Agenda packet — Chino City Council, November 19, 2024 (part 1 of 2)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers. Additionally, members of the public may submit electronic public comments to CityClerk@cityofchino .org no later than 4:00 p.m. on the day of the meeting. In your email, please include the meeting date, agenda item you are commenting on, and your comment. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record for the meeting specified in email received.

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

CHINO SENIOR CENTER
13170 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, NOVEMBER 19, 2024

REGULAR MEETING
AGENDA
OPEN SESSION – 6:00 PM
**PLEASE NOTE: THE NOVEMBER 19, 2024, CITY COUNCIL REGULAR MEETING WILL BE HELD AT THE CHINO SENIOR CENTER LOCATED AT 13170 CENTRAL AVENUE, CHINO, CA 91710**
_________________________________________________________________________________

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

FLAG SALUTE

CEREMONIALS
Proclamations
Great American Smokeout - Proclaim November 21, 2024, as the American Cancer Society's Great American Smokeout Day.

Presentations
Chino Colts Pop Warner 6U Football Team - Recognition of the Chino Colts who captured the Mt. Baldy Conference Division Championship.
1 CHINO CITY COUNCIL
NOVEMBER 19, 2024 2
Recognition of Chino Community Theatre’s 40th Anniversary and Donation from the Chino Valley Chamber of Commerce Leadership Academy - Recognition of Chino Community Theatre's 40th Anniversary and Donation Presentation.

Business of the Month - Award of Business of the Month for November 2024 to Martin Chiropractic.

Mayor’s Home Beautification Award - Award of Mayor’s Home Beautification Award for November 2024.

AGENDA ADDITIONS/REVISIONS

INFORMATION
External Agency Report for November 19, 2024. External Agency Report covering meetings from September 1 - 30, 2024.

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

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97-08 (Chino Municipal Code Section

2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2). If more than three (3) persons seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes.

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 773095 to 773295, and Electronic Fund Transfers 523254E to 523351E, totaling $5,144,099.12.

2. Minutes. Regular Meeting Minutes for November 5, 2024 (All Members Present).

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

4. Report on State and Federal Legislative Issues. Receive and file the Priority Legislative Items Report dated November 19, 2024.

5. Ordinance No. 2024-012 Second Reading - CFD 2003-3. Adoption of Ordinance No. 2024-012 on second reading, authorizing the levy of special taxes within Community Facilities District No. 2003-3 Improvement Area 11.

ORDINANCE NO. 2024-012 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO, ON BEHALF OF IMPROVEMENT AREA NO. 11 2 CHINO CITY COUNCIL
NOVEMBER 19, 2024 3
THEREIN, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 11 OF THE DISTRICT

6. Amendment to the Reimbursement Agreement with Inland Empire Utilities Agency (IEUA) for the Operations and Maintenance Costs of the Preserve Sewer Lift Station for a Five -Year Term in the total amount of $898,000. Approve an Amendment to the Reimbursement Agreement with the Inland Empire Utilities Agency (IEUA) for the operations and maintenance costs of the Preserve Sewer Lift Station for a five-year term in the total amount of $898,000.

7. Award a Professional Services Agreement to Onward Engineering and Hunsaker and Associates for Design Services for the Philadelphia Street Water Line Replacement and Walnut Avenue Water Line Replacement Project (WA242). Award a Professional Services Agreement to Onward Engineering for $136,103 for Design Services for the Philadelphia Street Water Line and to Hunsaker and Associates Irvine, Inc. for $149,830 for Design Services for the Walnut Avenue Water Line.

CONTINUED 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.

8. Amendment of the 2021 -2029 Housing Element Update and Introduction of Ordinance No. 2024-003 (ZOA PL23 -0133). Approve Resolution No. 2024 -004 for the adoption of amendments to the City of Chino 2021 -2029 Housing Element required by the California Department of Housing and Community Development; and approve the introduction of Ordinance No. 2024-003.

Staff Report By: Mike Hitz, Principal Planner
RECOMMENDATION: 1 ) Approve Resolution No. 2024 -004 adopting an amendment to the City of Chino 2021 -2029 Housing Element, including any additional non -substantive revisions required by the California Department of Housing and Community Development (HCD); 2) approve the introduction of Ordinance No. 2024 -003, to be read by number and title only, and waive further reading of the Ordinance; and 3) authorize the City Manager to file all documents with HCD on behalf of the City.

ORDINANCE NO. 2024-003 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SECTIONS 20.04.030, 20.09.090, AND 20.21.340 OF THE

CHINO MUNICIPAL CODE REGARDING OVERLAY DISTRICTS FOR AFFORDABLE HOUSING

AND SENIOR HOUSING PROJECTS

NEW BUSINESS

9. Police Helicopter Grant Funds/Award of Bids for Purchase and Completion of Police Helicopter.

Approval of Contract for Receipt of Grants Funds from San Bernardino County for Police Helicopter; Award of Bids for Purchase and Completion of Police Helicopter.

Staff Report By: Lieutenant Aaron Kelliher
3 CHINO CITY COUNCIL
NOVEMBER 19, 2024 4
RECOMMENDATION: 1) Establish and appropriate a project budget (IE259) in the amount of $3,703,336.49 for the Police Helicopter, consisting of $2,703,336.49 from Law Enforcement DIF Fund 231 and $1,000,000.00 of grant funding from San Bernardino County; 2) approve a contract with the County of San Bernardino to accept $1,000,000.00 in grant funding for the purchase of a police helicopter; 3) award a contract to Bell Helicopters Textron of Fort Worth, Texas, in the amount of $2,166,585.00 for the purchase of a new Bell 505 Police Helicopter; 4) award a contract to Hangar One Avionics of Carlsbad, California, in the amount of $1,347,175.50 for the purchase and installation of critical police mission equipment on a new Bell 505 Police Helicopter; 5) approve payment of California Use Tax to the California Department of Tax and Fee Administration in the amount of $189,576.19 for the out -of-state purchase of a police helicopter; and 6) authorize the City Manager to sign the required documents on behalf of the City.

10. Construction Credit/Reimbursement Agreement with Chino Development Corporation and Chino Preserve Development Corporation for the Construction of Circulation (Streets, Signals & Bridges) Development Impact Fee Improvements at Various Locations in The Preserve.

Approve a construction credit/reimbursement agreement with Chino Development Corporation and Chino Preserve Development Corporation for an amount not to exceed $35,131,528.37 for the construction of various streets and traffic signals in The Preserve.

Staff Report By: Sylvia Ramos, Contracts & DIF Administrator RECOMMENDATION: 1) Appropriate $4,000,000 to the Transportation Fund and schedule a corresponding year-end transfer in the same amount from The Preserve Circulation (Streets, Signals & Bridges) Development Impact Fee Fund (Fund 260); 2) adopt Resolution 2024 -057 memorializing the developer’s rights to the highest priority reimbursement from The Preserve Circulation (Streets, Signals & Bridges) Development Impact Fee Fund (Fund 260); 3) approve a construction credit/reimbursement agreement with Chino Development Corporation, a California corporation and Chino Preserve Development Corporation, a California corporation for an amount not to exceed $35,131,528.37 for the construction of Circulation (Streets, Signals & Bridges) Development Impact Fee improvements at various locations in The Preserve; 4) approve a reimbursement to Chino Development Corporation, a California corporation in the amount of $4,000,000 for said improvements; and 5) authorize the City Manager to execute all the necessary documents on behalf of the city.

MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assignment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.

Mayor Ulloa
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
4 CHINO CITY COUNCIL
NOVEMBER 19, 2024 5
Police Chief's Report
Director's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, December 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 Friday, November 15, 2024 this agenda was posted on the south window of Chino City Hall and at the Chino Senior Center, 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.
5 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024

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

RECREATION

SUBJECT
..titl e
Proclaim November 21, 2024, as the American Cancer Society’s Great American Smokeout Day.
..end
..body

6 7

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024

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

RECREATION

SUBJECT
..titl e
Chino Colts Pop Warner 6U Football Team
..end
..body

8 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024

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

RECREATION

SUBJECT
..titl e
Recognition of Chino Community Theatre’s 40th Anniversary and donation from the Chino Valley Chamber of Commerce Leadership Academy
..end
..body

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The subject 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:
 Commitment to Our Community
 Public Service Excellence through Internal and External Partnerships

9 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024

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

SUBJECT
..titl e
Business of the Month.
..end
..body

10 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024

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

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

11 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024

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

SUBJECT
..titl e
External Agency Report for November 19, 2024.
..end
..body

RECOMMENDATION
..titl e
Receive and file the External Agency Report for November 19, 2024.

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 External Agency Report for November 19, 2024 summarizes recent discussions and actions during external meetings attended by City Counci l Members. It focuses on items that may impact or be of interest to the City of Chino, its residents, and its businesses.

The November 19, 2024 report covers meetings that occurred from September 1, 2024, to September 30, 2024.

12 CITY OF CHINO

MONTHLY AGENCY REPORTS
NOVEMBER 19, 2024 - Covering meetings from September 1 through September 30 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: September 17, 2024
• 2024-2025 Budget was approved.
• 2024-2025 Meetings will be held quarterly on the third Tuesday of the month at 2:00 p.m. (12/17/2024, 3/18/2025, 6/17/2025)
• The committee discussed rates and comparison rates of nearby venues. The event Coordinator will conduct a survey, share findings, and make recommendations at the next meeting. • A request was made to review the audio system to determine if upgrades are warranted.

Next anticipated meeting date: December 17, 2024
Chino Valley Chamber of Commerce
Council Representative: Christopher Flores | Staff Report By: Ellyse Martinez Meeting Date: September 16, 2024
On Thursday, September 19 , Ellyse Martinez and Denise Pohl attended the Chamber - Youth Museum Mixer.

Staff met with and networked with local businesses, while also supporting the Youth Museum.

Next anticipated meeting date: October 21, 2024

CHINO BASIN DESALTER AUTHORITY
Council Representative: Eunice Ulloa | Staff Report By: Natalie Ávila No meeting during this reporting period.

Next anticipated meeting date: October 3, 2024

CHINO BASIN WATERMASTER
Council Representative: Eunice Ulloa | Staff Report By: Natalie Ávila Meeting Date: September 26, 2024
Consent Calendar
The Watermaster Board approved the Consent Calendar that included receipt of routine financial information reports, the adoption of a Semi -Annual OBMP Status Report, a few water transactions between various stakeholders, and the adoption of a Resolution re cognizing Water Professional’s Appreciation Week during October 5th-13th.
13 MONTHLY AGENCY REPORTS – NOVEMBER 19, 2024 (Covering Meetings from 9/1/24 – 9/30/24) PAGE 2

Business Items
Emerging Contaminants Monitoring Plan (ECMP) was presented. As part of the Optimum Basin Management Plan, ECMP contemplates ways to develop and implement cooperative programs during fiscal year 2024/2025 with the Regional Water Quality Control Board and other agencies to improve Basin management.

Reports / Updates
The Board received Watermaster staff verbal reports from the Legal Counsel, Engineer, and General Manager.

A report by the Legal Counsel on ligation matters indicated to the Board that there have been no substantial changes. Additionally, the Engineer repo rted an upcoming Ground -Level Monitoring Program meeting scheduled for October 3rd to discuss the anticipated report to be filed with the Court in November with findings of a notable decrease in subsidence and ongoing efforts on the Safe Yield Recalculation.

Lastly, the General Manager introduced a new staff member . He reported that the State celebrated 10 years of the Groundwater Sustainability Act, during which Watermaster implemented several programs to implement Chino Basin health , including the recharge of about 150,000 acre -feet during that period. Future collaboration with the Chino Desalter Authority about future capital cost, Storage and Recovery Program will be discussed regarding a near sunset of the current program , and the changes related to the College Heights Basin use and operation will be evaluated based on the proposed development in the Claremont area.

Information
Recharge Investigations and Projects Committee reported that the continued construction status of the Wineville/Jurupa/RP3 Basin Improvement project is 85% complete . Several other projects to clean basins to increase infiltration rates are ongoing. A summary of the recharged water from last fiscal year estimated that nearly 75,000 acre-feet in total infiltrated back into the groundwater.

Next anticipated meeting date: October 24, 2024
CHINO VALLEY INDEPENDENT FIRE DISTRICT Liaison to Board of Directors Council Representative: Karen Comstock | Staff Report By: Linda Reich Meeting Date: September 18, 2024 Special Board Meeting
MOU Between the Chino Valley Professional Firefighters , Local 3522 Safety Unit and the CVIFD – On September 18, the CV IFD Board approved on a 3 -0-1-1 voice vote to approve and ra tify the MOU and amended Salary Schedule, with Board Members Luth, Ramos-Evinger, and Haughey voting Aye ; DeMonaco abstaining; and Kreeger absent.

Provisions of the MOU include:
• Term is retroactive from July 1, 2024, through June 30, 2027. • Salary Increases - Provides Firefighters/Paramedics, Engineers, and Captains o 5% salary retroactive increase effective July 1, 2024. o 5% salary increase effective the first pay period of July 2025. o 3% salary increase effective the first pay period of July 2026. • Education pay - Retroactively, effective July 1, 2024, increases the education pay 14 MONTHLY AGENCY REPORTS – NOVEMBER 19, 2024 (Covering Meetings from 9/1/24 – 9/30/24) PAGE 3

o by $50 per month for employees possessing an Associate's or a B achelor’s degree in a job - related field, to $150 and $250 per month, respectively o by $50 per month, to $275 per month, for investigators who have completed all facets of the District Shift Investigator program
o by $50 per month, to $275 per month, for active members of Urban Search and Rescue (USAR) program
o by $150 per month, to $375 per month, for Paramedics
o by $150 per month, to $300 per month, for Emergency Medical Technicians o by $100 per month, to $275 per month, for members of the Hazardous Materials Team. • Post-Employment Health Plan - The District and union agreed to continue negotiations regarding modifications to the post-employment defined-contribution health reimbursement arrangement. • Leave Cash-Outs - Changes the timeline to request various leave cash-outs and directions to 457(b) plan.
• Jury Duty Pay - Changes jury duty pay from base pay to regular rate of pay. • Health Benefit Cafeteria – Increased the maximum monthly contribution provided by $350 per month, to $1,815 effective July 1, 2024; by an additional $135 to $1,950 effective the first pay period in July 2025; and by $250 to $2,200 effective the first pay period in July 2026. • Staffing – Increases the minimum staffing as follows:
o On-duty shift personnel, from 33 to 35.
o Beginning October 1, 2024 or upon implementation of the CONFIRE JPA Ambulance program, raises the minimum staffing level to 38 on-duty shift personnel, composed as specified. o Allows the composition of Strike Team responses to be modified from the specified based on the nature of the incident and the needs of the district.

The budget impacts of the MOU were not provided.

Chino Valley Independent Fire District And Chino Valley Professional Firefighters, Local 3522 Drug and Alcohol Policy – The CVFD and CVPF agreed to continue to discuss the policy for drug testing options for marijuana and testing for steroids. The only change made to the policy is to specify that the testing to take place during the months of February, March, or April each year is for alcohol and all drugs except for marijuana.

Meeting Date: September 25, 2024 Special Board Meeting
The new CVFD Chaplain, Yan Ling Wong, was introduced.

The Board adopted the Consent Calendar (4-0, with DeMonaco absent), which included an informational item containing a letter from the CVFD to Governor Newsom supporting the City of Chino’s sponsored legislation, SB 536 (Rubio).
15 MONTHLY AGENCY REPORTS – NOVEMBER 19, 2024 (Covering Meetings from 9/1/24 – 9/30/24) PAGE 4

Fire Chief Report
• CVFD staff participated in numerous public events, including the City of Chino Emergency Preparedness Fair and the City of Chino Inclusion Community Celebration. • Regarding the CONFIRE ambulance contract, the court granted the motion for a preliminary injunction on behalf of AMR .

Next anticipated meeting date: October 9, 2024

CHINO VALLEY UNIFIED SCHOOL DISTRICT
Council Representative: Curtis Burton | Staff Report By: Vivian Castro Meeting Date: September 5, 2024
This was the CVUSD Board’s first meeting in its new Board room at the new headquarters on Ramona Avenue.

