Agenda packet — Chino City Council, December 17, 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

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, DECEMBER 17, 2024

REGULAR MEETING
AGENDA
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

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

FLAG SALUTE

CEREMONIALS
Police Department New K9 - Introduction of New Police Department Member Bloodhound Puppy K9 Scout.

Chino Youth Christmas Parade Decorated Entry Competition Winners - Recognition of Chino Youth Christmas Parade Best Use of Theme, Best Overall Walker, and Best Overall Vehicle/Float Winners.

Boys Republic Della Robbia Wreaths - Recognition of the Della Robbia Wreath Program at Boys Republic.

Recognition Presented by the Chino Valley Medical Center - Recognition of the Chino Police Department and Chino Valley Fire District by the Chino Valley Medical Center for their response to a recent fire.

Recognition of Retirement - Recognition of June Sano, Community Services, Parks & Recreation Department, on her retirement from the City. 1 CHINO CITY COUNCIL
DECEMBER 17, 2024 2

AGENDA ADDITIONS/REVISIONS

INFORMATION
Economic Development Report for Fourth Quarter 2024. Receive and File the Quarterly Economic Development Report.

External Agency Report for December 17, 2024. Receive and file the External Agency Report for December 17, 2024 (Covering Meetings from October 1 - October 31, 2024).

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

PUBLIC COMMUNICATIONS
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.

NOVEMBER 5, 2024 ELECTION RESULTS

1. November 5, 2024 General Municipal Election. Results of the City of Chino General Municipal Election which was Consolidated with the Statewide General Election held on November 5, 2024.

Staff Report By: Natalie Gonzaga, City Clerk
RECOMMENDATION: Adopt Resolution No. 2024 -058 reciting the facts of the City of Chino General Municipal Election held on November 5, 2024, declaring the results and such other matters as provided by law.

SWEARING IN CEREMONY
Eunice M. Ulloa, Mayor
Christopher Flores, Council Member District 1
Karen C. Comstock, Council Member District 4

CITY COUNCIL REORGANIZATION

2. Selection of Mayor Pro Tem. Open nominations and appoint to the Office of Mayor Pro Tem for a two-year term.

3. Public Financing Authority Chair and Vice Chair Appointment Selection of a Public Financing Authority Chair and Vice Chair for a two-year term for 2025-2026. 2 CHINO CITY COUNCIL
DECEMBER 17, 2024 3

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.

4. Minutes. Regular Meeting Minutes for December 3, 2024 (All Members Present).

5. Warrants. Approve expenses as audited and within budget for warrants 773486 to 773601, and Electronic Fund Transfers 523446E to 523485E, totaling $2,020,292.12

6. 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.

7. Report on State and Federal Legislative Issues. Receive and file the Priority Legislative Items Report dated December 17, 2024 and the Tracked State Legislation Report.

8. Vendor Cap Increase with Moore United Construction, Inc. for citywide repairs and replacement projects. Approve a vendor cap increase with Moore United Construction, Inc., Ontario, CA in the amount of $100,000 for a total not -to-exceed amount of $150,000 for Citywide repairs and replacement projects.

9. Community Facilities Districts Annual Reporting for Fiscal Year Ending June 30, 2024. Receive and file the Community Facilities Districts Report for the Fiscal Year Ending June 30, 2024 pursuant to Senate Bill 165.

10. Amendment No. 1 - Cooperative Agreement Between the City of Chino and the City of Chino Hills for the Chino Hills Parkway Street Rehabilitation Project (R7231). Approve amendment no. 1 to Cooperative Agreement with City of Chino Hills for the Chino Hills Parkway Street Rehabilitation Project (R7231).

11. Amendment No. 1 with HR Green Pacific, Inc. for the Community Development Block Grant (CDBG) Program Alley Improvement Project FY 23-24 (SN240). Approve Amendment No. 1 for $3,800 with HR Green Pacific, Inc., (Contract No. 2025 -076) for the Community Development Block Grant (CDBG) Program Alley Improvement Project FY 23 -24 (SN240) for a revised total contract amount not to exceed $52,657.10.

12. Award Professional Services Agreement - Engineering Design and Bid Support Services for the Local Street Rehabilitation Project FY2025 (ST251). Award a professional services agreement with HR Green Pacific, Inc. for $408,990 for the Local Street Rehabilitation Project FY2025 (ST251).

13. Construction Credit and Reimbursement Agreement with Chino Development Corporation, a California Corporation, and Chino Preserve Development Corporation, a California Corporation for the Construction of the Southern California Edison (“SCE”) Easement Trail Improvements in The Preserve. Approve a construction credit and reimbursement agreement with Chino Development and Chino Preserve Development Corporation for an amount not to exceed $3,278,269.60 for the construction of the SCE Easement Trail Improvements in The Preserve. 3 CHINO CITY COUNCIL
DECEMBER 17, 2024 4

NEW BUSINESS

14. Introduction of Ordinance No. 2024 -013, Repealing Chapters 3.32 and 3.34 of the Chino Municipal Code and Adopting a new Chapter 3.32 Purchasing Ordinance. Approve the introduction of Ordinance No. 2024 -013, repealing Chapters 3.32 and 3.34 of the Chino Municipal Code and adopting a new Chapter 3.32, to update the Purchasing Ordinance.

Staff Report By: Jizelle Sandoval, Purchasing Manager
RECOMMENDATION: Approve the introduction of Ordinance No. 2024 -013, to be read by number and title only, and waiving further reading of the Ordinance, repealing Chapters 3.32 and 3.34 of the Chino Municipal Code and adopting a new Chapter 3.32, to update the Purchasing Ordinance, including the adjustment of the capitalization threshold, with an effective date retroactive to Fiscal Year 2024.

ORDINANCE NO. 2024-013 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, REPEALING CHAPTERS 3.32 AND 3.34 OF THE CHINO MUNICIPAL CODE, AND ADOPTING A NEW CHAPTER 3.32 ESTABLISHING A PURCHASING SYSTEM

15. Purchase Orders - FY2024 -2025 City Fleet Vehicles. Approve purchase orders to various vendors for the purchase of thirty -nine (39) City Fleet Vehicles for Fiscal Year 2024 -2025 for a total amount of $1,799,959.92.

Staff Report By: Isaac Moreno, Equipment Mechanic Supervisor RECOMMENDATION: Approve purchase orders to 1) M.K. Smith Chevrolet, Chino, CA, for $579,729.20 for the purchase of twelve (12) vehicles; 2) Western Truck Exchange, Los Angeles, CA, for $134,309.75 for the purchase of one (1) vehicle; 3) RCA Investments, Inc., Long Beach, CA, for $69,582.56 for the purchase of two (2) vehicles; 4) Warren Anderson Ford, Riverside, CA, for $805,229.76 for the purchase of nineteen (19) vehicles; 5) Saba Holding Company, LLC, Corona, CA, for $90,922.28 for the purchase of two (2) vehicles; 6) Fleet Vehicle Source, Inc., Covina, CA, for $60,645.62 for the purchase of two (2) vehicles; 7) Transwest Truck Center, LLC, Fontana, CA, for $59,540.76 for the purchase of one (1) vehicle; and 8) authorize the City Manager to execute all necessary documents on behalf of the City.

16. City Council Committee Assignments. Approve the Council Committee Assignments as presented for 2025-2026 to the various boards, committees, and commissions.

Staff Report By: Mayor Ulloa
RECOMMENDATION: Discuss and approve Council Committee Assignments for 2025 -2026 to the various boards, committees, and commissions.

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
4 CHINO CITY COUNCIL
DECEMBER 17, 2024 5
City Manager's Report
City Attorney's Report
Police Chief's Report
Director's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, January 7, 2025 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, December 13, 2024 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
5 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

SUBJECT
..titl e
Police Department New K9
..end
..body

6 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

RECREATION

SUBJECT
..titl e
Chino Youth Christmas Parade Decorated Entry Competition Winners. ..end

RECOMMENDATION
Recognize the Chino Youth Christmas Parade Decorated Entry Competition Winners:
- Best Use of Theme
- Best Overall Walker
- Best Overall Vehicle/Float
..body

7 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

SUBJECT
..titl e
Boys Republic Della Robbia Wreaths
..end
..body

8 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

SUBJECT
..titl e
Recognition Presented by the Chino Valley Medical Center ..end
..body

9 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

RECREATION

SUBJECT
..titl e
..end
Recognition of June Sano, Community Services, Parks & Recreation Department, on her retirement from the City.
..body

10 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

SUBJECT
..titl e
Economic Development Report for Fourth Quarter 2024.
..end
..body

11 12
13 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

SUBJECT
External Agency Report for December 17, 2024.
..end

RECOMMENDATION
..titl e
Receive and file the External Agency Report for December 17, 2024 (Co vering Meetings from October 1 – October 31, 2024)

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

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

ISSUES/ANALYSIS
The attached Monthly Agency Report for December 17, 2024, summarizes recent discussions and actions during external meetings attended by City Council Members. It focuses on items that may impact or be of interest to the City of Chino, its residents, and its bu sinesses. The report covers meetings that occurred from October 1, 2024, to October 31, 2024.

14 CITY OF CHINO

MONTHLY AGENCY REPORTS
DECEMBER 17, 2024 - Covering meetings from October 1 through October 31 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 No meeting during this reporting period.

Next anticipated meeting date: December 17, 2024

CHINO VALLEY CHAMBER OF COMMERCE
Council Representative: Christopher Flores | Staff Report By: Ellyse Martinez Meeting Date: October 21, 2024
On October 10, Ellyse Martinez and Nikki Love attended the Chamber of Commerce Inland Empire Entrepreneurship forum. T hey spoke with entrepreneurs in the Inland Empire and learned more about struggles and tips for local entrepreneurs looking to start small businesses.

On October 19, Jackie Melendez, Ellyse Martinez, and Nikki Love attended the Chamber of Commerce Business Expo in Chino Hills. They hosted a booth, distributed information on opening a business in Chino, and introduced themselves to local business owners.

On October 21, Council Member Christopher Flores attended the Chamber of Commerce Board meeting. He updated the board on events and projects the City is working on to support small businesses.

Next anticipated meeting date: November 18, 2024

CHINO BASIN DESALTER AUTHORITY
Council Representative: Eunice Ulloa | Staff Report By: Pete Vicario Meeting Date: October 22, 2024
Water Deliveries and Grant Update
For the month of September, water deliveries from the Chino Basin Desalter Authority (CDA) totaled 466 acre- feet (AF). As of today, the total water deliveries amount to 1,350 AF.

The CDA has applied for grant funding from the U.S. Bureau of Reclamation's WaterSMART Program. This funding will support the implementation of a new water softening system at the Chino I Ion Exchange Facility, replacing the existing conventional water softener, which has reached the end of its useful life.

Next anticipated meeting date: November 19, 2024
15 MONTHLY AGENCY REPORTS – DECEMBER 17, 2024 (Covering Meetings from 10/1/24 – 10/31/24) PAGE 2

CHINO BASIN WATERMASTER
Council Representative: Eunice Ulloa | Staff Report By: Benjamin Orosco Meeting Date: October 24, 2024
Consent Calendar - The Board approved the Consent Calendar, which included the receipt of routine financial reports (normal course of business) ending August 31, 2024.

New Business Items
Annual Streamflow Monitoring Report for Water Rights Permit 21225 . The Annual Streamflow Monitoring Report for Fiscal Year 2023-24 was submitted to the Department of Fish and Wildlife on September 20, 2024.

Approximately 15% of the total estimated discharge was diverted for recharge. About 87% of the diversions occurred during storm events between November 1 and March 30.

Resolution 2024-0 4 – To Increase the Chino Basin Safe Storage Capacity . The Board approved and adopted Resolution 2024-04 to increase the storage basin capacity from 700,000 to 900,000 acre -feet. The proposed order will be filed with the Court.

Reports/Updates
Watermaster Legal Counsel

1. Court of Appeal Consolidated Cases No. E080457 and E082127 (City of Ontario appeal re: Fiscal Year 2021- 22 and 2022-23 Assessment Packages). The case involves the City of Ontario challenging the assessment of treatment of voluntary withdraws from the Dry Year Yield (DYY) account. There has been nothing new to report since last month. A decision by the court is pending. It is estimated to be ruled on by the end of the calendar year.

2. Court of Appeal Case No. E080533 (Cities of Chino, Ontario appeal re: Fiscal Year 2022 -23 Watermaster budget expenses to support CEQA analysis). The case involve s Chino and Ontario challenging Watermaster's budget expenses and the cities’ requested oral arguments against the tentative ruling that would uphold the ruling by Judge Ochoa , which denied the challenge. Oral arguments will take place on Tuesday, November 5, 2024.

Next anticipated meeting date: November 21, 2024
CHINO VALLEY INDEPENDENT FIRE DISTRICT – Liaison to Board of Directors Council Representative: Karen Comstock | Staff Report By: Linda Reich Meeting Date: October 9, 2024
Agreement With Citygate Associates to Update CVFD Standards of Cover Assessment and Master Plan Update.

The Board approved a contract with Citygate Associates for an update to the Standards of Cover Assessment and an update to the District’s Master Plan in an amount not to exceed $87,193, plus a 10% contingency.

One of the project deliverables is a Final Report that includes the following:
• A summary of the District’s current deployment model and response performance, including any opportunities for improvement.
16 MONTHLY AGENCY REPORTS – DECEMBER 17, 2024 (Covering Meetings from 10/1/24 – 10/31/24) PAGE 3

• Identification of service delivery expectations.
• An analysis of the values to be protected within the service area, along with identification and evaluation of potential hazards and overall risk.
• An analysis of the efficiency of the current deployment scheme of firefighting resources within the District’s service area.
• An analysis of the District’s ability to meet its fire and EMS first responder deployment needs and expectations.
• Recommendations for deployment of existing resources, including projected growth, within the service area to optimize service delivery.
• Recommendations for deployment of new resources, changes to fire station location, or changes to staffing, if any, to meet current and near-term future service delivery needs.

Public Comments
During the public comment period, Teamsters Local 1932 members discussed issues with the bargaining negotiations and management. They stated that their union requests the same compensation changes given to other groups, which they note are being provided more.

Resolution No. 2024-16 Pertaining to Unrepresented Confidential Employee Compensation. On a vote of 5-0 , the Board adopted the following compensation package for confidential employees:
• Covers a three-year term beginning July 1, 2024, and ending June 30, 2027 • Provides a salary increase of 6% over the three years : two percent (2%) effective the first pay period that includes July 1, 2024; two percent (2%) effective the first pay period that includes July 1, 2025; and two percent (2%) effective the first pay period that includes July 1, 2026. • Additional District contribution of two hundred fifty dollars ($250) per month to the cafeteria benefit plan effective the first pay period that includes July 1, 2024 for a total of $1,815 per month); an additional one hundred thirty-five ($135) per month to the cafeteria benefit plan effective the first pay period that includes July 1, 2025 for a total of $1,950; and an additional two hundred fifty dollars ($250) per month to the cafeteria benefit plan effective the first pay period that includes July 1, 2 026 for a total of $2,200.
• Educational Incentive Pay effective the first pay period that includes July 1, 2024, of one hundred fifty dollars ($150) per month for associate's degree; two hundred fifty ($250) per month for bachelor's degree; three hundred dollars ($300) per month for master's degree. • The compensation package includes other provisions.

Resolution No. 2024-17 Pertaining to Unrepresented Management Employee Compensation. On a vote of 5-0, the Board adopted the following compensation package for unrepresented management employees:
• Covers a three-year term beginning July 1, 2024, and ending June 30, 2027. • Provides a salary increase of 11 % over three years: five percent (5%) effective the first pay period that includes July 1, 2024; three percent (3%) effective the first pay period that includes July 1, 2025; and 17 MONTHLY AGENCY REPORTS – DECEMBER 17, 2024 (Covering Meetings from 10/1/24 – 10/31/24) PAGE 4

three percent (3%) effective the first pay period that includes July 1, 2026. • Additional District contribution of two hundred fifty dollars ($250) per month to the cafeteria benefit plan effective the first pay period that includes July 1, 2024 , for a total of $1,815 per month; an additional one hundred thirty-five ($135) per month to the cafeteria benefit plan effective the first pay period that includes July 1, 2025 for a total of $1,950; and an additional two hundred fifty dollars ($250) per month to the cafeteria benefit plan effective the first pay period that includes July 1, 2 026 for a total of $2,200.
• Increase Administrative Leave hours from eighty (80) hours per year to one hundred (100) hours per year, effective January 1.
• The compensation package includes other provisions.

The budget impacts of the two compensation resolutions were not provided.

Meeting Date: October 23, 2024
The Board discussed the State of the Fire District event, which was to be held on the following day, Thursday, October 24, 2024.

Next anticipated meeting date: November 13, 2024

CHINO VALLEY UNIFIED SCHOOL DISTRICT
Council Representative: Curtis Burton | Staff Report By: Vivian Castro Meeting Date: October 3, 2024 – Special Meeting: Budget Study Session Superintendent Enfield provided an overview of the objectives of the study session. Sandra Chen, Associate Superintendent, Business Services, presented the 2024-25 Budget update, which included the following topics:
the Board’s role and responsibility; the s tate’s economy and budget; CVUSD trends and patterns ; drivers of CVUSD’s revenues and expenditures; multi-year projections; budget concerns; and next steps.

Meeting Date: October 17, 2024
New Board Policy Philosophy, Goals, Objectives & Comprehensive Plans 0100.1 —No Deception. The Board approved the policy on a 4-1 vote, with Bridge voting no.

The policy states:

Chino Valley Unified School District (CVUSD) is committed to maintaining 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 truthful 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. 18 MONTHLY AGENCY REPORTS – DECEMBER 17, 2024 (Covering Meetings from 10/1/24 – 10/31/24) PAGE 5

• no omission: withholding information or providing partial information that may mislead or create a false understanding is strictly prohibited.

Revision of Board Bylaw 9010 —Public Statements. The Board r eceived for information the revision of Board Bylaw 9010—Public Statements, which provides updated guidelines for board member public communications, including individual comments by board members and comments made on behalf of the Board as a whole , as recommended by the California School Boards Association (CSBA).

Revision of Board Bylaw 9012—B oard Member Electronic Communications. The Board received for information the revision of Board Bylaw 9012 —Board Member Electronic Communications , which provides updated guidelines for board member electronic communications to correspond with CSBA recommended language.

Next anticipated meeting date: November 7, 2024
CHINO VALLEY UNIFIED SCHOOL DISTRICT – Measure G Oversight Committee Council Representative: Karen Comstock | Staff Report By: Silvia Avalos Meeting Date: October 30, 2024
Legacy Academy K-8. All work at Legacy Academy has been completed, and the project is now closed.

Borba, Marshall, and Walnut Elementary Schools -Front Office Relocations. All three sites were opened to the community just in time for the 2024-25 school year.

Glenmeade, Litel, and Oak Ridge Elementary Schools -F ront Office Relocations . Litel and Oak Ridge multi - purpose rooms, including punch list items and signage, have been completed.

Glenmeade’s new administration building is running smoothly, and all punch list items have been addressed.

Conversion of the old admin istration building into the school library is now under constr uction and is approximately 50% complete. All utilities have been installed.

Don Lugo High School – New Administration Building, Kitchen, and Pool Renovations . The existing administration building was demolished to make way for a new administrative building and offices. Excavation is complete, underground utilities have been set in place, and footings have been poured. Over the next 18 months, the school will also receive upgrades to the site kitchen, aquatic facilities, and gymnasium.

Next anticipated meeting date: January 29, 2025
CITIZEN’S COMMITTEE FOR CIM & CIW
Council Representative: Marc Lucio | Staff Report By: Ted Olden Meeting Date: October 8, 2024
California Institution for Women
• The current facility population is 1,247.

Events
• The “Every 15 Minutes” event on 10/24/24 aims to educate incarcerated individuals about the long- term impact on families who have been victims of incidents caused by impaired driving. 19 MONTHLY AGENCY REPORTS – DECEMBER 17, 2024 (Covering Meetings from 10/1/24 – 10/31/24) PAGE 6

California Institution for Men
• The population total is 2,271, with 43 being Condemned Inmates.

Projects
• The 50-bed mental health facility currently under construction is projected to be completed in June 2025.
• The warden confirmed that gate staffing at CIM will remain in place despite budget cuts impacting staffing at other institutions.

Next anticipated meeting date: December 10, 2024
WEST END ANIMAL SERVICES AGENCY – JOINT POWERS AUTHORITY Council Representative: Curtis Burton | Staff Report by: Rogelio Huerta Meeting Date: October 3, 2024
The West End Animal Services Agency (WEASA) Board of Directors held a regular meeting on October 3, 2024.

Key actions taken during the meeting include the adoption of the Fiscal Year 2024-25 budget, authorization of a design services agreement with Miller Architectural Corporation for the temporary and permanent animal shelters, and the adoption of a conflict -of-interest code. The Board also received an update on the Executive Director recruitment process and discussed potential future collaborations with local non-profit organizations.

Next anticipated meeting date: November 7, 2024

INLAND EMPIRE UTILITIES AGENCY
Council Representative: Eunice Ulloa | Staff Report by: Benjamin Orosco Meeting Date: October 16, 2024
Action Items

1. Approved the Recycled Water and Sewer Service Agreement with San Bernardino County for a three -year agreement for recycled water and sanitary sewer service for Prado Park properties. IEUA will provide “unclaimed” recycled water supplies in accordance with IEUA Ordinance No. 115.

2. Approve d the agreement with Metropolitan Water District of Southern California for the Chino Basin Program Water Storage Investment Program Environmental Water Exchange. The Program will provide an environmental water exchange of 375,000 acre-feet (AF) for 25 years with the California Department of Water Resources (DWR) for pulse flows as called by the California Department of Fish and Wildlife.

3. Adopted Resolution No. 2024-10-3, Agreeing to Dissolve the Chino Basin Water Bank Planning Authority and Approve an Amendment Terminating the Authority's Joint Powers Agreement.

Next anticipated meeting date: November 20, 2024
20 MONTHLY AGENCY REPORTS – DECEMBER 17, 2024 (Covering Meetings from 10/1/24 – 10/31/24) PAGE 7

LEAGUE OF CALIFORNIA CITIES – I nland Empire Division
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: November 22, 2024

OMNITRANS BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: October 2, 2024
The Board received an update from staff on meetings with member agencies on future Bus Rapid Transit (BRT)/Express Bus Corridors. BRT is a fixed route service that operates between high-volume areas with fewer stops and shorter wait times between buses , providing high-quality transit. OmniTrans is working with SBCTA to update the Long-Range Multimodal Transportation Plan. OmniTrans and SBCTA staff have met with member agencies on proposed future expansions of BRT routes. Chino staff scheduled the first meeting with the group.

Chino has potential future BRT routes along the Euclid Avenue and Edison Avenue corridors and expressed a desire to work together to bring BRT service into the Chino area with future projects. OmniTrans presented that they had received similar positive feedback from all member agencies they met with.

The Board also received an update on Zero -Emission Bus Strategies. The state requires all buses procured by 2029 to have zero emissions . Staff presented that OmniTrans uses both electric/battery buses and hydrogen fuel-cell buses. Each technology has advantages and challenges , leading staff to recommend a mix of both technologies depending on their use. Staff also presented an update on the progress of both technology industries, with hydrogen fuel cells being very early in the development cycle. The current plan is for all buses in operation to be zero-emission by 2040 as combustion buses are phased out.

Next anticipated meeting date: November 6, 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 BOARD OF SUPERVISORS
Staff Report by: Rogelio Huerta
Meeting Date: October 22, 2024
The San Bernardino County Board of Supervisors approved several key projects in the City of Chino. A construction contract was awarded to PUB Construction Inc. for the Prado RV Restroom Remodel Project, which will upgrade restroom facilities at this popular recreational site. Additionally, the Board approved the Riverside Drive Right Turn Lane Project , which will improve traffic flow and safety at a busy intersection. This 21 MONTHLY AGENCY REPORTS – DECEMBER 17, 2024 (Covering Meetings from 10/1/24 – 10/31/24) PAGE 8

project was exempted from the California Environmental Quality Act review process, streamlining the approval process. These projects are expected to enhance the quality of life for Chino residents and contribute to the overall development of the City.

Next anticipated meeting date: November 5, 2024

SAN BERNARDINO COUNTY SOLID WASTE ADVISORY TASK FORCE
Council Representative: Karen Comstock | Staff Report by: Xo chitl Huerta Meeting Date: October 23, 2024
Overview of Circular Action Alliance and SB 54
Francis Veilleux from the Circular Action Alliance, a U.S. Producer Responsibility Organization (PRO), presented an overview of Senate Bill 54 (SB 54). This legislation, known as the California Plastic Pollution Prevention and Packaging Producer Responsibility Act, aims to tackle plastic waste and pollution in California while fostering a circular economy for paper and packaging.

Key Provisions of SB 54

1. Extended Producer Responsibility (EPR) Requirements:

Producers must develop plans to minimize the environmental impact of their packaging, transferring financial responsibility for end-of-life management to them.

2. Producer Responsibility Organization (PRO) Requirements:

Establishes a producer-led, nonprofit organization responsible for meeting Extended Producer Responsibility (EPR) regulations.

3. Funding for Recycling Programs:

Producers must contribute to recycling and waste management funding without violating existing franchise agreements.

Committee Updates
• The committee welcomed two new members to the Solid Waste Technical Committee: Radon Lane from Athens Services and Xochitl Huerta from the City of Chino. • Linda Ceballos from the City of Rancho Cucamonga provided an update on new regulations and legislative changes approved by the governor in September. • Noah Westbury from the Local Enforcement Agency (LEA) reported on current operations and closures of solid waste facilities, detailing both ongoing projects and those that have completed the permit process.

Next anticipated meeting date: April 16, 2025
SBCTA – San Bernardino Co. Transportation Authority Board of Directors Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: October 2, 2024
22 MONTHLY AGENCY REPORTS – DECEMBER 17, 2024 (Covering Meetings from 10/1/24 – 10/31/24) PAGE 9

The Board received a n update on the Long -Range Multimodal Transportation Plan on the consent calendar .

SBCTA staff is working to update the plan to help guide future prioritization of multimodal transportation projects. SBCTA staff and OmniTrans staff met with member agencies to discuss potential proposed Rapid Bus Transit/Express Bus Corridors. Chino's proposed routes include Euclid Avenue and Edison Avenue, which Chino staff supported. The item was not pulled for further discussion during the meeting.

Next anticipated meeting date: November 6, 2024
SAN BERNARDINO COUNTY – 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: TBD

SANTA ANA WATERSHED ADVISORY COUNCIL
Council Representative: Chris Flores | Staff Report by: Benjamin Orosco Meeting Date: October 17, 2024
The Consent Calendar passed with no items affecting the City of Chino. No current items to report.

Next anticipated meeting date: December 19, 2024

WATER FACILITIES AUTHORITY BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report by: Benjamin Orosco No meeting during this reporting period.

