Corona City Council
October 2, 2024

Wednesday, October 2, 2024
Closed Session Council Board Room 5:00 PM
Open Session Council Chambers 6:30 PM
** Revised agenda on October 1, 2024 at 6:00 p.m.

Item 10.1 - The presentation was revised **
This meeting will be conducted in person. You can participate remotely: https://coronaca-gov.zoom.us/j/86729880850

1. CONVENE CLOSED SESSION

1.1 CONFERENCE WITH LABORNEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representative: Jacob Ellis, City Manager Employee Organizations: Corona Executive Group Employees, Corona Firefighters Association IAFF Local #3757 (CFA), Corona Management/Confidential Group Employees, Corona Police Employees Association (CPEA), Corona Police Supervisors Associate (CPSA), Corona Public Service Employees Association (CPSEA), and Corona Supervisors Association (CSA)

1.2 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Possible Initiation of Litigation: (1 or more cases – McKinley Grade Separation Project)

2. INVOCATION - Pastor Rodney, The Assembly Church/RKM
The invocation may be offered by a person of any religion, faith, belief or non-belief, as well as Council Members. A list of volunteers is maintained by the City Clerk and interested persons should contact the Clerk for further information.

3. PLEDGE OF ALLEGIANCE

4. CONVENE OPEN SESSION
Individuals wishing to address the City Council are requested to complete a speaker card available at the rear of the Council Chambers. Please deliver the card to the City Clerk prior to the item being heard by the City Council or, for items not listed on the agenda, before the "Communications" section of the agenda is called.

Please observe a three-minute limit for communications and please note that the Communications section of the agenda is limited to items within the subject matter jurisdiction of the City Council that are not listed on the agenda. Once called upon to speak, you are requested to state your name and city of residence for the record.

5. PROCLAMATIONS/RECOGNITIONS/PRESENTATIONS

5.1 PROCLAMATION: CORONA NORCO UNIFIED SCHOOL DISTRICT – RED RIBBON WEEK

5.2 PROCLAMATION: FIRE PREVENTION WEEK

5.3 PROCLAMATION: WATER PROFESSIONAL’S WEEK

5.4 RECOGNITION: SUPPORT SISTERZ

5.5 RECOGNITION: AIDAN HERNANDEZ - EAGLE SCOUT PROJECT

5.6 RECOGNITION: EAGLE GLEN FIRE WISE COMMUNITY

6. MEETING MINUTES

6.1 MINUTES - SEPTEMBER 18, 2024
Approval of Minutes for the City Council, Successor Agency to the Redevelopment Agency of the City of Corona, Corona Public Financing Authority, Corona Utility Authority, Corona Housing Authority Study Session meeting of September 18, 2024

6.2 MINUTES - SEPTEMBER 18, 2024
Approval of minutes for the City Council, Successor Agency to the Redevelopment Agency of the City of Corona, Corona Public Financing Authority, Corona Utility Authority, Corona Housing Authority City Council meeting of September 18, 2024

7. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine matters, status reports or documents covering previous City Council action. The items listed on the Consent Calendar may be enacted in one motion. With the concurrence of the City Council, a Council member or any person in attendance may request that an item be removed for further consideration.

7.1 APPROVAL OF AN AMENDMENT TO THE 2017 FREEWAY MAINTENANCE AGREEMENT

BETWEEN CALTRANS AND THE CITY OF CORONA FOR THE PROPOSED STORM DRAIN BOX EXTENSION UNDERNEATH CORONA AVENUE AND INTERSTATE 15
That the City Council:

Approve the amendment to the Corona Avenue Undercrossing Exhibit shown in Exhibit A of the Freeway Maintenance Agreement executed on January 18, 2017, between the City of Corona and Caltrans.
a.

Authorize the Public Work Director to approve the amended Corona Avenue Undercrossing Exhibit shown in Exhibit A of the Freeway Maintenance Agreement. b.

7.2 PURCHASE OF FIRE STATION ALERTING SYSTEM EQUIPMENT FROM US DIGITAL DESIGNS BY HONEYWELL IN THE AMOUNT OF $160,314.38 FOR THE FIRE STATION NO. 2 REBUILD CAPITAL IMPROVEMENT PROJECT NO. FC-2022-20
That the City Council:

Approve the purchase of US Digital Designs by Honeywell fire station alerting system equipment in the amount of $160,314.38 as an exception to bid pursuant to Corona Municipal Code 3.08.140(C) – competitive bidding already completed. a.

Authorize the City Manager, or his designee, to issue a purchase order to US Digital Designs by Honeywell in the amount of $160,314.38.
b.

7.3 CREATION OF A NEW CAPITAL IMPROVEMENT PROJECT FOR THE REPLACEMENT OF HACH

INSTRUMENTATION AND ANALYZERS

That the City Council:

Authorize the creation of a new capital improvement project titled Obsolete Hach Instrumentation Replacement.
a.

Authorize an appropriation of $575,000 from the Water Utility Fund 570 and $255,000 from the Sewer Utility Fund 572 to the newly created project titled Obsolete Hach Instrumentation Replacement.
b.

That the Corona Utility Authority review, ratify, and to the extent necessary, direct that the City Council take the above actions.

7.4 ACCEPTANCE AND APPROPRIATION OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION SENATE BILL 125 TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM FUNDING FOR THE MCKINLEY STREET GRADE SEPARATION CAPITAL IMPROVEMENT PROJECT NO. ST2012-01 That the City Council:

Accept Senate Bill 125 Transit and Intercity Rail Capital Program funding from the Riverside County Transportation Commission in the amount of $10,000,000 for the McKinley Street Grade Separation Capital Improvement Project No. ST-2012-01. a.

Authorize the City Manager, or his designee, to execute a funding agreement between the City of Corona and the Riverside County Transportation Commission that allocates $10,000,000 from the Senate Bill 125 Transit and Intercity Rail Capital Program to the McKinley Street Grade Separation Capital Improvement Project No. ST-2012-01. b.

Authorize an estimated revenue increase in the amount of $10,000,000 in the Public Works Grants/Agreement Fund 243 and appropriate the same amount to the McKinley Street Grade Separation Capital Improvement Project No. ST-2012-01.
c.

7.5 APPROVE THE FUNDING/COOPERATIVE AGREEMENT WITH THE RIVERSIDE COUNTY FLOOD

CONTROL AND WATER CONSERVATION DISTRICT TO FUND THE DESIGN AND CONSTRUCTION OF THE CORONA MASTER DRAINAGE PLAN (MDP) LINE 5, STAGE 1 CAPITAL IMPROVEMENT PROJECT NO. ST-2025-03
That the City Council:

Approve the Funding/Cooperative Agreement with the Riverside County Flood Control and Water Conservation District for the design and construction of the Corona MDP Line 5, Stage 1 Capital Improvement Project No. ST-2025-03.
a.

Authorize the City Manager, or his designee, to execute the Funding/Cooperative Agreement with the Riverside County Flood Control and Water Conservation District to memorialize the mutual understandings by and between the District and City of Corona with respect to funding, design, construction, inspection, ownership, operation, and maintenance of the Corona MDP Line 5, Stage 1 Capital Improvement Project No. ST-2025-03. b.

Authorize an appropriation and an offsetting revenue increase in the amount of $3,510,000 from the Public Works Grants/Agreement Fund 243 for the Corona MDP Line 5, Stage 1 Capital Improvement Project No. ST-2025-03.
c.

7.6 FISCAL YEAR 2025 COMMUNITY EVENTS CO-SPONSORSHIP PROGRAM REQUESTS

That the City Council approve Phase II of the Co-Sponsorship Program for events occurring January through June 2025.

8. COMMUNICATIONS FROM THE PUBLIC
Persons wishing to address the City Council are requested to state their name and city of residence for the record. This portion of the agenda is intended for general public comment only, which means it is limited to items within the subject matter jurisdiction of the City Council that are not listed on the agenda. Please note that state law prohibits the City Council from discussing or taking action on items not listed on the agenda. The City Council will appreciate your cooperation in keeping your comments brief. Please observe a three-minute limit for communications.

9. PUBLIC HEARINGS
This portion of the agenda is for advertised public hearing items where formal public testimony on each individual item is accepted prior to City Council action.

9.1 PUBLIC HEARING AND ELECTION FOR ANNEXATION NO. 39 INTO COMMUNITYFACILITIES DISTRICT NO. 2016-3 (MAINTENANCE SERVICES)
That the City Council:

Adopt Resolution No. 2024-097, calling a special election and submitting to the qualified electors of the territory proposed to be annexed to Community Facility District No. 2016-3 (Maintenance Services) of the City of Corona the question of levying special taxes within the territory proposed to be annexed (Annexation No. 39).
a.

Adopt Resolution No. 2024-098, declaring the results of the special election for Community Facilities District No. 2016-3 (Maintenance Services) of the City of Corona on the proposition of the annual levy of special taxes within the territory proposed to be annexed to said Community Facilities District to pay the costs of certain services to be provided by the Community Facilities District, determining that the territory proposed to be annexed is added to and part of said Community Facilities District with full legal effect (Annexation No. 39). b.

9.2 ZONE TEXT AMENDMENT 2024-0003 OF THE CORONA MUNICIPAL CODE ADDING CHAPTER

2.38 (HISTORIC PRESERVATION BOARD) TO TITLE 2 (ADMINISTRATION AND PERSONNEL) AND AMENDING CHAPTER 17.63 (HISTORICAL RESOURCES) OF TITLE 17 (ZONING) OF THE

CORONA MUNICIPAL CODE
That the City Council:

Approve Zone Text Amendment 2024-0003, as recommended by the Planning and Housing Commission.
a.

Introduce, by title only, and waive full reading of consideration of Ordinance No. 3403, first reading of an ordinance adding Chapter 2.38 (Historic Preservation Board) to Title 2 (Administration and Personnel) and amending Chapter 17.63 (Historic Resources) of Title 17 (Zoning) of the Corona Municipal Code (ZTA2024-0003).
b.

10. ADMINISTRATIVE REPORTS
The portion of the agenda is for Council discussion and action on staff reports and new topics that may not be routine status reports, or documents covering previous City Council action.

10.1 RECEIVE AND FILE THE UTILITIES RATE STUDY ADMINISTRATIVE REPORT AS PREPARED BY ROBERT D. NIEHAUS, INC.

That the City Council receive and file the Utilities Rate Study administrative report.

That the Corona Utility Authority review, ratify, and to the extent necessary, direct that the City Council take the above actions.

10.2 RESOLUTION ADOPTING AN UPDATED URBAN FOREST MANAGEMENT PLAN AND ORDINANCE AMENDING CHAPTER 12.22
That the City Council:
a. Adopt Resolution No. 2024-084 approving the updated Urban Forest Management Program and repealing Resolution No. 2021-029.
b. Introduce, by title only, and waive full reading of consideration of Ordinance No. 3401, the first reading of an ordinance approving an amendment to Sections 12.22.030 and 12.22.050 of the Corona Municipal Code regarding the City’s responsibilities for maintenance of trees in parkways.

10.3 INNOVATION CENTER AT THE CORONA PUBLIC LIBRARY
That the City Council provide feedback on the construction of an Innovation Center at the Corona Public Library.

11. LEGISLATIVE MATTERS
The portion of the agenda is for proposed ordinances presented for the City Council's consideration.

11.1 ORDINANCE AMENDING CHAPTERS 2.35 AND 2.37 AND REPEALING CHAPTER 2.58 That the City Council introduce, by title only, and waive a full reading of consideration of Ordinance No. 3404, first reading of an ordinance amending Chapters 2.35 and 2.37 and repealing Chapter 2.58 of the Corona Municipal Code to merge the Planning Commission and Housing Commission into one Commission and to establish term limits for Housing Authority tenants if they are ever required by law to be appointed as additional commissioners and repealing resolution No. 12-024.

12. REPORTS FROM BOARDS AND COMMISSIONS
This portion of the agenda lists items from Commissions and Boards from the City Council, Commissioners, and Staff.

12.1 Library Board of Trustees

12.2 Planning & Housing Commission

12.3 Parks & Recreation Commission

12.4 Regional Meetings

12.4.a UPDATE FROM COUNCIL MEMBER WES SPEAKE ON THERIVERSIDE COUNTY

TRANSPORTATION COMMISSION(RCTC) WESTERN PROGRAMS MEETING OF SEPTEMBER 23, 2024

12.4.b UPDATE FROM COUNCIL MEMBER WES SPEAKE ON THE SANTA ANAWATERSHED

PROJECT AUTHORITY (SAWPA) ONE WATER/ONE WATERSHED STEERING COMMITTEEMEETING OF SEPTEMBER 26, 2024

12.4.c UPDATE FROM COUNCIL MEMBER WES SPEAKE ON THE BOARD OFDIRECTORS

OF THE WESTERN RIVERSIDE COUNTY REGIONAL WASTEWATER
AUTHORITY(WRCRWA) MEETING OF SEPTEMBER 26, 2024

12.4.d UPDATE FROM VICE MAYOR JIM STEINER ON THE RIVERSIDE TRANSITAGENCY (RTA) BOARD MEETING OF SEPTEMBER 26, 2024

13. CITY ATTORNEY'S REPORTS AND COMMENTS

14. CITY MANAGER'S REPORTS AND COMMENTS

15. CITY COUNCIL MEMBERS' REPORTS AND COMMENTS

16. FUTURE AGENDA ITEMS
This portion of the agenda is for items requested by the Mayor, Council Members or Staff for consideration at a future meeting. No immediate action is taken on Future Agenda Items; this section serves to highlight topics that will be considered at upcoming meetings. Council action on items that have appeared in this section takes place under Administrative Reports, when accompanied by a staff report.

1. Vehicle Purchasing/Leasing Program (Staff) October 16, 2024

2. Street Moratorium (Staff) November

3. Update to the Historic Resources Inventory (Speake) TBD

4. Historic Civic Center Operations Plan (Staff) TBD

5. Arterial Streets Median Enhancements (J. Steiner) TBD Ordinance preventing unsolicited advertising circulars, newspapers and other like-printed material being place on private property, except porches (Speake) TBD

6. 17. ADJOURNMENT
The next regular meeting of the City Council is scheduled for October 16, 2024 or thereafter as noted on the posted agenda for closed session items in the City Council Board Room followed by the regular meeting at 4:30 pm or thereafter as noted on the posted agenda in the City Council Chambers.

This meeting is being conducted in person as well as via teleconference. For members of the public wishing to submit written comments, please email comments to the City Clerk at [email protected] prior to the City Council meeting and your comments will be made part of the official record of proceedings.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the ADA Coordinator at (951) 736-2235. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Meeting is Being Recorded.

DRAFT
1 City of Corona
City Council Minutes- Final
Wednesday, September 18, 2024, 3:00 p.m.

Council Chambers
400 S. Vicentia Avenue
Corona, CA 92882
Council Present: Tom Richins
Jim Steiner
Jacque Casillas
Tony Daddario
Wes Speake
_____________________________________________________________________

1. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Savat Khamphou, Public Works Director.

2. CONVENE OPEN SESSION
Mayor called the meeting to order at 3:01 p.m.

3. COMMUNICATIONS FROM THE PUBLIC
None.

4. AGENDA ITEMS

4.1 UPDATE ON THE AMENDMENT TO THE DOWNTOWN

REVITALIZATION SPECIFIC PLAN AMENDING THE DOWNTOWN

COMMERCIAL DEVELOPMENT STANDARDS AND DESIGN

GUIDELINES
Joanne Coletta, Planning and Development Director, and Interwest Consulting Group, provided a presentation highlighting the following:

Goals Of The Update, Proposed Specific Plan Boundry Added Parcels, Specific Plan Boundry Land Use Districts, Community Outreach, Specific Plan Chapters with Major Updates, Development Standards, Existing Development Standards, Proposed Development Standards,
Development Standards Examples, Massing/Scale of New Buildings, Design Guidelines, Streetscape Design, Main Street, Gateway Signage Example, and Next Steps.

The Council had inquiries and Ms. Coletta provided clarification.

DRAFT
2 That the City Council receive the information and provide any feedback on the proposed changes to the Downtown Revitalization Specific Plan.

4.2 6TH STREET TRANSFORMATION DESIGN CONCEPTS
Keegan Olds, CIP Manager, and Consultant, provided a presentation highlighting the following: 6th Street Transformation Design Concepts, 6th Street Transformation Conceptual Design Options Overview, Option A, Option B, Design Precedents, Keynotes, Circulation & Connection Diagram, Section and Plan, Key Features Breakdown, Pros and Cons.

The Council had inquiries and provided comments.

That the City Council provide direction on the proposed 6th Street Transformation design concepts.

5. ADJOURNMENT
The next scheduled meeting of the Council is on September 18, 2024, at 6:30 p.m. Mayor Richins adjourned the meeting at 3:38 p.m.

DRAFT
1 City of Corona
City Council Minutes
Wednesday, September 18, 2024, 6:30 p.m.

Council Chambers
400 S. Vicentia Avenue
Corona, CA 92882
Council Present: Tom Richins, Jim Steiner, Jacque Casillas, Tony Daddario, Wes Speake

_____________________________________________________________________

1. CONVENE CLOSED SESSION
Closed Session Convened at 5:00 p.m. for the purposes listed below. Present were Mayor Richins, Vice Mayor Steiner, Council Member Casillas, Council Member Daddario, and Council Member Speake. Closed Session adjourned at 5:50 p.m.

1.1 CONFERENCE WITH LABORNEGOTIATORS

1.2 CONFERENCE WITH REAL PROPERTYNEGOTIATORS

1.3 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION

1.4 CONFERENCE WITH LEGAL COUNSEL- EXISTING &

ANTICIPATEDLITIGATION

2. INVOCATION - Pastor Shannon Scott, Grace Baptist Church The Invocation was led by Pastor Shannon Scott, Grace Baptist Church.

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Pastor Shannon Scott, Grace Baptist Church.

4. CONVENE OPEN SESSION
Mayor Richins called the meeting to order at 6:33 p.m.

5. PROCLAMATIONS/RECOGNITIONS/PRESENTATIONS

5.1 RECOGNITION: CAROLINE GREGORY – SENIOR LEGACY AWARD Caroline Gregory accepted the Recognition.

5.2 RECOGNITION: CALIBIKE E-BIKE DONATION
Park Ranger Irfan Razvi accepted the recognition.

6. MEETING MINUTES

6.1 MINUTES - SEPTEMBER 4, 2024

DRAFT
2 These Minutes were approved.

Moved by: Wes Speake
Seconded by: Tom Richins
Aye (5): Tom Richins, Jim Steiner, Jacque Casillas, Tony Daddario, and Wes Speake
MotionAPPROVED (5 to 0)

7. CONSENT CALENDAR
Moved by: Jacque Casillas
Seconded by: Wes Speake
Aye (5): Tom Richins, Jim Steiner, Jacque Casillas, Tony Daddario, and Wes Speake MotionAPPROVED (5 to 0)

7.1 CITY COUNCIL, SUCCESSOR AGENCYTO THE REDEVELOPMENT AGENCY

OF THE CITY OF CORONA, CORONA PUBLIC FINANCINGAUTHORITY,

CORONA UTILITY AUTHORITY, AND CORONA HOUSING AUTHORITY TO

RECEIVEAND FILE THE MONTHLY INVESTMENT PORTFOLIO REPORT FOR THE MONTH OF JULY 2024
This Financial Report was received and filed.

7.2 CITY COUNCIL, SUCCESSOR AGENCYTO THE REDEVELOPMENT AGENCY

OF THE CITY OF CORONA, CORONA PUBLIC FINANCINGAUTHORITY,

CORONA UTILITY AUTHORITY, AND CORONA HOUSING AUTHORITY TO

RECEIVEAND FILE THE MONTHLY FISCAL REPORT FOR THE MONTH OF JULY 2024
This Financial Report was received and filed.

7.3 CITY COUNCIL ADOPTION OF ORDINANCE NO. 3402, SECOND READING

OF AN ORDINANCE OF THE CITY OF CORONA, CALIFORNIA, APPROVING

AN AMENDMENT TO THE DOWNTOWN REVITALIZATION SPECIFIC PLAN (SP98-1) TO AMEND THE GENERAL RESIDENTIAL GUIDELINES (SPA2024- 0001)
This Ordinance was adopted.

7.4 GRANT FUNDING FROM THE CALIFORNIA LIBRARY LITERACY SERVICES PROGRAM IN THE AMOUNT OF $65,396 FOR ADULT AND FAMILY

LITERACY SERVICES
This Grant was approved.

That the City Council:
a. Accept grant funding from the California Library Literacy Services of $65,396 for the Corona Public Library’s Adult and Family Literacy Grant Project.

DRAFT
3 b. Authorize an appropriation and estimated revenue increase in the amount of $65,396 ($33,352 Adult Literacy Services and $32,044 Family Literacy Services) to the Community Services Department’s operating budget in the Adult and Family Literacy Grant Fund 442.
c. Authorize the City Manager or his designee to adjust the budget accordingly if the grantor distributes additional funds to grant participants.

7.5 FISCAL YEAR 2024 YEAR-END BUDGETARY ADJUSTMENTS
This Budgetary was approved.

That the City Council:
a. Authorize an appropriation in the amount of $1,121 from the General Fund 110 to the City Hall Whole Building Energy Efficiency Operating & Maintenance Project No. 73790 due to additional staff time spent on the project.
b. Authorize an appropriation in the amount of $22,889 from the Residential Refuse/Recycling Fund 260 to the Waste Disposal and Recycling operating budget for an increase in costs in the franchise agreement. c. Authorize an appropriation in the amount of $4,692 from the CFD 2016-3 Zone 18 Corona Interchange Commerce Center Fund 264 to the Public Works Department’s operating budget for special district administration costs.
d. Authorize a total appropriation in the amount of $65,564 ($62,838 from the LMD 84-1 Lighting Fund 446 and $2,726 from the Eagle Glen HOA Streetlight Fund 473) to the Public Works Department’s operating budget due to additional electric utility costs in those areas. e. Authorize a total appropriation in the amount of $722 across multiple CFD maintenance districts (see breakdown in the Analysis section) to the Community Services Department’s operating budget due to an increase in administration costs.
f. Authorize an appropriation in the amount of $83,467 from the Fleet Operations Fund 682 to the Public Works Department’s operating budget due to an increase in costs relating to fuel, parts/labor on city vehicles, prevention & maintenance materials, and interest expense. g. Authorize an appropriation in the amount of $1,635,655 from the Workers Compensation Fund 683 to the Legal and Risk Management
Department’s operating budget to adjust for a entry related to the updated value of projected claims.

8. COMMUNICATIONS FROM THE PUBLIC
Bobby Spiegel, resident, addressed the Council to provide a brief overview and thank staff for their help with the September 11th Remembrance.

Maddy Paxton, resident, addressed the Council and thanked everyone who participated in the September 11th Remembrance. She also thanked all Fire Fighters who helped with the current fires.

DRAFT
4 Lamondo Greer, YMCA, addressed the Council to provide an update on the YMCA's Summer Programs.

Terri Siegert Jaggers, Friends of the Library, addressed the Council to announce the Corona ReaderCon on September 28, 2024.

Joe Morgan, resident, addressed the Council and expressed his concerns with the time of the Study Session.

The following residents addressed the Council and expressed their concerns with the athletic field use fee: Ian Miller, Sarah Dobiesa, Al Vigil, and Rosa Casado.

9. PUBLIC HEARINGS
None.

10. ADMINISTRATIVE REPORTS

10.1 REQUEST BY COUNCIL MEMBER SPEAKE TO HAVE THE CITY CONSIDER

STUDYING AS INCLUSIONARY HOUSING ORDINANCE FOR MULTIPLE

FAMILY RESIDENTIAL DEVELOPMENTS
Joanne Coletta, Planning and Development Director, provided a report.

The Council provided comments and requested that the item be brought back to a future meeting.

Joe Morgan, resident, addressed the Council and expressed concerns with the proposed item.

That the City Council provide direction on whether it wishes staff begin undertaking the necessary steps necessary to consider the preparation of an inclusionary housing ordinance.

10.2 REQUEST BY COUNCIL MEMBER CASILLAS FOR STAFF TO RESEARCH THE CITY’S PARTICIPATION IN THE CALIFORNIA SERVICE CORPS

PROGRAM
Patrick Mann, City Management Fellow, provided a report.

The Council provided comments and staff direction.

That the City Council provide direction on the city's potential participation in the California Service Corps (CSC) Program.