Resolution 2024/2025-19, Opposing the Role of School Districts as Land Developers and Landlords – The item resolves that CVUSD formally opposes any initiative or legislation that mandates or encourages school districts to engage in land development or act as landlords and that CVUSD will not participate in ventures or activities that divert attention from the district’s educational mission . Moved (Na), seconded (Cruz), motion carried (4- 1, Bridge voted no) to adopt Resolution 2024/2025-19.

Resolution 2024/2025-2 0, Opposing the Community Schools Initiative and Declaring Non-Participation - Passed on a 4-1 vote, with Na, Monroe, Shaw, and Cruz voting yes, Bridge voting no, to adopt Resolution 2024/2025- 20, as recommended by Board President Sonja Shaw. It resolves that the Board opposes the implementation of the Community Schools Initiative within the District, rejects partnerships with organizations like Planned Parenthood and any other similar entities, maintains that the primary focus of schools must be on education, and other provisions.

New Board Policy Philosophy, Goals, Objectives & Comprehensive Plans 0100.1 —N o Deception - The Board received for information a new policy submitted by Board President Shaw. The policy states:
“Chino Valley Unified School District ( CVUSD) is committed to m aintaining its historical culture of transparency and trust between itself, employees, and the families it serves. To uphold these values, CVUSD and its employees shall at all times be t ruthful and honest and not misrepresent, either directly or by omission, to any parent or guardian any school-related undertakings and information that affects their child’s education and well-being.

The Chino Valley Unified School District is committed to:
• full transparency: all communications with parents and guardians will be truthful, accurate, and complete.

Staff shall provide all relevant information, even if not directly requested by the parent or guardian, when it pertains to the health, safety, and education of their child. • no omission: withholding information or providing partial i nformation that may mislead or create a false understanding is strictly prohibited.”
Meeting Date: September 19, 2024
Public Comments - Chino Council Member Curtis Burton provided information on upcoming City of Chino 16 MONTHLY AGENCY REPORTS – NOVEMBER 19, 2024 (Covering Meetings from 9/1/24 – 9/30/24) PAGE 5

events, including the Healthy Chino 20 th anniversary celebration, the Making Strides Against Breast Cancer event, and the Chino Community Art Box program, which is accepting submissions.

New Board Policy Philosophy, Goals, Objectives & Comprehensive Plans 0100.1 —No Deception – The Board received as an informational item a revi sed version of the “No Deception” policy that was introduced on September 5. There were substantial public and Board comments on this item.

Board Policy and Administrative Regulation 6158 Instruction – I ndependent Study – The Board received information on the update to Board Policy and Administrative Regulation 6158, which reflects changes included in Senate Bill 153, as follows: repeals the three-day minimum duration for school districts and county offices of education to claim independent study average daily attendance; allows written agreements for short-term independent student to be signed at any point during the school year; and defines long-term independent study as 16 days or longer, previously 15 days.

Bo ard Comments - Board Member Monroe discussed meeting with the City of Chino regarding various programs, as well as increasing and bolstering relationships with law enforcement officers and District security officers.

Next anticipated meeting date: October 3, 2024
CHINO VALLEY UNIFIED SCHOOL DISTRICT – Measure G Oversight Committee Council Representative: Karen Comstock | Staff Report By: Silvia Avalos Meeting Date: September 4, 2024
Chino High School Aquatic Center received new equipment and utility upgrades, concrete grandstands and lighting, and a replastering of the pool, while the original gymnasium was outfitted with new lighting, HVAC upgrades, and a critical new storm drain system. The original boy’s locker room was fully renovated and turned into band and athletics storage and team room.

Legacy Academy opened its doors on July 8, 2024. Work on the interior of the campus has been completed, but contractors continue to work on the site’s field turf area.

Borba, Marshall, and Walnut Elementary Schools: All three sites opened their new Administration offices to staff, students, and the community just in time for the 2024-2025 school year.

Don Lugo High School – Construction broke ground over the summer for their new Administration Building, Kitchen, and Pool Renovations:

Next anticipated meeting date: October 30, 2024
CITIZEN’S COMMITTEE FOR CIM & CIW
Council Representative: Marc Lucio | Staff Report By: Ted Olden No meeting during this reporting period.

Next anticipated meeting date: October 8, 2024

17 MONTHLY AGENCY REPORTS – NOVEMBER 19, 2024 (Covering Meetings from 9/1/24 – 9/30/24) PAGE 6

INLAND EMPIRE UTILITIES AGENCY
Council Representative: Eunice Ulloa | Staff Report by: Hye Jin Lee No meeting during this reporting period.

Next anticipated meeting date: October 3, 2024
LEAGUE OF CALIFORNIA CITIES – I nland Empire Division
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez Meeting Date: September 17, 2024
City staff from the Administration Department attended the IE Division meeting held at the ESRI campus in Redland. ESRI is a geographic information system (GIS) software company best known for its ArcGIS products.

It is one of the largest suppliers of GIS software, web GIS , and geodatabase management applications in the world. During the meeting, ESRI staff presented the various GIS applications and data layers available to local governments.

Since the meeting, the Assistant C ity Manager and Deputy City Manager met with ESRI representatives to discuss an executive briefing of Chino staff on available GIS tools and resources.

Next anticipated meeting date: November 22, 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: None. The IE Legislative Task Force is no longer in existence.

League of California Cities Annual Conference, October 16-18, 2024 Several Council Members and City staff attended the League of California Cities Annual Conference in Long Beach. The conference consisted of numerous meetings of various issues and regional committees of the membership, as well as workshops and keynote speaker presentations. Mayor Pro Tem Karen Comstock was elected as Vice President of the Inland Empire Division during the conference.

A meeting of the League’s Generally Assembly was scheduled to vote on Friday, October 18 , but could not do so due to a lack of a quorum.

OMNITRANS BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: September 4, 2024
The Board received an update on Key Performance Indicators. Systemwide ridership is up almost 13% over the same quarter last year, on -time performance for the Fixed Route service is at 79.8% while OmniAccess is at

94.3%, and ride satisfaction rating is 89.7% positive.
18 MONTHLY AGENCY REPORTS – NOVEMBER 19, 2024 (Covering Meetings from 9/1/24 – 9/30/24) PAGE 7

The Board also received a report on the systemwide cost per passenger, which is estimated to be $13.21. Fixed route service operates at the lowest cost per passenger ($9-$15), while services like OmniRide ($74.41) and OmniAccess ($78.84) operate at higher costs per passenger.

Next anticipated meeting date: October 2, 2024

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: TBD

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 23, 2024
SBCTA – San Bernardino Co. Transportation Authority Board of Directors Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: September 4, 2024
The Board approved an update on the Measure I Valley Freeway Interchange Phasing Project. This long -term 2016 initiative identified several freeway interchanges in the County and dedicated Measure I funding to these potential freeway interchange projects on a first-come, first-serve basis. This project helped fund the recently completed SR-60 / Central Avenue Bridge project in Chino. SBCTA had reached out to its member agencies to help identify remaining projects on the previously approved list that are likely to be built within the current Measure I timeframe, which is set to expire in 2040. No other interchanges were allowed to be added to the previously approved list. Other interchanges in the Chino area currently approved for this funding include:
• SR-60 / Ramona Avenue (Chino)
• SR-60 / Mountain Avenue (Chino/Ontario)
• SR-60 / Euclid Avenue (Ontario)
Chino staff is not aware of any other freeway interchange projects in the works that are also on this list . After consultation with the member agencies, SBCTA identified the following interchanges as likely projects to be built, allocating the remaining funding to these projects:
• I-10 / Wildwood Canyon (Yucaipa)
• SR-210 / Waterman Avenue (City of San Bernardino)
• SR-210 / 5th Street (Highland)
• SR-60 / Euclid Avenue (Ontario)

19 MONTHLY AGENCY REPORTS – NOVEMBER 19, 2024 (Covering Meetings from 9/1/24 – 9/30/24) PAGE 8

With these identified projects, the SBCTA Board approved allocating $23M in Measure I funding to the projects listed above for this project.

Next anticipated meeting date: October 2, 2024
SBCTA – City Selection Committee
Council Representative: Eunice Ulloa | Staff Report by: Jackie Melendez No meeting during this reporting period.

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

Next anticipated meeting date: May 1-2, 2025

SANTA ANA WATERSHED ADVISORY COUNCIL
Council Representative: Chris Flores | Staff Report by: Natalie Ávila No meeting during this reporting period.

Next anticipated meeting date: TBD

WATER FACILITIES AUTHORITY BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report by: Natalie Ávila Meeting Date: September 19, 2024
Consent Calendar
The Board of Directors approved the Consent Calendar on a 4 -0 vote that included receipt of routine financial information reports and the authorization for an agreement with Guardian to provide long -term disability insurance for Authority staff. One item was pulled from the consent for discussion regarding the authorization for discretionary payment against the CalPERS's unfunded accrued liability which passed on a vote.

Discussion / Possible Action
Moss, Levy, & Hartzheim, LLP presented the Annual Financial (Audit) Report for the Fiscal Year ending June 30, 2024, and reported minor discrepancies. The item was passed with one abstention to authorize staff to distribute copies to member agency financia l managers. The Board also adopted a Resolution amending the Conflict-of-Interest Code.

Reports / Updates
The General Manager and Legal Counsel reported that the Authority is in negotiation for audit/treasurer professional services. Additionally, the General Manager reported that the WFA sufficiently imported water from MWD to fulfill delivery obligations to the WFA member agencies.

Next anticipated meeting date: November 21, 2024
20 MONTHLY AGENCY REPORTS – NOVEMBER 19, 2024 (Covering Meetings from 9/1/24 – 9/30/24) PAGE 9

West Valley Mosquito and Vector Control District
Council Representative: Chris Flores | Staff Report by: V ivian Castro Meeting Date: September 24, 2024
The Consent Calendar was approved unanimously.

West Valley MVCD reported on the following:

On September 28, the monthly meeting of West Valley MVCD with the City of Ontario regarding the Mill Creek Wetlands was held. The Wetlands naturally treat runoff from a 77-square mile drainage area that includes the Cities of Ontario, Chino, Rancho Cucamonga, and Upland. In addition to water quality , the natural wetland system provides recreation trails and habitat restoration . It is in the Prado Basin in Chino. The project is the result of a multi -agency partnership and is operated by the City of Ontario. The group discussed the ongoing annual vegetation removal and vector access paths.

The WVMVCD met with the US Army Corps on September 6 regarding the Yorba-Slaughter Adobe House basin in the City of Chino. The basin access paths for mosquito inspections and treatments were reviewed. The Army Corps agreed to continue using the aerial overview map provided as a goal for regular access. San Bernardino County Regional Parks will schedule work crews to begin access paths as soon as possible.

During August 2024, West Valley MVCD reported 31 (26.5%) service calls attributable to Chino, 380 (26.5%) vector inspections, and 361 (23.4%) treatments. 46% of the mosquitos collected were from Chino.

The West Valley MVCD did not participate in City of Chino events or activities during the reporting period.

Next anticipated meeting date: October 22, 2024
West End Animal Services Agency - JPA
Council Representative: Curtis Burton | Staff Report by: Rogelio Huerta Meeting Date: August 22, 2024
The City of Chino and the City of Ontario joined forces in July 2024 to establish the West End Animal Services Agency Joint Powers Authority (JPA). This collaborative effort aims to provide comprehensive animal services to both cities. To oversee this new agency, Council Member Burton from Chino was selected to represent Chino on the JPA Board of Directors. Mayor Paul Leon and Mayor Pro Tem Debra Porada from the City of Ontario were chosen to represent Ontario. Jordan Villwock, Management Services Director of Ontario, was appointed as the Interim Executive Director of the JPA.

The West End Animal Services Agency Board of Directors held a special meeting on August 22, 2024, to address key organizational matters. The Board elected JPA Director and Ontario Mayor Paul Leon as Chair and Director Curtis Burton as Vice Chair. The Board authorized the Interim Administrator to negotiate and execute a 22 - month contract with the City of Ontario for administrative services not to exceed $220,000. Additionally, the Board authorized the Interim Administrator to execute a one -year legal services agreement with Best Best & Krieger LLP for up to $180,000. The Board adopted a resolution approving the Agency's administrative policies and procedures, including board compensation, staff, operations, claims, real property procedures, and incorporation of existing City of Ontario policies. The first Thursday of every month at 9:00 AM was established as the regular meeting cadence for the Agency. The Board appointed the Interim Administrator, 21 MONTHLY AGENCY REPORTS – NOVEMBER 19, 2024 (Covering Meetings from 9/1/24 – 9/30/24) PAGE 10

Treasurer/Controller, and Secretary. Lastly, the Board authorized the Interim Administrator to negotiate a lease agreement for a temporary shelter facility at 1630 Shearwater Street, Ontario, for a 36 -month term with optional two-year extensions.

Next anticipated meeting date: October 3, 2024
22 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: NADYNE LOWRY, ACTING DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 773095 to 773295, and Electronic Fund Transfers 523254E to 523351E, totaling $5,144,099.12. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 24-25 Operating Budget.

Revenue:

Expenditure:

Transfer In: Transfer Out:
23 CITY COUNCIL MEETING DATE: NOVEMBER 19, 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 CHECK DATE FY AMOUNT

1. 773095 – 773203 10/24/24 24-25 $1,194,126.91

2. 773204 – 773295 10/31/24 24-25 $519,555.21

3. 523254E – 523306E 10/25/24 24-25 $935,422.45

4. 523307E – 523351E 11/01/24 24-25 $2,494,994.55

TOTAL $5,144,099.12

E: Electronic Fund Transfers

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

Attachment

24 Check Date Ve ndor Name D escription Am ount
10/24/2024 BRIGHTLIFE DESIGNS, LLC RENTAL OF CITY HALL HOLIDAY TREE $64,964.25 10/24/2024 METROCELL CONSTRUCTION INC. G 7241 - KIMBALL MEDIAN IMPROVE $125,766.08 10/24/2024 WASTE MANAGEMENT REFUSE COLLECTION $554,376.60 Subtotal $745,106.93
10/31/2024 ALESHIRE & WYNDER LLP CITYWIDE - CITY ATTORNEY SERVICES $50,787.25 10/31/2024 INLAND EMPIRE ESCROW HOME IMPROVEMENT LOAN AND GRANT $74,375.00 10/31/2024 WASTE MANAGEMENT LANDFILL/ORGANICS $92,155.94 Subtotal $217,318.19
10/25/2024 ALLISON MECHANICAL INC PFD/PD CHILLER #1 REPLACEMENT $52,297.00 10/25/2024 CALGON CARBON CORPORATION GAC - FOR THE CALGON TREATMENT $55,976.00 10/25/2024 INLAND EMPIRE UTILITIES AGENCY BPO - NON-RECLAIMABLE WASTEWATER $54,885.78 10/25/2024 MERCHANTS LANDSC APE SERVICES INC SEPTEMBER 2024 ROUTINE LANDSCAPE $50,413.02 10/25/2024 WATER FACILITIES, AUTHORITY (JPA) BPO - FY24-25 IMPORTED WATER PURCHASE $548,530.46 Subtotal $762,102.26
11/01/2024 DELL MARKETING LP CENTRAL SVCS-MICROSOFT LICENSES $399,076.08 11/01/2024 HARDY & HARPER INC ST241 - FY24 STREET REHAB ASPHALT $1, 028,938.48 11/01/2024 INLAND EMPIRE UTILITIES AGENCY BPO - SEWAGE TREATMENT SERVICE $884,742.71 11/01/2024 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $64,828.00 Subtotal $2,377,585.27
GRAND TOTAL $4,102,112.65

CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Council Meeting 11/19/2024
523330
523331
773104
773161
773197
523261
523257
523282
523289
523303
523318
523325
773208
773259
773293
25 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024

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

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

26 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, NOVEMBER 5, 2024

MINUTES
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The November 5, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:03 pm by Mayor Eunice M. Ulloa in the Council Chambers.

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

FLAG SALUTE
Council Member Lucio led the Pledge of Allegiance.

CEREMONIALS
Proclamations
Purple Heart City - Proclamation to reaffirm the City of Chino's proud commitment to be a Purple Heart City along the Purple Heart Trail to honor the service and sacrifice made to preserve our freedom.

