Chino City Council
June 2, 2026

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. 430
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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 432
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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 434
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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. 435
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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 436
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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 437
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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 439
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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 440
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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, 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 C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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01225.0001/863604.2 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will 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.

443
EXHIBIT "A-1"
A1-1
444
A1-2
445
A1-3
446
A1-4
447
1260 Corona Pointe Court | Suite 305
Corona, CA 92879
Main 855-900-4742
 H R G R E E N . C O M

May 20, 2026
Brian Aleman
Associate Engineer
City of Chino
13220 Central Avenue
Chino, CA 91710
Re: Additional Work Proposal for the design of ADA ramps at Chino Avenue and Mountain Avenue Dear Brian,
Per your request, HR Green Pacific, Inc. (HR Green) is pleased to provide this proposal to design two additional ADA- compliant curb ramps at the intersection of Chino Avenue and Mountain Avenue as additional work to the design services contract being awarded for the Edison Avenue Pavement Improvements (Zone 2) project.

SCOPE OF SERVICES
HR Green will prepare design plans for the southwest and southeast curb ramps at the intersection of Chino Avenue and Mountain Avenue. The ramps will be designed as crosswalk directional ramps, consistent in configuration with the previously designed northeast and northwest ramps at this intersection. Both ramps will be designed on a single plan sheet and will comply with City of Chino ADA policy and, at minimum, the latest PROWAG guidelines.

Topographic survey is included within the additional project area to establish existing grades and connection points to the adjacent curb, gutter, and sidewalk.

PROPOSED FEE
HR Green proposes to provide these services for an additional fee of $8,500.

This additional work would bring the total contract value to $199,568.50 (including Add. Items A, B and C), which remains within the City's allocated design amount of $200,000.

If you have any questions, please do not hesitate to contact me at 951-970-6879 or via email at [email protected].

Sincerely,
HR Green Pacific, Inc.

Chase Keys, PE
Group Leader

A1-5
448

01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

449

01225.0001/863604.2 C-1
EXHIBIT “C”

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

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

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

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
450
E
XHIBIT "C-1"
C1-1
*Total Not-To-Exceed: $199,568.50; excludes "ADD D".
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01225.0001/863604.2 D-1
EXHIBIT “D”

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

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

452
D
1-1
EXHIBIT "D-1"
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MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 2, 2026

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

SUBJECT
..titl e
Approve Amendment No. 5 with Cannon Corporation dba Penco for Additional General Plan Check Services
..end

RECOMMENDATION
..recommendation
1) Appropriate $200,000 to the Fiscal Year 2025 -26 Development Engineering Program Budget from the available General Fund balance for plan check with a corresponding increase in plan check revenue in the same amount; 2) approve contract amendment No. 5 with C annon Corporation dba Penco, Contract 2024 -067, for $200,000 for a revised contract amount of $1,145,000 for additional general plan check and other related engineering services; and 3) authorize the City Manager to execute the necessary documents on behalf of the City. ..body

FISCAL IMPACT
Requires appropriation of $200,000 to the FY 2025 -26 Development Engineering Program Budget using available General Fund balance. Plan check service costs are fully recovered through user fees charged to the develope rs; therefore, staff will increase the plan check revenue projection by $200,000 for FY 2025-26.

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

Revenue: 1007010 - 56450

Expenditure: 1007010 - 43570
Transfer In: Transfer Out:
454
CITY COUNCIL MEETING DATE: JUNE 2, 2026
TITLE: APPROVE AMENDMENT NO. 5 WITH CANNON CORPORATION DBA PENCO FOR ADDITIONAL GENERAL PLAN CHECK SERVICES.

PAGE: 2

BACKGROUND
On March 30, 2023, the City released a Request for Proposals (RFP No. 2023 -8001) for “General Plan Check Services and Other Related Engineering Services” via PlanetBids, in accordance with City procurement policies. The City received nine proposals by the closing date of April 20, 2023.

On June 20, 2023, the City Council awarded professional services agreements to three firms for these services, including Cannon Corporation. The agreement with Cannon Corporation included an initial one -year term with two op tional one-year extensions, both of which the City subsequently exercised.

Effective July 1, 2025, the agreement was renewed in an amount not to exceed $400,000.

Subsequently, in April 2026, the agreement was amended to increase compensation by an additional $150,000 due to increased plan check activity and development demand. This increase in expenditure and revenue was included in the FY 2025-26 Midyear Budget.

ISSUES/ANALYSIS
Staff is now requesting a further increase of $200,000 due to severa l large-scale development projects recently submitted to the City that require extensive and complex engineering plan check review services. These reviews are highly technical, time -intensive, and costly, necessitating continued consultant support to maint ain project review timelines, ensure timely processing of development applications, and maintain adequate service levels for the development community.

The Public Works Department collects fees from developers for engineering plan check services associated with development construction activity. The appropriation of the additional $200,000 is fully offset by fees collected from developers for plan check services.

During the current fiscal year, engineering plan check activity assigned to Cannon Corporation has continued to increase, substantiating the need to increase the contract amount to accommodate anticipated services throughout the remainder of the fiscal year. In addition to the higher volume of work, Cannon has consistently provided high ‑quality serv ice with reliable expertise and quick turnaround times, which has been instrumental in keeping projects on schedule and maintaining service levels to the development community. Accordingly, staff is requesting approval of an amendment to the agreement in t he amount of $200,000, resulting in a revised total contract amount for Fiscal Year 2025-26 of $750,000.

