REGULAR COUNCIL MEETING AGENDA
Eastvale City Hall Council Chambers
12363 Limonite Avenue, Suite 900, Eastvale, CA 91752
Wednesday, January 10, 2024
Regular Council Meeting:
6:30 PM
City Councilmembers
Christian Dinco, Mayor
Michael McMinn, Mayor Pro Tem
Clint Lorimore, Councilmember
Todd Rigby, Councilmember
Jocelyn Yow, Councilmember
Mark Orme, City Manager
Erica Vega, City Attorney
Marc Donohue, City Clerk/Communications Director
This Agenda contains a brief general descrip&on of each item to be considered. Except as otherwise provided by law, no ac&on or direc&on shall be taken on any item not appearing on the following Agenda. Unless legally privileged, all suppor&ng documents, including staff reports, and any wri&ngs or documents provided to a majority of the City Council a-er the pos&ng of this agenda are available for review at Eastvale City Hall, 12363 Limonite Avenue, Eastvale, CA 91752 or you may contact the City Clerk’s Office, at (951) 361-0900 Monday through Thursday from 7:30 a.m. to 5:30 p.m. and available online at www.eastvaleca.gov
.
Members of the public can observe the mee&ng by viewing the live-stream at www.eastvaleca.gov
and may provide public
comment by sending comments to the City Clerk's Office by email at [email protected]
. Staff will monitor emails to the
extent possible during the mee&ng and provide comments as possible. All comments will be made part of the record. Comments will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discre&on to reduce &me on public comment. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking &me. If a comment is received before the agenda item is heard but before the close of the mee&ng, the comment will all be included as a part of the record of the meeting but will not be read into the record.
In compliance with the Americans with Disabili&es Act, if you need special assistance to par&cipate in this mee&ng, you should contact the City Clerk’s Office at (951) 361-0900.
Regular mee&ngs are recorded and made available on the City’s website at www.eastvaleca.gov
. Mee&ng recordings are uploaded
to the City’s website within 24 hours (unless otherwise noted) after the completion of the meeting. 1 1.
CALL TO ORDER
2. ROLL CALL
3. CLOSED SESSION PUBLIC COMMENT
Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Council Members, City staff, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.
4. CLOSED SESSION ITEM(S)
5. INVOCATION
6. PLEDGE OF ALLEGIANCE
7. ADDITIONS/REVISIONS
The City Council may only add an item to the Agenda a2er making a finding that there is a need to take immediate acon on the item and that the item came to the aenon of the agency subsequent to the posng of the agenda. An acon adding an item to the agenda requires 2/3 vote of the Council. If there is less than 2/3 of the Council members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of each section unless otherwise noted.
8. PRESENTATIONS/ANNOUNCEMENTS
8.1. Adopt-A-Roadway Program Top Performers Recognition
9. AGENCY PARTNER UPDATES
9.1. Youth Council Update
10. PUBLIC COMMENT
Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Councilmembers, City staff, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.
2 11.
CONSENT CALENDAR
Consent Calendar items are normally enacted in one moon. The Mayor or City Council may remove a Consent Calendar item for separate acon. If a member of the public would like to speak on a Consent Calendar item, please complete a blue “Public Comment Form” and submit to the City Clerk prior to the item.
11.1. City Council Meeting Minutes
Submitted by: Marc A. Donohue, City Clerk/Communications Director
RECOMMENDED ACTION(S):
Staff recommends that the City Council approve the City Council meeting minutes from
regular meeting on December 13, 2023.
11.2. Treasurer’s Report: November 2023
Submitted by: Amanda Wells, Finance Director/City Treasurer
RECOMMENDED ACTION(S):
Staff recommends that the City Council receive and file the City Treasurer’s Report.
11.3. Second Reading of an Ordinance Amendment to Allow Commercial Self-Hauling
Submitted by: Simone Blackwell, Environmental Compliance Analyst
RECOMMENDED ACTION(S):
Staff recommends that the City Council approve the second reading and adopt the Ordinance amending the City's commercial waste self-hauling regulations.
11.4. Second Reading of an Ordinance Amendment to the Eastvale Noise Ordinance - Private Events at Public facilities
Submitted by: Johnny Terfehr, Community Safety Director
RECOMMENDED ACTION(S):
Staff recommends that the City Council approve the second reading and adopt the Ordinance amending the Eastvale Noise Ordinance - Private Events at Public Facilities.
11.5. Adoption of an Ordinance to Allow Medicinal Cannabis Retailers - Delivery Only in Compliance with Senate Bill (SB) 1186
Submitted by: David Murray, City Planner
RECOMMENDED ACTION(S):
Staff recommends that the City Council adopt the proposed Ordinance entitled:
AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE
, CALIFORNIA,
AMENDING SECTIONS 120.03.030, 120.04.150 AND 120.06.010 OF THE EASTVALE
MUNICIPAL CODE TO ALLOW DELIVERY-ONLY MEDICINAL CANNABIS RETAILERS TO LOCATE WITHIN THE CITY AS REQUIRED BY SB 1186
11.6. WRCOG Agreements for Streetlight Operations & Maintenance
Submitted by: Jimmy Chung, Public Works Director/ City Engineer
3 RECOMMENDED ACTION(S):
Staff recommends that the the City Council:
1 .
Approve and authorize the City Manager to execute a First Amendment to the Implementation Agreement with the Western Riverside Council of Governments (WRCOG); and
2 .
Approve and authorize the City Manager
to execute the Appendix 1 to the
WRCOG Professional Services Agreement with Yunex Traffic .
11.7. Acceptance of Public Improvements of Parcel Map 37635 the Transwestern Project, TDC Remington Partners, LLC - Along Limonite Avenue West of Cucamonga Creek, South of Remington Avenue
Submitted by: Jimmy Chung, Public Works Director/ City Engineer
RECOMMENDED ACTION(S):
Staff recommends that the City Council adopt Resolution 24-XX, accepting as complete the Public Improvements for Parcel Map 37635 (Transwestern PW19- 11322).
11.8. Approval to Accept and Quitclaim a Storm Drainage Easement to Riverside County Flood Control and Water Conservation District Related to Parcel Map No. 30810 and 31623 for Limonite Avenue Lateral, Stage 2 (Line E).
Submitted by: Annette Cano-Soza, Assistant Engineer
RECOMMENDED ACTION(S):
Staff recommends that the City Council:
1 .
Adopt the resolutions accepting a storm drain easement related to Parcel Map Nos. 30810 and 31623; and
2 .
Adopt the resolutions quitclaiming such easements to Riverside County Flood Control and Water Conservation District for the operation and maintenance of Limonite Avenue Lateral, Stage 2 (Line E); and
3 .
Authorize the City Manager to execute the quitclaim deed, which is on file in the City Clerk's Office.
11.9. Community Facility Districts Annual Special Tax Accountability Report, Fiscal Year 2022-23
Submitted by: Amanda Wells, Finance Director/City Treasurer
RECOMMENDED ACTION(S):
Staff recommends that the City Council receive and file the Fiscal Year 2023-24 Annual Special Tax Accountability Report for the City's Community Facility Districts and Annual Reports for all other Special Financing Districts.
4 12.
PUBLIC HEARINGS
The public is encouraged to express your views on any maer set for public hearing. It is our procedure to first receive the staff report, then to ask for public tesmony, first from those in favor of the project followed by tesmony from those in opposion to it, and if there is opposion, to allow those in favor, rebual tesmony only as to the points brought up in opposion. To tesfy on the maer, you need to simply come forward to the speaker’s podium at the appropriate me, give your name and address and make your statement. A2er a hearing is closed, you may not further speak on the maer unless requested to do so or are asked quesons by the Mayor or a Councilmember. Public comment is limited to three (3) minutes each with a maximum of six (6) minutes (time may be donated by one speaker.)
13. CITY COUNCIL BUSINESS
13.1. Quarterly Economic Development Updates
Submitted by: Alexander Fung, Economic Development Manager
RECOMMENDED ACTION(S):
Staff recommends that the City Council receive-and-file the report.
13.2. Ordinance Amending Penalties for Cannabis Violations
Submitted by: Johnny Terfehr, Community Safety Director
RECOMMENDED ACTION(S):
Staff recommends that the City Council introduce and waive reading of:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 120.04.150 (CANNABIS FACILITIES, CULTIVATION, AND
DELIVERIES) TO THE EASTVALE MUNICIPAL CODE
13.3. An Ordinance Adding Sections 10.20.180, 10.20.190, 10.20.200, and 10.32.80 to Chapter 10 of the Eastvale Municipal Code Related to Parking Violations and Updating the City Bail Schedule to Include New Sections
Submitted by: Johnny Terfehr, Community Safety Director
RECOMMENDED ACTION(S):
Staff recommends that the City Council:
1 .
Introduce the ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF EASTVALE
, CALIFORNIA, ADDING SECTIONS 10.20.180 (PARKING
WITHIN 18 INCHES OF THE CURB), 10.20.190 (PROHIBITED PARKING IN LOADING ZONES), 10.20.200 (STOPPING IN DESIGNATED FIRE LANE), AND
10.32.80 (ABANDONMENT OF VEHICLE) TO THE EASTVALE MUNICIPAL CODE; and
2 .
Adopt a
resolution amending the City Bail Schedule.
13.4. City Property Visioning, Discussion, and Direction
Submitted by: Stephanie Vasquez, Assistant to the City Manager
5 RECOMMENDED ACTION(S):
Staff recommends that City Council provide direction on City owned properties, future desired uses, particularly the potential expansion of the current City Hall Lease (12363 Limonite Avenue), in anticipation of the construction of the new Eastvale City Hall and Civic Center.
13.5. Authorize Additional Position in the Public Works/Engineering Department
Submitted by: Amanda Wells, Finance Director/City Treasurer
RECOMMENDED ACTION(S):
Staff recommends that the City Council
Approve and Adopt Resolution No. 24-XX
Amending the Fiscal Year 2023-24 Authorized Position List.
14. CITY MANAGER/CITY STAFF REPORT
15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS
16. ADJOURNMENT
The next regular mee&ng of the Eastvale City Council is scheduled for Wednesday, January 24, 2024, at 6:30 p.m. at Eastvale City Hall Council Chambers, 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752.
AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the following locations: City Hall, 12363 Limonite Avenue, Suite 910 and website of the City of Eastvale (
www.eastvaleca.gov
,) not less than 72 hours prior to the meeting.
______________________________________________________
Marc A. Donohue, MMC
City Clerk
6 Eastvale City Council Meeting Minutes
December 13, 2023 Page - 1
MINUTES
CITY OF EASTVALE
CITY COUNCIL REGULAR MEETING
Wednesday, December 13, 2023
Regular Meeting: 5:30 PM
City Hall Council Chambers
12363 Limonite Avenue, Suite 900
Eastvale, CA 91752
1. CALL TO ORDER – 5:30 p.m.
The regular meeting of the Eastvale City Council was called to order at 5:30 P.M. by Mayor Rigby.
2. ROLL CALL
Present: Councilmembers McMinn, Yow, Lorimore, Mayor Pro Tem Dinco, and Mayor Rigby.
Absent:
City Staff
Present: City Manager Orme, City Attorney Vega, and City Clerk/Communications Director Donohue were present at Roll Call. Other staff members were present.
3. CLOSED SESSION PUBLIC COMMENT – None
4. CLOSED SESSION ITEM
4.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Property: Lots 3, 5 and J of Tentative Tract Map 38290 approved by the City on May 11, 2022
Agency negotiator: Community Development Director Gustavo Gonzalez Negotiating parties: Arroyo Cap III-2, LLC
Under negotiation: Price and Terms of Payment
At the conclusion of closed session, City Attorney Vega stated that there was no reportable action.
7 Eastvale City Council Meeting Minutes
December 13, 2023 Page - 2
5. INVOCATION
Pastor Matt Miles from the Hillcrest Baptist Church in Eastvale offered the invocation.
6. PLEDGE OF ALLEGIANCE
Daksh Jain from Boy Scout Troop 251 led the Pledge of Allegiance.
7. CITY COUNCIL REORGANIZATION/APPOINTMENTS
7.1 Presentation to Outgoing Mayor Todd Rigby
Mayor Pro Tem Dinco presented a plaque to outgoing Mayor Todd Rigby.
7.2 Office of Mayor and Mayor Pro Tem
On motion of Councilmember Rigby and second by Councilmember McMinn, the City Council voted unanimously to appoint Christian Dinco to serve as Mayor until the last City Council meeting in Calendar Year 2024.
On motion of Councilmember Rigby and second by Mayor Dinco, the City Council unanimously voted to appoint Mike McMinn to serve as Mayor Pro Tem, who will assume the duties of the Mayor in the Mayor’s absence and hold the office until the last City Council meeting in Calendar Year 2024.
The City Council reached general consensus to bring back a potential policy regarding the rotation of the Mayor and Mayor Pro Tem positions for discussion at a future meeting.
7.3 City Council Regional Appointments
On motion of Councilmember Yow and second by Councilmember Lorimore, the City Council voted unanimously to approve the Regional Appointment List, as revised by the City Council.
7.4 City Council Committee Appointments
On motion of Councilmember Yow and second by Councilmember Lorimore, the City Council voted unanimously to approve the Committee Appointments List, as revised by the City Council.
8. ADDITIONS/REVISIONS – None
9. PRESENTATIONS/ANNOUNCEMENTS
9.1 Introduction of New City Staff – Annette Cano-Soza, Assistant Engineer; Kevin Moore, Community Enhancement and Safety Technician
City Manager Orme introduced Annette Cano-Soza, Assistant Engineer and Kevin Moore, Community Enhancement and Safety Technician
8 Eastvale City Council Meeting Minutes
December 13, 2023 Page - 3
9.2 Diwali Festival Volunteer Recognition – Chetna Nayyar Mayor Dinco presented Chetna Nayyar with a Certificate of Recognition.
10. AGENCY PARTNER UPDATES
10.1 Eastvale Library Update
Nina Taylor from the Eastvale Public Library provided an update.
10.2 Youth Council Update
There was no update for this item.
10.3 YMCA Update
Sam Albrecht from the Corona-Norco Family YMCA provided an update.
11. PUBLIC COMMENT
The following individual(s) provided public comment:
Derek Zhang, Eastvale Kiwanis Club
Kristin Steyerman, Eastvale Resident
12. CONSENT CALENDAR
On motion of Councilmember Lorimore and second by Councilmember Rigby, the City Council voted unanimously to approve the Consent Calendar.
12.1 City Council Meeting Minutes
The City Council approved the City Council meeting minutes from the regular meeting on November 8, 2023.
12.2 Warrant Register: October 2023
The City Council approved the payment of warrants as submitted by the Finance Department under Attachment 1.
12.3 Treasurer’s Report: October 2023
The City Council received and filed the City Treasurer’s Report.
12.4 Planning Department Update
9 Eastvale City Council Meeting Minutes
December 13, 2023 Page - 4
The City Council received and filed the Planning Department Update.
12.5 Public Works Department Update
The City Council received and filed the Public Works Department Update.
12.6 2024 City Council and Commissions Meeting/Holiday Schedule The City Council approved the 2024 City Council/Commissions and Holiday Schedule.
12.7 Approval of Professional Services Agreement with Bureau Veritas Technical Assessments LLC for Preparation of an American with Disabilities Act (ADA) Self- Evaluation Report and Transition Plan
The City Council:
1. Approved the Professional Services Agreement with Bureau Veritas Technical Assessments LLC in the amount of $298,783.80 plus a 10% contingency of $29,878.20 for a total amount of $ 328,662.00 for preparation of an American with Disabilities Act (ADA) Self-Evaluation Report and Transition Plan (CIP No. 91007); and
2. Approved and Adopted Resolution 23-XX Amending the 2023-24 Fiscal Year Capital Improvement Budget for project 91007 "Citywide Americans with Disabilities Act Transition Plan"
3. Authorized the City Manager to execute all necessary documents.
12.8 Award of Contract for Professional Services Agreement for Community Services Event (Miracle at Riverview)
The City Council approved the Professional Services Agreement in the amount of $58,275.00 with Bringing Home Christmas for professional snow, lighting, and decoration services; and authorize the City Manager to execute the Agreement.
12.9 Surplus City Hall Property
The City Council declared outdated City Hall property as surplus and authorized the destruction of surplus property.
12.10 Adoption of Revised Personnel Policies and Procedures Manual The City Council adopted a resolution approving the updated Personnel Policies and Procedures Manual.
12.11 Contract Award for Storm Drain Catch Basins Cleaning Services 10 Eastvale City Council Meeting Minutes
December 13, 2023 Page - 5
The City Council:
1. Approved a three-year Services Agreement with Sweeping Corp. of America for a total not-to-exceed amount of $308,736.91 for Storm Drain Catch Basins cleaning project;
2. Determined that compliance with the formal bidding procedures is not in the best interests of the city pursuant to EMC Section 4.06.080(i); and
3. Authorized the City Manager to execute all necessary documents.
12.12 Adoption of the 2023 Local Roadway Safety Plan (LRSP) The City Council:
1. Approved the 2023 Local Roadway Safety Plan (LRSP); and
2. Approved and adopted Resolution No. 23-XX, A Resolution of the City Council of the City of Eastvale, approving the 2023 Local Roadway Safety Plan (LRSP) and pledging to take action to improve safety.
12.13 Approval of Task Order No. 10 with Fehr & Peers for the Eastvale Civic Center Site Access and Circulation Study
The City Council approved Task Order No. 10 to the On-Call Agreement with Fehr & Peers for the Eastvale Civic Center Site Access and Circulations Study for a total not-to-exceed amount of $35,700.
12.14 Approval of Professional Services Agreement with GeoCon West Inc. for the Preliminary Environmental Site Assessment at Potential Public Works Yard Sites The City Council:
1. Approved the Professional Services Agreement with Geocon West Inc. (Geocon) for a total not-to-exceed amount of $20,000 for the preliminary environmental site assessment at potential Public Works Yard sites;
2. Approved and Adopted Resolution 23-XX Amending the 2023-24 Fiscal Year Operating Budget for Environmental Site Assessment (ESA) and;
3. Authorized the City Manager to execute all necessary documents.
12.15 Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Fees for Limonite Avenue Gap Closure Project
The City Council:
1. Approved and Adopted Resolution 23-XX, Amending the Capital Improvement Fiscal Year 2023-24 Budget by $523,750 for the Limonite Avenue Gap Closure Project; and
2. Authorized City Manager to execute all necessary documents and pay fees, interest, and penalties to Western Riverside County Regional Conservation Authority. 11 Eastvale City Council Meeting Minutes
December 13, 2023 Page - 6
12.16 Approval of Professional Services Agreement with Michael Baker International for Preparation of an Environmental Assessment for a Police Station at Eastvale Civic Center
The City Council:
1. Approved the Professional Services Agreement with Michael Baker International (Michael Baker) for a total not-to-exceed amount of $77,055 for preparation of an Environmental Assessment for a new police station at Eastvale Civic Center; and
2. Authorized the City Manager to execute all necessary documents.
12.17 Increase the Not-to-Exceed Amounts for Building Safety Division On-Call Consulting Contracts
The City Council approved the increase in the not-to-exceed amount for Building Safety on-call contracts to $450,000 per fiscal year in aggregate for all consultants combined.
12.18 Authorization of a Purchase Order for Equipment Purchases and Rentals for use by Public Works Staff
The City Council:
1. Authorized a fiscal year 2023-24 Purchase Order for United Rentals in the amount not-to-exceed $50,000 for equipment purchases and rentals for use by Public Works staff; and
2. Authorized the City Manager to execute all necessary documents.
12.19 Approval of Payment for the Annual Permit Fees to State Water Resources Control Board for Fiscal Year 2023/2024
The City Council approved payment to State Water Resources Control Board for Fiscal Year 2023/2024 Annual Permit.
13. PUBLIC HEARINGS
13.1 PLN23-20063 - Senate Bill (SB) 1186 Medicinal Cannabis Retailers – Delivery Only City Planner Murray presented a PowerPoint presentation and answered all related questions.
Mayor Dinco opened the public comment period. Hearing no response, Mayor Dinco closed the public comment period.
12 Eastvale City Council Meeting Minutes
December 13, 2023 Page - 7
On motion of Councilmember Yow and second by Mayor Pro Tem McMinn, the City Council introduced, read by title, and waived further reading of an Ordinance amending Sections 120.03.030, 120.05.150, and 120.06.010 of the Eastvale Municipal Code.
14. CITY COUNCIL BUSINESS
14.1 Independent ZIP Code Advocacy - United States Postal Service’s 92880 Municipality Designation Change Survey Updates
Economic Development Manager Fung presented a PowerPoint presentation and answered all related questions.
Mayor Dinco opened the public comment period.
The following individual(s) provided public comment:
Bryan Milligan, Field Representative from the office of Congresswoman Norma Torres
The City Council received and filed updates regarding United States Postal Service’s ZIP Code 92880 Municipality Designation Change Survey.
14.2 Amend Article I and Article IV of Eastvale Municipal Code Chapter 16.05 to Allow for Commercial Self-Hauling
Environmental Compliance Analyst Blackwell provided a verbal presentation and answered related questions.
Mayor Dinco opened the public comment period. Hearing no response, Mayor Dinco closed the public comment period.
On motion of Councilmember Yow and Councilmember Rigby, the City Council voted unanimously to introduce, read by title, and waive further reading of the amended self- haul ordinance addressing commercial self-haul.
14.3 Vigilant Solutions (ALPR Cameras) Contract Termination
Community Safety Director Terfehr presented a PowerPoint presentation and answered related questions.
Mayor Dinco opened the public comment period. Hearing no response, Mayor Dinco closed the public comment period.
On motion of Mayor Pro Tem McMinn and second by Councilmember Rigby, the City Council voted unanimously to terminate the agreement between the City and Vigilant Solutions.
13 Eastvale City Council Meeting Minutes
December 13, 2023 Page - 8
14.4 Amendment of Eastvale Noise Ordinance - Private Events at Public Facilities
Community Safety Director Terfehr presented a verbal presentation and answered related questions.
Mayor Dinco opened the public comment period. Hearing no response, Mayor Dinco closed the public comment period.
On motion of Councilmember Lorimore and second by Mayor Dinco, the City Council voted unanimously to introduce, read by title, and waive further reading of an ordinance amending the noise ordinance addressing noise emanating from private events at public facilities.
15. CITY MANAGER/CITY STAFF REPORT
City Manager Orme provided an update on upcoming City events.
16. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS
15.1 League of California Cities
Councilmember Rigby and Councilmember Lorimore provided reports.
15.2 Southern California Association of Governments
Councilmember Lorimore provided a report.
15.3 Western Riverside Council of Governments
Mayor Dinco provided a report.
15.4 Riverside Transit Agency
Councilmember Yow and Mayor Pro Tem McMinn provided reports.
15.5 Northwest Mosquito and Vector Control District
No report was provided.
15.6 Riverside County Transportation Commission
Councilmember Lorimore provided a report.
15.7 Western Riverside County Regional Conservation Authority No report was provided.
15.8 Finance Committee
14 Eastvale City Council Meeting Minutes
December 13, 2023 Page - 9
No report was provided.
15.9 Eastvale Schools Committee
Councilmember Rigby provided a report.
15.10 Business and Development Success Ad-Hoc Committee No report was provided.
15.11 Eastvale Legislative Ad-Hoc Committee
No report was provided.
15.12 Eastvale Community Services Ad-Hoc Committee
No report was provided.
15.13 Classification & Compensation Ad-Hoc Committee
No report was provided.
15.14 City Council Communications
The City Council provided comments.
ADJOURNMENT – Mayor Dinco adjourned the regular meeting at 9:23 P.M. The next regular meeting of the Eastvale City Council is scheduled for Wednesday, January 10, 2024, at 6:30 P.M.
Marc A. Donohue, MMC
City Clerk/Communications Director
15 AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.2
January 10, 2024
Treasurer’s Report: November 2023
Prepared By:
Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staff recommends that the City Council receive and file the City Treasurer’s Report.
Summary
In accordance with the City of Eastvale’s Investment Policy, adopted July 28, 2021, the City Treasurer is required to submit a quarterly treasurer’s report to the City Council. The report shall include types of investments, credit ra+ngs, ins+tu+ons involved, dates of purchases, dates of maturity, amount of deposits or cost of the security, current market value of the securi+es, interest rates, investment fund balances, and a statement as to whether investments are in compliance with the Investment Policy and whether there are sufficient funds to meet the City’s cash obliga+ons for the next six months.
Background
The Schedule of Investments includes a breakdown of the City’s investments by “Ac+ve” or “Inac+ve” Deposits. “Ac+ve Deposits” are those accounts which receive revenues, whereas “Inac+ve Deposits” are available for use but are not earning revenues. Detail reports for the PFM Managed Investment Por3olio, with all supplemental informa+on required by the City’s investment policy, are included in the report.
The Dash Board Report Card, consists of two sections:
I. Por3olio Diversifica+on – This sec+on reflects the diversifica+on of the City of Eastvale’s por3olio by both type of instrument and length of maturity. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
16 II. Por3olio Performance Measures – This sec+on compares budget to actuals in for interest earnings. Also included is a cash breakdown report per the City’s fund balance reserve policy showing funds restricted, commi@ed, designated, and unassigned in addi+on to investment income received as of November 30, 2023, broken down by investment type. The City of Eastvale’s Schedule of Investments complies with the City’s Investment Policy. The City has sufficient funds to meet its expenditure requirements for the next six months. Total cash and investments as of November 30, 2023 is $195,529,923 (book value). Ac+ve deposits total $183,475,275; inac+ve deposits total $12,054,647. Net investment income received for fiscal year 2023-24 through November 30, 2023 (five months of fiscal year) is $2,187,254. The net annualized yield on investments is 3.721%.