11. LEGISLATIVE MATTERS
None.

12. REPORTS FROM BOARDS AND COMMISSIONS

12.1 Library Board of Trustees
The Library Board of Trustees report was received and filed.

12.1.a YEAR END TRUSTEE REPORT

12.1.b SUMMER AT YOUR LIBRARY REPORT 2024

DRAFT
5 12.1.c BUDGET UPDATE CORONA PUBLIC LIBRARY FISCAL YEAR 2025

12.1.d DUNGEONS & DRAGONS CAMPAIGN 2ND & 4TH TUESDAYS 5:30 - 7:30pm

12.1.e CHILDREN'S PAPER CRAFT PARTY TUES, SEPT 17TH 4:00 - 5:00PM, AGES 4-10

12.2 Planning & Housing Commission

12.2.a VARIANCE 2020-0003
The Council agreed to take no action.

That the City Council:
a. Take no action, thereby affirming the Planning and Housing Commission’s action granting V2020-0003, based on the finding contained in the staff report and conditions of approval.

OR
b. Set the item for review at a subsequent meeting.

12.2.b CONDITIONAL USE PERMIT 2024-0002
The Council agreed to take no action.

That the City Council:
a. Take no action, thereby affirming the Planning and Housing Commission’s action granting CUP2024-0002, based on the finding contained in the staff report and conditions of approval.

OR
b. Set the item for review at a subsequent meeting.

12.2.c AFFORDABLE HOUSING DENSITY BONUS 2023-0001
Joanne Coletta, Planning and Development Director, provided a report.

The Council provided comments and had inquiries. Ms. Coletta, the developer, and Dean Derleth, City Attorney, provided comments.

Moved by: Jim Steiner
Seconded by: Jacque Casillas
That the City Council:
a. Adopt the Mitigated Negative Declaration with the Mitigation Monitoring and Reporting Program and approve Affordable Housing Density Bonus Agreement 2023-0001 as recommended by the Planning and Housing Commission.

DRAFT
6 b. Authorize the City Manager to execute the Affordable Housing Density Bonus Agreement between the City of Corona and
Warmington Residential.

c. Notwithstanding Corona Municipal Code 17.87.090, direct the Affordable Housing Density Bonus Agreement to be recorded in the Official Records of the County of Riverside before the recordation of Tentative Tract Map 38495.

Aye (4): Jim Steiner, Jacque Casillas, Tony Daddario, and Wes Speake Nay (1): Tom Richins
MotionAPPROVED (4 to 1)

12.2.d TENTATIVE TRACT MAP 38495
Moved by: Wes Speake
Seconded by: Jim Steiner
That the City Council approve Tentative Tract Map 38495 based on the findings and conditions of approval as recommended by the Planning and Housing Commission.

Aye (5): Tom Richins, Jim Steiner, Jacque Casillas, Tony Daddario, and Wes Speake
MotionAPPROVED (5 to 0)

12.2.e PRECISE PLAN 2023-0009
The Council agreed to take no action.

That the City Council:
a. Take no action, thereby affirming the Planning and Housing Commission’s action granting PP2023-0009, based on the finding contained in the staff report and conditions of approval.

OR
b. Set the item for review at a subsequent meeting.

12.3 Parks & Recreation Commission
Joe Morgan, resident, addressed the Council regarding the proposed item.

12.3.a CITY PARK UPDATE & VALUE ENGINEERING

12.3.b SKYLINE PLAN UPDATE

12.3.c SERFAS CLUB PARK TIRE SWING REPLACEMENT

12.3.d SUMMER EVENTS FINALE

DRAFT
7 12.3.e SUMMER RECREATION BY THE NUMBERS

12.3.f PLANTING PROJECTS IN LMD'S AND CFD'S

12.3.g NATURE LESSONS FOR LITTLE EXPLORERS

12.4 Regional Meetings

12.4.a UPDATE FROM COUNCIL MEMBER WES SPEAKE ON THE

SOUTHERNCALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG)
TRANSPORTATION POLICYCOMMITTEE OF SEPTEMBER 5, 2024
Council Member Speake provided an update.

12.4.b UPDATE FROM COUNCIL MEMBER WES SPEAKE ON THE

RIVERSIDECOUNTY TRANSPORTATION COMMISSION (RCTC) MEETING OF SEPTEMBER 11, 2024
Council Member Speake provided an update.

12.4.c UPDATE FROM COUNCIL MEMBER JACQUE CASILLAS ON THE

WESTERNRIVERSIDE COUNCIL OF GOVERNMENTS (WRCOG)
MEETING OF SEPTEMBER 9, 2024
Council Member Casillas provided an update.

12.4.d UPDATE FROM MAYOR TOM RICHINS ON THE RIVERSIDE

COUNTYHABITAT CONSERVATION AGENCY (RCHCA) MEETING OF
SEPTEMBER 12, 2024
Mayor Richins provided an update.

13. CITY ATTORNEY'S REPORTS AND COMMENTS
Dean Derleth, City Attorney, noted that he had a reportable action for Closed Session Agenda item 1.3 – the City Council unanimously authorized the City to file a lawsuit against the City’s insurance carriers regarding the City’s claim for the Biosolids Dryer Facility explosion and to extend the Professional Services Agreement with our special legal counsel, Saxe Doernberger & Vita, P.C., sufficient to handle the litigation and/or resolution of the City’s insurance claim.

14. CITY MANAGER'S REPORTS AND COMMENTS
Jacob Ellis, City Manager, announced the upcoming Household Hazardous Waste event.

The event will be held at City Hall on September 28, 2024 and September 29, 2024.

15. CITY COUNCIL MEMBERS' REPORTS AND COMMENTS
Council Member Daddario provided an update on the RCA meeting of September 9, 2024.

Council Member Speake announced he is the Chair for Cal City Housing Community Development 2025. He provided a brief overview on the work being done by Cal Trans on the 15 freeway. He also thanked Cal Trans and RCTC for painting the pavement.

Mayor Richins provided a brief overview on the September 11th Remembrance. He also acknowledged the passing of Darlene and Wilson Flagg.

16. FUTURE AGENDA ITEMS

DRAFT
8 17. ADJOURNMENT
The next scheduled meeting of the Council is on October 2, 2024. Mayor Richins adjourned the meeting at 8:46 p.m. in honor of Darlene and Wilson Flagg.

DATE: 10/02/2024
TO: Honorable Mayor and City Council Members
FROM: Planning and Development Department
2024-51

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

APPROVAL OF AN AMENDMENT TO THE 2017 FREEWAY MAINTENANCE

AGREEMENT BETWEEN CALTRANS AND THE CITY OF CORONA FOR THE

PROPOSED STORM DRAIN BOX EXTENSION UNDERNEATH CORONA AVENUE AND INTERSTATE 15 (APPLICANT: CITY OF CORONA, PLANNING AND

DEVELOPMENT DEPARTMENT)
EXECUTIVE SUMMARY:

This staff report asks the City Council to approve an amendment to an existing Freeway Maintenance Agreement between the City and Caltrans to amend Exhibit A for the Corona Avenue undercrossing. The current agreement was executed in 2017 and includes the maintenance obligations of the City and Caltrans for certain facilities located along the Interstate 15 corridor within the City’s jurisdiction. Within the boundary defined by the 2017 Exhibit A is a drainage box underneath Corona Avenue and Interstate 15.

This box requires an extension to accommodate residential development associated with Tract Map 35851. However, Exhibit A of the Agreement does not show the existing drainage box. Consequently, the proposed Amendment will include this element, allowing Caltrans to issue an encroachment permit to the developer of Tract Map 35851 for the construction of the extension of the drainage box.

RECOMMENDED ACTION:

That the City Council:

a. Approve the amendment to the Corona Avenue Undercrossing Exhibit shown in Exhibit A of the Freeway Maintenance Agreement executed on January 18, 2017, between the City of Corona and Caltrans.
b. Authorize the Public Work Director to approve the amended Corona Avenue Undercrossing Exhibit shown in Exhibit A of the Freeway Maintenance Agreement.

BACKGROUND & HISTORY:

The City and Caltrans entered into a Freeway Maintenance Agreement in 20217 to define maintenance obligations for both parties for certain facilities located along the Interstate 15 corridor. The existing Agreement does not show the existing drainage box located underneath Corona Avenue and Interstate 15 in Exhibit A. The existing drainage box is 12 feet wide by 6 feet tall and will be extended westerly and encroach on a four-acre parcel approved for residential development according to Tract Map 35851. The storm water flows collected in the drainage box will outlet to the existing South Norco Channel, which is a Riverside County Flood Control facility.

The developer of Tract Map 35851 is responsible for designing and constructing the extension of the drainage box and is working with the Riverside County Flood Control District for the approval of the design. The new portion of the drainage box will match the size of the existing drainage box and extend approximately 170 linear feet, with approximately 66 linear feet of the drainage box constructed within Caltrans right-of-way.

Upon the completion of the construction of the drainage box, the Riverside County Flood Control District has agreed to operate and maintain the drainage box extension of approximately 170 linear feet.

ANALYSIS:

The amendment to the Corona Avenue undercrossing exhibit will now identify the location of the drainage box. This amendment meets the request by Caltrans to have this facility identified in the current Freeway Maintenance Agreement with the City. A separate agreement between the City and the Riverside County Flood Control District will be executed upon the completion of the construction of the drainage box, which will delegate the maintenance responsibility of the drainage box to the District.

FINANCIAL IMPACT:

There is no application fee associated with this request to amend the City’s existing Freeway Maintenance Agreement with Caltrans.

ENVIRONMENTAL ANALYSIS:

Per Section 15061(b)(3) of the State Guidelines for Implementing the California Environmental Quality Act (CEQA) and Section 3.06 of the City’s Local CEQA Guidelines, a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendment to the existing freeway maintenance

agreement between the City and Caltrans will have no significant effect on the environment.

PREPARED BY: MARIA MIRANDA, SENIOR ENGINEER
REVIEWED BY: JOANNE COLETTA, PLANNING AND DEVELOPMENT DIRECTOR ATTACHMENTS:

1. Exhibit 1 – Amended Exhibit A, Corona Avenue Undercrossing Exhibit

2. Exhibit 2 – Existing Freeway Maintenance Agreement dated January 18, 2017

LEGEND:
/
� ----I ........ � ---t ---I
12' x 6' REINFORCED
CONCRETE BOX ---,_

STORM DRAIN

LOCAL ROAD SEGMENT WITHIN FREEWAY R/W

LIMITS TO BE MAINTAINED BY CITY OF CORONA
12' x 6' REINFORCED CONCRETE BOX STORM

DRAIN WITHIN FREEWAY R/W LIMITS TO BE

MAINTAINED BY CITY OF CORONA

I I I I I I I I I ST A TE R/W
LOCATION 8: CORONA AVENUE UNDERCROSSING
I
en
(/)
I I I
•
I
I I I
en
2 Dist COUNTY
08 Riv

CORONA AVE UNDERCROSSING
BRIDGE NO. 56-0697 L/R
APPROVED:

ROUTE
15 - :::0
-�
SAVAT KHAMPHOU RCE. NO. 62019

CITY ENGINEER, CITY OF CORONA
APPROVED:

JOE SOLIS

POST MILE
SHEET
No.

42.4 9
DATE
DATE

DEPUTY DISTRICT DIRECTOR, MAINTENANCE

NO SCALE
TOTAL
SHEETS
10 I I

DATE: 10/02/2024
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2024-55

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

PURCHASE OF FIRE STATION ALERTING SYSTEM EQUIPMENT FROM US DIGITAL DESIGNS BY HONEYWELL IN THE AMOUNT OF $160,314.38 FOR THE FIRE STATION NO. 2 REBUILD CAPITAL IMPROVEMENT PROJECT NO. FC-2022-20 EXECUTIVE SUMMARY:

This staff report asks the City Council to approve the purchase of fire station alerting system equipment for the Fire Station No. 2 Rebuild Project from US Digital Designs by Honeywell in the amount of $160,314.38. The project will construct temporary living quarters for fire station personnel while the old station is being demolished and the new station rebuilt in its place.

RECOMMENDED ACTION:

That the City Council:
a. Approve the purchase of US Digital Designs by Honeywell fire station alerting system equipment in the amount of $160,314.38 as an exception to bid pursuant to Corona Municipal Code 3.08.140(C) – competitive bidding already completed. b. Authorize the City Manager, or his designee, to issue a purchase order to US Digital Designs by Honeywell in the amount of $160,314.38.

BACKGROUND & HISTORY:

The City of Corona (City) Strategic Plan commits to providing a safe community. When the American Rescue Plan Act (ARPA) was approved in 2021 in response to the COVID19 pandemic to aid in responding to the public health emergency, the City of Corona opted to use a portion of its $29 million allotment to meet this goal and rebuild Fire Station No. 2. Fire Station No. 2 was built in 1961, with an expansion in 1996. Due to the station’s age and needs to support the Fire Department’s many functions, the Fire Station No. 2 Rebuild Capital Improvement Project No. FC-2022-20, was created. The station has been under design for the past year.

On May 1, 2019, the Corona City Council approved the purchase of fire station alerting system equipment from US Digital Designs (USDD) based on an exception to bid and approved the End User’s Acknowledgement and Agreement. This purchase will follow the same terms and conditions approved by Council and Risk Management under the End User’s Acknowledgement and Agreement. Fire station alerting equipment is used to improve response times and provide an automated and redundant pathway means to alert fire department units to respond to emergencies. The USDD system and equipment were originally chosen after the Fire Department evaluated several systems and determined that USDD provided redundant, dual pathway alerting, flexible and modular system design, mobile device alerting, and robust technical support.

The USDD Fire Alerting System has been installed and in use in all seven of the City of Corona Fire Stations since the beginning of 2024.

ANALYSIS:

The new Fire Station No. 2 will be located on the same parcel as the existing fire station, at 225 E. Harrison Street. Temporary living quarters consisting of two customized mobile trailers will be constructed in the northeast corner of the lot, where fire personnel will be stationed during construction. A 9,044-square-foot apparatus storage building will also be constructed for use both during and after construction. To maintain continuity of function, these new buildings will require the installation and testing of fire station alerting system equipment prior to staff occupancy.

Once station personnel are relocated to the temporary living quarters, equipment in the current station will be removed, and the existing fire station will be demolished to make way for the new fire station. New system equipment will be installed during the construction of the new Fire Station No. 2. The equipment previously removed from the existing fire station will be stored for use as spare equipment to be re-utilized in other stations as needed.

Basis for Determination of Competitive Bidding
Pursuant to CMC 3.08.140(C), an exception to competitive bidding can be determined when the Purchasing Agent and the authorized contracting party, with the approval of the City Manager, determines that:
1) A competitive bid procedure has been conducted by another public agency including, but not limited to, another local agency, the state through the California

Multiple Award Schedule (CMAS), the federal government through the General Services Administration (GSA), the U.S. Communities Government Purchasing Alliance, or the Western States Contracting Alliance (WSCA); and 2) The price to the City is equal to or better than the price to that public agency.

The City of Corona is a member of the National Purchasing Partners Government (NPPGov). NPPGov is a national cooperative procurement organization offering publicly solicited contracts to government entities nationwide. These contracts are awarded through a public solicitation and award process by a lead public agency. NPPGov also focuses on fire/rescue and law enforcement members’ needs.

A lead public agency, the League of Oregon Cities (LOC), conducted Request for Proposals (RFP) No. 2020 public safety software solutions, data collection, storage, and utilization. RFP No. 2020 was issued on January 6, 2020, and published in various commercial publications. The RFP closed on March 9, 2020. Thirteen proposals were received and evaluated by the LOC. As a result of this RFP, US Digital Designs by Honeywell was awarded contract number PS20350. PS20350 is effective from June 2, 2020, through June 2, 2026. Based on this competitive procurement process, staff is requesting an exception to bid for this purchase.

Additionally, since federal funding is being utilized for this procurement, a non-competitive procurement can be used based on the Code of Federal Regulations for Procurement Standards. Section §200.320 (c) states that non-competitive procurement can only be awarded if one or more of the following circumstances apply:
(1) The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold;
(2) The item is available only from a single source;
(3) The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation;
(4) The federal awarding or pass-through entity expressly authorizes a noncompetitive procurement in response to a written request from the non-federal entity; or (5) After solicitation of a number of sources, competition is determined inadequate.

Because the City of Corona has already installed the USDD system and equipment at its fire stations and it is currently in use, USDD is the only source that this equipment can be purchased from. Therefore, these items are only available from a single source, and a non-competitive procurement method can be used.

FINANCIAL IMPACT:

Funding for the recommended actions is available in the Fire Station No. 2 Rebuild Capital Improvement Project No. FC-2022-20 within the American Rescue Plan Act (ARPA) Fund 413.

ENVIRONMENTAL ANALYSIS:

These actions are exempt from the California Environmental Quality Action (CEQA), as the actions are not a “project” as defined by CEQA (PRC Section 21065 and CEQA Guidelines Section 15378), guidelines which define a “project” as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or reasonable foreseeable indirect physical change in the environment, and that is an activity directly undertaking by any public agency including public works construction and related activities. These actions involve the approval of an agreement for the purchase of equipment. Therefore, no environmental analysis is required at this time.

PREPARED BY: TRACY MARTIN, SENIOR PROJECT MANAGER
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
ATTACHMENTS:

1. Exhibit 1 – Location Map

2. Exhibit 2 – Equipment Quotes

MAIN
J
O
BL
Y
AINE
GRAND

HARRISON
RINCON

PRINCELAND
VICTO
RIA
METRO

PROJECT SITE
Ü
MAIN
GRAND

CITY OF CORONA

PUBLIC WORKS DEPARTMENT
FIRE STATION NO. 2 REBUILD PROJECT
PROJECT NO. FC-2022-20
EXHIBIT 1 - LOCATION MAP

Quotation to:

City of Corona, CA
Corona Fire Department
Project:

G2 Fire Station Alerting System
1 Station System - Temp Station
Proposal number:

CA_CFD010
Revision #
1 Quote Date:
29-Jul-2024
Quote Expires:
27-Oct-2024
By:

Paul Gyore (ja)
Territory Manager
US Digital Designs, Inc.
1835 E Sixth St #27
Tempe, AZ 85281
602.828.0287 mobile
[email protected]
Installation by:

Not assumed or Included
by USDD
This proposal is subject to corrections due to errors or omissions Pricing pursuant to the Master Price Agreement entered into between League of Oregon Cities (LOC) and USDD, and made available to members of the National Purchasing Partners, LLC, dba Public Safety GPO, dba Law Enforcement GPO, and dba NPPgov - Contract #PS20350. More information available at: https://nppgov.com/contract/honeywell/
Corona Fire Department is a member: M-5722234
PROPRIETARY and CONFIDENTIAL TITLE Page 1 of 10

US DIGITAL DESIGNS QUOTE
1835 E. Sixth St. Suite #27
Tempe, Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 7/29/2024
Expires: 10/27/2024
Quote SUBMITTED TO:

City of Corona, CA
Corona Fire Department

REF PROPOSAL

STATION-LEVEL
Item Unit Mfr Qty Part No. Description US List Unit QUOTE UNIT QUOTE EXT SL1 Ea USDD 1 VA G2 VOICEALERT - Single Station License. $ 1,102.50 $ 992.25 $ 992.25 SL2 Ea/Yr USDD 24 G2-APP-DLI G2 MOBILE FSAS APP $ 124.50 $ 112.05 no charge Item Unit Mfr Qty Part No. Description US List Unit QUOTE UNIT QUOTE EXT SC1 Kit USDD 1 ATX
G2 ATX STATION CONTROLLER -
Power/Signal/Control up to 8 peripheral Remote
Options. 4 Unique Amps/Zones available.
$ 23,272.50 $ 20,945.25 $ 20,945.25
SC4a Ea TBD 1 UPS-STD ATX UPS, Standard $ 988.00 $ 889.20 $ 889.20 SC4b Ea TBD 1 UPS-WMB Shelf/Bracket, Wall-Mount for UPS $ 75.00 $ 67.50 $ 67.50 Item Unit Mfr Qty Part No. Description US List Unit QUOTE UNIT QUOTE EXT SP7 Ea USDD 1 MR2 G2 MESSAGE REMOTE 2 Module $ 1,525.00 $ 1,372.50 $ 1,372.50 SP8b Ea USDD 1 MS-G-S G2 MESSAGE SIGN (Digital LED) STANDARD GammaSign / 24" Active Screen Width $ 1,260.00 $ 1,134.00 $ 1,134.00 SP10a Ea USDD 5 RR2 G2 ROOM REMOTE 2 Module $ 2,167.00 $ 1,950.30 $ 9,751.50 SP11a Ea USDD 20 SPK-LED-FM G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v $ 374.00 $ 336.60 $ 6,732.00
SP12a Ea USDD 1 SPK-OAS G2 SPEAKER - OmniAlertStrobe - $ 1,050.00 $ 945.00 $ 945.00 Item Unit Mfr Qty Part No. Description US List Unit QUOTE UNIT QUOTE EXT SS3 Ea USDD 1 ST-SU Station Configuration & Start-Up $ 2,277.78 $ 2,050.00 $ 2,050.00 SS4 Ea USDD 1 ST-PM Station Project Management $ 911.11 $ 820.00 $ 820.00 SS5 Ea USDD 1 ST-ES Station Engineering / Design Services $ 364.44 $ 328.00 $ 328.00 SS6 Ea USDD 1 ST-DM Station Documentation $ 44.47 $ 40.02 $ 40.02 Item Unit Mfr Qty Part No. Description US List Unit QUOTE UNIT QUOTE EXT SW1 YR USDD 1.0 RS-1YR-STD [STANDARD] 1st YEAR WARRANTY & SUPPORT $ 4,758.80 $ 4,282.92 no charge
$ 46,067.22
$ 841.00
$ -
$ 3,322.36
$ 50,230.58
STATION 02 TEMP.

Shipping:

System:

STATION SUBTOTAL:

STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT Warranty & Support:

Estimated Tax:

STATION SYSTEM SERVICES
CA_CFD010 v1
STATION 02 TEMP.

STATION SYSTEM LICENSES

STATION SYSTEM CONTROLLER

STATION SYSTEM PERIPHERAL COMPONENTS
Based from USDD G2 Fire Station Alerting System Design Drawing # USDD.CA_CFD.FS02.TEMP.FSA.2024.07.24 PROPRIETARY and CONFIDENTIAL STATION 01 SYSTEM Page 2 of 10

02 - Because these are mission-critical systems, USDD can only warrant and support systems installed by G2 Trained and Certified Contractors. 03 - USDD can source, qualify, train and certify Local Licensed Regional Subcontrators where needed. 04 - Installation warranted by installation contractor - G2 FSAS warranted, serviced and supported by USDD. 05 - Unless specifically detailed in this proposal, installation to be performed during normal working hours.

Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support.

Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement.

USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file number. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rd-party system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations.

For FSAaaS Program: The cost of service and support beyond initial warranty period is included in the FSASaaS Program for a total of 5 years. The service and support includes Mobile Smart Phone Alerting App and Mapping Services. Please see the FSASaaS Subscription Agreement for more information concerning the service and support provided by USDD. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannnot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 01 - Unless specifically detailed in this proposal, no installation by USDD or it's subcontractors is assumed or provided.

Warranty & Support Notes:

Station System Installation Notes:
06 - Unless specifically detailed in this proposal, no permit fees or material charges have been included. 07 - Unless specifically detailed in this proposal, no removal or remediation has been assumed or included. 08 - Unless specifically detailed in this proposal, no bonds of any type (performance, bid) have been assumed,included or budgeted for in this proposal. 09 - USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival. 10 - Structural backing for system devices and other millwork (not specifically detailed) by others. 11 - If applicable, Gas Control Shutoff Valve Addendum (to USDD and installation contractor) must be signed prior to installation. 12 - All electrical power, including (but not limited to) raceway,conduit, backboxes, service panels, high-voltage wiring and fixtures by others. 13 - All communications pathway infrastructure (network, radio, etc.) by others unless specifically detailed in this proposal. 14 - USDD cannot warrant nor support any owner-furbished (3rd-Party) system or component we are required to integrate with. USDD cannot warrant nor support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments. 15 - Any misuse, unauthorized modification, improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage, transportation, or handling by any party other than USDD shall render this limited warranty null, void and of no further effect PROPRIETARY and CONFIDENTIAL STATION 01 SYSTEM Page 3 of 10

US DIGITAL DESIGNS QUOTE
1835 E. Sixth St. Suite #27
Tempe, Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 7/29/2024
Expires: 10/27/2024
Quote SUBMITTED TO:

City of Corona, CA
Corona Fire Department

REF PROPOSAL
50,230.58
46,908.22
-
3,322.36
Notes:

US Digital Designs System Total: $ 50,230.58
One (1) Station System currently included in this proposal with installation not included.