The proposed amendment will allow staff to maintain continuity and avoid delays in processing engineering plan check services for several significant ongoing development infrastructure projects throughout the City. Therefore, staff recommend that the City Council approve Amendment No. 5 to the professional services agreement with Cannon Corporation for an additional $200,000 for additional general plan check services and other related engineering services.

Attachment: Exhibit A - Amendment No. 5 - Cannon Corporation

455
Project Name/No.: General Plan Check Services Contract No.: 2024-067 (A5) & Other Related Engineering Services
Project Manager: PW/ J. Plasencia Approved: 05.19.2026 AMENDMENT NO. 5

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 Cannon Corporation, a California Corporation (“Consultant”) is effective as of the 19th day of May, 2026.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated July 1 st, 2023 ( “Agreement”) whereby Consultant agreed to provide General Plan Check Services and Other Related Engineering Services.

B. City and Consultant entered into a First Amendment on July 1, 2024, to increase compensation by $150,000 for an additional fiscal year (2024-25) of General Plan Check Services and Other Related Engineering Services and extend the term of the Agreement.

C. City and Consultant entered into a Second Amendment on March 4, 2025, to increase compensation by $120,000 for fiscal year (2024 -25) for additional General Plan Check Services and Other Related Engineering Services.

D. City and Consultant entered into a Third Amendment on July 1, 2025, to increase compensation by $400,000 for an additional fiscal year (2025-26) of General Plan Check Services and Other Related Engineering Services and extend the term of the Agreement.

E. City and Consultant entered into a Fourth Amendment on April 7, 2026, to increase compensation by $150,000 for additional General Plan Check Services and Other Relate d Engineering Services.

F. City and Consultant now desire to amend the Agreement to increase compensation by $200,000 for additional General Plan Check Services and Other Related Engineering Services.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) Section 2.1, Contract Sum, is hereby revised to increase the Contract Sum by Two Hundred Thousand Dollars and Zero Cents ( $200,000.00) for performance of additional General Plan Check Services and other Related Engineering Services, and shall read in its entirety as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total 456
01225.0001/863605.1
compensation including reimbursement for actual expenses, shall not exceed One Million One Hundred Forty -Five Thousand Dollars and Zero Cents ($1,145,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.”

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 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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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:

CANNON CORPORATION:

By:

Name: Michael F. Cannon
Title: President and CFO

By:

Name: Lawerence P. Kraemer
Title: Vice President and Secretary

Address:1050 Southwood Drive
San Luis Obispo, CA 93401

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. 458

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 2, 2026

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

SUBJECT
..titl e
Introduction of Ordinance 2026 -004 Amending Chapter 10.56 of the Chino Municipal Code (CMC).
..end

RECOMMENDATION
..recommendation
Approve the introduction of Ordinance 2026-004, amending Chapter 10.56 of the Chino Municipal Code , pertaining to bicycles, electric bicycles, motorized scooters, and regulated mobility devices , to be read by number and title only, and waiving future readi ng of the ordinance:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 10.56 OF THE CHINO MUNICIPAL CODE TO ADDRESS BICYCLES, ELECTRIC BICYCLES, MOTORIZED SCOOTERS, AND REGULATED MOBILITY DEVICES; ESTABLISH REGULATIONS FO R THE SAME; UPDATE ENFORCEMENT, PENALTY, AND IMPOUND PROVISIONS; AND REMOVE OUTDATED BICYCLE LICENSING

REQUIREMENTS
..body

FISCAL IMPACT
There is no significant financial impact anticipated from the adoption of this Ordinance. Minor costs may include public education materials, school outreach, website updates, and signage in selected areas. If the City adopts administrative cost recovery for impounds or storage, those charges should be limited to actual City costs.

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
459
CITY COUNCIL MEETING DATE: JUNE 2, 2026
TITLE: INTRODUCTION OF ORDINANCE 2026 -004 AMENDING CHAPTER 10.56 OF THE CHINO MUNICIPAL CODE (CMC).

PAGE: 2

BACKGROUND
The use of electric bicycles (“e -bikes”), electric scooters, electric motorcycles, and other micromobility devices has increased significantly throughout Southern California. The City of Chino (“City”) is no exception to this. While these devices provide a convenient and environmentally friendly transportation option, unsafe riding behavior, particularly among juveniles, has created growing public safety concerns in neighborhoods, school zones, parks, sidewalks, shopping centers, and public rights-of-way.

Chapter 10.56 of the City Municipal Code (“CMC”) currently centers on b icycle licensing requirements, including the registration and fees associated with licensing. To address the increasing public safety concerns, the City shifts its focus from outdated bicycle licensing requirements to practical safety considerations such a s speed and operations on public sidewalks and expand the City’s regulation to incorporate e-bikes and various regulated mobility devices. Parental accountability, penalties, and the City’s impound authority are also addressed.

The proposed amendments outl ined in this Ordinance are intended to provide City residents with clearer regulation while preserving the lawful use of e -bikes and other micromobility devices for transportation and recreation. As such, the ordinance does not prohibit e -bike use citywide or intend to conflict with regulations beyond those already provided under California law.