Environmental
Government investment reports are not considered a Project as defined by the California Environmental Quality Act (CEQA) and no environmental review is required.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
The Treasurer's Report is an activity required by the city's investment policy.
Fiscal Impact
Not applicable.
Prior City Council/Commission Action
Not applicable.
Attachment(s)
Attachment 1 - Investment Report: November 2023
Attachment 2 - PFM Statement: November 2023
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
17 Introduction
Month Ending
Active Deposits
Ending Book
Value
Inactive
Deposits
Ending Book
Value Interest
Realized
Gain/(Loss)
Yield at
Cost
December 31, 2022 $ 148,512,941 $ 12,000,700 308,283$ $ (8,044) 2.833% January 31, 2023 154,418,779 12,000,700 390,849 (26,577) 3.303% February 28, 2023 162,629,841 12,016,072 407,911 (116) 3.274% March 31, 2023 162,694,333 12,001,949 408,993 (14,774) 3.304% April 30, 2023 167,020,458 12,034,275 425,285 (14,092) 3.366% May 31, 2023 172,587,028 12,052,233 495,818 (6,939) 3.410% June 30, 2023 177,726,380 12,006,037 456,894 (15,281) 3.337% July 31, 2023 176,282,165 12,355,943 506,040 (116,443) 3.513% August 31, 2023 178,926,480 12,437,030 539,415 (139,395) 3.639% September 30, 2023 183,237,505 12,006,536 488,349 (164,751) 3.637% October 31, 2023 182,724,022 12,394,050 589,614 (29,059) 3.690% November 30, 2023 183,475,275 12,054,647 535,918 (5,426) 3.713%
CITY OF EASTVALE
Treasurer's Report
Fiscal Year 2023-24 as of November 30, 2023
In accordance with the City Investment Policy, a quarterly investment report shall be filed with the City Council which provides a clear picture of the status of the current investments. The report for the month ending November 30, 2023 has been prepared by City Staff. We hereby certify that this report accurately reflects all pooled investments and is in compliance with the City’s Investment Policy. Combined with anticipated revenues, the portfolio contains sufficient investment liquidity to meet budgeted expenditures for the next six months.
12 MONTH BALANCES
Prepared by the Finance Department in accordance with the adopted Investment Policy eastvaleca.gov18 Schedule of Investments
Par Value
Book Value Price
@ Cost
(Fair Value)
Market Value Yield
Money Market Accounts:
Citizens Business Bank - Money Market 3,011,449$ 3,011,449$ 3,011,449$ 0.100% First American Govt Oblig Fund CI Y 27,562 27,562 27,562 4.980% Total Money Market 3,039,011$ 3,039,011$ 3,039,011$ 0.144% Sweep Accounts:
Citizens Business Bank - General Sweep 38,465,122$ 38,465,122$ 38,465,122$ 0.100% Total Sweep Accounts 38,465,122$ 38,465,122$ 38,465,122$ 0.100% Pooled Investment Accounts:
CAMP Pool 101,280,971$ 101,280,971$ 101,280,971$ 5.580% Local Agency Investment Fund* 1,429,493 1,429,493 1,407,805 3.590% Total Pooled Investment 102,710,463$ 102,710,463$ 102,688,776$ 5.552% PFM Managed Investment Portfolio:
U.S. Treasury Bond / Note 18,620,000$ 18,068,539$ 17,144,595$ 2.280% U.S. Treasury Bill 210,000 209,816 209,815 5.270% Supra-National Agency Bond / Note 565,000 564,887 543,694 0.520% Municipal Bond / Note 1,110,000 1,110,313 1,052,558 0.780% Federal Agency Commercial 4,836,961 4,739,105 4,739,895 4.940% Asset-Back Security / Collateralized 1,735,833 1,735,609 1,728,734 4.350% Certificate of Deposit 720,000 720,000 712,766 5.260% Federal Agency Bond / Note 4,220,000 4,215,894 3,927,161 0.560% Bank Note 555,000 554,311 557,082 5.500% Corporate Note 7,364,000 7,342,206 7,132,994 3.130% Total PFM Managed Investments 39,936,794$ 39,260,679$ 37,749,296$ 2.715% 184,151,391$ 183,475,275$ 181,942,205$ 3.713% Checking Account:
Citizens Business Bank - General Account 12,053,947$ 12,053,947$ 12,053,947$ 0.000% Citizens Business Bank - HdL Holding 700$ 700$ 700$ 0.000% Total Inactive Deposits 12,054,647$ 12,054,647$ 12,054,647$ 0.000% 12,054,647$ 12,054,647$ 12,054,647$ 196,206,038$ 195,529,923$ 193,996,852$
*yield as of the prior quarter end
CITY OF EASTVALE
Treasurer's Report
Fiscal Year 2023-24 as of November 30, 2023
GRAND TOTAL CASH
ACTIVE DEPOSITS TOTAL
INACTIVE DEPOSITS TOTAL
INACTIVE DEPOSITS
ACTIVE DEPOSITS
Institution
Per Government Code requirements, the Investment Report is in compliance with the City of Eastvale's Investment Policy, and there are adequate funds available to meet budgeted and actual expenditures for the next six months.
Prepared by the Finance Department in accordance with the adopted Investment Policy eastvaleca.gov19 Dash Board Report Card
I. PORTFOLIO DIVERSIFICATION
Money Market 1.67%
Sweep 21.14%
LAIF 0.77%
CAMP Pool 55.67%
Certificates of Deposit 0.39%
U.S. Treasury Bond/ Note 9.42%
U.S. Treasury Bill 0.12%
Supra-National Agency Bond/Note 0.30%
Municipal Bond / Note 0.58%
Federal Agency Collaterized Mortgage 2.61%
Asset-Backed Security/ Collateralized 0.95%
Federal Agency Bond/ Note 2.16%
Bank Note 0.31%
Corporate Note 3.92%
100.00%
Less Than 90 Days 79.20%
90 days to Six Months (26 Weeks) 0.42%
Six Months to One Year (52 Weeks) 0.99%
One to Two Years (104 Weeks) 3.73%
Two to Three Years (156 Weeks) 6.72%
Three to Four Years (208 Weeks) 2.58%
Four to Five Years 5.67%
Five Years + 0.00%
99.31%
II. PORTFOLIO PERFORMANCE MEASURES
Yield at Cost - November 30, 2023 3.713%
Annual Investment Income Budget 2,539,578$ A
Investment Income Received-YTD 11/30/2023 2,204,261 B Less Investment Fees (17,007) C
Net Investment Income Received-YTD 11/30/2023 2,187,254$ B+C Over/(Under) Annual Budget (352,324)$ C-B
% of Annual Budget 86.127%
Net Yield Annualized at Cost - November 30, 2023 3.721%
CITY OF EASTVALE
Treasurer's Report
Fiscal Year 2023-24 as of November 30, 2023
DIVERSIFICATION BY INSTRUMENT
DIVERSIFICATION BY MATURITY
Prepared by the Finance Department in accordance with the adopted Investment Policy eastvaleca.gov20
Dash Board Report Card
Diversification by Maturity
Diversification by Investment
CITY OF EASTVALE
Treasurer's Report
Fiscal Year 2023-24 as of November 30, 2023
CAMP Pool
72.1%
Local Agency Investment
Fund
1.0%
U.S. Treasury
Bond / Note
12.2%
U.S. Treasury Bill
0.1%
Supra-National Agency
Bond / Note
0.4%
Municipal Bond / Note
0.7%
Federal Agency
Commercial
3.4%
Asset-Back Security /
Collateralized
1.2%
Certificate of Deposit
0.5%
Federal Agency Bond / Note
2.8%
Bank Note
0.4%Corporate Note
5.1%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
0 - 0.25 0.25 - 0.50 0.50 - 1 1 - 2 2 - 3 3 - 4 4 - 5 >5 % of Portfolio
Maturity in Years
Prepared by the Finance Department in accordance with the adopted Investment Policy eastvaleca.gov21
Dash Board Report Card
CITY OF EASTVALE
Treasurer's Report
Fiscal Year 2023-24 as of November 30, 2023
Year Over Year Interest Income
-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
4,000,000
4,500,000
2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 YTD
Net Interest Income Received
Fiscal Year
Prepared by the Finance Department in accordance with the adopted Investment Policy eastvaleca.gov22 Cash Breakdown per Fund Balance Reserve Policy
Schedule of Investments - November 30, 2023
Money Market Accounts 3,039,011$
Sweep Accounts 38,465,122
Pooled Investment Accounts 102,710,463
PFM Managed Investments 39,260,679
Checking Account 12,054,647
Grand Total Cash - November 30, 2023 195,529,923$
Breakdown of Total Cash at November 30, 2023
Non-Spendable & Restricted Funds (Non-Discretionary Per Law): 47,224,138$ per 06/30/2022 audited financials
Committed (Formal Action of City Council): 101,915,029
per fiscal year 2023-24 budget
Assigned (City's Intent):
per fiscal year 2023-24 budget
Fire Operations
per fiscal year 2023-24 budget 5,915,138
General Fund Emergency Contingency:
per fund balance reserve policy + 16,727,608
All Funds Adopted Budget
Revenues 108,054,398
Expenditures 107,946,849
All Funds Net Revenue - 107,549
Total Designated/ Assigned 22,535,197
Unassigned* 23,855,559
Grand Total Cash - November 30, 2023 195,529,923$
Fiscal Year 2023-24 as of November 30, 2023
Treasurer's Report
CITY OF EASTVALE
*Restricted, committed, and assigned figures based on estimated fund balances at the end of the fiscal year, 06/30/2024. However cash estimates in this report are based on the current month. As a result, it is typical that a variance exists between projected unassigned cash balance and current unassigned cash balances. The variance will not be resolved until the end of the fiscal year. A negative unassigned cash balance in the current period does not indicate a cash flow issue for the city. As an example, the General and Fire Funds are projected to end the fiscal year with a combined unassigned cash balance of $29,923,103.
Prepared by the Finance Department in accordance with the adopted Investment Policy eastvaleca.gov23 Investment Income Detail
Yield at Cost - November 30, 2023 3.713%
Annual Investment Income Budget A 2,539,578$
Investment Income Received YTD:
Money Market (CBB) 1,262$
Sweep (CBB) 14,672
Money Market (PFM) 6,256
LAIF 23,812
CAMP Pool 2,304,265
Certificate of Deposits 19,637
Municipal Bond/Note 9,765
U.S. Treasury Bill 133,610
U.S. Treasury Bond/ Note 477
Federal Agency Bond/ Note 13,294
Federal Agency Commercial Mortgage Backed Security 20,371 Asset-Backed Security 33,651
Corporate Note 77,942
Bank Note (1,092)
Supra-National Agency Bond/Note 1,413
Realized Gain/ (Loss) (455,074)
Total Investment Income Received-YTD 11/30/2023 B 2,204,261 Less Investment Fees Paid:
Trust Fees-U.S. Bank (1,884)
Management Fee-PFM (15,124)
Total Investment Fees Paid-YTD 11/30/2023 C (17,007)
Net Investment Income Received-YTD 11/30/2023 B+C 2,187,254$ Investment Income Over/(Under) Annual Budget C-B (352,324)$ % of Annual Budget 86.127%
Net Yield Annualized at Cost - November 30, 2023 3.721% Fiscal Year 2023-24 as of November 30, 2023
Treasurer's Report
CITY OF EASTVALE
Prepared by the Finance Department in accordance with the adopted Investment Policy eastvaleca.gov24
CITY OF EASTVALE
ACCOUNT STATEMENT
For the Month Ending
November 30, 2023
Customer Service
PO Box 11813
Harrisburg, PA 17108-1813
Contents
Cover/Disclosures
Summary Statement
Individual Accounts
CITY OF EASTVALE
AMANDA WELLS
12363 LIMONITE AVE
SUITE 910
EASTVALE, CA 91732
Client Management Team
Accounts included in Statement
20240100 CITY OF EASTVALE - INVESTMENT PORTFOLIO
https://www.pfmam.comOnline Access 1-717-232-2723Customer Service Sarah Meacham
Managing Director
633 W 5th St., 25th Floor
Los Angeles, CA 90071
213-415-1699
[email protected]
Richard Babbe, CCM
Senior Managing Consultant
633 W 5th St., 25th Floor
Los Angeles, CA 90071
949-230-6896
[email protected]
25 For the Month Ending November 30, 2023
Account Statement
Important Disclosures
Important Disclosures
365 and dividing the result by 7. The yields quoted should not be considered a representation of the yield of the fund in the future, since the yield is not fixed.
Average maturity represents the average maturity of all securities and investments of a portfolio, determined by multiplying the par or principal value of each security or investment by its maturity (days or years), summing the products, and dividing the sum by the total principal value of the portfolio. The stated maturity date of mortgage backed or callable securities are used in this statement. However the actual maturity of these securities could vary depending on the level or prepayments on the underlying mortgages or whether a callable security has or is still able to be called.
Monthly distribution yield represents the net change in the value of one share (normally $1.00 per share) resulting from all dividends declared during the month by a fund expressed as a percentage of the value of one share at the beginning of the month. This resulting net change is then annualized by multiplying it by 365 and dividing it by the number of calendar days in the month.
YTM at Cost The yield to maturity at cost is the expected rate of return, based on the original cost, the annual interest receipts, maturity value and the time period from purchase date to maturity, stated as a percentage, on an annualized basis.
YTM at Market The yield to maturity at market is the rate of return, based on the current market value, the annual interest receipts, maturity value and the time period remaining until maturity, stated as a percentage, on an annualized basis.
Managed Account A portfolio of investments managed discretely by PFMAM according to the client’s specific investment policy and requirements. The investments are directly owned by the client and held by the client’s custodian.
Unsettled Trade A trade which has been executed however the final consummation of the security transaction and payment has not yet taken place.
Please review the detail pages of this statement carefully. If you think your statement is wrong, missing account information, or if you need more information about a transaction, please contact PFMAM within 60 days of receipt. If you have other concerns or questions regarding your account, or to request an updated copy of PFMAM's current disclosure statement, please contact a member of your client management team at PFMAM Service Operations at the address below.
PFM Asset Management LLC
Attn: Service Operations
213 Market Street
Harrisburg, PA 17101
NOT FDIC INSURED NO BANK GUARANTEE MAY LOSE VALUE This statement is for general information purposes only and is not intended to provide specific advice or recommendations. PFM Asset Management LLC ("PFMAM") is an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bancorp Asset Management, Inc. ("USBAM"). USBAM is a subsidiary of U.S. Bank National Association ("U.S. Bank"). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of PFMAM. PFMAM maintains a written disclosure statement of our background and business experience. If you would like to receive a copy of our current disclosure statement, please contact Service Operations at the address below.
Proxy Voting PFMAM does not normally receive proxies to vote on behalf of its clients.
However, it does on occasion receive consent requests. In the event a consent request is received the portfolio manager contacts the client and then proceeds according to their instructions. PFMAM’s Proxy Voting Policy is available upon request by contacting Service Operations at the address below.
Questions About an Account PFMAM’s monthly statement is intended to detail our investment advisory activity as well as the activity of any accounts held by clients in pools that are managed by PFMAM. The custodian bank maintains the control of assets and executes (i.e., settles) all investment transactions. The custodian statement is the official record of security and cash holdings and transactions. PFMAM recognizes that clients may use these reports to facilitate record keeping and that the custodian bank statement and the PFMAM statement should be reconciled and differences resolved.
Many custodians use a settlement date basis which may result in the need to reconcile due to a timing difference.
Account Control PFMAM does not have the authority to withdraw funds from or deposit funds to the custodian outside the scope of services provided by PFMAM. Our clients retain responsibility for their internal accounting policies; implementing and enforcing internal controls and generating ledger entries or otherwise recording transactions.
Market Value Generally, PFMAM’s market prices are derived from closing bid prices as of the last business day of the month as supplied by Refinitiv or Bloomberg. For certain short-term investments or where prices are not available from generally recognized sources the securities are priced using a yield-based matrix system to arrive at an estimated market value. Prices that fall between data points are interpolated.
Non-negotiable FDIC-insured bank certificates of deposit are priced at par. Although PFMAM believes the prices to be reliable, the values of the securities may not represent the prices at which the securities could have been bought or sold. Explanation of the valuation methods for a registered investment company or local government investment program is contained in the appropriate fund offering documentation or information statement.
Amortized Cost The original cost of the principal of the security is adjusted for the amount of the periodic reduction of any discount or premium from the purchase date until the date of the report. Discount or premium with respect to short term securities (those with less than one year to maturity at time of issuance) is amortized on a straightline basis. Such discount or premium with respect to longer term securities is amortized using the constant yield basis.
Tax Reporting Cost data and realized gains / losses are provided for informational purposes only. Please review for accuracy and consult your tax advisor to determine the tax consequences of your security transactions. PFMAM does not report such information to the IRS or other taxing authorities and is not responsible for the accuracy of such information that may be required to be reported to federal, state or other taxing authorities.
Financial Situation In order to better serve you, PFMAM should be promptly notified of any material change in your investment objective or financial situation.
Callable Securities Securities subject to redemption prior to maturity may be redeemed in whole or in part before maturity, which could affect the yield represented.
Portfolio The securities in this portfolio, including shares of mutual funds, are not guaranteed or otherwise protected by PFMAM, the FDIC (except for certain non-negotiable certificates of deposit) or any government agency. Investment in securities involves risks, including the possible loss of the amount invested. Actual settlement values, accrued interest, and amortized cost amounts may vary for securities subject to an adjustable interest rate or subject to principal paydowns. Any changes to the values shown may be reflected within the next monthly statement’s beginning values.
Rating Information provided for ratings is based upon a good faith inquiry of selected sources, but its accuracy and completeness cannot be guaranteed.
Shares of some local government investment programs and TERM funds are marketed through representatives of PFMAM's affiliate, PFM Fund Distributors, Inc. which is registered with the SEC as a broker/dealer and is a member of the Financial Industry Regulatory Authority (“FINRA”) and the Municipal Securities Rulemaking Board (“MSRB”). You may reach the FINRA by calling the FINRA Hotline at 1-800-289-9999 or at the FINRA website address
https://www.finra.org/investors/investor-contacts. A brochure describing the FINRA Regulation Public Disclosure Program is also available from FINRA upon request.
Key Terms and Definitions
Dividends on local government investment program funds consist of interest earned, plus any discount ratably amortized to the date of maturity, plus all realized gains and losses on the sale of securities prior to maturity, less ratable amortization of any premium and all accrued expenses to the fund. Dividends are accrued daily and may be paid either monthly or quarterly. The monthly earnings on this statement represent the estimated dividend accrued for the month for any program that distributes earnings on a quarterly basis. There is no guarantee that the estimated amount will be paid on the actual distribution date.