Next anticipated meeting date: November 21, 2024

WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
Council Representative: Chris Flores | Staff Report by: V ivian Castro Meeting Date: October 22, 2024

1. Staff provided reports on Field Operations, Vector Disease and Surveillance, IT/Community Outreach Activities, and Administrative Activities for August and September 2024 . The field and vector reports showed decreases from the prior year's period . Monthly meetings with the City of Ontario regarding the Mill Creek Wetlands in Chino and the US Army Corps regarding the Yorba- Slaughter Adobe house basin were held. The highest number of mosquitos collected during the period were in Chino.

2. The Board voted unanimously to:
23 MONTHLY AGENCY REPORTS – DECEMBER 17, 2024 (Covering Meetings from 10/1/24 – 10/31/24) PAGE 10

a. Hold a combined November/December Board meeting on Tuesday, December 10. b. Cancel the January 2025 Board meeting and hold the next meeting in February 2025. c. Approve the 2025 Holidays Calendar for the WVMVCD.

Next anticipated meeting date: December 10, 2024
24 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

SUBJECT
..titl e
November 5, 2024 General Municipal Election.
..end

RECOMMENDATION
..recommendation
Adopt Resolution No. 2024-058 reciting the facts of the City of Chino General Municipal Election held on November 5, 2024, declaring the results and such other matters as provided by law. ..body

FISCAL IMPACT
The actual cost of the election will be determined upon receipt of the f inal invoice from the San Bernardino County Registrar of Voters , anticipated to be received in April 2025 . Based on historical election costs, $65,675 was budgeted for the election in the current fiscal year.

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
25 CITY COUNCIL MEETING DATE: DECEMBER 17, 2024
TITLE: NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION.

PAGE: 2

BACKGROUND
The City of Chino held a General Municipal Election on November 5, 2024 to elect a Council Member in District 1 for a full-term of four years; a Council Member in District 4 for a full term of four-years; and a Mayor for a full -term of four years. The election was conducted in accordance with the Elections Code of the State of California.

Additionally, pursuant to City Council Resolution No. 202 4-025 adopted on June 4, 2024, the election was consolidated with the Statewide General Election and conducted by the County of San Bernardino Elections Department.

ISSUES/ANALYSIS
The returns of the election have been canvassed and the San Bernardino County Registrar of Voters has certified the results; the results are included as Exhibit A to Resolution No. 202 4- 058. Based on the County’s certified election results, Christopher A. Flores was elected Member of the City Council for District 1 for a full -term of four years; Karen C. Comstock was elected Member of the City Council for District 4 for a full term of fo ur-years; and Eunice M. Ulloa was elected to the Office of Mayor for a full term of four-years.

Adoption of Resolution No. 202 4-058 will satisfy the requirements to declare the results of the November 5, 202 4, General Municipal Election and directs the Ci ty Clerk to execute a Certificate of Election and deliver same to each person elected and administer the Oath of Office to each person so elected.

Attachment: Resolution No. 2024-058

26 RESOLUTION NO. 2024-058

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

CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF CHINO ON NOVEMBER 5, 202 4

DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED

BY THE PROVISIONS OF LAW

WHEREAS, a General Municipal Election was held and conducted in the City of Chino, California, on Tuesday, November 5, 2024, as required by law; and

WHEREAS, Notice of the Election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in time, form, and manne r as required by the provisions of the Elections Code of the State of California for holding of elections in general law cities; and

WHEREAS, pursuant to City Council Resolution No. 2024-025 adopted on June 4, 2024, the County of San Bernardino Elections Department canvassed the returns of said election and has certified the results to this City Council ; said results are received, attached and made a part hereof as Exhibit A;

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

SECTION 1. That the whole n umber of votes (ballots) cast in the P recincts and Vote by Mail Ballots are detailed in the Official Canvass attached and made a part hereof as Exhibit A.

SECTION 2. That the names of the persons voted for at the General Municipal Election as presented on the ballot are as follows:

CITY OF CHINO MAYOR
Paul A. Rodriguez
Eunice M. Ulloa

MEMBER OF THE CITY COUNCIL, DISTRICT 1
Christopher Flores

MEMBER OF THE CITY COUNCIL, DISTRICT 4
Karen C. Comstock

SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates are listed in Exhibit A attached.

27 RESOLUTION NO. 2024-058
PAGE 2

SECTION 4. The City Council does hereby declare and determine that:

Eunice M. Ulloa was elected as Mayor for the full term of four years;

Christopher Flores was elected as Member of the City Council for District 1 for the full term of four years;

Karen C. Comstock was elected as Member of the City Council for District 4 for the full term of four years; and

SECTION 5. The City Clerk shall enter into the record of the City Council of the City of Chino, a statement of the results of said election, showing: 1) the whole number of ballots cast in the City; 2) the names of the persons voted for; 3) the office each person was voted for; 4) the number of votes cast at each precinct to each person; and 5) the total number of votes given to each person.

SECTION 6 . That the City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected, the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribed thereto and file the same in the office of the City Clerk. Whereupon each and all of said persons so elected shall be inducted into the respective office to which they have been elected.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

APPROVED AND ADOPTED THIS 17th DAY OF DECEMBER, 2024.

EUNICE M. ULLOA, MAYOR
ATTEST:

NATALIE GONZAGA, CITY CLERK

28 RESOLUTION NO. 2024-058
PAGE 3

CITY OF CHINO )
COUNTY OF SAN BERNARDINO ) §

STATE OF CALIFORNIA )

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting held on 17th day of December 2024 by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachment: Exhibit A

29 RESOLUTION NO. 2024-058
PAGE 4

EXHIBIT A

Statement of Certification of Election Results

30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

SUBJECT
..titl e
Selection of Mayor Pro Tem.
..end
..recommendation

..body

103

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

SUBJECT
..titl e
Public Financing Authority Chair and Vice Chair Appointment ..end

RECOMMENDATION
Selection of a Public Financing Authority Chair and Vice Chair for a two -year term for 2025 - 2026.
..body

104

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

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

105

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, DECEMBER 3, 2024

MINUTES
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The December 3, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:00 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 Burton led the Pledge of Allegiance.

PERFORMANCE BY THE CHINO COMMUNITY CHORUS
Mayor Ulloa welcomed the Chino Valley Community Chorus who preformed a melody of holiday songs.

A brief recess was taken.

CEREMONIALS
Chino Youth Museum's 25th Anniversary - Recognition of Chino Youth Museum's 25th Anniversary - December 2024.

Mayor Ulloa presented a certificate of recognition to the Chino Youth Museum Board Members for the 25th Anniversary of the Chino Youth Museum.
2024 Sports Legends Youth Volunteer Award Winner - Recognition of the 2024 Sports Legends Youth Volunteer Award Winner, Mike Garcia, Chino Youth Boxing Foundation, for service to youth sports in the Chino Community.

Mayor Ulloa presented the 2024 Sports Legends Youth Volunteer Award to Mike Garcia, Chino Youth Boxing Foundation, for service to youth sports in the Chino Community.

CIM Presentation - Presentation of Donations by California Institution for Men (CIM) to Local Non-Profits Chino Valley Unified School District HOPE Program, The Key and Chino High School Football Club Chino Cowboy Huddle.
106

CHINO CITY COUNCIL
DECEMBER 3, 2024 2
Mayor Ulloa invited California Institute for Men (CIM) Warden Travis Pennington, Public Information Officer Lieutenant Ignacio Vera, and Community Resources Manager Angela Wirth, who presented donation checks to the representatives of the Chino Valley Unified School District HOPE Program, The Key, and the Chino High School Football Club Chino Cowboy Huddle.

Business of the Month - Award of Business of the Month for December 2024 to Pizzaioli Italian Restaurant.

Mayor Ulloa announced the December 2024 Business of the Month Award recipient Pizzaioli Italian Restaurant.

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

Mayor Ulloa presented the Mayor's Home Beautification Award for December 2024 to the Garcia Family of Cypress Avenue in Chino.

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:

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

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

The 2024 Holiday Home Decorating Contest is open and residents can cast their votes for their favorite holiday decorated home. Participating homes can be viewed on the map at www.cityofchino.org/holidayhome.

City Hall and most city facilities will observe a holiday closure or have limited hours starting December 24, 2024, with normal operations resuming on January 2, 2025. Waste Management waste collection services will be delayed by one day during the week of December 25, 2024 and the week of January 1, 2025.

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

Donna Marchesi, spoke regarding the West End Animal Services Agency.

Terry Carver, spoke regarding the West End Animal Services Agency. 107

CHINO CITY COUNCIL
DECEMBER 3, 2024 3

CONSENT CALENDAR

1. Minutes. Regular Meeting Minutes for November 19, 2024 (Mayor Ulloa Absent).

2. Warrants. Approve expenses as audited and within budget for warrants 773296 to 773485, and Electronic Fund Transfers 523352E t0 523445E, totaling $5,380,373.04

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. Adoption of Ordinance No. 2024 -003. Approve the adoption of Ordinance No. 2024 -003 (Second Reading), amending the Zoning Code to comply with State law (Government Code Section 65583.2).

Motion by Mayor Pro Tem Comstock, seconded by Council Member Lucio, to approve the Consent Calendar items 1-4 as presented. The motion carried by the following vote:

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

ABSENT: NONE.

NEW BUSINESS

5. Amendment No. 5 - Cooperative Agreement between the City of Chino and San Bernardino County Transportation Authority (SBTCA) for the Interchange Improvements at Central Avenue and State Route 60. Appropriate $620,440 to the Transportation Fund (320) from the General Fund (100) reserves; and approve Amendment No. 5 to the Cooperative Agreement between the City of Chino and the San Bernardino County Transportation Authority.

Staff Report By: Michele Hindersinn, Senior Engineer
RECOMMENDATION: 1) Appropriate $620,440 to the Transportation Fund (320) from the General Fund (100) reserves; 2) increase the budget for Project R7200, Central Ave State Route 60 Improvements, by the same amount, for a total budget not to exceed $18,419,384; 3) approve Amendment No. 5 to the Cooperative Agreement between the City of Chino and SBCTA to address additional costs related to landscape maintenance, right -of-way acquisition, and other soft costs. This amendment will increase the City’s cost share by $405,441, bringing the City’s total cost share amount to $16,921,957, with an overall contract amount of $36,891,327; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

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

Mayor Ulloa inquired about the high cost increase of landscape maintenance. Hye Jin Lee, Director of Public Works, explained construction and labor costs have increased exponentially.

Paul Melocoton of San Bernardino County Transportation Authority (SBCTA), provided an update on the action plan to address the concerns associated with the decorative rock debris on the freeway on and off ramps.

Mayor Ulloa suggested the area be improved with stamped concrete to eliminate the rocks on the roadway, and Mr. Melocoton suggested a meeting with city staff to discuss the suggested improvements.
108

CHINO CITY COUNCIL
DECEMBER 3, 2024 4
Motion by Mayor Pro Tem Comstock, seconded by Council Member Lucio, to 1) Appropriate $620,440 to the Transportation Fund (320) from the General Fund (100) reserves; 2) increase the budget for Project R7200, Central Ave State Route 60 Improvements, by the same amount, for a total budget not to exceed $18,419,384; 3) approve Amendment No. 5 to the Cooperative Agreement between the City of Chino and SBCTA to address additional costs related to landscape maintenance, right -of-way acquisition, and other soft costs. This amendment will increase the City's cost share by $405,441, bringing the City's total cost share amount to $16,921,957, with an overall contract amount of $36,891,327; and 4) 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 reported on the following meetings and event including the Water Facilities Authority Board of Directors; West End Mayor's Roundtable meeting; Legislative Policy Committee meeting; Chino Community Theatre's 40th anniversary; City Manager meeting; and reminded residents of upcoming events in December.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on the following meetings and event including a meeting with a resident; West End Mayor's Roundtable meeting; Legislative Policy Committee meeting; City Manager meeting; Cal Cities Legislative Bylaws Committee meeting; City Manager meeting; and the City Council meeting.

Council Member Burton
Council Member Burton reported on the following meetings and event including the Planning Commission meeting; meeting with a Director of Chaffey College; Cal Cities Legislative Bylaws Committee meeting; AED SaveStation Tower Ribbon Cutting at Ruben S. Ayala Park; Gobbler Gloves Youth Boxing event; meeting with residents; City Manager meeting; and provided an update on the West End Animal Services Agency.

Council Member Flores
Council Member Flores expressed he was grateful to see new employees joining the Chino team and the many organizations who offered meals during the Thanksgiving holiday.

Council Member Lucio
Council Member Lucio reported on the following meetings and event including the Fraga Realty and All American Car Wash food giveaway, and thanked everyone who participated to help members of the community who are in need.
109

CHINO CITY COUNCIL
DECEMBER 3, 2024 5
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 called up Corporal Navarro who announced the Chino Police Association is leading the Santa Sleigh traveling throughout the City, including the newly annexed areas.

Chief Mensen expressed he was proud of the Police Association's efforts to manage the Santa Sleigh and noted both the new and old sleigh are being used simultaneously for events.

Chief Mensen spoke about a new jewelry theft scheme and provided safety measures for residents. Mayor Ulloa asked about the use of reader boards to include information on the jewelry theft scheme, and Chief Mensen explained the text space is limited, but ensured there are extra police officers patrolling the shopping centers during the holiday season.

Director's Report
Hye Jin Lee, Director of Public Works, provided an update on road construction at Philadelphia Street and Pipeline Avenue, noting it is a San Bernardino County project; provided an update on the Environment Protection Agency (EPA) water service line requirements and confirmed letters were sent to residents regarding their service lines as part of the EPA requirements; and introduced Michelle Chapman, the new CIP Engineering Manager.

Michelle Chapman, CIP Engineering Manager, provided an introduction.

Fire Chief's Report
Deputy Fire Chief Jeremy Ault provided an announcement regarding the annual Senior Center luncheon; Spark of Love toy drive; and the annual Stuff the Boot Toy Drive on December 9, 2024, at the Chino Spectrum.

ADJOURN
The meeting adjourned at 7:21 p.m. The next Regular Meeting of the City Council will be held on Tuesday, December 17, 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 17TH DAY OF DECEMBER 2024.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
110

MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 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 773486 to 773601, and Electronic Fund Transfers 523446E to 523485E, totaling $2,020,292.12. ..body

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
111
CITY COUNCIL MEETING DATE: DECEMBER 17, 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. 773486 – 773601 11/21/24 24-25 $1,013,996.82

2. 523446E – 523485E 11/22/24 24-25 $1,006,295.30

TOTAL $2,020,292.12

E: Electronic Fund Transfers

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

Attachment

112
Council Meeting 12/17/24

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

Check
Number
Check Date Vendor Name Description Amount
773488 11/21/2024 ALESHIRE & WYNDER CITY ATTORNEY/LEGAL SERVICES $57,088.70 773599 WASTE MANAGEMENT COLLECTION SERVICES $458,444.98 773601 Z & K CONSULTANTS, INC. ON CALL SERVICES $59,189.00 523448 11/22/2024 AMERICAN GUARD SERVICES, INC. SAFETY SERVICES $77,030.68 523456 ELECNOR BELCO ELECTRIC INC TRAFFIC SIGNAL INSTALLATION

FERN/EUCALYPTUS
$522,229.33
523464 MYERS & SONS HIWAY SAFETY INC STREET SAFETY SUPPLIES $113,438.26 523468 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE $50,838.02 523469 MICON CONSTRUCTION, INC. OSHM BARN & SITE IMPROVEMENTS $80,130.17

8 TOTAL $1,418,389.14

113

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 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:
114
CITY COUNCIL MEETING DATE: DECEMBER 17, 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

115
Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
None.

116

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 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 and the Tracked State Legislation Report, both dated December 17, 2024.
..body

FISCAL IMPACT
There is no fiscal impact.

117
CITY COUNCIL MEETING DATE: DECEMBER 17, 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 an y updates, recommendations, or actions taken by the Committee or Staff.

ISSUES/ANALYSIS
The attached December 17 , 2024, Priority Legislative Items Report includes legislative and government relations issues of note to the City (Attachment 1).

The Tracked State Legislation Report (Attachment 2) reflects the new State laws as of January 1, 2025, based on bills tracked by the City in the second year of the 2023 -24 State legislative session.

The City submitted no position letters on legislation during the current reporting period.

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1 CITY OF CHINO – PRIORITY LEGISLATIVE ITEMS REPORT (Attachment 1) As of December 17, 2024

INFORMATIONAL ITEMS
Chino City Council Legislative Committee
The City Co uncil Legislative Committee met on Thursday, November 21 . The City’s consultants, Jamie Jones of David Turch & Associates and Jason Gonsalves of Joe A. Gonsalves & Son, were in attendance.

1. Federal and State Representatives - Deputy City Manager Vivian Castro shared information on the City of Chino’s federal and state representatives following the November elections. o Federal – First Year of 119th Congress
 Senator Alex Padilla
 Senator Adam Schiff
 Congresswoman Norma Torres (CD 35)
o State – First Year of 2025-26 Legislative Session
 Senator Susan Rubio (SD 22)
 Assembly Member Michelle Rodriguez (AD 53)
 Assembly Member Phillip Chen (AD 59)

2. Federal Update - Jamie Jones provided an update on federal issues:
o Update on the status of GOP Congressional FY 2025 spending deliberations. o Update on the s tatus of House Appropriations e armarks, which include the following funding for the City of Chino:
 $1,105,800 (Torres) – Benson Emergency Power Generator Project.  $1,250,000 (Torres) – Chino Valley Entrepreneurship & Innovation Center. o Noted that the City received $400,000 from the Department of Transportation Safe Streets for All Grant.
o Provided a debrief of Council Member Lucio’s September 2024 Washington, D.C. Advocacy Trip.

3. State Update - Jason Gonsalves provided an update on several state issues:
o The new 2025-26 Legislative Session will begin December 2 with the swearing-in of new members.
o Governor Newsom called a Special Session to Protect California’s Values. o Major Issues in 2025 are expected to continue to be public safety, housing, and homelessness.

4. Public Safety - Chief Kevin Mensen discussed important public safety issues:
o Bills from the past session:
 SB 50 – Low-Level Traffic Stops - Aimed to prevent officers from conducting traffic stops for a singular, non-moving vehicle code violation.  SB 804 – Community Service Officer (CSO) Testimony - Aimed to allow CSOs to testify to out -of-court statements of declarants offered for the truth of the matter asserted.
 SB 796 – Criminal Threats at Schools and Places of Worship - Aimed to address criminal threats at schools and places of worship . Removed the requirement for a 119
2 specific victim to be identified at these specified places. o Prop 36 – Homelessness, Drug Addiction, and Theft Reduction Act, which the City supported, was passed by voters in the November election. o The City will continue to engage in legislative efforts regarding the California Institution for Men (CIM).

5. Housing and Land Use – Vivian Castro and Development Services Director Warren Morelion reviewed new housing and land use laws.
o AB 1893 – Housing Accountability Act: disapprovals: required local findings - Cleans up ambiguities in Builder’s Remedy. Density no longer unlimited. o AB 2243 – Housing development projects: objective standards: affordability and site criteria. Amends and expands the applicability of ministerial processing for housing projects on commercially zoned property. Modifies criteria about surrounding industrial uses to limit the instances in which a site is precluded from eligibility. Removes local government's ability to impose density limits on converted existing buildings. o SB 450 – Housing development: approvals - Makes it easier to split lots and build duplexes in single-family zones
o SB 1123 – Planning and zoning: ministerial review - Allows small lot subdivisions and small condo buildings on vacant lots in single-family zones
o SB 1211 – Land use: Accessory Dwelling Units (ADUs): ministerial approval - Allows more ADUs on multifamily properties
2023-24 Legislative Session – List of new laws in effect January 1, 2025 (Attachment 2). Attachment 2 generally contains a list of City- tracked state bills , but as the 2025 -26 session just began, this report provides a list of bills tracked during the second year of the 2023- 24 legislative session that were signed into law. Tracked bills for the 2025-26 session will be provided in future reports.

Position Letter(s) - 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 an Organizational Session at 12 p.m. and a Special Session.
 Dec. 23 – Jan. 1 – Winter and New Year Holidays.
 Jan. 1, 2025 – Statutes take effect.
 Jan. 6 – Legislature reconvenes
 Jan. 10 – Budget bill must be submitted by Governor
 Jan. 24 – Last day to submit bill requests to the Office of Legislative Counsel  Feb. 21 – Last day for bills to be introduced
 Apr. 10 – Spring Recess begins upon adjournment
 Apr. 21 – Legislature reconvenes from Spring Recess
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Attachment 2

1 New Laws 2025
Second Year of 2023-24 Session: End of Session Report
December 17, 2024

Human Resources

AB 2561 (McKinnor, D) Local public employees: vacant positions.

Current Text: 09/22/2024 - Chaptered HTML PDF
Summary: The Meyers-Milias-Brown Act allows local public employees to join and participate in employee organizations for labor representation. It requires public agency governing bodies to negotiate in good faith with these organizations regarding wages, hours, and employment conditions, and to consider their proposals before making decisions. The new bill mandates that public agencies report on job vacancies and recruitment efforts at least once per fiscal year in a public hearing, where employee organizations can also present. If job vacancies in a single bargaining unit reach or exceed 20% of total full -time positions, the agency must address this at the hearing upon the organization's request. This bill imposes new duties on local agencies and includes legislative findings supporting public access to meetings and records.

Additionally, the bill specifies that no state reimbursement will be provided for costs mandated by this act, although agencies and districts may seek other reimbursement remedies. (Based on 09/22/2024 text)
Position: Oppose
Priority: (2) Priority
Subject: Human Resources

Legal and Records Management

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

2 critical infrastructure controls or information. The bill includes legislative findings to justify these restrictions on public access, in accordance with existing constitutional provisions ensuring public access to meetings and writings of public bodies. (Based on 09/14/2024 text) Priority: (5) Track/Watch
Subject: Legal and Records Management, Public Safety

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

Current Text: 07/18/2024 - Chaptered HTML PDF
Summary: The California Public Records Act mandates that state and local agencies must allow public access to their records unless specified otherwise. Existing law requires agencies to determine if requested records can be disclosed and to inform the requester within 10 days.

This period can be extended by up to 14 days under certain "unusual circumstances." The new bill updates the definition of "unusual circumstances" to include delays caused by a state of emergency, affecting the agency's ability to respond due to staffing issues or facility closures.

Additionally, the California Constitution requires local agencies to provide access to public meetings and writings, and any new laws that amend public records or open meetings must show how they further these constitutional requirements. This bill includes such legislative findings. (Based on 07/18/2024 text)
Position: Support
Priority: (3) Significant
Subject: Legal and Records Management

Municipal Funding and Procurement

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

Current Text: 09/28/2024 - Chaptered HTML PDF
Summary: The Bradley-Burns Uniform Local Sales and Use Tax Law allows counties and cities to levy local sales and use taxes in line with the general Sales and Use Tax Law. Since January 1, 2016, it has been illegal for local agencies to engage in agreements that transfer, divert, or rebate Bradley -Burns local tax revenues to any party if such agreements reduce the amount another local agency would otherwise receive, especially if the retailer still has a physical presence in the affected area. A new bill proposes that each local agency must annually report such agreements to the California Department of Tax and Fee Administration and publish the information on their website. Failure to comply will result in monetary penalties. The bill also mandates that the state reimburse local agencies for any costs incurred due to these new requirements, following established state procedures. (Based on 09/28/2024 text) Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement

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3 Planning, Land Use, Housing
AB 98 (Carrillo, Juan, D) Planning and zoning: logistics use: truck routes.

Current Text: 09/29/2024 - Chaptered HTML PDF
Summary: The proposed bill, effective January 1, 2026, seeks to introduce statewide design and build standards for new or expanded logistics developments. These standards will cover aspects such as building design, parking, truck loading bays, landscaping, entry gates, and signage, while exempting certain existing or expanding developments and those under specific local entitlement processes. A truck routing plan to and from state highways must be developed and enforced by facility operators before receiving occupancy certificates. Cities and counties are prohibited from approving logistics developments that fail to meet these standards. Additionally, any development leading to the demolition of housing units must result in a 2 -to-1 replacement unless deemed substandard, with required payments to displaced tenants. By January 1, 2028, cities and counties must update their circulation elements to manage truck traffic and establish safe travel routes for goods, avoiding residential areas and sensitive receptors. Specific standards for truck routes and signage will be enforced, and the Attorney General can impose fines for non-compliance. The bill also mandates the South Coast Air Quality Management District to establish a process for community input on penalty fund usage and deploy mobile air monitoring systems in Riverside and San Bernardino counties starting January 1, 2026. These systems will monitor air pollution impacts from logistics operations, with findings to be reported to the Legislature by January 1, 2033, and an interim report by January 1, 2028. The bill would create a state -mandated local program by altering the duties of local agencies. It asserts that its provisions address statewide concerns and applies to all cities, including charter cities. No state reimbursement is required for these mandates for specified reasons. (Based on 09/29/2024 text)
Position: Oppose
Priority: (2) Priority
Subject: Land Use

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

Current Text: 09/22/2024 - Chaptered HTML PDF
Summary: This legislative text outlines proposed changes to various laws regarding housing development projects in California: 1. Current law mandates that a city or county must accept a preliminary application for a housing development once the applicant provides required information. The project must adhere to the ordinances and standards in effect at the time of submission. The new bill allows the applicant to request an estimate of fees and exactions, which the city or county must provide within 30 bus iness days. For fees imposed by other agencies, applicants must request the fee schedule directly from those agencies. 2. Existing law requires public agencies to determine whether a development project application is complete within 30 days. The bill adds that, upon final project approval, the city or county must give an itemized list and estimate of fees and exactions within 30 business days. This estimate is informational and not legally binding. 3. Current law requires local governments to post 123
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4 certain information about fees and exactions for housing projects on their websites. The bill clarifies that only the city, county, or special district has reporting obligations. Furthermore, when requesting total fees and exactions from a development proponent after project completion, the request must state there is no obligation to respond, and no penalties will ensue for non- response. 4. The bill declares that the proposed changes address statewide concerns, applying to all cities, including charter cities. 5. The bill imposes new duties on local governments regarding development project applications, thereby creating a state -mandated local program. However, it specifies that no state reimbursement is required for these changes.