ISSUES/ANALYSIS
E-bikes are defined under California Vehicle Code (“CVC”) section 312.5 as bicycles with fully operable pedals and an electric motor with a power output of less than 750 watts. State law establishes three e-bike classes:
 Class 1 pedal-assist up to 20 mph
 Class 2 throttle-assist up to 20 mph
 Class 3 pedal-assist up to 28 mph.

Class 3 e -bike operators must be at least 16 years old and must wear a he lmet. Additionally, those who are under 18 years old must wear a helmet while operating or riding a bicycle or e - bike.

Recent changes in state law also give law enforcement additional authority to remove certain unlawful electric vehicles, including devic es that do not qualify as lawful e -bikes and vehicles being operated without required registration or licensing. CVC section 22651.08, effective January 1, 2026, authorizes the removal of certain electric vehicles and allows local agencies to recover actua l administrative costs related to removal, seizure, and storage if adopted by ordinance or resolution. Neighboring and comparable cities have begun adopting local e -bike and micromobility regulations.

This Ordinance would:

1. Update definitions to align with current California Vehicle Code language.

2. Regulate unsafe operation of regulated mobility devices

3. Prohibit reckless behaviors such as riding against traffic, failing to yield, stunt riding in unsafe areas, towing or clinging to vehicles, riding in prohibited areas, and carrying passengers unlawfully.

4. Establish operations regulations for sidewalks, school-zones, trails, and parks. 460
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TITLE: INTRODUCTION OF ORDINANCE 2026 -004 AMENDING CHAPTER 10.56 OF THE CHINO MUNICIPAL CODE (CMC).

PAGE: 3

5. Increase parental accountability when a parent or legal guardian knowingly permits a minor to violate the chapter.

6. Allow administrative citations, court citations, or safety -course diversion where appropriate.

7. Establish escalating administrative fines of $100, $200, and $500 unless a lower amount is required by state law.

8. Authorize storage or impoundment when permitted by state law or when a device is operated in violation of local code and presents a public safety risk.

9. Remove outdated mandatory bicycle licensing requirements and replace them with voluntary registration language.

10. Provide a 30 -day public education period before active enforcement of CMC Chapter

10.56 begins.

LEGAL CONSIDERATIONS
Staff recommends that:

The City may regulate operation, parking, and registration of bicycles under CVC 21206, but any local ordinance should expressly state that it does not override state law.

Impound language should be tied to CVC 22651.08, CVC 22651, abandoned property laws, o r other lawful authority to avoid overbreadth.

The City is authorized to enforce the Ordinance regulations and impose penalties such as citations, even upon minors. In accordance with California Welfare & Institutions Code sections 256 and 602, the County of San Bernardino Superior Court has jurisdiction over minors who violate an ordinance of the City, including provisions of local law related to traffic offenses.

Any cost -recovery fees, such as those related to removal, seizure, storage, processing, and release of a regulated mobility device, should be limited to actual administrative costs and adopted through the City’s fee schedule or resolution.

PUBLIC OUTREACH
Following adoption, staff recommend a 30 -day education period before active enforcement.

Outreach should include Chino Valley Unified School District, school resource officers, parent groups, bicycle retailers, social media messaging, the City website, and community meetings.

ATTACHMENTS:

1. Draft Ordinance 2026-004

2. Redline of CMC Chapter 10.56

3. Summary of California e-bike laws

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01225.0016 2127274.5
ORDINANCE NO. 2026-004

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CHAPTER 10.56 OF THE CHINO MUNICIPAL

CODE TO ADDRESS BICYCLES, ELECTRIC BICYCLES, MOTORIZED SCOOTERS, AND REGULATED MOBILITY DEVICES ; ESTABLISH
REGULATIONS FOR THE SAME; UPDATE ENFORCEMENT, PENALTY, AND IMPOUND PROVISIONS; AND REMOVE OUTDATED BICYCLE LICENSING

REQUIREMENTS
WHEREAS, pursuant to California Co nstitution Article XI Section 7, the City of Chino (“City”), the City has police power to make and enforce all ordinances and regulations not in conflict with general laws; and
WHEREAS, the use of bicycles, electric bicycles, motorized scooters, off-highway electric motorcycles, and other regulated mobility devices has increased within the City; and WHEREAS, these types of mobility devices provide transportation and recreational benefits when operated safely and lawfully; and
WHEREAS, dangerous operation of these types of mobility devices, such as speeding , failure to obey traffic laws, traveling against designated traffic flow , unlawful passengers, and stunt riding, creates significant risks to the community; and WHEREAS, the City Council of the City of Chino (“City Council”) strives to promote and improve the public health, safety, and general welfare of the City’s residents; and WHEREAS, the City Council desires to amend the Chino Municipal Code to incorporate clear local regulations concerning the operation of these types of mobility devices and align with state law; and
WHEREAS, prior to adoption, the City provided all required public notice and held a duly noticed public hearing at which time members of the public had the opportunity to review the documents presented to the City Council and provide oral comments regarding the proposed ordinance; and
WHEREAS, all of the legal prerequisites to adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Amendment. Chapter 10.56 (Bicycles) of Title 10 (Vehicles and Traffic) of the City of Chino Municipal Code is hereby amended in its entirety as follows:
“Chapter 10.56 Bicycles, Electric Bicycles, Motorized Scooters, and Regulated Mobility Devices
Sections:
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ORDINANCE 2026-004

01225.0016 2127274.5

10.56.010 Purpose and Scope.

A. This chapter regulates the operation, parking, storage, and enforcement of regulated mobility devices within the City of Chino.