Mayor Ulloa read the Proclamation to reaffirm the City's proud commitment to be a Purple Heart City and presented it to David Metoyer, U.S. Marine Corps, Corporal E4, Vietnam; Alex Ortiz, U.S. Army, Sergeant E6, Vietnam; and Dennis Murillo, U.S. Army, Specialist E5, Vietnam.

Law Enforcement Records and Support Personnel Day - Proclaim November 14, 2024 as Law Enforcement Records and Support Personnel Day.

Mayor Ulloa read the Proclamation designating November 14, 2024, as Law Enforcement Records and Support Personnel Day in Chino and presented it to Police Chief Kevin Mensen, Amanda Tamparong, Police Records & Evidence Supervisor; Michelle Ogilby, Police Records & Evidence Coordinator; and Jordan Frost, Police Records Technician.

Presentations
Inclusion Community Celebration - Recognition of the City's partnerships with non -profit organizations for the Inclusion Community Celebration.
27 CHINO CITY COUNCIL
NOVEMBER 5, 2024 2
Mayor Ulloa introduced a video from ABC 7 News highlighting the City's Inclusion Community Celebration event. Certificates of recognition were presented by Mayor Ulloa and Silvia Avalos, Director of Community Services, Parks & Recreation to the event partner organizations accepted by Felicia Guzman of Adrian's World Inc.; Melissa Cardona, of Autism Society Inland Empire; Christina Dang, of Behavior Highway; and Tony Verches, of Love Them All Foundation.

Team Chino Softball Team Recognition - Recognition of Team Chino's First Place Win in the First Responders Softball Tournament hosted by Los Angeles Police Department supporting the Special Olympics of Southern California.

Mayor Ulloa announced the Chino Police Department Softball Team placed First Place at the Annual First Responders Softball Tournament, hosted by the Los Angeles Police Department, in support of the Special Olympics of Southern California. Adrian Lopez of the Los Angeles Police Department/Special Olympics Board Member and Chino Police Chief Kevin Mensen were present to congratulate the Chino Softball Team. The team presented Mayor Ulloa with an honorary team jersey.

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

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:

Bark Around Ayala Park, Saturday, November 9, 2024, from 9:00 a.m. to 12:00 p.m. at Ruben S. Ayala Park, 5575 Edison Avenue. For more information, visit www.cityofchino.org/bark.

Veterans Day Ceremony, Monday, November 11, 2024, at Liberty Courtyard, 5443 B Street.

For more information, visit www.cityofchino.org/veteransday.

City Hall will be closed on Monday, November 11, 2024, in observance of Veterans Day and will reopen on Tuesday, November 12, 2024.

Tree Lighting Ceremony and Santa's Workshop, Saturday, December 7, 2024, from 4:00 -8:00 p.m., at Chino City Hall Lawn. For more information, visit www.cityofchino.org/treelighting.

Chino Youth Christmas Parade & Fair, Saturday, December 14, 2024, from 9:00 a.m. to 2:00 p.m. The Holiday Fair and Carnival will take place at City Hall Lawn. The Chino Youth Museum will celebrate their 25th anniversary and will transform to Santa's Village from 9:00 a.m. to 2:00 p.m. For more information, visit www.cityofchino.org/parade.

PUBLIC COMMENTS
Mayor Ulloa provided an announcement for speakers in attendance regarding the project at Euclid and Schaefer Avenues. She explained the item is not part of the meeting agenda and encouraged residents to visit the website www.cityofchino.org/orbis and attend the upcoming neighborhood meeting regarding the project so their comments and concerns can be made a part of the official record for the project.

Pastor Joel Pickett, Calvary Chapel Chino Hills, provided the invocation.

Yvette Gasso, Representative of the Cultural Foundation, invited residents to their Artist 28 CHINO CITY COUNCIL
NOVEMBER 5, 2024 3
Showcase event, on Thursday, November 7, 2024, from 6:00 - 9:00 p.m. at Centro Basco restaurant.

Steve Elie, Director, Inland Empire Utilities Agency (IEUA), provided an update on the services provided by IEUA and offered to provide a tour of Regional Plant 5.

Michelle Betke, Chino resident, spoke in opposition of the project at Euclid and Schaefer Avenues.

Hector Aguirre, Chino resident, spoke in opposition of the project at Euclid and Schaefer Avenues.

Greg Duncan, Chino resident, spoke in opposition of the project at Euclid and Schaefer Avenues and expressed concern regarding proposed Ordinance 2024-003.

Susan Fekete, Chino resident, spoke in opposition of the project at Euclid and Schaefer Avenues.

Alexander Quisan, Chino resident, spoke in opposition of the project at Euclid and Schaefer Avenues.

Chino resident, spoke in opposition of the project at Euclid and Schaefer Avenues.

Lisa Mejri, Chino resident, spoke in opposition of the project at Euclid and Schaefer Avenues.

Maria Torres, Chino resident, spoke in opposition of the project at Euclid and Schaefer Avenues.

Mayor Pro Tem Comstock thanked the residents for their comments regarding the project at Euclid and Schaefer Avenues and noted the City Council is unable to discuss the project due to the item not being on the agenda. She encouraged residents to attend the upcoming neighborhood meeting with the developer and also attend the Planning Commission meeting to ensure the concerns can be considered when the item is presented to the Commission.

Mayor Ulloa requested Public Hearing Item No. 17 be heard prior to other agenda items.

Public Hearing Item #17 was pulled and heard prior to the Consent Calendar.

PUBLIC HEARING

17. Amendment of the 2021 -2029 Housing Element Update and Introduction of Ordinance No. 2024-003 (ZOA PL23 -0133). Approve Resolution No. 2024 -004 for the adoption of amendments to the City of Chino 2021 -2029 Housing Element required by the California Department of Housing and Community Development; and approve the introduction of Ordinance No. 2024-003.

Staff Report By: Mike Hitz, Principal Planner
RECOMMENDATION: 1) Approve Resolution No. 2024 -004 adopting an amendment to the City of Chino 2021 -2029 Housing Element, including any additional non -substantive revisions required by the California Department of Housing and Community Development (HCD); 2) approve the introduction of Ordinance No. 2024 -003, to be read by number and title only, and waive further reading of the Ordinance; and 3) authorize the City Manager to file all documents with HCD on behalf of the City.
29 CHINO CITY COUNCIL
NOVEMBER 5, 2024 4
Mayor Ulloa opened the public hearing.

Mike Hitz, Principal Planner, provided a presentation on the item.

City Attorney Fred Galante presented case examples to highlight where other cities have banded together to challenge the California Department of Housing and Community Development (HCD) Regional Housing Needs Assessment (RHNA) allocation number requirements and were unsuccessful. Mr. Galante explained the provisions of the Builder's Remedy.

Discussion ensued between City Council members, Staff, and the City Attorney regarding options to revise the proposed Ordinance to address property setbacks and building height concerns of development projects.

Mayor Pro Tem Comstock provided background information to the audience regarding the state requirements to adopt a certified housing element.

Council Member Burton shared the many efforts of the City Council to approve a housing element that fits the needs of the Chino Community.

Mayor Ulloa requested public comments from the audience.

Prior to the meeting, two email public comments were received from Robert Nigg and Greg Duncan, provided to the City Council, and saved to the meeting record.

Susan Fekete, Chino Resident, spoke on behalf of her neighbor Mr. Nigg, who is currently out of the country, in opposition of the proposed amendment of the Housing Element update and introduction of Ordinance 2024-003.

Michelle Betke, Chino Resident, spoke in opposition of the proposed amendment to the Housing Element update and introduction of Ordinance 2024-003.

Miguel Gutierrez, Chino Resident, spoke in opposition of the proposed amendment to the Housing Element update and introduction of Ordinance 2024-003.

Lisa Mejri, thanked the City Council for the information they provided to residents regarding the Housing Element update and proposed Ordinance.

Daniel Medrano, Chino resident, inquired about the requirements and zoning for affordable housing.

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

Mayor Ulloa asked clarifying questions about the implications if the proposed Ordinance is modified, not approved, or adopted as presented and changed at a later date.

Mayor Ulloa requested a motion to approve the item as presented.

A motion was made by Council Member Burton, to approve the proposed amendment to the Housing Element and the introduction of Ordinance No. 2024 -003. The motion failed for a lack of a second.
30 CHINO CITY COUNCIL
NOVEMBER 5, 2024 5
Council Member Lucio expressed the concern of residents having the opportunity to attend the meeting due to it being election night and would like to allow another opportunity for the residents to attend.

Mayor Ulloa reopened the Public Hearing to continue the item to the next regular City Council Meeting on November 19, 2024 at 6:00 p.m.

Motion by Council Member Lucio, seconded by Council Member Flores, to continue Public Hearing Item No. 17 to the November 19, 2024 regular City Council meeting. The motion carried by the following vote:

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

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 772810 to 773094, and Electronic Fund Transfers 523135E to 523253E, totaling $8,109,931.24.

2. Minutes. Regular Meeting Minutes for October 15, 2024 (All Members Present).

4. City Holiday Closure 2024. Approval of City Hall Closure and Essential Services for December 26-30, 2024.

5. Adoption of Ordinance No. 2024 -011. Approve adoption of Ordinance No. 2024 -011 (Second Reading) amending Chapter 2.16.010 of the Chino Municipal Code (Mayor and Council Members) setting the monthly compensation for the Mayor at $3,348.53 and each of the four (4) Council Members at $2,796.26

6. Amendment No. 1 to Memorandum of Understanding with San Bernardino County - Inspection and Permitting to have County extend services to the East End Annexation Area and other projects pending annexation. Amendment No. 1 to Memorandum of Understanding with San Bernardino County - Inspection and Permitting to have County extend services to the East End Annexation Area and other projects pending annexation.

7. California Extended Water and Wastewater Arrearage Payment Program Grant Acceptance.

Accept and Approve the use of $241,324.30 of Grant Funds as outlined by the State of California under the California Extended Water and Wastewater Arrearage Payment Program to pay past due monthly bills for Water (drinking) and Wastewater Service.

8. Approval of the City’s Classification and Compensation Schedule as updated to reflect the FY 2024/25 Cost-of-Living Adjustment approved by City Council in October 2023. Adopt Resolution No. 2024 -053 approving a Cost -of-Living Adjustment for job classifications represented by the Chino Police Officers Association (CPOA), Chino Police Management Association (CPMA), and Unrepresented Sworn Management.

9. Renewal of Live Entertainment Permit - Casa Diaz. Approval of a renewal of a Live Entertainment Permit for Casa Diaz located at 7041 Schaefer Avenue for a period of 12 months. This permit is subject to quarterly review of satisfactory compliance with terms, conditions, and restrictions of the permit.
31 CHINO CITY COUNCIL
NOVEMBER 5, 2024 6

10. 2024 Citizens’ Option for Public Safety (COPS) Grant Funds Additional Appropriation (G4249).

Accept additional funds of $137,125.06 received for the identified expenditure areas of the FY 2023-24 COPS Program Grant G4249 and appropriate an additional expenditure and revenue in the amount of $137,125.06 in the State COPS Fund 130.

11. 2025 Citizens’ Option for Public Safety (COPS) Grant Funds Appropriation (G4256). Accept the use of the grant funds for the identified expenditure areas of the 2025 COPS Program Grant G4256 and appropriate $142,976 to AB3229 -State COPS Grant Fund 130 with a corresponding increase to revenues in the same fund.

12. Federal Asset Forfeiture - Purchase of a Side -by-Side Vehicle. Establish a Federal Grant Number G4257; appropriate $47,195.95 from unappropriated reserves of the Asset Forfeiture/Department of Justice Fund 120 for the purchase of a Side -by-Side vehicle; and increase the Asset Forfeiture revenue by $47,195.95.

13. Assumption and Partial Assignment of the Preserve Development Agreement between the City of Chino, a Municipal Corporation; Chino Development Corporation, a California Corporation; and TH The Preserve Chino LLC, a California Limited Liability Company. Approve an Assumption and Partial Assignment of the Preserve Development Agreement between the City of Chino, a municipal corporation; Chino Development Corporation, a California corporation; and TH The Preserve Chino LLC.

14. Acceptance of Right of Way Dedication - East Preserve Loop and Main Street (Chino Preserve Development Corporation). Accept the offer of right -of-way dedication for public street and utility purposes on East Preserve Loop from the southerly boundary of Tract 20446 to Main Street and Main Street from East Preserve Loop to Chino Corona Road.

15. Final Acceptance of Public Improvements for Parcel Map No. 19756 for the Altitude Business Center Located South of Kimball Avenue on the East and West Sides of Quality Way. Accept Public Improvements as Complete for Parcel Map No. 19756; approve an Amendment to the Subdivision Improvement Agreement to Extend the Warranty Period; and Approve a Public Improvement Agreement with Richland Ventures, Inc. for the Kimball Median.

Motion by Council Member Flores, seconded by Council Member Lucio, to approve the Consent Calendar items 1-15 as presented. The motion carried by the following vote:

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

ABSENT: NONE.
32 CHINO CITY COUNCIL
NOVEM
BER 5, 2024 7

PUBLIC HEARING

16. Formation of Improvement Area 11 in Community Facilities District 2003-3. P ublic Hearing regarding the Formation of Improvement Area 11 in Community Facilities District 2003-3.

Staff Report By: Nadyne Lowry, Acting Director of Finance RECOMMENDATION: 1) Conduct a Public Hearing regarding the formation of Improvement Area
11 in Community Facilities District 2003-3; 2) accept tax consultant’s report; 3) adopt Resolution No. 2024-054 establishing Improvement Area 11 of CFD No. 2003-3 authorizing the levy of special taxes and calling an election; 4) adopt Resolution No. 2024-055, determining the necessity to incur bonded indebtedness; 5) conduct a special election with the property owners; 6) adopt Resolution No. 2024-056, declaring results of the special election and directing recording of the special tax lien; 7) approve the introduction of Ordinance No. 2024-012, levying a special tax, to be read by number and title and waive further reading of the ordinance; and 8) authorize the City Manager to execute all necessary documents on behalf of the City.

Mayor Ulloa opened the public hearing.

Nady
ne Lowry, Acting Director of Finance provided a report on the item.

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

Motion by Council Member Flores, seconded by Council Member Lucio, to 1) Conduct a Publ
ic Hearing regarding the formation of Improvement Area 11 in Community Facilities District 2003-3; 2) accept tax consultant's report; 3) adopt Resolution No. 2024-054 establishing Improvement Area 11 of CFD No. 2003-3 authorizing the levy of special taxes and calling an election; 4) adopt Resolution No. 2024-055, determining the necessity to incur bonded indebtedness; and 5) conduct a special election with the property owners. The motion carried by the following vote:

AYES: ULLO A, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

Mayor Ulloa directed the City Clerk to open the ballots and declare the results of the special election.

City Clerk Natalie Gonzaga reported all ballots had been cast in connection with the election for Improvement Area No. 11 of Community Facilities District (CFD) No. 2003-03, and stated the election was declared closed. City Clerk Gonzaga reported the results for the election were unanimous, with 20 votes in favor of all propositions.

Mayor Ulloa requested a motion to adopt Resolution No. 2024-056 certifying the results of the election, along with the introduction of Ordinance 2024-012, authorizing the levy of the special tax and the bonded indebtedness within the District.

City Attorney read the Ordinance by number and title only.

ORDINANCE NO. 2024-012 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 33 CHINO CITY COUNCIL
NO
VEMBER 5, 2024 8

CHINO, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY F
ACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO, ON BEHALF OF IMPROVEMENT AREA NO. 11 THEREIN, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 11 OF THE DISTRICT.

Motion by Council Member Burton, seconded by Mayor Pro Tem Comstock, to 6) adopt R
esolution No. 2024-056, declaring results of the special election and directing recording of the special tax lien; 7) approve the introduction of Ordinance No. 2024-012, levying a special tax, to be read by number and title and waive further reading of the ordinance; and 8) authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

AYES: U LLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

Public Hearing Item #17 was pulled and heard prior to the Consent Calendar.

NEW BUSINESS

18. Federal Asset Forfeiture Funds - Police Bloodhound K9 (F ederal Grant G4255). Approve the appropriation of $23,794 from unappropriated reserves of the Asset Forfeiture/Department of Justice Fund 120 for the purchase of Police Bloodhound K9 and increase the Asset Forfeiture revenue by $23,794.