These adjustments aim to enhance transparency and efficiency in housing development fee estimates and obligations. (Based on 09/22/2024 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

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

Current Text: 09/19/2024 - Chaptered HTML PDF
Summary: Under the Planning and Zoning Law, cities and counties must adopt a general plan for land use development, including a housing element. This housing element must meet specific requirements, and the Department of Housing and Community Development (HCD) verifies its compliance. If HCD finds a draft or amendment non-compliant, the legislative body must either amend it for compliance or adopt it unchanged with specific justification. A new bill stipulates that a housing element is deemed compliant if it is adopted by a local agency and either HCD or a competent court finds it compliant, provided no subsequent adverse findings or court decisions override this. This clarification supports existing law without altering the meaning of "substantially complies." Additionally, the Housing Accountability Act prevents local agencies from obstructing housing projects for low to moderate -income households unless they meet specific conditions and demonstrate regional housing need compliance. A new provision states that compliance with the Housing Element Law must be established when the initial application is submitted. This too is a clarification of existing law. (Based on 09/19/2024 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

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

Current Text: 09/19/2024 - Chaptered HTML PDF
Summary: The Planning and Zoning Law mandates cities or counties to adopt a general plan for land use development that includes a housing element. The Housing Element Law outlines requirements for this housing element and requires the Department of Housing and Community Development to ensure compliance. The Housing Accountability Act prevents local agencies from denying or making infeasible housing projects for low and moderate -income households unless specific written findings are made. This bill modifies conditions under which a local 124
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5 agency may reject or conditionally approve housing projects or emergency shelters, specifying that they can only do so if the jurisdiction's housing element is not compliant with the Housing Element Law when the application is deemed complete, and if the project does not qualify as a builder’s remedy project. It redefines "housing development project" to include expanded mixed-use developments and farmworker housing, and clarifies "disapprove the housing development project" to encompass any final administrative action or improper conduct that effectively denies the project. Revisions also include new definitions for various types of income-based housing and procedural requirements for builder's remedy projects. The bill impacts local agencies by imposing new duties for reviewing and approving these projects and includes court -enforced compliance provisions if local agencies violate these rules. It also addresses procedural changes related to streamlined approval processes and affirms that no state reimbursement to local agencies is necessary as specified. (Based on 09/19/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

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

Current Text: 09/19/2024 - Chaptered HTML PDF
Summary: Existing law under the Planning and Zoning law mandates that any challenge to a public agency’s decision on variances, conditional use permits, or other permits must be initiated and served within 90 days of the decision. This bill seeks to extend the expiration date of such permits by excluding the time during which legal actions or proceedings concerning the permits are pending. As a result, it would extend the validity period of local development permits and project approvals, thereby creating a state -mandated local program. According to the California Constitution, the state must reimburse local agencies and school districts for certain state-mandated costs, but this bill specifies that no reimbursement is required for the costs incurred under this act. (Based on 09/19/2024 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 2243 ( Wicks, D
) Housing development projects: objective standards: affordability and site criteria.

Current Text: 09/19/2024 - Chaptered HTML PDF
Summary: The proposed bill seeks to amend existing laws related to housing development in several ways: 1. It modifies the Middle Class Housing Act of 2022 by allowing housing developments on regional mall sites to be up to 100 acres, rather than the previous limit of 20 acres. 2. It adjusts the Affordable Housing and High Road Jobs Act of 2022, changing objective standards and criteria for affordable and mixed-income housing developments, including prohibiting the demolition of historic buildings. 3. It alters the streamlined approval process for housing developments near industrial sites and freeways, and r emoves local governments' ability to impose density limits on converted existing buildings. 4. The bill clarifies that affordability thresholds apply only to base units in a housing project, excluding those added by 125
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6 a density bonus. 5. It revises definitions under the Affordable Housing and High Road Jobs Act, including what constitutes "use by right," and expands the definition of "urban uses." 6. It mandates quicker written determinations from local governments on whether developments conform to the act, and requires approvals within specified timeframes once compliance is confirmed. 7. It requires local governments to update zoning maps when exempting parcels from the act. 8. The act’s provisions as of December 31, 2024, will continue to apply to applications submitted before that date, unless the developer opts into the new provisions effective January 1, 2025. 9. The bill makes various technical and clarifying changes. 10. New requirements on local governments will constitute a state -mandated program. 11. The bill declares that its changes are statewide concerns, applying to all cities, including charter cities.

12. The bill states that no reimbursement for local agencies and school districts is required by this act. (Based on 09/19/2024 text)
Position: Oppose
Priority: (3) Significant
Subject: Planning, Land Use, Housing

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

Current Text: 09/27/2024 - Chaptered HTML PDF
Summary: The existing Planning and Zoning Law mandates that each county and city legislative body adopts a long -term general plan for physical development, including unincorporated areas, and allows amendments if in the public interest. It also authorizes these bodies to adopt ordinances to regulate land use across various purposes like industry, business, and residence.

The proposed bill would prevent local agencies from discriminating between thrift retail stores and nonthrift retail stores in zoning, development standards, and permitting. However, local agencies may require thrift stores to adhere to certain aesthetic or design standards. It prohibits local agencies from restricting thrift stores from accepting used or donated items for sale, recycling, or reuse. The bill imposes new local responsibilities, which would constitute a state - mandated local program. It emphasizes that the changes are of statewide concern, applying to all cities, including charter cities. The California Constitution mandates state reimbursement to local agencies for certain costs, but this bill specifies that no reimbursement is required for the changes it introduces. (Based on 09/27/2024 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 2729 (Patterson, Joe, R
) Development projects: permits and other entitlements.

Current Text: 09/27/2024 - Chaptered HTML PDF
Summary: The Planning and Zoning Law requires counties and cities to develop long -term general plans for physical development, including housing elements. The Permit Streamlining Act mandates timely approval or disapproval of development projects by public agencies.

Current law extends the period for the use of housing entitlements issued before March 4, 2020, to December 31, 2021, by 18 months, or longer if specified by a state or local agency. The new 126
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7 bill proposes extending this period by another 18 months for entitlements issued before January 1, 2024, that expire before December 31, 2025, with the extension tolling during legal challenges. It imposes new duties on local officials, applies statewide (including charter cities), and requires no state reimbursement to local agencies. (Based on 09/27/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 450 (Atkins, D
) Housing development: approvals.

Current Text: 09/19/2024 - Chaptered HTML PDF
Summary: This text describes a proposed bill that would amend existing Planning and Zoning laws and the Subdivision Map Act. The bill addresses several key changes: 1. **Planning and Zoning Law Amendments**: - A proposed housing development with no more than two residential units in a single -family zone will be considered without discretionary review if specific conditions are met, no longer requiring limits on demolishing exterior structural walls. - Local agencies are prohibited from imposing non-uniform objective standards unless more permissive than those in the underlying zone. - Agencies can no longer deny development due to environmental impact if a written finding is made. - Applications must be decided within 60 days, and automatic approval is granted afterward. Denials must include detailed comments on deficiencies and remedies. 2. **Subdivision Map Act Amendments**: - Objective standards imposed by local agencies must be related to design or improvements. - Similar to the above, agencies cannot deny development based on environmental impact findings. - Applications must be processed within 60 days, with the same automatic approval and detailed denial requirements. 3. **Additional Provisions**: - Non-substantive and conforming changes to existing laws. - States that the changes address statewide concerns, affecting all cities, including charter cities. - Increases duties for local agencies, potentially requiring state reimbursement. However, this bill specifies that no reimbursement is required for a stated reason. In summary, the bill streamlines the approval process for small housing developments by limiting local agency powers, enforcing uniform standards, and setting strict timelines. (Based on 09/19/2024 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

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

Current Text: 09/27/2024 - Chaptered HTML PDF
Summary: The existing law mandates state agencies to evaluate proprietary state lands to identify excess property and report to the Department of General Services. This bill allows the Director of General Services to sell or lease the Heman G. Stark Youth Correctional Facility in Chino to the City of Chino at fair market value under terms favorable to the state. The sale proceeds are designated for bond payments and related costs. The director is permitted to sell the property below market value for low- or moderate-income housing, with a reporting 127
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8 requirement to legislative fiscal committees. From January 1, 2029, the property disposal will follow standard surplus property procedures. Sales under this bill are exempt from the California Environmental Quality Act, and net proceeds will be deposited into the Special Fund for Economic Uncertainties, thus constituting an appropriation. (Based on 09/27/2024 text) Position: Support
Priority: (1) Sponsored
Subject: Planning, Land Use, Housing

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

Current Text: 09/19/2024 - Chaptered HTML PDF
Summary: The Mitigation Fee Act manages fees for development projects, like water and sewer connections and solar energy systems, and sets rules for local agencies on fee implementation.

It ensures that fees tied to residential development for public improvements are not collected until final inspection or certificate of occupancy issuance. The Act exempts certain nonprofit housing units meeting specific criteria. A new bill aims to limit utility connection fees to actual connection costs. It extends the nonprofit exemption to all housing developers meeting certain conditions. Additionally, for designated residential projects, it defers fee payments for public improvements until the first occupancy certificate is issued, with some conditions allowing earlier payment. Developers can opt to secure fees through a performance bond or letter of credit; if not, cities can follow a specific collection process. The bill also allows local agencies to authorize staff to approve fee -related contracts and mandates posting a contract model online for public access. (Based on 09/19/2024 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

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

Current Text: 09/19/2024 - Chaptered HTML PDF
Summary: Under the Planning and Zoning Law, cities and counties must adopt a general land use plan, including a housing element. The Department of Housing and Community Development (HCD) ensures this housing element complies with the law. If a local government violates state law, HCD can notify the city and the Attorney General. Housing development applications that meet specific standards must go through a streamlined approval process. If a court rules against a city's general plan, the city must update its zoning ordinance within a set timeline. A proposed bill mandates that if the Attorney General or HCD sues a city for housing element violations, the city faces a civil penalty of $10,000 to $50,000 monthly. These penalties apply if the city's actions are arbitrary, lacking evidence, or unlawful. The penalties fund affordable housing projects and must be appropriated by the Legislature. If the city does not pay, the court can direct state and local funds to the Building Homes and Jobs Trust Fund. The bill declares these measures address statewide concerns, applying to all cities, including charter cities. (Based on 09/19/2024 text)
Position: Oppose
Priority: (2) Priority
128
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9 Subject: Planning, Land Use, Housing

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

Current Text: 09/19/2024 - Chaptered HTML PDF
Summary: The Starter Home Revitalization Act of 2021 requires local agencies to approve housing development projects that meet specific criteria without discretionary review or hearings. These criteria include projects with 10 or fewer residential units, on lots zoned for multifamily use, no larger than 5 acres, and with parcels no smaller than 600 square feet. The law also prevents local agencies from imposing standards that would physically preclude the development. A proposed bill modifies these requirements as follows: 1. It excludes accessory dwelling units and junior accessory dwelling units from counting towards the 10 -unit limit. 2. It allows for projects on vacant lots zoned for single -family use up to 1.5 acres and requires newly created parcels to be no smaller than 1,200 square feet. 3. It permits local agencies to impose height limits on vacant lots zoned for single -family use. 4. It mandates projects will not result in existing dwelling units being sold separately. 5. It expands the conditions for housing units to include tenancy in common and clarifies land ownership requirements. The bill also changes the requirement for proposed developments not listed in the housing element to achieve at least 66% of the maximum allowable residential density. Additionally, it states that certain developments do not need to meet minimum frontage requirements and sets its provisions to become operative on July 1, 2025. It declares that these changes address statewide concerns and apply to all cities, including charter cities. If the bill incurs state -mandated costs, local agencies and school districts will be reimbursed according to established statutory procedures. (Based on 09/19/2024 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

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

Current Text: 09/19/2024 - Chaptered HTML PDF
Summary: The existing Planning and Zoning Law allows local agencies to create ordinances for accessory dwelling units (ADUs) in residential zones and prohibits requiring the replacement of offstreet parking if a garage, carport, or covered parking structure is demolished or converted to an ADU. This bill extends that prohibition to uncovered parking spaces in similar circumstances. Current law requires ministerial approval of ADUs, meaning local agencies must approve building permits for ADUs in residential or mixed -use zones if they meet specific criteria. This bill further prohibits local agencies from imposing unauthorized development or design standards on compliant ADUs. Additionally, one variation under existing law requires local agencies to approve multiple ADUs within non-livable spaces of multifamily structures if they meet state building standards. The bill clarifies that "livable space" includes areas intended for human activities like living, sleeping, eating, cooking, or sanitation. Another variation under current law permits up to 2 detached ADUs on lots with existing or proposed multifamily dwellings, subject to certain restrictions. This bill increases the allowance to up to 8 129
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10 detached ADUs on lots with existing multifamily dwellings, provided the number of ADUs does not exceed the total existing units on the lot. For proposed multifamily dwellings, the bill still allows up to 2 detached ADUs. By imposing new responsibilities on local governments regarding ADUs, this bill establishes a state-mandated local program. However, it specifies that no state reimbursement is required for these mandates. (Based on 09/19/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

Public Safety

AB 1034 (Grayson, D ) Labor Code Private Attorneys General Act of 2004: exemption: construction industry employees.

Current Text: 09/28/2024 - Chaptered HTML PDF
Summary: The Labor Code Private Attorneys General Act of 2004 (PAGA) allows an aggrieved employee to file a civil lawsuit on behalf of themselves and other employees for violations of the Labor Code that impose civil penalties, provided certain notice and remediation steps are followed. PAGA exempts construction industry employees from its provisions until January 1, 2028, if they work under a valid collective bargaining agreement established before January 1, 2025. This agreement must specify wages, hours, and working conditions, include overtime pay, and ensure an hourly wage at least 30% above the state minimum wage. Additionally, it must address grievances and include binding arbitration to resolve Labor Code violations. The proposed bill seeks to extend this exemption period from January 1, 2025, to January 1, 2038. (Based on 09/28/2024 text)
Position: Oppose
Priority: (3) Significant
Subject: Public Safety

AB 1779 (Irwin, D
) Theft: jurisdiction.

Current Text: 08/16/2024 - Chaptered HTML PDF
Summary: Existing law defines theft types such as petty theft, grand theft, and shoplifting, along with robbery and burglary. It specifies jurisdiction rules for prosecuting theft by fraud, organized retail theft, and receiving stolen property. The jurisdiction includes where the theft or receipt occurred, where the merchandise was recovered, or where the defendant acted to promote or aid the theft offense. Currently, these jurisdiction rules only apply to criminal actions brought by the Attorney General. The proposed bill removes this limitation, allowing any party to bring a criminal action under these jurisdiction rules if multiple offenses by the same defendant occur in different jurisdictions. It allows for such actions in any of the relevant jurisdictions, given a consolidation hearing occurs. Prosecution must present written evidence of agreement from all district attorneys in the counties with jurisdiction over the offenses. 130
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11 Offenses from jurisdictions without this agreement must be returned to their original jurisdiction. (Based on 08/16/2024 text)
Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

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

Current Text: 08/16/2024 - Chaptered HTML PDF
Summary: Current law, effective until January 1, 2026, defines organized retail theft as a crime committed by individuals working together to steal merchandise from physical stores or online marketplaces with the intent to sell or return it for value. It can be prosecuted as a misdemeanor or felony. This includes stealing, receiving, or possessing stolen goods, or coordinating and managing theft activities. The proposed bill seeks to make these provisions permanent. Additionally, it would indefinitely extend the operation of the regional property crimes task force coordinated by the California Highway Patrol and the Department of Justice, which assists local law enforcement in areas with high property crime rates. The California Constitution mandates state reimbursement to local agencies for certain state -imposed costs, but this bill specifies that no reimbursement is needed under these circumstances. (Based on 08/16/2024 text)
Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

AB 1831 (Berman, D
) Crimes: child pornography.

Current Text: 09/29/2024 - Chaptered HTML PDF
Summary: Existing law prohibits producing, developing, duplicating, distributing, or possessing material that depicts individuals under 18 engaged in or simulating sexual conduct. It also prohibits such activities when done for payment or shared with a minor and includes harsher penalties if done using government property. This bill aims to expand these laws to cover digitally altered or AI- generated content. By extending the definition of existing crimes, it mandates local programs. The California Constitution requires the state to reimburse local agencies for certain state -mandated costs, but this bill stipulates no reimbursement is needed for a specific reason. The bill will only be operative if SB 1381 is enacted and effective by January 1, 2025. (Based on 09/29/2024 text)
Position: Support
Priority: (4) Standard
Subject: Public Safety

AB 1954 (Alanis, R
) Sexually violent predators.

Current Text: 09/28/2024 - Chaptered HTML PDF
131
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12 Summary: Existing law allows for the civil commitment of individuals identified as sexually violent predators and outlines a process for these individuals to petition for conditional release.

This process involves the State Department of State Hospitals and requires input from various local officials including the sheriff, chief of police, county counsel, and district attorney. These officials must assist in finding and securing housing for the committed individuals and provide contact information to the department. Typically, the committed individuals are placed in their county of residence before incarceration, but placements in other counties are permitted under special circumstances. The bill proposes adding similar responsibilities to the sheriff, chief of police, county counsel, and district attorney from potential alternative placement counties, requiring their participation in the housing process and in committee meetings, which can now be conducted via teleconference. It also mandates electronic and certified mail notifications for recommended conditional releases or community outpatient treatments. This bill increases the responsibilities of local governments, which may require state reimbursement as per the California Constitution and statutory provisions related to state -mandated local programs. (Based on 09/28/2024 text)
Priority: (5) Track/Watch
Subject: Public Safety

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

Current Text: 09/12/2024 - Chaptered HTML PDF
Summary: As of January 1, 2018, a state law that required additional imprisonment terms for individuals who damage or destroy property during the commission or attempted commission of a felony was repealed. This new bill reintroduces sentencing enhancements for such actions until January 1, 2030. By adding these new enhancements, the bill imposes new responsibilities on local programs. The California Constitution mandates that the state reimburse local agencies and school districts for certain state-mandated costs, with established procedures for reimbursement. However, this bill specifies that no reimbursement is required. (Based on 09/12/2024 text)
Priority: (4) Standard
Subject: Public Safety

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

Current Text: 08/16/2024 - Chaptered HTML PDF
Summary: The current law allows the Governor to appoint individuals designated by railroad companies to serve as police officers. Until January 1, 2026, the California Highway Patrol (CHP), in coordination with the Department of Justice, is required to establish a regional property crimes task force to identify areas with rising property crime levels and assist local law enforcement with resources. This new bill mandates that the task force also support railroad police and explicitly includes cargo theft as a property crime to be considered. The bill is intended to take effect immediately as an urgency statute. (Based on 08/16/2024 text) Priority: (4) Standard
Subject: Public Safety
132
Attachment 2

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

Current Text: 09/14/2024 - Chaptered HTML PDF
Summary: The Ralph M. Brown Act requires all meetings of a local legislative body to be open to the public, allowing anyone to attend and participate. It allows closed sessions for specific issues, such as threats to essential public services. This new bill would also permit closed sessions with additional law enforcement or security personnel and on cybersecurity threats to critical infrastructure controls or information. The bill includes legislative findings to justify these restrictions on public access, in accordance with existing constitutional provisions ensuring public access to meetings and writings of public bodies. (Based on 09/14/2024 text) Priority: (5) Track/Watch
Subject: Legal and Records Management, Public Safety

AB 2943 (Zbur, D
) Crimes: shoplifting.

Current Text: 08/16/2024 - Chaptered HTML PDF
Summary: 1. Existing law differentiates theft into grand theft and petty theft, penalizing petty theft as a misdemeanor and grand theft as either a misdemeanor or a felony. Grand theft includes thefts over $950 from related acts. The bill extends this to acts against multiple victims or in different counties and clarifies that evidence of related acts can include those involving similar motives, nature, or occurring within 90 days. 2. Possessing unlawfully acquired property worth over $950 from shoplifting, theft, or burglary with intent to sell or act with others for resale is proposed as a crime, punishable as a misdemeanor or felony. Property value is aggregated with related possessions over two years. 3. Shoplifting, defined as theft from an open business of property not exceeding $950, is currently a misdemeanor. The bill lets officers arrest for shoplifting without a warrant based on probable cause and prevents nuisance actions against businesses for reporting retail crime unless the report is false. 4. Law mandates releasing misdemeanor arrestees unless exceptions apply, including intoxication, medical needs, or lacking identification. Currently, organized retail theft exemption lasts until January 1, 2026; this bill extends it to January 1, 2031. 5. The bill extends the authorization for diversion programs for repeat theft offenders from January 1, 2026, to January 1, 2031. 6. Courts can suspend sentences and set probation terms, usually up to one year for misdemeanors and up to three years for specific theft cases. This bill proposes a two -year probation for petty theft or shoplifting, with potential referral to rehabilitation programs, particularly for offenders under 25, focusing on restorative and positive youth development. 7. The California Constitution mandates state reimbursement for certain local costs. This bill states that if the Commission on State Mandates identifies state -mandated costs, reimbursement procedures will follow established statutory provisions. (Based on 08/16/2024 text) Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

AB 3161 (Bonta, D
) Health facilities: patient safety and antidiscrimination. 133
Attachment 2

14 Current Text: 09/27/2024 - Chaptered HTML PDF
Summary: Existing law mandates that health facilities be licensed and regulated by the State Department of Public Health. It also requires these facilities to create and maintain a patient safety plan, which includes a system for reporting patient safety events and analyzing their root causes. Violating these provisions is considered a crime. This bill introduces several new requirements: 1. The reporting system must include options for anonymous reporting. 2. Patient safety event analyses must consider sociodemographic factors to identify disparities. 3. Health facilities must address racism and discrimination, monitor related disparities, and develop interventions to address them. 4. Facilities must encourage staff to report racism and discrimination instances. Starting January 1, 2026, health facilities must submit their patient safety plans biannually to the department's licensing and certification division. Non- compliance may result in fines up to $5000, with an automatic 60 -day extension available for submissions. All submitted plans will be publicly accessible online. The bill expands the crime definition by increasing health facility requirements and establishes that no state reimbursement is necessary for local agencies for specific reasons. (Based on 09/27/2024 text) Position: Support
Priority: (4) Standard
Subject: Public Safety

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

Current Text: 08/16/2024 - Chaptered HTML PDF
Summary: Existing law prohibits the theft of merchandise from retail establishments and allows courts to issue protective orders against individuals convicted of certain offenses, such as stalking and elder abuse, prohibiting them from contacting their victims. This bill expands the court's authority to issue protective orders to include individuals convicted of theft, vandalism, or battery at retail establishments. The orders would bar these individuals from entering the affected retail establishment, its parking lots, and other franchise or chain locations.

Additionally, prosecuting attorneys and other legal representatives can request these protective orders against individuals who have been arrested multiple times for related offenses at the same retail location. Violating such protective orders would be punishable as a misdemeanor.

The bill exempts violations of these retail establishment restraining orders from the general requirement that arrested individuals for misdemeanors be released upon a signed promise to appear. Lastly, the bill specifies that no state reimbursement is required for the associated local costs, per the California Constitution. (Based on 08/16/2024 text) Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

SB 690 (Rubio, D
) Domestic violence.

Current Text: 09/27/2024 - Chaptered HTML PDF
Summary: Current law punishes the infliction of corporal injury resulting in a traumatic condition on specified victims, including spouses or former spouses, with imprisonment of 2, 3, 134
Attachment 2

15 or 4 years in state prison, or up to one year in county jail, and/or a fine up to $6000. Prosecution for this crime must start within 5 years for acts committed on or after January 1, 2020, and for acts for which the statute of limitations had not expired by that date. The proposed bill extends the statute of limitations to 7 years for crimes committed on or after January 1, 2025, and for crimes that are still within their statute of limitations as of that date. (Based on 09/27/2024 text) Position: Support
Priority: (4) Standard
Subject: Public Safety

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

Current Text: 08/16/2024 - Chaptered HTML PDF
Summary: Existing law defines burglary to include entering a locked vehicle with the intent to commit theft or a felony and penalizes it as either a misdemeanor or a felony. The proposed bill would make forcibly entering a vehicle with such intent punishable by up to one year in county jail or 16 months, 2 years, or 3 years in state prison, thereby creating a new crime and imposing a state -mandated local program. Furthermore, existing law bans taking another's property, removing vehicle parts without consent, and possessing stolen property, with such violations punishable as misdemeanors or felonies. The bill adds that unlawfully possessing stolen property worth over $950 from vehicle -related thefts or tampering, with the intent to sell or exchange, is a crime punishable as a misdemeanor or felony. It allows aggregation of the value of stolen property over the past two years for this determination. The California Constitution requires the state to reimburse local agencies and school districts for certain state -mandated costs. The bill states no reimbursement is needed for this act for a specified reason. (Based on 08/16/2024 text)
Position: Oppose unless amended
Priority: (2) Priority
Subject: Public Safety

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

Current Text: 08/16/2024 - Chaptered HTML PDF
Summary: Existing law, effective until January 1, 2026, classifies organized retail theft as punishable by misdemeanor or felony. This includes acting with others to steal merchandise from physical or online stores to sell or return it for profit, knowingly receiving or possessing stolen goods, and organizing or managing theft plans. The bill proposes to extend this law indefinitely. Since this extension involves an existing crime, it would require a state -mandated local program. Although the California Constitution requires state reimbursement for certain local costs, this bill specifies that no reimbursement is necessary for the extension. (Based on 08/16/2024 text)
Position: Support
Priority: (4) Standard
Subject: Public Safety
135
Attachment 2

16 SB 989 (Ashby, D) Domestic violence: deaths.

Current Text: 09/27/2024 - Chaptered HTML PDF
Summary: The text outlines a bill proposing changes to existing laws regarding the handling and investigation of certain deaths, particularly those related to domestic violence. Key points include: 1. Existing laws generally prohibit reproducing or disseminating photographs or videos of a deceased person taken by the coroner, except under specific circumstances with written authorization from a legal heir or representative. The bill extends this authorization to family members and mandates verification of their identity. 2. The bill expands the definition of suicides the coroner must investigate to include those where the deceased has a history of domestic violence victimization. It allows the coroner to consult with a forensic pathologist in such cases. 3. Law enforcement officers must interview family members before determining the cause of death in cases involving a history of domestic violence. They can request a full autopsy if the decedent died prematurely and had such a history. Officers involved in these investigations must be trained in handling domestic violence cases. 4. The Commission on Peace Officer Standards and Training (POST) must update guidelines to include indicators of domestic homicide and detection of staged crime scenes for law enforcement handling suspicious deaths. 5. The bill notes it may create new state -mandated local programs but specifies that some mandates will not require state reimbursement unless determined necessary by the Commission on State Mandates, which will then follow existing statutory procedures for reimbursement. (Based on 09/27/2024 text) Position: Support
Priority: (4) Standard
Subject: Public Safety

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

Current Text: 08/16/2024 - Chaptered HTML PDF
Summary: Existing law necessitates that online marketplaces require high-volume third -party sellers to disclose specific information and suspend sales if they don't comply. It also mandates certain data retention and security practices. A high-volume third -party seller is defined by a set number of sales transactions processed by the online marketplace. An online marketplace is defined as a platform enabling sales, payments, and deliveries of consumer products with a contractual relationship with consumers. The new bill revises these definitions.

It removes the requirement that transactions be processed by the marketplace and instead requires that transactions simply utilize the marketplace. It also removes the need for the platform’s features to be used by third-party sellers and the necessity of a contractual relationship with consumers. The bill also requires online marketplaces to establish policies against selling stolen goods and to provide mechanisms for reporting such activities.

Marketplaces must alert law enforcement if they know or should know about the sale of stolen goods to California residents. Violations of these provisions can result in civil penalties up to $10,000 and legal fees. The bill extends the right to bring civil actions to district attorneys, city 136
Attachment 2

17 attorneys, or county counsels, beyond the Attorney General. These changes will take effect on July 1, 2025. (Based on 08/16/2024 text)
Position: Support
Priority: (4) Standard
Subject: Public Safety

SB 1242 (Min, D) Crimes: fires.