B. This chapter applies to any regulated mobility device operated upon any public street, highway, sidewalk, bicycle lane, bi cycle path, public trail, park, public facility, City -owned property, or private property open to the public for pedestrian or vehicular travel.

C. Nothing in this chapter is intended to conflict with or supersede the California Vehicle Code.

Where state law controls, state law shall govern.

10.56.020 Definitions.

For purposes of this chapter, the following definitions apply:
“Bicycle” means a device upon which a person may ride that is propelled by human power through a belt, chain, gears, or similar mechanism, and has the same meaning as in California Vehicle Code section 231, as it may be amended from time to time. “Electric bicycle” or “e-bike” means a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and has the same meaning as in California Vehicle Code section 312.5, as it may be amended from time to time.
“Class 1 electric bicycle ” means a low-speed pedal-assisted electric bicycle and has the same meaning as in California Vehicle Code section 312.5(a)(1) , as it may be amended from time to time.
“Class 2 electric bicycle” means a low-speed throttle-assisted electric bicycle and has the same meaning as in California Vehicle Code section 312.5(a)(2), as it may be amended from time to time.
“Class 3 electric bicycle” means a speed pedal-assisted electric bicycle and has the same meaning as in California Vehicle Code section 312.5(a)(3), as it may be amended from time to time.
“Electrically motorized board” means the same as in California Vehicle Code section 313, as it may be amended from time to time.
“Motorized scooter” means the same as in California Vehicle Code section 407.5, as it may be amended from time to time.
“Motorized bicycle” or “moped” means the same as in California Vehicle Code section 406, as it may be amended from time to time.
“Motor vehicle” means the same as in California Vehicle Code section 415, as it may be amended from time to time.
“Motorcycle” means the same as in California Vehicle Code section 400, as it may be amended from time to time.
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ORDINANCE 2026-004

01225.0016 2127274.5
"Off-highway motorcycle" means the same as in California Vehicle Code section 436, as it may be amended from time to time.
"Off-highway electric motorcycle" means the same as in California Vehicle Code section 436.1, as it may be amended from time to time.
"Pocket bike" means the same as in the California Vehicle Code section 473, as may be amended from time to time.
“Regulated mobility device” means any bicycle, electric bicycle, motorized scooter, skateboard, electrically motorized board, pocket bike, motorized bicycle, or other similar motorized or non - motorized device used for transportation or recreation. “Unregulated conveyance” means any regulated mobility device that does not meet the standards of devices as defined in the California Vehicle Code.

10.56.030 Voluntary Bicycle Registration.

A. Residents are encouraged, but not required, to register bicycles with the City or with a recognized bicycle registration service to assist in identifying the rightful owner of a lost, stolen, recovered, or involved bicycle.

B. Any mandatory bicycle licensing provisions previously contained in this chapter are repealed.

C. The Police Department may continue to provide voluntary bicycle registration services as approved by the Chief of Police.

10.56.040 Applicability of Traffic Laws.

A. Every person operating a regulated mobility device upon a street, highway, bicycle lane, bicycle path, or sidewalk shall comply with all applicable provisions of the California Vehicle Code and this chapter.

B. Pursuant to California Vehicle Code section 21113, the City may enforce applicable traffic laws upon driveways, paths, parking facilities, parks, and grounds under the control of the City where public traffic is permitted.

C. Nothing in this chapter prohibits police, fire, public works, community services, or other authorized public agency personnel from operating any vehicles or mobility devices in the performance of official duties.

10.56.050 Equipment and Classification.

A. Electric bicycles shall comply with all applicable equipment, visibility, labeling, manufacturing, and operational requirements under state and federal law.

B. No person shall tamper with, modify, or alter an electric bicycle in a manner that changes the speed capability or classification of the electric bicycle unless the dev ice is lawfully reclassified and labeled as required by state law.
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C. Any device that exceeds the legal speed, power, equipment, or operational limitations of an electric bicycle may be treated as a motor vehicle, motorcycle, motorized bicycle, off -highway vehicle, or unregulated conveyance, as applicable under state law.

10.56.060 Helmet Requirements.

A. Any person under 18 years of age operating or riding as a passenger on a bicycle or electric bicycle shall wear a properly fitted and fastened bicycle hel met that meets the standards as required by California Vehicle Code section 21212.

B. No person shall operate a Class 3 electric bicycle or ride as a passenger on a Class 3 electric bicycle without wearing a properly fitted and fastened bicycle helmet that meets the standards as required by California Vehicle Code section 21213.

C. This section shall be enforced consistent with state law.

10.56.070 Speed.

A. No person shall operate any regulated mobility device at a speed greater than is reasonable or prude nt under existing conditions, including pedestrian traffic, vehicular traffic, surface conditions, lighting, visibility, weather, and the width of the area being used.

B. No person shall operate a bicycle or electric bicycle on a sidewalk at a speed greater than 8 miles per hour, and in no event at a speed greater than is reasonable or prudent under existing conditions.

C. No person shall operate a regulated mobility device on a sidewalk adjacent to a school, park, community center, senior facility, or other high-pedestrian areas at a speed greater than 5 miles per hour when pedestrians or children are present.