Current Yield is the net change, exclusive of capital changes and income other than investment income, in the value of a hypothetical fund account with a balance of one share over the seven-day base period including the statement date, expressed as a percentage of the value of one share (normally $1.00 per share) at the beginning of the seven-day period. This resulting net change in account value is then annualized by multiplying it by
PFM Fund Distributors, Inc. ( PFMFD), a wholly -owned broker dealer subsidiary of PFM Asset Management LLC, is registered with the U .S. Securities and Exchange Commission (SEC) and is subject to the Rules of the Municipal Securities Rulemaking Board (MSRB) as it relates to the distribution of shares of local government investment pools. PFMFD is required to inform you of the availability of the MSRB Investor Brochure which describes the protections that may be provided by the MSRB rules and how to file a complaint with an appropriate regulatory authority. The MSRB Investor Brochure can be found on the MSRB’s website at www.msrb.org. 26 For the Month Ending November 30, 2023
Account Statement
Consolidated Summary Statement
CITY OF EASTVALE
Investment Allocation
Investment Type Closing Market Value Percent
1,728,734.36 1.24 Asset-Backed Security
3,927,161.32 2.82 Federal Agency Bond / Note
7,132,994.32 5.13 Corporate Note
557,082.36 0.40 Bank Note
712,765.80 0.51 Certificate of Deposit
4,739,895.41 3.41 Federal Agency Commercial Mortgage-Backed Security 1,052,557.85 0.76 Municipal Bond / Note
543,693.85 0.39 Supra-National Agency Bond / Note
209,815.37 0.15 U.S. Treasury Bill
17,144,595.38 12.33 U.S. Treasury Bond / Note
101,280,970.60 72.86 CAMP Pool
$139,030,266.62 Total 100.00%
Portfolio Summary
and Income
Closing
Market ValuePortfolio Holdings
Cash Dividends
PFMAM Managed Account 64,896.04 37,749,296.02
CAMP Pool 0.00 101,280,970.60
$64,896.04 $139,030,266.62 Total
Maturity Distribution (Fixed Income Holdings)
Portfolio Holdings Closing Market Value Percent
101,490,785.97
0.00 109,338.57
870,484.64
2,035,767.52
8,312,358.31
10,607,052.22
5,775,700.92
9,828,778.47
0.00 73.00
0.00 0.08
0.63 1.46
5.98 7.63
4.15 7.07
0.00 Under 30 days
31 to 60 days
61 to 90 days
91 to 180 days
181 days to 1 year
1 to 2 years
2 to 3 years
3 to 4 years
4 to 5 years
Over 5 years
Total $139,030,266.62
277
100.00%
Weighted Average Days to Maturity
Sector Allocation
1.24%
ABS
2.82%
Fed Agy Bond /
Note
5.13%
Corporate Note
0.40%
Bank Note
0.51%
Cert of Deposit
3.41%
Federal Agency
Commercial
Mortgage-Backed
Security
0.76%
Muni Bond / Note
0.39%
Supra-National
Agency Bond / Note
0.15%
US TSY Bill
72.86%
CAMP Pool
Summary Page 1
27 For the Month Ending November 30, 2023Managed Account Summary Statement CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Total Cash Basis Earnings
Plus Net Realized Gains/Losses
Less Purchased Interest Related to Interest/Coupons
Interest/Dividends/Coupons Received
Earnings Reconciliation (Cash Basis) - Managed Account
Less Beginning Accrued Interest
Less Beginning Amortized Value of Securities
Less Cost of New Purchases
Plus Coupons/Dividends Received
Plus Proceeds of Maturities/Calls/Principal Payments
Plus Proceeds from Sales
Ending Accrued Interest
Ending Amortized Value of Securities
Earnings Reconciliation (Accrual Basis)
$36,956,721.91
(1,207,231.03)
(78,611.72)
1,348,578.02
209,396.67
520,442.17
$37,749,296.02
68,307.16
(408.34)
(3,002.78)
$64,896.04
Total
39,260,679.11
145,103.45
78,664.85
1,207,231.03
68,254.03
(1,558,553.13)
(38,977,268.50)
(143,413.60)
Total Accrual Basis Earnings $80,697.24
Closing Market Value
Change in Current Value
Unsettled Trades
Principal Acquisitions
Principal Dispositions
Maturities/Calls
Opening Market Value
Transaction Summary - Managed Account
_________________
_________________
_______________________________________________ _______________________________________________ Reconciling Transactions Net Cash Contribution
Security Purchases
Principal Payments
Coupon/Interest/Dividend Income
Sale Proceeds
Maturities/Calls
Cash Transactions Summary - Managed Account
1,180,000.00
78,664.85
68,254.03
27,231.03
(1,348,986.36)
(347.99)
0.00 Cash Balance
$27,561.99 Closing Cash Balance
Account 20240100 Page 1
28 For the Month Ending November 30, 2023Portfolio Summary and Statistics CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Account Summary
Percent Par Value Market ValueDescription
U.S. Treasury Bond / Note 18,620,000.00 17,144,595.38 45.41 U.S. Treasury Bill 210,000.00 209,815.37 0.56
Supra-National Agency Bond / Note 565,000.00 543,693.85 1.44 Municipal Bond / Note 1,110,000.00 1,052,557.85 2.79 Federal Agency Commercial
Mortgage-Backed Security
4,836,961.16 4,739,895.41 12.56
Federal Agency Bond / Note 4,220,000.00 3,927,161.32 10.40 Corporate Note 7,364,000.00 7,132,994.32 18.89
Certificate of Deposit 720,000.00 712,765.80 1.89
Bank Note 555,000.00 557,082.36 1.48
Asset-Backed Security 1,735,833.23 1,728,734.36 4.58 Managed Account Sub-Total 39,936,794.39 37,749,296.02 100.00% Accrued Interest 145,103.45
Total Portfolio 39,936,794.39 37,894,399.47
Unsettled Trades 210,000.00 209,396.67
Sector Allocation
4.58%
ABS
1.48%
Bank Note
1.89%
Cert of Deposit
18.89%
Corporate Note
10.40%
Fed Agy Bond /
Note
12.56%
Federal Agency
Commercial
Mortgage-Backed
Security
2.79%
Muni Bond / Note
1.44%
Supra-National
Agency Bond / Note
0.56%
US TSY Bill
45.41%
US TSY Bond / Note
0 - 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years
3.15%
5.39%
22.02%
28.10%
15.30%
26.04%
0.00%
Maturity Distribution Characteristics
Yield to Maturity at Cost
Yield to Maturity at Market
Weighted Average Days to Maturity 1019
2.74%
4.78%
Account 20240100 Page 2
29 For the Month Ending November 30, 2023Managed Account Issuer Summary CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Credit Quality (S&P Ratings)
4.26%
A
8.54%
A+
2.66%
A-
0.56%
A-1+
4.54%
AA
70.18%
AA+
8.03%
AAA
1.17%
BBB+
0.06%
NR
Issuer Summary
Percentof HoldingsIssuer
Market Value
369,494.00 0.98 ADOBE INC
536,111.18 1.42 AMAZON.COM INC
310,159.87 0.82 AMERICAN EXPRESS CO
549,388.00 1.46 APPLE INC
572,540.14 1.52 BANK OF AMERICA CO
123,668.73 0.33 BRISTOL-MYERS SQUIBB CO
71,536.88 0.19 CARMAX AUTO OWNER TRUST
300,572.88 0.80 CHASE ISSURANCE
562,740.38 1.49 CITIGROUP INC
275,222.48 0.73 DEERE & COMPANY
105,783.41 0.28 DISCOVER FINANCIAL SERVICES
3,068,415.75 8.13 FANNIE MAE
462,261.57 1.22 FEDERAL HOME LOAN BANKS
265,678.67 0.70 FIFTH THIRD AUTO TRUST
268,452.90 0.71 FLORIDA STATE BOARD OF ADMIN FIN CORP 5,136,379.41 13.61 FREDDIE MAC
252,518.24 0.67 GOLDMAN SACHS GROUP INC
363,563.46 0.96 HOME DEPOT INC
261,560.51 0.69 HONDA AUTO RECEIVABLES
178,973.61 0.47 HYUNDAI AUTO RECEIVABLES
262,168.38 0.69 IBM CORP
543,693.85 1.44 INTER-AMERICAN DEVELOPMENT BANK
472,941.42 1.25 JP MORGAN CHASE & CO
134,910.90 0.36 LOS ANGELES COMMUNITY COLLEGE DISTRICT 439,592.87 1.16 MICROSOFT CORP
243,463.80 0.64 OREGON DEPARTMENT OF TRANSPORTATION
275,783.20 0.73 PACCAR FINANCIAL CORP
595,501.20 1.58 PFIZER INC
352,870.20 0.93 RABOBANK NEDERLAND
96,908.00 0.26 STATE OF MARYLAND
191,196.00 0.51 STATE OF MISSISSIPPI
261,943.50 0.69 TARGET CORP
Account 20240100 Page 3
30 For the Month Ending November 30, 2023Managed Account Issuer Summary CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Percentof HoldingsIssuer
Market Value
345,619.12 0.92 THE BANK OF NEW YORK MELLON CORPORATION 359,895.60 0.95 TORONTO-DOMINION BANK
508,056.28 1.35 TOYOTA MOTOR CORP
17,354,410.75 45.98 UNITED STATES TREASURY
117,626.25 0.31 UNIVERSITY OF CALIFORNIA
600,610.27 1.59 WAL-MART STORES INC
557,082.36 1.48 WELLS FARGO & COMPANY
$37,749,296.02 Total 100.00%
Account 20240100 Page 4
31 For the Month Ending November 30, 2023Managed Account Detail of Securities Held CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 08/31/2020 0.250% 08/31/2025
970,265.63 1,044,955.74 663.46 1,038,269.54 08/06/2108/02/21AaaAA+ 1,050,000.00 91282CAJ0 0.53
US TREASURY NOTES
DTD 09/30/2020 0.250% 09/30/2025
497,643.75 535,905.51 228.69 530,929.69 09/09/2109/07/21AaaAA+ 540,000.00 91282CAM3 0.67
US TREASURY NOTES
DTD 10/31/2020 0.250% 10/31/2025
252,570.31 268,080.91 58.55 261,754.88 03/01/2203/01/22AaaAA+ 275,000.00 91282CAT8 1.61
US TREASURY NOTES
DTD 10/31/2020 0.250% 10/31/2025
564,839.07 608,866.43 130.94 601,979.30 10/06/2110/04/21AaaAA+ 615,000.00 91282CAT8 0.78
US TREASURY NOTES
DTD 11/15/2022 4.500% 11/15/2025
338,565.61 342,957.08 672.53 344,462.50 12/02/2212/01/22AaaAA+ 340,000.00 91282CFW6 4.02
US TREASURY NOTES
DTD 11/30/2020 0.375% 11/30/2025
762,043.75 819,645.26 8.50 808,893.36 11/03/2111/02/21AaaAA+ 830,000.00 91282CAZ4 1.01
US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
183,218.76 198,547.79 313.86 196,757.81 05/07/2105/05/21AaaAA+ 200,000.00 91282CBC4 0.73
US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
1,007,703.18 1,088,520.29 1,726.22 1,073,917.97 04/07/2104/05/21AaaAA+ 1,100,000.00 91282CBC4 0.89
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
200,818.75 208,457.24 275.75 200,062.50 05/04/2205/03/22AaaAA+ 220,000.00 91282CBH3 2.95
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
456,406.25 495,445.31 626.70 489,648.44 02/26/2102/26/21AaaAA+ 500,000.00 91282CBH3 0.80
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
607,020.31 644,654.68 833.51 627,931.45 02/18/2202/17/22AaaAA+ 665,000.00 91282CBH3 1.84
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
657,225.00 704,759.21 902.45 691,481.25 01/10/2201/06/22AaaAA+ 720,000.00 91282CBH3 1.38
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
702,865.63 762,977.61 965.12 755,201.56 07/07/2107/02/21AaaAA+ 770,000.00 91282CBH3 0.80
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
739,378.12 808,885.94 1,015.25 807,437.11 02/04/2102/02/21AaaAA+ 810,000.00 91282CBH3 0.44 Account 20240100 Page 5
32 For the Month Ending November 30, 2023Managed Account Detail of Securities Held CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 02/28/2021 0.500% 02/28/2026
643,643.00 694,908.29 890.93 685,998.05 12/07/2112/03/21AaaAA+ 705,000.00 91282CBQ3 1.15
US TREASURY NOTES
DTD 05/31/2021 0.750% 05/31/2026
95,681.25 104,885.03 2.15 104,770.31 06/04/2106/02/21AaaAA+ 105,000.00 91282CCF6 0.79
US TREASURY NOTES
DTD 05/31/2021 0.750% 05/31/2026
947,700.00 985,483.21 21.31 953,143.75 06/08/2206/06/22AaaAA+ 1,040,000.00 91282CCF6 2.99
US TREASURY NOTES
DTD 09/30/2021 0.875% 09/30/2026
511,854.69 536,714.60 837.47 520,219.34 04/07/2204/05/22AaaAA+ 565,000.00 91282CCZ2 2.77
US TREASURY NOTES
DTD 02/15/2017 2.250% 02/15/2027
701,250.00 736,502.14 4,952.45 730,605.47 07/07/2207/05/22AaaAA+ 750,000.00 912828V98 2.85
US TREASURY NOTES
DTD 04/30/2020 0.500% 04/30/2027
192,912.50 203,154.86 93.68 196,625.00 08/05/2208/03/22AaaAA+ 220,000.00 912828ZN3 2.92
US TREASURY NOTES
DTD 08/15/2017 2.250% 08/15/2027
973,382.76 1,009,117.67 6,933.42 995,490.23 09/06/2209/01/22AaaAA+ 1,050,000.00 9128282R0 3.40
US TREASURY NOTES
DTD 09/30/2022 4.125% 09/30/2027
153,546.88 154,210.62 1,083.09 153,988.87 11/03/2211/01/22AaaAA+ 155,000.00 91282CFM8 4.27
US TREASURY NOTES
DTD 10/31/2022 4.125% 10/31/2027
376,496.86 384,226.32 1,334.96 385,284.38 12/08/2212/06/22AaaAA+ 380,000.00 91282CFU0 3.81
US TREASURY NOTES
DTD 10/31/2020 0.500% 10/31/2027
870,178.13 888,151.30 430.08 860,117.58 01/06/2301/04/23AaaAA+ 1,010,000.00 91282CAU5 3.91
US TREASURY NOTES
DTD 11/30/2022 3.875% 11/30/2027
564,488.31 577,120.84 60.88 577,380.86 06/05/2306/01/23AaaAA+ 575,000.00 91282CFZ9 3.77
US TREASURY NOTES
DTD 12/31/2022 3.875% 12/31/2027
510,493.78 524,049.37 8,432.34 524,875.00 01/31/2301/31/23AaaAA+ 520,000.00 91282CGC9 3.66
US TREASURY NOTES
DTD 01/31/2021 0.750% 01/31/2028
194,273.44 200,977.51 564.03 197,868.16 05/18/2305/16/23AaaAA+ 225,000.00 91282CBJ9 3.56
US TREASURY NOTES
DTD 01/31/2021 0.750% 01/31/2028
332,423.44 342,705.90 965.11 334,258.20 01/31/2301/31/23AaaAA+ 385,000.00 91282CBJ9 3.66 Account 20240100 Page 6
33 For the Month Ending November 30, 2023Managed Account Detail of Securities Held CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 02/28/2023 4.000% 02/29/2028
562,162.50 564,611.18 5,762.64 563,676.56 03/07/2303/03/23AaaAA+ 570,000.00 91282CGP0 4.25
US TREASURY NOTES
DTD 03/31/2021 1.250% 03/31/2028
974,371.88 1,011,520.04 2,350.41 998,696.48 05/09/2305/08/23AaaAA+ 1,110,000.00 91282CBS9 3.50
US TREASURY NOTES
DTD 04/30/2023 3.500% 04/30/2028
599,171.84 617,541.25 1,848.08 617,214.84 05/01/2305/01/23AaaAA+ 620,000.00 91282CHA2 3.60 44,984.56 17,144,595.38 18,068,539.13 2.28 17,828,940.44 18,620,000.00 Security Type Sub-Total U.S. Treasury Bill
US TREASURY BILL
DTD 06/08/2023 0.000% 12/07/2023
209,815.37 209,815.69 0.00 209,784.97 11/30/2311/29/23P-1A-1+ 210,000.00 912797FT9 5.27
0.00 209,815.37 209,815.69 5.27 209,784.97 210,000.00 Security Type Sub-Total Supra-National Agency Bond / Note
INTER-AMERICAN DEVEL BK NOTES
DTD 09/23/2021 0.500% 09/23/2024
543,693.85 564,886.70 533.61 564,581.90 09/23/2109/15/21AaaAAA 565,000.00 4581X0DZ8 0.52 533.61 543,693.85 564,886.70 0.52 564,581.90 565,000.00 Security Type Sub-Total Municipal Bond / Note
MD ST TXBL GO BONDS
DTD 08/05/2020 0.510% 08/01/2024
96,908.00 99,995.31 170.00 99,972.00 08/05/2007/23/20AaaAAA 100,000.00 574193TQ1 0.52
MS ST TXBL GO BONDS
DTD 08/06/2020 0.565% 11/01/2024
191,196.00 200,000.00 94.17 200,000.00 08/06/2007/24/20Aa2AA 200,000.00 605581MZ7 0.57
OR ST DEPT TRANS TXBL REV BONDS
DTD 09/17/2020 0.566% 11/15/2024
243,463.80 255,000.00 64.15 255,000.00 09/17/2009/11/20Aa1AAA 255,000.00 68607DVA0 0.57
UNIV OF CAL TXBL REV BONDS
DTD 07/16/2020 0.883% 05/15/2025
117,626.25 125,130.74 49.06 125,452.50 07/16/2007/14/20Aa2AA 125,000.00 91412HGE7 0.81
FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
75,355.20 80,186.92 419.33 80,565.60 09/16/2009/03/20Aa3AA 80,000.00 341271AD6 1.11 Account 20240100 Page 7
34 For the Month Ending November 30, 2023Managed Account Detail of Securities Held CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Municipal Bond / Note
FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
193,097.70 205,000.00 1,074.55 205,000.00 09/16/2009/03/20Aa3AA 205,000.00 341271AD6 1.26
LOS ANGELES CCD, CA TXBL GO BONDS
DTD 11/10/2020 0.773% 08/01/2025
134,910.90 145,000.00 373.62 145,000.00 11/10/2010/30/20AaaAA+ 145,000.00 54438CYK2 0.77 2,244.88 1,052,557.85 1,110,312.97 0.78 1,110,990.10 1,110,000.00 Security Type Sub-Total Federal Agency Commercial Mortgage-Backed Security
FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
59,873.82 60,514.11 168.25 63,272.43 12/18/1912/13/19AaaAA+ 60,340.28 3136AJB54 2.14 FHMS K061 A2
DTD 01/30/2017 3.347% 11/01/2026
253,721.62 258,082.42 739.13 256,842.97 05/24/2305/19/23AaaAA+ 265,000.00 3137BTUM1 4.31 FHMS K064 A2
DTD 05/15/2017 3.224% 03/01/2027
370,718.55 369,678.79 1,047.80 367,879.69 08/18/2308/16/23AaaAA+ 390,000.00 3137BXQY1 4.98
FHLMC MULTIFAMILY STRUCTURED P
DTD 07/01/2017 3.243% 04/01/2027
208,783.22 208,425.92 594.55 207,427.34 08/18/2308/16/23AaaAA+ 220,000.00 3137F1G44 4.97
FHLMC MULTIFAMILY STRUCTURED P
DTD 08/01/2017 3.117% 06/01/2027
325,643.56 324,267.40 896.14 322,628.91 08/22/2308/17/23AaaAA+ 345,000.00 3137F2LJ3 5.01 FHMS K507 A1
DTD 09/01/2023 4.800% 04/01/2028
354,193.56 352,633.01 1,432.23 352,438.49 09/28/2309/20/23AaaAA+ 358,057.49 3137HAMR4 5.19 FHMS K506 A1
DTD 09/01/2023 4.650% 05/01/2028
186,288.22 186,974.67 735.07 186,857.60 09/14/2309/07/23AaaAA+ 189,694.48 3137HAMG8 5.01 FHMS KJ46 A1
DTD 07/01/2023 4.777% 06/01/2028
296,370.13 299,372.00 1,191.78 299,371.46 07/27/2307/19/23AaaAA+ 299,378.96 3137HAD45 4.78 FHMS K505 A2
DTD 07/01/2023 4.819% 06/01/2028
357,249.11 363,324.69 1,445.70 363,595.68 07/20/2307/13/23AaaAA+ 360,000.00 3137HACX2 4.59 FNA 2023-M6 A2
DTD 07/01/2023 4.190% 07/01/2028
363,076.18 369,077.73 1,309.38 368,642.58 07/31/2307/18/23AaaAA+ 375,000.00 3136BQDE6 4.58 Account 20240100 Page 8
35 For the Month Ending November 30, 2023Managed Account Detail of Securities Held CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Federal Agency Commercial Mortgage-Backed Security
FHMS KJ47 A1
DTD 09/01/2023 5.272% 08/01/2028
211,215.25 209,488.94 920.36 209,488.90 09/28/2309/19/23AaaAA+ 209,489.95 3137HAMN3 5.27 FHMS K506 A2
DTD 09/01/2023 4.650% 08/01/2028
368,884.48 369,668.53 1,453.13 369,452.63 09/14/2309/07/23AaaAA+ 375,000.00 3137HAMH6 4.99 FHMS K508 A2
DTD 10/01/2023 4.740% 08/01/2028
375,925.80 371,846.14 1,501.00 371,664.32 10/19/2310/11/23AaaAA+ 380,000.00 3137HAQ74 5.26 FHMS K509 A2
DTD 10/01/2023 4.850% 09/01/2028
284,124.39 276,054.45 1,151.88 275,913.35 10/31/2310/25/23AaaAA+ 285,000.00 3137HAST4 5.60 FHMS K507 A2
DTD 09/01/2023 4.800% 09/01/2028
368,138.65 365,716.37 1,480.00 365,577.39 09/28/2309/20/23AaaAA+ 370,000.00 3137HAMS2 5.07 FHMS K510 A2
DTD 11/01/2023 5.069% 10/01/2028
146,292.20 144,582.92 612.50 144,580.81 11/21/2311/14/23AaaAA+ 145,000.00 3137HB3D4 5.14 FHMS K511 A2
DTD 12/07/2023 4.860% 10/25/2028
209,396.67 209,396.67 170.10 209,396.67 12/07/2311/28/23AaaAA+ 210,000.00 3137HB3G7 4.93 16,849.00 4,739,895.41 4,739,104.76 4.94 4,735,031.22 4,836,961.16 Security Type Sub-Total Federal Agency Bond / Note
FHLB BONDS
DTD 02/15/2019 2.500% 02/13/2024
109,338.57 109,984.20 825.00 109,610.60 02/15/1902/14/19AaaAA+ 110,000.00 3130AFW94 2.58
FEDERAL HOME LOAN BANK NOTES
DTD 04/16/2020 0.500% 04/14/2025
352,923.00 374,490.13 244.79 373,140.00 04/16/2004/15/20AaaAA+ 375,000.00 3130AJHU6 0.60
FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
221,308.43 235,343.00 159.11 236,203.20 06/05/2006/03/20AaaAA+ 235,000.00 3135G03U5 0.52
FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
130,843.16 140,215.81 318.89 140,656.60 10/05/2010/01/20AaaAA+ 140,000.00 3135G04Z3 0.40
FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
537,391.55 574,631.96 1,309.72 573,809.75 06/19/2006/17/20AaaAA+ 575,000.00 3135G04Z3 0.54
FREDDIE MAC NOTES
DTD 07/23/2020 0.375% 07/21/2025
325,393.60 349,428.56 473.96 348,257.00 07/23/2007/21/20AaaAA+ 350,000.00 3137EAEU9 0.48 Account 20240100 Page 9
36 For the Month Ending November 30, 2023Managed Account Detail of Securities Held CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Federal Agency Bond / Note
FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
342,723.60 369,399.07 370.00 368,268.40 08/27/2008/25/20AaaAA+ 370,000.00 3135G05X7 0.47
FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
703,972.80 758,527.92 760.00 755,888.40 10/22/2010/21/20AaaAA+ 760,000.00 3135G05X7 0.49
FREDDIE MAC NOTES
DTD 09/25/2020 0.375% 09/23/2025
494,040.40 534,415.54 378.96 533,389.65 09/25/2009/23/20AaaAA+ 535,000.00 3137EAEX3 0.44
FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
317,770.19 344,520.47 115.00 343,764.90 11/12/2011/09/20AaaAA+ 345,000.00 3135G06G3 0.57
FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
391,456.02 424,936.88 141.67 424,838.50 11/24/2011/19/20AaaAA+ 425,000.00 3135G06G3 0.51 5,097.10 3,927,161.32 4,215,893.54 0.56 4,207,827.00 4,220,000.00 Security Type Sub-Total Corporate Note
PFIZER INC CORP NOTES
DTD 03/11/2019 2.950% 03/15/2024
595,501.20 600,310.33 3,736.67 607,260.00 04/04/1904/02/19A1A+ 600,000.00 717081ES8 2.69 AMAZON.COM INC CORPORATE NOTES
DTD 05/12/2021 0.450% 05/12/2024
215,109.62 219,952.23 52.25 219,678.80 05/12/2105/10/21A1AA 220,000.00 023135BW5 0.50
WALMART INC CORPORATE NOTES
DTD 04/23/2019 2.850% 07/08/2024
600,610.27 612,017.42 6,905.71 629,038.10 07/12/1907/10/19Aa2AA 610,000.00 931142EL3 2.19
TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 02/13/2020 1.800% 02/13/2025
115,194.84 120,299.22 648.00 121,172.40 05/26/2005/20/20A1A+ 120,000.00 89236TGT6 1.58
TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 02/13/2020 1.800% 02/13/2025
158,392.91 165,411.43 891.00 166,612.05 05/26/2005/20/20A1A+ 165,000.00 89236TGT6 1.58 AMAZON.COM INC CORPORATE NOTES
DTD 04/13/2022 3.000% 04/13/2025
321,001.56 329,761.11 1,320.00 329,475.30 04/13/2204/11/22A1AA 330,000.00 023135CE4 3.06 Account 20240100 Page 10
37 For the Month Ending November 30, 2023Managed Account Detail of Securities Held CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Corporate Note
CITIGROUP INC (CALLABLE) CORPORATE
NOTES
DTD 05/04/2021 0.981% 05/01/2025
92,830.39 95,000.00 77.66 95,000.00 05/04/2104/27/21A3BBB+ 95,000.00 172967MX6 0.98
CITIGROUP INC (CALLABLE) CORPORATE
NOTES
DTD 05/04/2021 0.981% 05/01/2025
97,716.20 100,036.85 81.75 100,265.00 05/04/2104/28/21A3BBB+ 100,000.00 172967MX6 0.91
GOLDMAN SACHS GROUP INC CORPORATE
NOTES
DTD 05/22/2015 3.750% 05/22/2025
252,518.24 269,037.19 243.75 289,486.60 02/18/2102/16/21A2BBB+ 260,000.00 38148LAE6 1.02
JPMORGAN CHASE & CO (CALLABLE) CORP
NOTE
DTD 06/01/2021 0.824% 06/01/2025
141,035.12 145,000.00 597.40 145,000.00 06/01/2105/24/21A1A- 145,000.00 46647PCH7 0.82
BRISTOL-MYERS SQUIBB CO CORPORATE
NOTES
DTD 11/13/2020 0.750% 11/13/2025
123,668.73 133,407.47 50.25 132,665.36 06/21/2106/17/21A2A+ 134,000.00 110122DN5 0.98
BANK OF AMERICA CORP NOTES
(CALLABLE)
DTD 03/22/2022 3.384% 04/02/2026
269,878.84 280,000.00 1,552.88 280,000.00 03/22/2203/17/22A1A- 280,000.00 06051GKM0 3.38
JPMORGAN CHASE & CO (CALLABLE)
CORPORATE
DTD 04/26/2022 4.080% 04/26/2026
331,906.30 340,000.00 1,348.67 340,000.00 04/26/2204/19/22A1A- 340,000.00 46647PCZ7 4.08
MICROSOFT CORP (CALLABLE) NOTES
DTD 08/08/2016 2.400% 08/08/2026
439,592.87 467,990.50 3,503.00 470,156.85 02/25/2202/23/22AaaAAA 465,000.00 594918BR4 2.14
PACCAR FINANCIAL CORP CORPORATE
NOTES
DTD 08/10/2023 5.050% 08/10/2026
275,783.20 276,014.64 4,281.98 276,130.25 08/11/2308/09/23A1A+ 275,000.00 69371RS56 4.90
BANK OF AMERICA NA CORPORATE NOTES
DTD 08/18/2023 5.526% 08/18/2026
302,661.30 297,567.28 4,743.15 297,474.00 10/24/2310/23/23Aa1A+ 300,000.00 06428CAA2 5.85
TARGET CORP CORP NOTES (CALLABLE)
DTD 01/24/2022 1.950% 01/15/2027
45,955.00 49,946.62 368.33 49,915.00 01/24/2201/19/22A2A 50,000.00 87612EBM7 1.99 Account 20240100 Page 11
38 For the Month Ending November 30, 2023Managed Account Detail of Securities Held CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Corporate Note
TARGET CORP CORP NOTES (CALLABLE)
DTD 01/24/2022 1.950% 01/15/2027
215,988.50 234,909.63 1,731.17 234,856.65 01/31/2201/27/22A2A 235,000.00 87612EBM7 1.96
BANK OF NY MELLON CORP (CALLABLE)
CORPOR
DTD 01/26/2022 2.050% 01/26/2027
345,619.12 380,765.01 2,704.86 381,223.60 01/28/2201/26/22A1A 380,000.00 06406RBA4 1.98
ADOBE INC (CALLABLE) CORP NOTE
DTD 02/03/2020 2.150% 02/01/2027
369,494.00 376,394.91 2,866.67 369,240.00 12/15/2212/13/22A2A+ 400,000.00 00724PAC3 4.20
IBM CORP NOTES (CALLABLE)
DTD 07/27/2022 4.150% 07/27/2027
262,168.38 273,753.16 3,859.50 275,146.20 08/04/2208/02/22A3A- 270,000.00 459200KT7 3.73
HOME DEPOT INC CORP NOTES (CALLABLE)
DTD 09/14/2017 2.800% 09/14/2027
363,563.46 372,007.18 2,335.67 368,000.10 01/27/2301/25/23A2A 390,000.00 437076BT8 4.15
APPLE INC CORP NOTES CALLABLE
DTD 05/10/2023 4.000% 05/10/2028
549,388.00 560,911.95 1,306.67 561,024.80 05/18/2305/16/23AaaAA+ 560,000.00 037833ET3 3.96
JOHN DEERE CAPITAL CORP CORPORATE
NOTES
DTD 07/14/2023 4.950% 07/14/2028
125,101.13 124,828.02 2,354.69 124,813.75 07/14/2307/11/23A2A 125,000.00 24422EXB0 4.98
JOHN DEERE CAPITAL CORP CORPORATE
NOTES
DTD 07/14/2023 4.950% 07/14/2028
150,121.35 151,884.00 2,825.62 152,037.00 07/17/2307/13/23A2A 150,000.00 24422EXB0 4.64
CITIBANK NA CORP NOTES (CALLABLE)
DTD 09/29/2023 5.803% 09/29/2028
372,193.79 365,000.00 3,647.83 365,000.00 09/29/2309/26/23Aa3A+ 365,000.00 17325FBB3 5.80 54,035.13 7,132,994.32 7,342,206.15 3.13 7,380,671.81 7,364,000.00 Security Type Sub-Total Certificate of Deposit
TORONTO DOMINION BANK NY CERT
DEPOS
DTD 10/31/2022 5.470% 10/25/2024
359,895.60 360,000.00 2,023.90 360,000.00 10/31/2210/27/22A1A 360,000.00 89115B6F2 5.44
COOPERAT RABOBANK UA/NY CERT DEPOS
DTD 07/20/2023 5.080% 07/17/2026
352,870.20 360,000.00 6,654.80 360,000.00 07/20/2307/17/23Aa2A+ 360,000.00 21684LGS5 5.08 Account 20240100 Page 12
39 For the Month Ending November 30, 2023Managed Account Detail of Securities Held CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
8,678.70 712,765.80 720,000.00 5.26 720,000.00 720,000.00 Security Type Sub-Total Bank Note
WELLS FARGO BANK NA BANK NOTES
(CALLABLE
DTD 08/09/2023 5.450% 08/07/2026
557,082.36 554,310.69 9,410.33 554,239.65 08/22/2308/18/23Aa2A+ 555,000.00 94988J6D4 5.50 9,410.33 557,082.36 554,310.69 5.50 554,239.65 555,000.00 Security Type Sub-Total Asset-Backed Security
HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
20,912.27 21,185.81 1.59 21,185.55 02/24/2102/17/21AaaNR 21,185.94 43813GAC5 0.27 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
26,390.88 26,823.92 4.53 26,822.26 04/28/2104/20/21NRAAA 26,825.07 44933LAC7 0.38 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
17,898.39 18,264.95 2.76 18,262.84 01/27/2101/20/21NRAAA 18,266.46 14316NAC3 0.34 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
83,766.36 86,254.08 16.48 86,250.60 09/27/2109/21/21AaaAAA 86,257.48 89239BAC5 0.43 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
53,638.49 54,972.07 12.71 54,965.66 04/21/2104/13/21NRAAA 54,977.51 14314QAC8 0.52 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
46,910.19 48,314.88 15.89 48,309.99 11/17/2111/09/21NRAAA 48,320.77 44935FAD6 0.75 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
105,783.41 109,986.77 28.36 109,976.45 09/27/2109/20/21AaaAAA 110,000.00 254683CP8 0.58 HAROT 2023-3 A3
DTD 08/22/2023 5.410% 02/18/2028
240,648.24 239,953.56 468.87 239,950.51 08/22/2308/15/23NRAAA 240,000.00 43815QAC1 5.42 TAOT 2023-C A3
DTD 08/15/2023 5.160% 04/17/2028
74,949.51 74,984.11 172.00 74,983.04 08/15/2308/08/23NRAAA 75,000.00 89231FAD2 5.17 TAOT 2023-D A3
DTD 11/14/2023 5.540% 08/15/2028
75,752.66 74,991.99 196.21 74,991.92 11/14/2311/07/23NRAAA 75,000.00 89239FAD4 5.54 FITAT 2023-1 A3
DTD 08/23/2023 5.530% 08/15/2028
265,678.67 264,984.47 651.31 264,983.57 08/23/2308/15/23AaaAAA 265,000.00 31680EAD3 5.53 Account 20240100 Page 13
40 For the Month Ending November 30, 2023Managed Account Detail of Securities Held CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Asset-Backed Security
CHAIT 2023-A1 A
DTD 09/15/2023 5.160% 09/15/2028
300,572.88 299,919.93 688.00 299,916.84 09/15/2309/07/23NRAAA 300,000.00 161571HT4 5.17 AMXCA 2023-3 A
DTD 09/19/2023 5.230% 09/15/2028
310,159.87 309,986.63 720.58 309,986.14 09/19/2309/12/23NRAAA 310,000.00 02582JKD1 5.23 HART 2023-C A3
DTD 11/13/2023 5.540% 10/16/2028
105,672.54 104,986.31 290.85 104,986.19 11/13/2311/03/23NRAAA 105,000.00 44918CAD4 5.54 3,270.14 1,728,734.36 1,735,609.48 4.35 1,735,571.56 1,735,833.23 Security Type Sub-Total 39,936,794.39 39,047,638.65 2.74 145,103.45 39,260,679.11 37,749,296.02 Managed Account Sub-Total $39,936,794.39 $39,047,638.65 $145,103.45 $39,260,679.11 $37,749,296.02 2.74% $37,894,399.47
$145,103.45
Total Investments
Accrued Interest
Securities Sub-Total
Bolded items are forward settling trades.