Section Totals

STATION-LEVEL SUBTOTAL
CA_CFD010 v1

SECTION TOTALS
[UNLESS OTHERWISE NOTED, ALL PRICES ARE $US]
STATION 02 TEMP. WARRANTY & SUPPORT:

STATION 02 TEMP. ESTIMATED TAX:

STATION 02 TEMP. SYSTEM: Includes:

PROPRIETARY and CONFIDENTIAL SECTION TOTALS Page 4 of 10

TERMS AND CONDITIONS OF USDD PRODUCT SALES
These U.S. Digital Designs, Inc. terms and conditions of sale (“Terms and Conditions”) are effective March 1, 2022 (the “Terms and Conditions Effective Date”), and supersede all prior versions covering the sale of products and related services (collectively, “Products”, as defined more specifically below) by U.S. Digital Designs, Inc. (“USDD”). References to “Customer”, “you”, or “your” all pertain to the purchaser of Products. These Terms and Conditions, together with any separate agreement you may have with USDD that specifically references these Terms and Conditions (collectively, the “Agreement”) set forth the entire agreement between the parties relating to your purchase of USDD Products. The Agreement may only be modified by an authorized representative of each party in a signed writing.

ORDERS. Orders (including any revised and follow-on orders) (each, an “Order”) for USDD Products are non-cancelable, except as expressly set forth herein, and will be governed by the terms of the Agreement. All Orders are subject to acceptance by USDD and shall include the following information: purchase order number; customer’s legal name and billing address; Customer’s shipping address; and a list of the Products and quantities for each different type of Product Customer wishes to order. USDD’s acknowledgment of its receipt of an Order shall not constitute acceptance of such Order. An Order is deemed to be accepted upon the earlier of (i) USDD’s written acceptance or (ii) shipment of the Products specified in the Order.

Any conflicting, additional, and/or different terms or conditions on Customer’s Order or any other similar instrument are deemed to be material alterations and are rejected and not binding upon USDD. USDD’s acceptance of Customer’s Order is expressly conditioned upon Customer’s assent to the terms and conditions contained herein in their entirety. Customer’s acceptance of delivery from USDD constitutes Customer’s acceptance of these terms and conditions in their entirety.

REMITTANCES. All invoices shall be due and payable upon receipt in United States currency, free of exchange or any other charges, or as otherwise agreed in writing by USDD.

QUOTE PRICING. This proposal expires 30 days after its date. Prices are subject to correction for error. Prices, terms, conditions, and Product or Service specifications are subject to change without notice. Pricing is subject to immediate change upon announcement of Product discontinuance.

PAYMENT.

4.1. Invoicing & Payment. USDD reserves the right to invoice Customer monthly for all materials delivered. Invoices are due thirty (30) days from the date of the invoice, unless prepayment is required in the quote. If the Customer becomes overdue in any progress payment, USDD shall be entitled to suspend further shipments, shall be entitled to interest at the annual rate of 18%, or the maximum amount allowed by law, and shall also be entitled to avail itself of any other legal or equitable remedies. Customer agrees that it will pay and/or reimburse USDD for any and all reasonable attorneys’ fees and costs which are incurred by USDD in the collection of amounts due and payable hereunder.

4.2. Payment Disputes. Any disputes must be provided to USDD as soon as possible and must be accompanied by detailed supporting information. Disputes as to invoices are deemed waived fifteen (15) days following the invoice date. In the event that any portion of an invoice is undisputed, such undisputed amount must be paid by no later than the invoice due date.

4.3. No Set Off. Neither Customer nor any related entities (or representatives or agents thereof) shall attempt to set off or recoup any invoiced amounts or any portion thereof against other amounts that are due or may become due from USDD, its parent, affiliates, subsidiaries or other legal entities, business divisions, or units.

4.4. Credit Card Payments. All USDD quotes are developed for the Customer with the understanding the eventualany purchase of the Products listed thereon willwould be facilitated usingsubject to USDD’s standard Purchase Order and Invoice process. If Ccustomer would rather seek to use a Credit Card for purchase, then said order would be subject to a 4% credit card surcharge.

SURCHARGES.

5.1. In addition to any Product repricing under Section 8.2, USDD may, from time-to-time and in its sole discretion, issue surcharges on new and existing Orders in order to mitigate and/or recover increased operating costs arising out of or related to, without limitation: (a) foreign currency exchange variation, (b) increased cost of third-party content, labor and materials, (c) impact of government tariffs or other actions, and (d) any conditions that increase USDD’s costs, including without limitation increased labor, freight, material or supply costs, or increased costs due to inflation (collectively, “Surcharges”). Such Surcharges will not be considered a “price increase” as contemplated hereunder and will be effective upon notice to Customer. For avoidance of doubt, Orders placed prior to the Terms and Conditions Effective Date which have not been delivered, including those on backlog or which requested delivery more than twelve (12) months from the date of Order, are subject to Surcharges.

PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 5 of 10

5.2. USDD will invoice Customer, and Buyer agrees to pay for any Surcharges pursuant to the standard payment terms in these Terms and Conditions. If a dispute arises with respect to Surcharges and that dispute remains open for more than fifteen (15) days, USDD may, in its sole discretion, withhold performance or future shipments, or combine any other rights and remedies under this Agreement or permitted by law, until the dispute is resolved. The terms of this Section shall prevail in the event of inconsistency with any other terms in these Terms and Conditions.

Any Surcharges, as well as the timing, effectiveness, and method of determination thereof, will be separate from and in addition to any changes to pricing that are affected by any other provisions in these Terms and Conditions.

CANCELLATION AND SUSPENSION. Any Order resulting from this proposal is subject to cancellation or instructions to suspend work by the Customer only upon agreement to pay USDD for all work in progress, all inventoried or ordered project parts and materials, and all other costs incurred by USDD related to the Order.

TAXES. USDD’s pricing excludes all taxes (including but not limited to sales, use, excise, value-added, and other similar taxes), tariffs and duties (including, but not limited to, amounts imposed upon the Product(s) or bill of material thereof under any Trade Act, including, but not limited to, the Trade Expansion Act, section 232 and the Trade Act of 1974, section 301) and charges (collectively “Taxes”). All Taxes of any kind levied by any federal, state, municipal or other governmental authority, which tax USDD is required to collect or pay with respect to the production, sale, or delivery of products sold to Customer, shall be the responsibility of and be invoiced to Customer, unless, at the time of Order placement, Customer furnishes USDD with a valid exemption certificate or other documentation sufficient to verify exemption from Taxes, including, but not limited to, a direct pay permit. Customer agrees to pay all such Taxes and further agrees to reimburse USDD for any such payments made by USDD.
ced Fire Department is Member # M-5708985 SHIPPING/DELIVERY/RISK OF LOSS.

8.1. Delivery Liability. Delivery and shipment dates for Products are estimates only. Deliveries may be made in partial shipments. USDD and its affiliated entities are not liable, either directly or indirectly, for delays of carriers or delays in connection with any Force Majeure Event (as defined in Section 17 below), and the estimated delivery date shall be extended accordingly.

8.2. Future Delivery and Repricing. USDD will schedule delivery in accordance with its standard lead times unless the Order states a later delivery date or the parties otherwise agree in writing. USDD will accept Orders with a future ship date of up to eighteen (18) months from the date of the entry of the Order. Customer agrees that in the event an Order is scheduled to be delivered more than six (6) months from the date of the entry of the Order, USDD may, in its sole determination and at each six (6) month anniversary of the date of the entry of the Order, adjust the pricing of the Order to conform to the then-current prices of the USDD Products included in the Order. USDD will include any repricing in its final invoice related to the Order.

8.3. Storage Fees. If delivery takes place more than six (6) months from the date of the entry of the Order, Customer agrees to pay USDD a storage fee (the “Storage Fee”), as set forth in the quote, for each month after six (6) months from the date of the entry of the Order Customer has not taken delivery of the Products in the Order. USDD will separately invoice any storage fees owed under this Section at the end of each month for which the storage fees are owed.

8.4. Title & Risk of Loss. Unless otherwise specifically detailed in this quote, delivery terms for Products (excluding software and services) are (i)

EX Works (EXW Incoterms 2020) USDD’s point of shipment (“USDD Dock”) for all shipments (except that USDD is responsible for obtaining any export license), and (ii) F.O.B. USDD Dock for all domestic shipments. For shipments from a USDD Dock to a Buyer location within the same country, the import/export provisions of the INCOTERMS do not apply. USDD shall be responsible for obtaining insurance on each shipment to Customer for the full value of the shipment. Shipment shall be to a single point of delivery.

LIMITED WARRANTY. CUSTOMER’S EXCLUSIVE REMEDIES AND USDD’S SOLE LIABILITY AS TO ANY WARRANTY CLAIM ON ANY PRODUCT SOLD IN CONNECTION WITH THIS QUOTE IS AS SET FORTH IN THIS SECTION. SUCH REMEDIES ARE IN LIEU OF ANY

OTHER LIABILITY OR OBLIGATION OF USDD, INCLUDING WITHOUT LIMITATION ANY LIABILITY OR OBLIGATION FOR DAMAGE, LOSS,

OR INJURY (WHETHER DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL) ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS. CREDIT, REPAIR OR REPLACEMENT (AT USDD’S OPTION) IS THE SOLE REMEDY PROVIDED HEREUNDER. NO EXTENSION OF THIS WARRANTY WILL BE BINDING UPON USDD UNLESS SET FORTH IN WRITING AND SIGNED BY A USDD AUTHORIZED REPRESENTATIVE.

9.1. Product Warranty Terms. Subject to the terms, conditions and limitations contained herein, and unless USDD has otherwise provided an alternative written warranty (in which case the terms of such warranty will control), USDD warrants and guarantees its products will be free from defects in workmanship and materials (collectively, “Defects”) for 12 months from the date of shipment to Customer (“Warranty Period”). This limited warranty does not cover defects caused by normal wear and tear or maintenance.

PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 6 of 10

9.2. Product Defects. If a Defect with a Product arises and a valid claim is made within the Warranty Period, Customer shall initiate the RMA process as described below. Upon approval, USDD, at its option, will either (1) repair the Product defect at no charge, using new parts or parts equivalent to new in performance and reliability or (2) exchange the Product with a Product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original Product. Any replacement Product or part, including a user-installable part that has been installed in accordance with instructions provided by USDD, shall remain under warranty during the Warranty Period or for ninety (90) days from the date of repair, whichever is longer. When a Product or part is exchanged, any replacement item becomes the Customer’s property and the replaced item becomes the property of USDD. Parts provided by USDD in fulfillment of its warranty obligation must be used in the same USDD Fire Station Alerting System for which the warranty claim is made.

9.3. Procedure for Warranty Claims.

9.3.1. Prior to making a Warranty claim, Customer is encouraged to review USDD’s online help resources. Thereafter, to make a valid claim hereunder, Customer must contact USDD technical support and describe the problem or defect with specificity. The first such contact must occur during the Warranty Period. USDD’s technical support contact information can be found on USDD’s web site at http://stationalerting.com/home/about-usdd/contact-usdd/. Customer must use its best efforts to assist in diagnosing defects, follow USDD’s technical instructions, and fully cooperate in the diagnostic process. Failure to do so shall relieve USDD of any further obligation hereunder.

9.3.2. Customer shall be responsible for appropriately packing and shipping Products, to USDD for repair, and shall bear all risks and costs associated withof, shipping any Product to USDD for repairthe same. USDD shall be responsible for, and bear all risks and costs of, returning any Product to Customer after repair or replacement, but Customer will be responsible for paying any customs or import duties payable upon receipt of any repaired or replacement Products. A replacement Product will be returned to Customer configured as it was when the Product was originally purchased, subject to applicable updates.

9.4. Return Material Authorization Process. If a Customer makes a warranty claim for a Product during the Warranty Period, the Customer shall provide USDD with the Product model and serial number and failure information to initiate the RMA process. Upon USDD’s issuance of the RMA, USDD will send the replacement Product, shipped postage paid ground shipping, to the address provided by Customer. RMA requests approved between 12:00 a.m. and 2:00 p.m. Mountain Standard Time are shipped on the same business day. After 2:00 p.m. Mountain Standard Time, the replacement Product is shipped on the next business day. All RMA requests are processed on the business day on which the request was received, excluding holidays. Included with the shipped package will be return shipment instructions and a pre-paid return shipping label for the Product that the Customer is returning. The original Product must be returned in the shipping box provided by USDD. No goods will be accepted for exchange or return without a pre-approved RMA number or which have not been properly packaged in USDD’s shipping box to ensure that goods are not damaged due to improper packing and the shipping process. The original Product must be shipped back within 10 days of receiving the replacement. Failure to return the original Product, or failure to return in an appropriate manner, will cause Customer to incur a replacement charge equal to full market value of the replacement Product.

9.5. No Fault Found. USDD reserves the right to charge 50% of the standard repair price if the returned Product is found to have no defect covered by the Warranty. Customer understands that this fee is intended to discourage return of Products prior to proper troubleshooting or return because the product is “old.” Product returns will not be allowed if, upon examination of the returned Product, it is determined that the Product was subjected to accident, misuse, neglect, alteration, improper installation, unauthorized repair, improper testing, or poor packaging upon return. In such event, USDD shall invoice Customer for the full market value of the replacement Product.

9.6. WARRANTY EXCLUSIONS & DISCLAIMERS.

9.6.1. USDD does not warrant that the operation of its Products or any related peripherals will be uninterrupted or error-free. USDD further does not warrant nor support any system configuration that deviates from this specific quote’s documented station system design file number.

9.6.2. USDD does not warrant or support any system not installed by G2 Trained & Certified Installation technician (installer). If Customer intends to tie this system into any 3rd-party system or devices, USDD will be unable to warrant or support the Products unless USDD has had a chance to review documented engineering assumptions and approve system integrity, performance, and reliability expectations.

9.6.3. USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the use of the Products. This Warranty does not apply to any Products, including the hardware or software, not used for its intended purpose.

9.6.4. USDD cannot warrant nor support any system not using USDD-approved Uninteruptable Power Supply Battery Backup. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of hardware and user data (including passwords) are not covered under this Warranty.

PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 7 of 10

9.6.5. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-USDD products; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the Product outside the permitted or intended uses described by USDD; (f) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) to a Product or part that has been modified to alter functionality or capability without the written permission of USDD; (h) to Software (as defined below); (i) to any other damage caused by an event or action outside of USDD’s control, including, without limitation, Customer’s failure to apply required or recommended updatres or patches to any Software or Product; or (h) if any serial number has been removed or defaced.

LIMITATIONS OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND

CONDITIONS AND ANY OTHER REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE

LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties, then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion.

No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS, AND TO THE EXTENT

PERMITTED BY LAW, USDD IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES

RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; AND LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY

INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS

OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT.

ALL PRODUCT CLAIMS ARE LIMITED TO THOSE EXCLUSIVE REMEDIES SET FORTH IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS. USDD’S AGGREGATE LIABILITY IN CONNECTION WITH THEREWITH SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS PAID BY CUSTOMER TO USDD FOR THE PRODUCTS GIVING RISE TO THE CLAIM.

CUSTOMER SHALL NOT BRING A LEGAL OR EQUITABLE ACTION AGAINST USDD MORE THAN ONE YEAR AFTER THE FIRST EVENT GIVING RISE TO A CAUSE OF ACTION, UNLESS A SHORTER LIMITATIONS PERIOD IS PROVIDED BY APPLICABLE LAW. USDD disclaims any representation that it will be able to repair any Hardware under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.

SERVICE AGREEMENT. The Product being purchased hereunder is not subject to any post-Warranty service agreement or maintenance program unless specifically contracted for between USDD and Customer. USDD offers a comprehensive post-Warranty Service Agreement at additional cost. Customer should contact USDD regarding its Service Agreement and costs associated therewith.

SOFTWARE PRODUCTS. All software Products delivered by USDD to Customer or for which USDD provides access, including, without limitation, USDD’s mobile application software and Products with embedded software or firmware (collectively, “Software”) are not sold and are licensed. At all times that Customer is in compliance with the terms of these Terms and Conditions and any other agreement between the parties, Customer shall have a non-exclusive, non-transferable, fully paid license to use the Software, but only in conjunction with the Products provided by USDD and Customer’s fire station alerting system (the “License”). The terms of such Software License may be set forth in a separate software license agreement or end user license agreement provided by USDD with such Software. In no event shall Customer have any right to (or authorize or allow any third party to) distribute, sell, lend, rent, transfer, or convey the Software; grant any sublicense, lease, or other rights in the Software; decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct, identify, or discover any source code, underlying user interface architecture or techniques, or algorithms of the Software by any means; or take any action that would cause the Software or any portion of it to be placed in the public domain. In the event of a conflict between the terms of any Software license terms provided upon download or purchase a purchase and these Terms and Conditions, the relevant Software license terms shall control solely with respect to such Software.

PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 8 of 10

INTELLECTUAL PROPERTY: Customer hereby agrees and acknowledges that USDD owns all rights, title, and interest in and to the Intellectual Property (as defined below). Customer agrees to not remove, obscure, or alter USDD’s or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through USDD’s Product (as defined below). Nothing herein shall be deemed to give, transfer, or convey to Customer any rights in the Intellectual Property other than the License, as set forth above. For purposes of this Section,“Intellectual Property" means any and all rights of USDD related to USDD’s Products existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all derivative works, work product, applications, renewals, extensions and restorations thereof, now or hereafter in force and effective worldwide.

REMOTE ACCESS TO THE SYSTEM.

14.1. Remote Access. USDD requires remote network access to the Customer’s Products through Secure Shell (SSH) to perform implementation and support tasks under this Agreement. To enable remote network access, the Customer will provide USDD support personnel VPN or similar remote network access to the Products for USDD support personnel (“Customer Support”) to effectively troubleshoot critical or complex problems and to expedite resolution of such issues. Remote network access is also used to install core software upgrades and customized software. USDD will only access Customer’s Products with the knowledge and consent of Customer. USDD will not access any other systems or data.

14.2. Alternative to Network Access. If the Customer elects not to provide remote network access to the Products, then USDD may not be able to perform some support functions. Customers that elect not to routinely provide network access may temporarily reinstate this access to allow USDD to perform the above services. The following services will not be performed without this access: Product software upgrades; Product software customization; Network troubleshooting assistance including packet capture and network monitoring on USDD devices; Detailed log analysis; Bulk updates to certain Product database tables; Troubleshooting that requires low-level system access or large file transfer.

14.3. Timely Access. Customers much ensure that remote access is available prior to notifying USDD of a support request. In the event that the Customer is unable to provide remote access, USDD will not be required to provide support outside those tasks that do not require remote access, and any corresponding resolution response times will not apply.

14.4. Physical Security Tokens. USDD has multiple software engineers that provide after-hours support and these engineers do not typically take security tokens from the USDD office. If the customer requires the use of physical security tokens, this may delay after hours service.

GOVERNING LAW. This proposal and any contract or agreement resulting therefrom will be governed by and construed according to the laws of the State of Arizona without regard to its conflicts of law principles.

DISPUTE RESOLUTION/ARBITRATION. Before either USDD or Customer initiate any dispute resolution process related to the Agreement, they must schedule a mandatory executive resolution conference to be held within thirty (30) days of receipt of the other party’s written request.

The conference must be attended by at least one executive from each party. At the conference, each party will present its view of the dispute in detail and the executives will enter into good faith negotiations in an attempt to resolve the dispute. If the dispute is not resolved within fifteen (15) days of the end of the conference or if one party refuses to attend the executive resolution conference, then USDD and Customer further agree that any remaining dispute between them arising out of or relating to this Agreement will be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, to the extent such rules are not inconsistent with this Section, in the AAA’s Phoenix regional office by a single, neutral arbitrator. Discovery may be conducted either upon mutual consent of the parties or by order of the arbitrator upon good cause being shown. In ruling on motions pertaining to discovery, the arbitrator shall consider that the purpose of arbitration is to provide for the efficient and inexpensive resolution of disputes, and the arbitrator shall limit discovery whenever appropriate to ensure that this purpose is preserved. The arbitrator shall permit dispositive motions and issue a written decision sufficient to explain the essential findings and conclusions and may award damages. Any award rendered by the arbitrator will be final and binding upon USDD and Customer, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. USDD and Customer expressly and irrevocably consent to the jurisdiction of the Maricopa County Superior Court of Arizona for such purpose. In the event a dispute is submitted to arbitration pursuant to this Section, the prevailing party shall be entitled to the payment of its reasonable attorneys’ fees and costs, as determined by the arbitrator. Each of the parties shall keep all disputes and arbitration proceedings strictly confidential, except for disclosures of information required by applicable law or regulation.

PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 9 of 10

FORCE MAJEURE. Except for Customer’s duty to pay sums due hereunder, neither party will be liable to the other for any failure to meet its obligations due to any Force Majeure Event. As used herein, a “Force Majeure Event” is one that is beyond the reasonable control of the nonperforming party and may include, but is not limited to: (a) delays or refusals to grant an export license or the suspension or revocation thereof, (b) embargoes, blockages, seizure or freeze of assets, or any other acts of any government that would limit a party’s ability to perform the Contract, (c) fires, earthquakes, floods, tropical storms, hurricanes, tornadoes, severe weather conditions, or any other acts of God, (d) quarantines, pandemics, or regional medical crises, (e) labor strikes, lockouts, or pandemic worker shortages, (f) riots, strife, insurrection, civil disobedience, landowner disturbances, armed conflict, terrorism or war, declared or not (or impending threat of any of the foregoing, if such threat might reasonably be expected to cause injury to people or property), and (g) shortages or inability to obtain materials or components. The party unable to fulfill its obligations due to Force Majeure will promptly (i) Notify the other in writing of the reasons for its failure to fulfill its obligations and the effect of such failure; and (ii) Use all reasonable efforts to avoid or remove the cause and perform its obligations.

If a Force Majeure Event results in a delay, then the date of performance will be extended by the period of time that the non-performing party is actually delayed or for any other period as the parties may agree in writing. In the event that a Force Majeure Event is ongoing for a period of time which is sixty (60) days or longer, USDD may provide notice to Customer that it is cancelling its Order.

ACCEPTANCE OF TERMS. This proposal shall become a binding contract between the Customer and USDD when accepted in writing by the Customer. Without limiting the foregoing, issuance by Customer of a purchase order to USDD for any of the goods or services herein described shall constitute acceptance. Any such acceptance shall be with the mutual understanding that these Terms and Conditions of this proposal are a part thereof with the same effect as though signed by both parties named herein and shall prevail over any inconsistent provision of said order.

No waiver, alteration, or modification of these terms and conditions shall be binding unless in writing and signed by an authorized representative of USDD.

SEVERABILITY. In the event any provision or portion of a provision herein is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions shall not be affected and, in lieu of such provision, a provision as similar in terms as may be legal, valid, and enforceable shall be added hereto.

WAIVER. The failure of either party to insist upon strict performance of any provision of these Terms and Conditions, or to exercise any right provided for herein, shall not be deemed to be a waiver for the future of such provision or right, and no waiver of any provision or right shall affect the right of the waiving party to enforce any provision or right herein.

NO JOINT VENTURE. The parties acknowledge that they are independent entities and nothing contained in these Terms and Conditions shall be construed to constitute either party hereto as the partner, joint venturer, employee, agent, servant, franchisee, or other representative of the other party hereto, and neither party has the right to bind or obligate the other, except as otherwise provided herein. Furthermore, nothing contained in these Terms and Conditions shall be construed to constitute Customer as an exclusive purchaser of the Products in any respect.

THIS QUOTE SUBJECT TO REVIEW FOR ERRORS AND OMISSIONS.

PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 10 of 10

DATE: 10/02/2024
TO: Honorable Mayor and City Council Members
Honorable President and Board Members
FROM: Utilities Department
2024-71

REQUEST FOR CITY COUNCIL AND

CORONA UTILITY AUTHORITY ACTION
SUBJECT:

CREATION OF A NEW CAPITAL IMPROVEMENT PROJECT FOR THE

REPLACEMENT OF HACH INSTRUMENTATION AND ANALYZERS
EXECUTIVE SUMMARY:

This staff report asks the City Council to create and fund an operations/maintenance capital improvement project to replace Hach's obsolete instrumentation and analyzers used in the water and sewer treatment process.

RECOMMENDED ACTION:

That the City Council:
a. Authorize the creation of a new capital improvement project titled Obsolete Hach Instrumentation Replacement.
b. Authorize an appropriation of $575,000 from the Water Utility Fund 570 and $255,000 from the Sewer Utility Fund 572 to the newly created project titled Obsolete Hach Instrumentation Replacement.

That the Corona Utility Authority review, ratify, and to the extent necessary, direct that the City Council take the above actions.

BACKGROUND & HISTORY:

The Utilities Department uses online instrumentation and analyzers in the treatment process for water and wastewater. Staff estimates there are a total of 297 analyzers installed in the City’s water and wastewater treatment facilities. Approximately 177 (60%) of these analyzers are obsolete and no longer supported by the manufacturer.