Staff Report By: Captain Ryan Croley
RECOMMENDATION: 1) Establish a Federal Grant Number G4255; 2) appropriate $23,794 f
rom unappropriated reserves of the Asset Forfeiture/Department of Justice Fund 120 for the purchase of a Police Bloodhound Service Dog, including initial training and all necessary equipment for both the dog and handler (Police Bloodhound K9 Team) ; 3) increase the Asset Forfeiture revenue by $23,794; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

Captain Ryan Croley provided a presentation on the item.

M
ayor Ulloa inquired the cost and budget for the Police Bloodhound Service Dog, named Scout. Captain Croley and Chief Mensen detailed the cost and budget breakdown including training related costs.

Captain Croley reported Police Officer Dominic Diaz will be Scout's handler.

Motion by Council Member Flores, seconded by Council Member Lucio, to 1) Establish a F
ederal Grant Number G4255; 2) appropriate $23,794 from unappropriated reserves of the Asset Forfeiture/Department of Justice Fund 120 for the purchase of a Police Bloodhound Service Dog, including initial training and all necessary equipment for both the dog and handler (Police Bloodhound K9 Team); 3) increase the Asset Forfeiture revenue by $23,794; and 4) authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

AYES: U LLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.
34 CHINO CITY COUNCIL
NOVEMBER 5, 2024 9
ABSENT: NONE.

19. Approve Construction Contract Change Order No. 2 with C.P. Construction Co., Inc., Upland, CA for the Kimball Avenue Preserve Improvements Project (ST232). Appropriate $1,417,809 with a corresponding increase to the project budget for the Kimball Avenue Preserve Improvements Project (ST232) and approve Change Order No. 2 with C.P. Construction Co.

Inc., in the amount of $681,758.45.

Staff Report By: Michele Hindersinn, Senior Engineer
RECOMMENDATION: 1) Appropriate $717,809 from the Measure I Fund (322); 2) appropriate $700,000 from the SB -1 Road Maintenance Rehabilitation Fund (327); 3) reduce the funding source by $4,980,000 from the Preserve- Bridges, Signals and Thoroughfare DIF Fund 260; 4) reduce the project budget by a total of $3,562,191 for a revised project budget, in the amount of $4,494,049.94 for the Kimball Ave Preserve Improvement Project ST232; 5) approve Change Order No. 2 for $681,758.45 with C.P. Construction Co., Inc., Upland, CA (Contract No. 2024 -072) for Project (ST232) for Street Rehabilitation on Kimball Avenue from Rincon Meadows to Hellman Avenue for a revised total contract amount not to exceed $3,672,498.45; and 6) authorize the City Manager to execute all necessary documents on behalf of the City.

Michelle Hindersinn, Senior Engineer, provided a presentation on the item.

Mayor Ulloa inquired when the north side of Kimball Avenue road improvement will be completed, and Ms. Hindersinn explained the road should have been paved during the road improvements between Flight and Hellman Avenues on the north side and the other project located to the west of this area. Mayor Ulloa requested staff to reassess the project area and ensure the conditions of the road improvements are acceptable.

Motion by Council Member Lucio, seconded by Mayor Pro Tem Comstock, to 1) Appropriate $717,809 from the Measure I Fund (322); 2) appropriate $700,000 from the SB-1 Road Maintenance Rehabilitation Fund (327); 3) reduce the funding source by $4,980,000 from the Preserve- Bridges, Signals and Thoroughfare DIF Fund 260; 4) reduce the project budget by a total of $3,562,191 for a revised project budget, in the amount of $4,494,049.94 for the Kimball Ave Preserve Improvement Project ST232; 5) approve Change Order No. 2 for $681,758.45 with C.P. Construction Co., Inc., Upland, CA (Contract No. 2024 -072) for Project (ST232) for Street Rehabilitation on Kimball Avenue from Rincon Meadows to Hellman Avenue for a revised total contract amount not to exceed $3,672,498.45; and 6) authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

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

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa had no report.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock had no report.
35 CHINO CITY COUNCIL
NOVEMBER 5, 2024 10

20. Community Support Fund - Mayor Pro Tem Comstock. Approve community support fund contribution to Chino High School Band Boosters– 77th Calvary.

Staff Report By: Mayor Pro Tem Comstock
RECOMMENDATION: Approve a community support fund contribution of $250 to Chino High School Band Boosters- 77th Calvary.

Motion by Council Member Burton, seconded by Council Member Flores, to Approve a community support fund contribution of $250 to Chino High School Band Boosters- 77th Calvary. The motion carried by the following vote:

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

ABSENT: NONE.

Council Member Burton
Council Member Burton had no report.

Council Member Flores
Council Member Flores had no report.

Council Member Lucio
Council Member Lucio had no report.

21. Community Support Fund - Council Member Lucio. Approve community support fund contribution to the Soroptimist International of the Chino Valley.

Staff Report By: Council Member Lucio
RECOMMENDATION: Approve a community support fund contribution of $250 to the Soroptimist International of the Chino Valley Hoe Down.

Motion by Council Member Flores, seconded by Council Member Burton, to Approve a community support fund contribution of $250 to the Soroptimist International of the Chino Valley Hoe Down. The motion carried by the following vote:

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

ABSENT: NONE.

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

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

Police Chief's Report
Chief Mensen had no report.
36 CHINO CITY COUNCIL
NOVEMBER 5, 2024 11
Director's Report
There was no Director's report.

Fire Chief's Report
Fire Chief Dave Williams had no report.

ADJOURN
Mayor Ulloa adjourned the meeting at 8:37 p.m. The next Regular Meeting of the City Council will be held on Tuesday, November 19, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 19TH DAY OF NOVEMBER 2024.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 19, 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:
38 CITY COUNCIL MEETING DATE: NOVEMBER 19, 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

39 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
November 7, 2024 University of La
Verne and Southern
California Chapter of
ASPA Randall Lewis
Leadership in Public
Service Series
Ontario, CA Mayor Pro Tem
Comstock
Council Member
Flores
November 7, 2024 Southern California
Water Coalition
Annual Meeting and
Dinner
Newport Beach, CA Mayor Ulloa

40 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 19, 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 Priority Legislative Items Report dated November 19 . This item does not include a Tracked State Legislation Report or Position Letters on Legislation as there were none during the applicable period...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

41 CITY COUNCIL MEETING DATE: NOVEMBER 19, 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 November 19 , 2024 , Priority Legislative Items Report includes legislative and government relations issues of note to the City (Attachment 1).

There was no Tracked State Legislation Report or Position Letters on Legislation during the applicable reporting period.

42 1
CITY OF CHINO – PRIORITY LEGISLATIVE ITEMS REPORT (Attachment 1) As of November 19, 2024

PRIORITY LEGISLATION
SB 536 (Rubio and Rodriguez) - Surplus state real property: Heman G. Stark Youth Correctional Facility
• Signed by Governor Newsom on September 27 and chaptered into law. Sponsored by the City of Chino.
• SB 536 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. • On October 31, City staff met with Jason Kenney, the Deputy Director of the Department of General Services, to discuss the process and timeline for the sale of the property.

INFORMATIONAL ITEMS
Chino City Council Legislative Committee – The next meeting of the City Council Legislative Committee is scheduled for Thursday, November 21 at 4:00 p.m. in Council Chambers. 2023-24 Legislative Session – List of Tracked Bills - Attachment 2 generally contains a list of the bills the City tracks. No bills are currently being tracked as the Legislature is not in session.

Position Letter(s) - Attachment 3 generally includes City position letters submitted since the prior report. No position letters were submitted during this reporting period.

State Legislative Calendar
• Nov. 30 – Legislature adjourns at midnight.
• Dec. 2 – The 2025-26 Regular Session of the Legislature convenes for Organizational Session at 12 p.m.
• Dec. 23 – Jan. 1 – Winter and New Year Holidays.
• Jan. 1, 2024 – Statutes take effect.

43 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: NADYNE LOWRY, ACTING DIRECTOR OF FINANCE

SUBJECT
..titl e
Ordinance No. 2024-012 Second Reading – CFD 2003-3.
..end

RECOMMENDATION
Adoption of Ordinance No. 2024 -012 on second reading, authorizing the levy of special taxes within Community Facilities District No. 2003-3 Improvement Area 11. ..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
 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. 44 CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TITLE: ORDINANCE NO. 2024-012 SECOND READING - CFD 2003-3.

PAGE: 2

BACKGROUND
This matter was introduced on first reading by the Council at their November 5, 2024 meeting.

By the passage of this Ordinance, the City Council authorizes the levy of special taxes within the Community Facilities District at the maximum rates and in accordance with the rates and method of apportionment set forth in Exhibit C to the Resolution No. 2024-49.

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

ISSUES/ANALYSIS
Ordinance No. 2024-012

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2003- 3 OF THE CITY OF CHINO, ON BEHALF OF IMPROVEMENT AREA NO. 11 THEREIN, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 11 OF

THE DISTRICT

Attachment: Ordinance No. 2024-012

45 ORDINANCE NO. 2024-012

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO ,

ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO, ON BEHALF OF IMPROVEMENT AREA NO. 11 THEREIN,

AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
IMPROVEMENT AREA NO. 11 OF THE DISTRICT
WHEREAS, on October 1, 2024, the City Council (the “City Council”) of the City of Chino (the “City”) adopted Resolution No. 2024-049 (the “Resolution of Intention”) declaring its intention to form Improvement Area No. 11 (the “ Improvement Area ”) of Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and adopted Resolution No. 2024-050 declaring its intention to incur bonded indebtedness of the Improvement Area; and WHEREAS, on November 5, 2024, after providing all notice required by the Act, the City Council opened a public hearing required by the Act relative to the formation of the Improvement Area, the proposed levy of a special tax within the Improvement Area to provide certain services and finance certain public improvements described in Resolution No. 2024-049 and to secure the payment of any bonded indebtedness of the Improvement Area, and the proposed issuance of up to $20,000,000 of bonded indebtedness; and
WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the Improvement Area , the proposed levy of the special tax within th e Improvement Area to provide for the services and to finance the improvements described in Resolution No. 2024-049 and the proposed issuance of bonded indebtedness of the Community Facilities District on behalf of the Improvement Area were heard and a ful l and fair hearing was held; and
WHEREAS, on November 5 , 2024 , following the close of the public hearing, the City Council adopted a resolution establishing the Improvement Area (the “Resolution of Formation”) and a r esolution determining the necessity to incur bonded indebtedness of the District (the “Resolution to Incur Bonded Indebtedness”) each of which called a consolidated special election on November 5, 2024 within the Improvement Area on three propositions relating to the levying of a special tax, the incurring of bonded indebtedness and the establishment of an appropriations limit for the Improvement Area; and
WHEREAS, on November 5, 2024, a special election was held within the Improvement Area at which the qualified electors approved by more than a two -thirds vote Propositions A, B and C authorizing the levy of a special tax within the Improvement Area for the purposes described in the Resolution of Formation and the issuance of bonded indebted ness for the Improvement Area as described in the Resolution to Incur Bonded Indebtedness.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2003- 3 OF THE CITY OF CHINO, ORDAINS AS FOLLOWS:
46 Ordinance 2024-012

Page 2 of 4 ends

2 Section 1. The above recitals are all true and correct.

Section 2. By the passage of this Ordinance, the City Council authorizes the levy of Special Tax A and Special Tax B (as defined in the Rate and Method, defined below, and, collectively, the “Special Tax”) within the Improvement Area at the maximum rates and in accordance with the rates and method of apportionment set forth in Exhibit C to the Resolution of Intention, which rate and method of apportionment is incorporated by reference herein (the “Rate and Method”).

Section 3. The Director of Finance of the City is hereby further authorized and directed each fiscal year, on or before August 10 of each year, or such later date as is permitted by law, to determine the specific Special Tax rates and amounts to be levied for the next ensuing fiscal year for each parcel of real property within the specific Special Tax rate and amount to be levied on each parcel of land in the Improvement Area pursuant to the Rate and Method. The Special Tax rate to be levied pursuant to the Rate and Method shall not exceed the applicable maximum rates set forth therein, but the Special Tax may be levied at a lower rate.

Section 4. Properties or entities of the state, federal or other local government s shall be exempt from the Special Tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act , the Rate and Method and the boundary map for the Improvement Area . No other properties or entities are exempt from the Special Tax unless the properties or entities are expressly exempted in the Resolution of Formation, or in a resolution of consideration to levy a new special tax or special taxes or to alter the Rate or Method of an existing special tax as provided in Section 53334 of the Act.

Section 5. All of the collections of the Special Tax pursuant to the Rate and Method shall be used as provided for in the Act , the Resolution of Intention and the Resolution of Formation.

The Special Tax shall be levied within the Improvement Area only so long as needed for the purposes described in the Resolution of Intention and the Resolution of Formation.

Section 6. The Special Tax levied pursuant to the Rate and Method shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitt ed by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.

Section 7. As a cumulative remedy, if any amount levied as Special Tax A for payment of the interest or principal of any bonded indebtedness of the Improvement Area, together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds, order that the same be collected by an action brought in the superior court to foreclose the lien of such Special Tax A.

Section 8. This Ordinance relating to the levy of the Special Tax within the Improvement Area shall take effect 30 days following its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act.

Section 9. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the San Bernardino County Assessor and Treasurer -Tax Collector, and to perform all other 47 Ordinance 2024-012

Page 3 of 4 ends

3 acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.

INTRODUCED, ADOPTED, SIGNED AND APPROVED ON the 19th day of November, 2024.

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

48 Ordinance 2024-012

Page 4 of 4 ends

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

CITY OF CHINO )
I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 19th day of November, 2024, by the following votes:

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

NATALIE GONZAGA, CITY CLERK

49 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024

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

SUBJECT
..titl e
Amendment to the Reimbursement Agreement with Inland Empire Utilities Agency (IEUA) for the Operations and Maintenance Costs of the Preserve Sewer Lift Station for a Five-Year Term in the total amount of $898,000.
..end

RECOMMENDATION
Approve an Amendment to the Reimbursement Agreement with Inland Empire Utilities Agency (IEUA) for the operations and maintenance costs of The Preserve Sewer Lift Station for a five - year total amount of $898,000; and authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There are sufficien t funds in the FY 2024 -25 Mid -Term budget for this reimbursement agreement to IEUA. However, the City will need to allocate funds in the subsequent fiscal years to reimburse IEUA in accordance with the five -year budget reimbursement schedule outlined in the Amendment. IEUA has established a budget for the five-year term, during which the City will continue to reimburse IEUA for full operations and maintenance costs in the final years of the Agency’s oversight. The costs to operate and maintain the Preserve Sewer Lift Station are covered by the properties that are subject to the City’s sewer rates approved by the City Council Resolution No. 2020 -045 (attached). These costs, based on a comprehensive analysis, will increase by approximately five percent annuall y from years two through five to cover rising labor, material, and equipment expenses. The five-year reimbursement schedule is identified as follows:

IEUA Sewer Lift Station Preserve Five-Year
Budget & Reimbursement Schedule – Fund 531
Time Period Reimbursement Amount
Year 1: July 2024 – June 2025 $163,000.00
Year 2: July 2025 – June 2026 $171,000.00
Year 3: July 2026 – June 2027 $179,000.00
Year 4: July 2027 – June 2028 $188,000.00
Year 5: July 2028 – June 2029 $197,000.00
Total 5-Year Reimbursement Amount to IEUA* $898,000.00
*Note: An annual budget review will take place between October and February to collaborate and determine if any changes are deemed necessary.
50 CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TITLE: AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH INLAND EMPIRE

UTILITIES AGENCY (IEUA) FOR THE OPERATIONS AND MAINTENANCE COSTS OF THE

PRESERVE SEWER LIFT STATION FOR A FIVE -YEAR TERM IN THE TOTAL AMOUNT OF $898,000.

PAGE: 2

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

Revenue: Click or tap here to enter text.

Expenditure: 5317345-43650
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 51 CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TITLE: AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH INLAND EMPIRE

UTILITIES AGENCY (IEUA) FOR THE OPERATIONS AND MAINTENANCE COSTS OF THE

PRESERVE SEWER LIFT STATION FOR A FIVE -YEAR TERM IN THE TOTAL AMOUNT OF $898,000.