Current Text: 08/16/2024 - Chaptered HTML PDF
Summary: Existing law criminalizes recklessly setting fires to structures, forest land, or property, punishable as a misdemeanor or felony. This bill introduces an aggravating factor for sentencing if the fire was set within a merchant's premises to facilitate organized retail theft, thereby increasing the punishment. The bill would create a state -mandated local program by increasing penalties. While the California Constitution mandates state reimbursement to local agencies for certain state -imposed costs, this bill specifies that no reimbursement is required for this act. (Based on 08/16/2024 text)
Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

SB 1381 (Wahab, D
) Crimes: child pornography.

Current Text: 09/29/2024 - Chaptered HTML PDF
Summary: Existing law prohibits the production, development, duplication, distribution, or possession of materials depicting minors (under 18) engaging in sexual conduct. This includes activities done for consideration or shared with a minor. It also bars the employment or use of minors for creating such material and allows for the confiscation and destruction of these materials, with or without a conviction. The new bill proposes expanding these prohibitions to include materials digitally altered or generated by artificial intelligence. This expansion modifies existing crimes, creating a state -mandated local program. Under the California Constitution, the state is required to reimburse local agencies and school districts for certain state - mandated costs, with statutory procedures in place for reimbursement. However, this bill specifies that no reimbursement is necessary for the reasons outlined. This bill will only take effect if AB 1831 from the 2023–24 Regular Session is enacted by January 1, 2025. (Based on 09/29/2024 text)
Priority: (4) Standard
Subject: Public Safety

SB 1414 (Grove, R
) Crimes: solicitation of a minor.

Current Text: 09/26/2024 - Chaptered HTML PDF
Summary: Under current law, individuals who solicit or engage in prostitution for compensation are guilty of a misdemeanor. If the solicited person is a minor and the solicitor knew or should have known this, the offense carries a minimum of 2 days to 1 year in jail and/or 137
Attachment 2

18 a fine up to $10,000. The proposed bill specifies that only defendants 18 or older can be charged. If the solicited minor is under 16, or under 18 and a victim of human trafficking, the offense is treated as a "wobbler," meaning it can be punished by up to 1 year in jail and a fine up to $10,000, or by imprisonment for 16 months, 2 years, or 3 years. For subsequent offenses under these conditions, it would be a felony with the same imprisonment terms. The bill also expands mandatory sex offender registration to include those 18 or older convicted of soliciting a minor if they are at least 10 years older than the minor, requiring registration for 10 years.

Additionally, this bill will align with changes proposed by other bills (SB 926, AB 1874, AB 1962) if they are enacted. Lastly, the bill states no reimbursement to local agencies or school districts is necessary under this act, citing specific reasons. (Based on 09/26/2024 text) Position: Support
Priority: (4) Standard
Subject: Public Safety

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

Current Text: 08/16/2024 - Chaptered HTML PDF
Summary: Existing law categorizes theft into petty theft, grand theft, and shoplifting, and defines burglary as entering certain structures or vehicles with the intent to commit theft or a felony. This bill, effective until January 1, 2030, introduces additional sentencing enhancements for individuals who sell, exchange, or return property obtained through shoplifting, theft, or burglary from retail businesses if the property's value exceeds certain amounts. These enhancements would also apply to individuals collaborating with others to commit these crimes. The bill imposes a state -mandated local program due to the new sentencing enhancements but specifies that no reimbursement is required for local agencies or school districts under this act. (Based on 08/16/2024 text)
Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

Trash, Recycling, Water, Resources

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

Current Text: 09/22/2024 - Chaptered HTML PDF
Summary: Current law mandates the Department of Resources Recycling and Recovery, in collaboration with the State Air Resources Board, to create regulations to meet specific landfill organic waste reduction targets and to assess the progress by the waste sector and governments toward these targets. If progress is insufficient, the department can offer incentives. The California Environmental Quality Act (CEQA) requires agencies to prepare an environmental impact report for projects that may significantly affect the environment or adopt 138
Attachment 2

19 a negative declaration if they do not. Existing regulations outline the benefits and applications of a program environmental impact report. This proposed bill would obligate the Department of Resources Recycling and Recovery to prepare and certify a comprehensive environmental impact report by January 1, 2027, to simplify the development and approval of small to medium compostable material handling facilities for processing organic waste. (Based on 09/22/2024 text)
Priority: (5) Track/Watch
Subject: Trash, Recycling, Water, Resources

Total Measures: 38
Total Tracking Forms: 38
139

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

RECREATION

SUBJECT
..titl e
Vendor Cap Increase with Moore United Construction, Inc. for citywide repairs and replacement projects.

..end

RECOMMENDATION
1) Approve a vendor cap increase with Moore United Construction, Inc., Ontario, CA in the amount of $100,000 for a total not -to-exceed amount of $150,000; and 2) authorize the City Manager to execute the necessary documents on behalf of the City.

..body

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2024-25 Building Management Fund budget.

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





Revenue: Click or tap here to enter text.

Expenditure: Various Accounts
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 140
CITY COUNCIL MEETING DATE: DECEMBER 17, 2024
TITLE: VENDOR CAP INCREASE WITH MOORE UNITED CONSTRUCTION, INC. FOR CITYWIDE REPAIRS AND REPLACEMENT PROJECTS.

PAGE: 2

BACKGROUND
The Fiscal Year 2024 -25 Building Management Fund budget provides funding for repair and replacement projects. Moore United Construction, Inc. is an approved contractor that possesses the knowledge, certifications, and expertise to complete all related services for a wide range of repair and replacement projects. Moore United Construction, Inc. has completed several projects in Fiscal Year 2024 -25, including an office improvement project at City Hall South and the removal and disposal of the trellises located west of the Senior Center. Staff is currently requesting proposals for additional projects , including, but not limited to, flooring, restroom, and office upgrades.

ISSUES/ANALYSIS
Moore United Construction, Inc. is anticipated to exceed the existing vendor cap of $50,000 because they continue to be the lowest, most responsive bidder. The requested increase of $100,000 for repair and replacement projects brings the total vendor cap for Moore United Construction, Inc. to $150,000. City Council authorization is required as the combined total of purchase orders will exceed $50,000 authorized to one vendor.

141

MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

SUBJECT
..titl e
Community Facilities Districts Annual Reporting for Fiscal Year Ending June 30, 2024. ..end

RECOMMENDATION
Receive and file the Community Facilities Districts Report pursuant to Senate Bill 165. ..body

FISCAL IMPACT
There is no fiscal impact to the City.

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. 142
CITY COUNCIL MEETING DATE: DECEMBER 17, 2024
TITLE: COMMUNITY FACILITIES DISTRICTS ANNUAL REPORTING FOR FISCAL YEAR ENDING JUNE 30, 2024.

PAGE: 2

BACKGROUND
Senate Bill 165 enacted the Local Agency Special Tax and Bond Accountability Act. This Act requires that any local special tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, requires that the proceeds of the special tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires that an annual report containing specified information concerning the use of the proceeds be prepared. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Section 53410 of the California Government Code. Most of the requirements of the Act are handled at the formation (bond issuance) of the Community Facilities District and some are handled through annual reports.

The City has issued the following Community Facilities Districts bonds since January 1, 2001:

CFD 2001-1; CFD 2003-1; CFD 2003-2; CFD 2003-3 Improvement Area 1; CFD 2003-3 Improvement Area 2; CFD 2003-3 Improvement Area 6, CFD 2003-3 Improvement Area 7, CFD 2003-3 Improvement Area 8, CFD 2003 -3 Improvement Area 9, CFD 2003 -4; CFD 2005-1 Improvement Area 1; CFD 2005-1 Improvement Area 2; CFD 2005-1 Improvement Area 3; CFD 2005-1 Improvement Area 4; CFD 2005 -2; CFD 2006-1; CFD 2006- 2; CFD 2006-3, CFD 2009-1, CFD 2016 -1, CFD 2016 -2, CFD 2019 -1 and CFD 2021 -1. These special tax bond issues are subject to Senate Bill 165 requirements.

ISSUES/ANALYSIS
Section 53411 of the California Government Code deals with annual reports and states, “The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1st, and at least once a year thereafter. The annual report shall contain the following:
a) The amount of funds collected and expended
b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 53410.”
The report, complying with Section 53411 of the California Government Code, has been compiled for Fiscal Year ending June 30, 202 4 by the City’s special district consultant, Webb & Associates. Detailed information concerning CFD boundaries, outstanding balances, or project status, can be obtained by contacting the City of Chino Finance Department.

NL:CW:hm

Attachment: Exhibit 1 - Senate Bill 165 Report

143

Senate Bill 165
Report for Calendar Year 2024
City of Chino

Prepared For
December 2024
144
Table of Contents

Sections
Section 1. Community Facilities District No. 2001-1 _________________________________ 1 Section 2. Community Facilities District No. 2003-1 _________________________________ 3 Section 3. Community Facilities District No. 2003-2 _________________________________ 5 Section 4. Community Facilities District No. 2003-3 Improvement Area 1 _______________ 7 Section 5. Community Facilities District No. 2003-3 Improvement Area 2 _______________ 9 Section 6. Community Facilities District No. 2003-3 Improvement Area 5 ______________ 11 Section 7. Community Facilities District No. 2003-3 Improvement Area 6 ______________ 12 Section 8. Community Facilities District No. 2003-3 Improvement Area 7 ______________ 14 Section 9. Community Facilities District No. 2003-3 Improvement Area 8 ______________ 16 Section 10. Community Facilities District No. 2003-3 Improvement Area 9 ______________ 18 Section 11. Community Facilities District No. 2003-4 ________________________________ 20 Section 12. Community Facilities District No. 2005-1 Improvement Area 1 ______________ 22 Section 13. Community Facilities District No. 2005-1 Improvement Area 2 ______________ 24 Section 14. Community Facilities District No. 2005-1 Improvement Area 3 ______________ 26 Section 15. Community Facilities District No. 2005-1 Improvement Area 4 ______________ 28 Section 16. Community Facilities District No. 2005-2 ________________________________ 30 Section 17. Community Facilities District No. 2006-1 ________________________________ 32 Section 18. Community Facilities District No. 2006-2 ________________________________ 34 Section 19. Community Facilities District No. 2006-3 ________________________________ 36 Section 20. Community Facilities District No. 2009-1 ________________________________ 38 Section 21. Community Facilities District No. 2016-1 ________________________________ 40 Section 22. Community Facilities District No. 2016-2 ________________________________ 42 Section 23. Community Facilities District No. 2019-1 ________________________________ 44 Section 24. Community Facilities District No. 2020-1 ________________________________ 46 Section 25. Community Facilities District No. 2021-1 ________________________________ 47

145

1. Community Facilities District No. 2001-1 ____________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 1

Community Facilities District No. 2001-1
2021 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2023-24 Revenues (1)

Special Taxes Levied $182,589
Less: Delinquency as of 6/30/2024 $0
Total Special Taxes Received $182,589

2024 Expenditures (2)

Bond Interest – 3/1/2024 $15,653
Bond Interest – 9/1/2024 $15,653
Bond Principal – 9/1/2024 $150,000
Administrative Expenses (3) $5,185
Surplus Fund Credit ($3,903)
Total Expenditures $182,588
City Held Fund Balance 6/30/2024 $207,473
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 68.9 acres of land, including approximately 65.2 taxable acres, located in the southwestern portion of the City of Chino. The area is located north of Bickmore Avenue, west of Fern Avenue, and south of Kimball Avenue.

The District was formed to construct certain storm drainage, sewer and water lines, streetlights, traffic lights, signage, curbs and gutters, sidewalks, and landscaping along certain avenues.

This District is one of the six Local Obligations of the City of Chino Public Financing Authority (PFA) Refunding Bonds, Series of 2021A. The City of Chino PFA Marks-Roos Revenue Pool is also comprised of Community Facilities District Nos. 2003-1, 2003-2, 2003-3 IA 1, 2003-4 and 2009-1; please see separate reports for information regarding these Districts.
146

1. Community Facilities District No. 2001-1 ____________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 2

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2001-1 $2,657,753.59 $2,657,753.59 $0.00 Completed (1) Included Series 2002 initial deposit.

Improvements have been completed in the District. The Improvement fund has been closed.

147

2. Community Facilities District No. 2003-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 3

Community Facilities District No. 2003-1
2021 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 53.70 acres of land, including approximately 40.20 taxable acres, and is located north of Schaefer Ave, east of Cypress Ave, south of Chino Ave, and west of San Antonio Ave.

The District was formed to finance certain backbone infrastructure required in connection with the previous development of property within the District, including street, landscaping, bridge, storm drain, sewer, water, dry utilities infrastructure improvements, design and construction of monumentation, and traffic signal installation.

This District is one of the six Local Obligations of the City of Chino Public Financing Authority (PFA) Refunding Bonds, Series of 2021A. The City of Chino PFA Marks−Roos Revenue Pool is also comprised of Community Facilities District Nos. 2001−1, 2003−2, 2003−3 IA 1, 2003−4 and 2009−1; please see separate reports for information regarding these Districts.

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $452,358
Less: Delinquency as of 6/30/2024 $0
Total Special Taxes Received $452,358

2024 Expenditures (2)
Bond Interest – 3/1/2024 $44,390
Bond Interest – 9/1/2024 $44,390
Bond Principal – 9/1/2024 $365,000
Administrative Expenses (3) $10,671
Surplus Fund Credit ($12,093)
Total Expenditures $452,358

City Held Fund Balance 6/30/2024 $551,642
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest, and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety. 148

2. Community Facilities District No. 2003-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 4

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2003-1 $6,412,889.00 $6,412,889.00 $0.00 Completed (1) Includes Series 2004 initial deposit.

Improvements have been completed in the District. The Improvement Fund has been closed.

149

3. Community Facilities District No. 2003-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 5

Community Facilities District No. 2003-2
2021 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $420,232
Less: Delinquency as of 6/30/2024 ($1,786)
Total Special Taxes Received $418,446

2024 Expenditures (2)
Bond Interest – 3/1/2024 $40,523
Bond Interest – 9/1/2024 $40,523
Bond Principal – 9/1/2024 $340,000
Administrative Expenses (3) $11,405
Surplus Fund Credit ($12,218)
Total Expenditures $420,233

City Held Fund Balance 6/30/2024 $514,081
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest, and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 38 acres of land located in the City of Chino, immediately south of Chino Avenue, between Fern Avenue on the west and Euclid Avenue on the east.

The District was formed to finance curbs, gutters, sidewalks, streetlights, traffic signal, street signs, grading, adjustment of structural sections, adjustment of manholes, access ramps, fire hydrants, and parkway landscaping, including irrigation.

This District is one of the six Local Obligations of the City of Chino Public Financing Authority (PFA) Refunding Bonds, Series of 2021A. The City of Chino PFA Marks−Roos Revenue Pool is also comprised of Community Facilities District Nos. 2001−1, 2003−1, 2003−3 IA 1, 2003−4 and 2009−1; please see separate reports for information regarding these Districts.
150

3. Community Facilities District No. 2003-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 6

The following table shows the Initial Amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2003-2 $6,082,783.00 $6,082,783.00 $0.00 Completed (1) Includes Series 2004 initial deposit.

Improvements have been completed in the District. The Improvement Fund has been closed.

151

4. Community Facilities District No. 2003-3 Improvement Area 1 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 7

Community Facilities District No. 2003-3 Improvement Area 1 2021 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $2,191,226
Less: Delinquency as of 6/30/2024 ($20,150)
Total Special Taxes Received $2,171,076

2024 Expenditures
Bond Interest – 3/1/2024 $157,040
Bond Interest – 9/1/2024 $157,040
Bond Principal – 9/1/2024 $1,120,000
Administrative Expenses (2) $23,985
Total Expenditures $1,458,065

City Held Fund Balance 6/30/2024 $2,106,306
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $265,785
Less: Delinquency as of 6/30/2024 ($2,446)
Total Special Taxes Received $263,339

2024 Expenditures
Services $265,785
Administration $0
Total Expenditures $265,785
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 152

4. Community Facilities District No. 2003-3 Improvement Area 1 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 8

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 143.11 acres of land located in the City, along the south side of Kimball Avenue between Euclid Avenue and Hellman Avenue.

The District was formed to construct certain grading, streets and traffic signals, landscaping, reclaimed water facilities, sewer improvements, water facilities, storm drainage, park improvements, dry utilities, community amenities, and fire facilities. The funds allocated from the services portion of the CFD will cover maintenance of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services.

This District is one of the six Local Obligations of the City of Chino Public Financing Authority (PFA) Refunding Bonds, Series of 2021A. The City of Chino PFA Marks−Roos Revenue Pool is also comprised of Community Facilities District Nos. 2001−1, 2003−1, 2003−2, 2003−4 and 2009−1; please see separate reports for information regarding these Districts.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2003-3 IA
1 $20,231,459.00 $20,231,459.00 $0.00 Completed
(1) Includes Series 2004 initial deposit.

Improvements have been completed in the District. The Improvement Fund has been closed.

153

5. Community Facilities District No. 2003-3 Improvement Area 2 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 9

Community Facilities District No. 2003-3 Improvement Area 2 2015 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $1,852,608
Less: Delinquency as of 6/30/2024 ($22,733)
Total Special Taxes Received $1,829,875

2024 Expenditures
Bond Interest – 3/1/2024 $325,000
Bond Interest – 9/1/2024 $325,000
Bond Principal – 9/1/2024 $815,000
Administrative Expenses (2) $16,988
Total Expenditures $1,481,988

City Held Fund Balance 6/30/24 $1,527,611
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $223,702
Less: Delinquency as of 6/30/2024 ($2,745)
Total Special Taxes Received $220,957

2024 Expenditures
Services $223,702
Administration $0
Total Expenditures $223,702
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 154

5. Community Facilities District No. 2003-3 Improvement Area 2 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 10

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The Improvement Area is comprised of approximately 133 acres and is divided into two subareas. Subarea A is comprised of approximately 74 acres of land and is bounded by Rincon Meadows Avenue, Kimball Avenue, Mill Creek Avenue and Bickmore Avenue. Subarea B is comprised of approximately 59 acres of land bounded by Kimball Avenue on the North, an easement owned by Southern California Edison on the South and Subarea D on the east.

The District was formed to construct certain roadway, bridges, sewers, water and reclaimed water facilities, dry utilities, storm drains, street and parkway landscaping, curbs and gutters, medians, median landscaping, traffic signals, entry signage, parks, trails, fire facilities, library facilities, and public community facilities. The funds allocated from the services portion of the CFD will cover maintenance of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services.

The District is one of the four Local Obligations of the Chino Public Financing Authority (PFA) Local Agency Refunding Bonds, Series 2015A. The City of Chino PFA Marks-Roos Revenue Pool is also comprised of Community Facilities District Nos. 2005-1 IA 1, 2005-2 and 2006-2; please see separate reports for information regarding these Districts.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2003-3 IA 2 $22,537,953.51 $22,537,953.51 $0.00 Completed (1) Includes Series 2006 initial deposit.

Improvements have been completed in the District. The Improvement Fund has been closed. 155

6. Community Facilities District No. 2003-3 Improvement Area 5 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 11

Community Facilities District No. 2003-3 Improvement Area 5 Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). This Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, require that the proceeds of the Special Tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $657,588
Less: Delinquency as of 6/30/2024 ($379)
Total Special Taxes Received $657,209

2024 Expenditures
Services $654,424
Administrative Expenses (2) $3,163
Total Expenditures $657,587
__________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services and Administrative Expenses. (2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is separated into two non -contiguous areas; one located north of Pine Avenue and west of Rincon Meadows Avenue, and the second is located west of Hellman Avenue and south of Pine Avenue.

CFD No. 2003-3 IA 5 is a non -bonded service and was formed to finance services such as, maintenance of parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public safety services.

156

7. Community Facilities District No. 2003-3 Improvement Area 6 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 12

Community Facilities District No. 2003-3 Improvement Area 6 2015 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $957,170
Less: Delinquency as of 6/30/2024 ($2,208)
Total Special Taxes Received $954,962

2024 Expenditures
Bond Interest – 3/1/2024 $258,419
Bond Interest – 9/1/2024 $258,419
Bond Principal – 9/1/2024 $320,000
Administrative Expenses (2) $10,379
Total Expenditures $847,217

City Held Fund Balance 6/30/2024 $730,277
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $112,294
Less: Delinquency as of 6/30/2024 ($259)
Total Special Taxes Received $112,035

2024 Expenditures
Services $112,294
Administration $0
Total Expenditures $112,294
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 157

7. Community Facilities District No. 2003-3 Improvement Area 6 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 13

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 30.88 gross acres of land (including approximately 19.59 taxable acres) and is divided into three zones. Zones 1 and 2 are located south of Bickmore Avenue between Rincon Meadows and Mill Creek Avenue. Zone 3 is located south of Kimball Avenue and west of Hellman Avenue.

The District was formed to finance backbone infrastructure, including water and storm drain improvements. The funds allocated from the services portion of the CFD will cover maintenance of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2003-3 IA 6 $12,488,492.30 $12,488,471.18 $21.12 Completed (1) Includes Series 2015 initial deposit.

Improvements have been completed in the District.

158

8. Community Facilities District No. 2003-3 Improvement Area 7 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 14

Community Facilities District No. 2003-3 Improvement Area 7 2018 and 2020 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $2,626,035
Less: Delinquency as of 6/30/2024 ($40,380)
Total Special Taxes Received $2,585,655
2024 Expenditures
Bond Interest – 3/1/2024 $786,688
Bond Interest – 9/1/2024 $786,688
Bond Principal – 9/1/2024 $780,000
Administrative Expenses (2) $24,059
Developer Reimbursement $0
Total Expenditures $2,377,435
City Held Fund Balance 6/30/2024 $1,907,687
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $313,887
Less: Delinquency as of 6/30/2024 ($4,821)
Total Special Taxes Received $309,066
2024 Expenditures
Services $313,887
Administration $0
Total Expenditures $313,887
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 159

8. Community Facilities District No. 2003-3 Improvement Area 7 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 15

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 83.7 gross acres of land (including approximately 56.70 taxable acres) and is divided into three zones. Zones 1 and 2 are located south of Hellman and west of Pine Avenue. Zone 3 is located north of Kimball Avenue and east of Rincon Meadows Avenue.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024

District Name
Initial Amount Deposited
to Improvement Fund
Amount
Expended
June 30, 2024
Balance Project Status
CFD No. 2003-3 IA 7 $38,307,155.80 $38,307,155.80 $0.00 Completed

Improvements have been completed in the District.

160

9. Community Facilities District No. 2003-3 Improvement Area 8 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 16

Community Facilities District No. 2003-3 Improvement Area 8 2021 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). This Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, require that the proceeds of the Special Tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $1,414,850
Less: Delinquency as of 6/30/2024 ($1,675)
Total Special Taxes Received $1,413,175

2024 Expenditures
Bond Interest – 3/1/2024 $411,200
Bond Interest – 9/1/2024 $411,200
Bond Principal – 9/1/2024 $410,000
Administrative Expenses (2) $15,079
Developer Reimbursement $0
Total Expenditures $1,247,479

City Held Fund Balance 6/30/2024 $1,041,573
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $181,878
Less: Delinquency as of 6/30/2024 ($215)
Total Special Taxes Received $181,663
2024 Expenditures
Services $181,878
Administration $0
Total Expenditures $181,878
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 161

9. Community Facilities District No. 2003-3 Improvement Area 8 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 17

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 22.39 gross acres. Zone 1 is located west of East Preserve Loop and south of Forest Park Street in the City of Chino. Zone 2 is located south of Forest Park Street and east of Main Street. Zone 3 is located south of Garden Park Street and east of West Preserve Loop.

The District was formed to finance certain backbone infrastructure required in connection with the previous development of property within the District, including street, landscaping, bridge, storm drain, sewer, water, and dry utilities infrastructure improvements, design and construction of monument s, and traffic signal installation.

The funds allocated from the services portion of the CFD will cover maintenance of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024

District Name
Initial Amount Deposited
to Improvement Fund
Amount
Expended
June 30, 2024
Balance Project Status
CFD No. 2003-3 IA 8 $22,016,786.70 $22,012,188.64 $4,598.06 In Progress

It is anticipated that Improvement Funds will be expended as reimbursement requests are made for approved facilities.

162

10. Community Facilities District No. 2003-3 Improvement Area 9 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 18

Community Facilities District No. 2003-3 Improvement Area 9 2022 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). This Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, require that the proceeds of the Special Tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $2,374,285
Less: Delinquency as of 6/30/2024 ($24,828)
Total Special Taxes Received $2,349,457
2024 Expenditures
Bond Interest – 3/1/2024 $831,988
Bond Interest – 9/1/2024 $831,988
Bond Principal – 9/1/2024 $530,000
Administrative Expenses (2) $16,747
Developer Reimbursement $754,989
Total Expenditures $2,965,712

City Held Fund Balance 6/30/2024 $1,515,771
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $347,338
Less: Delinquency as of 6/30/2024 ($3,630)
Total Special Taxes Received $343,708

2024 Expenditures
Services $347,338
Administration $0
Total Expenditures $347,338
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 163

10. Community Facilities District No. 2003-3 Improvement Area 9 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 19

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 56.97 gross acres. There are three development zones: Zone 1, which consists of Zones 1A and 1B, Zone 2 and Zone 3 within Improvement Area No. 9.

The District was formed to finance certain backbone infrastructure required in connection with the previous development of property within the District, including street, landscaping, bridge, storm drain, sewer, water, and dry utilities infrastructure improvements, design and construction of monuments, and traffic signal installation.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024

District Name
Initial Amount Deposited
to Improvement Fund
Amount
Expended
June 30, 2024
Balance Project Status
CFD No. 2003-3 IA 9 $28,675,980.09 $19,612,285.32 $9,063,694.77 In Progress

It is anticipated that Improvement Funds will be expended as reimbursement requests are made for approved facilities.

164

11. Community Facilities District No. 2003-4 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 20

Community Facilities District No. 2003-4
2021 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act. This Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $370,665
Less: Delinquency as of 6/30/2024 $0
Total Special Taxes Received $370,665

2024 Expenditures (1)(2)
Bond Interest – 3/1/2024 $36,575
Bond Interest – 9/1/2024 $36,575
Bond Principal – 9/1/2024 $300,000
Administrative Expenses (3) $5,247
Surplus Fund Credit ($7,733)
Total Expenditures $370,664

City Held Fund Balance 6/30/2024 $419,051.90
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 96.20 acres of land, including approximately 94.66 taxable acres, and is located in the City, on the east and west side of Mountain Avenue from Kimball Avenue to Bickmore Avenue.

The District was formed to fund infrastructure needed for new development, roadway, sewer, water, gas, storm drain, streets and parkways, curbs and gutters, bridges, traffic signals, entry signage, appurtenant work, and development impact fees.

This District is one of the six Local Obligations of the City of Chino Public Financing Authority (PFA) Refunding Bonds, Series of 2021A. The City of Chino PFA Marks−Roos Revenue Pool is also comprised of Community Facilities District Nos. 2001−1, 2003−1, 2003−2, 2003−3 IA 1 and 2009−1; please see separate reports for information regarding these Districts.
165

11. Community Facilities District No. 2003-4 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 21

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD 2003-4 $5,503,141.00 $5,503,141.00 $0.00 Completed
(1) Includes Series 2004 initial deposit.

Improvements have been completed in the District. The Improvement Fund has been closed.