Account 20240100 Page 14
41 For the Month Ending November 30, 2023Managed Account Fair Market Value & Analytics CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Value On Cost Amort CostCUSIP Broker Date PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration
U.S. Treasury Bond / Note
(74,690.11)(68,003.91) 970,265.63 92.41 WELLS_F 1,050,000.00 91282CAJ0US TREASURY NOTES DTD 08/31/2020 0.250% 08/31/2025
4.83 1.75
(38,261.76)(33,285.94) 497,643.75 92.16 HSBC 540,000.00 91282CAM3US TREASURY NOTES DTD 09/30/2020 0.250% 09/30/2025
4.77 1.83
(15,510.60)(9,184.57) 252,570.31 91.84 RBC 275,000.00 91282CAT8US TREASURY NOTES DTD 10/31/2020 0.250% 10/31/2025
4.75 1.91
(44,027.36)(37,140.23) 564,839.07 91.84 TD 615,000.00 91282CAT8US TREASURY NOTES DTD 10/31/2020 0.250% 10/31/2025
4.75 1.91
(4,391.47)(5,896.89) 338,565.61 99.58 HSBC 340,000.00 91282CFW6US TREASURY NOTES DTD 11/15/2022 4.500% 11/15/2025
4.73 1.89
(57,601.51)(46,849.61) 762,043.75 91.81 NOMURA 830,000.00 91282CAZ4US TREASURY NOTES DTD 11/30/2020 0.375% 11/30/2025
4.71 1.99
(15,329.03)(13,539.05) 183,218.76 91.61 HSBC 200,000.00 91282CBC4US TREASURY NOTES DTD 12/31/2020 0.375% 12/31/2025
4.65 2.07
(80,817.11)(66,214.79) 1,007,703.18 91.61 JPM_CHA 1,100,000.00 91282CBC4US TREASURY NOTES DTD 12/31/2020 0.375% 12/31/2025
4.65 2.07
(7,638.49) 756.25 200,818.75 91.28 JPM_CHA 220,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026
4.65 2.16
(39,039.06)(33,242.19) 456,406.25 91.28 MERRILL 500,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026
4.65 2.16
(37,634.37)(20,911.14) 607,020.31 91.28 NOMURA 665,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026
4.65 2.16
(47,534.21)(34,256.25) 657,225.00 91.28 CITIGRP 720,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026
4.65 2.16
(60,111.98)(52,335.93) 702,865.63 91.28 BNP_PAR 770,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026
4.65 2.16
(69,507.82)(68,058.99) 739,378.12 91.28 BARCLAY 810,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026
4.65 2.16
(51,265.29)(42,355.05) 643,643.00 91.30 WELLS_F 705,000.00 91282CBQ3US TREASURY NOTES DTD 02/28/2021 0.500% 02/28/2026
4.62 2.24
(9,203.78)(9,089.06) 95,681.25 91.13 RBC 105,000.00 91282CCF6US TREASURY NOTES DTD 05/31/2021 0.750% 05/31/2026
4.55 2.48
(37,783.21)(5,443.75) 947,700.00 91.13 CITIGRP 1,040,000.00 91282CCF6US TREASURY NOTES DTD 05/31/2021 0.750% 05/31/2026
4.55 2.48
Account 20240100 Page 15
42 For the Month Ending November 30, 2023Managed Account Fair Market Value & Analytics CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Value On Cost Amort CostCUSIP Broker Date PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration
U.S. Treasury Bond / Note
(24,859.91)(8,364.65) 511,854.69 90.59 RBC 565,000.00 91282CCZ2US TREASURY NOTES DTD 09/30/2021 0.875% 09/30/2026
4.44 2.80
(35,252.14)(29,355.47) 701,250.00 93.50 JPM_CHA 750,000.00 912828V98US TREASURY NOTES DTD 02/15/2017 2.250% 02/15/2027
4.44 3.09
(10,242.36)(3,712.50) 192,912.50 87.69 NOMURA 220,000.00 912828ZN3US TREASURY NOTES DTD 04/30/2020 0.500% 04/30/2027
4.42 3.39
(35,734.91)(22,107.47) 973,382.76 92.70 HSBC 1,050,000.00 9128282R0US TREASURY NOTES DTD 08/15/2017 2.250% 08/15/2027
4.40 3.55
(663.74)(441.99) 153,546.88 99.06 MERRILL 155,000.00 91282CFM8US TREASURY NOTES DTD 09/30/2022 4.125% 09/30/2027
4.39 3.56
(7,729.46)(8,787.52) 376,496.86 99.08 NOMURA 380,000.00 91282CFU0US TREASURY NOTES DTD 10/31/2022 4.125% 10/31/2027
4.38 3.64
(17,973.17) 10,060.55 870,178.13 86.16 WELLS_F 1,010,000.00 91282CAU5US TREASURY NOTES DTD 10/31/2020 0.500% 10/31/2027
4.38 3.88
(12,632.53)(12,892.55) 564,488.31 98.17 CITIGRP 575,000.00 91282CFZ9US TREASURY NOTES DTD 11/30/2022 3.875% 11/30/2027
4.38 3.74
(13,555.59)(14,381.22) 510,493.78 98.17 WELLS_F 520,000.00 91282CGC9US TREASURY NOTES DTD 12/31/2022 3.875% 12/31/2027
4.37 3.75
(6,704.07)(3,594.72) 194,273.44 86.34 GOLDMAN 225,000.00 91282CBJ9US TREASURY NOTES DTD 01/31/2021 0.750% 01/31/2028
4.37 4.09
(10,282.46)(1,834.76) 332,423.44 86.34 NOMURA 385,000.00 91282CBJ9US TREASURY NOTES DTD 01/31/2021 0.750% 01/31/2028
4.37 4.09
(2,448.68)(1,514.06) 562,162.50 98.63 TD 570,000.00 91282CGP0US TREASURY NOTES DTD 02/28/2023 4.000% 02/29/2028
4.36 3.91
(37,148.16)(24,324.60) 974,371.88 87.78 BNP_PAR 1,110,000.00 91282CBS9US TREASURY NOTES DTD 03/31/2021 1.250% 03/31/2028
4.38 4.21
(18,369.41)(18,043.00) 599,171.84 96.64 MERRILL 620,000.00 91282CHA2US TREASURY NOTES DTD 04/30/2023 3.500% 04/30/2028
4.34 4.11
(684,345.06) 4.55 (923,943.75) 17,144,595.38 18,620,000.00 Security Type Sub-Total 2.80 U.S. Treasury Bill
(0.32) 30.40 209,815.37 99.91 GOLDMAN 210,000.00 912797FT9US TREASURY BILL DTD 06/08/2023 0.000% 12/07/2023
4.53 0.02
Account 20240100 Page 16
43 For the Month Ending November 30, 2023Managed Account Fair Market Value & Analytics CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Value On Cost Amort CostCUSIP Broker Date PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration
30.40 4.53 (0.32) 209,815.37 210,000.00 Security Type Sub-Total 0.02 Supra-National Agency Bond / Note
(21,192.85)(20,888.05) 543,693.85 96.23 JPM_CHA 565,000.00 4581X0DZ8INTER-AMERICAN DEVEL BK NOTES DTD 09/23/2021 0.500% 09/23/2024
5.29 0.81
(20,888.05) 5.29 (21,192.85) 543,693.85 565,000.00 Security Type Sub-Total 0.81 Municipal Bond / Note
(3,087.31)(3,064.00) 96,908.00 96.91 JPM_CHA 100,000.00 574193TQ1MD ST TXBL GO BONDS DTD 08/05/2020 0.510% 08/01/2024
5.27 0.67
(8,804.00)(8,804.00) 191,196.00 95.60 WELLS_F 200,000.00 605581MZ7MS ST TXBL GO BONDS DTD 08/06/2020 0.565% 11/01/2024
5.54 0.92
(11,536.20)(11,536.20) 243,463.80 95.48 MORGAN_ 255,000.00 68607DVA0OR ST DEPT TRANS TXBL REV BONDS DTD 09/17/2020 0.566% 11/15/2024
5.48 0.96
(7,504.49)(7,826.25) 117,626.25 94.10 04/15/25JPM_CHA 125,000.00 91412HGE7UNIV OF CAL TXBL REV BONDS DTD 07/16/2020 0.883% 05/15/2025
5.13 1.37
(4,831.72)(5,210.40) 75,355.20 94.19 MERRILL 80,000.00 341271AD6FL ST BOARD OF ADMIN TXBL REV BONDS DTD 09/16/2020 1.258% 07/01/2025
5.11 1.57
(11,902.30)(11,902.30) 193,097.70 94.19 MERRILL 205,000.00 341271AD6FL ST BOARD OF ADMIN TXBL REV BONDS DTD 09/16/2020 1.258% 07/01/2025
5.11 1.57
(10,089.10)(10,089.10) 134,910.90 93.04 MERRILL 145,000.00 54438CYK2LOS ANGELES CCD, CA TXBL GO BONDS DTD 11/10/2020 0.773% 08/01/2025
5.18 1.66
(58,432.25) 5.30 (57,755.12) 1,052,557.85 1,110,000.00 Security Type Sub-Total 1.21 Federal Agency Commercial Mortgage-Backed Security
(640.29)(3,398.61) 59,873.82 99.23 JPM_CHAS 60,340.28 3136AJB54FANNIEMAE-ACES DTD 04/01/2014 3.346% 03/01/2024
6.44 0.25
(4,360.80)(3,121.35) 253,721.62 95.74 CITIGRP 265,000.00 3137BTUM1FHMS K061 A2 DTD 01/30/2017 3.347% 11/01/2026
4.91 2.61
1,039.76 2,838.86 370,718.55 95.06 MORGAN_ 390,000.00 3137BXQY1FHMS K064 A2 DTD 05/15/2017 3.224% 03/01/2027
4.87 2.91
357.30 1,355.88 208,783.22 94.90 MORGAN_ 220,000.00 3137F1G44FHLMC MULTIFAMILY STRUCTURED P DTD 07/01/2017 3.243% 04/01/2027
4.90 3.05
Account 20240100 Page 17
44 For the Month Ending November 30, 2023Managed Account Fair Market Value & Analytics CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Value On Cost Amort CostCUSIP Broker Date PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration
Federal Agency Commercial Mortgage-Backed Security
1,376.16 3,014.65 325,643.56 94.39 CANT_FI 345,000.00 3137F2LJ3FHLMC MULTIFAMILY STRUCTURED P DTD 08/01/2017 3.117% 06/01/2027
4.86 3.16
1,560.55 1,755.07 354,193.56 98.92 MERRILL 358,057.49 3137HAMR4FHMS K507 A1 DTD 09/01/2023 4.800% 04/01/2028
5.08 3.39
(686.45)(569.38) 186,288.22 98.20 WELLS_F 189,694.48 3137HAMG8FHMS K506 A1 DTD 09/01/2023 4.650% 05/01/2028
5.10 3.64
(3,001.87)(3,001.33) 296,370.13 99.00 JPM_CHA 299,378.96 3137HAD45FHMS KJ46 A1 DTD 07/01/2023 4.777% 06/01/2028
5.03 3.15
(6,075.58)(6,346.57) 357,249.11 99.24 JPM_CHA 360,000.00 3137HACX2FHMS K505 A2 DTD 07/01/2023 4.819% 06/01/2028
5.01 3.91
(6,001.55)(5,566.40) 363,076.18 96.82 JPM_CHA 375,000.00 3136BQDE6FNA 2023-M6 A2 DTD 07/01/2023 4.190% 07/01/2028
4.97 4.07
1,726.31 1,726.35 211,215.25 100.82 JPM_CHA 209,489.95 3137HAMN3FHMS KJ47 A1 DTD 09/01/2023 5.272% 08/01/2028
5.07 3.37
(784.05)(568.15) 368,884.48 98.37 WELLS_F 375,000.00 3137HAMH6FHMS K506 A2 DTD 09/01/2023 4.650% 08/01/2028
5.04 4.05
4,079.66 4,261.48 375,925.80 98.93 BMO 380,000.00 3137HAQ74FHMS K508 A2 DTD 10/01/2023 4.740% 08/01/2028
5.00 4.07
8,069.94 8,211.04 284,124.39 99.69 MORGAN_ 285,000.00 3137HAST4FHMS K509 A2 DTD 10/01/2023 4.850% 09/01/2028
4.92 4.14
2,422.28 2,561.26 368,138.65 99.50 MERRILL 370,000.00 3137HAMS2FHMS K507 A2 DTD 09/01/2023 4.800% 09/01/2028
4.92 4.10
1,709.28 1,711.39 146,292.20 100.89 JPM_CHA 145,000.00 3137HB3D4FHMS K510 A2 DTD 11/01/2023 5.069% 10/01/2028
4.86 4.16
0.00 0.00 209,396.67 99.71 MERRILL 210,000.00 3137HB3G7FHMS K511 A2 DTD 12/07/2023 4.860%
10/25/2028
4.93 0.00
4,864.19 4.99 790.65 4,739,895.41 4,836,961.16 Security Type Sub-Total 3.41 Federal Agency Bond / Note
(645.63)(272.03) 109,338.57 99.40 BARCLAYS 110,000.00 3130AFW94FHLB BONDS DTD 02/15/2019 2.500% 02/13/2024
5.46 0.21
Account 20240100 Page 18
45 For the Month Ending November 30, 2023Managed Account Fair Market Value & Analytics CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Value On Cost Amort CostCUSIP Broker Date PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration
Federal Agency Bond / Note
(21,567.13)(20,217.00) 352,923.00 94.11 CITIGRP 375,000.00 3130AJHU6FEDERAL HOME LOAN BANK NOTES DTD 04/16/2020 0.500% 04/14/2025
4.99 1.37
(14,034.57)(14,894.77) 221,308.43 94.17 HSBC 235,000.00 3135G03U5FANNIE MAE NOTES DTD 04/24/2020 0.625% 04/22/2025
5.00 1.39
(9,372.65)(9,813.44) 130,843.16 93.46 NOMURA 140,000.00 3135G04Z3FANNIE MAE NOTES DTD 06/19/2020 0.500% 06/17/2025
4.94 1.54
(37,240.41)(36,418.20) 537,391.55 93.46 NOMURA 575,000.00 3135G04Z3FANNIE MAE NOTES DTD 06/19/2020 0.500% 06/17/2025
4.94 1.54
(24,034.96)(22,863.40) 325,393.60 92.97 WELLS_F 350,000.00 3137EAEU9FREDDIE MAC NOTES DTD 07/23/2020 0.375% 07/21/2025
4.88 1.64
(26,675.47)(25,544.80) 342,723.60 92.63 BARCLAY 370,000.00 3135G05X7FANNIE MAE NOTES DTD 08/27/2020 0.375% 08/25/2025
4.85 1.73
(54,555.12)(51,915.60) 703,972.80 92.63 NOMURA 760,000.00 3135G05X7FANNIE MAE NOTES DTD 08/27/2020 0.375% 08/25/2025
4.85 1.73
(40,375.14)(39,349.25) 494,040.40 92.34 CITIGRP 535,000.00 3137EAEX3FREDDIE MAC NOTES DTD 09/25/2020 0.375% 09/23/2025
4.83 1.81
(26,750.28)(25,994.71) 317,770.19 92.11 BARCLAY 345,000.00 3135G06G3FANNIE MAE NOTES DTD 11/12/2020 0.500% 11/07/2025
4.82 1.93
(33,480.86)(33,382.48) 391,456.02 92.11 NOMURA 425,000.00 3135G06G3FANNIE MAE NOTES DTD 11/12/2020 0.500% 11/07/2025
4.82 1.93
(280,665.68) 4.90 (288,732.22) 3,927,161.32 4,220,000.00 Security Type Sub-Total 1.64 Corporate Note
(4,809.13)(11,758.80) 595,501.20 99.25 02/15/24BNP_PARI 600,000.00 717081ES8PFIZER INC CORP NOTES DTD 03/11/2019 2.950% 03/15/2024
5.53 0.21
(4,842.61)(4,569.18) 215,109.62 97.78 JPM_CHA 220,000.00 023135BW5AMAZON.COM INC CORPORATE NOTES DTD 05/12/2021 0.450% 05/12/2024
5.51 0.45
(11,407.15)(28,427.83) 600,610.27 98.46 06/08/24CITIGRP 610,000.00 931142EL3WALMART INC CORPORATE NOTES DTD 04/23/2019 2.850% 07/08/2024
5.46 0.52
(5,104.38)(5,977.56) 115,194.84 96.00 CITIGRP 120,000.00 89236TGT6TOYOTA MOTOR CREDIT CORP CORP NOTES
DTD 02/13/2020 1.800% 02/13/2025
5.28 1.19
Account 20240100 Page 19
46 For the Month Ending November 30, 2023Managed Account Fair Market Value & Analytics CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Value On Cost Amort CostCUSIP Broker Date PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration
Corporate Note
(7,018.52)(8,219.14) 158,392.91 96.00 CITIGRP 165,000.00 89236TGT6TOYOTA MOTOR CREDIT CORP CORP NOTES
DTD 02/13/2020 1.800% 02/13/2025
5.28 1.19
(8,759.55)(8,473.74) 321,001.56 97.27 JPM_CHA 330,000.00 023135CE4AMAZON.COM INC CORPORATE NOTES DTD 04/13/2022 3.000% 04/13/2025
5.08 1.35
(2,169.61)(2,169.61) 92,830.39 97.72 05/01/24CITIGRP 95,000.00 172967MX6CITIGROUP INC (CALLABLE) CORPORATE NOTES
DTD 05/04/2021 0.981% 05/01/2025
2.63 0.42
(2,320.65)(2,548.80) 97,716.20 97.72 05/01/24GOLDMAN 100,000.00 172967MX6CITIGROUP INC (CALLABLE) CORPORATE NOTES
DTD 05/04/2021 0.981% 05/01/2025
2.63 0.42
(16,518.95)(36,968.36) 252,518.24 97.12 02/22/25JSEB 260,000.00 38148LAE6GOLDMAN SACHS GROUP INC CORPORATE NOTES
DTD 05/22/2015 3.750% 05/22/2025
5.81 1.21
(3,964.88)(3,964.88) 141,035.12 97.27 06/01/24JPM_CHA 145,000.00 46647PCH7JPMORGAN CHASE & CO (CALLABLE) CORP NOTE
DTD 06/01/2021 0.824% 06/01/2025
2.69 0.50
(9,738.74)(8,996.63) 123,668.73 92.29 10/13/25CITIGRP 134,000.00 110122DN5BRISTOL-MYERS SQUIBB CO CORPORATE NOTES
DTD 11/13/2020 0.750% 11/13/2025
4.94 1.86
(10,121.16)(10,121.16) 269,878.84 96.39 04/02/25MERRILL 280,000.00 06051GKM0BANK OF AMERICA CORP NOTES (CALLABLE)
DTD 03/22/2022 3.384% 04/02/2026
5.04 1.31
(8,093.70)(8,093.70) 331,906.30 97.62 04/26/25JPM_CHA 340,000.00 46647PCZ7JPMORGAN CHASE & CO (CALLABLE)
CORPORATE
DTD 04/26/2022 4.080% 04/26/2026
5.14 1.38
(28,397.63)(30,563.98) 439,592.87 94.54 05/08/26CITIGRP 465,000.00 594918BR4MICROSOFT CORP (CALLABLE) NOTES DTD 08/08/2016 2.400% 08/08/2026
4.58 2.36
(231.44)(347.05) 275,783.20 100.28 TD 275,000.00 69371RS56PACCAR FINANCIAL CORP CORPORATE NOTES
DTD 08/10/2023 5.050% 08/10/2026
4.93 2.52
5,094.02 5,187.30 302,661.30 100.89 CITIGRP 300,000.00 06428CAA2BANK OF AMERICA NA CORPORATE NOTES DTD 08/18/2023 5.526% 08/18/2026
5.17 2.52
Account 20240100 Page 20
47 For the Month Ending November 30, 2023Managed Account Fair Market Value & Analytics CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Value On Cost Amort CostCUSIP Broker Date PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration
Corporate Note
(3,991.62)(3,960.00) 45,955.00 91.91 12/15/26CITIGRP 50,000.00 87612EBM7TARGET CORP CORP NOTES (CALLABLE) DTD 01/24/2022 1.950% 01/15/2027
4.77 2.94
(18,921.13)(18,868.15) 215,988.50 91.91 12/15/26BARCLAY 235,000.00 87612EBM7TARGET CORP CORP NOTES (CALLABLE) DTD 01/24/2022 1.950% 01/15/2027
4.77 2.94
(35,145.89)(35,604.48) 345,619.12 90.95 12/26/26JPM_CHA 380,000.00 06406RBA4BANK OF NY MELLON CORP (CALLABLE) CORPOR
DTD 01/26/2022 2.050% 01/26/2027
5.19 2.97
(6,900.91) 254.00 369,494.00 92.37 12/01/26CSFB 400,000.00 00724PAC3ADOBE INC (CALLABLE) CORP NOTE DTD 02/03/2020 2.150% 02/01/2027
4.77 2.90
(11,584.78)(12,977.82) 262,168.38 97.10 06/27/27MERRILL 270,000.00 459200KT7IBM CORP NOTES (CALLABLE) DTD 07/27/2022 4.150% 07/27/2027
5.03 3.31
(8,443.72)(4,436.64) 363,563.46 93.22 06/14/27CITIGRP 390,000.00 437076BT8HOME DEPOT INC CORP NOTES (CALLABLE)
DTD 09/14/2017 2.800% 09/14/2027
4.78 3.37
(11,523.95)(11,636.80) 549,388.00 98.11 04/10/28JPM_CHA 560,000.00 037833ET3APPLE INC CORP NOTES CALLABLE DTD 05/10/2023 4.000% 05/10/2028
4.47 4.03
273.11 287.38 125,101.13 100.08 CITIGRP 125,000.00 24422EXB0JOHN DEERE CAPITAL CORP CORPORATE NOTES
DTD 07/14/2023 4.950% 07/14/2028
4.93 4.11
(1,762.65)(1,915.65) 150,121.35 100.08 SOCGEN 150,000.00 24422EXB0JOHN DEERE CAPITAL CORP CORPORATE NOTES
DTD 07/14/2023 4.950% 07/14/2028
4.93 4.11
7,193.79 7,193.79 372,193.79 101.97 08/29/28CITIGRP 365,000.00 17325FBB3CITIBANK NA CORP NOTES (CALLABLE) DTD 09/29/2023 5.803% 09/29/2028
5.33 4.18
(247,677.49) 4.97 (209,211.83) 7,132,994.32 7,364,000.00 Security Type Sub-Total 2.12 Certificate of Deposit
(104.40)(104.40) 359,895.60 99.97 TD 360,000.00 89115B6F2TORONTO DOMINION BANK NY CERT DEPOS
DTD 10/31/2022 5.470% 10/25/2024
5.37 0.92
(7,129.80)(7,129.80) 352,870.20 98.02 RABOBAN 360,000.00 21684LGS5COOPERAT RABOBANK UA/NY CERT DEPOS DTD 07/20/2023 5.080% 07/17/2026
5.90 2.45
(7,234.20) 5.63 (7,234.20) 712,765.80 720,000.00 Security Type Sub-Total 1.68 Account 20240100 Page 21
48 For the Month Ending November 30, 2023Managed Account Fair Market Value & Analytics CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Value On Cost Amort CostCUSIP Broker Date PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration
Bank Note
2,771.67 2,842.71 557,082.36 100.38 07/07/26JPM_CHA 555,000.00 94988J6D4WELLS FARGO BANK NA BANK NOTES (CALLABLE
DTD 08/09/2023 5.450% 08/07/2026
5.30 2.49
2,842.71 5.30 2,771.67 557,082.36 555,000.00 Security Type Sub-Total 2.49 Asset-Backed Security
(273.54)(273.28) 20,912.27 98.71 JPM_CHA 21,185.94 43813GAC5HAROT 2021-1 A3 DTD 02/24/2021 0.270% 04/21/2025
1.21 0.25
(433.04)(431.38) 26,390.88 98.38 BARCLAY 26,825.07 44933LAC7HART 2021-A A3 DTD 04/28/2021 0.380% 09/15/2025
1.29 0.29
(366.56)(364.45) 17,898.39 97.99 MITSU 18,266.46 14316NAC3CARMX 2021-1 A3 DTD 01/27/2021 0.340% 12/15/2025
1.34 0.35
(2,487.72)(2,484.24) 83,766.36 97.11 BARCLAY 86,257.48 89239BAC5TAOT 2021-C A3 DTD 09/27/2021 0.430% 01/15/2026
1.82 0.48
(1,333.58)(1,327.17) 53,638.49 97.56 MERRILL 54,977.51 14314QAC8CARMX 2021-2 A3 DTD 04/21/2021 0.520% 02/17/2026
1.64 0.40
(1,404.69)(1,399.80) 46,910.19 97.08 SMBC 48,320.77 44935FAD6HART 2021-C A3 DTD 11/17/2021 0.740% 05/15/2026
1.96 0.55
(4,203.36)(4,193.04) 105,783.41 96.17 CITIGRP 110,000.00 254683CP8DCENT 2021-A1 A1 DTD 09/27/2021 0.580% 09/15/2026
1.99 0.77
694.68 697.73 240,648.24 100.27 MERRILL 240,000.00 43815QAC1HAROT 2023-3 A3 DTD 08/22/2023 5.410% 02/18/2028
5.34 1.94
(34.60)(33.53) 74,949.51 99.93 BNP_PAR 75,000.00 89231FAD2TAOT 2023-C A3 DTD 08/15/2023 5.160% 04/17/2028
5.18 1.97
760.67 760.74 75,752.66 101.00 JPM_CHA 75,000.00 89239FAD4TAOT 2023-D A3 DTD 11/14/2023 5.540% 08/15/2028
5.30 2.26
694.20 695.10 265,678.67 100.26 JPM_CHA 265,000.00 31680EAD3FITAT 2023-1 A3 DTD 08/23/2023 5.530% 08/15/2028
5.47 1.99
652.95 656.04 300,572.88 100.19 JPM_CHA 300,000.00 161571HT4CHAIT 2023-A1 A DTD 09/15/2023 5.160% 09/15/2028
5.11 2.52
173.24 173.73 310,159.87 100.05 CITIGRP 310,000.00 02582JKD1AMXCA 2023-3 A DTD 09/19/2023 5.230% 09/15/2028
5.22 2.52
Account 20240100 Page 22
49 For the Month Ending November 30, 2023Managed Account Fair Market Value & Analytics CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Value On Cost Amort CostCUSIP Broker Date PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration
Asset-Backed Security
686.23 686.35 105,672.54 100.64 BNP_PAR 105,000.00 44918CAD4HART 2023-C A3 DTD 11/13/2023 5.540% 10/16/2028
5.39 2.26
(6,837.20) 4.56 (6,875.12) 1,728,734.36 1,735,833.23 Security Type Sub-Total 1.90 39,936,794.39 37,749,296.02 (1,298,342.63) (1,511,383.09) 4.78 Managed Account Sub-Total 2.47 Total Investments $37,894,399.47
$145,103.45
$37,749,296.02
Accrued Interest
Securities Sub-Total $39,936,794.39 ($1,298,342.63) ($1,511,383.09) 4.78% 2.47 Bolded items are forward settling trades.