PAGE: 3

BACKGROUND
Per the City’s Sewer Master Plan, a Sewer Lift Station was constructed in the Preserve, northeast of the Prado Lake off Johnson Avenue inside Prado Park. This facility collects and conveys sewer flows that are gravity-fed from the Preserve and then pumped to IEUA’s Kimball Interceptor which delivers flows to IEUA’s Regional Plant 5 for treatment and processing. On July 17, 2018, the City Council approved a Reimbursement Agreement with IEUA for the operation and maintenance costs of the Preserve Sewer Lift Station due to the City staff’s limited expertise in operating and maintaining large pumping facilities. Since the completion of construction in 2018, IEUA has assumed full operational and maintenance responsibilities, including day-to-day operations, non-routine repairs, and emergency services.

Since operations began at the facility, the City has reimbursed IEUA for complete operational and maintenance costs. The table below shows the total reimbursement to -date and total reimbursement amount to IEUA upon completion of the Agreement:

IEUA Sewer Lift Station Preserve Reimbursement – Fund 531 Fiscal Year Reimbursement Amount
Fiscal Year 2018 – 2019 $49,262.60
Fiscal Year 2019 – 2020 $46,476.14
Fiscal Year 2020 – 2021 $72,577.30
Fiscal Year 2021 – 2022 $73,175.56
Fiscal Year 2022 – 2023 $23,442.35
Fiscal Year 2023 – 2024 $113,789.16
To-Date Total Reimbursement to IEUA $378,723.11
Total 5-Year Reimbursement Amount to IEUA $898,000.00
Total Reimbursement Upon Completion of
Reimbursement Agreement $1,276,723.11

Although IEUA has been overseeing these responsibilities, both the City and IEUA have agreed that, as the facility is City -owned, the City is to assume full responsibility. Both agencies determined that a span of five years would be sufficient time for the City to assume responsibilities. To facilitate the transition, an Amendment to the existing Reimbursement Agreement with IEUA is necessary to adjust the term and provide for the transfer of operational and maintenance responsibilities of the Preserve Sewer Lift Station.

ISSUES/ANALYSIS
The proposed Amendment stipulates that sta rting July 1, 2029, IEUA will transfer the maintenance and operational duties and responsibilities to the City of Chino. The IEUA’s Board of Directors’ strategic plan and goal is to return to IEUA’s core duties and responsibilities which are to provide reg ional collection and treatment of wastewater. Therefore, one of the initiatives is to transfer the operations of a sewer lift station that serves the Preserve Community to the 52 CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TITLE: AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH INLAND EMPIRE

UTILITIES AGENCY (IEUA) FOR THE OPERATIONS AND MAINTENANCE COSTS OF THE

PRESERVE SEWER LIFT STATION FOR A FIVE -YEAR TERM IN THE TOTAL AMOUNT OF $898,000.

PAGE: 4

City of Chino. The Preserve Community is the City of Chino’s residents and waste water collection customers.

To ensure a smooth transition, IEUA and the City will collaborate over the next five years to develop and implement a comprehensive Transfer of Responsibility Plan (“Transition Plan”), ensuring no disruption to the facility’s operations. This plan will allow City staff to work alongside IEUA operators to acquire the necessary knowledge and skills to independently manage and operate the lift station facility. Key components of the plan will include, but not be limited to, Operator Rounds Standard Operating Procedures (“SOPS”) and Templates, Process Control Narratives, Operation and Maintenance Records, Preventative Maintenance Plans, Vendor and Contractor Information, and Supervisory Control and Data Acquisition (“SCADA”) Controls Training and Materials.

While the reimbursement amount covers the next five years, it is important to note that following the agreement’s term, the City will assume indefinite responsibility for the facility. Currently, the Public Works Wastewater Division staff handle a wide range of tasks, including sewer main line repairs, sewer lateral repairs, catch basin inspections and cleaning, storm drain inspections and cleaning, storm drain main lines, marking underground service alerts, maintains the Benson and Bickmore Lift Stations, and provides as -needed related services. In addition to the new operational responsibilities for the Preserve Lift Station, in the next five years, Wastewater Division staff will also be responsible for implementing City -wide trash capture and removal as part of the MS4 permit requirements. The additional duties include cleaning/vacuuming over 1,000 catch basins, several regional drainage outfall trash capture locations, CCTV inspecting and cleaning storm drains, sewer mains, and s ewer laterals. As such, staffing levels must be increased with the hiring of two Wastewater staff members in advance of the end of the agreement term to ensure the City can effectively manage the additional responsibilities.

Over the next five years, the City of Chino and IEUA will collaborate on a smooth transition of knowledge, information materials, equipment, software, training, services, and any other needed items for continual service of the Preserve Lift Station.

Staff recommends that the City Council approve the First Amendment for the Reimbursement of Operations and Maintenance Costs of the Preserve Sewer Lift Station between the City of Chino and IEUA with a five -year term. In addition, the City Council also acknowledges that this Amendment will serve as a transition period to establish a Transition Plan for the City to assume full control and responsibility of the Preserve Sewer Lift Station from IEUA once the Agreement concludes and a Transfer of Responsibility Plan will be implemented to ensure a smooth transition and the City’s success in managing the facility independently.

Attachments: Amendment Reimbursement Agreement IEUA Preserve Sewer Lift Station Resolution 2020-045

Page 1 of 6 ends

FIRST AMENDMENT TO AGREEMENT 4600000401 –

REIMBURSEMENT OF OPERATIONS AND MAINTENANCE COST OF THE PRESERVE SEWER LIFT STATION FIRST AMENDMENT TO AGREEMENT NUMBER 4600000401
FOR

REIMBURSEMENT OF OPERATIONS AND MAINTENANCE COST OF THE

PRESERVE SEWER LIFT STATION

BETWEEN

INLAND EMPIRE UTILITIES AGENCY
AND

CITY OF CHINO
THIS FIRST AMENDMENT TO AGREEMENT NUMBER 4600000401 FOR

REIMBURSEMENT OF OPERATIONS AND MAINTENANCE COST OF THE PRESERVE SEWER LIFT STATION is made and effective as of [DATE], by and between Inland Empire Utilities Agency, a California municipal water district organized and existing in the County of San Bernardino under the Municipal Water District Law of 1911 (Water Code § 71000, et seq) (hereinafter referred to as “Agency”), and the City of Chino (hereinafter referred to as “CITY”). Agency and CITY may be referred to herein individually as “Party” or collectively as “Parties”.

RECITALS
WHEREAS, The Parties previously entered into Agreement number 4600000401 (“Agreement”) regarding the reimbursement of contracted services to operate and maintain the Preserve Sewer Lift Station (“Facility”) near the Prado Dechlorination Station inside the Prado Regional Park; WHEREAS, the Agreement was approved by the CITY at its July 17, 2018, Council Meeting, approved by the Agency’s General Manager, and fully executed on July 18, 2018;

WHEREAS, the Agency and the CITY wish to amend the Agreement to adjust the term limit in order to transfer operations and maintenance of the Preserve Lift Station back to the CITY;

NOW, THEREFORE, in consideration of the covenants herein contained and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to amend the Agreement as follows:

THE FOLLOWING PROVISIONS ARE REVISED AS FOLLOWS:

A. Paragraphs 1 through 9 (RECITALS) shall be replaced with the following:

WHEREAS, CITY has constructed a sewer lift station near the Prado Dechlorination Station inside the Prado Park;
WHEREAS, the Facility serves as a local facility;
54

Page 2 of 6 ends

FIRST AMENDMENT TO AGREEMENT 4600000401 –

REIMBURSEMENT OF OPERATIONS AND MAINTENANCE COST OF THE PRESERVE SEWER LIFT STATION WHEREAS, Agency agreed to be responsible for the operation and maintenance of the Facility, provided that CITY reimburse Agency for the costs thereof; WHEREAS, CITY has authorized Agency to contract, when necessary, for services in order to operate and maintain the Facility;
WHEREAS, CITY currently reimburses Agency, in full, for Agency’s cost(s) for the contracted services to operate and maintain the Facility; WHEREAS, Agency provides its own insurance and w orkers’ compensation for Agency employees assigned to the Facility, and ensures that all contractors and subcontractors have adequate insurance coverage;
WHEREAS, Agency and CITY intend to transfer the operation and maintenance responsibilities of the Facility from Agency to CITY at the termination of the Agreement; and WHEREAS, Agency and CITY agree to collaborate in facilitating the transfer of the Facility operation and maintenance responsibilities to CITY by the end of the Term as set forth herein.

NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the Parties agree as follows:

REVISE THE FOLLOWING UNDER THE COVENANTS:

B. Section 1 shall be revised to read:

1. AGENCY ASSIGNMENT : All technical direction related to this Agreement shall come from the designated Agency Project Manager. Details of the Agency’s Assignment are listed below:

Project Manager: Michael Dias
Address: 6075 Kimball Avenue,
Building B
Chino, California 91708

Telephone: (909) 993-1849
Email: [email protected]

C. Section 2 shall be revised to read:

2. CITY ASSIGNMENT: Special inquiries related to this Agreement and the effects of this Agreement shall be referred to the following:

Primary Contact: Hye Jin Lee
Director of Public Works
Address: 13220 Central Avenue,
Chino, California 91710
Telephone: (909) 334-3535
Email: [email protected]

Page 3 of 6 ends

FIRST AMENDMENT TO AGREEMENT 4600000401 –

REIMBURSEMENT OF OPERATIONS AND MAINTENANCE COST OF THE PRESERVE SEWER LIFT STATION

D. Section 3.A. shall be replaced with the following:

A. Scope of Services: The Agency shall furnish services to operate and maintain the day- to-day operation and maintenance of the Facility during the term of this Agreement (hereinafter referred to as the "Services") in accordance with standard industry protocols for operating a sewer lift station. The Agency shall maintain the Facility in a good and safe operating condition and in a manner consistent with good practices for such a facility. The Services shall include all labor, materials, equipment and/or services to be furnished by the Agency or others for the operation and maintenance of the Facility. The costs for the Services shall be a fixed amount , based on a comprehensive cost analysis considering necessary expenses and overhead , with an approximate five percent escalation per year as described in Section 3.B. Budget.

E. Section 3.B. shall be replaced with the following:

B. Budget: The Agency and CITY hereby agree on a five-year budget which has been calculated using a comprehensive cost analysis resulting from the operation and maintenance of the Facility. Year two through five each include approximately five percent increases to account for increases in labor, material, and equipment to perform the Services . The five-year budget and reimbursement schedule is identified in the Table No. 1 below. Payment shall be made annually on August 15th of each year for the Services rendered for the previous fiscal year.

Time Period Budget Payment Date
Year 1:

July 2024 – June 2025 $163,000 August 15, 2025
Year 2:

July 2025 – June 2026 $171,000 August 15, 2026
Year 3:

July 2026 – June 2027 $179,000 August 15, 2027
Year 4:

July 2027 – June 2028 $188,000 August 15, 2028
Year 5:

July 2028 – June 2029 $197,000 August 15, 2029

Table No. 1 – Budget and Reimbursement Schedule

At the Parties’ discretion, the budget for future years can be reviewed and revised as necessary using a comprehensive cost analysis considering necessary expenses and overhead. Any such budget review shall take place between October and February with all necessary changes to the budget to take effect the following fiscal year. Agency and CITY shall collaborate in the review of the future year’s budget, make adjustments to 56

Page 4 of 6 ends

FIRST AMENDMENT TO AGREEMENT 4600000401 –

REIMBURSEMENT OF OPERATIONS AND MAINTENANCE COST OF THE PRESERVE SEWER LIFT STATION the budget as necessary to keep the budget consistent with such comprehensive cost analysis, and conduct workshops and meetings as necessary to reach agreement.

F. Add Section 3.G. to read:

G. Operations and Maintenance Transition Period : The Agency and the CITY agree to transfer all of the duties and responsibilities with respect to the Facility and as listed in Section 3.E.i through Section 3.E.xi, to the CITY. The transition period to transfer the duties and responsibilities of the Facility to the CITY shall be over the remaining term of this Agreement as stipulated in Section 4.

During the transition period, the Agency and the CITY agree, in good faith, to work closely towards a full transition by the end of the Agreement term. The Agency shall transfer all data, records, plans, historical knowledge, and any other necessary items to the CITY. The CITY shall provide the necessary labor, materials, equipment, software, training, services, and any other necessary items during the transition period and in an incremental manner consistent with the transition timing and needs to ultimately perform the full duties and responsibilities listed in Section 3.E.i through Section

3.E.xi.

The CITY is responsible for determining the necessary resources, and when the resources are needed, to fulfill the operation and maintenance duties with respect to the Facility. The Agency shall assist the CITY to facilitate a smooth transition with any necessary training or knowledge transfer.

G. Add Section 3.H. to read:

H. Transfer of Responsibility Plan and Transition Procedures: Both Parties agree to collaborate in the development of a comprehensive Transfer of Responsibility Plan (“Transition Plan”) prior to the termination of this Agreement. A meeting to initiate the Transition Plan process shall be convened no later than twenty-four (24) months prior to this Agreement’s termination date. The Parties shall endeavor to finalize and mutually approve the Transition Plan no later than twelve (12) months before the termination of this Agreement.

The Transition Plan shall include, but not be limited to, the following components:
i) Process Control Narratives: Detailed descriptions of all control processes to ensure continuity of operations.
ii) Operator Rounds Standard Operating Procedures (“SOPs”) and Templates: Documentation of daily, weekly, and monthly operator rounds, including standardized procedures and templates. iii) Operation and Maintenance Records: Comprehensive records detailing the historical and current operations and maintenance activities, including equipment logs and incident reports.
57

Page 5 of 6 ends

FIRST AMENDMENT TO AGREEMENT 4600000401 –

REIMBURSEMENT OF OPERATIONS AND MAINTENANCE COST OF THE PRESERVE SEWER LIFT STATION iv) Preventative Maintenance Plans: Detailed preventative maintenance schedules, including task descriptions, estimated task durations, required crafts or personnel, and any specialized tools or equipment necessary to perform the tasks.
v) Supervisory Control and Data Acquisition (“SCADA”) Controls Training:

Training materials and field training sessions covering the operation of SCADA systems, to be provided by Agency operators to CITY staff. vi) Vendor and Contractor Information: A list of vendors and contractors supporting the facility, including contract details, service agreements, and any ongoing contracts.

During the transition period, Agency shall allow CITY staff to shadow the current operators in order to acquire the necessary knowledge and skills related to the operation and maintenance of the facility. This shadowing period shall be conducted in a manner ensuring a smooth and seamless transition of responsibilities without disruption to the Facility’s operations.

The Parties agree to cooperate fully in the implementation of the Transition Plan, with the goal of ensuring the orderly and efficient transfer of all operational responsibilities upon termination of this Agreement.

I. Section 4 shall be replaced with the following:

4. TERM: This Agreement shall terminate on June 30, 2029, with a final payment to the Agency for rendered Services in year five due August 15, 2029. The CITY shall take complete control and responsibility of the Facility on the termination date unless prior termination occurs in accordance with Section 17 through written notice provided to a Party.

J. Section 5 shall be replaced with the following:

5. REIMBURSEMENT/COMPENSATION: CITY shall pay Agency’s properly executed annual invoice, approved by the CITY, within thirty (30) days following receipt of the invoice. Payment received after thirty (30) days may be subject to interest at the current Local Agency Investment Fund (LAIF) rate.

The Agency shall be reimbursed for the Services pursuant to Table No. 1 herein.

Reimbursement for each year shall be a one-time annual payment due the following fiscal year on August 15th of each year of this Agreement for the Services rendered for the previous fiscal year.

The CITY and Agency may, at any time, make changes to this Agreement, including additions, reductions, and changes to any or all the Services. Such changes shall be made by a written amendment to this Agreement, signed by both Parties.

Page 6 of 6 ends

FIRST AMENDMENT TO AGREEMENT 4600000401 –

REIMBURSEMENT OF OPERATIONS AND MAINTENANCE COST OF THE PRESERVE SEWER LIFT STATION K. Section 11 shall be replaced with the following:

11. NOTICES: Any notice may be served upon either Party by delivering it in person, or by depositing it in a United States Mail deposit box with the postage thereon fully paid, and addressed to the Party at the address set forth below:

Agency: Warren Green
Manager of Contracts and Procurement
Inland Empire Utilities Agency
P.O. Box 9020
Chino Hills, California 91709

CITY: Hye Jin Lee
Director of Public Works
City of Chino
13220 Central Avenue
Chino, California 91710

Any notice, payment, or instrument required or permitted to be given hereunder shall be deemed received upon signed receipt personal delivery or seventy -two (72) hours after deposit in any United States Post Office , registered or certified, postage prepaid and addressed to the party for whom intended.