166

12. Community Facilities District No. 2005-1 Improvement Area 1 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 22

Community Facilities District No. 2005-1 Improvement Area 1 2015 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $1,537,820
Less: Delinquency as of 6/30/2024 ($16,771)
Total Special Taxes Received $1,521,049

2024 Expenditures
Bond Interest – 3/1/2024 $278,500
Bond Interest – 9/1/2024 $278,500
Bond Principal – 9/1/2024 $700,000
Administrative Expenses (2) $21,010
Total Expenditures $1,278,010

City Held Fund Balance 6/30/2024 $1,531,711
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $1,126,480
Less: Delinquency as of 6/30/2024 ($11,376)
Total Special Taxes Received $1,115,104

2024 Expenditures
Services $1,126,480
Administration $0
Total Expenditures $1,126,480
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 167

12. Community Facilities District No. 2005-1 Improvement Area 1 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 23

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is divided into nine planning areas and is comprised of approximately 94.40 acres of land and is bounded by Cypress Avenue, Euclid Avenue, Clemson Street and the northwest quadrant of San Antonio Avenue and Eucalyptus Avenue.

The Public Facilities within the District are proposed to consist of backbone infrastructure needed for new development such as roadway, sewer, water, storm drain, street and parkway, curbs and gutters, traffic signals, dry utilities, landscaping improvements, appurtenances and appurtenant work, and development impact fees that are used by the City to construct infrastructure. The funds allocated from the services portion of the CFD will cover maintenance of parks, parkways and open space, flood and storm p rotection services the operation of storm drainage systems, and public safety services.

The District is one of the four Local Obligations of the Chino Public Financing Authority (PFA) Local Agency Refunding Bonds, Series 2015A. The City of Chino PFA Marks-Roos Revenue Pool is also comprised of Community Facilities District Nos. 2003-3 IA 2, 2005-2 and 2006-2; please see separate reports for information regarding these Districts.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2005-1 IA 1 $20,799,104.23 $20,799,104.23 $0.00 Completed (1) Includes Series 2007 initial deposit.

Improvements have been completed in the District. The Improvement Fund has been closed.

168

13. Community Facilities District No. 2005-1 Improvement Area 2 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 24

Community Facilities District No. 2005-1 Improvement Area 2 2019 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $168,319
Less: Delinquency as of 6/30/2024 ($1,098)
Total Special Taxes Received $167,221

2024 Expenditures
Bond Interest – 3/1/2024 $30,819
Bond Interest – 9/1/2024 $30,819
Bond Principal – 9/1/2024 $55,000
Administrative Expenses (2) $9,356
Total Expenditures $125,994

City Held Fund Balance 6/30/2024 $182,796
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $334,579
Less: Delinquency as of 6/30/2024 ($2,556)
Total Special Taxes Received $332,023

2024 Expenditures
Services $334,579
Administration $0
Total Expenditures $334,579
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 169

13. Community Facilities District No. 2005-1 Improvement Area 2 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 25

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 54.4 net acres and contains three zones. The area is located within the City, and is located north of Cypress Avenue, west of Mountain Avenue, and south of Edison Avenue.

The Public Facilities within the District are proposed to consist of backbone infrastructure needed for new development, such as roadway, sewer, water, dry utilities, storm drain, street and parkway, curb and gutter, traffic signal, entry signage, and appurtenances and appurtenant work. The funds allocated from the services portion of the CFD will cover maintenance of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services.

The District is one of two Local Obligations of the Chino Public Financing Authority (PFA) Local Agency Refunding Bonds, Series 2019A. The City of Chino PFA Marks -Roos Revenue Pool is also comprised of Community Facilities District No. 2006-3; please see separate report for information regarding this District.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2005-1 IA 2 $1,695,432.81 $1,693,328.60 $2,104.21 In Progress (1) Includes Series 2014 initial deposit.

The developer is in the process of preparing and submitting payment requests for the remaining balance. The construction of the Facilities and Fees in connection with the development of property within the District continues as additional development occurs.

170

14. Community Facilities District No. 2005-1 Improvement Area 3 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 26

Community Facilities District No. 2005-1 Improvement Area 3 2015 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $205,032
Less: Delinquency as of 6/30/2024 ($5,165)
Total Special Taxes Received $199,867

2024 Expenditures
Bond Interest – 3/1/2024 $48,069
Bond Interest – 9/1/2024 $48,069
Bond Principal – 9/1/2024 $70,000
Administrative Expenses (2) $9,024
Total Expenditures $175,162
City Held Fund Balance 6/30/2024 $205,839
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $312,142
Less: Delinquency as of 6/30/2024 ($5,189)
Total Special Taxes Received $306,953

2024 Expenditures
Services $312,142
Administration $0
Total Expenditures $312,142
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 171

14. Community Facilities District No. 2005-1 Improvement Area 3 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 27

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 19.81 net taxable acres and is divided into three zones bounded by Cypress Avenue, Edison Avenue, and Marquette Avenue, Satterfield Way, and intersected by Eucalyptus Avenue.

The Public Facilities within the District are proposed to consist of backbone infrastructure needed for new development such as roadway, sewer, water, storm drain, street and parkway, curbs and gutters, traffic signals, dry utilities, landscaping improvements, and appurtenances and appurtenant work. The funds allocated from the services portion of the CFD will cover maintenance of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2005-1 IA 3 $2,372,493.97 $2,334,109.54 $38,384.43 In Progress (1) Includes Series 2015 initial deposit.

It is anticipated that Improvement Funds will be expended as Developer Reimbursement requests are made for approved facilities.

172

15. Community Facilities District No. 2005-1 Improvement Area 4 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 28

Community Facilities District No. 2005-1 Improvement Area 4 2016 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $410,824
Less: Delinquency as of 6/30/2024 ($7,102)
Total Special Taxes Received $403,722

2023 Expenditures
Bond Interest – 3/1/2024 $85,878
Bond Interest – 9/1/2024 $85,878
Bond Principal – 9/1/2024 $180,000
Administrative Expenses (2) $12,698
Total Expenditures $364,454

City Held Fund Balance 6/30/2024 $408,693
(1) Amount Enrolled for the Fiscal Year 2022-23 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $346,418
Less: Delinquency as of 6/30/2024 ($6,263)
Total Special Taxes Received $340,155

2024 Expenditures
Services $346,418
Administration $0
Total Expenditures $346,418
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 173

15. Community Facilities District No. 2005-1 Improvement Area 4 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 29

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District contains approximately 55.91 net taxable acres and is divided into three zones. The District is located south of Edison Avenue, west of Euclid Avenue, north of Cypress Avenue, and lies on both sides of Eucalyptus Avenue.

The Public Facilities within the District are proposed to consist of backbone infrastructure needed for new development such as roadway, sewer, water, storm drain, street and parkway, curbs and gutters, traffic signals, dry utilities, landscaping improvements, and appurtenances and appurtenant work. The funds allocated from the services portion of the CFD will cover maintenance of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2005-1 IA 4 $6,011,932.90 $5,991,485.54 $20,447.36 In Progress (1) Includes Series 2016 initial deposit.

It is anticipated that Improvement Funds will be expended as Developer Reimbursement requests are made for approved facilities.

174

16. Community Facilities District No. 2005-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 30

Community Facilities District No. 2005-2
2015 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $489,058
Less: Delinquency as of 6/30/2024 ($0.00)
Total Special Taxes Received $489,058

2024 Expenditures
Bond Interest – 3/1/2024 $76,875
Bond Interest – 9/1/2024 $76,875
Bond Principal – 9/1/2024 $190,000
Administrative Expenses (2) $9,537
Developer Reimbursement $135,771
Total Expenditures $489,058

City Held Fund Balance 6/30/2024 $403,295
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest and Administrative Expenses. (2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $53,499
Less: Delinquency as of 6/30/2024 ($0)
Total Special Taxes Received $53,499
2024 Expenditures
Services $53,499
Administration $0
Total Expenditures $53,499
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 175

16. Community Facilities District No. 2005-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 31

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 20 acres of land located in the City, within a master-planned community called The Preserve at Chino. The area is north of Bickmore Avenue, west of Rincon Meadows Avenue, and south of Kimball Avenue.

The District was formed to finance certain infrastructure improvements to support development within the District, including law enforcement, fire facilities, road, bridge, traffic signals, drainage, water storage and distribution, sewage collection and disposal, general public facilities, library, community center, open space, and park improvements. The funds allocated from the services portion of the CFD will cover maintenance of parks, parkways and open space, flood and storm protection services the oper ation of storm drainage systems, and public safety services.

The District is one of the four Local Obligations of the Chino Public Financing Authority (PFA) Local Agency Refunding Bonds, Series 2015A. The City of Chino PFA Marks-Roos Revenue Pool is also comprised of Community Facilities District Nos. 2003-3 IA 2, 2005-1 IA 1, and 2006-2; please see separate reports for information regarding these Districts.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2005-2 $5,187,000.00 $5,187,000.00 $0.00 Completed (1) Includes Series 2006 initial deposit.

All improvements have been completed in the District. The Improvement Fund has been closed.

176

17. Community Facilities District No. 2006-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 32

Community Facilities District No. 2006-1
2016 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $248,645
Less: Delinquency as of 6/30/2024 ($2,287)
Total Special Taxes Received $246,358
2024 Expenditures (2)
Bond Interest – 3/1/2024 $61,178
Bond Interest – 9/1/2024 $61,178
Bond Principal – 9/1/2024 $150,000
Administrative Expenses (3) $9,046
Surplus Fund Credit ($32,757)
Total Expenditures $248,645
City Held Fund (441) Balance 6/30/2024 $586,465
City Held Fund (841) Balance 6/30/2024 $247,887
(1) Amount enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $59,478
Less: Delinquency as of 6/30/2024 ($668)
Total Special Taxes Received $58,810
2024 Expenditures
Services $59,478
Administration $0
Total Expenditures $59,478
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 177

17. Community Facilities District No. 2006-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 33

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 12.22 net acres of land located in the City and consists of Tract No. 17147. The area is located south of Kimball Avenue, west of W. Preserve Loop, north of Spring Hill Street, and east of Mill Creek Avenue.

The District was formed to fund backbone infrastructure needed for new development such as roadway, bridge, sewer, water, dry utilities, storm drain, street and parkway, curb and gutter, traffic signal, entry signage, appurtenances and appurtenant work, and development impact fees used by the City to construct infrastructure.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2006-1 $3,904,374.96 $3,393,858.80 $510,516.16 Completed (1) Includes Series 2013 initial deposit.

It is anticipated that the remainder of the unclaimed Improvement Funds will be transferred to the City for the benefit of CFD No. 2006-1.

178

18. Community Facilities District No. 2006-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 34

Community Facilities District No. 2006-2
2015 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $542,815
Less: Delinquency as of 6/30/2024 ($1,394)
Total Special Taxes Received $541,421

2024 Expenditures (2)
Bond Interest – 3/1/2024 $123,000
Bond Interest – 9/1/2024 $123,000
Bond Principal – 9/1/2024 $305,000
Administrative Expenses (3) $13,950
Surplus Fund Credit ($22,133)
Total Expenditures $542,817

City Held Fund Balance 6/30/2024 $600,769
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 28.87 net acres of land located in the City and consists of Tract No. 16953. The area is located north of Chino Avenue, east of Fern Avenue, south of E. Riverside Drive, and west of Euclid Avenue.

The District was formed to construct roadway, sewer, water, gas, storm drain, street and parkway, curb and gutter, traffic signals, bus shelters, entry signage, bicycle path improvements, and appurtenances and appurtenant work.

The District is one of the four Local Obligations of the Chino Public Financing Authority (PFA) Local Agency Refunding Bonds, Series 2015A. The City of Chino PFA Marks-Roos Revenue Pool is also comprised of Community Facilities District Nos. 2003-3 IA 2, 2005-1 IA 1, and 2005-2; please see separate reports for information regarding these Districts.
179

18. Community Facilities District No. 2006-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 35

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2006-2 $8,088,444.40 $8,088,444.40 $0.00 Completed (1) Includes Series 2006 initial deposit.

All improvements have been completed in the District. The Improvement Fund has been closed.

180

19. Community Facilities District No. 2006-3 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 36

Community Facilities District No. 2006-3
2019 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, require that the proceeds of the Special Tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $330,756
Less: Delinquency as of 6/30/2024 ($1,889)
Total Special Taxes Received $328,867

2024 Expenditures (2)
Bond Interest – 3/1/2024 $82,216
Bond Interest – 9/1/2024 $82,216
Bond Principal – 9/1/2024 $160,000
Administrative Expenses (3) $9,869
Surplus Fund Credit ($3,543)
Total Expenditures $330,758
City Held Fund Balance 6/30/2024 $322,437
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $64,143
Less: Delinquency as of 6/30/2024 ($359)
Total Special Taxes Received $63,784
2024 Expenditures
Services $64,143
Administration $0
Total Expenditures $64,143
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 181

19. Community Facilities District No. 2006-3 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 37

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 36.57 gross acres of land located in the City and consists of Tract No. 17055. The area is located north of Pine Avenue, east of Mill Creek Avenue, south of Bickmore Avenue, and west of W. Preserve Loop.

The District was formed to fund backbone infrastructure needed for new development such as: storm drain, sewer, water, street improvements, traffic signals, public park improvements, landscaping, and appurtenances and appurtenant work as well as certain de velopment impact fees used by the City to construct infrastructure.

The District is one of two Local Obligations of the Chino Public Financing Authority (PFA) Local Agency Refunding Bonds, Series 2019A. The City of Chino PFA Marks -Roos Revenue Pool is also comprised of Community Facilities District No. 2005-1 IA 2; please see separate report for information regarding this District.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2006-3 $4,920,905.05 $4,193,335.53 $727,569.52 In Progress (1) Includes Series 2013 initial deposit.

It is anticipated that Improvement Funds will be expended as Developer Reimbursement requests are made for approved facilities.

182

20. Community Facilities District No. 2009-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 38

Community Facilities District No. 2009-1
2021 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $830,780
Less: Delinquency as of 6/30/2024 $0
Total Special Taxes Received $830,780

2024 Expenditures (2)
Bond Interest – 3/1/2024 $138,472
Bond Interest – 9/1/2024 $138,472
Bond Principal – 9/1/2024 $560,000
Administrative Expenses (3) $5,165
Surplus Fund Credit ($11,329)
Total Expenditures $830,780

City Held Fund Balance 6/30/2024 $874,562
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 59 acres of land, all of which are taxable, and is located in the City south of Kimball Avenue, west of Euclid Avenue, and is intersected by Fern and Bickmore Avenues.

The District was formed to finance backbone infrastructure needed for new development, such as roadway, bridge, sewer, water, reclaimed water, dry utilities, storm drain, street and parkway landscaping, curb and gutter, medians, median landscaping, traffic signals, entry signage, parks, trails, fire facilities, library and public community facilities, appurtenances and appurtenant work, and development impact fees that are used by the City to construct infrastructure.

20. Community Facilities District No. 2009-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 39

District Nos. 2001−1, 2003−1, 2003−2, 2003−3 IA 1, and 2003−4; please see separate reports for information regarding these Districts.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2009-1 $11,034,467.00 $11,034,467.00 $0.00 Completed (1) Includes Series 2010 initial deposit.

All improvements have been completed in the District. The Improvement Fund has been closed.

184

21. Community Facilities District No. 2016-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 40

Community Facilities District No. 2016-1
2020 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $532,877
Less: Delinquency as of 6/30/2024 ($2,877)
Total Special Taxes Received $530,000

2023 Expenditures (2)
Bond Interest – 3/1/2024 $167,172
Bond Interest – 9/1/2024 $167,172
Bond Principal – 9/1/2024 $190,000
Administrative Expenses (3) $8,534
Total Expenditures $532,878

City Held Fund Balance 6/30/2024 $458,423
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $83,307
Less: Delinquency as of 6/30/2024 ($454)
Total Special Taxes Received $82,853
2024 Expenditures
Services $83,307
Administration $0
Total Expenditures $83,307
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 185

21. Community Facilities District No. 2016-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 41

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 18.42 gross acres of land located in the City and consists of Tract No. 18858. The area is located north of Bickmore Avenue and east of Euclid Avenue.

The District was formed to finance certain backbone infrastructure required in connection with the previous development of property within the District, including street, landscaping, bridge, storm drain, sewer, water, dry utilities infrastructure improvem ents, design and construction of monumentation, and traffic signal installation.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2016-1 $9,600,000.00 $8,860,650.09 $739,349.91 In Progress (1) Includes Series 2017 initial deposit.

It is anticipated that Improvement Funds will be expended as Developer Reimbursement requests are made for approved facilities.

186

22. Community Facilities District No. 2016-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 42

Community Facilities District No. 2016-2
2017 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $491,575
Less: Delinquency as of 6/30/2024 ($6,553)
Total Special Taxes Received $485,022

2024 Expenditures (2)
Bond Interest – 3/1/2024 $154,713
Bond Interest – 9/1/2024 $154,713
Bond Principal – 9/1/2024 $175,000
Administrative Expenses (3) $10,069
Surplus Fund Credit ($2,918)
Total Expenditures $491,577

City Held Fund Balance 6/30/2024 $437,500
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $115,429
Less: Delinquency as of 6/30/2024 ($1,553)
Total Special Taxes Received $113,876
2024 Expenditures
Services $115,429
Administration $0
Total Expenditures $115,429
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 187

22. Community Facilities District No. 2016-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 43

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 39.10 gross acres of land located in the City and consists of Tract Nos. 18971-1 and 18972. The area is located north of Eucalyptus Avenue, between San Antonio Avenue and Euclid Avenue.

The District was formed to fund backbone infrastructure needed for new development such as roadway, bridge, sewer, water, reclaimed water, dry utilities, storm drain, street and parkway, landscaping, curb and gutter, medians, median landscaping, traffic si gnals, entry signage, parks, trails, fire facilities, library facilities and public community facilities, and appurtenances and appurtenant work. The funds allocated from the services portion of the CFD will cover maintenance of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund (1) Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2016-2 $7,191,422.32 $6,622,796.78 $568,625.54 In Progress (1) Includes Series 2017 initial deposit.

It is anticipated that Improvement Funds will be expended as Developer Reimbursement requests are made for approved facilities.

188

23. Community Facilities District No. 2019-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 44

Community Facilities District No. 2019-1
2020 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $595,449
Less: Delinquency as of 6/30/2024 ($3,279)
Total Special Taxes Received $592,170

2024 Expenditures (2)
Bond Interest – 3/1/2024 $195,900
Bond Interest – 9/1/2024 $195,900
Bond Principal – 9/1/2024 $195,000
Administrative Expenses (3) $10,091
Surplus Fund Credit ($1,441)
Total Expenditures $595,450

City Held Fund Balance 6/30/2024 $492,611
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 20.48 gross acres of land located north of Bickmore Avenue, between Sultana Avenue and Rincon Meadows Avenue.

The District was formed to finance certain backbone infrastructure required in connection with the previous development of property within the District, including new development, such as roadway, bridge, sewer, water, reclaimed water, dry utilities, storm drain, street and parkway landscaping, curb and gutter, medians, median landscaping, traffic signals, entry signage, parks, trails, fire facilities, library facilities and public community facilities, appurtenances and appurtenant work, and development impact fees that are used by the City to construct infrastructure.
189

23. Community Facilities District No. 2019-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 45

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2019-1 $9,719,861.89 $9,719,861.61 $0.28 Complete

All improvements have been completed in the District. The Improvement Fund will be closed.

190

24. Community Facilities District No. 2020-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 46

Community Facilities District No. 2020-1
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). This Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, require that the proceeds of the Special Tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $218,172
Less: Delinquency as of 6/30/2024 $0
Total Special Taxes Received $218,172

2024 Expenditures
Services $215,132
Administrative Expenses (2) $3,041
Total Expenditures $218,173
__________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services and Administrative Expenses. (2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

CFD No. 2020-1 is an annexable District with a potential annexation area encompassing the entire City of Chino.

CFD No. 2020-1 is a non-bonded service and was formed to finance services such as, public safety services; library and recreation program services; the operation and maintenance of future museums and cultural facilities; street and road maintenance; and the lighting of parks, parkways, streets, roads and open space and other authorized services.

191

25. Community Facilities District No. 2021-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 47

Community Facilities District No. 2021-1
2023 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Facilities:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $558,600
Less: Delinquency as of 6/30/2024 ($6,900)
Total Special Taxes Received $551,700

2024 Expenditures
Bond Interest – 3/1/2024 $0
Bond Interest – 9/1/2024 $0
Bond Principal – 9/1/2024 $0
Administrative Expenses (2) $4,687
Additional Capacity for Facilities $553,913
Total Expenditures $558,600

City Held Fund Balance 6/30/2024 $440,015
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Facilities and Administrative Expenses. (2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

Services:

Fiscal Year 2023-24 Revenues (1)
Special Taxes Levied $98,368
Less: Delinquency as of 6/30/2024 ($1,214)
Total Special Taxes Received $97,154
2024 Expenditures
Services $98,368
Administration $0
Total Expenditures $98,368
___________
(1) Amount Enrolled for the Fiscal Year 2023-24 to pay for Services. 192

25. Community Facilities District No. 2021-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2024 48

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 9.68 net taxable acres and is located north of Bickmore Avenue and east of Sultana Avenue in the City of Chino
The District was formed to fund backbone infrastructure needed for new development such as roadway, bridge, sewer, water, reclaimed water, dry utilities, storm drain, street and parkway, landscaping, curb and gutter, medians, median landscaping, traffic si gnals, entry signage, parks, trails, fire facilities, library facilities and public community facilities, and appurtenances and appurtenant work. The funds allocated from the services portion of the CFD will cover maintenance of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2024, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2024
District Name
Initial Amount
Deposited to
Improvement Fund Amount Expended
June 30, 2024
Balance Project Status
CFD No. 2021-1 $6,113,156.64 $3,057,300.33 $3,055,856.31 In Progress

It is anticipated that Improvement Funds will be expended as Developer Reimbursement requests are made for approved facilities.

193
194

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

SUBJECT
..titl e
Amendment No. 1 – Cooperative Agreement Between the City of Chino and the City of Chino Hills for the Chino Hills Parkway Street Rehabilitation Project (R7231). ..end

RECOMMENDATION
Approve Amendment No. 1 to the Cooperative Agreement between the City of Chino and the City of Chino Hills for the Chino Hills Parkway Street Rehabilitation Project; and authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
This amendment will increase the City’s cost share by $13,576. Sufficient funds are included in the Fiscal Year 2024-25 Capital Improvement Program for Project No. R7231.

TOTAL PROJECT BUDGET – R7231
Funding Source Adopted Budget Expenditures Available
Budget 322 – Measure I Fund $1,000,000 $0 $1,000,000
TOTALS: $1,000,000 $0 $1,000,000

Revenue: Click or tap here to enter text.

Expenditure: 3227190 – 48004 | 48005 – R7231
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 195
CITY COUNCIL MEETING DATE: DECEMBER 17, 2024
TITLE: AMENDMENT NO. 1 - COOPERATIVE AGREEMENT BETWEEN THE CITY OF

CHINO AND THE CITY OF CHINO HILLS FOR THE CHINO HILLS PARKWAY STREET REHABILITATION PROJECT (R7231).

PAGE: 2

BACKGROUND
On February 6, 2024, The City Council approved a Cooperative Agreement to establish cost sharing and reimbursement obligations with the City of Chino Hills for the Chino Hills Parkway Street Rehabilitation Project (R7231). The majority of the Project is located within the City of Chino Hills; therefore, Chino Hills acts as the lead agency and is responsible for all California Environmental Quality Act (CEQA) compliance, managing and directing all aspects of the Project, including retaining a qualified engineering consultant to design t he Project, retaining a qualified general contractor through a competitive bidding process per applicable law, managing the construction contract, and overseeing construction of the Project through completion.

The Project scope includes pavement rehabilita tion, curb ramp upgrades, installation of new video detection systems, and striping improvements within two segments of Chino Hills Parkway. As shown in Exhibit A, project limits for Segment 1 are entirely within City of Chino Hills boundary between Chino Hills’ northwest boundary and the intersection of Chino Hills Parkway at Carbon Canyon Road. Project limits for Segment 2 are between State Route 71 (SR-71) and Monte Vista Avenue. The jurisdictional boundary separating the City of Chino and City of Chino Hills is roughly located at the centerline of Chino Hills Parkway in Segment 2.

The Cooperative Agreement divides Project costs equitably between the Cities of Chino and Chino Hills. Each City’s obligational share is defined in the Agreement and summar ized in the table below:

OBLIGATIONAL SHARE – R7231

CITY OF CHINO HILLS CITY OF CHINO
Design Services 86.5% 13.5%
CEQA Documentation 86.5% 13.5%
Project Management 86.5% 13.5%
Segment 1 Construction 100% n/a
Segment 2 Construction 100% of scope within Chino Hills right-of-way
100% of scope within
Chino right-of-way
ESTIMATED TOTAL $1.85 million $1 million

ISSUES/ANALYSIS
The Cooperative Agreement provides a mechanism for the City of Chino to reimburse the City of Chino Hills for its obligational share of professional fees and construction costs incurred by the City of Chino Hills to complete the project.

On February 28, 20 23, City of Chino Hills contracted with BKF Engineers to provide professional engineering and design services for the Project. During the design phase, the City of Chino requested additional design services, including detailed curb ramp designs, traffic signal modifications, and additional survey work at the northwest and northeast corners of Chino Hills Parkway at Ramona Avenue, within City of Chino’s right -of-way to ensure compliance with the City’s Policy on Accessible Pedestrian Facilities. On July 19, 2024, BKF Engineers 196
CITY COUNCIL MEETING DATE: DECEMBER 17, 2024
TITLE: AMENDMENT NO. 1 - COOPERATIVE AGREEMENT BETWEEN THE CITY OF

CHINO AND THE CITY OF CHINO HILLS FOR THE CHINO HILLS PARKWAY STREET REHABILITATION PROJECT (R7231).

PAGE: 3

submitted a proposal to the City of Chino Hills in the amount of $13,576 to include these additional services. Amendment No. 1 to the Cooperative Agreement stipulates that City of Chino will be responsible for 100% of the costs associated with these additional services necessary to comply with the City’s Policy on Accessible Pedestrian Facilities.

At its City Council meeting held on November 12, 2024, the City of Chino Hills approved Amendment No. 1 to the Cooperative Agreement and an amendment to their professional services agreement with BKF Engineers in the amou nt of $13,576. Upon approval by the City of Chino City Council, and signed execution of Amendment No. 1, the City of Chino Hills can issue a notice to proceed for the additional design services. Design is anticipated to be completed within the first quarter of 2025 with construction estimated to begin summer 2025.

The attached Amendment No. 1 to the Cooperative Agreement has been reviewed and approved by the City Attorney as to form.

Therefore, staff recommends City Council approve Amendment No. 1 to the Cooperative Agreement with City of Chino Hills for the Chino Hills Parkway Pavement Rehabilitation Project (R7231).