Account 20240100 Page 23
50 For the Month Ending November 30, 2023Managed Account Security Transactions & Interest CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Transaction Type
Trade CUSIPSecurity DescriptionSettle Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
BUY
11/02/23 US TREASURY BILL
DTD 05/11/2023 0.000% 11/09/2023
912797FJ1 (364,626.65) 0.00 (364,626.65) 365,000.00 11/01/23 11/13/23 HART 2023-C A3
DTD 11/13/2023 5.540% 10/16/2028
44918CAD4 (104,986.19) 0.00 (104,986.19) 105,000.00 11/03/23 11/14/23 TAOT 2023-D A3
DTD 11/14/2023 5.540% 08/15/2028
89239FAD4 (74,991.92) 0.00 (74,991.92) 75,000.00 11/07/23 11/09/23 US TREASURY BILL
DTD 05/18/2023 0.000% 11/16/2023
912797FK8 (219,775.41) 0.00 (219,775.41) 220,000.00 11/08/23 11/16/23 US TREASURY BILL
DTD 07/25/2023 0.000% 11/21/2023
912797HL4 (229,832.07) 0.00 (229,832.07) 230,000.00 11/14/23 11/21/23 FHMS K510 A2
DTD 11/01/2023 5.069% 10/01/2028
3137HB3D4 (144,580.81) (408.34) (144,989.15) 145,000.00 11/14/23 12/07/23 FHMS K511 A2
DTD 12/07/2023 4.860%
10/25/2028
3137HB3G7 (209,396.67) (170.10) (209,566.77) 210,000.00 11/28/23 11/30/23 US TREASURY BILL
DTD 06/08/2023 0.000% 12/07/2023
912797FT9 (209,784.97) 0.00 (209,784.97) 210,000.00 11/29/23 (578.44) (1,558,553.13)(1,557,974.69) 1,560,000.00 Transaction Type Sub-Total
INTEREST
11/01/23 MONEY MARKET FUND MONEY0002 0.00 315.74 315.74 0.00 11/01/23 11/01/23 MS ST TXBL GO BONDS
DTD 08/06/2020 0.565% 11/01/2024
605581MZ7 0.00 565.00 565.00 200,000.00 11/01/23
11/01/23 CITIGROUP INC (CALLABLE)
CORPORATE NOTES
DTD 05/04/2021 0.981% 05/01/2025
172967MX6 0.00 956.48 956.48 195,000.00 11/01/23
11/25/23 FNA 2023-M6 A2
DTD 07/01/2023 4.190% 07/01/2028
3136BQDE6 0.00 1,309.38 1,309.38 375,000.00 11/01/23 11/25/23 FHMS K507 A2
DTD 09/01/2023 4.800% 09/01/2028
3137HAMS2 0.00 1,480.00 1,480.00 370,000.00 11/01/23 11/25/23 FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
3136AJB54 0.00 168.66 168.66 60,485.97 11/01/23
11/25/23 FHMS K507 A1
DTD 09/01/2023 4.800% 04/01/2028
3137HAMR4 0.00 1,435.83 1,435.83 358,957.39 11/01/23 Account 20240100 Page 24
51 For the Month Ending November 30, 2023Managed Account Security Transactions & Interest CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Transaction Type
Trade CUSIPSecurity DescriptionSettle Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
INTEREST
11/25/23 FHMS KJ46 A1
DTD 07/01/2023 4.777% 06/01/2028
3137HAD45 0.00 1,192.38 1,192.38 299,531.17 11/01/23 11/25/23 FHMS K061 A2
DTD 01/30/2017 3.347% 11/01/2026
3137BTUM1 0.00 739.13 739.13 265,000.00 11/01/23
11/25/23 FHLMC MULTIFAMILY STRUCTURED P
DTD 07/01/2017 3.243% 04/01/2027
3137F1G44 0.00 594.55 594.55 220,000.00 11/01/23
11/25/23 FHMS K506 A2
DTD 09/01/2023 4.650% 08/01/2028
3137HAMH6 0.00 1,453.13 1,453.13 375,000.00 11/01/23 11/25/23 FHMS K505 A2
DTD 07/01/2023 4.819% 06/01/2028
3137HACX2 0.00 1,445.70 1,445.70 360,000.00 11/01/23 11/25/23 FHMS KJ47 A1
DTD 09/01/2023 5.272% 08/01/2028
3137HAMN3 0.00 921.35 921.35 209,714.90 11/01/23
11/25/23 FHMS K509 A2
DTD 10/01/2023 4.850% 09/01/2028
3137HAST4 0.00 1,151.88 1,151.88 285,000.00 11/01/23 11/25/23 FHMS K064 A2
DTD 05/15/2017 3.224% 03/01/2027
3137BXQY1 0.00 1,047.80 1,047.80 390,000.00 11/01/23 11/25/23 FHLMC MULTIFAMILY STRUCTURED P
DTD 08/01/2017 3.117% 06/01/2027
3137F2LJ3 0.00 896.14 896.14 345,000.00 11/01/23
11/25/23 FHMS K508 A2
DTD 10/01/2023 4.740% 08/01/2028
3137HAQ74 0.00 1,501.00 1,501.00 380,000.00 11/01/23 11/25/23 FHMS K506 A1
DTD 09/01/2023 4.650% 05/01/2028
3137HAMG8 0.00 735.62 735.62 189,836.49 11/01/23
11/07/23 FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
3135G06G3 0.00 1,925.00 1,925.00 770,000.00 11/07/23 11/10/23 APPLE INC CORP NOTES CALLABLE
DTD 05/10/2023 4.000% 05/10/2028
037833ET3 0.00 11,200.00 11,200.00 560,000.00 11/10/23 11/12/23 AMAZON.COM INC CORPORATE NOTES
DTD 05/12/2021 0.450% 05/12/2024
023135BW5 0.00 495.00 495.00 220,000.00 11/12/23
11/13/23 BRISTOL-MYERS SQUIBB CO
CORPORATE NOTES
DTD 11/13/2020 0.750% 11/13/2025
110122DN5 0.00 502.50 502.50 134,000.00 11/13/23
11/15/23 FITAT 2023-1 A3
DTD 08/23/2023 5.530% 08/15/2028
31680EAD3 0.00 1,221.21 1,221.21 265,000.00 11/15/23 Account 20240100 Page 25
52 For the Month Ending November 30, 2023Managed Account Security Transactions & Interest CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Transaction Type
Trade CUSIPSecurity DescriptionSettle Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
INTEREST
11/15/23 US TREASURY NOTES
DTD 11/15/2022 4.500% 11/15/2025
91282CFW6 0.00 7,650.00 7,650.00 340,000.00 11/15/23 11/15/23 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
14316NAC3 0.00 5.76 5.76 20,343.59 11/15/23
11/15/23 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
14314QAC8 0.00 26.07 26.07 60,166.59 11/15/23
11/15/23 TAOT 2023-C A3
DTD 08/15/2023 5.160% 04/17/2028
89231FAD2 0.00 322.50 322.50 75,000.00 11/15/23
11/15/23 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
89239BAC5 0.00 33.40 33.40 93,212.27 11/15/23
11/15/23 OR ST DEPT TRANS TXBL REV BONDS
DTD 09/17/2020 0.566% 11/15/2024
68607DVA0 0.00 721.65 721.65 255,000.00 11/15/23
11/15/23 AMXCA 2023-3 A
DTD 09/19/2023 5.230% 09/15/2028
02582JKD1 0.00 1,351.08 1,351.08 310,000.00 11/15/23 11/15/23 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
44935FAD6 0.00 32.03 32.03 51,937.17 11/15/23
11/15/23 UNIV OF CAL TXBL REV BONDS
DTD 07/16/2020 0.883% 05/15/2025
91412HGE7 0.00 551.88 551.88 125,000.00 11/15/23
11/15/23 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
254683CP8 0.00 53.17 53.17 110,000.00 11/15/23
11/15/23 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
44933LAC7 0.00 9.72 9.72 30,690.09 11/15/23
11/15/23 CHAIT 2023-A1 A
DTD 09/15/2023 5.160% 09/15/2028
161571HT4 0.00 1,290.00 1,290.00 300,000.00 11/15/23 11/18/23 HAROT 2023-3 A3
DTD 08/22/2023 5.410% 02/18/2028
43815QAC1 0.00 1,082.00 1,082.00 240,000.00 11/18/23 11/21/23 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
43813GAC5 0.00 5.66 5.66 25,149.79 11/21/23
11/22/23 GOLDMAN SACHS GROUP INC
CORPORATE NOTES
DTD 05/22/2015 3.750% 05/22/2025
38148LAE6 0.00 4,875.00 4,875.00 260,000.00 11/22/23 11/30/23 US TREASURY NOTES
DTD 11/30/2020 0.375% 11/30/2025
91282CAZ4 0.00 1,556.25 1,556.25 830,000.00 11/30/23 Account 20240100 Page 26
53 For the Month Ending November 30, 2023Managed Account Security Transactions & Interest CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Transaction Type
Trade CUSIPSecurity DescriptionSettle Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
INTEREST
11/30/23 US TREASURY NOTES
DTD 11/30/2022 3.875% 11/30/2027
91282CFZ9 0.00 11,140.63 11,140.63 575,000.00 11/30/23 11/30/23 US TREASURY NOTES
DTD 05/31/2021 0.750% 05/31/2026
91282CCF6 0.00 4,293.75 4,293.75 1,145,000.00 11/30/23 68,254.03 68,254.03 0.00 11,674,025.42 Transaction Type Sub-Total
MATURITY
11/02/23 US TREASURY BILL
DTD 11/03/2022 0.000% 11/02/2023
912796YT0 365,000.00 0.00 365,000.00 1,657.49 0.00 365,000.00 11/02/23 11/09/23 US TREASURY BILL
DTD 05/11/2023 0.000% 11/09/2023
912797FJ1 365,000.00 0.00 365,000.00 373.35 0.00 365,000.00 11/09/23 11/16/23 US TREASURY BILL
DTD 05/18/2023 0.000% 11/16/2023
912797FK8 220,000.00 0.00 220,000.00 224.59 0.00 220,000.00 11/16/23 11/21/23 US TREASURY BILL
DTD 07/25/2023 0.000% 11/21/2023
912797HL4 230,000.00 0.00 230,000.00 167.93 0.00 230,000.00 11/21/23
0.00 0.00 2,423.36 1,180,000.00 1,180,000.00 1,180,000.00 Transaction Type Sub-Total
PAYDOWNS
11/25/23 FHMS K507 A1
DTD 09/01/2023 4.800% 04/01/2028
3137HAMR4 899.90 0.00 899.90 14.12 0.00 899.90 11/01/23 11/25/23 FHMS KJ46 A1
DTD 07/01/2023 4.777% 06/01/2028
3137HAD45 152.21 0.00 152.21 0.00 0.00 152.21 11/01/23 11/25/23 FHMS KJ47 A1
DTD 09/01/2023 5.272% 08/01/2028
3137HAMN3 224.95 0.00 224.95 0.00 0.00 224.95 11/01/23 11/25/23 FHMS K506 A1
DTD 09/01/2023 4.650% 05/01/2028
3137HAMG8 142.01 0.00 142.01 2.12 0.00 142.01 11/01/23 11/25/23 FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
3136AJB54 145.69 0.00 145.69 (7.08) 0.00 145.69 11/01/23 11/15/23 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
44935FAD6 3,616.40 0.00 3,616.40 0.81 0.00 3,616.40 11/15/23 11/15/23 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
14316NAC3 2,077.13 0.00 2,077.13 0.41 0.00 2,077.13 11/15/23 Account 20240100 Page 27
54 For the Month Ending November 30, 2023Managed Account Security Transactions & Interest CITY OF EASTVALE - INVESTMENT PORTFOLIO - 20240100
Transaction Type
Trade CUSIPSecurity DescriptionSettle Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
PAYDOWNS
11/15/23 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
14314QAC8 5,189.08 0.00 5,189.08 1.12 0.00 5,189.08 11/15/23 11/15/23 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
44933LAC7 3,865.02 0.00 3,865.02 0.41 0.00 3,865.02 11/15/23 11/15/23 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
89239BAC5 6,954.79 0.00 6,954.79 0.55 0.00 6,954.79 11/15/23 11/21/23 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
43813GAC5 3,963.85 0.00 3,963.85 0.07 0.00 3,963.85 11/21/23
0.00 0.00 12.53 27,231.03 27,231.03 27,231.03 Transaction Type Sub-Total SELL
11/30/23 US TREASURY NOTES
DTD 08/31/2020 0.250% 08/31/2025
91282CAJ0 78,611.72 53.13 78,664.85 (5,438.67) (5,979.30) FIFO 85,000.00 11/29/23
53.13 (5,979.30)(5,438.67) 78,664.85 78,611.72 85,000.00 Transaction Type Sub-Total (272,131.94) 67,728.72 (204,403.22) (3,002.78) (5,979.30)Managed Account Sub-Total Total Security Transactions ($3,002.78)($204,403.22)$67,728.72 ($272,131.94) ($5,979.30) Bolded items are forward settling trades.
Account 20240100 Page 28
55 AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.3
January 10, 2024
Second Reading of an Ordinance Amendment to Allow Commercial Self-Hauling
Prepared By:
Simone Blackwell, Environmental Compliance Analyst
Recommended Action(s)
Staff recommends that the City Council approve the second reading and adopt the Ordinance amending the City's commercial waste self-hauling regulations.
Summary
The City of Eastvale is a general law city formed under the laws of the State of California. With respect to adop$on of ordinances and resolu$ons, the City adheres to the requirements set forth in the Government Code. With the excep$on of urgency ordinances, Government Code Sec$on 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the $me of introduc$on or passage unless a mo$on waiving the reading is adopted by a majority of the City Council present. This Ordinance amendment was first introduced at the duly noticed City Council regular meeting on December 13, 2023.
Background
The City’s current self-haul municipal code, Chapter 16.05 (Ar$cle IV), allows residen$al proper$es to haul trash, recyclables, and organic waste to an approved facility pending approval of a self-haul permit applica$on and payment of applicable fees. Commercial proper$es are not permi9ed to self- haul any waste streams and must establish hauling services with the City’s approved franchise hauler.
On December 13, 2023, the City Council approved an ordinance amendment to allow businesses to self-haul organic waste and non-organic recyclables produced by their own opera$ons. Businesses 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
56 that choose to engage in self-haul prac$ces will be required to apply for a self-haul permit and adhere to all applicable self-hauling requirements.
Environmental
Not applicable.
Strategic Plan Action - Priority Level: N/A
| Target #: B
| Goal #: D
Approving the proposed self-hauling amendment would support the City's strategic plan goal of developing strategies for business reten$on, business support, and business reward (Target B, Goal D).
Fiscal Impact
The amendment to this ordinance may result in increased self-haul permit revenue. Self-haul permit revenue is allocated to the general fund.
Prior City Council/Commission Action
On February 9, 2022, the City Council approved ordinance 22-02 which amended and restated Chapter 16.05 of the City of Eastvale municipal code.
On December 13, 2023, the City Council approved an ordinance amendment to Ar$cle I and Ar$cle IV of Eastvale Municipal Code Chapter 16.05 to Allow for Commercial Self-Hauling.
Attachment(s)
Attachment 1 - Self Haul Ordinance Amendment
Attachment 2 - Exhibit A.docx
Attachment 3 - Affidavit of Publication for the Introduction of the Ordinance for Self-Hauling.pdf
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
57 ORDINANCE NO. 23-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EASTVALE, CALIFORNIA, AMENDING ARTICLE I AND ARTICLE IV CHAPTER 16.05 (SOLID WASTE COLLECTION AND DISPOSAL) OF
THE EASTVALE MUNICIPAL CODE
WHEREAS, the City’s solid waste and disposal ordinance is codified in Chapter 16.05 of the Eastvale Municipal Code; and
WHEREAS, Article I sets forth the definitions of words, terms and phrases utilized in the chapter.
WHEREAS, Article IV establishes self-haul requirements and restrictions for residential and commercial premises.
WHEREAS, the City Council now desires to amend Article IV to permit commercial and multi- family self-hauling of organic waste and non-organic recyclables.
WHEREAS, the City Council now desires to amend Article I to add and revise certain definitions to reflect commercial self-hauling and back-hauling activities.
WHEREAS, Senate Bill 1383 requires jurisdictions that allow commercial self-hauling to adopt an enforce and ordinance or enforceable mechanism that requires compliance with the requirements in Section 18988.3 of Article 7.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT OF CHAPTER 16.05 – ARTICLE I. Section 16.05.020 is hereby amended to include and update the following definitions.
Back-haul means generating and transporting solid waste to a destination owned and operated by the generator using the generator’s own employees and equipment.
Self-hauler means a person or business, who, in compliance with all applicable requirements of the City Code, hauls solid waste, organic waste or recyclable material he or she has generated directly to the appropriate facility, as required by this chapter. Self-hauler also includes a person or business that back-hauls solid waste.
Self-haul permitee means a person or business that has received a self-haul permit.
SECTION 2. AMENDMENT OF CHAPTER 16.05 – ARTICLE IV is hereby amended to in its entirety to read as shown in Exhibit “A.”
SECTION 3. This ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there 58 is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment (14 Cal. Code Regs § 15061 (b)(3)).
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Eastvale’ book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 6. This Ordinance will take effect on the 30th day following its final passage and adoption.
PASSED, APPROVED AND ORDAINED this 10th day of January, 2024. ______________________________
____________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
___________________________________ ___________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
59 STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 23-27, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 13 th day of December, 2023, and was passed by the City Council of the City of Eastvale at a regular meeting held on the 13 th day of January, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
60 EXHIBIT “A”
Article IV – Self-Hauling
Sec. 16.05.300. - Applicability.
Self-haul permits are available to commercial and single-family waste generators.
Single-family premises are permitted to self-haul gray-container waste, non-organic recyclables, and organic waste. Commercial premises are only permitted to self- haul/back-haul non-organic recyclables and organic waste. Commercial premises are not permitted to self-haul gray-container waste.
Sec. 16.05.310. - Self-haul permit.
(a) Permit required. The person in charge of a single-family or commercial premises may apply for and obtain a permit to self-haul, and shall not self-haul without a valid self-haul permit issued pursuant to this section. Every person in charge of a single- family or commercial premises who desires to self-haul in lieu of making arrangements with the appropriate solid waste franchisee for solid waste handling services shall obtain a self-haul permit from the city's community safety director or his or her designee prior to commencing self-hauling.
(b) Term. A permit to self-haul shall be good for one calendar year, or such part of the calendar year that is remaining after the issuance of the permit. All self-haul permits shall expire on December 31, and may be renewed annually. Application for a renewal permit must be filed at least 60 days prior to the expiration date of the permit to allow adequate time for processing, inspection and verifications required to issue the permit.
(c) Issuance of permit. An applicant for a self-haul permit shall submit a completed application, on a form approved by the city's community safety director, to the community safety department. The community safety director or his or her designee shall determine whether the application is complete within five working days of the receipt of the application. If the director or his or her designee finds the application incomplete, the applicant shall be given a list of further information needed to complete the application.
After it is determined that an application for a self-haul permit is complete, the applicant shall produce the items listed in numbers one through seven below. The community safety director or his or her designee shall issue a self-haul permit within five working days of the production of all of the required items.
(1) The applicant produces for inspection the vehicle the applicant intends to use for self-hauling, and the vehicle meets the following standards:
61 a. The vehicle is capable of safely hauling a minimum of 32 gallons (4.3 cubic feet) of gray container waste, non-organic recyclables, and organic waste in a safe and sanitary manner so that such matter will not spill; b. If the vehicle is not fully enclosed, the applicant produces a tarp or other material that is demonstrated to completely secure the materials being self- hauled.
(2) The applicant produces evidence of ownership or lease for the vehicle produced for inspection;
(3) Single-family applicants must produce evidence that he or she has a valid California driver's license to operate the vehicle produced for inspection and that the vehicle is registered in the State of California; Commercial applicants must produce evidence that the designated driver(s) has a valid California driver's license to operate the vehicle produced for inspection and that the vehicle is registered in the State of California;
(4) The applicant provides the city with a certificate of automobile insurance for the vehicle;
(5) The vehicle is operational and meets all applicable Vehicle Code standards; (6) The applicant provides the city with proof that the applicant has containers for the storage of gray container waste, non-organic recyclables, and organic waste on the applicant's premises before the materials are hauled to a disposal facility; (7) Commercial applicants must have an active business license with the City; and (8) The applicant pays the fee for a self-haul permit authorized by resolution of the city council. The fee shall reflect the city's reasonable costs of issuing and monitoring compliance with the permit.
(d) Appeal of denial. An applicant whose application for a self-haul permit has been denied may appeal that decision. An appeal may be filed within five days of the date the applicant was notified of the denial. Appeals shall be heard by the city manager.