D. No person shall operate a regulated mobility device on a bicycle path, trail, or shared-use path at a speed greater than 10 miles per hour unless otherwise posted on signs, and in no event at a speed greater than is reasonable or prudent under the existing conditions, or at any speed which endangers the safety of the public or property.

E. Nothing in this section authorizes operation of any device in any location where such operation is prohibited by state law, this code, or posted signs.

10.56.080 Operation on Sidewalks.

A. Bicycles may be operated on sidewalks unless prohibited by posted signs or other provisions of this code.

B. Where a designated bicycle lane has been established, a person shall not operate a bicycle or electric bicycle on a sidewalk.

C. Other regulated mobility devices may be operated on sidewalks only where not prohibited by posted signs or other provisions of this code, and only in a manner that does not endanger pedestrians or property.
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D. The operator of any regulated mobility device on a sidewalk shall yield the right -of-way to pedestrians and shall provide an audible warning before overtaking or passing pedestrians.

E. As authorized and provided in Section 10.08.030, the Public Works Director, or the Director’s designee, may install traffic -control devices or signals pertaining to the operation of regulated mobility devices.

10.56.090 Unlawful Operation.

A. It is unlawful for any person to operate a regulated mobility device in an unsafe manner on any street, highway, sidewalk, bicycle lane, bicycle path, trail, park, public facility, City-owned property, or private property open to the public.

B. Unsafe operation includes, but is not limited to:

1. Operating in violation of the California Vehicle Code or this chapter.

2. Operating against the direction of traffic on a street, highway, bicycle lane, or roadway.

3. Failing to obey traffic-control devices or posted signs.

4. Failing to yield the right-of-way to pedestrians.

5. Entering a roadway, driveway, or parking lot from a sid ewalk or path without yielding to vehicles, pedestrians, or other lawful users.

6. Operating at a speed unsafe for conditions.

7. Carrying a passenger on a device not designed for passengers.

8. Carrying a passenger who is not seated in a lawful and manufacturer-approved passenger location.

9. Operating while a person is clinging to or being pulled by another moving vehicle or device.

10. Towing, being towed, or attaching the device to any moving vehicle or device.

11. Operating upon any public drainage facility, culvert , ditch, channel, landscaped area, sports field, court, playground, or other area not designated for such use.

12. Performing wheelies, stunts, tricks, acrobatics, racing, or speed contests where pedestrians, vehicles, or other persons are present or where such conduct creates a risk to persons or property.

13. Operating in a group in a manner that obstructs traffic, blocks sidewalks, interferes with pedestrians, or creates a foreseeable collision risk.

14. Tampering with or modifying a regulated mobility device so as to change the speed capability of such device, or otherwise altering, modifying, or adjusting the device in a way so that it no longer qualifies as a lawful device.

15. Operating any regulated mobility device in a park, trail, or public facility where such operation is expressly prohibited by a posted sign or City regulation.

16. Operating in any other manner that endangers the safety of the operator, passengers, pedestrians, motorists, or property.

10.56.100 Parks, Trails, and Public Facilities.

A. No person shall operate a regulated mobility device in a City park, public trail, public facility, sports field, court, playground, landscaped area, open space area except on roads, paths, trails, parking lots, areas designated for such us e, or areas otherwise prohi bited from operation of a regulated mobility device.

B. Regulated mobility devices shall not be operated within City parks, trails, open space, or public facilities except where expressly authorized by law, permit, posted designation, or City approval. 466
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10.56.110 Parking and Obstruction.

A. No person shall leave a regulated mobility device lying on its side or parked in a manner that obstructs pedestrian travel, ADA access, vehicle travel, emergency access, building entrances, driveways, ramps, crosswalks, or transit stops.

B. No person shall park or leave any regulated mobility device on private property open to the public in a manner that obstructs pedestrian or vehicular traffic.

C. Devices parked or left in violation of this section may be relocated, s tored, or impounded as authorized by law.

10.56.120 Responsibility of Parent or Legal Guardian.

A. The parent or legal guardian of any minor shall not authorize, knowingly permit, or knowingly allow the minor to violate any provision of this chapter.

B. A parent or legal guardian may be cited when evidence shows the parent or legal guardian knowingly authorized or permitted the violation.

C. This section shall not be interpreted to impose strict liability on a parent or legal guardian for a minor’s conduct they did not authorize, permit, or have reason to know would occur.

10.56.130 Enforcement and Penalties.

A. Unless otherwise required by state law, a violation of this chapter may be enforced as an administrative citation, infraction, or misdemeanor at the discretion of the City Attorney, prosecuting authority, or peace officer based on the facts and circumstances.

B. Administrative Fines
Administrative fines for violations of this chapter shall be consistent with Chapter 1.15 and the City’s established administrative citation schedule for violations that would otherwise constitute infractions, as follows:
 First violation: $100
 Second violation of the same ordinance within one year: $200  Each additional violation of the same ordinance within one year: $500 C. Where state law establishes a different penalty, state law shall control.

D. In lieu of a fine or citation, the Chief of Police or designee may allow a violator to complete an approved bicycle, e-bike, or other related safety course.

E. For juvenile offenders, the Police Department may prioritize education, parental notification, and safety -course completion before monetary penalties, unless the violation caused injury, property damage, reckless operation, or substantial public safety risk.