ANALYSIS:

The Utilities Department recommends the replacement of all obsolete Hach analyzers for water and wastewater facilities to ensure ongoing regulatory compliance and operational efficiency. The City’s exclusive standard for instrumentation and analyzers is Hach products. Hach provides third-party manufacturer calibration and support for these regulatory compliance analyzers annually. Hach has provided reduced maintenance pricing, which was increased because of the obsolete equipment still in use. To reduce ongoing maintenance costs, the Department is committed to replacing obsolete units out of production and no longer supported. Hach has provided the following estimated values, including shipping and sales tax, for the replacement of this equipment. These prices reflect a discount of 15% to 40%, depending on the product type.

Utility Device
Count
Estimate
Water 99 $575,000
Sewer 78 $255,000
Total 177 $830,000
The City has an existing purchase order authorization for Hach products; therefore, today's recommended action is to create and fund a capital improvement project to track expenses related to this project and ensure proper capitalization of the City’s assets.

FINANCIAL IMPACT:

Approval of the recommended actions will result in an appropriation of $575,000 from the Water Utility Fund 570 and $255,000 from the Sewer Utility Fund 572 to the newly created capital improvement project titled Obsolete Hach Instrumentation Replacement. There is sufficient working capital in the Water Utility Fund 570 and Sewer Utility Fund 572 for the recommended actions.

Fund Requested
Appropriation
570 $575,000
572 $255,000
Total $830,000
ENVIRONMENTAL ANALYSIS:

This action is categorically exempt pursuant to Section 15301 of the Guidelines for the California Environmental Quality Action (CEQA), which states that “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving

negligible or no expansion of use beyond that existing at the time of the CEQA determination” and is therefore exempt from CEQA. This action involves replacement of existing instrumentation and analyzers to maintain public health and safety and therefore is exempt from the requirements of CEQA. Therefore, no environmental analysis is required.

PREPARED BY: KATIE HOCKETT, ASSISTANT DIRECTOR OF UTILITIES REVIEWED BY: TOM MOODY, DIRECTOR OF UTILITIES

DATE: 10/02/2024
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2024-56

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

ACCEPTANCE AND APPROPRIATION OF THE RIVERSIDE COUNTY
TRANSPORTATION COMMISSION SENATE BILL 125 TRANSIT AND INTERCITY

RAIL CAPITAL PROGRAM FUNDING FOR THE MCKINLEY STREET GRADE SEPARATION CAPITAL IMPROVEMENT PROJECT NO. ST-2012-01
EXECUTIVE SUMMARY:

This staff report asks the City Council to accept and appropriate Riverside County Transportation Commission Senate Bill 125 Transit and Intercity Rail Capital Program funds, in the amount of $10 million, for the City of Corona’s McKinley Street Grade Separation Capital Improvement Project. In addition, the report asks the City Council to approve a funding agreement between the Riverside County Transportation Commission and the City of Corona.

RECOMMENDED ACTION:

That the City Council:
a. Accept Senate Bill 125 Transit and Intercity Rail Capital Program funding from the Riverside County Transportation Commission in the amount of $10,000,000 for the McKinley Street Grade Separation Capital Improvement Project No. ST-2012-01. b. Authorize the City Manager, or his designee, to execute a funding agreement between the City of Corona and the Riverside County Transportation Commission

that allocates $10,000,000 from the Senate Bill 125 Transit and Intercity Rail Capital Program to the McKinley Street Grade Separation Capital Improvement Project No. ST-2012-01.
c. Authorize an estimated revenue increase in the amount of $10,000,000 in the Public Works Grants/Agreement Fund 243 and appropriate the same amount to the McKinley Street Grade Separation Capital Improvement Project No. ST-2012-

01. BACKGROUND & HISTORY:

The City of Corona (City) is nearing completion of the McKinley Street Grade Separation Project (Project). The Project includes the construction of a 4-lane overhead grade separation with pre-cast panel/mechanically stabilized earth retaining wall systems over the Burlington Northern Santa Fe Railway railroad crossing and Arlington Channel south of Sampson Avenue. Additional improvements include loop on-ramp, slip on-ramp, new loop road, and modifications to the State Route 91 eastbound off-ramp. The Project has been primarily funded by State Senate Bill 132, along with several other state and local sources of funding.

During the course of construction, the City encountered structural steel shortages and unforeseen delays in the fabrication process of the bridge. As a result of the delays and other circumstances, the City’s project team reassessed the cost of completion of the Project and determined that additional funding was required to offset the estimated increase to the overall Project cost. Staff approached the Riverside County Transportation Commission (RCTC) to pursue additional funding sources to balance the deficit.

In 2023, California Senate Bill 125 (SB 125) was passed and directed regional transportation agencies, including RCTC, to distribute funding for high-priority projects that enhance public transit ridership and directly benefit local communities. At its regular commission meeting on July 10, 2024, RCTC approved an allocation of $10,000,000 from the SB 125 Transit and Intercity Rail Capital Program (TIRCP) funds to the City’s Project.

ANALYSIS:

This funding will provide a portion of the remaining amount necessary to complete the Project. The City previously committed available local funds to the Project, resulting in no local match requirement associated with receiving these funds.

Approval of the recommended actions will provide revised available funding as follows:

Funding Source Amount
State Senate Bill 132 $84,450,000
Trade Corridor Enhancement Program (TCEP) $10,300,000
Measure A Western County Regional Arterial (MARA) $9,889,692 City of Corona Measure X Funds $5,001,956
Section 190 Grade Separation Program $5,000,000
Local Measure A $4,025,000

Burlington North Santa Fe Railway (BNSF) Contributions $3,810,000 Highway Railroad Crossing Safety Crossing Account (HRCSA) $2,876,960 Transportation Development Act (TDA) $2,000,000
Transportation Uniform Mitigation Fees (TUMF) $1,626,084 Western Municipal Water District (WMWD) Cooperative Agreement $1,439,143 Development Impact Fees (DIF) – Drainage $1,000,000
Development Impact Fees (DIF) – Streets/Signals $1,000,000 Gas Tax $729,724
Road Maintenance Rehabilitation Accountability (RMRA) $500,000 SB 125 Transit and Intercity Rail Capital Program (TIRCP) $10,000,000 Total $143,648,559
FINANCIAL IMPACT:

Approval of the recommended actions will result in an appropriation and estimated revenue increase in the amount of $10,000,000 from the Public Works Grants/Agreement Fund 243 to the McKinley Street Grade Separation Capital Improvement Project No. ST2012-01.

ENVIRONMENTAL ANALYSIS:

Per Public Resources Code Section 21080.13, all railroad grade separation projects that eliminate an existing at-grade crossing is exempt per the California Environmental Quality Act (CEQA). As a grade separation project, this Project is statutorily exempt under the California Environmental Quality Act. The recommended actions are to accept a new funding source and appropriate the funding to the McKinley Street Grade Separation Capital Improvement Project No. ST-2012-01, and there is no possibility that accepting the funding will have a significant impact on the environment. Therefore, no environmental analysis is required.

PREPARED BY: PEDRO CEVALLOS, MANAGEMENT ANALYST II
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
ATTACHMENTS:

1. Exhibit 1 – RCTC TIRCP Draft Funding Agreement

2. Exhibit 2 - RCTC Commission Meeting Staff Report for July 10, 2024

1 Agreement No. XX-XX-XXX-00
AGREEMENT FOR THE FUNDING OF SB 125

TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM FUNDING FOR GRADE

SEPARATION CONSTRUCTION WITH THE CITY OF CORONA

1. Parties and Date.

1.1 This Agreement is made and entered into this day of , 2024, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and CITY OF CORONA (“City”). RCTC and City are sometimes collectively referred to herein as the “Parties”.

2. Recitals.

2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5.

2.2 Transit and Intercity Rail Capital Program (TIRCP) was created by the state as a competitive program in 2014 to provide grants from the Greenhouse Gas Reduction Fund (GGRF) via cap-and-trade proceeds to fund transformative capital improvements that will modernize California’s intercity, commuter, and urban rail systems, and bus systems, to significantly reduce emissions of greenhouse gases, vehicle miles traveled, and congestion. In July 2023 AB 102 and SB 125 amended the Budget Act of 2023 to appropriate about $4 billion of state general funds to the TIRCP over the next two years.

2.3 SB 125 Formula-Based TIRCP establishesfunding for transit operations and capital improvements, and grade separations and rail crossing improvements to be funded by the TIRCP.

2.4 RCTC intends, by this Agreement, to distribute TIRCP funding (“TIRCP Funds”), subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein.

2.5 The Parties acknowledge that certain state requirements apply to the TIRCP Funds, and City shall be obligated to comply with all TIRCP funding requirements as set forth in Exhibit “D” (“TIRCP Funding Requirements”).

3. Terms.

3.1 Description of Work. This Agreement is intended to distribute TIRCP Funds to the City for the Construction phase of the McKinley Road Grade Separation Project (“the Work”). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. It is understood and agreed that the City shall expend TIRCP Funds

2 only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC.

3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Ten Million Dollars ($10,000,000), to be used exclusively for reimbursing the City for eligible Work expenses as described herein (“Funding Amount”). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute TIRCP Funds in excess of the maximum authorized in this section.

3.2.1 Eligible Work Costs. The total Work costs (“Total Work Cost”) may include the following items, provided that such items are included in the scope of work attached as Exhibit “A”: (1) City and/or consultant costs associated with direct Work coordination and support; (2) construction costs, including change orders to construction contract approved by the City; and (3) construction management, field inspection and material testing costs.

3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: (1) City administrative costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Work; (4) expenses for items of work not included within the scope of work in Exhibit “A”; (5) any costs that are not in compliance with the TIRCP Funding Requirements.

3.3 City’s Funding Obligation to Complete the Work. In the event that the TIRCP Funds allocated to the Work represent less than the total cost of the Work, the City shall provide such additional funds as may be required to complete the Work as described in Exhibit “A”.

3.3.1 City’s Obligation to Repay TIRCP Funds to RCTC. In the event that: (i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any TIRCP Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism.

3.3.2 City’s Local Match Contribution. There is no local match requirement for this award.

3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects of the Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit “A”: (i) all aspects of bidding, awarding, and administration of the contracts for the Work; (ii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and (iii) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including TIRCP Funds.

3 3.5 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, “including full repayment of TIRCP Funds to RCTC as provided herein”. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

3.6 Representatives of the Parties. RCTC’s Executive Director, or his or her designee, shall serve as RCTC’s representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Savat Khamphou, Public Works Director, as the City’s representative to RCTC. The City’s representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City’s responsibility. The City shall work closely and cooperate fully with RCTC’s representative and any other agencies which may have jurisdiction over or an interest in the Work.

3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures.

However, the City understands and acknowledges that any expenditure of funds on the Work prior to the execution of the Agreement is made at the City’s sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement.

3.8 Review of Services. The City shall allow RCTC’s Representative to inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met.

3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below.

3.9.1 Termination for Convenience.

3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof.

3.9.1.2 Effect of Termination for Convenience. In the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all TIRCP Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City TIRCP Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the non-terminating party of the amounts due it under this Section 3.9.1.2.

4 3.9.2 Termination for Cause.

3.9.2.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30-day period to cure any alleged breach.

During the 30-day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.

3.9.2.2 Effect of Termination for Cause. In the event that the City terminates this Agreement in response to RCTC's uncured material breach hereof, RCTC shall, within 90 days, distribute to the City TIRCP Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination.

In the event that RCTC terminates this Agreement in response to the City's uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all TIRCP Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the terminating party of the amounts due it under this Section 3.9.2.2.

3.9.3 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.

3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.

3.11 Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work.

3.12 Indemnification.

3.12.1 City Responsibilities. In addition to the indemnification required under Section 3.10, the City agrees to indemnify and hold harmless RCTC, the State of California, their officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC. The City will reimburse RCTC for any expenditures, including reasonable attorneys’ fees, incurred by RCTC, in defending against claims ultimately determined to

5 be due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC.

3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work.

RCTC’s review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City’s performance of this Agreement or supervision of any services provided to complete the Work.

3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their subcontractorsto obtain, insurance of the types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last.

3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $2,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall:

3.13.1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;

3.13.1.2 Be primary with respect to any insurance or self insurance programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and consultants; and

3.13.1.3 Contain standard separation of insured provisions.

3.13.2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.

3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.

3.13.4 Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.

6 3.14 Procedures for Distribution of TIRCP Funds to City.

3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City’s payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly.

3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC’s decision as to the eligibility of one or more invoices to RCTC’s Executive Director. The City may appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City’s submittal of invoices to RCTC and RCTC’s consideration and payment of submitted invoices are set forth in Exhibit “C”, attached hereto.

3.14.3 Funding Amount/Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum TIRCP Funds provided for in section 3.2 of this Agreement, or has provided reimbursement of ineligible Work costs including, but not limited to, any costs not in compliance with TIRCP Funding Requirements, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC.

3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discretion of RCTC’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work.

3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.17 Limited Scope of Duties. RCTC’s and the City’s duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or

7 its contractorsrelating to the condemnation of property undertaken by City or construction related to the Work.

3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees and the State Auditor any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees and the State Auditor such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit.

3.19 Equal Opportunity Employment. The Parties represent that they are equal opportunity employers, and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County.

3.21 Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.

3.22 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.

3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CITY OF CORONA RCTC
400 S. Vicentia Avenue Riverside County Transportation Commission Corona, CA 92882 4080 Lemon Street, 3rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501
ATTN: Public Works Director ATTN: Executive Director

8 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

3.25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the performance of the Services.

Notwithstanding the foregoing, in the case of any conflict between the Funding Requirements set forth in Exhibit “D” and the terms of this Agreement, the Funding Requirements shall govern.

3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees.

3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings.

3.28 No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.

3.29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

3.30 Independent Contractors. Any person or entities retained by the City or any contractorshall be retained on an independent contractor basis and shall not be employees of RCTC.

Any personnel performing services on the Work shall at all times be under the exclusive direction and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to,social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.

3.31 Incorporation of Recitals and Exhibits. The recitals set forth above are true and correct and are incorporated into this Agreement by reference as if fully set forth herein. Exhibits “A” through “D” attached to this Agreement are incorporated herein by reference.

9 3.32 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination.

3.33 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.34 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.35 Electronically Transmitted Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
[SIGNATURES ON FOLLOWING PAGE.]

10 SIGNATURE PAGE
TO
AGREEMENT FOR THE FUNDING OF SB 125

TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM FUNDING FOR GRADE

SEPARATION CONSTRUCTION WORK

RIVERSIDE COUNTY CITY OF CORONA

TRANSPORTATION COMMISSION
By: By: ________________________
Aaron Hake, Executive Director Savat Khamphou, Public
Works Director
ATTEST:

By: ________________________
Sylvia Edwards, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:

By: _________________________________ By: _________________________ Best, Best & Krieger Dean Derleth, City Attorney
Counsel to the Riverside County
Transportation Commission

17336.00030\42137870.1
Exhibit A
EXHIBIT “A”

SCOPE OF WORK,

FUNDING AND TIMETABLE
SCOPE OF WORK:

Construction of a 4-lane overhead grade separation at the BNSF crossing at McKinley Street just south of Sampson Avenue. Project limits extend from Magnolia Avenue to the South to the State Route 91 to the north covering approximately 2300 lineal feet including 0.75 miles of new sidewalk improvements and 0.5 miles of class II bicycle lanes. The new 290 foot plus long tied arch bridge crosses over the railroad tracks and the Arlington Channel and Sampson Avenue, both located within 100 feet north of the tracks. The project will add a new loop road across from the SR-91 westbound ramps to connect McKinley Street to Sampson Avenue. The project also modifies the eastbound off-ramp, eastbound loop on-ramp, and the eastbound slip on-ramp at the SR-91 freeway.

TIRCP Funding will be utilized for RIGHT OF WAY and CONSTRUCTION phases as indicated below.

FUNDING:

PHASE TIRCP Fund LOCAL TOTAL
RIGHT OF WAY $8,000,000 $5,002,000 $13,002,000
CONSTRUCTION $2,000,000 $8,411,000 $10,411,000
TOTAL $10,000,000 $13,413,000 $23,413,000
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase.

PHASE START DATE END DATE COMMENTS
Right of Way 01/2019 09/2021 All possession secured and certified per Caltrans standard by
09/01/2021.

Construction 03/2021 10/2025 Estimated Completion Date

17336.00030\42137870.1
Exhibit B
EXHIBIT “B”

PROJECT LOCATION MAP

17336.00030\42137870.1
Exhibit C
EXHIBIT “C”

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND

PAYMENT OF INVOICES

1. RCTC recommends that the City incorporate Exhibit “C-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs.

2. Each month the City shall submit an invoice for eligible Work costs incurred during the preceding month. The original invoice shall be submitted to RCTC’s Executive Director with a copy to RCTC’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-2”.

3. Each invoice shall include documentation from each contractor used by the City for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Work to date. A sample progress report is attached as Exhibits “C-4”. All documentation from the City’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-3”.

4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as required of contractors pursuant to Exhibit “C” and its attachments.

5. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.

6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows:
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed.

Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________

17336.00030\42137870.1
Exhibit C

7. RCTC will pay the City within 30 days after receipt by the Commission of an invoice. If RCTC disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.

8. The final payment under this Agreement will be made only after: (i) the City has obtained a Release and Certificate of Final Payment from each contractor or consultant used on the Work; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City has provided copies of each such Release to RCTC.

17336.00030\42137870.1
Exhibit “C-1”
EXHIBIT “C-1”

ELEMENTS OF COMPENSATION
For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of City’s City Engineer (“Total Compensation”).

1. ELEMENTS OF COMPENSATION.

Compensation for the Work will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.

1.1 DIRECT LABOR COSTS.

Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:

1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Work under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.)

1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:

1.1.2.1 Direct Salary Costs ____________________

1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

17336.00030\42137870.1
Exhibit “C-1”

1.1.2.3 Overhead Costs ____________________
The Decimal ratio of Allowable Overhead Costs to the Consultant Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.

Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)

1.2 FIXED FEE.

1.2.1 A Fixed Fee of _______________ shall be paid to Consultant for Consultant’s complete and satisfactory performance of this Agreement and all Services required.

The Fixed Fee shall be paid in monthly installments based upon the percentage of the Services completed at the end of each billing period, as determined in the sole discretion of the City. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein.

1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.

Rates for identified Additional Direct Costs are as follows:

ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet

17336.00030\42137870.1
Exhibit “C-1”
Travel by air and travel in excess of 100 miles from the Consultant's office nearest to City’s office must have City’s prior written approval to be reimbursed under this Agreement.

2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:

2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.

2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify City in writing prior to a change in the range of rates included herein, and prior to each subsequent change.

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour

2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal.

3. INVOICING.

3.1 Each month the Consultant shall submit an invoice for Work performed during the preceding month. The original invoice shall be submitted to City’s City Engineer with two (2) copies to City’s Project Coordinator.

3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City’s Representative.

17336.00030\42137870.1
Exhibit “C-1”

3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Work, shall be listed separately. The charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice.

3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to City such as invoices, telephone logs, etc.

3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.

3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Consultant's Representative or an officer of the firm which reads as follows:

I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.

Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________

4. PAYMENT

4.1 City shall pay the Consultant within four to six weeks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment.

17336.00030\42137870.1
Exhibit “C-2”
EXHIBIT “C-2”

SAMPLE COVER LETTER TO RCTC
Date
Mr. Aaron Hake
Executive Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the City of _____________’s invoice for professional and technical services that was rendered by our contractors in connection with the _______________ Agreement No. ________ effective (Month/Day/Year). The required support documentation received from each contractor is included as backup to the invoice.

Invoice period covered is from Month/Date/Year to Month/Date/Year.

Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.

By: _____________________________
Name
Title
cc:

17336.00030\42137870.1
Exhibit “C-3”
EXHIBIT “C-3”

SAMPLE LETTER FROM CONTRACTOR TO CITY/COUNTY
Month/Date/Year
______________
______________
______________
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year.

Invoice period covered is from Month/Date/Year to Month/Date/Year.

Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title

17336.00030\42137870.1
Exhibit C-4
EXHIBIT “C-4”

SAMPLE PROGRESS REPORT
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods TASK 01 – 100% PS&E SUBMITTAL

1. Responded to Segment 1 comments from Department of Transportation

2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL

1. Completing and to submit Traffic Signal and Electrical Design plans

2. Responding to review comments

17336.00030\42137870.1
Exhibit D
1 TIRCP FUNDING REQUIREMENTS
As used herein, the term “Recipient” shall refer to the City.

Section 1. Third Party Contracting

1. Recipient shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this Agreement without the prior written approval of State. Contracts awarded by Recipient, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds.

2. Procurement of architectural and engineering services shall be in accordance with the requirements set forth in the Chapter 10 of the Caltrans Local Assistance Procedures Manual applicable to state funded agreements.

3. Any subcontract entered into by Recipient as a result of this Agreement shall contain the Provisions of Section 2. Audits and Reports and shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subcontractors

3. In addition to the above, the preaward requirements of third party contractor/consultants with local transit agencies should be consistent with Caltrans Local Program Procedures (LPP-00-05).

Section 2. Audits and Reports
A. Cost Principles

1. Recipient agrees to comply with Title 2 Code of Federal Regulations 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

2. Recipient agrees, and will assure that its contractors and subcontractors will be obligated to agree to follow 2 CFR 200 and it shall be used to determine the allowability of individual Project cost items. Every sub-recipient receiving Project funds as a contractor or sub-contractor under this Agreement shall comply with 2 CFR 200.

3. Any Project costs for which Recipient has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR 200, are subject to repayment by Recipient to Commission.

4. The Commission may terminate this Agreement for any reason at any time if it is determined by the Commission or the State, based on an audit under this section, that there has been a violation of any State or federal law or policy by the Recipient during performance under this Agreement. If

17336.00030\42137870.1
Exhibit D
2 the Agreement is terminated under this section, the Recipient may be required to fully or partially repay funds.

B. Record Retention

1. Recipient agrees, and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line item for the Project. The accounting system of Recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of Recipient, its contractors and subcontractors connected with Project performance under this Agreement shall be maintained for a minimum of three (3) years from the date of final payment to Recipient under this Agreement and shall be held open to inspection, copying, and audit by representatives of the Commission, State, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by Recipient, its contractors, and subcontractors upon receipt of any request made by State or its agents. In conducting an audit of the costs and match credits claimed under this Agreement. The Commission and State will rely to the maximum extent possible on any prior audit of Recipient pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by Recipient's external and internal auditors may be relied upon and used by Commission or State when planning and conducting additional audits.

2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of Recipient's contracts with third parties pursuant to Government Code section 8546.7, Recipient, Recipient's contractors and subcontractors and Commission shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such Agreement materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to Recipient under this Agreement. The Commission, the State, the California State Auditor, or any duly authorized representative of State or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to the Project for audits, examinations, excerpts, and transactions, and Recipient shall furnish copies thereof if requested.

3. Recipient, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the Commission, the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by State, for the purpose of any investigation to ascertain compliance with this Agreement and the Act.

C. Reporting Requirements

17336.00030\42137870.1
Exhibit D
3 1. Subject to the discretion of Commission, Recipient agrees to provide on a quarterly basis, Project Progress Reports that include the following information, as applicable:
a. Activities and progress made towards implementation of the project; b. Identification of whether the Project is proceeding on schedule and within budget; c. Identification of changes to the Project funding plan; d. Any actual or anticipated problems which could lead to delays in schedule, increased costs or other difficulties for either the Project or other State funded projects impacted by the Projects scope of work;
e. Identify metrics and benefits achieved for disadvantaged communities, low income communities, and/or low income households;
f. Reporting requirements per California Air Resource Board Cap and Trade Auction Proceeds Funding Guidelines for Agencies that Administer California Climate Investments which may include, continued reporting following project implementation to identify benefits achieved.

2. Reporting requirements of Recipient will include whether reported implementation activities are within the scope of the Project and in compliance with State laws, regulations, and administrative requirements.

3. Within one year of the Project or reportable Project components becoming operable, the implementing agency must provide a final delivery report including at a minimum:
a. Scope of completed Project as compared to programmed Project; b. Performance outcomes derived from the project as compared to outcomes described in the Project application and shall include but not be limited to before and after measurements and estimates for ridership, service levels, greenhouse gas reductions, updated estimated greenhouse gas reductions over the life of the project, benefits to disadvantaged communities, low income communities, and/or low income households, and project co-benefits as well as an explanation of the methodology used to quantify the benefits.

Section 3. Special Requirements
Non-Discrimination Clause

1. In the performance of work under this Agreement, Recipient, its contractor(s) and all subcontractors, shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability, mental disability, medical condition, age, marital status, family and medical care leave, pregnancy leave, and disability leave. Recipient, its contractor(s) and all subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Recipient, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Employment and.

Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Each of Recipient's contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

17336.00030\42137870.1
Exhibit D
4 2. Each of the Recipient's contractors, subcontractors, and/or subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other labor agreements. The Recipient shall include the nondiscrimination and compliance provisions hereof in all contracts and subcontracts to perform work under this Agreement.

3. Recipient shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this Agreement.

4. The Recipient shall comply with the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964. Accordingly, 49 CFR 21 (Nondiscrimination in Federally-Assisted Programs of The Department Of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964) and 23 CFR Part 200 (Title VI Program and Related Statutes—Implementation and Review Procedures) are made applicable to this Agreement by this reference. Wherever the term "Contractor" appears therein, it shall mean the Recipient.

5. The Recipient shall permit, and shall require that its contractors, subcontractors, and subrecipients will permit, access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission or any other agency of the State of California designated by Department to investigate compliance with this Section J.

M. Disabled Veterans Program Requirements

1. Should Military and Veterans Code sections 999 et seq. be applicable to Recipient, Recipient will meet, or make good faith efforts to meet, the 3% Disabled Veterans Business Enterprises goals (or Recipient's applicable higher goals) in the award of every contract for Project work to be performed under these this Agreement.

2. Recipient shall have the sole duty and authority under this Agreement to determine whether these referenced code sections are applicable to Recipient and, if so, whether good faith efforts asserted by those contractors of Recipient were sufficient as outlined in Military and Veterans Code sections 999 et seq.

Comments are welcomed by the Commission. If you wish to provide comments to the Commission, please complete and submit a Speaker Card to the Clerk of the Board.

MEETING AGENDA
TIME/ DATE: 9:30 a.m. / Wednesday, July 10, 2024
LOCATION: BOARD ROOM
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside

COMMISSIONERS
Chair – Lloyd White
Vice Chair – Karen Spiegel
Second Vice Chair – Raymond Gregory
Kevin Jeffries, County of Riverside, District 1
Karen Spiegel, County of Riverside, District 2
Chuck Washington, County of Riverside, District 3
V. Manuel Perez, County of Riverside, District 4
Yxstian Gutierrez, County of Riverside, District 5
David Happe / Rick Minjares, City of Banning
Lloyd White / Julio Martinez, City of Beaumont
Joseph DeConinck / Johnny Rodriguez, City of Blythe
Linda Molina / Wendy Hewitt, City of Calimesa
Jeremy Smith / Jennifer Dain, City of Canyon Lake
Raymond Gregory / Mark Carnevale, City of Cathedral City Steven Hernandez / Stephanie Virgen, City of Coachella
Wes Speake / Jim Steiner, City of Corona
Scott Matas / Russell Betts, City of Desert Hot Springs Clint Lorimore / Todd Rigby, City of Eastvale
Linda Krupa / Malcolm Lilienthal, City of Hemet
Dana Reed / Ty Peabody, City of Indian Wells
Waymond Fermon / Oscar Ortiz, City of Indio
Brian Berkson / Armando Carmona, City of Jurupa Valley
Kathleen Fitzpatrick / Deborah McGarrey, City of La Quinta Bob Magee / Natasha Johnson, City of Lake Elsinore
Bill Zimmerman / Dean Deines, City of Menifee
Ulises Cabrera / Edward Delgado, City of Moreno Valley
Cindy Warren / Lori Stone, City of Murrieta
Berwin Hanna / Katherine Aleman, City of Norco
Jan Harnik / Kathleen Kelly, City of Palm Desert
Lisa Middleton / Grace Garner, City of Palm Springs
Michael M. Vargas / Rita Rogers, City of Perris
Meg Marker / Lynn Mallotto, City of Rancho Mirage
Chuck Conder / Patricia Lock Dawson, City of Riverside
Valerie Vandever / Alonso Ledezma, City of San Jacinto
James Stewart / Brenden Kalfus, City of Temecula
Joseph Morabito / Ashlee DePhillippo, City of Wildomar
Catalino Pining, Governor’s Appointee Caltrans District 8

RIVERSIDE COUNTY TRANSPORTATION COMMISSION
www.rctc.org
MEETING AGENDA*
Actions may be taken on any item listed on the agenda
9:30 a.m.

Wednesday, July 10, 2024
Board Room
County of Riverside Administrative Center
4080 Lemon Street, First Floor, Riverside, CA
This meeting is being conducted in person as well as via teleconference. Please visit https:// rivco.org/ constituent- speaking-request to complete a speaker slip and receive further instructions to participate via teleconference. For members of the public wishing to submit written comments, please email comments to the Clerk of the Board at lmobley@rctc. org prior to July 10, 2024, and your comments will be made part of the official record of proceedings.

In compliance with the Brown Act and Government Code Section 54957.5, agenda materials distributed 72 hours prior to the meeting, which are public records relating to open session agenda items, will be available for inspection by members of the public prior to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA, and on the Commission’ s website, www.rctc.org.

In compliance with the Americans with Disabilities Act, Government Code Section 54954.2, and the Federal Transit Administration Title VI, please contact the Clerk ofthe Board at (951) 787-7141 if special assistance is needed toparticipate in a Commission meeting, including accessibility and translation services. Assistance is provided free of charge. Notification of at least 48 hours prior to the meeting time will assist staff in assuring reasonable arrangements can be made to provide assistance at the meeting.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS – Each individual speaker is limited to speak three (3) continuous minutes or less.

The Commission may, either at the direction of the Chair or by majority vote of the Commission, waive this three-minute time limitation. Depending on the number of items on the Agenda and the number of speakers, the Chair may, at his/ her discretion, reduce the time of each speaker to two (2) continuous minutes. In addition, the maximum time for public comment for any individual item or topic is thirty (30) minutes. Also, the Commission may terminate public comments if such comments become repetitious.

Speakers may not yield their time to others without the consent of the Chair. Any written documents to be distributed or presented to the Commission shall be submitted to the Clerk of the Board. This policy applies to Public Comments and comments on Agenda Items.

Under the Brown Act, the Commission should not take action on or discuss matters raised during public comment portion of the agenda that are not listed on the agenda. Commission members may refer such matters to staff for factual information or to be placed on the subsequent agenda for consideration. https://rivco.org/constituent-speaking-reque
st
mailto:
[email protected]
g

Riverside County Transportation Commission Meeting Agenda July 10, 2024

5. ADDITIONS / REVISIONS – The Commission may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Commission subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda.

6. CONSENT CALENDAR – All matters on the Consent Calendar will be approved in a single motion unless a Commissioner( s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 6A. APPROVAL OF MINUTES – JUNE 12, 2024

6B. MONTHLY INVESTMENT REPORT

Overview
This item is for the Commission to:
1) Receive and file the Monthly Investment Report for the month ended May 31, 2024.
6C. STATE AND FEDERAL LEGISLATIVE UPDATE

Overview
This item is for the Commission to:
1) Receive and file a state and federal legislative update. 6D. EXPRESS LANES ROAD PAVEMENT ANALYSIS SERVICES

Overview
This item is for the Commission to:
1) Award Agreement No. 24-31-088-00 to Kimley-Horn and Associates for Express Lanes Road Pavement Analysis Services for a six-year term in the amount of 1,072,613 plus a contingency in the amount of $107,261, for a not to exceed amount of $1,179,874; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission.

Riverside County Transportation Commission Meeting Agenda July 10, 2024

6E. 91 EXPRESS LANES OCCUPANCY DETECTION SYSTEM CHANGE ORDER AND

RESOLUTION FOR OCCUPANCY CORRECTION FEE

Overview
This item is for the Commission to:
1) Authorize Change Order No. 036 to the Kapsch TrafficCom Agreement No. 16-31-043-00 for installation, operations and maintenance of the lane system Occupancy Detection System (ODS) in the amount of $7,788,289; 2) Authorize Change Order No. 07 to the Cofiroute USA Agreement No. 19-31-059-00 for the enforcement of the Occupancy Detection System in an amount not to exceed $642,953; and
3) Adopt Resolution No. 24-004, “ Regarding the Revised 91 Express Lanes Transponder and Customer Account Plan Fee Policies.”
6F. DEPARTMENT OF CALIFORNIA HIGHWAY PATROL AGREEMENT FOR EXPRESS LANES

ENFORCEMENT

Overview
This item is for the Commission to:
1) Approve Agreement No. 24-31-082-00 with the Department of California Highway Patrol (CHP) for enforcement on the express lanes for six-year term in the amount of $9,000,000; and
2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission.
6G. 2024 STATE ROUTE 91 IMPLEMENTATION PLAN

Overview
This item is for the Commission to:
1) Approve the 2024 State Route 91 Implementation Plan.

Riverside County Transportation Commission Meeting Agenda July 10, 2024

7. SENATE BILL 125 FORMULA- BASED FUNDING FOR THE TRANSIT AND INTERCITY RAIL CAPITAL

PROGRAM AND ZERO-EMISSION TRANSIT CAPITAL PROGRAM

Overview
This item is for the Commission to:
1) Approve the funding recommendations for the Senate Bill 125 (SB 125) Formula-Based Funding for the Transit and Intercity Rail Capital Program ( TIRCP) and Zero-Emission Transit Capital Program ( ZETCP) apportionments for Fiscal Years ( FYs) 2024/ 25 - 2027/ 28, contingent upon the adopted state budget, availability of funds, and eligibility by fund type;
2) Direct staff to prepare and execute funding agreements with the project sponsors outlining the project scope, schedule, and local funding commitments; and 3) Authorize the Executive Director to execute the funding agreements with the project sponsors, pursuant to legal counsel review.

8. PRESENTATION OF ORDINANCE AND EXPENDITURE PLAN

Overview
This item is for the Commission to:
1) Review, discuss, and consider an ordinance adopting a transactions and use tax ( sales tax) at the rate of one percent ( 1%) to fund transportation improvements, an accompanying expenditure plan directing the spending of revenues generated from said tax measure, and a Resolution placing it on the 2024 General Election ballot;
2) Review, discuss, and consider an ordinance adopting technical provisions for the collection and administration of a transactions and use tax (sales tax) at the rate of one percent ( 1%) by the California Department of Tax and Fee Administration to fund transportation improvements, programs and services; and 3) Review and adopt the recommendation of the Projects and Funding Strategies Ad Hoc Committee to not seek voter approval for a new transportation sales tax measure in the November 2024 General Election.

9. 2024 TRAFFIC RELIEF PLAN PUBLIC OUTREACH SUMMARY

Overview
This item is for the Commission to:
1) Receive and file the public outreach and engagement summary of the Traffic Relief Plan and data from the recent public opinion survey.

Riverside County Transportation Commission Meeting Agenda July 10, 2024

10. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA

11. EXECUTIVE DIRECTOR REPORT

12. COMMISSIONER COMMENTS
Overview
This item provides the opportunity for brief announcements or comments on items or matters of general interest.

13. CLOSED SESSION
13A. CONFERENCE WITH LEGAL COUNSEL— ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One case

14. ADJOURNMENT
The next Commission meeting is scheduled to be held at 9:30 a.m. on Wednesday, August 14, 2024.

AGENDA ITEM 7

Agenda Item 7

RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 10, 2024
TO: Riverside County Transportation Commission
FROM: Budget and Implementation Committee
Lorelle Moe-Luna, Multimodal Services Director
THROUGH: Aaron Hake, Executive Director
SUBJECT: Senate Bill 125 Formula-Based Funding for the Transit and Intercity Rail Capital Program and Zero-Emission Transit Capital Program
BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION:

This item is for the Commission to:
1) Approve the funding recommendations for the Senate Bill 125 (SB 125) Formula-Based Funding for the Transit and Intercity Rail Capital Program ( TIRCP) and Zero-Emission Transit Capital Program (ZETCP) apportionments for Fiscal Years (FYs) 2024/ 25 - 2027/ 28, contingent upon the adopted state budget, availability of funds, and eligibility by fund type;
2) Direct staff to prepare and execute funding agreements with the project sponsors outlining the project scope, schedule, and local funding commitments; and 3) Authorize the Executive Director to execute the funding agreements with the project sponsors, pursuant to legal counsel review.

BACKGROUND INFORMATION:

TIRCP was created by the state as a competitive program in 2014 to provide grants from the Greenhouse Gas Reduction Fund ( GGRF) via cap-and-trade proceeds to fund transformative capital improvements that will modernize California’ s intercity, commuter, and urban rail systems, and bus systems, to significantly reduce emissions of greenhouse gases, vehicle miles traveled, and congestion. In 2017, SB 1 gas tax funding added a substantial increase with funds directed to the TIRCP from the Public Transportation Account. Assembly Bill 398 ( AB 398) extended the Cap-and-Trade Program that supports TIRCP from 2020 through 2030. TIRCP has awarded six cycles of funding totaling over $10 billion for 132 projects throughout the state.

In July 2023, the Governor signed AB 102 and SB 125 amending the Budget Act of 2023 to appropriate about $ 4 billion of general fund to TIRCP over FYs 2023/ 24 and 2024/ 25, and 910 million of GGRF funding and $190 million of Public Transportation Account funding over FYs 2023/ 24 – 2026/ 27 to establish the Zero-Emission Transit Capital Program ( ZETCP). This created the formula-based TIRCP and ZETCP. SB 125 guides this process and requires that the

Agenda Item 7
California State Transportation Agency ( CalSTA) develop and administer the program to govern distribution of the funds.

CalSTA published the final SB 125 Formula-Based TIRCP and ZETCP Guidelines in September 2023.

The objectives of the program are to reduce emissions of greenhouse gases; expand and improve transit service to increase ridership; integrate rail service of the state’s various rail operations; and improve transit safety. The guidelines identify the regional transportation planning agencies RTPAs), such as RCTC, as the recipient of these funds. The guidelines give the Commission discretion to suballocate or distribute funds within their region based on local needs, existing priorities, policies, and procedures, as long as the SB 125 program requirements and goals are met.

TIRCP projects eligible to receive funding include transit operations and capital improvements, grade separations, and rail crossing improvements. ZETCP funding is only available to public transit operators already eligible to receive State Transit Assistance funds and can only be used for zero-emission capital and operating expenditures.

DISCUSSION:

RCTC is identified to receive about $247.1 million of TIRCP and $39.8 million of ZETCP, for a total of $286.9 million over multiple years. Table 1 reflects the original programming years of SB 125 and is subject to change based on the Governor’ s Budget Proposal and May Revision.

Table 1. RCTC share of SB 125 Formula- Based TIRCP and ZETCP Funding Staff has reviewed the CalSTA SB 125 guidelines and has aligned them with Commission- approved plans, goals, and policies from documents such as the Traffic Relief Plan, Grade Separation Priority Study, Short Range Transit Plans, and Zero-Emission Bus Roll-out Plans to identify projects. Staff has also coordinated and consulted with each transit operator in the county as required in the guidelines.

At the December 2023 Commission meeting, the Commission approved Year 1 projects for TIRCP and ZETCP formula funding, which staff submitted to CalSTA before the December 30, 2023, deadline. The following categories for project selection were identified for the remaining years of TIRCP and ZETP funding:

1. Zero-Emission and Transit Capital Projects – includes projects such as zero-emission infrastructure and buses, facility upgrades, and integrated passenger fare systems.

Fund Year 1 - FY24 Year 2 – FY25 Year 3 – FY26 Year 4 – FY27 Total TIRCP $ 123,382,700 $ 123,693,468 n/ a n/ a $ 247,076,168 ZETCP 14,828,290 8,318,309 $ 8,318,309 $ 8,318,309 39,783,217 Total $ 138,210,990 $ 132,011,777 $ 8,318,309 $ 8,318,309 $ 286,859,385

Agenda Item 7

2. Western Riverside County Rail Capital Improvements – examples of projects may include Metrolink’ s Zero-Emission Pilot Project, locomotives, and/ or track expansion; and grade separations that will support the expansion of future passenger rail service.

Contingent upon the adopted state budget, availability of funds, and that projects are eligible for funding based on the revised fund type, staff recommends that the Commission approve the list of projects in Attachment 1 for TIRCP and ZETCP formula funding and to direct staff to prepare and enter into agreements with the project sponsors.

Staff has emphasized to the project sponsors that their proposed projects should be completed by 2030. Although the funds do not have an expenditure deadline, this will help prevent funds from being programmed onto a project indefinitely when another project that can move forward could have the opportunity for funding. The Commission has the right to rescind funds if a project does not progress or complete the intended project phases within the timeframe. Any cost savings will also be returned to the SB 125 formula program for consideration of other projects.

Should these situations occur, staff will return to the Commission for approval. Additionally, staff has encouraged project sponsors to continue seeking competitive funds to leverage this program and other formula programs and is committed to working with them to strategize and assist with future grants as appropriate. Staff will follow normal accounting procedures like the State Transit Assistance and State of Good Repair programs which are done on a reimbursement basis.

Jurupa Road Grade Separation
At the March 2024 Commission meeting, the Commission approved programming up to an additional $35 million of 2009 Measure A Western County Regional Arterial (MARA) funding for the city of Jurupa Valley’s Jurupa Road Grade Separation Project (led by County of Riverside) and directed staff to explore other potential funding alternatives to minimize the impact on MARA.

Staff has explored other funding alternatives as directed and has identified SB 125 TIRCP funds as a better option for the project. Mitigating the impact of MARA funds is critical because it provides the most flexibility for regional projects and is needed to meet other funding obligations. Programing SB 125 TIRCP funds on the Jurupa Road Grade Separation constitutes a swap of fund types, not additional funding.

McKinley Street Grade Separation
On March 28, 2024, the city of Corona submitted a letter (Attachment 2) to the Commission regarding cost increases on the McKinley Street Grade Separation project currently under construction. Due to structural steel shortages and unforeseen delays in the fabrication process of the bridge, there is an approximate 210 working-day delay to the overall schedule. This delay is resulting in additional costs to right of way, construction management, and construction. Staff recommends programming $ 10 million of SB 125 TIRCP funds on the project to see it through to completion. The funding agreement will indicate this will be the Commission’ s final contribution to the project.

Agenda Item 7
SB 125 Legislative Update
When the Commission approved the first year of projects, it was expected that Year 1 funds would be approved by CalSTA and disbursed to RTPAs by April 30, 2024. In January 2024, the Governor released the Budget Proposal which reflected a portion of the second year (26 percent) of TIRCP funds would shift to GGRF instead of general funds and that the funds would be apportioned over two years, FY 2024/ 25 and 2025/ 26. On April 29, 2024, the California Department of Finance issued an expenditure freeze on one-time appropriations from the Budget Act of 2023 impacting SB 125 funds. On May 10, 2024, the Governor released the May Revision of the FY 2024/ 25 budget and reflects a shift of $555.1 million of general funds from Year 1 of SB 125 funds to GGRF, thus, maintaining the formula TIRCP and ZETCP funding levels.

The May Revision also reflects a shift in ZETCP funding from the original four years of programming to five years with PTA funding in the first year and GGRF funding over FY 2024/ 25 through 2027/ 28. If approved, overall funding in the first three years would be reduced and shifted to later years, but the total overall funding that RCTC is identified to receive would not change. Table 2 reflects updated programming amounts through FY 2027/ 28 based on the Governor’ s Budget Proposal and May Revision and is subject to change pending the adopted state budget.

Table 2. Updated RCTC share of SB 125 Formula-Based TIRCP and ZETCP Funding As of the writing of this report, staff is still awaiting the final approval letter from CalSTA for Year 1 projects and has been working diligently with regional and state partners to urge the Legislature to continue to fully fund formula TIRCP and ZETCP programs as proposed in the Governor’ s May Revision. If reductions are made, staff will return to the Commission for further action.

FISCAL IMPACT:

There is no financial impact for this item in the current or upcoming fiscal years. The funds anticipated to be received during FY 2023/ 24 were incorporated with the December 2023 Commission action and the FY 2024/ 25 TIRCP and ZETCP apportionments and associated expenditures are included in the Commission’ s proposed FY 2024/ 25 budget. If the adopted state budget impacts the FY 2024/ 25 funding availability, staff will update the budget at the mid-year revision to document the changes. Funds anticipated to be received in FY 2025/ 26 and later will be accounted for in the respective year’s budget. Funds awarded to transit operators will be programmed and allocated in the annual Short Range Transit Plan updates.

Fund Year 1 - FY24 Year 2 – FY25 Year 3 – FY26 Year 4 – FY27 Year 5 – FY28 Total TIRCP $ 123,382,700 $ 61,846,734 $ 61,846,734 n/ a n/ a $ 247,076,168 ZETCP 6,871,647 7,956,643 - $ 8,318,309 $ 16,636,618 39,783,217 Total* $ 130,254,347 $ 69,803,377 $ 61,846,734 $ 8,318,309 $ 16,636,618 $ 286,859,385 Based on the Governor’ s Budget Proposal and May Revision. Subject to change pending the adopted state budget.

Agenda Item 7
Financial Information
In Fiscal Year Budget: Yes Year: FY 2024/ 25
FY 2025/ 26+ Amount: $ 69,803,37786,801,661
Source of Funds: SB 125 TIRCP and ZETCP Budget Adjustment: No GL/ Project Accounting No.:

Revenue:
002233 415 41501 0000 243-62-41501
Budget Expenditure( s):
002231 – 86102 – 00000 0000 Inter-agency support (Transit Capital) 002232 – 81301 – 00000 0000 Construction ( Grade separation) 002232 – 81101 – 00000 0000 Preliminary Engineering ( Grade separation)
Fiscal Procedures Approved: Date: 06/ 18/ 2024
Attachments:
1) SB 125 Formula-Based TIRCP and ZETCP Funding Recommendations 2) March 28, 2024, Letter from City of Corona
Approved by the Budget and Implementation Committee on June 24, 2024 In Favor: 11 Abstain: 0 No: 0

RCTC SB 125 Formula-Based TIRCP and ZETCP Funding Recommendations 1 Project Type
Year 1
FY 2023/ 24
Years 2 - 5
FY 2024/ 25 -
FY 2027/ 28
Total
Riverside Transit Agency 14,828,290$ 24,954,927$ 39,783,217$ SunLine Transit Agency 16,000,000 24,000,000 40,000,000 Palo Verde Valley Transit Agency 16,010,000 2,966,440 18,976,440 City of Corona Transit 10,322,620 9,577,380 19,900,000
City of Banning Transit 2,489,413 4,095,390 6,584,803
City of Beaumont Transit 10,300,000 4,025,000 14,325,000 City of Riverside Transit 5,392,073 6,225,488 11,617,561 Passenger Rail Project Development
RCTC - Coachella Valley Rail Tier 2 Environmental 40,000,000 - 40,000,000 City of Banning - Hargrave Ave Grade Separation 5,000,000 - 5,000,000 City of Beaumont - Pennsylvania Ave Grade Separation 5,000,000 - 5,000,000 County of Riverside - Broadway Grade Separation 10,000,000 - 10,000,000 Western Riverside County Rail Capital Improvements
RCTC - Metrolink Double Track (Moreno Valley to Perris) - 5,500,000 5,500,000 Southern California Regional Rail Authority - 22,303,770 22,303,770 County of Riverside - Jurupa Rd Grade Separation - 35,000,000 35,000,000 City of Corona - McKinley St Grade Separation - 10,000,000 10,000,000 Program Administration ( Maximum 1% of total)
3 Grade Separation Study Update, Technical Assistance, Program Administration
2,868, 594 - 2,868, 594
Total 138, 210, 990$ 148, 648, 395$ 286, 859, 385$
1 Contingent upon adopted state budget, available funding, and project eligibility by revised fund type.

Zero Emission and Transit Capital Projects 2
2 Includes projects such as zero- emission infrastructure and buses, facility upgrades, and integrated passenger fare systems. 3 Year 1 administrative share was approved by the Commission on December 13, 2023 for $791,214 and revised as requested by CalSTA to reflect the entire administrative share of $2,868, 594, or 1%. The difference of $2,077, 380 was reduced from the City of Corona Transit in Year 1 and reprogrammed in Years 2-5.