The decision of the city manager is final.
(e) Operational standards.
(1) Self-haul permittees must dispose of solid waste weekly at a licensed or permitted landfill or disposal facility and shall procure and retain weekly receipts from such landfill or other disposal facility. Receipts shall be submitted to the city monthly. Failure to show proof of solid waste disposal for each week that a person is permitted to self-haul shall constitute a public health and safety nuisance sufficient to permit city to revoke the permittees' self-haul permit. (2) Authorized self-haulers shall source separate all non-organic recyclable materials and organic waste generated on-site from other solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
62 (3) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self- haulers may haul organic waste to a high diversion organic waste processing facility.
(4) Self-haul permittees must notify the city of any change in the vehicle being used to haul solid waste by the permittee. Permittees must bring the new vehicle in for an inspection and demonstrate compliance with items one through five of paragraph (c) of this section before the new vehicle is used to haul any solid waste under the permit.
(5) Self-haul permittee must keep on file with the city copies of the current automobile insurance and registration for the vehicle used to self-haul and the permittee's current California driver's license. Permittee must provide proof to city of renewed automobile insurance, vehicle registration, and California driver's license within five days of expiration of respective document. (6) Failure to show proof of disposal for each week that a person is permitted to self-haul shall constitute a public health and safety nuisance sufficient to permit city to revoke the permittees' self-haul permit.
(7) Self-haul permittees are liable for any damages and clean-up costs resulting from any solid waste spills during the course of the permittees' self-hauling activity.
(f) Commercial businesses recordkeeping. Self-haulers that are commercial businesses shall keep a record of the amount of refuse, recyclable materials, and organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers these materials; this record shall be subject to inspection by the city and shall be provided to the city upon request. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste; (2) The amount of material in cubic yards or tons transported to each entity; (3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the number of loads, and the entities that received the organic waste.
(g) Revocation of permit . The self-haul permit shall be subject to revocation if the permittee violates any provision of this chapter. A notice of revocation shall be mailed 63 to the permittee informing them that their self-haul permit is being revoked, identifying the violations of this chapter that have occurred, and informing the permittee that he or she has the right to dispute the revocation by an appeal to the city manager. An appeal of a revocation must be filed within five calendar days of the mailing of notice of the revocation. A revocation appeal hearing will be scheduled within five days of the date the city receives the request for an appeal. The city manager will issue a decision on the appeal within five days of the hearing and provide the permittee written notice of the decision. The decision of the city manager on the appeal shall be final. A person whose self-haul permit has been revoked pursuant to this section may not obtain another self-haul permit for one year from the date of the revocation.
Sec. 16.05.320. - AB 939 fees.
Pursuant to Division 30, Part 2, Chapter 8 of the Public Resources Code, Section 41900 et seq., the city may impose fees on persons, multifamily properties, or businesses with a self-haul permit in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan, including the costs of preparing, adopting and implementing the city's required source reduction and recycling element, household hazardous waste element, and nondisposal facility element, and the costs of setting and collecting the fees. 64 Intro - Ordinance 23-27 - Page 1 of 1
3512 14 Street
Riverside, California 92501
(951) 368-9229
[email protected]
CITY OF EASTVALE
12363 LIMONITE AVE
MIRA LOMA, California 91752
Account Number: 5209843
Ad Order Number: 0011638666
Customer's Reference/PO Number:
Publication: The Press-Enterprise
Publication Dates: 12/21/2023
Total Amount: $174.51
Payment Amount: $0.00
Amount Due: $174.51
Notice ID: djjRrB6pIQahIolcpwcT
Invoice Text: PUBLIC NOTICE OF INTRODUCTION OF ORDINANCES CITY OF EASTVALE NOTICE IS HEREBY GIVEN that on December 13, 2023, the City Council of the City of Eastvale introduced ordinances entitled: ORDINANCE NO. 23-27 AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING ARTICLE I AND ARTICLE IV CHAPTER 16.05 (SOLID WASTE COLLECTION AND DISPOSAL) OF THE EASTVALE MUNICIPAL CODE A certified copy of the full text of Ordinance No. 2023-27 is available for review in the Office of the City Clerk, City of Eastvale, 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752, and on the City of Eastvale’s website at www.EastvaleCA.gov. Marc A. Donohue, MMC City Clerk/Communications Director PUBLISHED: Press Enterprise Thursday, December 21, 2023
65 Intro - Ordinance 23-27 - Page 1 of 1
The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
CITY OF EASTVALE
12363 LIMONITE AVE , STE 910
MIRA LOMA, California 91752
Publication: The Press-Enterprise
PROOF OF PUBLICATION OF
Ad Desc: 0011638666
FILE NO. 0011638666
PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above-
entitled matter. I am an authorized
representative of THE PRESS-
ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
12/21/2023
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.
Date: December 21, 2023.
At: Riverside, California
______________________________
Signature
66 AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.4
January 10, 2024
Second Reading of an Ordinance Amendment to the Eastvale Noise Ordinance - Private Events at Public facilities
Prepared By:
Johnny Terfehr, Community Safety Director
Recommended Action(s)
Staff recommends that the City Council approve the second reading and adopt the Ordinance amending the Eastvale Noise Ordinance - Private Events at Public Facilities.
Summary
The City of Eastvale is a general law city formed under the laws of the State of California. With respect to adop&on of ordinances and resolu&ons, the City adheres to the requirements set forth in the Government Code. With the excep&on of urgency ordinances, Government Code Sec&on 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the &me of introduc&on or passage unless a mo&on waiving the reading is adopted by a majority of the City Council present. This Ordinance amendment was first introduced at the duly noticed City Council regular meeting on December 13, 2023.
Background
The City’s current municipal code, Sec&on 8.52.020 (1), exempts events held at government facili&es from the City noise ordinance because these events are typically open to the public and conducted for the public good. In recent years, the City has experienced an increase in the use of government facili&es for private events such as par&es, weddings, birthdays, etc., which are not conducted for the public good. Due to the frequency of such events and their proximity to residen&al proper&es, the Sheriff's Department has received and responded to numerous complaints about such events but is not authorized to issue citations due to the current language in the municipal code. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
67 On December 13, 2023, The City Council approved a City noise ordinance amendment to require private func&ons held at publicly owned facili&es adhere to the same noise regula&ons imposed on other private events held in the City. Public events held at government facili&es would con&nue to be exempt from the City’s noise ordinance.
Environmental
The proposed Ordinance is not a project as defined by the California Environmental Quality Act (CEQA). As a result, no environmental review efforts are required.
Strategic Plan Action - Priority Level: N/A
| Target #: G
| Goal #: C
Identify and recommend tools necessary for optimal employee performance. (Target G, Goal C) Fiscal Impact
The adop&on of this ordinance may result in the issuance of fines. However, it is an&cipated few cita&ons will be issued and that voluntary compliance can be achieved, in most cases, through education of the event sponsor and collaboration with the facility owner.
Prior City Council/Commission Action
There is no prior Council or Commission action on this item.
Attachment(s)
Attachment 1 - Eastvale Noise Ordinance Update - Private Events at Public Facilities
Attachment 2 - Affidavit regarding Publication of the Introduction of the Noise Ordinance
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
68 ORDINANCE NO. 23-28
AN ORDINANCE OF THE CITY OF EASTVALE, AMENDING SECTION
8.52.020 OF THE EASTVALE MUNICIPAL CODE TO MAKE PRIVATE
EVENTS HELD ON GOVERNMENTAL PROPERTY SUBJECT TO THE
CITY’S NOISE REGULATIONS
WHEREAS, Chapter 8.52 of the Eastvale Municipal Code establishes noise regulations applicable throughout the City; and
WHEREAS, facilities owned or operated by or for a governmental agency are exempt from the City’s noise regulations; and
WHEREAS, there are governmental facilities within the City that can be rented out for private functions and it is in the public’s interest to ensure that such functions abide by the City’s noise regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Section 8.52.020 (Exemptions), paragraph (1) is amended to read as follows:
“(1) Facilities owned or operated by or for a governmental agency, except to the extent that the noise is emanating from a nongovernmental use of the facility, including but not limited to events noise generated by events held by third parties renting the facility.” SECTION 3. This ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment (14 Cal. Code Regs § 15061 (b)(3)).
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Eastvale’ book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
69 SECTION 6. This Ordinance will take effect on the 30th day following its final passage and adoption.
PASSED, APPROVED AND ORDAINED this 10th day of January, 2024. __________________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
70 STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 23-28, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 13 th day of December 2023, and was passed by the City Council of the City of Eastvale at a regular meeting held on the 10th day of January, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
71 Intro - Ordinance 23-28 - Page 1 of 1
3512 14 Street
Riverside, California 92501
(951) 368-9229
[email protected]
CITY OF EASTVALE
12363 LIMONITE AVE
MIRA LOMA, California 91752
Account Number: 5209843
Ad Order Number: 0011638667
Customer's Reference/PO Number:
Publication: The Press-Enterprise
Publication Dates: 12/21/2023
Total Amount: $186.97
Payment Amount: $0.00
Amount Due: $186.97
Notice ID: owvr2B6tms0jNh7DNSaw
Invoice Text: PUBLIC NOTICE OF INTRODUCTION OF ORDINANCES CITY OF EASTVALE NOTICE IS HEREBY GIVEN that on December 13, 2023, the City Council of the City of Eastvale introduced ordinances entitled: ORDINANCE NO. 23-28 AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 8.52.020 OF THE EASTVALE MUNICIPAL CODE TO MAKE PRIVATE EVENTS HELD ON GOVERNMENTAL PROPERTY SUBJECT TO THE CITY’S NOISE REGULATIONS A certified copy of the full text of Ordinance No. 2023-28 is available for review in the Office of the City Clerk, City of Eastvale, 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752, and on the City of Eastvale’s website at www.EastvaleCA.gov. Marc A. Donohue, MMC City Clerk/Communications Director PUBLISHED: Press Enterprise Thursday, December 21, 2023 72 Intro - Ordinance 23-28 - Page 1 of 1
The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
CITY OF EASTVALE
12363 LIMONITE AVE , STE 910
MIRA LOMA, California 91752
Publication: The Press-Enterprise
PROOF OF PUBLICATION OF
Ad Desc: 0011638667
FILE NO. 0011638667
PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above-
entitled matter. I am an authorized
representative of THE PRESS-
ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
12/21/2023
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.
Date: December 21, 2023.
At: Riverside, California
______________________________
Signature
73 AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.5
January 10, 2024
Adop(on of an Ordinance to Allow Medicinal Cannabis Retailers - Delivery Only in Compliance with Senate Bill (SB) 1186
Prepared By:
David Murray, City Planner
Recommended Action(s)
Staff recommends that the City Council adopt the proposed Ordinance entled:
AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF EASTVALE
, CALIFORNIA, AMENDING SECTIONS 120.03.030,
120.04.150 AND 120.06.010 OF THE EASTVALE MUNICIPAL CODE TO ALLOW DELIVERY-ONLY MEDICINAL CANNABIS RETAILERS TO LOCATE WITHIN THE CITY AS REQUIRED BY SB 1186
Summary
The proposed ordinance would amend the city's regulaons, pursuant to new state regulaon, to allow cannabis retailers that engage solely in the sale of medicinal cannabis and medicinal cannabis products on a delivery only basis within the I-P (Industrial Park) and M-SC (Manufacturing, Service Commercial) Zones with the granng of a condional use permit. This amendment would not permit storefront retailers or other commercial cannabis uses.
Background
Currently, the Zoning Code prohibits all commercial cannabis facilies, including medical cannabis dispensaries, from locating and operating within the city. The Zoning Code further prohibits cannabis deliveries, with the excepon of the delivery of medicinal cannabis by a primary caregiver to one of the primary caregiver's qualified patients or to an exempt facility.
Senate Bill 1186, signed by Governor Newsom on September 18, 2022, goes into effect on January 1, 2024 (ACachment 1). This bill amends the California Government Code and prohibits local jurisdicons from adopng or enforcing any regulaon that prohibits the retail sale by delivery 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
74 within the local jurisdicon of medicinal cannabis to medicinal cannabis paents or their primary caregivers by licensed medicinal cannabis businesses in a mely and readily accessible manner, and in types and quanes that are sufficient to meet demand from medicinal cannabis paents within the local jurisdicon. As such, jurisdicons shall not prohibit the establishment of non-storefront medicinal cannabis delivery only businesses.
As classified by the state, the non-storefront medicinal cannabis retailers, delivery-only funcon similar to a small distribuon center where merchandise is stored in a secured facility and delivered directly to the medically-qualified customers or their caregivers. There are no customers or direct sales at the brick-and-mortar location.
Because the state law restricts jurisdicons from prohibing non-storefront medicinal cannabis retailers, delivery-only, staff is recommending a proacve approach to ensure that possible locaons for brick-and-mortar non-storefront medicinal cannabis delivery businesses are located in areas with the least impact on the community. Failure of the city to idenfy appropriate zoning and standard condions of approval would lead to a potenal business locang in any commercial or industrial zone in compliance with the new state law.
Therefore, due to the distribuon nature of the business type and the concern for potenal community impacts related to crime, odor, and traffic, staff recommends liming non-storefront medicinal cannabis retailers with delivery only to the I-P (Industrial Park) and M-SC (Manufacturing, Service Commercial) Zones with the granng of a Condional Use Permit (CUP). This would require the addion of "Medicinal cannabis retailers - delivery only" to the Use Matrix for Commercial, Business Park, Industrial and Special Purpose Zones and would also warrant the need to remove the line item for "Medical marijuana dispensary," as it would be replaced with the terminology from the state law.
Addionally, staff recommends requiring that these businesses be located a minimum of 1,000 feet from any residenal use or zone. There are several locaons within the city where the I-P zone is in close proximity to established residenal areas. Including a separaon of 1,000 feet would provide adequate distance between the incompable uses to eliminate or reduce any potenal impacts such as odor or safety.
Although the California Department of Cannabis Control has specific operaonal requirements related to odor control and security as part of the licensing requirements for non-storefront medicinal cannabis delivery businesses, staff recommends including addional standard condions that address odor and security. Specifically, the recommended language includes requirements to install odor absorbing venlaon and exhaust systems to eliminate the interior odors from being detected outside the cannabis business, requirements for interior and exterior security cameras subject to approval by the city, and a requirement for the installation of an alarm system.
The recommended amendments described above are detailed in A7achment 1
as redline-strikeout
changes. These include changes to Secons 120.03.030, 120.05.150, and 120.06.010 of the Eastvale Municipal Code. These changes will ensure that the Medicinal cannabis retailers with delivery only would not be located in commercial areas and would further ensure that impacts on residenal areas are limited, while still meeting the intent of state law. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
75 Environmental
This Ordinance is exempt from the California Environmental Quality Act (CEQA) review under the general rule exempon. The ordinance ensures compliance with Senate Bill 1186 by idenfying zones and development standard for Medicinal cannabis retailers with delivery only. No development or intensificaon of land use will result from the Zoning Code Amendment. Any new Medicinal cannabis retailers with delivery only uses that result from this Zoning Code Amendment would be evaluated under CEQA at the time of application submittal.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.
Fiscal Impact
There is no fiscal impact to the City associated with adopon of this Zoning Code Amendment, as staff me to prepare this report and ordinance is included in the 2023/24 FY Community Development Department budget.
Prior City Council/Commission Action
On November 15, 2023, the Planning Commission adopted a resoluon recommending that the City Council adopt a Zoning Ordinance Amendment of Secons 120.03.030, 120.05.150, and 120.06.010 of the Eastvale Municipal Code in compliance with SB 1186.
On December 13, 2023, the City Council introduced an ordinance amendment to Secons 120.03.030, 120.05.150, and 120.06.010 of the Eastvale Municipal Code to allow Medicinal Cannabis Retailers - Delivery Only in compliance with Senate Bill (SB) 1186.
Attachment(s)
Attachment 1 - Redlined Changes.pdf
Attachment 2 - Ordinance
Attachment 3 - City Council Staff Report 12-13-2023.pdf
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
76 Atachment 2
Proposed Amendments – PLN23-20063 – Zoning Code Amendment Amending Sec�ons 120.03.030, 120.04.150 and 120.06.010 (Delivery Only Medicinal Cannabis Retailers)
Sec. 120.03.030. - Commercial and industrial permited uses and development standards. .
.
.
TABLE 3.3-1.
USE MATRIX FOR COMMERCIAL, BUSINESS PARK, INDUSTRIAL AND SPECIAL PURPOSE ZONES .
.
.
Land Use C-1/C-P C-P-S C-O I-P M-SC M-M M-H W-1 Special Provisions
Medical marijuana dispensary Not permitted in any zone per this Code of Ordinances Medicinal cannabis retailer,
delivery-only C C Section
120.04.150
.
.
.
Sec. 120.04.150. - Cannabis facili�es, cul�va�on, and deliveries. .
.
.
(b) Purpose. The purpose of this sec�on is to prohibit commercial cannabis facili�es within the city, except as expressly authorized herein, and to regulate cannabis delivery and cul�va�on within the city limits.
(c) Commercial cannabis facilities and cannabis deliveries.
1. Commercial cannabis facili�es are prohibited in all zones in the city, except that a delivery- only medicinal cannabis retailer (Type 9 retail license from the State’s Department of Cannabis Control with an M -designa�on) may be condi�onally permited in the I -P and M-SC zones, subject to the requirement paragraph (g) of this sec�on and provided that the delivery-only medicinal cannabis retailer is located a minimum of 1,000 feet from a residen�al use or zone as measured by the nearest property lines . No person or en�ty 77 may establish or operate a commercial cannabis facility within the city limits, except for a delivery-only medicinal cannabis retailer with all appropriate permits.
2. No property owner may allow its p r o p e r t y t o b e u s e d b y a n y p e r s o n o r e n � t y a s a commercial cannabis facility within the city limits, except for a delivery -only medicinal cannabis retailer with all appropriate permits.
3. The delivery of cannabis to any person within the city limits is prohibited, except for deliveries of medicinal cannabis by a primary caregiver to one of the primary caregiver's qualified pa�ents or to an exempt facility. These deliveries are only permited to occur from the hours of 7:00 a.m. to 8:00 p.m., and to a private residence or an exempt facility. .
.
.
(g) Conditions of approval . A condi�onal use permit for a delivery -only medicinal cannabis retailer shall include the following minimum condi�ons of approval.
1. The premises must be equipped with an odor absorbing ven�la�on and exhaust system so that odor generated inside the cannabis business that is dis�nc�ve to its opera�on is not detected outside the cannabis business, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visi�ng public, or within any other unit located within the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment or any other equipment which the City determines has the same or beter effec�veness:
a. An exhaust air filtra�on system with odor control that prevents internal odors from being emited externally; or
b. An air system that creates nega�ve air pressure between the cannabis businesses' interior and exterior so that the odors generated inside the cannabis business are not detectable outside the cannabis business.
2. Interior and exterior cameras shall be installed that meet all of the requirements of Department of Cannabis Control Regula�on 15044 pertaining to video surveillance systems, and such surveillance system shall be maintained in good working order. The City shall have final approval over the loca�on of security cameras and their placement shall not be altered therea�er without the prior approval of the City.
3. An alarm system shall be installed and operated that complies with Department of Cannabis Control Regula�on 15047.
78 4. Commercial grade, non-residen�al locks shall be used on all points of entry and exit to the premises, and on all limited-access areas within the interior of the premises in compliance with Department of Cannabis Control Regula�on 15046.
.
.
.
Sec. 120.06.010. - Glossary of terms.
(a) For the purpose of this zoning �tle, certain words and terms used in this �tle are defined as follows:
.
.
.
Medical marijuana dispensary means a facility or loca�on, whether fixed or mobile, where medical marijuana is made available to, distributed by, or supplied to more than a single:
(1) Qualified pa�ent;
(2) Person with an iden�fica�on card; or
(3) Primary caregiver.
The term "medical marijuana dispensary" includes a medical marijuana coopera�ve. A medical marijuana coopera�ve is two or more persons collec�vely or coopera�vely cul�va�ng, using, transpor�ng, possessing, administering, delivering or making available medical marijuana, with or without compensa�on. All terms used in this chapter, including but not limited to "medical marijuana," "qualified pa�ent," "iden�fica�on card" and "primary caregiver," shall be as defined in strict accordance with Health and Safety Code § 11362.5 et seq.
.
.
.
79 1
ORDINANCE NO. 2023-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTIONS 120.03.030, 120.04.150 AND 120.06.010 OF THE EASTVALE MUNICIPAL CODE TO ALLOW DELIVERY-
ONLY MEDICINAL CANNABIS RETAILERS TO LOCATE WITHIN THE CITY AS REQUIRED BY SB 1186
WHEREAS, Senate Bill 1186 goes into effect on January 1, 2024, and prohibits local jurisdictions from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction.
WHEREAS, the City of Eastvale prohibits all commercial cannabis facilities from locating and operating within the city.
WHEREAS, the purpose of this ordinance is to amend the city’s regulations to allow cannabis retailers that engage solely in the sale of medicinal cannabis and medicinal cannabis products on a delivery only basis within the I-P and M-SC zones with a conditional use permit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. As required by Section 120.01.070(e) of the Eastvale Municipal Code, the City Council finds that the changes contained in this ordinance are consistent with the General Plan goals, policies, and implementation programs. Specifically, the purpose of this ordinance is to ensure the City’s code is consistent with State legal mandates, and there are no goals, policies, or implementation programs that are inconsistent with implementing the requirements of SB 1186 in the City.
SECTION 2. Amendment of Section 120.03.030. Table 3.3-1 in Section 120.03.030 (Commercial and industrial permitted uses and development standards) of the Eastvale Municipal Code is amended to change the row for “medical marijuana dispensary” to read as follows:
Land Use C-1/C-P C-P-S C-O I-P M-SC M-M M-H W-1 Special Provisions
Medicinal cannabis retailer,
delivery-only
C C Section
120.04.150
SECTION 3. Amendment of Section 120.04.150.
80 2
A. Paragraphs (b) and (c) of Section 120.04.150 (Cannabis facilities, cultivation, and deliveries) of the Eastvale Municipal Code are amended to read as follows:
“(b) Purpose. The purpose of this section is to prohibit commercial cannabis facilities within the city, except as expressly authorized herein, and to regulate cannabis cultivation within the city limits. (c) Commercial cannabis facilities and cannabis deliveries.
1. Commercial cannabis facilities are prohibited in all zones in the city, except that a delivery-only medicinal cannabis retailer (Type 9 retail license from the State’s Department of Cannabis Control with an M-designation) may be conditionally permitted in the I-P and M-SC zones, subject to the requirements of paragraph (g) of this section and provided that the delivery-only medicinal cannabis retailer is located a minimum of 1,000 feet from a residential use or zone as measured from the nearest property lines. No person or entity may establish or operate a commercial cannabis facility within the city limits, except for a delivery-only medicinal cannabis retailer with all appropriate permits.
2. No property owner may allow its property to be used by any person or entity as a commercial cannabis facility within the city limits, except for a delivery-only medicinal cannabis retailer with all appropriate permits.”
B. A new paragraph (g) is added to Section 120.04.150 (Cannabis facilities, cultivation, and deliveries) of the Eastvale Municipal Code to read as follows:
“(g) Conditions of approval. A conditional use permit for a delivery-only medicinal cannabis retailer shall include the following minimum conditions of approval.
1. The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside the cannabis business, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment or any other equipment which the City determines has the same or better effectiveness:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
b. An air system that creates negative air pressure between the cannabis businesses' interior and exterior so that the odors generated inside the cannabis business are not detectable outside the cannabis business.
2. Interior and exterior cameras shall be installed that meet all of the requirements of Department of Cannabis Control Regulation 15044 pertaining to video surveillance systems, and such surveillance system shall be maintained in good working order. The City shall have final approval over the location of security cameras and their placement shall not be altered thereafter without the prior approval of the City.
3. An alarm system shall be installed and operated that complies with Department of Cannabis Control Regulation 15047.
4. Commercial grade, non-residential locks shall be used on all points of entry and 81 3
exit to the premises, and on all limited-access areas within the interior of the premises in compliance with Department of Cannabis Control Regulation 15046.” SECTION 4. Amendment of Section 120.06.010. Section 120.06.010 (Glossary of terms) of the Eastvale Municipal Code is amended to delete the definition of “medical marijuana dispensary.”
SECTION 5. Severability. If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. Effective Date. This ordinance shall take effect thirty (30) days after its passage by the City Council.
SECTION 7. City Clerk Action. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c).
PASSED, APPROVED AND ORDAINED this 10th day of January, 2024. _______________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________________ _______________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
82 4
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE)
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 23-26, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 13th day of December, 2023, and was passed by the City Council of the City of Eastvale at a regular meeting held on the 10 th day of January, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
83 AGENDA STAFF REPORT
City Council Meeting
PUBLIC HEARINGS
Agenda Item No. 13.1
December 13, 2023
PLN23-20063 - Senate Bill (SB) 1186 Medicinal Cannabis Retailers – Delivery Only
Prepared By:
David Murray, City Planner
Recommended Action(s)
Staff recommends that the City Council introduce, read by tle, and waive further reading of an Ordinance amending Secons 120.03.030, 120.05.150, and 120.06.010 of the Eastvale Municipal Code.
Summary
The proposed ordinance would amend the city's regulaons, pursuant to new state regulaon, to allow cannabis retailers that engage solely in the sale of medicinal cannabis and medicinal cannabis products on a delivery only basis within the I-P (Industrial Park) and M-SC (Manufacturing, Service Commercial) Zones with the granng of a condional use permit. This amendment would not permit storefront retailers or other commercial cannabis uses.