10.56.140 Storage, Removal, and Impound.
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ORDINANCE 2026-004

01225.0016 2127274.5
A. In addition to any other penalty that may be assessed pursuant to this code, a peace officer or authorized City employee may remove, store, or impound a regulated mobility device when authorized by the California Vehicle Code, this code, or other applicable law.

B. Removal or impound may be authorized when:

1. The device is operated in violation of this chapter and creates an immediate or substantial risk to public safety.

2. The device is one that does not qualify as a lawful electric bicycle and is being operated without proper registration, licensing, or equipment as required by law.

3. The device is a Class 3 electric bicycle operated by a person under 16 years of age.

4. The device is used in r eckless operation, speed contests, stunt riding, or unsafe group riding creating a foreseeable collision risk.

5. The device is abandoned, obstructing pedestrian or vehicular access, or unlawfully parked.

6. Removal is otherwise authorized by California Vehicle Code section 22651.08, California Vehicle Code section 22651, or other applicable law.

C. The City may recover actual administrative costs related to removal, seizure, storage, processing, and release, provided such charges are adopted by resolution or included in the City’s current approved fee schedule, as may be updated from time to time, and do not exceed actual costs.

D. If a device is removed pursuant to California Vehicle Code section 22651.08, release shall comply with that section, including any applicable minimum storage period, payment of lawful costs, and safety-course completion requirements.

E. Nothing in this section limits the City’s authority to dispose of abandoned property in accordance with applicable law.

10.56.150 Exemptions.

This chapter does not apply to:

A. Police, fire, public works, community services, or other public agency personnel acting within the performance and scope of official duties.

B. Mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act and otherwise protected by federal or state disability law.

C. City-approved events, demonstrations, trainings, or programs operating under permit or written authorization.

10.56.160 Severability.

If any section, subsection, sentence, clause, phrase, or portion of this chapter is held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter.”
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ORDINANCE 2026-004

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SECTION 3. Except as othe rwise amended herein, the remainder of Title 10 (Vehicles and Traffic) of the City of Chino Municipal Code shall remain unchanged and in full force and effect.

SECTION 4. CEQA. Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines (California Code of Regulations Title 14 §1500 et seq.), the City Council finds that this Ordinance is exempt from CEQA. Pursuant to CEQA Guidelines Section 15061(b)(3), this Ordinance is covered by the common sense exemption because the proposed changes do not have the potential for causing a significant effect on the environment. Furthermore, the proposed changes do not constitute a “project” under CEQA Guidelines Sectio n 15378(b)(5), which excludes the “organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment.” SECTION 5. Severability. If any section, subsection, sentence, clause, paragraph, or phrase of this Ordinance or any part thereof is for any reason held to be invalid or otherwise unenforceable by any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have enacted each and every section, subsection, sentence, clause, paragraph, or phrase thereof, irrespective of any determination of validity.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its second reading and adoption.

SECTION 7. Certification. The City Clerk of the City of Chino shall certify as to the passage and adoption of this Ordinance and shal l cause the same to be published and posted at the designated locations in the City of Chino.

ADOPTED, SIGNED, and APPROVED this ___ day of ________, 2026.

_____________________________
Eunice Ulloa, Mayor

ATTEST:

______________________________
Natalie Gonzaga, City Clerk

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ORDINANCE 2026-004

01225.0016 2127274.5

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga, CITY CLERK OF THE CITY OF CHINO, CALIFORNIA, do hereby certify that the foregoing Ordinance No. 2026-_____ was duly and regularly adopted by the City Council of the City of Chino at a regular meeting held _____ day of _________, 2026, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________________
Natalie Gonzaga, City Clerk

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ATTACHMENT 2
Summary of Key Changes to Chapter 10.56
Removed:
 Mandatory bicycle registration requirement
 Outdated $3 licensing fee structure
Added:
 Definitions aligned with California Vehicle Code (e-bike classes, scooters, etc.)  Regulation of regulated mobility devices (e-bikes, scooters, boards, etc.)  Clear unsafe operation standards
 Sidewalk, park, and trail use regulations
 Speed limits:
o 8 mph on sidewalks
o 5 mph near schools/parks when pedestrians and children are present o 10 mph on trails unless posted otherwise
 Parental and legal guardian accountability language
 Administrative fine structure ($100 / $200 / $500)
 Safety course diversion option
 Impound authority tied to CVC 22651.08
 Cost recovery authority (by resolution)
Modified:
 Enforcement section expanded for flexibility (admin, infraction, misdemeanor)  Clarified that the Code does not override State law
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ATTACHMENT 3 – SUMMARY OF CALIFORNIA E-

BIKE LAWS
California E-Bike Law Overview
Definition (CVC 312.5):
 Electric motor < 750 watts
 Fully operable pedals
Three Classes:
 Class 1: Pedal assist, max 20 mph
 Class 2: Throttle assist, max 20 mph
 Class 3: Pedal assist, max 28 mph
Key Laws:
 Class 3 riders must be 16+
 Class 3 requires a helmet (all ages)
 All riders under 18 must wear helmets
 E-bikes are allowed where bicycles are allowed unless restricted locally Enforcement Authority:
 Cities may regulate operation (CVC 21206)
 Cannot conflict with state definitions or age laws
New Law (2026):
 CVC 22651.08 allows impound of illegal/unregistered electric vehicles

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MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 2, 2026

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

SUBJECT
..titl e
Senate Bill 707 Updates and Adoption of a Disruption of Service during a City Council Meeting Policy.
..end

RECOMMENDATION
..recommendation
Receive an update related to significant updates to the Ralph M. Brown Act by Senate Bill 707 (SB 707) and approve Resolution No. 2026 -038 to adopt a Disruption of Telephonic or Internet Service During Public Meetings Policy.
..body

FISCAL IMPACT
No fiscal impact is associated with the resolution adoption.