IN WITNESS WHEREOF, the Parties have executed this First Amendment to Agreement No. 4600000401 effective as of the date set forth below:

For Inland Empire Utilities
Agency

Date

For City of Chino

Date

Approved as to Form:

Fred Galante, City Attorney

Date Natalie Gonzaga, City Clerk
Attest:

Date

Approved as to Content:

Hye Jin Lee, Director of Public Works

Date Linda Reich, City Manager
59 60
61 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024

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

SUBJECT
..titl e
Award a Professional Services Agreement to Onward Engineering and Hunsaker and Associates for Design Services for the Philadelphia Street Water Line Replacement and Walnut Avenue Water Line Replacement Project (WA242).
..end

RECOMMENDATION
1) Award a Professional Services Agreement to Onward Engineering for $136,103 for Design Services for the Philadelphia Street Water Line Replacement Project (WA242); 2) award a Professional Services Agreement to Hunsaker and Associates Irvine, Inc. for $149,830 for Design Services for the Walnut Avenue Water Line Replacement Project (WA242); 3) authorize expenditures up to $50,000 for design contingencies; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2024 -2025 Capital Improvement Program budget for the design services on Project WA242. The construction of this project will be budgeted in FY25-26. The FY24-25 project budget is summarized below:

Project WA242
Fund Adopted Budget Expenditures Available Budget
Fund 520 – Water Fund $1,162,000.00 $0 $1,162,000.00

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
 Financial Stability
 Responsible Long-Range Planning

62 CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT TO ONWARD ENGINEERING

AND HUNSAKER AND ASSOCIATES FOR DESIGN SERVICES FOR THE PHILADELPHIA

STREET WATER LINE REPLACEMENT AND WALNUT AVENUE WATER LINE REPLACEMENT PROJECT (WA242).

PAGE: 2

Revenue: Click or tap here to enter text.

Expenditure: 5207310 – 48004 – WA242
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 63 CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT TO ONWARD ENGINEERING

AND HUNSAKER AND ASSOCIATES FOR DESIGN SERVICES FOR THE PHILADELPHIA

STREET WATER LINE REPLACEMENT AND WALNUT AVENUE WATER LINE REPLACEMENT PROJECT (WA242).

PAGE: 3

BACKGROUND
The City of Chino encompasses approximately 30 square miles, with a water service area of 29 square miles consisting of 343 miles of water distribution pipelines with 23,052 service connections. The City water service area serves a population of about 8 6,435 and primarily follows the City boundary. Staff developed a Capital Improvement Program that identifies , and phases recommended waterline replacement projects to ensure the City efficiently delivers safe and reliable drinking water to its customers. The selection and phasing of the projects considers the age of the pipe, material, and the number of recent historical leaks. Waterline replacement projects have been included in the FY 202 4-25 budget, including the Philadelphia Street and Walnut Avenue Waterline Replacement Project (WA2 42). City staff ha s elected to separate the two waterline designs to expedit e delivery and facilitate an earlier start to construction. This approach will streamline the project timeline and enhance overall efficiency.

Philadelphia Street water line replacement includes the replacement of a 1 2-inch steel and asbestos cement waterline upsizing to a 1 6-inch polyvinyl chloride (PVC) waterline on Philadelphia Street from Central Avenue to Oaks Avenue. (This is approximately ¾ mile of pipe replacement) (Exhibit A). The design includes tie-ins from the new Philadelphia Street waterline to Central Avenue, Town Square, Benson Avenue, Oaks Avenue, and seven (7) major connections from shopping centers within the project limits.

Walnut Avenue water line replacement includes the replacement of a 10 -inch steel waterline (from Ramona Avenue to Monte Vista Avenue) a 12-inch steel waterline (from Monte Vista Avenue to Central Avenue) and a 12-inch transite/asbestos cement waterline (from Central Avenue to Tenth Street) to a 12 -inch C-900 PVC waterline along Walnut Avenue (Exhibit B) . (This is approximately 1.1 miles of pipe replacement) The d esign shall include tie -ins from the new Walnut Avenue waterline at all street intersections within the project limits.

Water operations will be improved by adding sufficient valving for proper shutdowns al ong both waterline replacements. There are multiple water service connections, hydrant laterals, and fire service laterals including valve assemblies that will also be replaced and pavement restoration.

ISSUES/ANALYSIS
On August 15, 2024, staff solicited an informal Request for Proposals (RFP) from the on -call consultant list (RFP# 2023-3003) to three (3) firms for Design Services for each waterline replacement. On August 29, 2024, the City received two (2) proposals for each location which were evaluated and ranked by the following criteria:
 Experience/qualifications
 Past performance/references
 Plan methodology/project approach
 Quality of responsiveness of proposal
 Cost evaluation
Staff selected the proposed consultant within the guidelines of t he State of California Government Code and the City’s Purchasing Ordinance. The final ranking of the firms is shown below.

64 CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT TO ONWARD ENGINEERING

AND HUNSAKER AND ASSOCIATES FOR DESIGN SERVICES FOR THE PHILADELPHIA

STREET WATER LINE REPLACEMENT AND WALNUT AVENUE WATER LINE REPLACEMENT PROJECT (WA242).

PAGE: 4

Philadelphia Street Water Line Replacement (WA242)
Rank Consultant Result

1. Onward Engineering Submitted

2. PSOMAS Submitted
N/A Proactive Engineering Consultants, Inc. Declined to propose

Walnut Avenue Water Line Replacement (WA242)
Rank Consultant Result

1. Hunsaker and Associates Irvine, Inc. Submitted

2. IMEG Corporation Submitted
N/A HR Green Pacific, Inc. Declined to propose

The breakdown of the total design for Project WA242 is shown in the Table below:

PROJECT TASK AMOUNT
Design Services for Philadelphia Street Water Line Replacement $136,103.00 Design Services for Walnut Avenue Water Line Replacement $149,830.00 Design Contingency $50,000.00
DESIGN CONTRACT TOTAL $335,933.00

Staff recommends that the City Council award a Professional Services Agreement for $136,103 to Onward Engineering , Inc., for Design Services for the Philadelphia Street Water Line Replacement (WA242) and award a Professional Services Agreement for $149,830 to Hunsaker and Associates Irvine, Inc., for Design Services for the Walnut Avenue Water Line Replacement (WA242). Staff is also adding a design contingency for other components such as accessible curb ramps, pavement rehabilitation, or relocation of sewer utilities that may be required as the design team and City team work on putting the plans together. Any additional tasks that may be issued using the contingency will be performed in accordance with purchasing policies. This contingency will provide staff the opportunity to add to the design as necessary to have a complete streets project for the community. Contingency fun ds not used will be returned to the fund balance.

Attachments: Exhibit A – Philadelphia Street Location Map Exhibit B – Walnut Avenue Location Map
Exhibit C – PSA Onward Engineering
Exhibit D – PSA Hunsaker

65 City of
Riverside,
County of
Sa
n Bernardino County, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, NGA, 0 50 100 200 Miles USGS
EXHIBIT A - WA242 VICINITY MAP
PHILADELPHIA STREET WATER LINE REPLACEMENT1
2" WATER MAIN 12" WATER MAIN
66 WELL NO. 17WELL NO. 19
WELL NO. 11
WELL NO. 3WELL NO. 10WELL NO. 12RESERVOIR NO. 2RESERVOIR NO. 4 WELL NO. 5WELL NO. 9
TREATMENTPLANTWELL NO.6WELL NO. 7PUMPPUMP
PUMPSURGETANKRESERVOIRWELL NO. 7A and 7BWELL NO. 7C
WELL NO. 4WELL NO. 15MAGNOLIAWELL

COLLEGE PARK WELL

EUCLID WELLTWELFTH STREET WELLSCHAEFER WELLNORTON WELLWAST END WELL

FRANCIS WELL
WELL NO. I-18
WELL NO. 16
RESERVOIR4 MG
METER
A.S.R.

PUMP STATIONPUMP STATIONRESERVOIRPUMP STATION
BOOSTER PUMBINGSTATIONFL.EL. 853.00 966 966RESERVOIR NO.3T.W.L EL. 897.07BOT. EL. 853.57 NEW TREATMENTFACILITY METER

PUMP STATIONMETER METERMETER

BELOW-GRADERESERVOIR

MOUNTAIN VIEWPARK WELL
City of
Riverside,
County of
Sa
n Bernardino County, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, NGA, 0 50 100 200 Miles USGS
EXHIBIT B - WA242 VICINITY MAP
WALNUT AVENUE WATER LINE REPLACEMENT10"
WATER MAIN 12" WATER MAIN
67 Project Name/No.: Philadelphia Water Line Replacement Contract No.: ______________ Design Services (WA242)

Project Manager: PW. N. Avila Approved: ______________ 01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND

ONWARD ENGINEERING
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 19th day of November, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Onward Engineering , (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall 68 01225.0001/863604.2 2
follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement . The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”) . Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined 69 01225.0001/863604.2 3
by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
70 01225.0001/863604.2 4
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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

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

1.6 Familiarity with Work.

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

1.7 Software and Computer Services.

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

1.8 Care of Work.
71 01225.0001/863604.2 5
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

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

1.10 Additional Services.

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

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and 72 01225.0001/863604.2 6
incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Thirty -Six Thousand One Hundred Three Dollars and Zero Cents ($136,103.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

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

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 73 01225.0001/863604.2 7
(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

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

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

2.5 Waiver.

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

2.6 Contingency of Funds.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 74 01225.0001/863604.2 8
reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

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

3.4 Term.

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

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

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. 75 01225.0001/863604.2 9
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

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

4.2 Status of Consultant.

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

4.3 Project Manager.

The Project Manager shall be Natalie Avila, City of Chino Associate Engineer , or any other person as may be designated by the Project Manager . It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independ ent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 76 01225.0001/863604.2 10
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 77 01225.0001/863604.2 11
(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
78 01225.0001/863604.2 12
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 79 01225.0001/863604.2 13
of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
80 01225.0001/863604.2 14
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 81 01225.0001/863604.2 15
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

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

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 82 01225.0001/863604.2 16
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

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

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 83 01225.0001/863604.2 17
to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars and Zero Cents ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 84 01225.0001/863604.2 18
Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

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

7.10 Attorneys’ Fees.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
85 01225.0001/863604.2 19

8.2 Conflict of Interest.

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

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 86 01225.0001/863604.2 20
Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he i s directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 87 01225.0001/863604.2 21
“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

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

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
88 01225.0001/863604.2 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

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

CONSULTANT:

ONWARD ENGINEERING
By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 89 01225.0001/863604.2 A-1
EXHIBIT “A”

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

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

90 01225.0001/863604.2 A-2
EXHIBIT “A-1”

1. As-Built Research, Investigation and Review
Consultant shall meet with City staff to identify background information and existing plans to ensure incorporation of city staff suggestions, recommendations, directions and other requirements. Collection and review data including O&M information is anticipated to be performed by the Consultant.

Preparation of pothole exhibit based on investigation and utility coordination. Potholing will be required for waterline design. Assume 15 potholes, with a cost per each pothole including traffic control.

2. Utility Research and Notification
• Consultant shall research available utility records and identify all utilities within the PROJECT limits. The information obtained shall be summarized on the project base map with any “High Risk” utilities identified.
• Concurrent with preliminary design, utility information requests will be sent to each utility company requesting verification of location, size and depth of facilities within the project limits. Consultant shall prepare and the City will send notices at various stages during the design phase- 30% plans (1st notification), 60% plans (2nd notification), 90% plans (3rd notification). The Consultant shall maintain a record of utility notifications including contact numbers, dates of transmittals, response to relocate or perform maintenance activities, etc.
• City will provide available as-built records for City-owned facilities (water, sewer and storm drain.) During this phase, the consultant shall determine if water services or meters including enclosure boxes need to be replaced and will present this information at the 30% design review meeting.

3. Field Survey
The Consultant (or subconsultant) shall perform a topographic survey and design survey to determine and establish Right of Way. This includes location of surface features within the survey area including but not limited to fire hydrants, valve covers, water meters, sewer and storm drain manholes, all utility vaults and facilities, pull boxes, curb & gutter, driveways, sidewalk, power poles, guy wires, signs, parkway, streetlights, street trees larger in 4” diameter, etc. The basis of the vertical datum shall be the most recent City of Chino benchmark elevations as shown in the National Geodetic Vertical Datum of 1929 (NGVD29). Field survey shall establish disturbance of any monuments or centerline ties and provide copies of tie sheets for reference attachment to the specifications. All field topography shall be collected electronically for data processing.

4. Geotechnical Investigation
91 01225.0001/863604.2 A-3
The Consultant (or subconsultant) shall prepare a report and perform a geotechnical investigation to determine excavation subsurface conditions and establish the relative compaction and suitable backfill requirements. Consultant should be available to provide inspection and testing laboratory services during construction and will obtain the applicable encroachment permits prior to beginning any field investigation. Refer to City’s Standards and Specifications for expectation on the minimum pavement repair requirements.

5. Preliminary Engineering Design
Consultant shall prepare a plan (40-Scale) & profile waterline replacement plans for the Philadelphia Street project including title, general notes, and any detail sheets with submittals at the 30%, 60%, 90%, and 100% design phase. Consultant shall prepare design details for all utility relocations, if needed. Refer to City’s plan check list for expectation on the preparation of plans (Attachment 3).

If Division of Drinking Water (DDW) Standard required separations cannot be achieved, Consultant shall prepare a Waterworks Standards Main Separation Alternative Form for submission to DDW for approval.

Modifications to the City’s water lines will require revisions to be made on as-built drawings to supersede and note new mainline improvements per separate plans.

Consultant shall coordinate with the City’s project engineer to establish the appropriate deltas by inserting a copy in TIF format of the as-built into AutoCAD and creating the necessary revision clouds and notes.

6. Engineer’s Quantity and Cost Estimate
Consultant shall prepare Engineer’s Quantity and Cost Estimate on City form and Bidding Schedule for the project with quantities and bid items to be included with the City Specifications based on Standard Specifications for Public Works Construction, “Green Book”, latest edition. Consultant will prepare the “boilerplate” sections including General Provisions, Special Provisions, Technical specifications and Bid Proposal documents including any specialty work items necessary. Estimate scope of work shall also include permitting and associated work for OSHA shoring requirements if necessary.

Engineer’s Quantities and Cost Estimates shall be prepared on the City’s Engineering Cost Estimate form and submitted at 30%, 60%, 90% and 100% completion.

7. Plan Interpretation and Bidding Assistance
Consultant shall provide construction plan interpretation and consultation during the bidding phase of the project. Consultant shall assist the City in preparing bid addenda as required to provide clarification to drawings and provide responses to Requests for Information (RFI) during the bidding phase within two (2) working days upon receipt of RFI.

8. Construction Support & Submittal Review
92 01225.0001/863604.2 A-4
Consultant shall review all material submittals anticipated to be incorporated into construction, provide responses to RFIs during construction, and submit “As-Built” record drawings following completion of construction incorporating data from inspectors, staff, and/or contractor’s field changes made during construction. Consultant shall also review Change Order requests from Contractor. “As-Built” improvement plans shall be submitted in AUTOCAD, Ersi GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an etransmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.

9. Meetings
Five (5) formal meetings (field, office or teleconference as directed by the City) shall be anticipated throughout the duration of the project during design and another three (3) meetings during construction.

93 01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

94 01225.0001/863604.2 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.

II. Within the budgeted amounts for each Task, and with the approval of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.