Background
Currently, the Zoning Code prohibits all commercial cannabis facilies, including medical cannabis dispensaries, from locating and operating within the city. The Zoning Code further prohibits cannabis deliveries, with the excepon of the delivery of medicinal cannabis by a primary caregiver to one of the primary caregiver's qualified patients or to an exempt facility.
Senate Bill 1186, signed by Governor Newsom on September 18, 2022, goes into effect on January 1, 2024 (
A4achment 1
). This bill amends the California Government Code and prohibits local jurisdicons from adopng or enforcing any regulaon that prohibits the retail sale by delivery within the local jurisdicon of medicinal cannabis to medicinal cannabis paents or their primary 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
84 caregivers by licensed medicinal cannabis businesses in a mely and readily accessible manner, and in types and quanes that are sufficient to meet demand from medicinal cannabis paents within the local jurisdicon. As such, jurisdicons shall not prohibit the establishment of non-storefront medicinal cannabis delivery only businesses.
As classified by the state, the non-storefront medicinal cannabis retailers, delivery-only funcon similar to a small distribuon center where merchandise is stored in a secured facility and delivered directly to the medically-qualified customers or their caregivers. There are no customers or direct sales at the brick-and-mortar location.
Because the state law restricts jurisdicons from prohibing non-storefront medicinal cannabis retailers, delivery-only, staff is recommending a proacve approach to ensure that possible locaons for brick-and-mortar non-storefront medicinal cannabis delivery businesses are located in areas with the least impact on the community. Failure of the city to idenfy appropriate zoning and standard condions of approval would lead to a potenal business locang in any commercial or industrial zone in compliance with the new state law.
Therefore, due to the distribuon nature of the business type and the concern for potenal community impacts related to crime, odor, and traffic, staff recommends liming non-storefront medicinal cannabis retailers with delivery only to the I-P (Industrial Park) and M-SC (Manufacturing, Service Commercial) Zones with the granng of a Condional Use Permit (CUP). This would require the addion of "Medicinal cannabis retailers - delivery only" to the Use Matrix for Commercial, Business Park, Industrial and Special Purpose Zones and would also warrant the need to remove the line item for "Medical marijuana dispensary," as it would be replaced with the terminology from the state law.
Addionally, staff recommends requiring that these businesses be located a minimum of 1,000 feet from any residenal use or zone. There are several locaons within the city where the I-P zone is in close proximity to established residenal areas. Including a separaon of 1,000 feet would provide adequate distance between the incompable uses to eliminate or reduce any potenal impacts such as odor or safety.
Although the California Department of Cannabis Control has specific operaonal requirements related to odor control and security as part of the licensing requirements for non-storefront medicinal cannabis delivery businesses, staff recommends including addional standard condions that address odor and security. Specifically, the recommended language includes requirements to install odor absorbing venlaon and exhaust systems to eliminate the interior odors from being detected outside the cannabis business, requirements for interior and exterior security cameras subject to approval by the city, and a requirement for the installation of an alarm system.
The recommended amendments described above are detailed in A4achment 2
as redline-strikeout
changes. These include changes to Secons 120.03.030, 120.05.150, and 120.06.010 of the Eastvale Municipal Code. These changes will ensure that the Medicinal cannabis retailers with delivery only would not be located in commercial areas and would further ensure that impacts on residenal areas are limited, while still meeting the intent of state law.
Environmental
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
85 This Ordinance is exempt from the California Environmental Quality Act (CEQA) review under the general rule exempon. The ordinance ensures compliance with Senate Bill 1186 by idenfying zones and development standard for Medicinal cannabis retailers with delivery only. No development or intensificaon of land use will result from the Zoning Code Amendment. Any new Medicinal cannabis retailers with delivery only uses that result from this Zoning Code Amendment would be evaluated under CEQA at the time of application submittal.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not Applicable
Fiscal Impact
There is no fiscal impact to the City associated with adopon of this Zoning Code Amendment, as staff me to prepare this report and draE ordinance is included in the 2023/24 FY Community Development Department budget.
Prior City Council/Commission Action
On November 15, 2023, the Planning Commission adopted a resoluon recommending that the City Council adopt a Zoning Ordinance Amendment of Secons 120.03.030, 120.05.150, and 120.06.010 of the Eastvale Municipal Code in compliance with SB 1186.
Attachment(s)
Attachment 1 - SB-1186 Bill Text
Attachment 2 - PLN23-20063 Redlined Changes
Attachment 3 - Map of I-P and M-SC Properties
Attachment 5 - Proof of Publication
Attachment 4 - Draft Ordinance
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
86 AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.6
January 10, 2024
WRCOG Agreements for Streetlight Operations & Maintenance Prepared By:
Jimmy Chung, Public Works Director/ City Engineer
Recommended Action(s)
Staff recommends that the the City Council:
1 .
Approve and authorize the City Manager to execute a First Amendment to the Implementa)on Agreement with the Western Riverside Council of Governments (WRCOG); and
2 .
Approve and authorize the City Manager
to execute the Appendix 1 to the WRCOG
Professional Services Agreement with Yunex Traffic
.
Summary
The Western Riverside Council of Governments (WRCOG) Regional Streetlight Program currently provides services to the City of Eastvale, including streetlight opera)ons & maintenance (O&M) services, project management, and as-needed technical assistance, for smart streetlight technologies, such as traffic sensors, and as-needed support for broadband initiatives or projects.
Currently, WRCOG has a Professional Services Agreement with Yunex Traffic, formerly Siemens, to provide streetlight retrofit and O&M services to the member agencies in the Regional Streetlight Program. On June 27, 2018, the City entered into Appendix 1 to the WRCOG Professional Services agreement in order to receive streetlight O&M services provided by Yunex Traffic, formerly Siemens, within the City’s jurisdic)on. On September 27, 2018, the City of Eastvale entered into an Implementa)on Agreement with WRCOG to implement the maintenance and repair program for the City’s streetlights as well as receive all services provided by the Regional Streetlight Program. The 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
87 exis)ng WRCOG Professional Services Agreement and Appendix 1 with Yunex Traffic expired on December 1, 2023.
On July 12, 2023, WRCOG released Request for Proposals Number 23-02, seeking a provider for streetlight O&M services for the agencies par)cipa)ng in the Regional Streetlight Program. On October 2, 2023, the WRCOG Execu)ve CommiEee approved an award to Yunex Traffic and authorized a new Professional Services Agreement to provide streetlight O&M services to the member agencies in the Regional Streetlight Program. Any member agencies seeking to receive streetlight O&M services will need to execute a First Amendment to the Implementa)on Agreement with WRCOG, and a new Appendix 1 to the new WRCOG Professional Services Agreement (PSA) with WRCOG and Yunex Traffic.
This item is seeking approval from the City Council to enter into a First Amendment to the Implementa)on Agreement with WRCOG to integrate the new WRCOG Professional Services Agreement (PSA) into the Implementa)on Agreement, and approval of a new Appendix 1 to the new WRCOG PSA with Yunex Traffic and WRCOG for the City to receive streetlight O&M services.
Background
Background
At the direc)on of its Execu)ve CommiEee, WRCOG developed a Regional Streetlight Program that assisted 11 local agencies, including the City of Eastvale, with securing financing, purchasing streetlights from Southern California Edison, and retrofiGng streetlights to LED luminaires in order to provide more economic opera)ons (i.e., lower maintenance costs and reduced energy use). Local control of the streetlight system also provides the City of Eastvale the opportunity to implement smart city technologies such as traffic sensors and install telecommunica)ons equipment such as small cells that support 5G connec)vity. In order to iden)fy and elaborate on these new opportuni)es related to smart ci)es and broadband, WRCOG developed a Smart Streetlights Implementation Plan and Broadband Assessment.
On June 5, 2017, the City of Eastvale entered into a Purchase & Sale Agreement with Southern California Edison (SCE) to purchase eligible streetlights within the City’s jurisdic)on from SCE. By January 2022, the City had purchased 4,199 streetlights from SCE that would be entered into the Regional Streetlight Program. Addi)onally, streetlights that were either historically owned and operated by the City or accepted from new development as city-owned have also been added into the Regional Streetlight Program.
On March 27, 2018, WRCOG entered into an Amended & Restated Professional Services Agreement with Siemens Industry, Inc., Intelligent Traffic Systems, to provide streetlight retrofit and opera)ons & maintenance (O&M) services for all agencies par)cipa)ng in the Regional Streetlight Program for a term ending on December 1, 2022, with two addi)onal 1-year op)on terms, and a not-to-exceed Compensa)on amount of $5,913,073. Member agencies in the Regional Streetlight Program that wanted to receive the streetlight retrofit and O&M services had to execute an Implementa)on Agreement with WRCOG, and an Appendix to the Professional Services Agreement between WRCOG, Siemens, and the member agency.
On June 17, 2018, the City entered into Appendix 1 to the WRCOG Professional Services agreement in order to receive streetlight O&M services provided by Yunex Traffic, formerly Siemens, within the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
88 City’s jurisdic)on. On September 27, 2018, the City of Eastvale entered into an Implementa)on Agreement with WRCOG to implement the maintenance and repair program for the City’s streetlights as well as receive all services provided by the Regional Streetlight Program.
On October 27, 2021, WRCOG consented to the transfer of the contract pertaining to Siemens' Intelligent Traffic Systems (ITS) business to Yunex Traffic due to the worldwide carve-out of the ITS business into a separate business en)ty under the new brand name Yunex Traffic. On January 31, 2022, the City of Eastvale consented to the transfer to Yunex Traffic.
On November 7, 2022, WRCOG and Yunex entered into a Second Amendment to the Amended & Restated Professional Services Agreement to extend the term of the contract to December 1, 2023.
Subsequently, on October 26, 2022, the City of Eastvale entered into the Second Amendment to Appendix 1 to the WRCOG Amended & Restated Professional Services Agreement to extend the contract term with Yunex Traffic to December 1, 2023.
Discussion
The Implementation Agreement between the City of Eastvale and WRCOG for the implementation of the maintenance and repair program for streetlights provides the City with streetlight opera)ons & maintenance (O&M) services, project management, and as-needed technical assistance for smart streetlight technologies, such as traffic sensors, and as-needed support for broadband ini)a)ves or projects. The City compensates WRCOG through an Administra)ve Fee, which is based on a per- pole-per-month fee. As required by the Implementa)on Agreement, WRCOG secured a contractor, Yunex Traffic, formerly Siemens, to provide streetlight O&M services to member agencies in the Regional Streetlight Program.
The Amended & Restated WRCOG Professional Services Agreement with Yunex Traffic, formerly Siemens, expires on December 1, 2023. On July 12, 2023, WRCOG released Request for Proposals (RFP) Number 23-02, seeking a qualified contractor to provide streetlight O&M services to the nine par)cipa)ng member agencies in the Regional Streetlight Program, which account for over 36,000 streetlights. The RFP was posted on WRCOG's Planet Bids portal where over 108 vendors were no)fied of the bid opportunity, and remained open for three weeks. Prospec)ve vendors were no)fied based on the following categories: contractors registered with the Department of Industrial Rela)ons, electrical and other wiring, facili)es support services, all other specialty trade contractors, and other government support. During the RFP process, four prospec)ve bidders were iden)fied and only one ques)on was received. By the submiEal deadline of August 2, 2023, only one bid was received (from Yunex Traffic).
WRCOG staff convened a Bid Review CommiEee by invi)ng representa)ves from each member agency in the Regional Streetlight Program to par)cipate in the bid evalua)ons and interview.
WRCOG staff (Program Manager for the Regional Streetlight Program) and a total of four representa)ves from the Ci)es of Hemet, Lake Elsinore, and Menifee, and the Jurupa Community Services District (JCSD) reviewed and provided comments on Yunex Traffic's bid. Addi)onally, WRCOG staff and two representa)ves from the City of Menifee and JCSD conducted an interview with Yunex Traffic to clarify any ques)ons that member agencies had on the bid. In the subsequent weeks aMer the interview, WRCOG staff coordinated with member agencies, including City staff, and Yunex Traffic to clarify any addi)onal ques)ons, as well as the Scope of Work and compensa)on rates.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
89 Yunex Traffic's bid includes a similar scope of work as the current agreement, including Rou)ne and Extraordinary, Emergency, and AMer-Hours Maintenance, as well as updated compensa)on rates.
Services provided under the Rou)ne maintenance schedule are compensated on a per-light, per- month rate and include services such as fixture replacement via warranty claims, replacement of long-life photocells, fuses, fuse holders, and hand hole covers, troubleshoo)ng for up to two hours during a service call for failed streetlights, and a quarterly night check of all agency-owned streetlights. Twice per year the City remits funds to WRCOG for the upcoming six months of rou)ne streetlight maintenance which are held by WRCOG in a pass-through account. Each month WRCOG receives invoices from Yunex Traffic for rou)ne streetlight maintenance provided in the city of Eastvale and pays those invoices with the funds remitted by the City of Eastvale.
Services provided under the Extraordinary, Emergency, and AMer-Hours Maintenance scope of work are typically as-needed, and are thus compensated on a )me and material (T&M) basis based on the Labor and Equipment rates in the bid. This scope of work includes LED retrofits and installa)on of pole iden)fica)on tags for cobra-head and decora)ve style streetlights, responding to pole knockdowns and replacement of the pole, and miscellaneous services such as pull box lid and overhead wiring replacement, underground service alert services, pole pain)ng and graffi) abatement. WRCOG receives invoices for the Extraordinary, Emergency, and AMer-Hours Maintenance services provided in the city, and forwards those invoices to the City for direct payment to Yunex Traffic.
Moreover, upon award of a contract, Yunex Traffic will provide items at no-addi)onal cost such as a 24/7 call center and dispatch that can receive service calls from City staff, WRCOG staff, or the public, access to an online Customer Portal and Service Business PlaNorm, which is a proprietary management system designed to effec)vely manage and track all service order progress, materials used, loca)on history, and event repor)ng as work is performed. Furthermore, in lieu of a per-light, per-month rate for rou)ne maintenance services, Yunex Traffic has also agreed to provide all services from their bid based on T&M rates should a member agency prefer to take an on-call maintenance approach for all work completed.
WRCOG staff have coordinated with representa)ves from all member agencies par)cipa)ng in the Regional Streetlight Program to gather any comments they may have regarding Yunex Traffic's bid and to gather any feedback or requirements they may want to include in the new Professional Services Agreement with Yunex Traffic. Understanding that the member agencies are the customers and recipients of services provided by Yunex Traffic, WRCOG staff wanted to make sure that representa)ves from the member agencies had a chance to provide any feedback and give their approval for WRCOG to move forward with the award of a new Professional Services Agreement to Yunex Traffic. Addi)onally, staff worked with member agencies to iden)fy a term length and not-to- exceed contract amount. The new WRCOG Professional Services Agreement with Yunex Traffic will take effect on December 1, 2023.
To move forward, the City will need to execute the First Amendment to the Implementa)on Agreement between WRCOG and the City of Eastvale (AEachment 1), and a new Appendix 1 to the new WRCOG Professional Services Agreement that will be between WRCOG, Yunex Traffic, and the City of Eastvale (AEachment 2). The term of the new Appendix 1 to the WRCOG Professional Services Agreement with Yunex Traffic for streetlight O&M services will be for seven months and expire on June 30, 2024, at which point the City, or its own contractor, will be responsible for streetlight O&M services. The compensa)on for the WRCOG Professional Services Agreement was 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
90 calculated by taking a combina)on of allocated budgets for streetlight maintenance from each member agency in the Regional Streetlight Program, es)mated maintenance costs based on streetlight inventories, and es)mated maintenance costs based on the average of the three prior years' costs for maintenance. The not-to-exceed compensa)on amount for the WRCOG Professional Services Agreement is $7,295,244. The City of Eastvale’s share of the compensa)on for the WRCOG Professional Services Agreement is currently es)mated at $147,339 and is subject to change based on the number of streetlights added to or removed from the Program and any addi)onal work requested by the City
Environmental
Approval of the agreement is Categorically Exempt from the California Environment Quality Act (CEQA) pursuant to Sec)on 15301, which exempts from CEQA review projects involving the opera)on, repair, maintenance, permiGng, leasing, licensing, or minor altera)on of exis)ng facilities.
Strategic Plan Action - Priority Level: 1
| Target #: E
| Goal #: A
N/A
Fiscal Impact
The City of Eastvale is responsible for all costs arising from the WRCOG Professional Services Agreement with Yunex Traffic for services provided within the City’s jurisdic)on in an amount of $147,339 over the term of the Appendix 1 and is subject to change based on the number of streetlights added to or removed from the Program and any addi)onal work requested by the City.
A vast majority of the services performed on streetlights are charged to ligh)ng districts within the city, as such there is minimal impact to the General Fund. Budget for the streetlight services was appropriated within the lighting district funds during the 2023-24 budget process.
Prior City Council/Commission Action
On February 23, 2022, the City Council approved the purchase and LED retrofit of addi)onal SCE streetlights.
On May 9, 2018, the City Council adopted Resolu)on No. 18-18 to authorize financing agreements for the purchase and LED retrofit of SCE streetlights; and authorized the City Manager to execute the Implementation Agreement with WRCOG for Regional Streetlight Program.
On May 9, 2018, the City Council authorized the City Manager to execute the Agreement Regarding Streetlight Acquisi)on between the City of Eastvale and Jurupa Community Services District, which stipulates the transfer of certain SCE Accounts from JCSD to the City, the City will retain ownership of streetlight poles located in Eastvale, and that JCSD will continue to administer the LMDs.
On April 17, 2018, at the Special Joint Mee)ng between JCSD Board of Directors and Eastvale City Council, both the Board and the Council directed staff of both agencies to move forward with the transfer of SCE accounts of approximately 4,027 streetlight poles from JCSD to the City of Eastvale.
On April 12, 2017, the City Council authorized the City Manager to execute the Purchase and Sale Agreement with Southern California Edison for the acquisition of streetlights. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
91 Attachment(s)
Attachment 1 - First Amendment to Implementation Agreement
Attachment 2 - APPENDIX 1 to WRCOG PSA w Yunex LLC
Attachment 3 - Implementation Agreement
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
92 FIRST AMENDMENT TO THE IMPLEMENTATION AGREEMENT
BETWEEN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
AND THE CITY OF EASTVALE TO IMPLEMENT MAINTENANCE AND REPAIR
PROGRAM FOR STREETLIGHTS
This First Amendment to Maintenance Agreement (“First Amendment”) is entered into as of _________________ between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”), a joint powers authority formed under Government Code sections 6500 et seq., and the CITY OF EASTVALE (“Member Agency”), a public agency formed under the laws of the State of California. WRCOG and the Member Agency are sometimes collectively referred to in this First Amendment as the “Parties” or individually as a “Party.”
RECITALS
WHEREAS, on March 27, 2018, WRCOG entered into an “Amended and Restated Western Riverside Council of Governments Professional Services Agreement” with Siemens Industry, Inc. (the “Original Professional Services Agreement”), for the provision of retrofitting services and regular maintenance and repair services (the “Services”), which was subsequently amended; and WHEREAS, WRCOG and the Member Agency entered into the “Implementation Agreement between the Western Riverside Council of Governments and City of Eastvale to Implement the Maintenance and Repair Program for Streetlights” on September 27, 2018, in order to authorize WRCOG to enter into one or more agreements with third party providers for the provision of maintenance, repair, retrofitting and replacement services of streetlights and acquisition of retrofit equipment on behalf of the Member Agency within the Member Agency’s jurisdiction and to administer such agreements; and
WHEREAS, the Original Professional Services Agreement expired and WRCOG has entered into a “Western Riverside Council of Governments Professional Services Agreement” with Yunex LLC dated October 2, 2023 (the “Professional Services Agreement”), to provide professional services for the installation of LED street lights and the ongoing operations and maintenance of the street light systems for member agencies; and
WHEREAS, the Parties desire enter into this First Amendment to amend the Implementation Agreement, as permitted pursuant to the provisions of thereof, to replace the Original Professional Services Agreement attached as Exhibit A to the Implementation Agreement with the Professional Services Agreement, attached as Exhibit A hereto; and
WHEREAS, the City Council has authorized the Member Agency to enter into this First Amendment.
NOW, THEREFORE, the Parties hereby understand and agree as follows:
AGREEMENT
Section 1: Amendment to the Implementation Agreement.
Exhibit A of the Implementation Agreement shall be replaced with the Professional Services Agreement attached hereto as Exhibit A.
93 Section 2: Effect of this First Amendment on the Other Terms and Provisions of the Implementation Agreement.
All terms and provisions of the Implementation Agreement, shall remain in full force and legal effect except as expressly modified by the provisions of this First Amendment. 94 IN WITNESS WHEREOF, the Parties hereby have made and executed this First Amendment as of the date first written above.
WESTERN RIVERSIDE COUNCIL CITY OF EASTV ALE
OF GOVERNMENTS
By: ________________________________ By: _________________________ Dr. Kurt Wilson
Executive Director Title: _________________________
APPROVED AS TO FORM: ATTEST:
By: ________________________________ By: _________________________ General Counsel Its: _________________________
Best Best & Krieger LLP
APPROVED AS TO FORM:
By:________________________________
City Attorney
95 EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
96 -1-
APPENDIX 1
CITY OF EASTVALE
This Appendix 1 to Agreement (“Appendix”) by and between WRCOG, Consultant, and CITY OF EASTVALE ("Member Agency") is made and entered into thisday __ of ________, 2023. WRCOG, Consultant, and Member Agency are referred to herein as Parties.
1. Defined Terms. All terms used herein have the meanings ascribed to them in the Professional Services Agreement between WRCOG and Consultant dated October 2, 2023, with the exception of the term Member Agency, which for the purposes of this Appendix will refer to the City of Eastvale only.
2. Agreement Incorporated. The terms and provisions of the Agreement are hereby incorporated into this Appendix.
3. Member Agency Exhibits. The Parties hereby agree that the Scope of Services and Compensation for the Project as it relates to Member Agency are defined specifically in Exhibits A and B, attached hereto and incorporated herein by this reference.
WESTERN RIVERSIDE COUNCIL Yunex, LLC
OF GOVERNMENTS
By: ________________________________ By: _________________________ Dr. Kurt Wilson
Executive Director Title: _________________________
APPROVED AS TO FORM: ATTEST:
By: ________________________________ By: _________________________ General Counsel Its: _________________________
Best Best & Krieger LLP
City of Eastvale
By: _____________________________
Mark Orme, City Manager
APPROVED AS TO FORM
By: _____________________________
City Attorney
ATTEST:
By: _____________________________
City Clerk
97 -2-
Exhibit “A”
EXHIBIT “A”
SCOPE OF SERVICES
Understanding of the Project
It is our understanding that WRCOG is seeking a qualified firm to provide Streetlight Operation & Maintenance Services. The selected service company will be responsible for providing a continuing, comprehensive, response program for the Member Agency
streetlights. The Member Agencies expectation is that the contractor will help reduce complaints, promote safety, and proactively extend the longevity of the Member Agencies streetlight equipment, thus reducing the overall operating cost.
We understand that the general Scope of Work to be done consists of scheduled and unscheduled repairs to the Member Agencies streetlight systems. Yunex Traffic will have available and readily accessible, qualified personnel, tools, equipment, facilities, and material required to perform all work necessary for the maintenance of WRCOG’s streetlight systems, as outlined in the Scope of Work and in compliance with current Member Agency and State standards.
Approach / Response Times
To be able to respond immediately to emergency calls, Yunex Traffic’s field technicians are authorized to take their work vehicles home daily. All work vehicles are stocked with proper field equipment so he/she may sufficiently address most problems they encounter while responding.
Emergency response call outs and unscheduled repairs are initiated by calling our toll-free emergency phone number, 1-800-229-6090. A live dispatcher will be available 24 hours a day, 7 days per week, 365 days per year. Our dispatcher will create a work order in our visual planning board and once the work order is released, it will immediately transfer to our technician’s queue on their mobile device. As part of our quality control practice, our dispatcher will follow up with a phone call to our technician to confirm that they are in receipt of the call out/work order. For emergency calls, the technician will arrive at the site within one (1) hour to assess and correct the reported problem. Once the problem is corrected, the technician will inform our WRCOG representative of the repair actions.
Scope of Work
It is always the goal of Yunex Traffic to tailor our services around our customer’s needs. We understand that throughout the term of a contract, those needs may change. We approach all our contracts with the same vision; build a partnership with WRCOG staff and work towards achieving common goals set forth through that partnership. We realize that this is an ever- evolving process and that is why we believe that the only successful route is through establishing common goals. This methodology and a commitment to service will be applied to every aspect of our services for WRCOG.
Yunex Traffic will be available to provide emergency/non-emergency streetlight related issues such as downed streetlight poles, luminaires/photocontrols not functioning, wiring issues, and other operational equipment related issues.
Yunex Traffic will perform the following tasks and activities as it relates to the maintenance of the streetlight system (36,231poles & 36,554 luminaires):
98 -3-
Exhibit “A”
Customer Service – Provide and administer a customer service center including, at a minimum, a toll-free phone number and website to allow WRCOG and the public to report any streetlight issues (e.g., outages, knockdowns, etc.). Separately, provide a maintenance website for WRCOG staff to access. This will provide WRCOG an up-to-date summary of current and completed tasks. Yunex will use and provide an Online Maintenance System with free access to designated WRCOG staff members. The entire online system will be a real-time system. System functionality will include but not be limited to the following items:
• Work order tracking
• Work order status updates
• Asset and equipment management
• Maintenance requests
• Maintenance checklists that are maintained and updated regularly GIS Update - Update WRCOG’s GIS mapping system when new poles are replaced or added to the streetlight system.
Reports - Monthly and quarterly streetlight system reviews and reports, including outage/failure rate, knockdowns, and suggested repairs.