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
473
CITY COUNCIL MEETING DATE: JUNE 2, 2026
TITLE: SENATE BILL 707 UPDATES AND ADOPTION OF A DISRUPTION OF SERVICE DURING A CITY COUNCIL MEETING POLICY.

PAGE: 2

BACKGROUND
The Ralph M. Brown Act (Government Code §54950 et seq.) establishes requirements for open meetings of local legislative bodies. SB 707, signed into law by Governor Newsom on October 3, 2025, updates provisions related to teleconferencing, including require ments for remote participation, accessibility, and procedures for addressing disruptions to meeting access for City Council meetings. Some SB 707 provisions went into effect on January 1, 2026, while the most significant changes will become effective on July 1, 2026.

Among other requirements, SB 707 requires the City Council to adopt a disruption of telephonic or internet service policy for meetings of the City Council. This policy must be adopted by July 1, 2026.

ISSUES/ANALYSIS
Under SB 707, "eligible legislative bodies" will be subject to new requirements relating to the conduct of public meetings on July 1, 2026. SB 707 defines "eligible legislative bodies" as a City Council in a city with a population of 30,000 or more or in a county with a populati on of more than 600,000. The City Council of the City of Chino qualifies as an "eligible legislative body" under this definition and is therefore subject to the following requirements by July 1, 2026. City Commissions do not qualify as an eligible legislat ive body. The requirements are summarized below.

Mandatory Hybrid Meetings : Under this requirement, the public must be able to participate in-person plus through either a two-way telephonic or audiovisual platform to provide public comment.

Adopt a Disruption Policy : The City Council must adopt a policy that addresses disruptions of telephonic or internet service for meetings on or before July 1, 2026. This policy is attached as Resolution 2026-038.

Translation of Meeting Agendas: The City must tra nslate agendas and instructions on how to participate into any language, other than English, spoken jointly by 20% or more of the total population of the City and 20% of that language who also speak English less than "very well." The City of Chino is requi red to translate meeting agendas (but not the entire agenda packet) to Spanish.

Implement an Agenda Request System : A system must be in place for electronically accepting and fulfilling requests for agendas and meeting documents.

Public Meeting Information Webpage: The City must have an accessible webpage that is dedicated to information concerning public meetings.

Outreach for Meeting Participation : Eligible legislative bodies must make reasonable efforts to encourage meeting participation from groups t hat do not traditionally participate, such as outreach to media organizations serving non-English communities or civic engagement organizations. This law gives the eligible legislative body broad discretion to implement these efforts.

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CITY COUNCIL MEETING DATE: JUNE 2, 2026
TITLE: SENATE BILL 707 UPDATES AND ADOPTION OF A DISRUPTION OF SERVICE DURING A CITY COUNCIL MEETING POLICY.

PAGE: 3

Publicly Accessible Space for the Public to Post Translated Agendas : The City must provide a physical location, within reasonable proximity to where the City' s agendas are posted, accessible to the public, for the public to post additional translated agendas.

Support with Meeting Translation: The City must aid any public member who wishes to use a personal interpreter by giving them the space to accommodate the interpreter and extra time.

Below are additional important changes that went into effect on January 1, 2026:

Non-traditional Teleconferencing Expanded : Non-traditional teleconferencing provisions now include proclaimed state of emergency or local emergency and expand the "just cause" provision by folding in the basis of " emergency circumstances," and adding immunocompromised family member and military service obligations as grounds for the need to participate remotely. The "just cause" teleconferencing option requires a quorum of members to be in a physical location open to the public within the legislative body’s jurisdiction.

Remote Participation as ADA Reasonable Accommodation for Disabled Member : A member of the legislative body with a disability may participate remotely as a reasonable accommodation. This member must use audio and video unless the disability requires audio only and disclose the nature of the relationship and presence of any person age 18 and older present in the room at the remote location. This member will still count toward a physical quorum, and neither traditional nor non -traditional telec onferencing requirements apply (e.g., posting at the teleconferencing location).

Social Media Restrictions Sunset Date Removed : The January 1, 2026, sunset date for AB 992's social media restrictions has been removed, and the law will no longer expire.

This law prohibits a majority of the members of a legislative body from using social media platforms to discuss official business among themselves, including making posts, commenting and using "emojis." This law also prohibits a member of the legislative bod y from responding directly to any communication on an internet - based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is posted or shared by another member.

City staff is actively finali zing the implementation of SB 707, which establishes new standards for public participation. This work includes finalizing website updates, updating internal procedures, preparing community outreach, and coordinating necessary technology upgrades to ensure full compliance. All required components are being refined so that the City will be fully prepared for the implementation date of July 1, 2026.

It is recommended that the City Council receive this update on SB 707 and approve Resolution No. 2026-038 to a dopt a Disruption of Telephonic or Internet Service During Public Meetings Policy.