ATTACHMENT 1

ATTACHMENT 2

SENATE BILL ( SB) 125 FORMULA- BASED FUNDING

FOR THE TRANSIT AND INTERCITY RAIL CAPITAL

PROGRAM ( TIRCP) AND ZERO EMISSION TRANSIT

CAPITAL PROGRAM ( ZETCP)
July 10, 2024
Commission Meeting
Jillian Guizado, Planning & Programming Director
1

SB 125 Background & Objectives
2 2023 State Budget: one-time formula funding
4 billion of general fund to TIRCP
910 million of Greenhouse Gas Reduction funds
140 million from the Public Transportation Account to ZETCP Expand and improve transit service to increase ridership Integrate the rail service of the state’s various rail operations Reduce greenhouse gas emissions and improve transit safety

SB 125 Process
3 CalSTA established program guidelines
Eligible projects
Transit/rail operations and capital
Grade separations and rail crossing improvements
All funding distributed to RTPAs such as RCTC for allocation Submit recommendations to CalSTA
Recommendations based on RCTC goals, plans, and priorities

SB 125 RCTC Available Funding
4 Fund
Type Year 1 Year 2 Year 3 Year 4 Year 5 Total
TIRCP $ 123,382,700 $ 61,846,734 $ 61,846,734 N/A N/A $ 247,076,168 ZETCP 6,871,647 7,956,643 -$ 8,318,309 $ 16,636,618 39,783,217 Total*$ 130,254,347 $ 69,803,377 $ 61,846,734 $ 8,318,309 $ 16,636,618 $ 286,859,385 Maximum administrative share 1% or $2,868,594 of total.

Administrative share from Year 1 = $2,868,594 to be utilized for program administration, technical assistance, and updating the Grade Separation Priority Study.

Zero Emission and Transit Capital Projects
5 TIRCP/ZETCP
Project Type Years 2 thru 5 –
FY25 thru 28
Riverside Transit Agency $ 24,954,927
SunLine Transit Agency 24,000,000
Palo Verde Valley Transit Agency 2,966,440
City of Corona Transit 9,577,380
City of Banning Transit 4,095,390
City of Beaumont Transit 4,025,000
City of Riverside Transit 6,225,488
Total $ 75,844,625

6 RTA
PVVTA
SunLine
City of Riverside
Transit Banning
Transit
Beaumont
Transit
Corona
Transit
Map of Zero Emission and Transit Projects

Western Riverside County Rail Capital
Improvements
7 Project Type Years 2 thru 5 -
FY25 thru 28
RCTC – Metrolink Double Track (Moreno Valley –
Perris)$ 5,500,000
Southern California Regional Rail Authority 22,303,770
County of Riverside – Jurupa Rd Grade Separation 35,000,000 City of Corona – McKinley St Grade Separation 10,000,000 Total $ 72,803,770
Double Track
McKinley
Jurupa Rd
Metrolink
TIRCP

Years 2 - 5 Distribution of Funds
8 Purpose Total
Allocation % of Total
Zero-Emission Transit and Capital
Projects
75,844,625 51%
Western Riverside County Rail
Capital Improvements
72,803,770 49%
Total $ 148,648,395 100%

Total Distribution of Funds (Years 1 - 5)
9 Subregion Total Allocation % of Total
Western County $ 201,491,731 71%
Coachella Valley 65,600,000 23%
Palo Verde Valley 18,976,440 6%
Total $ 283,990,791 100%

Staff Recommendations
10 1. Approve the funding recommendations for the SB 125 Formula-Based Funding for the TIRCP and ZETCP
apportionments for FYs 2024/25 – 2027/28, contingent upon the adopted state budget, availability of funds, and eligibility by fund type;

2. Direct staff to prepare and execute funding agreements with the project sponsors outlining the project scope, schedule, and local funding commitments; and

3. Authorize the Executive Director to execute the funding agreements with the project sponsors, pursuant to legal counsel review.

QUESTIONS?
11 Page 143 of 633
DATE: 10/02/2024
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
2024-59

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

APPROVE THE FUNDING/COOPERATIVE AGREEMENT WITH THE RIVERSIDE

COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO FUND THE

DESIGN AND CONSTRUCTION OF THE CORONA MASTER DRAINAGE PLAN (MDP) LINE 5, STAGE 1 CAPITAL IMPROVEMENT PROJECT NO. ST-2025-03 EXECUTIVE SUMMARY:

This staff report asks for the City Council to consider executing the Funding/Cooperative Agreement with the Riverside County Flood Control and Water Conservation District (District) for the construction of approximately 2,400 linear feet of the underground storm drain system to collect runoff on Sherman Avenue south of Railroad Street and extend westerly on Railroad Street to Smith Avenue, connecting to an existing City-owned storm drain. This project will provide flood protection to businesses along Railroad Street and Sherman Avenue. The District and City will share operation and maintenance responsibilities based on storm drain sizing.

RECOMMENDED ACTION:

That the City Council:
a. Approve the Funding/Cooperative Agreement with the Riverside County Flood Control and Water Conservation District for the design and construction of the Corona MDP Line 5, Stage 1 Capital Improvement Project No. ST-2025-03. b. Authorize the City Manager, or his designee, to execute the Funding/Cooperative Agreement with the Riverside County Flood Control and Water Conservation

District to memorialize the mutual understandings by and between the District and City of Corona with respect to funding, design, construction, inspection, ownership, operation, and maintenance of the Corona MDP Line 5, Stage 1 Capital Improvement Project No. ST-2025-03.
c. Authorize an appropriation and an offsetting revenue increase in the amount of $3,510,000 from the Public Works Grants/Agreement Fund 243 for the Corona MDP Line 5, Stage 1 Capital Improvement Project No. ST-2025-03.

BACKGROUND & HISTORY:

The City of Corona (City) originally applied for and was awarded funding from the District for this proposed Master Drainage Plan facility in Fiscal Year 2018-19. The project’s start date was delayed a few years due to low staffing levels and prioritization of other City projects. When the MDP Line 5, Stage 1 project was reprioritized in 2023, staff identified the need to increase funding due to increased labor and material costs. In October of 2023, the City applied for additional funding from the District for fiscal year 2024-2025.

The District awarded the additional and provided a Funding/Cooperative Agreement to fully fund the design and construction of the project.

ANALYSIS:

Approval and execution of the Funding/Cooperative Agreement with the District will allow the City to fund and extend a storm drain section on Sherman Avenue south of Railroad Street and westerly on Railroad Street to Smith Avenue. Completing this project will improve the City’s existing storm drain infrastructure by mitigating flooding and providing a safer roadway path of travel.

Furthermore, the project and staff’s efforts to have the District fully fund the project aligns with the City’s following strategic goals:
 Financial Stability: ensure the City has adequate and sustainable funding to deliver high-quality services to residents. Staff worked with the District, and both parties agreed that the District will fund 100% of the project costs.  Sound Infrastructure: sustain high-quality service delivery by investing in public infrastructure, including parks, buildings, equipment, roads, and technology. The storm drain project will enhance the roadway system, remove stormwater from the roadway, and minimize excessive ponding of water in the streets, thereby reducing the risk and delay to vehicular traffic flow and allow for pedestrian accessibility.  Safe Community: protect our quality of life by ensuring the community is safe and clean. The storm drain system will allow for proper drainage and mitigate flooding and damage to local residences and businesses.

FINANCIAL IMPACT:

Approval of the recommended actions will result in an appropriation and estimated revenue increase in the amount of $3,510,000 from the Public Works Grants/Agreement Fund 243 for the Corona MDP Line 5, Stage 1 Capital Improvement Project No. ST-2025-

03. Staff recommends that the City Council accept and appropriate $3,510,000 from the District. The District will effectively reimburse the City for all costs, including administrative expenses.

Project Funding
Project Funding Source JL Amount
MDP Line 5, Stage 1 CIP
No. ST-2025-03
Public Works
Grants/Agreements Fund
243
79120 $3,510,000
ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The requested actions are to approve a funding agreement and appropriate those funds for the Project, and there is no possibility that these actions will have a significant effect on the environment. During the design phase and prior to construction, the appropriate CEQA exception will be documented. Since the project involves only minor street improvements, a “Notice of Exemption” from the requirements of the California Environmental Quality Act (CEQA) will be filed with the County of Riverside.

PREPARED BY: FREDY CASTILLO, SENIOR ENGINEER
REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
ATTACHMENTS:

1. Exhibit 1 – Location Map

2. Exhibit 2 - Funding/Cooperative Agreement

BRADFORD CI

N SHERMAN AV

N SMITH AV

RAILROAD ST

RAILROAD ST

N LINCOLN AV

W MAPLE ST

W RINCON ST

COMMERCE ST

N SMITH AV
OTT ST

DAVRIL CI

CITY OF CORONA
STORM DRAIN LINE 5 ®
Legend PROPOSED STORM DRAIN

LEGEND PROPOSED STORM DRAIN

EXISTING STORM DRAIN

EXHIBIT 1

257933
- 1 -

FUNDING/COOPERATIVE AGREEMENT
Corona MDP Line 5, Stage 1
Project No. 2-0-00280
Miscellaneous No. 215
This Funding/Cooperative Agreement ("Agreement"), dated as of , is entered into by the Riverside County Flood Control and Water Conservation District, a body corporate and politic ("DISTRICT"), and the City of Corona, a municipal corporation ("CITY").

DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party".

The Parties hereto agree as follows:

RECITALS
A. DISTRICT has budgeted for and CITY has plans to design and construct Corona MDP Line 5, Stage 1 ("LINE 5 STAGE 1") to provide flood protection to businesses along Railroad Street and Sherman Avenue; and
B. LINE 5 STAGE 1, as shown in concept in blue on Exhibit "A" attached hereto and made a part hereof, and as shown on DISTRICT Drawing No. 2-0507, includes approximately 2,400-foot underground storm drain ranging in pipe diameter from 30-inches to 54-inches, to collect runoff on Sherman Avenue, south of Railroad Street and extend westerly in Railroad Street to Smith Avenue, discharging into an existing CITY owned storm drain; and C. Associated with the construction of LINE 5 STAGE 1 are certain inlets, connector pipes and storm drains that are thirty-six inches (36") or less in diameter within CITY rights of way, hereinafter called ("APPURTENANCES"); and D. LINE 5 STAGE 1 and APPURTENANCES are hereinafter called ("PROJECT"); and
E. CITY is willing to assume the lead role for PROJECT and, therefore, will provide the administrative, technical, managerial and support services necessary to plan, design and construct PROJECT; and

257933
- 2 -
F. CITY desires that DISTRICT include certain unavoidable utility relocations as part of the DISTRICT's financial contribution to construct PROJECT. ("UTILITY RELOCATIONS") is defined as the unavoidable relocation of utilities not owned by CITY that (a) conflict with the construction of PROJECT; and (b) cannot be relocated by others under CITY's franchise authority. These certain unavoidable UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT; and G. Due to the Parties' mutual interest in PROJECT, DISTRICT wishes to support CITY's efforts by providing a financial contribution to implement PROJECT; and H. DISTRICT is willing to provide a financial contribution towards PROJECT and shall be as follows, subject to the not to exceed amount provided in Recital I below:
i. One hundred percent (100%) of costs associated with engineering design, hydrology and hydraulics, geo-technical analysis and potholing required to complete the design of PROJECT; California Environmental Quality Act ("CEQA") determination; preparation, application, and acquisition of the environmental clearance and permits if required for PROJECT; and other typical ancillary costs related to the preparation of improvement plans ("DESIGN CONTRIBUTION"). However, DESIGN CONTRIBUTION shall
not include the fees associated with the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"); and ii. In the event that CITY chooses to hire an engineering consulting firm to prepare IMPROVEMENT PLANS (defined in Section I.4.), DISTRICT is also willing to contribute an additional ten percent (10%) of design proposal cost to offset CITY's administrative costs

257933
- 3 -
associated with design contract administration ("DESIGN ADMIN"); and
iii. One hundred percent (100%) of the lowest responsible bid contract price for construction of PROJECT and the costs associated with UTILITY RELOCATIONS ("CONSTRUCTION
CONTRIBUTION"); and
iv. Up to an additional ten percent (10%) of CONSTRUCTION CONTRIBUTION to offset CITY's administrative costs associated with construction, contract administration and other typical ancillary costs related to the delivery of PROJECT
("CONSTRUCTION ADMINISTRATION CONTRIBUTION");
and
v. Up to an additional ten percent (10%) of CONSTRUCTION CONTRIBUTION for construction contract change orders
("CONSTRUCTION CHANGE ORDERS CONTRIBUTION");
and
I. Altogether, DESIGN CONTRIBUTION, DESIGN ADMIN,

CONSTRUCTION CONTRIBUTION, CONSTRUCTION ADMINISTRATION
CONTRIBUTION, and CONSTRUCTION CHANGE ORDERS CONTRIBUTION are hereinafter called ("TOTAL DISTRICT CONTRIBUTION"). TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total of Three Million Five Hundred Ten Thousand Dollars ($3,510,000); and
J. CITY agrees to fund and secure all remaining costs of PROJECT that exceeds TOTAL DISTRICT CONTRIBUTION, as set forth herein; and

257933
- 4 -
K. DISTRICT and CITY acknowledge it is in the best interest of the public to proceed with the construction of PROJECT at the earliest possible date; and L. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the design, construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
CITY shall:

1. Pursuant to the California Environmental Quality Act ("CEQA"), act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.

2. Upon execution of this Agreement, issue a first invoice to DISTRICT (Attn:

Special Projects Section) for fifty percent (50%) of DESIGN CONTRIBUTION, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Five Hundred Ten Thousand Dollars ($3,510,000) for PROJECT.

3. Provide DISTRICT an opportunity to review and approve the PROJECT engineering design cost proposal and associated design schedule. As PROJECT design progresses, CITY shall update said design schedule as requested by DISTRICT.

4. Prepare or cause to be prepared the necessary plans, bid documents and specifications for PROJECT, hereinafter called "IMPROVEMENT PLANS" in accordance with the applicable DISTRICT and CITY standards, and submit to DISTRICT (Attn: Special Projects

257933
- 5 -
Section) for its review, comment and approval prior to advertising PROJECT for construction bids.

5. Make reasonable efforts during the preparation of IMPROVEMENT PLANS to avoid utility conflicts associated with UTILITY RELOCATIONS.

6. Keep an accurate accounting of all PROJECT costs associated with the TOTAL DISTRICT CONTRIBUTION as set forth in Recital I and provide this accounting along with future invoices to DISTRICT. The final accounting of construction costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, approved change orders and other such construction contract documents as may be necessary to establish the actual costs associated with PROJECT.

7. Prior to advertising PROJECT for public works construction contract, secure all necessary permits, approvals or agreements required by any federal, state and local resource or regulatory agencies pertaining to PROJECT. Such documents may include, but are not limited to, a Section 404 permit issued by the U.S. Army Corps of Engineers, a Section 401 Water Quality Certification issued by the California Regional Water Quality Control Board ("CRWQCB"), a Streambed Alteration Agreement issued by the California Department of Fish and Wildlife, and a National Pollutant Discharge Elimination System Permit issued by the State Water Resources Control Board or CRWQCB and Western Riverside County Regional Conservation Authority ("REGULATORY PERMITS"). CITY shall also provide DISTRICT an opportunity to review, comment on and approve, as appropriate, all applications for REGULATORY PERMITS prior to submitting the application to the applicable regulatory agencies.

8. Following the signing of improvement plans by all Parties, issue a second invoice to DISTRICT (Attn: Special Projects Section) for (i) the remainder of DESIGN CONTRIBUTION and, if applicable, (ii) DESIGN ADMIN. The invoice shall include an

257933
- 6 -
accounting of all design costs associated with the preparation of plans and specifications for PROJECT, a copy of the signed improvement plans, including, and if applicable, the associated design contract administration cost. TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Five Hundred Ten Thousand Dollars ($3,510,000) for PROJECT.

9. Prior to advertising PROJECT for public works construction contract, secure at its sole cost and expense, all necessary permits, licenses, agreements, approvals, rights of entry and construction easements, necessary to construct, inspect, operate and maintain PROJECT.

10. Prior to awarding a public works construction contract for PROJECT, provide DISTRICT seven (7) calendar days following construction bid opening to review and approve or reject bids for construction of PROJECT. DISTRICT may only reject bids found by DISTRICT to be unreasonably high.

11. Advertise, award and administer a public works construction contract for PROJECT pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of IMPROVEMENT PLANS and any subsequent addenda thereto.

12. Provide DISTRICT with written notice (Attention: Special Projects Section) that CITY has awarded a public works construction contract for PROJECT. The written notice shall include CITY contractor's actual bid amounts for PROJECT, setting forth the lowest responsible bid contract amount.

13. At the time of providing written notice of the award of a construction contract as set forth in Section I.12, issue a third invoice to DISTRICT (Attention: Special Projects Section) for the payment of CONSTRUCTION CONTRIBUTION subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Five Hundred Ten Thousand Dollars ($3,510,000) for PROJECT.

257933
- 7 -

14. Prior to commencing construction of PROJECT, procure or caused to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance, including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. At minimum, the procured insurance coverages should adhere to DISTRICTꞌs required insurance provided in Exhibit "B" attached hereto and made a part hereof.

15. Prior to commencing construction of PROJECT, schedule and conduct a mandatory pre-construction meeting between CITY, CITY's construction manager, CITY's construction contractor(s), DISTRICT and other affected entities. CITY shall notify DISTRICT (Attention: Special Project Section) in writing at least twenty (20) days prior to conducting the pre-construction meeting.

16. Prior to commencing construction of PROJECT, furnish DISTRICT with final mylar of IMPROVEMENT PLANS and assign ownership of the IMPROVEMENT PLANS to DISTRICT.

17. Furnish DISTRICT, at the time of providing written notice of intent to start construction as set forth in Section I.15, with a construction schedule which shall show the order and dates in which CITY or CITY's contractor proposes to carry on the various parts of work, including estimated start and completion dates

18. Not permit any change to, or modification of, DISTRICT and CITY approved IMPROVEMENT PLANS that would result in a change of functionality or maintainability of PROJECT without DISTRICT's prior written permission and consent. Failure to do so shall be deemed a material breach of this Agreement and shall authorize and constitute

257933
- 8 -
authority for DISTRICT, at its sole discretion, to provide written notice to CITY that DISTRICT is unable to: a) perform its obligations hereunder, and b) to accept responsibility for ownership, operation and maintenance of LINE 5 STAGE 1 due, either in whole or in part, to said breach of this Agreement.

19. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS approved by DISTRICT and CITY.

20. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all CITY and DISTRICT employees on the site.

21. Relocate or cause to be relocated, at its sole cost and expense, all conflicting CITY owned utilities. CITY shall also order the relocation of all other utilities installed by permit or franchise within CITY rights of way which conflict with the construction of PROJECT.

22. Require its construction contractor(s) to furnish DISTRICT (Attention:

Contract Management Section) with a confined space procedure specific to PROJECT. The procedure shall comply with requirements contained in California Code of Regulations, Title 8, Section 5158, Other Confined Space Operations, Section 5157, Permit Required Confined Space and District confined Space Procedures, SOM-18. The procedure shall be provided to DISTRICT no less than twenty (20) days prior to requesting that DISTRICT perform a final inspection for acceptance of PROJECT. The procedure shall be reviewed and approved by DISTRICT prior to conducting the final inspection.

23. Inspect PROJECT construction or cause PROJECTꞌs construction to be inspected by its construction manager, and pay all costs associated therewith, provided that such costs will be included within CONSTRUCTION ADMINISTRATION CONTRIBUTION. In the event CITY wishes to utilize DISTRICTꞌs construction inspection, materials testing and

257933
- 9 -
construction survey services, CITY shall provide DISTRICT with a written request (Attn: Special Projects) for such services. However, CITY will continue to serve as construction contract manager.

24. Perform all survey and construction staking work as needed for PROJECT as specified herein.

25. Furnish, or cause its construction manager to furnish, all construction survey and materials testing services necessary to ensure PROJECT construction is accomplished in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.

26. Grant DISTRICT, by execution of this Agreement, the right to enter upon property owned or controlled by CITY where necessary and convenient for the purpose of gaining access to, and performing inspection service for, the construction of PROJECT.

27. Within two (2) weeks of completing PROJECT construction, provide DISTRICT with written notice (Attention: Construction Management Section) that PROJECT construction is substantially complete and requesting that DISTRICT conduct a final inspection of LINE 5 STAGE 1.

28. Upon completion of PROJECT construction, accept ownership and sole responsibility for the operation and maintenance of APPURTENANCES and LINE 5 STAGE 1 (subject to DISTRICT’s subsequent acceptance of ownership and responsibility for the operation and maintenance pursuant to Section II.12.) upon (i) CITY inspection of PROJECT in accordance with Section I.23., (ii) CITY acceptance of PROJECT construction as being complete, (iii) DISTRICT acceptance of LINE 5 STAGE 1 construction as being complete, and (iv) CITY receipt of stamped and signed record drawings of LINE 5 STAGE 1 plans as set forth in Section II.13.

29. Following CITY's acceptance of LINE 5 STAGE 1 for ownership, operation and maintenance and prior to DISTRICT's acceptance of ownership and responsibility for the

257933
- 10 -
operation and maintenance of LINE 5 STAGE 1 pursuant to Section II.12., LINE 5 STAGE 1 shall be in a satisfactorily maintained condition as solely determined by DISTRICT. If, subsequent to the inspection and, in the sole discretion of DISTRICT, LINE 5 STAGE 1 is not in an acceptable condition, corrections shall be made at CITY's sole expense.

30. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Recorded Notice of Completion. The recorded Notice of Completion shall be accompanied by the final accounting of all PROJECT construction costs as set forth in Section I.6. The final accounting of construction costs shall include, but not limited to, payment vouchers, approved change orders and other such construction contract documents as may be necessary to establish the actual cost of construction for PROJECT.

31. At the time of providing a Notice of Completion as set forth in Section I.30., and if applicable, issue a fourth invoice to DISTRICT (Attention: Special Projects Section) for CONSTRUCTION ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed Three Million Five Hundred Ten Thousand Dollars ($3,510,000) for PROJECT.

32. Upon completion of PROJECT construction but prior to DISTRICT's acceptance of LINE 5 STAGE 1 for ownership, operation and maintenance, provide DISTRICT with appropriate engineering documentation necessary to establish that LINE 5 STAGE 1 was constructed in accordance with DISTRICT-approved and CITY-approved IMPROVEMENT PLANS.

33. Upon completion of PROJECT construction but prior to CITY's acceptance of LINE 5 STAGE 1 and APPURTENANCES for ownership, operation and maintenance pursuant to Section I.28., provide or cause its civil engineer of record or construction civil engineer of record, duly registered in the State of California, to provide DISTRICT and CITY

257933
- 11 -
with redlined "record drawings" of IMPROVEMENT PLANS. After DISTRICT and CITY approval of the redlined "record drawings" CITY's engineer shall schedule with DISTRICT and CITY a time to transfer the redlined changes into DISTRICT's original mylars at DISTRICT's office, after which the engineer shall review, stamp and sign mylars "record drawings."

34. Refund to DISTRICT, at the time of providing a Notice of Completion as set forth in Section I.30., any unexpended portions of TOTAL DISTRICT CONTRIBUTION.

SECTION II
DISTRICT shall:

1. Act as a Responsible Agency under CEQA, taking all necessary and appropriate action to comply with CEQA for PROJECT.

2. Within thirty (30) business days of receiving CITY's first invoice to DISTRICT, pay CITY for fifty percent (50%) of DESIGN CONTRIBUTION as set forth in Section I.2, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Five Hundred Ten Thousand Dollars ($3,510,000) for PROJECT.

3. At its sole cost and expense, review, comment and make a determination on CITY's PROJECT engineering design cost proposal and associated design schedule as set forth in Section I.3.

4. Review IMPROVEMENT PLANS in accordance with the applicable DISTRICT and CITY standards and approve IMPROVEMENT PLANS prior to advertising PROJECT for construction bids as set forth in Section I.4.

5. Within thirty (30) business days of receiving CITY's second invoice to DISTRICT, pay CITY for the remaining fifty percent (50%) of DESIGN CONTRIBUTION following the signing of IMPROVEMENT PLANS as set forth in Section I.8., subject to and

257933
- 12 -
provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Five Hundred Ten Thousand Dollars ($3,510,000) for PROJECT.

6. Within seven (7) calendar days following CITY's public works construction bid opening, review and approve or reject bids for construction of PROJECT. CITY shall follow State law and its Municipal Code related to public works contracts. DISTRICT may only reject bids found by DISTRICT to be unreasonably high and shall not unreasonably withhold approval of contract.

7. Within thirty (30) business days of CITY awarding PROJECT construction contract, pay, at its sole cost and expense and not part of TOTAL DISTRICT CONTRIBUTION, the costs associated with MSHCP, which is either the lesser of (i) three percent (3%) of the lowest responsible bid price, or (ii) three percent (3%) of lowest responsible bid price less the value of applicable project-specific mitigation.

8. Within thirty (30) business days of receiving CITY's third invoice to DISTRICT, pay CITY for CONSTRUCTION CONTRIBUTION as set forth in Section I.13., subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Five Hundred Ten Thousand Dollars ($3,510,000) for PROJECT.

9. Conduct periodic inspections of LINE 5 STAGE 1 construction for quality control purposes at its sole cost and provide any comments to CITY's designated PROJECT construction inspector.

