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." ( Adopted October 7, 1981- The HanoverInsuranceCompany;AdoptedApril14,1982-MassachusettsBayInsuranceCompany;AdoptedSeptember7,2001-CitizensInsuranceCompanyofAmerica) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 5th day of March 2019.

THE HANOVER INSURANCE COMPANY

MASSACHUSETTSBAY INSURANCECOMPANY

CITIZENSINSURANCECOMPANYOFAMERICA
6nMargosian,Vice President
210

EXECUTEDIN TRIPLICATE)
Bond No.: 1074986
Contract No.:

Approved:

LABOR AND MATERIAL BOND
Tract Map No. 18479
WHEREAS,theCityCounciloftheCityofChino, StateofCalifornia, hereinafterdesignatedas"CITY"andRICHMOND AMERICAN HOMES,' hereinafter designated as " PRINCIPAL," have entered into an agreement wherebyPrincipalagreestoinstallandcompletecertaindesignatedpublicimprovements, whichsaidagreement,datedFebruary5th,2019, andidentifiedasProjectNo. TractMapNo. 18479, isherebyreferredtoandmadeaparthereof; and of Maryland, Inc.

WHEREAS,underthetermsofsaidagreement,Principalisrequired,beforeenteringupontheperformanceofthework,tofileagoodandsufficientpaymentbondwiththeCityofChinotosecuretheclaimstowhichreferenceismadeinTitle15(commencingwithSection3082)ofPart4ofDivision3oftheCivilCodeoftheStateofCalifornia.

NOW, THEREFORE, saidPrincipalandtheundersigned, ascorporatesurety, areheldandfirmlybounduntotheCityofChino, andallcontractors, subcontractors, laborers,material, men, andotherpersonsemployedintheperformanceoftheaforesaidagreementandreferredtointheaforesaidCodeofCivilProcedureinthesumofTwo Hundred Thirty- Nine Thousand Five Hundred Dollars($ 239,500.00)formaterialsfurnishedorlaborthereonof anykind, orforamountsdueundertheUnemploymentInsuranceActwithrespecttosuchworkorlabor, thatsaidsuretywillpaythesameinanamountnotexceedingtheamounthereinabovesetforth, andalsoincasesuitis broughtuponthisbond, willpay, inadditiontothefaceamountthereof, costsandreasonableexpensesandfees,includingreasonableattorneys'fees, incurredbyCityinsuccessfullyenforcingsuchobligation, tobeawardedandfixedbythecourt, andtobetaxedascostsandtobeincludedinthejudgmentthereinrendered.

Itisherebyexpresslystipulatedandagreedthatthisbondshallinuretothebenefitofanyandallpersons,companies, andcorporationsentitledtofileclaimsunderTitle15 (commencingwithSection3082) ofPart4of Division3oftheCivilCode, soastogivearightofactiontothemortheirassignsinanysuitbroughtuponthisbond.

Shouldtheconditionofthisbondbefullyperformed, thenthisobligationshallbecomenullandvoid,otherwise it shall be and remain in full force and effect.

Thesuretyherebystipulatesandagreesthatnochange, extensionoftime, alteration, oradditiontothe termsoftheagreementorthespecificationsaccompanyingthesameshallinanywayaffectitsobligationsonthisbond,anditdoesherebywaivenoticeofanysuchchange, extensionoftime, alteration,oraddition.

INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedbyPrincipalandSuretyabovenamed,on March 5 , 2019 TheHanoverInsuranceCompanyI CIPAL SURETY
By: By:

KathleenK. Freund, Attorney-in-Fact

SIGNATURE( S) MUST BE NOTARIZED
Document No. 16354( PWFORMS\ BONDS- L& Mkev. 04/ 2017)

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Chino City CouncilJuly 16, 2024

Chino City Council
July 16, 2024