Attachments: Exhibit A – Project Location Map
Exhibit B - Amendment No. 1

197
ATTACHMENT 1 - LOCATION MAP
198

AMENDMENT NO. 1 TO

COOPERATION AND REIMBURSEMENT AGREEMENT

BETWEEN THE CITIES OF CHINO AND CHINO HILLS REGARDING

THE CHINO HILLS PARKWAY PAVEMENT REHABILITATION PROJECT

This Amendment No. 1 (“Amendment”) to the Cooperation and Reimbursement Agreement is entered into this 17th day of December, 2024 (“Effective Date”) between the City of Chino Hills (“Chino Hills”) and the City of Chino (“Chino”). For purposes of this Amendment, Chino and Chino Hills may be referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS

A. On February 6, 2024, the Parties entered into a Cooperation and Reimbursement Agreement regarding the Chino Hills Parkway Pavement Rehabilitation Project (R7231) (the “Agreement”).

B. Pursuant to the Agreement, Chino Hills contracted with BKF Engineering, Inc. (“BKF”) to provide design services for the project.

C. Paragraph 4.2 of the Agreement provides that Chino is responsible for 13.5% of all professional fees and costs charged by BKF in connection with the project’s design. Chino Hills is responsible for the remaining 86.5%.

D. Subsequent to the execution of the Agreement, Chino requested that BKF provide additional detailed design for curb ramps at the North-East corners of Chino Hills Parkway and Ramona Avenue—portions of the project that are situated within Chino’s right-of-way.

E. The cost of the additional design services requested by Chino is $13,576.00, as detailed in the estimated attached hereto as Exhibit A and incorporated herein by this reference.

F. Chino agrees to bear 100% of the costs associated with the additional design services described in Exhibit A and the Parties wish to amend the Agreement to reflect Chino’s additional obligation.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged and accepted, the Parties agree as follows:

1. The Recitals set forth above are true and correct and are incorporated herein as though fully set forth.

2. Notwithstanding Paragraph 4.2 of the Agreement, Chino agrees to pay 100% of the additional $13,576.00 charged by BKF for additional design services related to curb ramps within Chino’s right-of-way, as detailed in Exhibit A hereto.

199

Page 2 of 2 ends

IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives as of the date first above written.

CITY OF CHINO HILLS CITY OF CHINO

By: By:

Peter J. Rogers, Mayor Eunice Ulloa, Mayor

APPROVED AS TO FORM:

By: By:

Mark D. Hensley, City Attorney Fred Galante, City Attorney

ATTEST:

By: __________________________________ By: __________________________________ City Clerk City Clerk
200

Page 1 of 2 ends

July 19th, 2024
BKF No. 221802
Victor Yanez, PE
Senior Engineer
City of Chino Hills
Transmitted Via Email
Subject: Additional Service Request No. 02
Chino Hills Parkway Pavement Rehabilitation Project
Dear Victor,
As discussed, BKF is requesting an additional budget for the Chino Hills Parkway project to provide detailed design for the curb ramps at the North-West and North-East corners of Chino Hills Parkway and Ramona Ave; not the South-West or South-East corners. This request was made by the City of Chino as a portion of the project resides within their right of way. The original contract limited the construction details for all curb ramps to only Case and Type, with the intent for the Contractor to construct in the field based on the City of Chino Standard Drawings. This work will also require survey work to obtain topographic data to ensure the proposed ramps are ADA compliant. The following are key assumptions:

Change Order Assumptions
Curb Ramp Design
- Two (2) detailed curb ramp designs will be provided at the North-West and North-East corners of the intersection of Chino Hills Parkway and Ramona Ave.
- Both curb ramps will be evaluated and designed with dual access. - The curb return radii alignment at both locations will match existing conditions. - The improvements will be designed within the existing city right of way, and no private property acquisition will be needed.

Traffic Signal Modification
- Pedestrian push buttons will be provided at both locations where the curb ramp designs are being proposed.
- Video detection will be removed from the intersections along Chino Hills Parkway at Ramona Ave, Commons Drive, and S Monte Vista Ave, with detection loops remaining.

Additional Survey Work
- Ground topography will be provided at the two curb return locations where the detailed curb ramp designs are located.
- The survey limits will extend 20 feet beyond each leg of the curb return to ensure the proposed design will conform properly to match existing conditions.
- The survey will pick up ground features including, but not limited to, horizontal and vertical locations of curbs, flowlines, back of sidewalks, existing curb ramps, driveways, and above-ground utility appurtenances.
- No horizontal survey control is assumed to be needed as the construction details will reference existing features for the contractor to build from.
201

Page 2 of 2 ends

ADDITIONAL SCOPE OF SERVICES
Task 2.5 – Topographic Surveying Services
This new task will include the time required to provide topographic survey services as detailed in the “Change Order Assumptions” section above. No horizontal survey control or right-of-way services will be provided.

Task 3 – Engineering Design and Plans, Specifications, and Estimate (PS&E) The increased design budget will cover the additional time required to provide detailed designs for the curb ramps as detailed in the “Change Order Assumptions” section above and to modify the construction documents (PS&E) to include these designs.

To ensure efficiency with the development and timeline of this task, the construction details will not include station offset controls for the curb ramp designs. Horizontal control will be based on existing features at improvement locations, while vertical control will be based on elevation data obtained from the survey work.

No signal modification sheets will be included in the construction documents. Installation of the pedestrian push buttons and modifications to the vehicle detection system will be shown as delt a revisions to the signal plan as- builts.

COMPENSATION
BKF proposes to provide the additional services on the basis of the current contract. We will continue to invoice for our services per task summarized as follows:

Phase | Task Description Fee

2.5 Topographic Services $4,216
3 Engineering Design and Plans, Specifications and Estimate $9,360 Total Labor Fee $13,576
Please contact me at 949-526-1042 if you have any questions regarding the additional scope items or if we need to meet to review them.

Respectfully,
BKF Engineers
Sheila Amparo, PE, QSD/P
Associate Principal
202

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

SUBJECT
..titl e
Amendment No. 1 with HR Green Pacific, Inc. for the Community Development Block Grant (CDBG) Program Alley Improvement Project FY 23-24 (SN240). ..end

RECOMMENDATION
Approve Amendment No. 1 for $3,800 with HR Green Pacific, Inc., (Contract No. 2025 -076) for the Community Development Block Grant (CDBG) Program Alley Improvement Project FY 23- 24 (SN240) for a revised total contract amount not to exceed $52,657.10; and authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Sufficient funds are budgeted in the Fiscal Year 2024 -25 Capital Improvement Program (CIP) for the Community Development Block Gra nt (CDBG) Program Alley Improvement Project (SN240).

TOTAL PROJECT BUDGET – SN240
Funding Source Adopted Budget Additional
Appropriation
Revised Project
Budget
Fund 350 – CDBG $219,256.00 $0 $219,256.00

Revenue: Click or tap here to enter text.

Expenditure: 3508030 – 48004 - SN240
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 203
CITY COUNCIL MEETING DATE: DECEMBER 17, 2024
TITLE: AMENDMENT NO. 1 WITH HR GREEN PACIFIC, INC. FOR THE COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ALLEY IMPROVEMENT PROJECT FY 23-24 (SN240).

PAGE: 2

BACKGROUND
The Community Development Block Grant (CDBG) Program Alley Improvement Project (SN240) will occur in the east -west alley between D Street and Chino Avenue from 3 rd Street to 5th Street. The scope of work generally includes pavement reconstruction of the alley. The City’s intention is to have the alley resur faced by completely removing the existing pavement and replacing with subgrade and new asphalt. Reconstruction of the alley will also improve the drainage in the area.

ISSUES/ANALYSIS
On May 10, 2024, the City released an informal request for Proposals (RFP) from the on -call consultant list (RFP#2023-3003) for design services, following the City procurement policy. The City received (3) three proposals by the closing date. Staff evaluat ed and ranked the proposals based on the following weighted criteria:
 Experience/Qualifications: 20%
 Past Performance/References: 20%
 Plan Methodology/Project Approach: 30%
 Quality of Responsiveness of Proposal: 15%
 Cost Evaluation: 15%

HR Green Pacific, Inc. was selected as the highest -ranking proposal by the evaluation committee. On July 29, 2024, an agreement for $48,840 was processed administratively as the agreement amount was within the City Manager’s approval range.

Additional costs are required t o include the design of (4) four alley approaches to comply with the City’s Policy on Accessible Facilities in the Public Right -of-Way. The cost breakdown to include the necessary design is as follows:

Item Amount
Survey and Design of (4) four alley approaches $3,800.00 Total: $3,800.00

Staff recommends the City Council approve Amendment No. 1 for $3,800 with HR Green Pacific, Inc. (Contract No. 2025-076) for additional design services for the CDBG Program Alley Improvement Project (SN240) for a revised total contract amount not to exceed $52,657.10.

Attachments: Exhibit A – Project Location Map
Exhibit B – Contract Amendment No. 1

204

CDBG ALLEY PROJECT
E-W 3rd Street to 5th Street between Chino Avenue and D Street

3RD STREET
5TH STREET

D STREET

CHINO AVENUE
205
Project Name/No.: SN240 – Professional Design SVCS Contract No.: 2025-076 (A1)

Project Manager: PW/ M. Hindersinn Approved: ______________

AMENDMENT NO. 1

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and HR Green Pacific, Inc., a California Corporation (“Consultant”) is effective as of the 17th day of December, 2024.

RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated July 29th, 2024 (“Agreement”) whereby Consultant agreed to provide Design Engineering Services for the Alley Improvements FY24 Project (SN240).

B. City and Consultant now desire to amend the Agreement to add to the original scope of services and increase compensation.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) The scope of services provided in Exhibit “A -1” of the agreement is amended to include services as specified in “Exhibit A-2” Option 2, attached hereto (b) The schedule of compensation provided in Exhibit “C -1” of the Agreement is amended to include the cost for additional design services as specified in “Exhibit C-2”, attached hereto
(c) Section 2.1, Contract Sum is hereby revised to increase the Contract Sum by Three Thousand Eight Hundred Dollars and Zero Cents ($3,800) for additional design engineering services, and shall read in its entirety as follows:
“For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of Fifty-Two Thousand Six Hundred Fifty -Seven Dollars and Ten Cents ($52,657.10) (“Contract Sum”).

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

3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations 206
01225.0001/863605.1
arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

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

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

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

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

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

CONSULTANT:

HR GREEN PACIFIC, INC.:

By:

Name:

Title:

By:

Name:

Title:

Address: 1260 Corona Pointe Ct., Suite 305
Corona, CA 92879

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 208
01225.0001/863605.1 A2-1

Exhibit A-2
Scope of Work

HR Green will utilize existing topographic survey to design the 4 alley crossings. Design details will be included in the plans for the alley reconstruction and include all necessary grade/elevation information in order to comply with the latest ADAAG requirements.

Deliverable: Survey and Design Plans of (4) four alley approaches 209
01225.0001/863605.1 C2-1
Exhibit C-2

Proposed Fee

Item Amount
Survey and Design of (4) four alley approaches $3,800.00 Total: $3,800.00

210

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

SUBJECT
..titl e
Award Professional Services Agreement – Engineering Design and Bid Support Services for the Local Street Rehabilitation Project FY2025 (ST251).
..end

RECOMMENDATION
Award a Professional Services Agreement to HR Green Pacific, Inc., for $408,990 for Engineering Design and Bid Support Services for the Local Street Rehabilitation Project FY2025 (ST251); and authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds are budgeted in the Fiscal Year 2024-2025 Capital Improvement Program (CIP) for the Local Street Rehabilitation Project FY2025 (ST251). The total available budget is summarized below:

TOTAL PROJECT BUDGET - ST251
Funding Source Adopted Budget Expenditures Available
Budget 322 – Measure I Fund $343,750 $0 $343,750
327 – RMRA (SB1)* $660,000 $0 $660,000
TOTALS: $1,003,750 $0 $1,003,750
*Note: Road Maintenance and Rehabilitation Account (RMRA) is part of the gasoline tax passed as part of Senate Bill 1 (SB 1).

Revenue: Click or tap here to enter text.

Expenditure: 3227190 – 48004 – ST251
3277102 – 48004 – ST251
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 211
CITY COUNCIL MEETING DATE: DECEMBER 17, 2024
TITLE: AWARD PROFESSIONAL SERVICES AGREEMENT - ENGINEERING DESIGN AND BID SUPPORT SERVICES FOR THE LOCAL STREET REHABILITATION PROJECT FY2025 (ST251).

PAGE: 2

BACKGROUND
In accordance with the City’s Pavement Management Inventory Program (“PMI Program”), staff identified a future phase of pavement rehabilitation targeting streets east of Central Avenue. As part of that work, curb ramps in these areas must be brought into compliance with the City’s Policy on Accessible Facilities in the Public Right-of-Way. Under the Local Street Rehabilitation Project 2025 (“Project ST251”), the City intends to complete the engineering design of curb ramps at a total of thirty -seven (37) intersections (Exhibit A) in this target area. This work will also include curb ramp design for various locations throughout the City. The design of the curb ramps will facilitate the future construction of the compliant facilities and orderly completion of the City’s pavement rehabilitation projects.

ISSUES/ANALYSIS
On August 29, 2024, the City released a Request for Proposals (RFP# 2024-0022) “Engineering Design Services Project ST251 -Concrete Street Rehabilitation FY2024/25” on PlanetBids, following City procurement policies. On October 3, 2024, the City received (10) ten proposals.

Cost proposals were submitted in a separate sealed file. Staff evaluated and ranked the proposals based on the following weighted criteria:
 Experience/Qualifications: 20%
 Past Performance/References: 20%
 Plan Methodology/Project Approach: 30%
 Quality of Responsiveness of Proposal: 15%
 Cost Evaluation: 15%
HR Green Pacific, Inc., was selected as the highest -ranked proposal by the evaluation committee. Staff recommends City Council approve a contract with HR Green Pacific, Inc., for a not to exceed amount of $408,990 to complete Engineering Design and Bid Support Services.

The final ranking of firms is shown in the table below:

RANK CONSULTANT
1 HR Green Pacific, Inc.
2 Bowman Consulting Group Ltd.
3 WestLAND Group, Inc.
4 Hunsaker and Associates Irvine, Inc.
5 Michael Baker International, Inc.
6 TAIT & Associates, Inc.
7 IDS Group
8 West & Associates
9 RKA Consulting Group
10 FEI Associates Consulting Engineers

The estimated project design costs are itemized below:

Project ST251 Project Task Vendor Totals
Design Engineering & Bid Support Services HR Green Pacific, Inc. $408,990.00 212
CITY COUNCIL MEETING DATE: DECEMBER 17, 2024
TITLE: AWARD PROFESSIONAL SERVICES AGREEMENT - ENGINEERING DESIGN AND BID SUPPORT SERVICES FOR THE LOCAL STREET REHABILITATION PROJECT FY2025 (ST251).

PAGE: 3

Total: $408,990.00

Staff recommends that City Council award a Professional Services Agreement to HR Green Pacific, Inc. for $408,990 for Engineering Design and Bid Support Services for the Local Street Rehabilitation FY 2025 Project (ST251).

Attachments: Exhibit A – Project Location Map
Exhibit B – PSA – HR Green Pacific, Inc. (ST251)

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Project Name/No.: ST251 - Local Street Rehab FY25 Contract No.: ________________ Design Engineering Svcs

Project Manager: PW/ M. Hindersinn Approved: ________________ 01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
HR GREEN PACIFIC, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 17th day of December, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and HR Green Pacific, Inc., a California Corporation (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, 215
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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.

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 216
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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.”
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(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.
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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 219
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Eight Thousand Nine Hundred Ninety Dollars and Zero Cents ($408,990) (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. 220
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(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 221
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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. 222
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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 Michele Hindersinn, Senior 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 223
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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. 224
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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 226
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

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

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 228
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

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

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 229
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

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

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 230
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars 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 231
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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.

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

7.10 Attorneys’ Fees.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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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 233
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Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he i s directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 234
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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 further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

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

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

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

CONSULTANT:

HR GREEN PACIFIC, INC.:

By:

Name: Timothy Hartnett
Title: Vice President

By:

Name: Jason Poppen
Title: Secretary

Address: 1260 Corona Pointe Court, Suite 305
Corona, CA 92879
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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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.
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EXHIBIT “A-1”

PROJECT SCOPE OF WORK
Phase A – Project Management
Consultant shall arrange and conduct project kick -off meeting, inviting City staff and project stakeholders. Consultant shall prepare minutes of project kick -off meeting for distribution to all attendees. Consultant shall maintain a current action item list to share with the City team.

Consultant shall attend virtual coordination meetings with City personnel to obtain additional input and to review the progress of the work. Coordination with utility companies may require additional meetings. Consultant shall prepare, maintain, and update a master project schedule based on anticipated completion of the PS&E, integrating all reviews as may be required by City and other regulatory agencies.

Phase B – 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.

Phase C – 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 the utility letters with City Letterhead, submit to the City for review and approval, and provide final PDF versions of the letters for the City to send notices at various stages during the design phase 30% plans (1st notification), 60% plans (2nd notification), and 100% plans (3rd notification) with an estimated construction start date.

The Consultant shall maintain a record of utility notifications including contact numbers, dates of transmittals, response to relocate or perform maintenance activities, etc. 12 Notifications shall include affected Chino Residents, especially those who may be encroaching onto City right -of- way. Consultant shall prepare exhibits that the community and the general public will be able to understand, these will be used during presentations to tell the story of the proposed project. 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.

NOTE: Depending on findings during UTILITY RESEARCH, Consultant may be required to provide potholing for off -site pipeline designs and relocation. Assume 5 potholes per alignment, with a cost per each pothole including traffic control.

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Phase D – Field Survey
The Consultant (or subconsultant) shall perform a topographic survey and design survey to determine and establish Right of Way, including the intersection and twenty -five (25) feet beyond curb returns. This includes location of surface features within the survey area including but not limited to; fire hydrants, masonry walls, fences, retaining walls, 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, edge of pavement clearly defined etc. The basis of the vertical datum shall be the most recent City of Chino benchmark elevations and provide a calculation to convert to the City’s past vertical datums such as 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.

Phase E – Conceptual and Final Engineering Design

1. Conceptual Drawing
Consultant shall conduct a field walk to determine potential design and construction conflicts and to verify field topography data. Consultant shall provide a preliminary design concept of the proposed curb ramps & transitions along with alley entrances and sidewalk repairs for the project and obtain the City approval of the proposed design concept.

2. Final Design
Consultant shall provide final plans of curb ramps, sidewalk, landscape, curb & gutter, cross-gutter, pedestrian push button relocations, and transition details. Prepare the design details for all utility relocations (i.e. water, sewer, gas etc.) if needed.

Plans shall be 24” x 36” and will be 5 -scale for curb ramp modifications. Scaling can vary depending on the level of detailed work on the plans. The scaling shall be legible for a contractor(s) to use during construction. Deliver all project files and deliverables to City in digital formats including items such as plans, specifications, and cost estimates. Note that all project files and deliverables shall include all backing documentation and digital files (ie. CAD files, Word documents, Excel files, etc.) to the satisfaction of the City Engineer. Plans shall be submitted to the City at the 30%, 60%, 90% and 100% stages for review and comment. Anticipate 3 -week review periods from the City between each submittal stage.

The City currently uses the “Greenbook” Standard Specifications for Public Works Construction, 2021 edition. 13 For all curb ramps or other pedestrian facilities, applicant must adhere to the City Policy on Accessible Pedestrian Facilities 2022 Update. City of Chino design tolerances are located under P202.2.1 and the scoping and technical requirements for curb ramps and transitions are in P307. 239
01225.0001/863604.2 A1-3
When curb ramps are constructed or reconstructed, one curb ramp should be provided for each pedestrian street crossing. Curb ramps may be perpendicular, parallel, or a combination of parallel and perpendicular. Blended transitions or depressed corners can also be used to connect pedestrian access routes at each crosswalk.

Phase F – Engineer’s Quantity and Cost Estimate
Consultant shall provide Engineer’s Quantity and Cost Estimates to be submitted as part of the 60%, 90% and 100% stage submittals.

Phase G – Bidding, Construction Support, and As-Built Drawing:

Work performed under this section will be related to the construction bidding and construction phase of the project:

1. Schedule and conduct progress meetings as necessary to discuss contract issues, procedures, progress, problems, change orders, submittals, RFI’s, deficiencies and schedules. Prepare minutes of progress meetings and provide distribution to all attendees.

2. Provide permitting assistance, preparing and submitting all items required for submittal such as applications plans, specifications, cost estimates, technical studies and/or memorandums, letters, and supplemental material necessary for permits and/or plan approval of authorities and/or agencies having jurisdiction of proposed project improvements or project area.

3. Attend pre-construction meetings and present special and/or relevant concerns, if any.

4. Review material submittals as requested.

5. Coordinate with project consultants and provide responses or clarification of meaning on intent of project plans and specifications to requests for information (RFI’s) identified in the construction phase of the project. Consultant shall revise plan and specifications as 14 necessary to provide response.

6. Coordinate with project consultants and provide responses or clarification of meaning on intent of project plans and specifications to requests for information (RFI’s) identified in the construction phase of the project. Consultant shall revise plan and specifications as necessary to provide response.

7. Issue addenda to plans, specifications, cost estimates, and all other provided deliverables as necessary to address questions or clarifications.

8. Observe project construction as requested and report inconsistencies between construction activities and the provided plans and specifications to the City.

9. Prepare and submit as -built plans to City upon project construction completion. 240
01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

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 commensurate with the professional standard of care. 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 in the state of California.

5.2 General Insurance Requirements.
(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.

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 judgments, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened to the extent (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:
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(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 caused by 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;
(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 reimburse those legal costs and expenses reasonable attorney fees 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 subcontractors 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.

7.7 Liquidated Damages.

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.
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EXHIBIT “C-1”
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EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services in accordance with the following schedule:
*Finalized deadline dates will be contingent upon actualized project schedules, which shall be approved by the Project Managers. Consultant will coordinate with City and Project staff to ensure timely completion of services and adherence to approved task schedules.

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

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MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

SUBJECT
..titl e
Construction Credit and Reimbursement Agreement with Chino Development Corporation, a California Corporation, and Chino Preserve Development Corporation, a California Corporation for the Construction of the Southern California Edison (“SCE”) Easement Trail Improvements in The Preserve.
..end

RECOMMENDATION
Approve a Construction Credit and Reimbursement Agreement with Chino Development Corporation, a California corporation and Chino Preserve Development Corporation, a California corporation for an amount not to exceed $3,278,269.60 for the construction of the SCE Easement Trail Improvements i n The Preserve; and authorize the City Manager to execute all the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There is no direct fiscal impact. The developer will utilize development impact fee credit toward future building permits until the terms of the agreement are fulfilled.

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
 Public Service Excellence through Internal and External Partnerships

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.

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CITY COUNCIL MEETING DATE: DECEMBER 17, 2024
TITLE: CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT WITH CHINO

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, AND CHINO PRESERVE

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION FOR THE CONSTRUCTION OF THE SOUTHERN CALIFORNIA EDISON (“SCE”) EASEMENT TRAIL IMPROVEMENTS IN THE PRESERVE.

PAGE: 2

BACKGROUND
In 2004, the City of Chino (“City”) entered into a Development Agreement (“DA”) with three entities of the Lewis Management Corporation known as Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC (collecti vely referred to as “Lewis”). The DA was executed to help guide the orderly development of The Preserve, which was envisioned as a master -planned residential and commercial community.

Additionally, the DA set the terms and conditions of development on prop erty owned by Lewis and established the rights and obligations of the developer and the City during development.

The amended Preserve Development Agreement (DA), along with the conditions of approval for Tracts 16419, 16419 -1, 16420, 16420 -1, 16797, 17057 , 17571, 17572, and 19994, obligated Lewis to install landscaping and trails within the Southern California Edison (“SCE”) easement on Lewis’s properties as a condition for developing The Preserve as shown on Exhibit A.

The improvements were initially in stalled per the approved plans in 2016. However, during the City's final inspection, it was determined that additional trail improvements were necessary to comply with the Americans with Disabilities Act (“ADA”) accessibility standards for a public trail system. These revisions included an 8 -foot-wide decomposed granite trail section within an approximately 20-foot-wide compacted miscellaneous base section.

In November 2022, the City and the Developer reached an agreement on construction standards as part of a legal settlement addressing accessibility concerns. A copy of the settlement agreement is attached. The Developer subsequently completed the revised improvements in 2023, which were inspected and accepted by the City. Additionally, the Developer dedicated a public trail easement over the area, ensuring accessibility for public use.

The SCE Trail improve ments are included in the Miscellaneous Residential Amenities Development Impact Fee (“DIF”) program for The Preserve. The City’s Municipal Code, Chapter

3.45, titled Development Impact Fees, provides that if, as a condition of approval of a development pr oject, a developer constructs a public facility identified in the DIF Nexus and Calculation Report, for which a DIF is imposed, the Developer shall be eligible to receive reimbursement and/or fee credit toward the DIFs imposed on the development project fo r the same type of public facility so constructed and shall be entitled to credit for eligible costs of constructing the public facilities.

ISSUES/ANALYSIS
In July 2024, Lewis submitted documentation to the City to validate costs related to the SCE Trail improvements, necessitating a DIF Construction Credit / Reimbursement Agreement. The City reviewed the final accepted/approved "as -built" plans, specifications and supporting 247
CITY COUNCIL MEETING DATE: DECEMBER 17, 2024
TITLE: CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT WITH CHINO

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, AND CHINO PRESERVE

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION FOR THE CONSTRUCTION OF THE SOUTHERN CALIFORNIA EDISON (“SCE”) EASEMENT TRAIL IMPROVEMENTS IN THE PRESERVE.

PAGE: 3

documentation and determined that $3,278,269.60 is eligible for DIF credit and/ or reimbursement.

Upon the costs being validated by the City, staff reconciled the Miscellaneous Residential Amenities DIF credits issued to all Lewis developments through April 2024, totaling $8,433,065, which is summarized below. The credits issued were deducted from the validated costs above, bringing the DIF credit balance to $5,154,795.40.

Total DIF Credits Issued through April 2024 $8,433,065.00 Validated Costs SCE Trail $3,278,269.60
Miscellaneous Residential Amenities DIF Credit Balance $5,154,795.40

The DIF credit balance will be allocated toward future improvements by Lewis, including additional enhancements to the SCE Trail along Pine Avenue, located behind the multi -family apartments on the Van Vliet property. Upon completion of these improvements, the actual costs will be reconciled, and the verified expenditures will be deducted from the DIF c redit balance.

Consequently, the agreement for the SCE Trail will be amended to incorporate the additional trail segment and associated costs. The construction of this additional segment is contingent upon Lewis completing Pine Avenue - Stage 3.

In the interim, Lewis will continue accruing DIF credits for future building permits, as the planned perimeter trail and paseo improvements throughout The Preserve are projected to require significant funding, potentially amounting to millions of dollars. Lewis pre viously entered into Construction Credit Reimbursement Agreements for Miscellaneous Residential Improvement projects completed after 2019. Additionally, under the terms of the Preserve Development Agreement (DA), Lewis qualifies for credits in recognition of their contributions to the development of public facilities.