10. Upon receipt of CITY's Notice of Completion that PROJECT construction is substantially complete, conduct a final inspection of LINE 5 STAGE 1.

11. Pay CITY, within thirty (30) business days after receipt of CITY's fourth invoice, for CONSTRUCTION ADMINISTRATION CONTRIBUTION and if applicable, CONSTRUCTION CHANGE ORDERS CONTRIBUTION, as set forth in Section I.31., subject

257933
- 13 -
to and provided that TOTAL DISTRICT CONTRIBUTION does not exceed a total sum of Three Million Five Hundred Ten Thousand Dollars ($3,510,000) for PROJECT.

12. Accept ownership and responsibility for the operation and maintenance of LINE 5 STAGE 1 from CITY once all of the following takes place: (i) DISTRICT's inspection of LINE 5 STAGE 1 in accordance with Section I.27., (ii) DISTRICT's acceptance of LINE 5 STAGE 1 construction as being complete, (iii) DISTRICT's receipt of CITY's recorded Notice of Completion as set forth in Section I.30., (iv) DISTRICT's receipt of appropriate engineering documentation as set forth in Section I.32., (v) DISTRICT receipt of stamped and signed "record drawings" of IMPROVEMENT PLANS, as set forth in Section I.33., (v) CITY acceptance of APPURTENANCES for ownership, operation, and maintenance, (vi) LINE 5 STAGE 1 is fully functioning as a flood control drainage system as solely determined by DISTRICT, and (vii) DISTRICT's sole determination that LINE 5 STAGE 1 is in a satisfactorily maintained condition.

13. Provide CITY with a reproducible duplicate copy of "record drawings" of IMPROVEMENT PLANS upon; (i) DISTRICT acceptance of PROJECT construction as being complete, and (ii) DISTRICT receipt of stamped and signed "record drawings" of IMPROVEMENT PLANS as set forth in Section I.33.

14. Prior to DISTRICT acceptance of ownership and responsibility for the operation and maintenance of LINE 5 STAGE 1, LINE 5 STAGE 1 shall be in a satisfactorily maintained condition as solely determined by DISTRICT. If, subsequent to the inspection and, in the sole discretion of DISTRICT, LINE 5 STAGE 1 is not in an acceptable condition, corrections shall be made at sole expense of CITY.

SECTION III
It is further mutually agreed:

1. Notwithstanding any other provision herein this agreement TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Three Million Five Hundred Ten

257933
- 14 -
Thousand Dollars ($3,510,000) for PROJECT and shall be used by CITY solely for the purpose of the design and construction of said PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.

2. In the event the actual construction cost for PROJECT is less than CONSTRUCTION CONTRIBUTION, CITY shall refund the difference to DISTRICT within thirty (30) days of filing the Notice of Completion for PROJECT.

3. In the event CITY's construction contractor does not complete the construction of PROJECT in accordance with DISTRICT standards, CITY shall complete the PROJECT utilizing the bonds and insurances secured for PROJECT provided such bonds and insurance are sufficient to complete PROJECT. In the event such bonds and insurance are insufficient to complete PROJECT, CITY shall perform and prioritize the work necessary to ensure public safety requirements are met.

4. DISTRICT, the County of Riverside, the State of California or any of their duly authorized representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. CITY agrees to maintain such records for possible audit for a minimum of three (3) years after final payment.

CITY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.

5. CITY shall indemnify, defend and hold harmless, and require its construction contractor(s) to indemnify, defend and hold harmless, the Riverside County Flood Control and Water Conservation District, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively

257933
- 15 -
hereinafter referred to as "Indemnitees") from any liability whatsoever, based or asserted upon any acts, omissions or services of CITY or CITY's construction contractor(s), its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including, but not limited to, property damage, bodily injury or death, or any other element of any kind or nature whatsoever arising from the performance of CITY or CITY's construction contractor(s), their officers, employees, subcontractors, agents or representatives ("Indemnitors") from this Agreement. CITY or CITY's construction contractor(s) shall defend, at its sole expense, all costs and fees, including, but not limited to, attorney fees, cost of investigation, defense, and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.

6. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle or compromise any such action or claim without the prior consent of DISTRICT and the County of Riverside; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY's indemnification to Indemnitees as set forth herein.

7. CITY's obligation hereunder shall be satisfied when CITY has provided to DISTRICT and the County of Riverside the appropriate form of dismissal relieving DISTRICT and the County of Riverside from any liability for the action or claim involved.

8. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CITY's obligations to indemnify and hold harmless the Indemnitees herein from third party claims.

9. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such

257933
- 16 -
interpretation shall not relieve CITY from indemnifying the Indemnitees to the fullest extent allowed by law.

10. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

11. This Agreement is to be construed in accordance with the laws of the State of California.

12. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

13. Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party. Any attempt to delegate or assign any interest herein shall be deemed void and of no effect.

14. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.

15. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL CITY OF CORONA
AND WATER CONSERVATION DISTRICT 400 S. Victoria Avenue
1995 Market Street Corona, CA 92882
Riverside, CA 92501 Attn: Savat Khamphou
Attn: Contracts Services Section

16. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared

257933
- 17 -
as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

17. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or stopping DISTRICT or CITY from enforcing this Agreement.

18. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution toward PROJECT as set forth herein. In the event that such funds are not forth coming for any reason, DISTRICT shall immediately notify CITY in writing. Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY. If CITY has executed any third-party contracts for PROJECT prior to DISTRICT terminating this Agreement pursuant to this provision, DISTRICT shall compensate CITY for any work performed prior to DISTRICT terminating this Agreement.

19. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.

20. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties, and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.

257933
- 18 -

21. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not Parties to this.

22. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17) for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.

Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
//
//

257933
- 19 -
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:

COUNTY COUNSEL

KIMBERLY RECTOR
Clerk of the Board
By

KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel
By
Deputy
(SEAL)
Funding/Cooperative Agreement with City of Corona
Corona MDP Line 5, Stage 1
Project No. 2-0-00280
Miscellaneous No. 215
08/26/24
AMR:blj

257933
- 20 -
RECOMMENDED FOR APPROVAL: CITY OF CORONA
By _________________________________

SAVAT KHAMPHOU
Public Works Director
By

JACOB ELLIS
City Manager
APPROVED AS TO FORM: ATTEST:

By

DEAN DERLETH
City Attorney
By

SYLVIA EDWARDS
City Clerk
(SEAL)
Funding/Cooperative Agreement with City of Corona
Corona MDP Line 5, Stage 1
Project No. 2-0-00280
Miscellaneous No. 215
08/26/24
AMR:blj

SMITH AVE

MARKET ST

GRANT ST

GARFIELD ST

R NI CON ST

COMMERCE ST

LINCOLN AVE

MAPLE ST

SHERMAN AVE

RA LI ROAD ST
Corona MDP
Line 5
Project No.

Engineer

RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Corona MDP Line 5 .

Legend
City Facilities
FEMA Floodplain
Supervisorial District
2 2-8-00280-01
T. Hanson
Corona MDP Line 5

EXHIBIT A

Exhibit B
Insurance Requirements ׀ Page 1 of 5
DISTRICT's Insurance Requirements is as follows:

CITY's contractor(s) shall not commence operations until DISTRICT has been furnished with original certificate(s) of insurance and original certified copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section.

Without limiting or diminishing CITY's contractor(s) obligation to indemnify or hold DISTRICT harmless, CITY contractor(s) shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement.

As respects to the insurance section only, the DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A. Workers' Compensation:

If CITY contractor(s) has employees as defined by the State of California, CITY contractor(s) shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY's contractor(s) performance of its obligations hereunder. Policy shall name the DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

C. Vehicle Liability:

If CITY's contractor(s) vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY contractor(s) shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall

Exhibit B
Insurance Requirements ׀ Page 2 of 5
name the DISTRICT as Additional Insureds.

D. Pollution and Asbestos Liability:

CITYꞌs contractor(s) shall obtain, at its sole expense and keep in effect during the term of the contract, Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) covering CITYꞌs contractor(s) liability for a third-party bodily injury and property damage arising from pollution conditions caused by the CITYꞌs contractor(s) while performing their operations under the contract. The insurance coverage shall apply to sudden and accidental pollution events. Any coverage restriction as to time limit for discovery of a pollution incident and/or a time limit for notice to the insurer must be accepted by the DISTRICT. The insurance coverage shall also respond to cleanup cost. This coverage may be written in combination with the commercial general liability insurance or professional liability insurance.

CITYꞌs contractor(s) shall maintain Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The policy shall be endorsed to state that the general aggregate limit of liability shall apply separately to this contract. Any self-insured retention/deductible amount shall be submitted to the DISTRICT for review and approval. If CITYꞌs contractor(s) maintains broader coverage and/or higher limits than the minimums shown above, the DISTRICT requires and shall be entitled to the broader coverage and/or higher limits maintained by CITYꞌs contractor(s). Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the DISTRICT.

In the event, CITYꞌs contractor(s) encounters materials on the site that is believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, CITYꞌs contractor(s) shall immediately stop work in the area affected and report the condition to the DISTRICT in writing. The work in the affected area shall not thereafter be resumed except by written agreement of the DISTRICT and CITY, if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the DISTRICT and CITY.

Exhibit B
Insurance Requirements ׀ Page 3 of 5
CITYꞌs construction contractor(s) shall not be required to perform without consent any work relating to asbestos or polychlorinated biphenyl (PCB).

E. Professional Liability:

CITY contractor(s) shall cause any architect or engineer retained by CITY contractor(s) in connection with the performance of CITY's contractor(s) obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. CITY contractor(s) shall require that, if such Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2)Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for the term specified in the insurance policy as long as the law allows.

F. General Insurance Provisions – All Lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager. If the DISTRICTꞌs Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b. The CITY contractor(s) must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention deemed unacceptable to the DISTRICT, and at the election of the DISTRICTꞌs Risk Manager, CITY's contractor(s) carriers shall either: 1) reduce or eliminate such self-insured retention with respect to this Agreement with DISTRICT, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and

Exhibit B
Insurance Requirements ׀ Page 4 of 5
defense costs and expenses.
c. CITY contractor(s) shall cause their insurance carrier(s) to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if requested to do so orally or in writing by the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect.

Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the DISTRICT prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If CITY contractor(s) insurance carrier(s) policies does not meet the minimum notice requirement found herein, CITY contractor(s) shall cause CITY's contractor(s) insurance carrier(s) to furnish a 30-day Notice of Cancellation Endorsement.
d. In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance.
e. It is understood and agreed by the parties hereto that CITY's contractor(s)insurance shall be construed as primary insurance, and DISTRICT's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. f. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes,

Exhibit B
Insurance Requirements ׀ Page 5 of 5
etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein, if, in the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by CITY contractor(s) has become inadequate.
g. CITY contractor(s)shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. h. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT.
i. CITY contractor(s)agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

DATE: 10/02/2024
TO: Honorable Mayor and City Council Members
FROM: Community Services Department
2024-72

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

FISCAL YEAR 2025 COMMUNITY EVENTS CO-SPONSORSHIP PROGRAM

REQUESTS
EXECUTIVE SUMMARY:

This staff report asks the City Council to review and approve Phase II of the CoSponsorship Program for events from January through June 2025.

RECOMMENDED ACTION:

That the City Council approve Phase II of the Co-Sponsorship Program for events occurring January through June 2025.

BACKGROUND & HISTORY:

The Community Events Co-Sponsorship Program is intended to facilitate the implementation of community events hosted by Corona-based non-profits through a fee waiver or in-kind assistance for City staff and/or resources. Requests for these funds are intended to be one-time only, and organizations that will be considered shall meet the following program criteria:

1. Community groups, non-profit 501(c)(3) tax exempt organizations, or other government agencies.

2. Must be based within the City of Corona or must have a local branch within the City.

3. The event must be designed to accomplish one or more of the following objectives:

a. Promote the City of Corona as a desirable place to live, visit, or do business. b. Promote the City of Corona as a visitor destination and/or bring tourism-associated revenue to the City.
c. Enhance the quality of life and well-being of the residents of Corona. d. Advance the City’s commitment to, and pride in, being a multicultural community. e. Encourage the development of neighborhood identity and pride. f. Promote cultural and artistic awareness in the community.

The City reserves the right to decline any co-sponsorship requests if they are determined not to be in the city's best interests or would otherwise create a conflict of interest.

To better serve the community and provide more funding opportunities, the City is now accepting applications twice a year. Phase I applications for events taking place from July through December of 2024 were presented before the City Council on May 1, 2024.

Phase II applications for events from January through June of 2025 were made available through August 31, 2024. All co-sponsorship requests must be taken to City Council for review and approval before authorization.

ANALYSIS:

Applications for Phase I (July – December 2024) of the Co-Sponsorship Program were open from February – March 2024. Fourteen requests were received, including seven new requests and seven returning requests. These were presented to and approved by City Council on May 1, 2024.

Date Event & Organizer New /
Returning
Criteria
Met
Service /
Location
Support
Requested
(In-Kind)
7/13 Family Health Fair – Corona Norco
Family YMCA
New Yes Auburndale Park $650
8/3 Barbers and Backpacks – The Leela
Project
Returning Yes CCC Stage $1,910
8/10 Broadway Concert – Circle City
Chorale
Returning Yes HCC Theatre $825
9/7 Community Health Fair – Support
Sisterz
New Yes CCC $2,210
9/11 Remember 9/11 Patriot Day – Corona
Chamber Foundation
Returning Yes HCC Lawn $980
9/14 Pancake Breakfast – Corona Lions
Club
Returning Yes Library FAM
Room
$690
10/1 Red Ribbon Week Banners (4) –
Corona Norco Unified School District
Returning Yes Sixth Street $1,000
10/5 Red Ribbon Festival – CNUSD PTA New Yes HCC Lawn $1,350 10/19 Light the Night Walk – Leukemia &
Lymphoma Society, Inc.

New Yes Santana Park $1,020
10/22 High School Trade Fair – Construction
Industry Education Foundation.

New Yes Santana Park $750
10/26 Beaux Arts Ball – Women’s
Improvement Club
New Yes CCC Banquet
Room
$2,100

11/2 Amber Waves of Grain Beer Festival –
All American Riders and Blue Start
Mothers
Returning Yes Advertising In-Kind
11/2 Dia De Los Muertos Festival – Cinco de
Mayo Committee
New Pending
(Non-Profit
Status
Expired)
City Park $4,000
11/12 Step Up for Safety 5K – Charlie’s
Cause
Returning Yes Santana Park $720
TOTAL $18,205
Applications for Phase II (January – June 2025) of the Co-Sponsorship Program were open July – August 2024. Ten returning requests were received. Council is asked to consider approval for the following:

Date Event & Organizer New /
Returning
Criteria
Met
Service /
Location
Support
Requested
(In-Kind)
12/5 Texas Hold-Em Tournament Casino
Night – Lion’s Club
Note: Additional Phase I Request
Returning Yes Library FAM
Room
$1,022
1/5 Fundraiser / Volunteer Recognition –
For the People Taskforce
Returning Yes CCC Banquet
Room
$1,469
3/1 Dreams and Decisions – Soroptomist Returning Yes CCC Banquet Room
$1,535
3/15 Bingo Night Fundraiser – Inspire Life
Skills
Returning Yes CCC Banquet
Room
$1,566
4/26 Day of the Child – Corona Norco Day
of the Child
Returning Yes City Hall Lawn $902
5/10 Vintage Home Tour – Corona Historic
Preservation Society
Returning Yes HCC Community
Room / Cones
$300
5/17 Relay for Life – American Cancer
Society
Returning Yes Santana Park $1,200
5/24 Memorial Mile March – Corona
Chamber Foundation
Returning Yes HCC Lawn $750
6/7 Antiques Fair – Corona Heritage
Foundation
Returning Yes Traffic Control
Plan
$2,345
6/7 Lobsterfest – Corona Rotary Returning Yes City Hall Lawn $5,387 TOTAL $16,476
The combined Phase I and Phase II Community Event Co-Sponsorship Program requests total $34,681. The General Fund balance is sufficient for the recommended actions.

FINANCIAL IMPACT:

Funding for the recommended action is available in the Co-Sponsored Community Events Operating and Maintenance Project No. 63800.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can

be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action strictly pertains to the Co-Sponsorship Program and standard City operations and there is no possibility that approving this project will have a significant effect on the environment.

Therefore, no environmental analysis is required.

PREPARED BY: JASON LASS, RECREATION SERVICES MANAGER
REVIEWED BY: DONNA FINCH, COMMUNITY SERVICES DIRECTOR
ATTACHMENT:

1. Exhibit 1 – Presentation

Jason Lass
Recreation Services Manager

That the City Council approve Phase II of the CoSponsorship Program for events occurring January through June 2025.
16 2

• Intended to facilitate non-profit community
events open to the general public.
• Provides a “one-time” award in the form of a
fee waiver or in-kind assistance.
• In-kind support may be used to offset City
fees and the cost of City services incurred
by the requestor.

Note: This program does not provide assistance
in the form of cash towards an event.
3

Same Program, Twice The Opportunity!
STEPS PHASE ONE – Traditional Timeline
Events July through December 2024
PHASE TWO – Mid-Year Timeline
Events January through June 2025
Applications Available February July
Applications Due March August
Application Review April September
Present Recommendations to Council May October
Adoption of FY Budget (June), Award Letters June November 4

Corona non-profit or government agency
Event designed to accomplish one or more of the
following:
 Promote Corona as a desirable place to live, visit,
or do business;
 Promote Corona as a destination and/or
encourage tourism;
 Enhance qualify of life and well-being;
 Advance pride in multicultural community;
 Encourage neighborhood identity and pride;
 Promote cultural and artistic wellness.
16 5

Event
Date
Event & Organizer New / Returning Criteria Met (Y/N) Service / Amenity Fee Waiver/In-Kind Request 7/13 Family Health Fair
Corona-Norco Family YMCA New Yes Auburndale Park $650
8/3 Barbers and Backpacks
The Leela Project Returning Yes CCC Stage $1,910
8/10 Broadway Concert
Circle City Chorale Returning Yes HCC Theater $825
9/7 Community Health Fair
Support Sisterz New Yes CCC Indoor/Outdoor $2,210
9/11 Remembering 9/11 - Patriot Day Ceremony
Chamber Foundation Returning Yes HCC Lawn $980
9/14 Pancake Breakfast
Corona Lions Club Returning Yes Library FAM Rm. $690
10/1 Red Ribbon Week Banners (4)
Corona Norco Unified School District Returning Yes Sixth Street Banner Poles $1,000 10/5 Red Ribbon Festival
CNUSD Parent Teacher Association New Yes HCC Lawn $1,350 10/19 Light the Night Walk
Leukemia & Lymphoma Society, Inc New Yes Santana Park $1,020 10/22 High School Trade Fair
Construction Industry Education Foundation New Yes Santana Park $750 10/26 Beaux Arts Ball
Women's Improvement Club New Yes CCC Banquet Rm. $2,100 11/2 Amber Waves of Grain - Beer Festival at Dos Lagos
All American Riders and Blue Star Mothers Returning Yes Advertising In-Kind Advertising Only 11/2 Dia De Los Muertos Festival
Cinco de Mayo Committee New
No
Entity Status Exp. City Park $4,000
11/12 Step Up for Safety 5k
Charlie's Cause Returning Yes Santana Park $720
Total $18,205 Page 183 of 633
Event
Date
Event & Organizer New / Returning Criteria Met (Y/N) Service / Amenity Fee Waiver/In-Kind Request 12/5* Texas Hold-Em Tournament Casino Night
Corona Lions Club Returning Yes Library FAM Rom $1,022
1/5 Fundraiser / Volunteer Recognition
For the People Task Force Returning Yes CCC Banquet Room $1,469 3/1 Dreams and Decisions
Soroptimists of Corona Returning Yes CCC Banquet Room $1,535 3/15 Bingo Night Fundraiser
Inspire Life Skills Returning Yes CCC Banquet Room $1,566 4/26 Day of the Child
Corona Norco Day of the Child Returning Yes City Hall Lawn $902 5/10 Vintage Home Tour
Corona Historic Preservation Society Returning Yes
HCC Community Room
and Traffic Cones $300
5/17 Relay for Life
American Cancer Society Returning Yes Santana Park $1,200 5/24 Memorial Mile March
Chamber Foundation Returning Yes HCC Lawn $750
6/7 Antiques Fair
Heritage Park Returning Yes Traffic Control Plan $2,345 6/7
Lobsterfest
Corona Rotary Returning Yes Lane Closure $5,387
TOTAL $16,476
*Phase I Request Not Reviewed by Council

Phase I Requests $18,205
Phase II Requests $16,476
TOTAL $34,681 16
8

16 9
That the City Council approve Phase II of the
Co-Sponsorship Program for events occurring
January through June 2025.

City of Corona
Questions?
[email protected]
Recreation Services Manager

DATE: 10/02/2024
TO: Honorable Mayor and City Council Members
FROM: Finance Department
2024-68

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

PUBLIC HEARING AND ELECTION FOR ANNEXATION NO. 39 INTO COMMUNITY FACILITIES DISTRICT NO. 2016-3 (MAINTENANCE SERVICES).

EXECUTIVE SUMMARY:

This staff report asks the City Council to consider the property owner’s annexation request into the City’s Community Facilities District No. 2016-3 (Maintenance Services) to provide maintenance services for public facilities within and for the benefit of the proposed development.

RECOMMENDED ACTION:

That the City Council:
a. Adopt Resolution No. 2024-097, calling a special election and submitting to the qualified electors of the territory proposed to be annexed to Community Facility District No. 2016-3 (Maintenance Services) of the City of Corona the question of levying special taxes within the territory proposed to be annexed (Annexation No. 39).
b. Adopt Resolution No. 2024-098, declaring the results of the special election for Community Facilities District No. 2016-3 (Maintenance Services) of the City of Corona on the proposition of the annual levy of special taxes within the territory proposed to be annexed to said Community Facilities District to pay the costs of

certain services to be provided by the Community Facilities District, determining that the territory proposed to be annexed is added to and part of said Community Facilities District with full legal effect (Annexation No. 39).

BACKGROUND & HISTORY:

On December 7, 2016, the City Council approved Resolution No. 2016-112 establishing Community Facilities District No. 2016-3 (Maintenance Services) of the City of Corona ("CFD No. 2016-3" or "District") to levy special taxes on parcels of taxable property to provide certain services necessary to meet increased demands placed upon the City.

On August 21, 2024, the City Council adopted Resolution No. 2024-086, a Resolution of Intention to annex territory to CFD No. 2016-3 and commence the annexation proceedings for the territory to be annexed, also shown as Annexation No. 39. A public hearing was set for October 2, 2024, to conduct an election for the landowners and to declare the results of that election.

As required by the Resolution of Intention, an annexation map was recorded on August 21, 2024, at 11:35 a.m. in Book 93 Page 7, Document No. 2024-0133590, and the potential annexation area boundary map was recorded on November 7, 2016, at 4:40 p.m. in Book 80 Page 23, Document No. 2016-0494013 of Maps of Assessment and Community Facilities Districts with the Riverside County Recorder.

ANALYSIS:

The City Council adopted the Resolution of Intention in response to the Petition filed by Newcastle Skye Maple, LLC (“Owner”), property owner of APNs 118-030-010 within the City, who have requested that the City assist in annexing territory into CFD No. 2016-3 to cover the costs associated with the maintenance of public improvements. The improvements proposed to be maintained include items such as lighting, streets, and drainage.

The area proposed within Annexation No. 39 will encompass a development comprising

2.53 gross acres, including an industrial building (“Property”). The Property proposed to be annexed into CFD No. 2016-3 will be included in Tax Zone 39. This tax rate includes a Maximum Special Tax A of $1,014 per acre per year for maintenance services of public facilities. No services are being funded by the levy of Special Tax B for contingent services. The Maximum Special Taxes are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

The Petition, including the waiver and consent by the Owners, is on file in the City Clerk's office, and authorizes the City to: (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; and (4) waive all noticing requirements relating to the conduct of the election immediately following the public hearing scheduled for October 2, 2024.

FINANCIAL IMPACT:

On June 1 of each year, every building for which a building permit has been issued will be subject to special taxes in the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to the buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be on property with recorded final subdivision maps, as well as other undeveloped property.

The proposed total maximum assessment rate for Tax Zone 39 for Special Tax A is $1,014 per acre per year. The assessment rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. This annexation will yield an estimate of $2,308 annually in special assessment revenue for the District at build-out as planned.

The total annexation cost is being paid by the property owner.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action merely declares the City’s intent to annex the Subject Parcel to CFD No. 2016-3 and there is no possibility that adopting this resolution will have a significant effect on the environment. Therefore, no environmental analysis is required.