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

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
95 TASKS
QA/QC

MANAGER
$200
hourly

PROJECT

MANAGER
$175
hourly

PROJECT

ENGINEER
$140
hourly
2-PERSON

SURVEY CREW
$315
hourly
OE
TOTAL
HOURS
SUB-

CONSUL TANT
OE
T0TAL
COST
pHILadeLpHIa waterLIne Improvements
1 As-Built Research, Investigation and Review 2 6 16 24 $3,690.00 2 Utility Research and Notification 2 8 24 34 $5,160.00 3 Field Survey 4 5 45 54 $15,575.00
4 Geotechnical Engineering (8 Boreholes) 4 4 $22,951.00 $23,651.00 5 Preliminary Engineering - Base Maps, 30%, 60%, 90%, & 100% Plans 30 48 242 320 $48,280.00 6 Engineer's Quantity and Cost Estimate 2 2 20 24 $3,550.00 7 Plan Interpretation and Bidding Assistance 12 8 20 $3,220.00 8 Construction Support & Submittal Review 24 24 $4,200.00 9 Meetings 6 13 5 24 $4,175.00
10 Potholing (15 Potholes) 8 8 $23,202.00 $1,400.00
TOTAL HOURS & COSTS 42 129 320 45 536 $46, 153.00 $136, 103.00 EXHIBIT “C-1”

C-2
96 01225.0001/863604.2 D-1
EXHIBIT “D”

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

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

97 ID TASK DAYS BEGIN COMPLETE
september 2024 october 2024 november 2024 december 2024 january 2025 february 2025

1 5 10 15 20 25 30 1 5 10 15 20 25 30 1 5 10 15 20 25 30 1 5 10 15 20 25 30 1 5 10 15 20 25 30 1 5 10 15 20 25 1 Kick-Off Meeting 0 9/09/24 9/09/24 09/09
2 As-Built Research, Investigation
& Review 3 9/09/24 9/11/24 09/11
3 11 ST ST UTILITY NOTICEUTILITY NOTICE 5 9/12/24 9/18/24 09/18 4 Field Survey 12 9/12/24 9/27/24 09/27
5 Geotechnical Engineering 15 9/12/24 10/02/24 10/02 6 Base Maps 8 9/30/24 10/09/24 10/09
7 30% Plans & Estimates 8 10/10/24 10/21/24 10/21
8 Submit 30% Plans & Estimates 0 10/21/24 10/21/24 10/21 9 City Review of 30% Plans 10 10/22/24 11/04/24 11/04 10 30% Plans Meeting 0 11/04/24 11/04/24 11/04
11 Utility Potholing 15 11/05/24 11/25/24 11/25
12 Prepare 60% Plans & Estimates 20 11/26/24 12/23/24 12/23 13 Submit 60% Plans & Estimates 0 12/23/24 12/23/24 12/23 14 22 ND ND UTILITY NOTICEUTILITY NOTICE 5 12/24/24 12/30/24 12/30 15 City Review of 30% PS&E 10 12/31/24 1/13/25 01/13 16 60% Plans Meeting 0 1/13/25 1/13/25 01/13
17 Prepare 90% PS&E 15 1/14/25 2/03/25 02/03
18 Submit 90% PS&E 0 2/03/25 2/03/25 02/03
19 City Review of 90% PS&E 10 2/04/25 2/17/25 02/17 20 90% PS&E Meeting 0 2/17/25 2/17/25 02/17
21 Prepare 100% PS&E 5 2/18/25 2/24/25 02/24
22 Submit 100% PS&E 0 2/24/25 2/24/25 02/24
23 FINAL FINAL UTILITY NOTICEUTILITY NOTICE 2 2/25/25 2/26/25 02/26 EXHIBIT “D-1”

SCHEDULE
D-2 98
Project Name/No.: Walnut Ave. Water Line Replacement Contract No.: ______________ Design Services (WA242)

Project Manager: PW/ N. Avila Approved: ______________ 01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
HUNSAKER AND ASSOCIATES IRVINE, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 19th day of November, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Hunsaker and Associates Irvine, Inc. , (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, 99 01225.0001/863604.2 2
experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

1.3 Compliance with Law.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement . The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”) . Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each 100
01225.0001/863604.2 3
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
101
01225.0001/863604.2 4
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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

1.6 Familiarity with Work.

1.7 Software and Computer Services.

1.8 Care of Work.
102
01225.0001/863604.2 5
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

1.10 Additional Services.

1.11 Special Requirements.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and 103
01225.0001/863604.2 6
incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Forty-Nine Thousand Eight Hundred Thirty Dollars and Zero Cents ($149,830.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

2.3 Reimbursable Expenses.

2.4 Invoices.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 104
01225.0001/863604.2 7
(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

2.5 Waiver.

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

2.6 Contingency of Funds.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 105
01225.0001/863604.2 8
reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

3.4 Term.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. 106
01225.0001/863604.2 9
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

4.2 Status of Consultant.

4.3 Project Manager.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independ ent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 107
01225.0001/863604.2 10
to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 108
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(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 110
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 112
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 113
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

7.2 Disputes; Default.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 114
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

7.5 Rights and Remedies are Cumulative.

7.6 Legal Action.

7.7 Liquidated Damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 115
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Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

7.10 Attorneys’ Fees.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

8.2 Conflict of Interest.

8.3 Covenant Against Discrimination.

8.4 Unauthorized Aliens.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 117
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Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

9.3 Counterparts.

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

9.4 Integration; Amendment.

9.5 Severability.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he i s directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 118
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

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

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

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

CONSULTANT:

HUNSAKER AND ASSOCIATES IRVINE, INC
By:

Name:

Title:

By:

Name:

Title:

Address:

01225.0001/863604.2 A-1
EXHIBIT “A”

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

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

121

01225.0001/863604.2 A-2
EXHIBIT “A-1”

122

01225.0001/863604.2 A-3

123

01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

124

01225.0001/863604.2 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.

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

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
125
Engineer CAD Tech. Survey
Office Staff 1 person 2 person 3 person Geotechnical Potholing DESCRIPTION LEAD FIRM $240 $220 $200 $200 $200 $270 $350 $420 MAN-HOURS LABOR COST EXPENSES GEO-ADVANTEC BOUDREAU Task 1 - As-Built Research and Review H&A and
Boudreau 1 8 8 17 $3,420 $2,000 $0 $20,175 $25,595
Short memo of design criteria based on City
documents plus potholing
Task 2 - Utility Research and Notification H&A 1 14 14 29 $5,820 $0 $0 $0 $5,820 7 identified utility owners with 3 notifications
each and compiling data into base map
Task 3 - Field Survey H&A 1 2 4 32 48 87 $24,620 $6,000 $0 $0 $30,620 Aerial topo base map, detailed survey of utility
features and pothole locations
Task 4 - Geotechnical Investigation H&A and Geo-
Adavantec 1 4 0 5 $1,020 $2,000 $19,855 $0 $22,875
4 borings 20 feet deep, field and lab testing and
report (no haz. waste investigation)
Task 5 - Hydraulic Modeling H&A 0 24 2 26 $5,200 $0 $0 $0 $5,200 Model single new configuration and compare to
existing with short memo of findings
Task 6 - Preliminary Engineering Design H&A 12 48 96 156 $31,440 $0 $0 $0 $31,440 1 title sheet, 3 plan and profile drawings, 1
detail sheet and 1 traffic control plan
Task7 - Engineer's Quantity and Cost Estimate H&A 4 24 16 44 $8,880 $0 $0 $0 $8,880 Based on 30-60-90-100 submittals, 4 cost
estimates & 3 spec packages (no shoring)
Task 8 - Bidding Support H&A 2 6 0 8 $1,640 $0 $0 $0 $1,640 Budget based on 6 RFI's from bidders and no
addendums
Task 9 - Construction Support H&A 4 12 18 34 $6,880 $0 $0 $0 $6,880 Budget based on 6 submittals, 6 RFI's, 6 as-
built drawings and no change orders
Task 10 - Meetings H&A 24 24 4 52 $10,880 $0 $0 $0 $10,880 8 teleconference mtgs 1 hour each plus
preparation and follow-up
PROPOSAL TOTALS 0 50 166 162 32 0 48 0 458 $99,800 $10,000 $19,855 $20,175 $149,830

TOTAL TASK
COST
Principal Project
Manager
SUBCONSULTANTSCHINO Walnut Street Waterline
COST BREAKDOWN SPREADSHEET Field Survey
Labor Hours by Classification
Hunsaker & Associates
EXHIBIT “C-1”
C-2 126

01225.0001/863604.2 D-1
EXHIBIT “D”

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

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

127
DESCRIPTION LEAD FIRM 9/6 9/13 9/20 9/27 10/4 10/11 10/18 10/25 11/1 11/8 11/15 11/23 11/30 12/6 12/13 12/20 12/27 1/3 1/10 1/17 1/24 1/31 2/7 2/14 2/21 2/28 3/7 3/14 3/21 3/28 4/4 4/11 4/18 4/25 Task 1 - As-Built Research and Review H&A and
Boudreau
Task 2 - Utility Research and Notification H&A
Task 3 - Field Survey H&A
Task 4 - Geotechnical Investigation Geo-Adavantec
Task 5 - Hydraulic Modeling H&A
Task 6 - Preliminary Engineering Design H&A
Task7 - Engineer's Quantity and Cost Estimate H&A
City Review - 30% CHINO
City Review - 60% CHINO
City Review - 90% CHINO
City Approval - 100% CHINO
Task 8 - Bidding Support H&A
Task 9 - Construction Support H&A
Task 10 - Meetings H&A

DECEMBER
2024

JANUARY FEBRUARY
CHINO Walnut Street Waterline

INITIAL PROJECT SCHEDULE SEPTEMBER
To Be Determined

NOTICE TO PROCEED

MARCH APRIL
2025

OCTOBER NOVEMBER
EXHIBIT “D-1”

SCHEDULE OF PERFORMANCE
D-2
128

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 19, 2024

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

SUBJECT
..titl e
Amendment of the 2021 -2029 Housing Element Update and Introduction of Ordinance No . 2024-003 (ZOA PL23-0133).
..end

RECOMMENDATION
..recommendation
1) Approve Resolution No. 202 4-004 adopting an amendment to the City of Chino 2021 -2029 Housing Element, including any additional non -substantive revisions required by the California Department of Housing and Community Development (HCD); 2) approve the introduction of Ordinance No. 2024-003, to be read by number and title only, and waive further reading of t he Ordinance; and 3) authorize the City Manager to file all documents with HCD on behalf of the City.

..body

FISCAL IMPACT
There is no financial impact by approving the 2021 -2029 Housing Element Update and amending the Zoning Code related to implementation of the Housing Element.

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
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TITLE: AMENDMENT OF THE 2021 -2029 HOUSING ELEMENT UPDATE AND INTRODUCTION OF ORDINANCE NO. 2024-003 (ZOA PL23-0133).

PAGE: 2

BACKGROUND
The 2021-2029 Housing Element (Housing Element) was originally adopted by the City Council on January 4, 2022, and a revised version was adopted on January 17, 2023. As part of the Housing Element implementation, the City Council also adopted an ordinance (Ordinance No. 2023-008) in April 2023, which added Section 20.09.090 (Overlay Dist ricts for Affordable Housing) to the Zoning Code to implement Programs 3B (AHO-Affordable Housing Overlay) and 3C (MUO - Mixed Use Overlay) identified in the Housing Element. The adoption of this ordinance was required for HCD to certify the City’s updated Housing Element.

Following adoption, the updated Housing Element and proposed Zoning Code amendments were sent to HCD for review. After completing its review, HCD advised that additional revisions to the Housing Element and to the Zoning Code related to Programs 3B and 3C, and adding the implementation of Program 3F (Candidate Sites Used in Previous Housing Elements) were needed for HCD to be able to certify the City’s Housing Element. Staff also made changes to Sections 20.04.030 (Use Regulations) and 20. 21.340 (Senior Housing Projects) of the Zoning Code to completely address HCD’s additional comments. The proposed changes are summarized below in the Issues/Analysis section of the staff report. HCD also advised the City that following the adoption by the City Council of the proposed revisions to the Housing Element and Zoning Code to address their additional comments, HCD will be able to finally formally certify the Housing Element as it will comply with all State requirements.

On December 20, 2023, the Pl anning Commission held a public hearing on the pending revisions to the Housing Element and Zoning Code. One concern raised by the Planning Commission was the requirement that mixed use projects allow for 100% of the site to be developed with residential u nits and not be required to provide for a retail component. The Commission was informed that any additional amendments to the Housing Element, including removing or adding overlay sites, would likely further delay certification of the Housing Element.

The Planning Commission ultimately recommended the City Council adopt the revisions to the Housing Element and Zoning Code with no recommended changes by a vote of 6-0 (1 absent).

On February 6, 2024, the City Council held a public hearing to consider adoption of the revised Housing Element and the related Zoning Code amendments. The City Council voiced several concerns during the hearing related to the proposed Zoning Code amendments. The primary concern, similar to the Planning Commission, was a proposed chan ge that would allow sites within the MUO to be developed 100% with residential units, which could reduce the amount of existing or future commercial space in the City. Other questions brought up by the City Council included the impacts of not adopting the Housing Element and/or Zoning Code amendments and possibly removing some of the MUO sites to help protect commercial properties. As a result of their concerns, the Council requested the Housing Element and related Zoning Code amendments be brought to a Feb ruary 13, 2024 City Council study session to discuss the issues, and that the public hearing of the Regular City Council meeting be continued to February 20, 2024. At the continuation of the public hearing on February 20, 2024, the City Council directed st aff to have the General Plan Ad Hoc Committee meet with HCD representatives to discuss options related to required changes to the City’s MUO and AHO ordinance based on the City Councils concerns.

On April 28, 2024, the Housing Element Ad Hoc Committee met with Paul McDougall, Housing Policy Manager for HCD, to discuss the City’s concerns and to seek alternatives to the Zoning Code amendments. Some of the potential options initially identified by Mr. McDougall included finding additional non -commercial sites to add to the AHO districts; increasing the density and 130
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PAGE: 3

adding capacity at other existing AHO sites; and the removal of some commercial sites from the MUO, thereby reducing the number of total overlay sites. Mr. McDougall indicated that he would further evaluate the options he provided and respond back to the City once he had a chance to review the language in both Measure M (adopted in 1988) and Measure Y (adopted in 2022), which created the overlay districts to implement the new Housing Element.

The Housing Element Ad Hoc Committee met with Mr. McDougall again on July 15, 2024, to discuss his findings. At that meeting, Mr. McDougall confirmed that , after reviewing Measure M and Measure Y, the existing ordinance (Ordinance No. 2024-003) would need to be amended to include all the changes he originally requested and were last presented to the City Council in February. His recommendation is mostly due to the inability of the City to include alternative overlay sites to replace some of the MUO sites if removed by the City Council, or to increase the capacity at existing AHO sites, since doing so would require the passage of another ballot measure to amend the provisions approved under Measure Y, and to satisfy the requirements of Measure M. Mr. McDougall added that removing any current MUO district sites without replacing them in other areas of the City to accommodate the required RHNA number puts the City at risk of not having a large enough buffer capacity as recommended by HCD.

Another Housing Element study s ession was conducted on October 8, 2024, to go over all the information gathered by staff regarding the City Council’s concerns. Following the discussion at the meeting, the City Council directed staff to bring back the Housing Element amendments and Zoning Ordinance amendment as previously proposed on February 6 and 20, 2024, based on all the previous discussions and HCD’s feedback. The Council also directed staff to begin working with affordable housing developers to see if it is possible to develop affor dable housing projects in the City that are 100% affordable, or that include a greater percentage of affordable units than identified in the MUO and AHO. It was also recommended by Staff, the Housing Element consultant, and HCD that the revised Housing Ele ment and related Zoning Code amendments be adopted now so the Housing Element can be certified by HCD to be in compliance with State law. Following certification, the Housing Element can be amended if directed by City Council to address any remaining conce rns, subject to another potential ballot measure to amend provisions under Measure Y and approval of HCD.

ISSUES/ANALYSIS
2021-2029 Housing Element Revisions (Resolution No. 2024-004) The proposed revisions have been implemented in the revised Housing Element in direct response to the comments received by HCD on the Housing Element that was adopted in January 2023. A summary of the revisions is as follows:
 Assessment of Fair Housing, including analyzing disparities in access to opportunity and local knowledge and data on past zoning actions and City investment within the community.
 Clear goals, priorities, metrics, and milestones to address identified contributing factors to fair housing issues.
 Analysis of non-vacant sites resulting in further information on market trends. No change in candidate housing sites was made as a result of this analysis.  Reduction in assumption of Accessory Dwelling Units developed throughout the planning period.
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 Zoning for a variety of housing types consistent with the requirements of State law.  Evaluate processing and permit procedures, including typical timeframes for review.  Successful approval of the Measure Y vote, which implemented the overlay districts for affordable housing.
 Additional outreach, including a requ ired seven -day public review period prior to resubmittal of the Housing Element to HCD.