Staff will maintain oversight of the construction progress-to-credit ratio to ensure the developer's accumulation of DIF fee credits remains in balance with project advancements.

Therefore, staff recommends that the City Council approve a construction credit/reimbursement agreement with Lewis for an amount not to exceed $3,278,269.60 for the SCE Trail improvements in The Preserve.

The improvements, located within the SCE easement, are main tained by the Preserve Master Maintenance Corporation (“PMMC”) under a Maintenance Agreement between the City, PMMC, and the Lewis.

Attachments: Exhibit A – SCE Easement Trail Improvements Construction Credit/Reimbursement Agreement
Settlement Agreement

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CITY COUNCIL MEETING DATE: DECEMBER 17, 2024
TITLE: CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT WITH CHINO

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, AND CHINO PRESERVE

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION FOR THE CONSTRUCTION OF THE SOUTHERN CALIFORNIA EDISON (“SCE”) EASEMENT TRAIL IMPROVEMENTS IN THE PRESERVE.

PAGE: 4

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a designated trailhead as legally defined, the technical provisions in the proposed regulations are not legally applicable.
e) Under the Title 24 of the California Building Code, § 11 B-246.7, only partial use by wheelchair occupants is required.
f) Thus, where the primary use of the access pathways is for heavy equipment, but the trails are generally accessible to wheelchair users, sufficient accessibility is provided as constructed.
g) The Public Works Director has discretion to approve minor deviations, as constructed, especially where the required change would constitute an "undue burden". Chino Muni. Code §19.01 .120. (Anthony v. Snider (2004) 116 Cal.App.4th 643). An "undue burden" can be found in instances where existing large electrical boxes, traffic signals and related infrastructure are impractical to relocate, or where setbacks or other physical limitations impede exact compliance.

Section-3 - The Disputes
DD. As a result of these differing interpretation of the applicable standards and law, the City has: a) not finally accepted certain improvements constructed by the Master Developer or the Developer, b) declined to exonerate the various construction and improvement bonds and letters of credit ("Bonds") provided for Master Developer's or Developer's Parcels, c) declined to disburse funds due to the Master Developer or Developer pursuant to Development Impact Fee Reimbursement Agreements, EWTF Agreements, Traffic Signal Interconnect Agreements, Construction Credit and Reimbursement Agreements, CFO 2005-1 and other retention payments associated with the Master Developer's or Developer's Parcels ("Disbursements"); d) declined to reconvey various deeds of trust and/or other documents securing Master Developer's or Developer's performance ("Reconveyances") and e) declined to accept improvements on and the public trail easement for the SCE Easement Trails, which resulted in the Parties anticipating the need for litigation regarding improvements on Master Developer's, Developer's Parcels and the SCE Easement Trails (the "Disputes").

EE. The Parties have engaged in extensive meetings and negotiations concerning the Disputes and, as a result thereof, now desire to resolve all of the issues encompassed in the Disputes and enter into this Agreement, to Fl NALLY, FULLY, COMPREHENSIVELY AND CONCLUSIVELY resolve the Dispute as well as all underlying and related contentions and allegations by the Parties, by and through this Agreement.

FF. The Parties understand that this Agreement is subject to the approval of the City Council.

GG. After the Effective Date, Master Developer and Developer will proceed to follow the City's process for final acceptance of previously approved improvements as set forth herein, reduction and exoneration of bonds as applicable, and reimbursement as applicable regarding the Master Developer's Parcels and subject improvements as set forth in Exhibit D, and as further detailed in � 3(A)(iii), (iv) and (v).
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NOW, THEREFORE, in consideration of the above Recitals, covenants and agreements therein, the Parties agree as follows:

SETTLEMENT

1. DEFINITIONS.

A. As used herein, the term "Claims" means all claims, charges, liabilities, damages, obligations, costs, expenses (including without limitation attorneys' fees), rights and causes of action of any kind, legal or equitable, whether known or unknown, anticipated or unanticipated, past, present or future, contingent or fixed, existing, claimed to exist or which may hereafter exist under the United States Constitution, the California Constitution, applicable common law, contract, tort or other federal, state, local, or municipal law or regulation, relating in any way to the facts and circumstances that give rise to the Disputes, whether said facts and circumstances occurred prior to or after the occurrence of the Disputes.

B. As used herein, the term "Agreement Date" means the date upon which this Agreement is signed by the Parties.

C. As used herein, the term "Effective Date" means the business day after this Agreement is approved by City Council.

D. As used herein, the term "SCE Easement Trails" means all related land and improvements constructed on Tract Map Nos. 16419 (Lots 4, 8, AF, Al and AL), 17057 (Lots F and J), 17058 (Lots 8 and D), 17572 (Lots Band D) and 20120 (Lot E), and related lots and letter maps.

2. REPRESENTATIONS AND WARRANTIES.

A. Each party hereby represents and warrants that:
(i) It has the power and authority to enter this Agreement. (ii) None of the Claims released hereunder have been in the past or will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

3. TERMS OF SETTLEMENT.

A. City Obligations.
(i) Nothing in this Agreement is intended to or shall have the lawful effect of contracting away the City's zoning authority or any other aspect of the City's police power or any discretionary approval that rests solely with the City Council; provided, however, the City agrees it will not use its authority, power or any discretionary approval in a manner that it is inconsistent with the provisions of this Agreement. City Staff and counsel for the City have previously reviewed the terms and conditions of this Agreement and have advised the City Council as to the sum and substance of its terms, to the satisfaction of the Council. prior to any duly noticed public hearings. City Staff and 8 259
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vii. City Council's acceptance of the improvements described above except parcels previously transferred to a homeowner's association or other private entity-shall include complete defense, indemnification and hold harmless Master Developer and/or Developer, as may be applicable based on that party's involvement in the project, in connection with any legal challenge brought by a third party, government entity or other person or entity relating to such improvements or this Agreement, with the City's legal counsel of choice.
viii. As to these Parcels, Master Developer or Developer shall maintain security as required by Government § 66499.3 for a period of twelve (12) months. Within ten (10) business days after expiration of the warranty bond period, upon presentation of a bond release form by Developer substantially in compliance with Exhibit G hereto, City shall execute such bond release to permit exoneration thereof. b) Settlement as to Category B Parcels include the following Parcels and terms:
i. All parcels for which the plans and specifications for development or encroachment permits were approved by the City from and after January 1, 2017 through December 31, 2018 (Enumerated in Exhibit D-2).
ii. ii. The Parties agree that such parcels and related improvements will be deemed accepted by Staff, as-is, who shall recommend acceptance of such improvements to the City Council, subject to the Master Developer's or Developer's payment of Agreed Remediation Costs as set forth in Exhibit H.
iii. The Parties agree that Category B parcels and related improvements will be deemed accepted and final approvals issued promptly [within twenty (20) days, except during the December holidays], following the Master Developer or Developer's submission of a completed Checklist for Acceptance of Public Improvements/Security Release (Exhibit E) and a complete set of all documents required therein. All remaining Bonds related to such parcels shall be promptly [within five business (5) days, except during the December holidays], exonerated, with warranty bonds posted as required by law. Disbursements shall be promptly made, and Reconveyances promptly recorded following the City's regular administrative process. The twenty (20)-day time limit shall not apply to the City's review and approval of as-built drawings, which deadline shall instead be one (1) year from the date of submittal after which time such drawings shall be deemed accepted. The Parties agree to work in good faith to promptly identify and make necessary changes to the as-built drawings. 10 261
iv. The Agreed Remediation Costs shall be deposited with the City by Master Developer or Developer within ten (10) business days after the City accepts and approves the parcels and related
improvements as set forth in (b)(ii), at which time all remaining Bonds or other security provided for such parcels shall be promptly exonerated as provided for herein. Disbursements shall be promptly made, and Reconveyances promptly recorded following the City's regular administrative process.
v. For such parcels, Master Developer or Developer shall maintain security as required by Government § 66499.3 for a period of twelve (12) months. Within ten (10) business days after expiration of the warranty bond period, upon presentation of a bond release form by Developer substantially in compliance with Exhibit G hereto, City shall execute such bond release to permit exoneration thereof.
vi. City Council's acceptance of the improvements described above shall include a complete defense, indemnification and hold harmless of Master Developer and Developer in connection with any legal challenge brought by a third party, government entity or other person or entity relating to such improvements or this Agreement, with the City's legal counsel of choice.
vii. All other agreements between the parties relating to these Parcels and any security therefore are specifically superseded by this Agreement.
c) Settlement as to Category C Parcels include the following parcels and terms:
i. All parcels on which the plans and specifications for development or encroachment permits were approved by the City after January 1, 2019, or plans submitted for approval by Developer to City before the Effective Date of this Agreement (Enumerated in Exhibit D-3). ii. The Parties agree that as to Category C Parcels approved by the City from and after January 1, 2019, and thereafter for those projects submitted to the City as of the Agreement Date, (Category C parcels) the City Staff shall approve such improvements and include them in this Agreement subject to the Master Developer's or Developer's compliance with the City's ADA Policy on Pedestrian Facilities (dated December 3, 2019).
iii. In the event a dispute arises as to the meaning or interpretation of any provision in the above-referenced policy in (c)(ii), the Parties shall meet and confer in good faith toward resolution for thirty (30) days, after which time either parry may refer the matter to counsel for resolution. Failing resolution among counsel within thirty (30) 11 262
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iv. Project Name: SCE Easement Trails - the 8' access trails shall be installed with decomposed granite in the areas set forth on Exhibit F.

C. General Obligations of All Parties.
(i) The Parties will use their best efforts and cooperate as necessary in performing and implementing this Agreement in good faith. (ii) As to the warranty bonds required by Government Code section 66499.3 for the Category A, B and C parcels, the parties have agreed that no claims shall be made under such bonds, as all potential claims have been waived in this Agreement. If a claim of defective construction or other fact allegedly giving rise to a claim under the Warranty Bond: a) the City shall investigate such allegations and reject such claim if appropriate; b) if the City considers the allegations to have merit, the parties will meet and confer and submit the allegations to mediation, consistent with Paragraph 3(A)(ii)(c)(ix) above, before tending such claim to the surety.

4. GENERAL RELEASE.

A. General Release and Discharge of Claims by Developer. Upon the Effective Date of this Agreement, Master Developer and Developer, for themselves and all of their predecessors, successors, assigns, representatives, attorneys, employees, officers, agents and affiliates 1, do hereby fully and forever release and discharge the City, and all of its predecessors, successors, assigns, representatives, attorneys, agents, elective and appointive council members, council boards, commissions, commissioners, officers, employees, of and from any and all Disputes, Claims, demands, rights, damages, costs, litigation expenses, attorneys fees, expert fees, consultant fees, other fees, interest, lost profits and earnings, diminution in the value of the business, loss of past, current, future and subsequent business and patronage, the value of the leasehold interest, the loss of goodwill, any inverse condemnation claims, any claims for the taking of property, and any other damages, costs or expenses arising from any and all Disputes relating to Master Developer's or Developer's parcels and the SCE Easement Trails that Master Developer or Developer may have or may hereafter accrue, including without limitation, any and all known and unknown, foreseen and unforeseen claim, damage and injury, relating to, or in any way, directly or indirectly, involving or arising out of any facts or circumstances related to the Disputes.

B. General Release and Discharge of Claims by City. Upon the Effective Date of this Agreement, City, for itself and all of its predecessors, successors, assigns, representatives, attorneys, employees, officers, agents, affiliates, elective and appointive council members, council boards, commissions, and commissioners, does hereby fully and forever release and discharge the Master Developer and Developer, and all of its predecessors, successors, assigns, representatives, attorneys, agents, affiliates, officers, directors and employees, of and from any and all Disputes, claims, demands, rights, damages, costs, litigation expenses, attorneys fees, expert fees, consultant 1 Affiliates" shall mean and include, without limitation, any and all officers, directors, shareholders, members, partners, trustees, parent companies, sister companies, affiliates, subsidiaries, employers, designees, attorneys, accountants, predecessors, successors, insurers, representatives, agents, designees, authorized parties and entities and related entities and individuals of a Party under this Agreement. 13 264
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APPROVED AS TO FORM:

K. FINNERTY LAW INC.

ATTORNEYS FOR DEVELOPER
Kathleerr^Flnnarty
Dated: November 15, 2022
CITY OF jS^INO, CITY COU^JCIL
By: llUUiL' in I. Alitunice M. Ulloa, Mayor
Dated: December 2022 ijz
ATTEST:

By:

Natalie Gonzaga, City Clerk
Dated: December .2022
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

COUNSEL FOR CITY OF CHINO

SIGNED IN COUNTERPART
By:

Fred Gallante, City Attorney
Dated: December , 2022
18 269
DocuSign Envelope ID; 2ADE49BA-F986-4B03-AD79-500689EE6563 APPROVED AS TO FORM:

K. FINNERTY LAW INC.

ATTORNEYS FOR DEVELOPER
Kathleerr^^innarty
Dated: November 15, 2022
CITY OF ©HINO, CITY COU^ICIL
By: IPMj^nlce wl. Ulloa, Mayor
Dated; December 2022
ATTEST;
By:

Natalie Gonzaga. City Clerk
Dated: December 2022
APPROVED AS TO FORM:

ALESHIRE&WYNDER. LLP

COUNSEL FOR CITY OF CHINO
DocuSlgned by:
"V' ' ■ ?DOrOCilC»B9WpS.?. ■ •'
Fred Gallante, City Attorney
Dated; December , 2022 1/24/2023
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Contract No.:

Approved:

11-3-23

CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT

PRESERVE DEVELOPMENT IMPACT FEE PROGRAM

MISCELLANEOUS RESIDENTIAL AMENITIES
[SCE CORRIDOR TRAIL - PROJECT PA-003]

This CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this 17th day of December, 2024 (“Effective Date”), by and between CITY OF CHINO, a California municipal corporation (“City”), and CHINO DEVELOPMENT CORPORATION, a California Corporation and CHINO PRESERVE DEVELOPMENT CORPORATION, a California Corporation (collectively, “Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and jointly as “Parties”.

RECITALS
A. Developer is the master developer of The Preserve community within the City of Chino, County of San Bernardino (“County”), California, which includes the development of those certain tracts 16419, 17057, 17058, 17571, 17572, and 20102 (such tracts being collectively referred to herein as the “Project”).

B. Developer previously owned that certain real property located within the Project consisting of approximately 25.4 acres referred to as A PNs 1055-371-05, 1055-371-74, 1055-411-04, 1055-411-06, 1055-411-08, 1055-441-19, 1055-441-20, 1055-381-09, 1057 -051-04, 1057-091-15, 1057-091-18, and 1057-091-24, which real property is legally described on Exhibit A attached hereto and depicted on Exhibit A-1 attached hereto (“Property”) and is commonly known as land within the Southern California Edison (“SCE”) easement.

C. Developer has requested from City certain entitlements and/or permits for the Project, and City has granted the entitlements and/or permits subject to certain conditions of approval provided on Exhibit B which required and will require that certain Public Improvement (defined in Recital F below) to be constructed in excess of those applicable to the Project (“Conditions of Approval”).

D. The Conditions of Approval also require Developer to pay Development Impact Fees (“DIFs”), as established in Chapter 3.45 of the Chino Municipal Code (“DIF Ordinance”). The DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City’s general plan, various facility master plans, capital improvement plans, and the nexus reports described in the DIF Ordinance (“Nexus Reports”).

E. Pursuant to the DIF Ordinance and the Conditions of Approval, Developer owes Miscellaneous Residential Amenities DIFs for the Project.

F. Developer has, prior to the Effective Date, improved the Property with public improvements consisting of landscaping (“Landscaping”) and an approximately twenty-foot (20’) wide compacted crushed miscellaneous base trail (“ CMB Trail ”) with an eight-foot (8’) wide decomposed granite pedestrian trail (“ Ped Trail ”) within the twenty foot wide ( 20’) CMB Trail area . City is now requiring in connection with the development of Tract 17571, additional landscaping and trail 283

2 improvements within that portion of the SCE easement within Tract 17571, as more particularly described on Exhibit C attached hereto (collectively, “Tract 17571 Public Trail Improvements”). The Landscaping, the CMB Trail, Ped Trail and the Tract 17571 Public Trail Improvements are hereafter collectively referred to as the (“Public Improvements”). Such Public Improvements are in excess of those specifically required by the Conditions of Approval for the Project and the Development Agreement between Developer and the City dated July 1, 2004, as amended.

G. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a development impact fee is imposed, Developer shall be eligible to receive a fee credit toward the DIFs imposed on the Project for the same type of public facility so constructed, and shall be entitled to reimbursement for eligible costs of constructing the public facility, provided that developer complies with the requirements of the DI F Ordinance as it may be amended from time to time . The DIF Ordinance specifically requires that the developer and City enter into a credit and reimbursement agreement.

H. City and Developer desire to enter into this Agreement for the following purposes: ( i) to memorialize the fact that City has inspected and confirmed that the Landscaping, CMB Trail and Ped Trail have been completed in comp liance with plans and specifications previously approved by City therefore and applicable laws and ordinances, (ii) to memorialize the fact that Developer is entitled to a credit against DIFs and/or reimbursement (“Credit/Reimbursement”) for the design and construction of the Landscaping, CMB Trail and Ped Trail in the amount of the Landscaping, CMB Trail and Ped Trail Cost (defined in Section 2 below), (iii) to provide for the timely construction and completion of the Tract 17571 Public Trail Improvements, (iv) to ensure that construction of the Tract 17571 Public Trail Improvements is undertaken in accordance with the Plans and Specifications (defined in Section 3.1 below), and the laws and ordinances pertaining to the construction of the Tract 17571 Public Trail Improvements (v) to satisfy the requirement of the DIF Ordinance that Developer and City enter into a credit and reimbursement agreement, (vi) to provide the methodology for establishing the Credit/Reimbursement to which Developer shall be entitled for its design and construction of the Tract 17571 Public Trail Improvements; and (vii) to provide the requirements for Developer’s transfer or application of all or any portion of the Credit/Reimbursement to third party.

NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:

AGREEMENT:

1. Incorporation of Recitals . The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2. Landscaping, CMB Trail and Ped Trail. The City Engineer has determined that the total costs of the Landscaping, CMB Trail and Ped Trail portion of the Public Improvements that are eligible for credit and reimbursement pursuant to the DIF Ordinance is Three Million Two Hundred Seventy-Eight Thousand Two Hundred Sixty-Nine and 60/100 Dollars ($3,278,269.60) (“Landscaping, CMB Trail and Ped Trail Cost”). Please see the Landscape Plans for The Preserve SCE Corridor AA-46 approved 6/23/2015, as amended, covering Tract 16419 Lots 4 & 8, Tract 16419-1 Lot 14, Tract 17571 Lot 12, Tr act 17572 Lot D and Tr act 17057 Lot J for a summary of the Landscaping, CMB Trail and Ped Trail public improvements included in this total.

3. Estimated Costs of Tract 17571 Public Trail Improvements . City and Developer currently estimate that the cost of the Tract 17571 Public Trail Improvements shall be One Million Four Hundred Eighty-Six Thousand Four Hundred Seventy and 00/00 Dollars ($1,486,470.00). 284

3 3.1 Pre-approval of Plans and Specifications . Developer is prohibited from commencing work on any portion of the Tract 17571 Public Trail Improvements until all plans and specifications for the 17571 Public Trail Improvements have been submitted to and approved in writing by City (as applicable, “Plans and Specifications ”). Approval by City shall not relieve Developer from ensuring that the 17571 Public Trail Improvements conform to all applicable laws, ordinances and regulation under California and federal law.

3.2 Permits and Notices. Prior to commencing any work on the Tract 17571 Public Trail Improvements , Developer (through its contractors) shall, at its sole cost and expense, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the 17571 Public Trail Improvements and performance of Developer ’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in this Agreement, any applicable law, and any permit or license issued to Developer.

3.3 Public Works Requirements. Developer shall ensure that the bidding, awarding, and construction of the 17571 Public Trail Improvements (which will occur separately and at separate times) are undertaken as if such 17571 Public Trail Improvements were constructed as a public works project under the direction and authority of City , pursuant to all provisions of law applicable to governmental entities. Developer shall also comply with the requirements of City’s Bidding and Contract Requirements for Public Improvements Policy, as adopted by City Council, hereby incorporated by reference and made a part of hereof (as may be amended from time to time). (a) Prior to soliciting or awarding the bid for any portion of the 17571 Public Trail Improvements, Developer shall submit the bid packet, and a set of construction drawings signed by Developer or another authorized representative designated by Develope r for the work being bid to City Engineer or his or her designee for review and approval, which approval shall be granted or denied within fifteen (15) calendar days after submission of such bid packet. If City Engineer denies approval of such bid packet and construction drawings, City Engineer shall specify the reasons for such disapproval and Developer shall resubmit a revised bid packet for review and approval until such approval is obtained. (b) Developer shall obtain bids for the construction of the 17571 Public Trail Improvements in a manner which has been approved by City Engineer. Developer shall provide City Engineer with copies of all bids received from California licensed contractors and a bid summary in a form approved by City Engineer to assure that the contractor/subcontractors adhere to the applicable legal requirements for public works projects. The contract or contracts for the construction of the 17571 Public Trail Improvements shall be separate and shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the 17571 Public Trail Improvements . Developer shall enter into a construction contract or contracts for the work to be performed on the 17571 Public Trail Improvements (after competitive bidding as set forth above), (each, a “ Construction Contract”) for the performance of the work set forth in the selected bid, and the terms of each Construction Contract entered into by Developer and each contractor/subcontractor shall be reasonably acceptable to City Engineer.

Developer shall submit to City a copy of each executed Construction Contract for the 17571 Public Trail Improvements within fifteen (15) days after execution thereof. (c) Developer’s general contractor for the construction of the 17571 Public Trail Improvements (“General Contractor”) shall pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and otherwise comply with applicable provisions of the Labor Code, the Government Code, the Civil Code, and the Public Contract Code relating to public works projects of cities and as required by the procedures and standards of City with respect to the construction of its public works projects or as otherwise directed by City Engineer. 285

4 (d) All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the 17571 Public Trail Improvements, which they will construct in conformance with Section 4 of this Agreement.

3.4 Schedule of Performance. Unless extended by a written extension executed b y the Parties, Developer shall construct or have constructed, at its own cost and expense, in accordance with the Plans and Specifications, the provisions of this Agreement and the Consent dated July 28, 2015, previously executed by SCE and the Parties the Tract 17571 Public Trail Improvements within one (1) year after the completion of the Pine Avenue Stage 3 improvements, the issuance of a construction permit for the Tract 17571 Pu blic Trail Improvements and SCE’s approval of the of the Tract 17571 Public Trail Improvements. Developer shall provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the Tract 17571 Public Trail Improvements.

3.5 Standard of Performance. Developer and its contractors shall perform all work required to construct the Tract 17571 Public Trail Improvements in a skillful and workmanlike manner and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualification s and approvals shall be maintained throughout the term of this Agreement.

3.6 Alterations. All work shall be done and the Tract 17571 Public Trail Improvements shall be completed as shown on the applicable Plans and Specifications, and any subsequent alterations thereto shall be mutually agreed upon by City and Developer. If Developer desires to make any alterations to the Plans and Specifications, it shall provide written notice to City of such proposed alterations. City shall have ten (10) business days after receipt of such written notice to administratively approve or disapprove such alterations, which approval shall not be unreasonably withheld, conditioned or delayed. If City fails to provide written notice to Developer of its approval or disapproval of the alterations within such ten (10) business day period, City will be deemed to have disapproved such alterations to the Plans and Specifications.

3.7 Force Majeure. Developer agrees that the time within which it shall be required to perform any act under this Agreement shall not be extended except as follows: (i) Developer is delayed by City (including, without limitation, restrictions on priority, initiative or re ferendum, or moratoria), in which case Developer shall provide written notice to City specifically describing the nature and extent of the delay caused by City and Developer’s detailed efforts to avoid such delay, which references this section and deliver such notice within thirty (30) days of discovering such delay, and Developer’s obligations shall be extended for such time as City deems reasonable as a result of the delay if and only if Developer provides such written notice to City within such time; or (ii) Developer is delayed due to circumstances beyond the control and without the fault of Developer, including but not limited to adverse weather conditions, flood, earthquakes, strikes, lockouts, riots, epidemics, pandemics quarantine restrictions, and other public health emergencies, freight embargoes, chain of supply interruption, construction-industry-wide inability to procure labor or materials in the region in which the property is located, construction -industry-wide inability to procure equipment or supplies on the open market in the region in which the property is located, unusual delays resulting from transportation, laws, rules, regulations or orders of a public agency or other public agency action or inaction (including City), acts or failures to act of a public agency (including City), changes to the scope of work required by City, and similar causes. An extension of time for any such cause shall be for the period of the enforced delay equal to the number of days during which Developer’s performance was delayed and shall commence to run from the time of the commencement of the cause, if 286

5 written notice by Developer claiming such extension is sent to City within thirty (30) days of knowledge of the commencement of the cause.

4. Security; Surety Bonds . Prior to the commencement of any work on the Tract 17571 Public Trail Improvements, Developer or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below or, at City’s request, in lieu of surety bonds, a letter of credit or letters of credit issued by a banking institution with a rating to be approved by City and in the form and upon terms approved by City (“Security”). The amount of the Security shall be based on the e stimated costs (“Estimated Costs”) to construct the Tract 17571 Public Trail Improvements as determined by City after Developer has awarded a contract for construction of the Tract 17571 Public Trail Improvements to the lowest responsive and responsible bidder in accordance with this Agreement. If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requeste d by City. Providing the Security shall not release Developer of its indemnification obligation in Section 4.

4.1 Performance Bond. To guarantee the construction of the Tract 17571 Public Trail Improvements and faithful performance of all the provisions of this Agreement, to protect City if Developer is in D efault as defined in Section 15 , and to secure the Warranty of the Tract 17571 Public Trail Improvements pursuant to Section 11, prior to commencement of work on such Tract 17571 Public Trail Improvements, Developer or its contractor shall provide City a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs of such Tract 17571 Public Trail Improvements. City may, in its reasonable discretion, partially release a portion or portions of the security provided under this section as portions of the applicable Public Improvements are approved by City, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than twenty percent (20%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, provided that Developer is not in default of this Agreement.

4.2 Labor & Material Bond . To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the Tract 17571 Public Trail Improvements and this Agreement, prior to commencement or work as to such Tract 17571 Public Trail Improvements, Developer or its contractor shall provide City a labor and materials bond in an amount which shall not be less than fifty percent (50%) of the Estimated Costs of such Tract 17571 Public Trail Improvements. The security provided under this section shall be released by City six (6) months after the date City approves the Tract 17571 Public Trail Improvements, provided there are no outstanding stop payment notices.

4.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least “A” and FSC -VIII, shall be licensed to do business in California. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer and its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys’ fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Tract 17571 Public Trail Improvements or the applicable Plans and Specifications shall in any way affect its obligation on the Security.

5. Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful d eath, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to the negligence or willful misconduct of Developer in connection with the Tract 17571 Public Trail Improvements and performance of this Agreement (“ Claims”). This indemnification includes, 287

6 without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim to the extent caused by the negligence or willful misconduct of City, as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemni fy shall survive the expiration or termination of this Agreement but only with respect to any Claims that occur prior to City’s approval of the Tract 17571 Public Trail Improvements and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents. Developer shall have no obligation to defend, indemnify or hold harmless the City, its elected officials, employees or agents with respect to Claims (i) which occur after the City’s approval of the Tract 17571 Public Trail Improvements and (ii) with respect to the remainder of the Public Improvements, which occurred after the City’s approval of such Public Improvements.

6. Insurance.

6.1 Types; Amounts . Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

6.1.1 General Liability . Occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage.

6.1.2 Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollar s ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

6.1.3 Workers’ Compensation. Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retain s employees.

6.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Tract 17571 Public Trail Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Tract 17571 Public Trail Improvements. Such insurance shall be endorsed to include contractual liability.

6.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a fin ancial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

6.3 Additional Insured; Separation of Insureds . The Required Insurance, except for the professional liability and workers’ compensation insurance, shall name City as an additional insured with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard 288

7 separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, or agents.

6.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self -insurance programs covering City, its elected officials, officers, employees, or agents. The policy required for workers’ compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.

6.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

6.6 Term; Cancellation Notice . Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall, to the extent available from commercially reasonable insurance providers, be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days’ prior written notice to City.

6.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least “A-” and FSC-VIII.

7. Maintenance. City acknowledges and agrees that fee title to the various segments of the Property on which the SCE easement is located and on which the Tract 17571 Public Trail Improvements are constructed have been conveyed by Developer to the Preserve Master Maintenance Corporation, a California nonprofit public benefit corporation (“PMMC”). Developer retains rights to construct the Tract 17571 Public Trail Improvements and after completion of 17571 Public Trail Improvements, City shall approve the Tract 17571 Public Trail Improvements. PMMC has been maintaining and shall continue to maintain the Landscaping, CMB Trail and Ped Trail pursuant to that certain City Preserve Maintenance Agreement dated July 17, 2018 between City and PMMC and, at all times subsequent , it shall be the obligation of PMMC to continue to maintain and care for the Tract 17571 Public Trail Improvements as well. Developer shall have no obligation to make the any portion of the Tract 17571 Public Trail Improvements available for public use and City shall exercise no control over nor be authorized to use the Public Improvements until the 17571 Public Trail Improvements have been completed and approved by the City. Any use by any person of the Tract 17571 Public Trail Improvements, or any portion thereof, shall be at the sole and exclusive risk of City at all times subsequent to the recordation of the applicable segment of the Trail Easement in the County Records . Developer shall maintain the Tract 17571 Public Trail Improvements in a state of good repair until completed by Developer and approved by the City. It shall be Developer’s responsibility to initiate all maintenance work in connection with the Tract 17571 Public Trail Improvements prior to the approval by the City, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may, upon written notice and Developer’s failure to remedy as provided in Section 15, do all work necessary for such maintenance , and, as between the City and Developer, the cost thereof shall be the responsibility of Developer. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Tract 17571 Public Trail Improvements or its condition prior to approval by City, except to the extent such damage or injury is caused by the negligence or willful misconduct of City, its elected officials, employees, and/or agents. 289

8 8. City Inspection. Developer shall, at its sole cost and expense, and at all times during construction of the Tract 17571 Public Trail Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the areas where construction has occurred, is occurring or will occur. Developer shall give notice to City when the construction of all or a portion of the Tract 17571 Public Trail Improvements is complete. Upon receiving such notice, City may inspect the Tract 17571 Public Trail Improvements and request any modifications or corrections as may be deemed reasonably necessary by City Engineer, in his or her sole discretion, to bring each into conformity with the applicable Plans and Specifications, including any approved revisions thereto. Developer or Developer’s contractors shall make all such modifications and corrections requested by City Engineer.

9. Liens. Developer shall not permit any liens to be filed against the Tract 17571 Public Trail Improvements and indemnifies City with respect to any such liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to such Tract 17571 Public Trail Improvements, Developer shall provide to City such evidence or proof as City shall reasonably require that all persons, firms, and corporations supplying work, labor, materials, supplies, and equipment to the construction of the Tract 17571 Public Trail Improvements has been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm, or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to City a title insurance policy or other security acceptable to City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.

10. Approval; As-Built or Record Drawings. If the Tract 17571 Public Trail Improvements are completed by Developer in accordance with the applicable Plans and Specifications, as determined by City Engineer, City shall approve of the Tract 17571 Public Trail Improvements. City may, in its reasonable discretion, approve of fully completed portions of the Tract 17571 Public Trail Improvements prior to such time as they are complete, which shall not release or modify Developer’s obligation to complete the remainder thereof. Upon the total or partial approval of the Tract 17571 Public Trail Improvements by City, Developer shall file in Official Records a notice of completion for the a pproved Tract 17571 Public Trail Improvements in accordance with California Civil Code Section 9204 (“Notice of Completion ”).

Notwithstanding the foregoing, City may not approve the Tract 17571 Public Trail Improvements (or the applicable portion thereof) unless and until Developer provides two (2) sets of “as-built” or record drawings or plans to City for all of the Tract 17571 Public Trail Improvements (or the applicable portion thereof).

The drawings shall be certified and shall reflect the condition of the Tract 17571 Public Trail Improvements as constructed, with all changes incorporated therein.

11. Warranty and Guaranty . Dev eloper warrants and guarantees the Tract 17571 Public Trail Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance thereof which shall be conducted by PMMC , for a period of one (1) year following completion of the work and recordation of the applicable segment of the Trail Easement in the Official Records (“Warranty”). During the applicable period of the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise materially unsatisfactory portion of the Tract 17571 Public Trail Improvements in accordance with the Plans and Specifications. All repairs, replacements, or reconstruction during the Warranty period shall be at the sole cost and expense of Developer or PMMC, as applicable, and shall not be eligible for credits or reimbursements . As to any portion of the Tract 17571 Public Trail Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer hereby agree s to provide a warranty for a one (1) year period following City a pproval of the repaired, replaced, or reco nstructed portion of the Tract 17571 Public Trail Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any portion of the Tract 17571 Public Trail Improvements following expiration of the applicable Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement. 290

9 12. DIF Credit and Reimbursement.

12.1 Landscaping, CMB Trail and Ped Trail Cost. In consideration of the design and construction of the Landscaping , CMB Trail and Ped Trail and Developer’s expenditure of the Landscaping, CMB Trail and Ped trail Cost, as of the Effective Date , Developer shall be entitled to a Credit/Reimbursement as to Miscellaneous Residential Amenities DIFs payable in connection with the development of the Property in the amount of the Landscaping and CMB Trail Cost ( i.e., Three Million Two Hundred Seventy -Eight Thousand Two Hundred Sixty -Nine and 60/100 Dollars ($3,278,269.60).

12.2 Tract 17571 Public Trail Improvements Costs. Upon or prior to completion of the Tract 17571 Public Trail Improvements by Developer, Developer shall submit to City Engineer such information as City Engineer may require to calculate the additional actual costs incurred by Developer to construct the Tract 17571 Public Trail Improvements (“Tract 17571 Public Trail Improvements Cost”).

Upon City approval of completed Tract 17571 Public Trail Improvements , in addition to the Landscaping, CMB Trail and Ped Trail Cost, Developer shall be entitled to a Credit/Reimbursement in the additional amount of the Tract 17571 Public Trail Improvements Cost, which with the Landscaping, CMB Trail and Ped Trail Cost shall be referred to herein as the “Total DIF Cost.”

12.3 Credit/Reimbursement Limits. The Credit/Reimbursement amount owed to Developer for construction of the Tract 17571 Public Trail Improvements shall be equal to the actual costs incurred by Developer in connection therewith, subject to the following limitations:

12.3.1 11.2.1 Reasonable Soft Costs . City Engineer shall, in his or her sole reasonable discretion, determine the amount of reasonable soft costs eligible for credit and reimbursement under the DIF Ordinance. Such amounts may include professional engineering and design services, construction management, soils testing, permits, plan check fees, and ins pections, but shall not include interest or attorneys’ fees. For soft costs to be reimbursable to Developer for the Tract 17571 Public Trail Improvements pursuant to this Agreement, City must be able to verify that such soft costs are specifically attributable to the specified Tract 17571 Public Trail Improvements for which reimbursement is being made, by reference to separate subcontract(s) or by another means approved by City in writing. The total amount of the soft costs shall not exceed fifteen percent (15 %) of the Credit/Reimbursement Amount applicable to the Tract 17571 Public Trail Improvements. City Engineer may, in his or her reasonable discretion, reduce or disallow credit and/or reimbursement for any costs he or she finds excessive or unreasonable.

12.3.2 Nexus Report Costs Estimates . The Credit/Re imbursement a mount applicable to the Tract 17571 Public Trail Improvements shall not exceed the cost estimates for each if included in the Nexus Reports, unless approved by City council.

11.2.2 DIF Categories . Developer acknowledges that DIF s are imposed in various separate categories to fund specific public facilities. Credit against DIF s may only be applied for eligible improvements identified in the specific DIF category.

12.4 Conditions Precedent to Final Credit or Reimbursement . City’s obligation to provide Credit/Reimbursement for the Tract 17571 Public Trail Improvements pursuant to this Agreement is conditioned upon the prior satisfaction by Developer or written waiver by City Manager of each of the following Conditions Precedent as to each of the Tract 17571 Public Trail Improvements within the times designated below.

12.4.1 Completion of Construction . Developer shall have completed the construction of the Tract 17571 Public Trail Improvements acceptable to City and thirty (30) days have 291

10 elapsed since notices of completion have been recorded in relation to the Tract 17571 Public Trail Improvement, in accordance with California Civil Code Sections 9204 and/or 8182 (as applicable) . The purpose of this provision is to ensure that the respective Public Improvement s will be independently functional and to maintain consistency with vesting rights, and nothing herein shall be deemed to make any part of the Project a public work other than the Public Improvements.

12.4.2 Submission of Documents. Developer shall have made full and complete payment of all undisputed claims for work performed on the Tract 17571 Public Trail Improvements, or in the event of a dispute between Developer and the General Contractor or a subcontractor, Developer shall have obtained a commercially reasonable bond reasonably satisfactory to City to release any applicable mechanics’ lien or stop notice, and Developer shall have submitted and City shall have approved a written request for the credit/reimbursement, including copies of all bills and/or invoices evidencing the costs of constructing the Tract 17571 Public Trail Improvements actually incurred by Developer and any other documents reasonably required by City.

12.4.3 As-Built Drawings . Pursuant to Section 10, Developer shall have submitted two (2) sets of final as -built drawings for the Tract 17571 Public Trail Improvements to City Engineer.

12.4.4 No Default. Developer shall not be in d efault in any of its obligations under the terms of this Agreement , and all representations and warranties of Developer contained herein shall be true and correct in all material respects.

12.4.5 Compliance with DIF Ordinance and Conditions of Approval.

Developer shall be in compliance with all requirements of the DIF Ordinance and the Conditions of Approval relating to the applicable Public Improvements.

13. DIF Addendum.

13.1 DIF Addendum. So long as Developer is entitled to a credit and/or reimbursement of the Total DIF Cost or any portion thereof , the Parties shall execute a Credit/Reimbursement Addendum in the form attached as Exhibit D (“DIF Addendum”).

13.2 Reimbursement. If Developer is entitled to a reimbursement, City shall reimburse the balance to Developer in accordance with the provisions of the DIF Ordinance.

13.3 Assignment of Credit/Reimbursement Amount. Developer shall have the right to assign all or port ions of the credit and/or reimbursement amount to which it is entitled in accordance with the requirements specified in the DIF Addendum , which assignment will require City’s written acknowledgement. Developer understands that strict compliance with the assignment restrictions is critical to allow City to track the Total DIF Cost credit and r eimbursement amount and Developer’s failure to comply with the assignment requirements in the DIF Addendum may result in delays in the processing of credit/reimbursement assignments by the City.

14. Assignment. Prior to completion of the Public Improvement, Developer may assign this Agreement to a third party (“ Assignment”), subject to the approval of City’s Director of Development Services (“ Director”) in his/her reasonable discretion. If Developer desires to assign this Agreement, Developer shall provide detailed information as to the proposed assignee (“Assignee”) as requested by City including but not limited, evidence of Assignee’s right to acquire the Property, its background and financial information evidencing the ability of Assignee to complete the Public Improvement. Any assignment of this Agreement shall not release Assignor.

292

11 15. Default; Notice; Remedies.

15.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation or code (“Default”), City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer to immediately remedy the default or violation ( “Notice of Default ”). Developer shall substantially commence the work required to remedy the default or violation within ten (10) business days of Developer’s receipt of the Notice of Default. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice of Default verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City’s issuance of the Notice of Default, Developer shall be liable to City for all costs of construction and installation of the Public Improvement and all other administrative costs or expenses, as provided for in this Section 15 of this Agreement.

15.2 Failure to Remedy; City Action . If the work required to remedy the noticed default or violation is not commenced within the time required under Section 15.1 of this Agreement and diligently prosecuted to completion, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy th e default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense of Developer, without the necessity of giving any further notice to Developer.

In the event City elects to complete or arrange for completion of the remaining work and the Public Improvement, City may require all work by Developer to cease in order to allow adequate coordination by City.

15.3 Other Remedies. No action by City pursuant to this Section 15 shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

16. Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvement, or if Developer fails to comply with any other obligation contained herein, Developer shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorneys’ fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

17. Miscellaneous.

17.1 Relationship between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer ’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

17.2 Authority to Enter Agreement. Each person executing this Agreement on behalf of Developer represents and warrants that he or she has the legal power, right and authority to execute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.

17.3 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other P arty or any person shall be in writing and either served personally, communicated electronic mail (with a receipt requested), or sent by prepaid, first-class mail to 293

12 the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, fax or email receipt, or forty-eight (48) hours from the time of mailing if mailed as provided in this section:

To City: City of Chino
13220 Central Ave.

Chino, CA 91710
Attn: Director of Development Services
Email: [email protected]

With Copy to: Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Attn: Fred Galante, Esq.

Email: [email protected]

To Developer: Chino Development Corporation
1156 N Mountain Ave
Upland, CA 91786
Attn: Bryan T Goodman
Email: [email protected]

With a copy to: Lewis Management Corp.
1156 N Mountain Ave
Upland, CA 91786
Attn: Jay Dupre, Esq
Email: [email protected]

17.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

17.5 Construction; References; Captions. The Parties agree that the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days, or period for performance shall be deemed calendar days and not work days, unless specified therein. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

17.6 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and executed by both Parties.

17.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any con tractual right by custom, estoppel, or otherwise.

17.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.

This section shall not be construed as an authorization for any Party to assign any right or obligation.

17.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
294

13 17.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

17.11 Governing Law; Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties ’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.

17.12 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.

17.13 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

17.14 City Officers and Employees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successor(s) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or any successor(s) in interest in the event of any default or breach by Developer or for any amount that may become due to City or their successors in interest or for breach o f any obligation of the terms of this Agreement.

17.15 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.

17.16 Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A Legal Description of the Property
Exhibit A-1 Site Depiction
Exhibit B Conditions of Approval
Exhibit C
Exhibit D
Description of Tract 17571 Public Trail Improvements
DIF Credit/Reimbursement Addendum

[SIGNATURES ON FOLLOWING PAGE]
295
14 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

DEVELOPER: CITY:

HINO DEVELOPMENT CORPORATION,
a California Corporation
B
y: ________________________
N
ame: Bryan T. Goodman
I
ts: _____________________
D
ATED: __________
C

HINO PRESERVE DEVELOPMENT
C
ORPORATION, a California Corporation
B
y: ________________________
N
ame: Bryan T. Goodman
I
ts: _____________________
D
ATED: ________
__
C
ITY OF CHINO, a municipal corporation
B
y: _____
__________________
D
r. L
inda Reich
, C
ity Manager
DATED: __________
ATTEST:
__________________________
Natalie Gonzaga, City Clerk
DATED: __________
APPROVED AS TO CONTENT:
_________________________
Hye Jin Lee, Director of Public Works
DATED: __________
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By: ______________________
Fre
d Galante, City Attorney
D
ATED: __________
D
EVELOPER: O
NE PE

RSON AUTHORIZED BY THE APPLICABLE ENTITY FORMATION
DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY.

DEVELOPER SIGNATURE SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY.
296

01225

297

01225

298

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

That certain real property in the City of Chino, County of San Bernardino, and State of California legally described as follows:

The following lots on recorded maps as defined below:

Tract 16419 Lot 4, 8, AI, AF, AL
Tract 20102 Lot E
Tract 17058 Lots 8 & D
Tract 17057 Lots F & J
Tract 17571 Lot 12 and D
Tract 17572 Lots B & D

299

EXHIBIT A-1

SITE DEPICTION
[Please see following pages]
300

301

302

EXHIBIT B

CONDITIONS OF APPROVAL

Per Amended and Restated Development Agreement dated June 20, 2023, Section 6.4.1

303

1 EXHIBIT C

DESCRIPTION OF TRACT 17571 PUBLIC TRAIL IMPROVEMENTS

Landscaping Improvements and trail per plans approved by Chino June 22, 2015 and June 23, 2015 and approved by SCE Dec 24, 2014 and per SCE Consent dated July 28, 2015 304

1 EXHIBIT D

AGREEMENT

CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT

PRESERVE DEVELOPMENT IMPACT FEES
[SCE CORRIDOR TRAIL – PROJECT PA-003]

CONTRACT NO.

ADDENDUM NO. 1
(Assignment of Credit)

❖ Document No.:
❖ Developer: Chino Development Corporation or Chino Preserve Development Corporation
❖ Project Name: SCE Corridor Trail – PA-003

❖ DIF Addendum per section 12:

Estimated Costs Credits Applied Balance
Misc. Residential Amenities DIF $ $ $
Balance Credits Assigned Balance Forward
Assigned DIF Credit $ $ $

CHINO DEVELOPMENT CORPORATION or CHINO PRESERVE DEVELOPMENT CORPORATION is hereby transferring DIF Credit in the amount of $ to:
❖ Assignee:
❖ Credit Transfer Amount: $
❖ Balance Forward: $

“Any transfer or assignment of credits or reimbursement rights acknowledged in this Addendum shall be made in accordance with City procedures, on a form approved by and acknowledged by the City. All parties to this Addendum agree that City will have no ob ligation to recognize or honor an assignment or transfer that does not comply with the terms of this Addendum.”

305

2 [SIGNATURES ON FOLLOWING PAGE]

ASSIGNEE: CHINO DEVELOPMENT CORPORATION

CHINO PRESERVE DEVELOPMENT
CORPORATION:

Signature, Title Signature, Title
Date: Date:

CITY OF CHINO ACKNOWLEDGEMENT:

Signature, Title
Date:

306

MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 17, 2024

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

SUBJECT
..titl e
Introduction of Ordinance No. 2024 -013, Repealing Chapters 3.32 and 3.34 of the Chino Municipal Code and Adopting a new Chapter 3.32 Purchasing Ordinance. ..end

RECOMMENDATION
..recommendation
Approve the introduction of Ordinance No. 2024 -013, to be read by number and title only, and waiving further reading of the Ordinance, repealing Chapters 3.32 and 3.34 of the Chino Municipal Code and adopting a new Chapter 3.32, to update the Purchasing Or dinance, including the adjustment of the capitalization threshold, with an effective date retroactive to Fiscal Year 2024.
..body

FISCAL IMPACT
Adopting this Ordinance will not have immediate or direct fiscal impacts. However, increasing approval auth ority levels and competitive bidding thresholds is anticipated to reduce administrative processing times for smaller purchases and contracts, leading to modest cost savings and improved overall efficiency and service delivery.

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
307
CITY COUNCIL MEETING DATE: DECEMBER 17, 2024
TITLE: INTRODUCTION OF ORDINANCE NO. 2024 -013, REPEALING CHAPTERS 3.32 AND

3.34 OF THE CHINO MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 3.32 PURCHASING ORDINANCE.

PAGE: 2

BACKGROUND
The City’s purchasing approval authority levels and competitive bidding thresholds, last updated in 2019, were initially revised to achieve cost savings. However, these changes have inadvertently prolonged procurement timelines without delivering significant financial benefits, resulting in decreased operational efficiency. In response, several departments requeste d a review to identify improvements that balance accountability with efficiency.

Staff conducted a comprehensive analysis of purchasing practices in neighboring cities, including Chino Hills, Eastvale, Fontana, Ontario, and Pomona. This review aimed to al ign the City’s thresholds with regional standards while addressing current operational demands.

Findings indicate that adjusting these thresholds will streamline purchasing processes, enhance departmental responsiveness, and improve service delivery to the community.

By adopting a modernized Purchasing Ordinance, the City will establish clear guidance for procurement practices, ensure compliance with State and Federal regulations, and enhance operational efficiency across departments. These updates reflect the City's dedication to optimizing processes while maintaining ethical standards and regulatory compliance. This balanced approach will support both City operations and the community.

ISSUES/ANALYSIS
The Purchasing Division collaborated with Cit y departments and the City Attorney’s Office to develop Ordinance No. 2024 -013. This proposed ordinance updates approval authority levels and competitive bidding thresholds to streamline processes, reduce administrative burdens, and enhance procurement eff iciency. Additionally, it introduces provisions to reinforce ethical standards, promote sustainability, and ensure greater transparency in procurement practices.

The proposed changes are outlined below:

Approval Authority Limits

The proposed updates to approval authority limits aim to increase operational flexibility, allowing staff to address departmental needs more effectively while preserving City Council oversight for significant transactions. The table below compares the approval authority limits set in 2001, 2019, and the proposed updates:

Position 2001
Limit
2019
Current Limit
Proposed
Limit
City Manager Up to $25,000 Up to $50,000 Up to $150,000 City Council Over $25,000 Over $50,000 Over $150,000

Competitive Thresholds for Goods, Services, and Public Projects

The proposed ordinance introduces updated competitive bidding thresholds, aligning with regional best practices and the California Uniform Public Construction Cost Accounting Act (CUPCCAA). These adjustments aim to enhance purchasing e fficiency, enabling the City to address urgent needs more swiftly while maintaining compliance and upholding procurement 308
CITY COUNCIL MEETING DATE: DECEMBER 17, 2024
TITLE: INTRODUCTION OF ORDINANCE NO. 2024 -013, REPEALING CHAPTERS 3.32 AND

3.34 OF THE CHINO MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 3.32 PURCHASING ORDINANCE.

PAGE: 3

standards. The updated thresholds are as follows:

Goods
Requirement 2001 2019 / Current Proposed
Open Market Up to $5,000 Up to $10,000 Up to $25,000
Informal Bid > $5,001 - $25,000 > $10,001 - $100,000 > $25,000 - $100,000 Formal Bid Over $25,000 Over $100,000 Over $100,000

Professional Services
Requirement 2001 2019 / Current Proposed
Open Market Up to $5,000 Up to $10,000 Up to $75,000
Informal Bid > $5,001 - $25,000 > $10,001 - $100,000 N/A Formal Bid Over $25,000 Over $100,000 Over $75,000

Public Projects
Requirement 2001 2019 / Current Proposed*
Open Market Up to $5,000 Up to $50,000 Up to $75,000
Informal Bid > $5,001 - $25,000 > $50,001 - $100,000 > $75,000 - $220,000 Formal Bid Over $25,000 Over $100,000 Over $220,000
*Proposed to reference amounts authorized under CUPCCA, as amended from time -to- time. Current amounts proposed.

Additional Consideration: Effective Date of Capitalization Threshold

To facilitate a smoother transition and align the new purchasing practices with the fiscal year, staff recommends backdating the implementation of the change in the capitalization threshold from $5,000 to $10,000 to July 1, 2024 . Including an effective date in the ordinance to reflect this adjustment would enhance clarity and ease the administrative burden. Aligning the change with the start of the fiscal year ensures operational consistency, simplifies the adopti on process across departments, and minimizes disruptions to ongoing operations. 309
CITY COUNCIL MEETING DATE: DECEMBER 17, 2024
TITLE: INTRODUCTION OF ORDINANCE NO. 2024 -013, REPEALING CHAPTERS 3.32 AND

3.34 OF THE CHINO MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 3.32 PURCHASING ORDINANCE.

PAGE: 4

Newly Introduced Sections in the Purchasing Ordinance

The revised Ordinance introduces new sections that focus on transparency, ethical standards, and environmental responsib ility, reflecting the City’s commitment to sustainable and responsible governance. These sections include:

 Ethics Statement (3.32.040): Ensures adherence to ethical standards.  Supplemental Regulations (3.32.080): Allows regulatory adjustments via resolutions.  Use of Electronic Means (3.32.090): Authorizes electronic procurement methods.  Budgeted Funds Required (3.32.110): Ensures purchase orders align with available funds.
 Environmentally Preferred Procurement (3.32.150): Prioritizes eco-friendly products.  Unauthorized Purchases (3.32.160): Disallows payment for unauthorized purchases.  Design/Build (3.32.240): Enables design-build procurement for projects.  Change Orders (3.32.250): Allows for change order within established limits.

Adopting Ordinance No. 2 024-013 will streamline the City’s purchasing process, improving efficiency and reducing administrative burdens. The proposed updates align with best practices, enhance transparency, and support ethical and sustainable procurement. These changes will contribute to the City’s financial stability and better service delivery.

Attachment: Ordinance No. 2024-013

310

ORDINANCE NO. 2024-013

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, REPEALING CHAPTER S 3.32 AND

3.34 OF THE CHINO MUNICIPAL CODE, AND ADOPTING A
NEW CHAPTER 3.32 ESTABLISHING A PURCHASING
SYSTEM
WHEREAS, the City of Chino, California (“City”) is a municipal corporation, duly organized under the California constitution and the laws of the State of California; and WHEREAS, the City is dedicated to operating efficie ntly, effectively and streamlining operations where possible; and
WHEREAS, on October 1, 2019, the City Council adopted a resolution electing for the City to be subject to the California Uniform Public Construction Cost Accounting Act (Public Contract Code section 22000 et seq.) (the "Act"); and
WHEREAS, the City’s current purchasing system is outlined in Chapter 3.32 of the Chino Municipal Code, and City staff has conducted a review of Chapters 3.32 and 3.34, identifying the need to repeal Chapter 3.34 (Local Business Preference) and adopt a new Chapter 3.32 , incorporating the Local Business Preference provisions into the newly adopted Chapter 3.32; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated into this ordinance by reference.

SECTION 2. Chapter 3.32 of the Chino Mun icipal Code is hereby repealed in its entirety and replaced with the following new provisions.

SECTION 3. Chapter 3.34 of the Chino Municipal Code is hereby repealed in its entirety.

SECTION 4. A new Chapter 3.32 of the Chino Municipal Code is added, to read as follows:

CHAPTER 3.32 – PURCHASING SYSTEM

3.32.010 Short Title

3.32.020 Legislative Purpose

3.32.030 Definitions

3.32.040 Ethics Statement

3.32.050 Local Business Preference
311

Ordinance No. 2024-013

Page 2 of 12 ends

Chino City CouncilDecember 17, 2024

Chino City Council
December 17, 2024