PREPARED BY: ERMA MONTANO, SENIOR FINANCIAL ANALYST
REVIEWED BY: KIM SITTON, FINANCE DIRECTOR
ATTACHMENTS:

1. Exhibit 1 – CFD No. 2016-3 Annexation No. 39 Project Map

2. Exhibit 2 – CFD No. 2016-3 Annexation No. 39 Recorded Boundary Map

3. Exhibit 3 – Resolution No. 2024-097

4. Exhibit 4 – Resolution No. 2024-098

MAPLE
ST
WIN
FIE
L
D
C
RI
BU
SIN
ESS
CE
NTE
R
D
R
VANDER
ST

COMMERCE ST

CAPITAL ST
H
E
LIC
O
P
T
E
R
CIR
D
EININ
G
E
R
CIR

MARKET ST

TENTH ST

LINCOLN AVE

VICENTIAAVE

BUENA VISTA AVE

SIXTH ST
MAPLE
ST

RAILROAD
ST

VIA DELRIO

PASEO GRANDE
SMITH
AVE

FRONTAGE RD

EIGHTH ST NINTH ST

GRANT AVE

CITATION CIR
RINCON
ST

HARRINGTON ST

MARKET ST
·|}þ91
CFD NO. 2016-3 (MAINTENANCE SERVICES)
ANNEXATION NO. 39

PROJECT MAP
^_

RESOLUTION NO. 2024-097

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CORONA, CALIFORNIA CALLING SPECIAL

ELECTION AND SUBMITTING TO THE QUALIFIED

ELECTORS OF TERRITORY PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2016-3 (MAINTENANCE SERVICES) OF THE CITY OF

CORONA THE QUESTION OF LEVYING SPECIAL TAXES

WITHIN THE TERRITORY PROPOSED TO BE ANNEXED
(ANNEXATION NO. 39)
WHEREAS, the City Council (the “City Council”) of City of Corona (the “City”) has heretofore conducted proceedings for the establishment of and has established Community Facilities District No. 2016-3 (Maintenance Services) of the City of Corona, County of Riverside, State of California (the “Community Facilities District”), and the Community Facilities District has been authorized to annually levy special taxes to pay the costs of the maintenance of public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use, including, but not limited to, maintenance and lighting of parks, parkways, streets, roads and open space, maintenance and operation of water quality improvements and storm drainage systems, and public street sweeping, within the Community Facilities District and in the surrounding area and the costs associated with the determination of the amount of and levy and collection of special taxes which will be levied to provide the services and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District.

WHEREAS, the City Council has been advised that the owner of approximately

2.28 net acres of land wish to have their land included within the boundaries of the Community Facilities District and have requested that such land be annexed thereto; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” to annex such land to the Community Facilities District; and
WHEREAS, on August 21, 2024 the City Council adopted Resolution No. 2024- 086, a resolution of intention to annex the Property to the Community Facilities District pursuant to Section 53339.2 of the California Government Code, determining that the public convenience and necessity require that said Property be annexed to the Community Facilities District and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 6:30 p.m. on October 2, 2024 in the Council Chambers of the City Council, 400 South Vicentia, Corona, California, as the time and place for a hearing upon said resolution; and

2 WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice of the time and place of said hearing as required by Section 53339.4 of said Code; and WHEREAS, on October 2, 2024, at the time and place of said hearing, the City Council afforded all interested persons for or against the annexation of the Property to the Community Facilities District an opportunity to present testimony and to protest against the proposed annexation of said Property to the Community Facilities District, and no protests, either oral or in writing, were received; and
WHEREAS, pursuant to Section 53339.7 of said Code, the City Council may now submit the question of levying a special tax within the area proposed to be annexed to the Community Facilities District to the qualified electors within said territory.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:

SECTION 1. Findings. The City Council finds that: (i) the foregoing recitals are correct; (ii) less than 12 persons have been registered to vote within the territory proposed to be annexed to the Community Facilities District during the 90 days preceding the close of the public hearing on October 2, 2024, and no persons are registered to vote therein; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowner of the territory proposed to be annexed to the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within said territory which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) Newcastle Skye Maple, LLC, the owner of all of the territory proposed to be annexed to the Community Facilities District, have by written consent (a) waived the time limits set forth in said Section 53326 for holding the election called by this resolution, (b) consented to the holding of said election on October 2, 2024, (c) waived notice and mailed notice of the time and date of said election, and (d) waived an impartial analysis by the City Attorney of the ballot proposition pursuant to Section 9280 of the California Elections Code, mailing of a statement pursuant to Section 9401 of said Code, and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code; and (vi) the City Clerk has consented to the holding of said election on October 2, 2024 or any other date that is acceptable to the City Clerk.

SECTION 2. Special Election. A special election is called for and shall be held on Wednesday, October 2, 2024, for the purpose of submitting to the qualified electors of the territory proposed to be annexed to the Community Facilities District the question of whether special taxes shall annually be levied within said territory to pay the costs of the maintenance of public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use, including, but not limited to, maintenance and lighting of parks, parkways, streets, roads and open space, maintenance and operation of water quality improvements and storm drainage systems, and public street sweeping, within the Community Facilities District and in the surrounding area, and the costs associated with the determination of the amount of and levy and collection of special taxes which will be levied to provide the services and costs otherwise incurred

3 in order to carry out the authorized purposes of the Community Facilities District pursuant to the Rates and Method of Apportionment of the Special Taxes, attached as Exhibit “B” to Resolution No. 2024-086.

SECTION 3. Ballot Proposition. The proposition to be submitted on October 2, 2024, to the qualified electors of the territory proposed to be annexed to the Community Facilities District shall be as follows:

Shall the City Council of the City of Corona be authorized to levy a special tax on an annual basis at the rate set forth in the following table:

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $1,014
plus an annual increase on each July 1, commencing on July 1, 2025, the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino – Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 39 of Community Facilities District No. 2016-3 (Maintenance Services) City of Corona” including lighting, streets, and drainage as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit B to Resolution No. 2024-086 adopted by the City Council of the City of Corona on August 21, 2024, and shall an appropriation limit be established for the community Facilities District No. 2016-3 (Maintenance Services) in the amount of special taxes collected? SECTION 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk (the “City Clerk”) pursuant to the provisions of the California Elections Code governing elections of cities, and the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.

SECTION 5. Election Procedures. The procedures to be followed in conducting said election shall be as follows:
(a) Pursuant to Section 53326 of the California Government Code, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid.
(b) Pursuant to applicable sections of the aforementioned provisions of the California Elections Code governing the conduct of mail ballot elections, including in particular Division 4 (commencing with Section 4000) of said Code, the City Clerk shall mail to each qualified elector an official ballot in the form attached hereto as Exhibit “A,” and shall also mail to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification

4 envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and copies of Resolution No. 2024-086.
(c) The official ballot to be mailed by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the Community Facilities District.
(d) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: the name of the landowner, the address of the landowner, a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, the printed name and signature of the voter, the address of the voter, the date of signing and place of execution of said declaration, and a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The information-to-voter form to be mailed by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5 o’clock p.m. on the date of the election.
(f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council at its next regular meeting as to the results of such canvass and the election on the proposition set forth in the official ballot.

5 PASSED, APPROVED AND ADOPTED this 2nd day of October, 2024. ____________________________________
Mayor of the City of Corona, California
ATTEST:
______________________________________
City Clerk of the City of Corona, California

6 EXHIBIT “A”

OFFICIAL BALLOT

SPECIAL ELECTION FOR
COMMUNITY FACILITIES DISTRICT NO. 2016-3
(MAINTENANCE SERVICES)

OF THE CITY OF CORONA

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
(ANNEXATION NO. 39)
October 2, 2024
To vote, mark a cross (+) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Corona and obtain another.

PROPOSITION A: Shall the City Council of
the City of Corona be authorized to levy a
special tax on an annual basis at the rate set
forth in the following table:

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $1,014
plus an annual increase on each July 1,
commencing on July 1, 2025, the Maximum
Special Tax shall increase by i) the
percentage increase in the Consumer Price
Index (All Items) for Riverside – San
Bernardino – Ontario (December 2017 =
100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%),
whichever is greater, to finance certain
services within the territory identified on the
map entitled “Annexation Map No. 39 of
Community Facilities District No. 2016-3
(Maintenance Services) City of Corona”
including lighting, streets, and drainage as
provided in the Rate and Method of
Apportionment (including incidental
expenses) which is attached as Exhibit B to
Resolution No. 2024-086 adopted by the City
Council of the City of Corona on August 21,
2024, and shall an appropriation limit be
established for the Community Facilities
District No. 2016-3 (Maintenance Services)
in the amount of special taxes collected?
YES
NO

CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 2nd day of October, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 2nd day of October, 2024.

____________________________________
City Clerk of the City of Corona, California
(SEAL)

RESOLUTION NO. 2024-098

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CORONA, CALIFORNIA DECLARING THE RESULTS

OF THE SPECIAL ELECTION FOR COMMUNITY
FACILITIES DISTRICT NO. 2016-3 (MAINTENANCE

SERVICES) OF THE CITY OF CORONA ON THE

PROPOSITION OF THE ANNUAL LEVY OF SPECIAL

TAXES WITHIN THE TERRITORY PROPOSED TO BE

ANNEXED TO SAID COMMUNITY FACILITIES DISTRICT

TO PAY THE COSTS OF CERTAIN SERVICES TO BE

PROVIDED BY THE COMMUNITY FACILITIES

DISTRICT, DETERMINING THAT THE TERRITORY

PROPOSED TO BE ANNEXED IS ADDED TO AND PART

OF SAID COMMUNITY FACILITIES DISTRICT WITH
FULL LEGAL EFFECT (ANNEXATION NO. 39)
WHEREAS, the City Council (the "City Council") of the City of Corona (the "City") has heretofore conducted proceedings for the annexation of approximately 2.53 gross acres and 2.28 net acres of land to Community Facilities District No. 2016-3 (Maintenance Services) of the City of Corona, County of Riverside, State of California (the "Community Facilities District"), including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for October 2, 2024 and submitting to the qualified electors of the territory to be annexed to the Community Facilities District the question of levying special taxes within that territory to pay the costs of the maintenance of public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use, including, but not limited to, maintenance and lighting of parks, parkways, streets, roads and open space, maintenance and operation of water quality improvements and storm drainage systems, and public street sweeping, within the Community Facilities District and in the surrounding area and the costs associated with the determination of the amount of and levy and collection of special taxes which will be levied to provide the services and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District (the "Election Resolution"); and WHEREAS, the City Council has received a statement from the City Clerk (the "City Clerk"), who, pursuant to the Election Resolution, was authorized to conduct such special election and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of said special election, certifying that at least two-thirds of the votes cast upon the proposition submitted to the qualified electors in said special election were in favor of such proposition.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:

2 SECTION 1. Findings. The City Council finds that: (i) there were no registered voters residing within the territory proposed to be annexed to the Community Facilities District (the "Territory") at the time of the close of the public hearing on October 2, 2024, and pursuant to Section 53326 of the Government Code, the vote in said special election was, therefore, to be by the landowner owning land within the Territory, with each landowner having one vote for each acre or portion thereof of land that he or she owns within the Territory; (ii) pursuant to said Section 53326 and the Election Resolution, the City Clerk distributed the official ballot for the special election to Newcastle Skye Maple, LLC, the owner of all of the land within the Territory, with return postage prepaid; (iii) said landowners waived the time limits for holding the special election and the election dates specified in said Section 53326, and consented to the calling and holding of said special election on October 2, 2024; (iv) said special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (v) pursuant to said Section 53326, the owners of all of the land within the Territory, who own

2.28 net acres, were entitled to 3 votes; (vi) said landowners returned their ballots to the City Clerk prior to the time set by the City Clerk for the close of the election on October 2, 2024; (vii) the ballot returned to the City Clerk by said landowners voted all votes of said landowners in favor of the proposition set forth therein; (viii) at least two-thirds of the votes cast in such special election on said proposition were in favor thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said proposition carried; (ix) pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the Territory to be annexed has been added to and become a part of the Community Facilities District with full legal effect; and (x) the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the Territory to pay the costs of the services to be provided by the Community Facilities District.

SECTION 2. Declaration of Results. All votes voted in the special election on the proposition of the annual levy of special taxes within the Territory to pay the costs of the services to be provided by the Community Facilities District were voted in favor thereof, and such proposition carried.

SECTION 3. Annexation. The Territory is annexed and added to and is a part of the Community Facilities District with full legal effect, and the City Council shall annually levy special taxes within the Territory, as specified in Resolution No. 2024-086 adopted by the City Council on August 21, 2024, to pay costs of certain services to be provided by the Community Facilities District. The boundaries of the Territory are shown on the map entitled, Annexation Map No. 39, Community Facilities District No. 2016-3 (Maintenance Services), City of Corona, County of Riverside, State of California, which was recorded on August 27, 2024 in the office of the County Recorder of the County of Riverside as Instrument No. 2024-0257967.

SECTION 4. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment of the notice of special tax lien and a map of the amended boundaries of the Community Facilities District including the Territory.

3 PASSED, APPROVED AND ADOPTED this 2nd day of October 2024.

____________________________________
Mayor of the City of Corona, California
ATTEST:
____________________________________________
City Clerk of the City of Corona, California

4 CERTIFICATION
I, Sylvia Edwards, City Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 2nd day of October, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 2nd day of October, 2024.

____________________________________________
City Clerk of the City of Corona, California
(SEAL)

DATE: 10/02/2024
TO: Honorable Mayor and City Council Members
FROM: Planning and Development Department
2024-52

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

ZONE TEXT AMENDMENT 2024-0003 TO TITLE 17 ZONING (amlegal.com) OF THE CORONA MUNICIPAL CODE AMENDING CHAPTER 17.63 HISTORIC RESOURCES (amlegal.com), HISTORICAL RESOURCES AND ADDING CHAPTER 2.38 ESTABLISHING A HISTORIC PRESERVATION BOARD TO TITLE 2 OF THE CORONA MUNICIPAL CODE (APPLICANT: CITY OF CORONA)
EXECUTIVE SUMMARY:

This staff report asks the City Council to approve Zone Text Amendment 2024-0003 (ZTA2024-0003) as recommended by the Planning and Housing Commission amending Chapter 17.63, Historical Resources, of the Corona Municipal Code. The amendment adds and amends definitions, creates a new historic resources listing for a structure of merit, and replaces certain responsibilities delegated to the Planning Commission to a Historic Preservation Board. Chapter 2.38 is also being added to the CMC to establish the creation of a Historic Preservation Board.

RECOMMENDED ACTION:

That the City Council:
a. Approve Zone Text Amendment 2024-0003, as recommended by the Planning and Housing Commission.
b. Introduce, by title only, and waive full reading of consideration of Ordinance No. 3403, first reading of an ordinance adding Chapter 2.38 (Historic Preservation Board) to Title 2 (Administration and Personnel) and amending CHAPTER 17.63

HISTORIC RESOURCES (amlegal.com) (Historic Resources) of TITLE 17 ZONING (amlegal.com) (Zoning) of the Corona Municipal Code (ZTA2024-0003).

BACKGROUND & HISTORY:

Chapter 17.63 of the Corona Municipal Code (CMC) governs historic resources in the City. The Historic Resources ordinance was adopted in 2001 and establishes definitions, criteria for listing properties on the City’s heritage inventory and local landmark register, criteria for deleting or reducing a listing on the heritage inventory or local landmark register, and criteria for the alteration, relocation or demolition of historic resources. The ordinance also covers other miscellaneous requirements associated with historic resources.

The City Council at its study session meetings on April 19, 2023, and March 20, 2024, discussed certain amendments to the Historic Resources ordinance which included adding a new historic resource category for a structure of merit and replacing the responsibilities delegated to the Planning Commission to a Historic Preservation Board.

Most of the City Council agreed to the proposed changes and directed staff to prepare the appropriate amendment to the ordinance.

ANALYSIS:

ZTA2024-0003 amends several sections of Chapter 17.63. Noteworthy changes to the Historic Resources ordinance are described below.
 Section 17.63.020 Definitions. Definitions for California Historical Landmarks, Historic Artifacts, Historic Preservation Board, and Structure of Merit were added.

Other definitions were also amended to commensurate with the changes being made to the ordinance.
 Section 17.63.050 Corona Register – Landmark Listing Criteria. For a landmark to be listed on the local register, one of the criteria is for the age of the historic resource to be in existence for a period of 50 years. Rather than stipulating the number of years for a historic resource, this is being amended to identify an era. The amendment changes a property to be in existence before 1950, or if in existence after 1950, is of exceptional historical importance to the community.  Section 17.63.065 Corona Register – Structures of Merit Listing Criteria. This is a new section being added to the Historic Resources ordinance. The structure of merit category is below the listing of a landmark but is worthy of being nominated to the local register because it includes physical elements that contribute to the City’s heritage and are worthy of preservation. A property identified as a structure of merit would be eligible for a Mills Act contract, which would allow the property owner to receive a reduced property tax in exchange for the maintenance and preservation of the property as a historic resource.  Historic Preservation Board. The ordinance delegates authority to the Planning Commission when it comes to reviewing local landmark nominations, adding or removing properties from the Heritage Inventory or Corona Register, and reviewing major alterations, relocation, or demolition of a historic resource on the Corona Register. Other duties of the Planning Commission include the review of

any amendment to the Historic Resources Element of the General Plan, a recommendation to survey potential historic resources to be listed on the Corona Register or Heritage Inventory, and public outreach programs regarding the management and preservation of historic resources. The amendment is proposing a Historic Preservation Board to oversee these responsibilities instead of the Planning Commission.

Title 2 of the CMC is being amended to add Chapter 2.38 establishing the Historic Preservation Board for the City.

FINANCIAL IMPACT:

The amendment to the CMC is City-initiated; therefore, no application fees were paid for the processing of this application.

ENVIRONMENTAL ANALYSIS:

Per Section 15061(b)(3) of the State Guidelines for Implementing the California Environmental Quality Act (CEQA) and Section 3.06 of the City’s Local CEQA Guidelines, a Notice of Exemption has been prepared for the project because a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendment involves text revisions to the CMC and will have no significant effect on the environment.

PLANNING AND HOUSING COMMISSION ACTION:

At its meeting on September 9, 2024, the Planning and Housing Commission considered the subject matter and took the following action:

Motion was made, seconded (Alexander/Vernon) and carried with Commissioner Longwell voting “No” that the Planning and Housing Commission recommend approval of ZTA2024-0003 to the City Council, based on the findings and conditions contained in the Staff Report. The minutes of the Planning and Housing Commission meeting are included as Exhibit 4.

PREPARED BY: JOANNE COLETTA, PLANNING AND DEVELOPMENT DIRECTOR ATTACHMENTS:

1. Exhibit 1 – Ordinance No. 3403

2. Exhibit 2 – CMC Chapter 17.63 Redlines

3. Exhibit 3 – Planning and Housing Commission staff report

4. Exhibit 4 – Minutes of the Planning and Housing Commission meeting of September 9, 2024

ORDINANCE NO. 3403

AN ORDINANCE OF THE CITY OF CORONA,
CALIFORNIA, ADDING CHAPTER 2.38 (HISTORIC
PRESERVATION BOARD) TO TITLE 2
(ADMINISTRATION AND PERSONNEL) AND AMENDING
CHAPTER 17.63 (HISTORIC RESOURCES) OF TITLE 17
(ZONING) OF THE CORONA MUNICIPAL CODE
(ZTA2024-0003).

WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to make and enforce within their jurisdictional limits ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and WHEREAS, Chapter 17.63 of the Corona Municipal Code (“CMC”) was adopted by the Corona City Council (“City Council”) to promote the recognition, preservation and continued viability of historic resources within the City of Corona (“City”) in the interest of prosperity, social and cultural enrichment and the general welfare of the people of the City; and WHEREAS, on September 9, 2024, the Planning and Housing Commission of the City of Corona (“Planning Commission”) conducted a duly noticed public hearing and recommended that the City Council amend Chapter 17.63 (Historic Resources) of Title 17 (Zoning) of the CMC to add a new historic resource category for structures of merit and replace the responsibilities delegated to the Planning Commission to a Historic Preservation Board (ZTA 2024-0003) (“Zone Text Amendment”); and
WHEREAS, the Planning Commission based its recommendation to adopt the Zone Text Amendment on the findings set forth below; and WHEREAS, on October 2, 2024, the City Council held a duly noticed public hearing at which all persons wishing to testify in connection with this Zone Text Amendment were heard and this Zone Text Amendment was comprehensively reviewed; and WHEREAS, the City Council also desires to add Chapter 2.38 (Historic Preservation Board) to Title 2 (Administration and Personnel) of the CMC to establish a Historic Preservation Board.

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

SECTION 1. CEQA Findings. As the decision-making body for this Zone Text Amendment, the City Council finds that this action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA

2 applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action involves minor changes to the text of the Zoning Code to implement amendments to the historic resources regulations to add a new historic resource category and to add Chapter 2.38 to establish a Historic Preservation Board. There is no possibility that adopting this Ordinance will have a significant effect on the environment. Therefore, no environmental analysis is required.

SECTION 2. Zoning Findings. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council hereby makes and adopts the following findings:

A. The proposed Zone Text Amendment is consistent with the General Plan for the following reason:
(i) ZTA2024-0003 fulfills the goals and policies related to the Historic Resources Element of the General Plan which provides for management of historical resources to help preserve historic structures and retain the City’s heritage.

B. The proposed Zone Text Amendment is consistent with Title 17 of the Corona Municipal Code for the following reason:
(i) Title 17 governs the development standards of land uses within the city and establishes other regulatory procedures described in the Zoning Code, and ZTA2024-0003 will update these regulations and application processes for historic resources regulated by Chapter

17.63. C. The proposed Zone Text Amendment will provide for the public health, safety and welfare for the following reason:
(i) ZTA2024-0003 establishes regulations for historic resources to promote the recognition, preservation and continued viability of historic resources in the City which supports cultural enhancement and protection of the public health, safety and welfare of the general public.

SECTION 3. Zoning Text Amendment. ZTA2024-0003 is hereby approved.

SECTION 4. Addition of Chapter 2.38. Chapter 2.38 (Historic Preservation Board) is hereby added to Title 2 (Administration and Personnel) of the CMC to read as set forth in Exhibit “A” attached to this Ordinance and incorporated herein by reference.

SECTION 5. Amendment to Chapter 17.63. Chapter 17.63 (Historic Resources) of Title 17 (Zoning) of the CMC is hereby amended to read as set forth in Exhibit “B” attached to this Ordinance and incorporated herein by reference.

3 SECTION 6. Official Record. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Corona City Hall, 400 S. Vicentia Avenue, Corona, California 92882. The custodian for these records is the Planning and Development Director of the City of Corona.

SECTION 7. Severability. If any provision or clause of this Ordinance or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect other provisions of this Ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this Ordinance are declared to be severable.

SECTION 8. Effective Date. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it, or a summary of it, to be published in a general circulation newspaper in the City of Corona. This Ordinance shall take effect and be in force 30 days after its adoption.

PASSED, APPROVED AND ADOPTED this 16th day of October, 2024. ___________________________________
Mayor of the City of Corona, California
ATTEST:
____________________________________
City Clerk of the City of Corona, California

4 CERTIFICATION
I, Sylvia Edwards, Clerk of the City of Corona, California, do hereby certify that the foregoing Ordinance was regularly introduced at a regular meeting of the City Council of the City of Corona, California duly held the 2nd day of October, 2024 and thereafter at a regular meeting held on the 16th day of October, 2024, it was duly passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 16th day of October, 2024. _______________________________________
City Clerk of the City of Corona, California
[SEAL]

5 EXHIBIT “A”
CHAPTER 2.38

HISTORICAL PRESERVATION BOARD
Sections:

2.38.010 Establishment.

2.38.020 Members - Qualifications.

2.38.030 Terms of office.

2.38.040 Organization.

2.38.050 Stipend.

2.38.060 Duties.

2.38.010 Establishment.

There is established a Historic Preservation Board for the City of Corona.

2.38.020 Members – Composition and qualifications.
(A) The Historic Preservation Board shall consist of five members selected and appointed by City Councilmembers pursuant to state and local law. (B) Board members shall be residents of the city at the time of their appointment, and continuously during their incumbency.
(C) Board members shall demonstrate competence, interest, or knowledge of historic preservation.

2.38.030 Terms of office.
(A) Board members shall be appointed for a term of four years. (B) The term of office for each Board member is subject to the provisions of Chapter

2.35. (C) The City Council may, by majority vote, remove any Board member at any time without cause.

2.38.040 Organization.
(A) The Board shall hold at least one meeting annually. (B) The Board shall appoint the Chair from among its members annually and appoint a Vice-Chair to preside in the absence of the Chair.
(C) The Board may adopt all necessary by-laws, rules and regulations for the conduct of its meetings.