Attachment – Resolution 2026-038

475

RESOLUTION NO. 2026-038

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

CALIFORNIA, ADOPTING A POLICY ADDRESSING DISRUPTION OF

TELEPHONIC OR INTERNET SERVICE DURING PUBLIC MEETINGS

WHEREAS, the Ralph M. Brown Act (Government Code § 54950 et seq.) establishes requirements for open and public meetings of local legislative bodies; and

WHEREAS, Senate Bill 707 (2025) amended the Brown Act to update teleconferencing and access ibility requirements, including provisions related to remote participation in public meetings; and

WHEREAS, Government Code § 54953.4(b)(1)(A) requires eligible legislative bodies, on or before July 1, 2026, to adopt at a noticed public meeting in open session, and not on the consent calendar, a policy addressing disruption of telephonic or internet service during meetings conducted with remote participation; and

WHEREAS, the required policy must address procedures for recessing and reconvening a meeting in the event of a disruption and the efforts the legislative body will make to attempt to restore service; and

WHEREAS, Government Code § 54953.4 further requires that, in the event of a disruption preventing members of the public from observing or partic ipating in the meeting through a two-way telephonic or audiovisual platform, the legislative body shall recess the open session for at least one hour and make a good faith effort to restore service, and may not reconvene open session until at least one hou r has passed or service has been restored, whichever occurs first; and

WHEREAS, if telephonic or internet service has not been restored upon reconvening, the legislative body must make findings by roll call vote that good faith efforts to restore service have been made and that the public interest in continuing the meeting outweighs the public interest in remote public access; and

WHEREAS, adoption of a disruption of service policy is required to ensure compliance with state law and to promote transparency and continuity of public meetings; and

WHEREAS, the proposed policy addressing disruption of telephonic or internet service during meetings of the City of Chino has been prepared in accordance with Government Code § 54953.4 and is attached hereto as Exhibit A; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Adoption of Policy. The City of Chino hereby adopts the policy entitled “Disruption of Telephonic or Internet Service During Public Meetings,” substantially in the form attached hereto as Exhibit A.

SECTION 2. Implementation. The City Clerk is authorized and directed to implement the policy in coordination with agency staff, legal counsel, and technology support staff, as appropriate.

SECTION 3. Minor Modifications. The City Attorney may approve minor, non-substantive modifications to the policy as necessary to conform to applicable law, agency practices, or 476
RESOLUTION NO. 2026-038

formatting requirements, provided such modifications do not materially alter the intent of the policy.

SECTION 4. Certification. The City Clerk shall certify the adoption of this Resolution.

APPROVED AND ADOPTED THIS 2nd DAY OF JUNE, 2026.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA

CITY CLERK

477
RESOLUTION NO. 2026-038

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §.

CITY OF CHINO )

I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting held on the 2nd day of June 2026 by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

ATTACHMENT:

EXHIBIT A. Disruption of Telephonic or Internet Service During Public Meetings Policy

478
Administrative Policy
Disruption of Telephonic or Internet Service During Public Meetings

01225.0001 2103702.1

I. Background
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from attending or observing a meeting remotely.

This policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions.

II. Purpose
This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City of Chino, as required by the Brown Act (Gov. Code § 54953.4). The poli cy ensures transparency, public participation, and continuity of government during technology disruptions.

III. Definitions
For purposes of this policy:
 “Disruption” means any failure, outage, or other interruption that prevents members of the public from attending or observing the meeting via these remote access services.  “Remote access services ” means the two -way telephonic service and/or two -way audiovisual platform used to provide real-time remote public attendance and observation of meetings.

IV. Applicability
This policy applies to all open and public meetings of the City of Chino at which remote public participation is offered or required under the Brown Act.

V. Procedures in the Event of a Service Disruption
A. Response to Service Disruption
If the Mayor or City Clerk becomes aware of a disruption to the agency ’s remote access services that prevents members of the public from attending or observing the meeting remotely:

1. The Mayor or City Clerk shall immediately announce the disruption to the public.

2. The Mayor may then call for a recess of the open session or convene the legislative body in closed session, consistent with the Brown Act.

3. Staff shall begin efforts to diagnose and restore the disrupted service.

4. The meeting shall remain in recess for at least one hour o r until service is restored, whichever is sooner. The recess period may be extended if restoration efforts are ongoing. 479
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B. Efforts to Restore Service
The agency shall make good faith efforts to restore remote access services, which may include:
 Troubleshooting platform or teleconferencing software  Resetting or replacing audiovisual equipment
 Attempting alternative connection methods
 Contacting necessary support staff or service providers  Switching to back-up equipment or platforms, if available The City Clerk shall document the restoration efforts undertaken.

VI. Reconvening the Open Session
A. Timing
The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier.

B. If Service Is Restored
If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal.

C. If Service Is Not Restored
If service has not been restored after one hour, the Chino City Council may reconvene and:

1. Adjourn the meeting until service is restored; or

2. Continue the meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding:
“The City of Chino has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.” Upon adoption of the finding, the legislative body may continue the open session despite the fact that remote access services have not been restored.

VII. Recordkeeping
The City Clerk shall enter a brief statement into the meeting minutes, including the following:
 The nature and time of the disruption
 The restoration efforts undertaken
 The time the meeting was reconvened (if applicable)
 Any finding adopted pursuant to Section 6.3
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VIII. Review and Updates
This policy may be amended by the Chino City Council at a noticed public meeting in open session, not on the consent calendar.

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