Zoning Code Revisions (Ordinance No. 2024-003)
The proposed revisions to the Zoning Code are in response to the meetings with HCD, and its review of proposed options as noted above. HCD’s determination is that the revisions below are required to comply with State law (Government Code Section 65583.2). A summary of the revisions is as follows:
 The Housing Element includes a Sites Inventory, which, among other things, list s sites that could accommodate lower-income housing developments. Some of these sites were also included in the Sites Inventory of previous Housing Elements but were never developed with housing. If a developer proposes a housing project on one of those si tes that makes at least 20% of its units affordable to lower-income households, then the City is required by State law to review that proposed project ministerially, without requiring any discretionary permits or California Environmental Quality Act (CEQA) review. There are different requirements, as defined within the Housing Element, depending on whether the site is vacant or nonvacant and how many previous elements the site has been included in. The proposed revisions to CMC Section 20.04.030 would imple ment this requirement.
 State law requires that sites with mixed use projects built in the MUO must reserve at least 50% of their floor area for residential use. The City is also required to allow projects to be 100% residential in the MUO, if proposed. The revisions to CMC 20.09.090 would implement these requirements.
 Similar to the first bullet point, State law requires that if a developer proposes a housing project in the AHO or the MUO that makes at least 20% of its units affordable to lower - income house holds, then the City is required to review that proposed project ministerially, without requiring any discretionary permits or CEQA review. The proposed revisions to CMC Section 20.09.090 would implement this requirement.  State law requires that the develo pment standards in the AHO and MUO zones must allow at least 16 units per site. The proposed revisions provide that the City will not enforce applicable development standards to the extent that they would physically preclude the development of at least 16 units on a site in the AHO or MUO.  Senior Housing is permitted to be developed in both the AHO and the MUO, pursuant to the standards set forth in Section 20.09.090. State law requires that all residential projects, including senior housing, on sites in th e AHO or the MUO be permitted to develop at a minimum density of 20 units per acre. The proposed revisions to CMC

20.09.090 and 20.21.340 clarify the density requirements for senior housing projects in the AHO or the MUO. Senior Housing is also permitted t o be developed in other residential zoning districts as well as various commercial zoning districts. Projects developed outside the AHO or MUO are subject to the development standards of the 132
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RD20 zoning district, which has a maximum density of 20 units per acre.

Environmental Review
On April 18, 2023, the City adopted an Addendum to the 6th Cycle Housing Element Update (2021-2029) Project Negative Declaration (ND) pursuant to Section 15164 of the CEQA Guidelines for the adoption of the Section 20.09.090 of the Chino Municipal Code. Th e Addendum determined that the project was within the scope of the ND, which adequately described the activity for the purposes of CEQA, and included findings supported by substantial evidence that there was no potential for a significant effect on the env ironment attributable to the adoption of the Section 20.09.090. The revisions in this ordinance fall within the project described in the Addendum and the ND and therefore no further CEQA review is required.

PUBLIC NOTICE
A 1/8 th page 10 -day notice was published in the Chino Champion on October 26, 2024. In addition, the City sent information out on its social media platforms. The notices exceed legal noticing requirements. To date, two email comments were received, provided to th e City Council, and saved to the November 5, 2024 City Council meeting record . If any additional comments are received after the posting of the staff report, they will be addressed at the City Council continued public hearing on November 19, 2024.

Attachments:

1. Resolution No. 2024-004

2. 2021-2029 Housing Element (strike out and underline version) (use link below)

3. Ordinance No. 2024 -003 amending Sections 20.04.030 (Use regulations), 20.09.090 (Overlay districts for affordable housing), and 20.21.340 (Senior housing projects)

https://www.cityofchino.org/591/Environmental-Documents

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ORDINANCE NO. 2024-003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING SECTIONS 20.04.030,

20.09.090, AND 20.21.340 OF THE CHINO MUNICIPAL CODE

REGARDING OVERLAY DISTRICT S FOR AFFORDABLE
HOUSING AND SENIOR HOUSING PROJECTS.

The City Council of the City of Chino, California, does hereby ordain as follows:

Section 1. A new subsection ( D) is hereby added to Section 20.04.030 (Use regulations) of the Chino Municipal Code and shall read as follows (additions in red):

D. Uses by right.

1. Notwithstanding the other provisions of this Section 20.04.030, and in accordance with Government Code Section 65583.2(c), as may be amended, a housing development project in which at least 20 percent of the units are affordable to lower -income households shall be a use by right on the following sites:

a. Nonvacant Sites. A nonvacant site that meets the following requirements:

i. The site is designated in the Sites Inventory of the 202 1-2029 Housing Element Update as accommodating a portion of the regional housing need for lower - income households;

ii. The site was included in the Sites Inventory in a Housing Element for a prior Housing Element planning period; and

iii. The site was not approved to develop a portion of the City’s hous ing need during the previous planning period when the site was in the Sites Inventory.

b. Vacant Site. A vacant site that meets the following requirements:

i. The site is designated in the Sites Inventory of the 202 1-2029 Housing Element Update as accommo dating a portion of the regional housing need for lower - income households;

ii. The site was included in the Sites Inventory in a Housing Element for two or more consecutive prior Housing Element planning periods; and

iii. The site was not approved to develop a portion of the City’s housing need during the previous planning periods when the site was in the Sites Inventory.

2. The projects described in subsection (1) shall not be required to obtain any discretionary permit, but shall be subject to the review procedures in Section 20.09.090(K), except that neither the design review nor the site approval shall be considered a “project” for purposes of the California Environmental Quality Act.

3. For purposes of this subsection (d), the following terms have the following meanings:
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a. “Affordable to lower-income households” means that:

i. The units shall only be rented or sold to lower -income households, as defined in Health and Safety Code Section 50079.5;

ii. Regardless of whether the applicant is s eeking a density bonus, the applicant shall comply with the requirements in Government Code Section 65915(c)(1) for rental units and with the requirements in Government Code Section 65915(c)(2) for for-sale units.

b. “Housing development project” shall have the meaning given in Government Code Section 65589.5(h)(2).

c. “Sites Inventory” means the inventory of sites in the City suitable for residential development that is included in the City’s Housing Element, as further described in Government Code Secti on 65583.2. The Sites Inventory in the City’s 20 21-2029 Housing Element Update is in Tables B-6 and B-7 of the Housing Element.

d. “Use by right” means that the project shall not require a conditional use permit, planned unit development permit, or ot her discretionary review or approval that would constitute a “project” for purposes of the California Environmental Quality Act.

However, any subdivision of the site shall be subject to all laws, including, but not limited to, the Subdivision Map Act and Tit le 16 of this code. Projects that are a use by right shall be subject to design review, but such design review shall not constitute a “project” for purposes of the California Environmental Quality Act.

Section 2. Section 20.09.090 (Overlay districts fo r affordable housing) of the Chino Municipal Code is hereby revised to read as follows (additions in red; deletions in bold strikethrough):

20.09.090 - Overlay districts for affordable housing.

A. Purpose and intent. The purpose of the overlay districts f or affordable housing - the affordable housing overlay (AHO) district and the mixed use overlay (MUO) district - is to promote the development of affordable housing for low and very low -income households in specific areas identified in the general plan at densities of up to thirty dwelling units per acre if affordability requirements established in this section are met. More specifically, the AHO and MUO allow residential uses where they would not otherwise be allowed and provide for additional density in r eturn for projects providing more affordable housing. The AHO is intended for standalone affordable housing projects, while the MUO provides for mixed use development with affordable housing either on upper floors or in separate buildings. This section also provides the residential development community two alternatives for construction of affordable housing within market-rate development and offers a streamlined process for administrative review of qualifying projects with affordable housing using checklists and objective standards as required by state law.

B. Relation to base zoning. The AHO and MUO district regulations shall apply in the case of a conflict with the base zoning district regulations when a housing project is proposed.

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district land use regulations and development standards apply. The AHO and MUO regulations and development standards only apply to proposed housing projects.

C. Permitted uses. Table 20 .09-4 identifies residential land uses permitted in the AHO and MUO districts in addition to the uses that are permitted within the existing base zoning district.

TABLE 20.09-4: ADDITIONAL LAND USES PERMITTED IN AHO AND MUO DISTRICTS Uses
District
Additional Regulations AHO and
MUO
Residential Uses
Accessory
Dwelling Units P Section 20.11.020
Multiple-Family
Dwellings P
Senior Housing
Projects P Section 20.21.340 with additional density allowed for affordable housing under criteria established in this section Warehousing and Storage
Public Storage C - MUO
only Sections 20.21.210 and 20.09.090(E)(4)

D. Required density and increased density for affordable housing.

1. Minimum and maximum density.
a. Rental projects. The maximum density for residential development with rental units in the AHO and MUO districts shall be twenty -six units per adjusted gross acre unless a project qualifies for additional density by providing more affordable housing pursuant to subsection (2) below or qualifies for additional density under state law under subsection (3) below, or both. The minimum density shall be twenty-six units per adjusted gross acre.
b. For sale projects. The maximum density for residential development with for -sale units in the AHO and MUO districts shall be thirty units per adjusted gross acre provided that at least three percent of the units are available for purchase by moderate income households at an affordable purchase price. The minimum density shall be twenty-six units per adjusted gross acre. c. Minimum density. The minimum residential density in the AHO and MUO districts shall be twenty-six units per adjusted gross acre.

2. Additional density for affordable rental housing. An increase in the maximum density is allowed, as shown in Table 20.09 -5, for qualifying residential development with rental units if the percentage of low -income units meets or exceeds the percentages shown, provided that the maximum density shall not exceed thirty units per adjusted gross acre.
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TABLE 20.09-5: ADDITIONAL DENSITY FOR QUALIFYING AFFORDABLE

RENTAL HOUSING PROJECTS IN AHO AND MUO DISTRICTS
Maximum Allowable Density
(Units per Adjusted Gross Acre)
26 27 28 29 30
Percent Affordable Units Required in Rental Projects:

Low Income Units 9 10 11 12 13

3. Additional density under state law. Applicants also may be eligible for a density bonus, incentives, and/or concessions under the state density bonus law, the Affordable Housing and High Road Jobs Act of 2022, and other applicable state laws.

E. Additional land use regulations for MUO district.

1. Types of mixed use allowed. Both horizontal and vertical mixed use development shall be allowed in the MUO district.
a. Horizontal mixed use development allows a range of uses adjacent to one another, either in separate buildings or parcels. Individual buildings may share project components, such as parking, serving, loading, and utility areas. b. Vertical mixed use allows for a mix of uses within a single building wher e non - residential uses occupy the ground floor and residential uses are on the upper levels. A vertical mixed use project may have surface parking, subterranean parking decks, and/or at grade and above grade parking decks.

2. Minimum amount of retail and service uses residential use required in a mixed -use project. In a mixed use project, at least ten fifty percent of the gross floor area shall be reserved for residential use. and occupied by retail shops, eating and drinking establishments, retail banks, financial and business services, or businesses offering personal services. If the project is within or adjacent to a shopping center or regional retail complex, this requirement for on -site retail uses shall be reduced to five percent.

3. One hundred pe rcent residential use allowed. Projects developed in an MUO district may be one hundred percent residential. No minimum percentage of non -residential uses is required.

34. Active and pedestrian-oriented frontages required. Along the primary building frontage, active ground floor uses are required in mixed use buildings with residential uses above commercial uses for at least sixty percent of street -facing spacing. These may include retail shops, eating and drinking establishments, retail banks, financial and business services, personal services, and offices for walk -in clientele, such as employment agencies, insurance offices, real estate offices, travel agencies, and offices for elected officials. For residential only buildings along a primary building frontage, an active frontage with a pedestrian orientation can include windows and glass doors, stoops and steps, covered entries, and windows providing views into active space within the building, such as lobbies and gyms. The director of development services also may allow these active and pedestrian-oriented frontages to be provided along private streets, interior walkways, and around plazas and courtyards 137
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within the interior of a mixed use project rather than on exterior frontages facing arterial streets.

45. Public storage facilities. In addition to the requirements of Section 20.21.210, public storage shall comply with the following standards:
a. Minimum site size. Public storage facilities are only allowed within mixed use development on sites with of five acres or more.
b. Setbacks. Public storage facilities shall be setback a minimum of fifty feet from front and street side property lines.
c. Maximum building height. If freestanding, the maximum building height for a public storage facility shall not exceed the building height of an adjacent residential only or mixed us building.
d. Maximum floor area. The maximum floor area for public storage facilities on a site shall not exceed twenty -five percent of the gross floor area for all residential and non-residential uses.
e. Exterior building materials. The exterior building materials, colors, and finishes of the public storage facility shall be the same as those used for residential and mixed use buildings on the project site to create a unified appearance. f. Building articulation. The building facades of public storage facilities that face streets or residential and mixed use buildings in a project shall include building projections or recesses, doorways or window trim, and other details tha t provide architectural articulation and visual interest.
g. On-site management. On -site, twenty -four-hour management shall be provided, and the planning commission may establish specific hours of operation as a condition of approval of a conditional use permit for a public storage facility.

F. Development standards for the AHO district. All residential development in the AHO district shall comply with the development standards in Table 20.09-6 and the supplemental design standards following the table; and with the multiple -family residential design standards in Section 20.17.050 to the extent these are not superseded by the supplemental design standards following the table. If no housing is proposed, then non -residential development must comply only with the standards of the base zoning district with which the AHO district is combined and the commercial design standards in Section 20.17.070.

TABLE 20.09-6: DEVELOPMENT STANDARDS FOR RESIDENTIAL

DEVELOPMENT IN THE AHO DISTRICT
Feature Standard Additional Regulations
Site Requirements
Minimum Lot Area 10,000 sq. ft.

Minimum Lot Width 100 feet
Maximum Lot Coverage 65%
Maximum Floor Area Ratio (non-
residential space) 0.85 Note 1
Minimum Landscape Coverage 15% See Chapter 20.19
Refuse Storage and Recycling See Chapter 20.10.060
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Building Form and Location
Maximum Building Height 40 feet Note 2
Minimum Setbacks:

Front 15 feet Notes 3, 4, and 5
Rear 10 feet; 15 feet if adjacent to a
Residential or Industrial district See also subsection (F)(1).

Interior Side 5 feet; 10 feet if adjacent to a
Residential district
Street Side 10 feet Chapter 20.18 and
Notes 3, 4, and 5
Minimum Building Separations 15 feet
Other Requirements
Off-street parking and loading
for non-residential uses See Chapter 20.18 (Parking)
Street curb cuts Note 6
Notes:
[1] Additional FAR is allowed up to 1.25 for projects with affordable rental units. The amount of additional FAR shall be calculated based on the increase in density allowed for qualifying projects meeting affordable housing criteria. For example, if a project receives a one unit per acre increase in density, then it receives a 0.125 increase in allowable FAR. [2] Additional height is allowed up to 45 feet for lots with at least 100 feet of primary street frontage to enable provision of sloped roofs and common open space for recreational facilities.

The upper story above 40 feet shall be setback back an additional seven feet from the interior property line if the project is adjacent to a residential zoning district. [3] The front setback may be reduced to 10 feet on the following streets: Riverside Drive and Central Avenue.
[4] A minimum 20-foot setback must be provided for garages and carports facing a street. [5] Open or covered porches may be constructed in the front and street side setbacks to encroach no closer than 12 feet to the front property line and 5 feet to the street side property line.
[6] New street curb cuts are not allowed on lots with alley access unless approved by the director of development services and the city engineer to accommodate affordable housing units.

1. Required side and rear yards for residential uses. In order to provide light and air for residential units and additional separation for rooms that contain areas that require additional privacy considerations, the following minimum setbacks shall apply to any building wall containing windows and facing an interior side or rear yard. The required setbacks apply to that portion of the bu ilding wall containing and extending three feet on either side of any window.
a. For any wall containing living room or other primary room windows, a setback of at least fifteen feet shall be provided.
b. For any wall containing sleeping room windows, a setback of at least ten feet shall be provided.
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Chino City CouncilNovember 19, 2024

Chino City Council
November 19, 2024