Meetings – Coordinate and attend regular meetings to review outstanding issues and work orders, including discussion of any billing or contract management issues.
Coordination with Outside Entities – Coordinate
electrical service repairs/restoration with SCE as well as coordinate with WRCOG Staff, residents, and
businesses, as-needed, for difficult to access lights.
Traffic Control – Employees are trained and certified in temporary traffic control measures, which are compliant with the California Manual of Uniform Traffic Control
Devices (CA MUTCD).
Warranty Claims – Administer services for all warranty
claims on behalf of the Member Agency for any
luminaires, photocells, or similar streetlight equipment (smart nodes, detection devices, etc.)
Streetlight Pole Knockdowns – Respond to all calls of
poles that have been knocked down, implement traffic
control, confirm electrical lines are made safe, cut downed pole/luminaire arm, remove from location, and clean up all debris.
Streetlight Pole Replacement - Replacement poles will be replaced within 14 business days of reporting.
Quarterly Streetlight System Reviews (Night Inspection) – Nighttime lighting surveys will be conducted of all Member Agency owned streetlights to identify any streetlights that are non-functioning. Upon completion of such nighttime survey, Yunex will provide a report to the Member Agency of all system activity, condition, issues found, and planned or completed repairs. The report will include the nearest street address and pole number.
Nighttime Lighting Surveys will be completed quarterly. 99 -4-
Exhibit “A”
Annual Painting of Metal Poles– Provide metal pole painting based upon Member Agency approval.
LED Replacement – Replacement of LED streetlights that
have been inoperative by virtue of failure. Replacement will occur within three (3) business days from notification of Yunex by Member Agency. If the cause of failure is covered under manufacture warranty, Yunex will be responsible for warranty management of defective LED fixtures which includes all aspects related to standard warranty practices. Yunex will notify the Member Agency of any undue delays in response due to the manufacturer.
LED Retrofit & Pole Tagging – Provide LED retrofit and/or pole identification tag installation services for cobra head and/or decorative streetlights.
Removal and Disposal – Provide removal and disposal
services of all damaged/discarded materials. Disposal services will follow the California Recycle and Disposal Laws.
Furnish and Install House-Side Shields – Provide and install house-side shields when requested to do so by any Member Agency.
Provide a Storage Facility – Yunex’s local storage facility is conveniently located in the City of Riverside, which is within minutes of each Member Agency. We have been utilizing this location to service this contract since being awarded this contract.
Compliance with all Laws – Yunex is familiar with all federal, state, and local laws and regulations regarding the Scope of Work, and follows wage and labor laws, OSHA requirements, and appropriate safety measures.
Troubleshooting – Diagnose and repair any Member Agency owned inoperable streetlights. Repairs will be completed within three (3) working days or less.
Spare Inventory – Yunex will warehouse sufficient spare inventories such as poles, luminaires, ballasts, photocells, nodes, fuse holders, fuses, wire, pull box lids, hand hole covers, electrical services, pole identification tags, and other electrical components.
Extraordinary, Emergency, and After-hours
Maintenance - For streetlight maintenance issues
that fall outside of the standard maintenance scope
above, Yunex will provide services billed on a time
& materials basis. Example of Extraordinary,
Emergency, and After-hours Maintenance includes
the following: traffic accidents, tree fall or power
surges that may occur, resulting in the streetlights
being damaged and needing to be replaced, though
the frequency may vary considerably. All
Extraordinary, Emergency, and After-hours
Maintenance work must be preapproved by the
Member Agency prior to the work being completed.
The following items have specifically been identified as, but are not limited to, Emergency and after-hours maintenance:
o Emergency response - 24 hours and day 7 days a week
100
-5-
Exhibit “A”
o Streetlight pole knockdown response
o Damaged/leaning poles
o Luminaire repairs or replacement
o Photocell replacement
o Fuse and/or fuse holder replacement
o False calls
o Wiring replacement
o Pole graffiti abatement
o Pole painting
o House side shield purchase and installation
Additional offerings available to WRCOG:
USA Dig Alert Services
Yunex Traffic will respond to all Underground Service Alert (USA) requests/notices or at the request of Member Agency staff for the marking and protection of streetlight underground facilities such as electrical con duits, safety light conduits, and other appurtenant equipment which might conflict with other right-of-way construction or repairs.
Our own in-house technicians are equipped and certified with the proper locating devices provided by Metrotech.
101
-6-
Exhibit “A”
On-Line Portal (Service Business Platform @ITS)
Yunex Traffic has rolled out a new service tool called SBP (Service Business Platform), which is a proprietary management system designed to effectively manage all service order progress, remotely update our ERP system (SAP) and as work is performed.
SBP allows us to monitor many key performance items such as time arrived onsite, time of completion, materials used, and vehicle/equipment used.
SBP keeps historical records for every location which allows the technicians an additional resource when troubleshooting.
When creating a new service request, the SBP will query the location history and will flag the order if it is a repeated call out or duplicate order.
Technicians transmit response and routine maintenance items in real-time using IOS or Android devices.
The contractual Scope of Work and all maintenance activities are also available for technicians to review to ensure all tasks are completed within the specified timeframe.
Customer specific checklists for routine preventative maintenance will be available to the technicians so all required tasks are completed, per your Scope of Work. 102
-7-
Exhibit “A”
Customer Portal
The SBP Customer Portal gives our customers access to:
Monitor real-time status of routine maintenance and service calls Location history (sort/filter by date, location, call type, etc.) Overall historical maintenance and repair data
Real-time equipment inventories, maps, and event reporting Asset management (including digital photographs, GIS data, etc.) 103
-8-
Exhibit “A”
Tracking as Related to Invoicing
In addition to our Customer Portal, you will receive a detailed billing report with each invoice that lists labor and equipment hours billed for each service order. 104
-9-
Exhibit “B”
EXHIBIT “B”
COMPENSATION
BILLING RATES
Item Description Unit of
Measure
Unit Cost
Monthly Maintenance
1 LED Fixture
Maintenance Cobra
head
This includes the cost for all regular maintenance and associated tasks to maintain the cobrahead fixtures in the streetlight system as identified in section 13.1 of the RFP. This fee is expected to be all inclusive, with the sole exceptions being those items identified in the extraordinary maintenance section. This bid item shall include:
a) Fixture Replacement: Facilitate the entire RMA (return merchandise authorization) process for LED streetlight fixtures that have failed and still covered under the original manufacturer's warranty. This includes the cost to remove, complete the RMA process, and reinstall the fixture (regardless of it being fixed/replaced). Fixtures that are damaged by acts of nature (i.e., lightning strikes, etc.) will be replaced, although the cost of the fixture will be charged under Material Markup (Cost + 15%). b) Long-Life Photocells: Removal & Replacement of a failed photocells. c) Fuses: Replacement of failed fuses.
d) Fuse Holders: Replacement of failed fuse holders.
e) Hand Hole Covers: Replacement of missing hand hole covers (i.e., due to theft).
f) Troubleshooting: Respond to reports of a failed streetlight by city staff or residents. Our technician will spend up to 2 hours of time troubleshooting the streetlight to find what the issue might be (fixture, photocell, fuses, fuse holder, wiring issue, etc.). Troubleshooting which exceeds 2 hours, will be billed under Time and Material (Labor Rates, Equipment Rates, and Material Markup).
g) Night Survey: Perform a quarterly night drive inspection of all 35,832 streetlights belonging to WRCOG agencies. Prepare a report of outages that will be followed up by our technicians.
Per Light
/ Per
Month
$0.70
2 LED Fixture
Maintenance Decorative
This includes the cost for all regular maintenance and associated tasks to maintain the decorative fixtures in the streetlight system as identified in section 13.1 of the RFP. This fee is expected to be all inclusive, with the sole exceptions being those items identified in the extraordinary maintenance section. This bid item shall include:
a) Fixture Replacement: Facilitate the entire RMA (return merchandise authorization) process for Decorative LED fixtures that have failed and still covered under the original manufacturer's warranty. This includes the cost to remove, complete the RMA process, and reinstall the fixture (regardless of it being fixed/replaced). Fixtures that are damaged by acts of nature (i.e., lightning strikes, etc.) will be replaced, although the cost of the fixture will be charged under Material Markup (Cost + 15%). b) Long-Life Photocells: Removal & Replacement of a failed photocells. c) Fuses: Replacement of failed fuses.
d) Fuse Holders: Replacement of failed fuse holders.
e) Hand Hole Covers: Replacement of missing hand hole covers (i.e., due to theft).
f) Troubleshooting: Respond to reports of a failed streetlight by city staff or residents. Our technician will spend up to 2 hours of time troubleshooting the streetlight to find what the issue might be (fixture, photocell, fuses, fuse holder, wiring issue, etc.). Troubleshooting which exceeds 2 hours, will be billed under Time and Material (Labor Rates, Equipment Rates, and Material Markup).
g) Night Survey: Perform a quarterly night drive inspection of all 399 decorative fixtures belonging to WRCOG agencies. Prepare a report of outages that will be followed up by our technicians.
Per Light
/ Per
Month
$2.15
Extraordinary Maintenance (Reference pricing Only - this scope will be quoted on time and material basis) 3 LED Replacement
Cobra head
This includes the costs for labor and equipment (trucks, lifts, tools, traffic control, etc.) for replacing existing cobrahead fixtures with a new LED fixture, disposal and updating of WRCOG database with model number installed and installation date.
The replacement fixture cost is not included and will be charged at material cost plus the markup listed below.
Each $80.00
4 LED Replacement
Decorative
This includes the costs for labor and equipment (trucks, lifts, tools, traffic control, etc.) for replacing existing decorative fixtures with a new LED fixture, disposal and updating of WRCOG database with model number installed and installation date.
The replacement fixture cost is not included and will be charged at material cost plus the markup listed below.
Each $160.00
5 Street light pole ID tag This includes the labor for installation of a unique pole ID tag for each pole. Pole tags will be affixed to poles with an adhesive, no riveting or drilling will be performed. This price is based on installing one (1) pole tag. If multiple pole tags are grouped together, in the same member agency, a lower price could be provided.
Each $92.00
6 House side shield
installation
This includes the costs associated with the installation of a house side shield on an existing LED fixture, excluding the cost of the actual shield. Material will be charged at cost plus the markup listed below.
Each $67.00
105
-10-
Exhibit “B”
7 Knockdown pole
replacement No
foundation
This includes the costs associated with the replacement of an entire street light pole, luminaire arm, fixture and wiring typically associated with a street light knockdown that does not require replacement of the foundation. This is based on the following assumptions: a 28 foot, marbelite pole with a standard 87 watt LED cobra head fixture. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process. These repairs will not be completed as part of an initial emergency response. Costs are based on a single replacement with work completed during normal work hours scheduled within the requested repair interval.
Each $5,190.00
8 Knockdown pole
replacement with
foundation
This includes the costs associated with the replacement of an entire street light pole, luminaire arm, fixture and wiring typically associated with a street light knockdown that does require replacement of the foundation. This is based on the following assumptions: a 28 foot, marbelite pole with a standard 87 watt LED cobra head fixture. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process. These repairs will not be completed as part of an initial emergency response. Costs are based on a single replacement with work completed during normal work hours scheduled within the requested repair interval.
Each $7,920.00
9 Pull box lid replacement This includes the cost of labor, materials and equipment to purchase, supply and replace a pull box lid with a fiberlyte lid due to damage or missing lid.
Each $220.00
10 Pole graffiti abatement This includes the estimated cost per pole to remove or cover reported graffiti. Costs include labor, equipment and materials needed to complete each individual abatement assuming time required to abate graffiti is less than 30 minutes. Work limited to under 4SF and/or lower than 7ft.
Each $87.00
11 Overhead wiring
replacement
Total cost to repair or replace damaged overhead wiring. Cost provided per foot of wire being replaced. Costs include labor, equipment and materials to complete the repair during normal working hours. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process.
Per Foot $17.00
12 Pole painting This includes the costs on a per occurrence (per pole) basis for all labor, equipment and materials needed to prep and paint a standard metal street light pole (assume 30 foot). It is assumed that 10 poles would be scheduled for painting as a group, annually
Each $700.00
13 USA Dig Alert Yunex LLC typically prices this service out on a per occurrence basis. This includes the following: Our technician identifies the point of demarcation on site using field equipment. This is typically limited to approximately 100-150 linear ft per call out.
Each $245.00
Labor Rates
Item
#
Item Description Unit Quantity Regular Time Overtime Premium Time 14 Superintendent HR 1 $98.00 N/A N/A
15 Foreman HR 1 $137.00 $172.00 $207.00
16 Electrician HR 1 $130.00 $162.00 $193.00
17 Laborer HR 1 $110.00 $159.00 $159.00
Regular, Overtime, and Premium time explanation:
Regular Hours are Monday through Friday (excluding holidays) from 7:30am to 4:00pm. Overtime Hours are Monday through Friday after these work hours for the first four straight hours on any job as well as Saturday for the initial 8 working hours. Premium Hours are Monday through Friday after four hours of OT on any one job, Saturdays after 8 hours on any one job, all day Sunday starting at 12:00am until Monday at 7:30am and all holidays starting at 12:00am until the next morning at 7:30am.
Equipment Rates
Item # Item Description Unit Quantity Unit Price
18 Service Truck HR 1 $30.00
19 Bucket Truck HR 1 $30.00
20 Crane Truck HR 1 $55.00
Material Markup
Item # Item Description Unit %
21 Material Markup % 15%
Yunex LLC requests the option to re-evaluate contract pricing using the US Consumer Price Index to calculate annual escalations.
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1 IMPLEMENTATION AGREEMENT BETWEEN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND THE CITY OF EASTVALE TO IMPLEMENT THE MAINTENANCE AND REPAIR PROGRAM FOR STREETLIGHTS This Implementation Agreement (“Agreement”) is entered into as of September 27, 2018 (“Effective Date”) by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”), a joint powers authority formed under Government Code sections 6500 et seq., and The City of EASTVALE (“Member Agency”), a public agency formed under the laws of the State of California. WRCOG and the Member Agency are sometimes collectively referred to in this Agreement as the “Parties” or individually as a “Party.” RECITALS WHEREAS, various cities within Riverside County and the County of Riverside entered into a Joint Powers Agreement on April 1, 1991, as amended from time to time, to create WRCOG (the “JPA”); and WHEREAS, Member Agency is a signatory to the JPA; and WHEREAS, Article VIII of the JPA permits any WRCOG member agency, when authorized by the Executive Committee, to execute this Agreement for the purpose of authorizing WRCOG to implement, manage and administer area-wide and regional programs in the interest of the local public welfare; and WHEREAS, the JPA permits WRCOG, when authorized by an Implementation Agreement, to make and enter into such contracts, incur such debts and obligations, assess contributions from the members, and perform such other acts as are necessary to the accomplishment of the purposes of such agreement; and WHEREAS, over the course of 2016 and 2017, WRCOG negotiated a template purchase and sale agreement, and other associated agreements, with Southern California Edison (“SCE”) to permit WRCOG’s member agencies to acquire streetlights from SCE; and WHEREAS, the Member Agency desires to acquire such streetlights from SCE and install, retrofit such lights with certain energy efficiency improvements; and WHEREAS, the Member Agency intends to enter into that Equipment Lease/Purchase Agreement dated September 27, 2018 (as amended, the “Lease Agreement”) with Banc of America Leasing & Capital, LLC (together with its successors and assigns, “BALCAP”) in order to finance the acquisition, installation and retrofitting of streetlights within its jurisdiction; and WHEREAS, as a condition of such Lease Agreement, the Member Agency must properly maintain, repair and replace such streetlights during the term of the Lease Agreement; and WHEREAS, WRCOG and Member Agency believe that economies of scale can be achieved if maintenance, repair, retrofitting and replacement services of streetlights were provided 107
2 to several of WRCOG’s member agencies under one or more agreements which would be administered by WRCOG; and WHEREAS, WRCOG member agencies have the common power to enter into an agreement for the maintenance, repair, retrofitting and replacement of streetlights in their jurisdictions and administer such agreement; and WHEREAS, WRCOG and the Member Agency desire to enter into this Agreement in order to authorize WRCOG to enter into one or more agreements with third party providers for the provision of maintenance, repair, retrofitting and replacement services of streetlights on behalf of Member Agency within the Member Agency’s jurisdiction and administer such agreements ; and WHEREAS, the Executive Committee of WRCOG and the City Council of the Member Agency have each authorized WRCOG and the City Council, respectively, to enter into this Agreement; and WHEREAS, WRCOG, the Member Agency, Wilmington Trust, National Association (together with any successor paying agent, the “Paying Agent”), and BALCAP will enter into a Paying Agent Agreement dated September 27, 2018 (as in order to facilitate the orderly distribution of payments required under this Implementation Agreement and the Lease Agreement (as amended, “Paying Agent Agreement”); and WHEREAS, the Member Agency, Wilmington Trust, National Association, as escrow agent, and BALCAP will enter into an Escrow and Account Control Agreement to fulfill the deposit requirements under the Lease Agreement (as amended, “Escrow Agreement”). NOW, THEREFORE, the Parties hereby understand and agree as follows: AGREEMENT 1. Maintenance, Repair, and Access 1.1 WRCOG shall enter into an agreement (the “Professional Services Agreement”) for the provision of retrofitting services and regular maintenance and repair services for those streetlights listed in Exhibit A (the “Services”), attached hereto and incorporated herein located in Member Agency’s jurisdiction. Maintenance and repair activities shall consist of repair of electrical wiring and light fixtures, replacement of burned-out lamps, repair and replacement of damaged equipment caused by auto accidents and vandalism, and marking the location of underground electrical conduits for the Dig Alert: Underground Service Alert program, as needed. So long as the Lease Agreement is in effect and not later than three months prior to the termination of any such Professional Services Agreement, WRCOG shall either: (a) renew the Professional Services Agreement; or (b) enter into a Professional Services Agreement with a new vendor. 1.2 In addition, WRCOG shall enter into an agreement (the “Equipment Purchase Agreement”) for the purchase of all equipment associated with the Services. 108
3 1.3 In addition to the Services, WRCOG shall enter into a future agreement (the “Re-lamping Services Agreement”) to provide capital replacement services for such streetlighting, otherwise known as “Re-lamping Services.” Re-lamping Services may be provided under the Professional Services Agreement, through amendment to the Professional Services Agreement, or through a separate agreement. 1.4 WRCOG shall cause the Services to be performed to conduct activities on an as required basis. Non-emergency and emergency maintenance may be performed at Member Agency’s request, but will be subject to the provisions of Section 4 of this Agreement. 1.5 WRCOG shall provide streetlight system reviews and reports including a summary of system activities on an annual basis. 1.6 In order for the contractors to perform the Services and Re-lamping Services, Member Agency hereby grants to WRCOG a no-cost license and right to access the streetlights and adjacent Member Agency properties and rights-of-way for the sole purpose of performing the services under this Agreement. This license and right-of-access shall run concurrently with the Agreement. Notwithstanding the foregoing, WRCOG will require its contractors performing the Services and Re-lamping Services to follow each Member Agency’s encroachment and right-of-way access procedures. In complying with these procedures, Member Agency shall not charge the contractors a fee and will not unreasonably delay or deny the contractors access to the streetlights and adjacent Member Agency properties and rights-of-way. 1.7 Member Agency understands and agrees that WRCOG intends to retain one or more contractor (or contractors) for the performance of the Services and the Re-lamping Services. WRCOG shall take all necessary steps to ensure Member Agency holds the right to enforce the terms of WRCOG’s agreement with said contractor (or contractors) as it pertains to the Services and the Re-lamping Services rendered in Member Agency’s jurisdiction. In retaining said contractor(s), WRCOG shall comply with all applicable laws, including any applicable public bidding requirements. 1.8 Insurance. WRCOG shall require that its contractors or subcontractors retained for the Services in furtherance of WRCOG’s performance of its obligations under this Agreement (“Contractor(s)”) shall procure and maintain, at their sole cost and expense during the entire term of any agreement including any extension thereof, the following minimum policies of insurance: (a) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2) Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (b) Minimum Limits of Insurance. Contractors shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence for bodily injury, personal injury and 109
4 property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to any such agreement between WRCOG and the Contractor/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $5,000,000 per accident for bodily injury or disease. (c) Professional Liability. Contractors shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Services, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $2,000,000 per claim. This insurance shall be endorsed to include contractual liability applicable to any agreement between WRCOG and the Contractor and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractors. “Covered Professional Services” as designated in the policy must specifically include work performed under such agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. (d) Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractors shall provide endorsements on forms supplied or approved by WRCOG to add the following provisions to the insurance policies: (1) General Liability. (i) Commercial General Liability Insurance must include coverage for (1) Bodily Injury and Property Damage; (2) Personal Injury/Advertising Injury; (3) Premises/Operations Liability; (4) Products/Completed Operations Liability; (5) Aggregate Limits that Apply per Project; (6) Explosion, Collapse and Underground (UCX) exclusion deleted; (7) Contractual Liability with respect to this such agreement; (8) Broad Form Property Damage; and (9) Independent Consultants Coverage. (ii) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement between WRCOG and the Contractor. (iii) The policy shall give WRCOG, its directors, officials, officers, employees, and agents insured status using ISO endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. 110
5 (iv) The additional insured coverage under the policy shall be “primary and non-contributory” and will not seek contribution from WRCOG’s or any Member Agency’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or endorsements providing the exact same coverage. (2) Automobile Liability. (i) The automobile liability policy shall be endorsed to state that: (1) WRCOG, its Member Agency, and WRCOG’s and its Member Agency’ directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractors or for which the Contractors are responsible; and (2) the insurance coverage shall be primary insurance as respects WRCOG, its Member Agency, and WRCOG’s and its Member Agency’ directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by WRCOG, its Member Agency, and WRCOG’s and its Member Agency’ directors, officials, officers, employees, agents and volunteers shall be excess of the Contractors’s insurance and shall not be called upon to contribute with it in any way. (3) Workers’ Compensation and Employers Liability Coverage. (i) Each Contractor certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under the Agreement between WRCOG and the Contractor. (ii) The insurer shall agree to waive all rights of subrogation against WRCOG, its Member Agency, and WRCOG’s and its Member Agency’ directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (4) All Coverages. (i) Defense costs shall be payable in addition to the limits set forth hereunder. 111
6 (ii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. (iii) The limits of insurance required in any agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of WRCOG and each Member Agency (if agreed to in a written contract or agreement) before WRCOG’s or any Member Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured. The umbrella/excess policy shall be provided on a “following form” basis with coverage at least as broad as provided on the underlying policy(ies). (iv) Contractors shall provide WRCOG at least thirty (30) days prior written notice of cancellation of any policy required by the agreement, except that the Contractor shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of the agreement, the Contractor shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to WRCOG at least ten (10) days prior to the effective date of cancellation or expiration. (v) The retroactive date (if any) of each policy is to be no later than the effective date of the agreement with the Contractor. Contractor shall maintain such coverage continuously for a period of at least three years after the completion of the work under the agreement. Contractor shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of the agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of the agreement. (vi) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by WRCOG, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the agreement with the contractor, including but not limited to, the provisions concerning indemnification. (vii) If at any time during the life of the agreement with the Contractor, any policy of insurance required under such agreement does not 112
7 comply with these specifications or is canceled and not replaced, WRCOG and the applicable Member Agency(ies) have the right but not the duty to obtain the insurance they deems necessary and any premium paid by WRCOG and the applicable Member Agency(ies) will be promptly reimbursed by Contractor or WRCOG (and the applicable Member Agency(ies)) will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, WRCOG may cancel the agreement with the Contractor. WRCOG may require the Contractor to provide complete copies of all insurance policies in effect for the duration of the Project. (viii) Neither WRCOG, its Member Agencies, nor WRCOG’s or its Member Agencies’ directors, officials, officers, employees or agents shall be personally responsible for any liability arising under or by virtue of the agreement with the Contractor. (e) Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to WRCOG, its Member Agency, and WRCOG’s and its Member Agency directors, officials, officers, employees, agents and volunteers. (f) Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by WRCOG. Contractor shall guarantee that, at the option of WRCOG, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. (g) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to WRCOG and the applicable Member Agency. (h) Verification of Coverage. Contractor shall furnish WRCOG and the applicable Member Agency with original certificates of insurance and endorsements effecting coverage required by the agreement with Contractor on forms satisfactory to WRCOG. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by WRCOG if requested. All certificates and endorsements must be received and approved by WRCOG before work commences. WRCOG reserves the right to require complete, certified copies of all required insurance policies, at any time. (i) Subconsultant Insurance Requirements. Contractor shall not allow any subcontractors or subconsultants to commence work on any subcontract until they 113
8 have provided evidence satisfactory to WRCOG that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, agents and volunteers as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Contractor, WRCOG may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. (j) Member Agency acknowledges and agrees that the insurance requirements under this Agreement (including those for which WRCOG is obligated) do not relieve the Member Agency of its insurance requirements required under Section 7.02 of the Lease Agreement. 1.9 Indemnification. WRCOG shall cause Contractors responsible for the performance of the Services to defend, indemnify and hold the WRCOG, its Member Agency, and WRCOG’s and its Member Agency’ officials, officers, consultants, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or the Agreement between WRCOG and the Contractor, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against WRCOG, its Member Agency, and WRCOG’s and its Member Agency’ directors, officials, officers, consultants, employees, agents or volunteers. Contractors shall pay and satisfy any judgment, award or decree that may be rendered against WRCOG, its Member Agency, and WRCOG’s and its Member Agency’ directors, officials, officers, consultants, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractors shall reimburse WRCOG, its Member Agency, and WRCOG’s and its Member Agency’ directors, officials, officers, consultants, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorney’s fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractors’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by WRCOG, its Member Agency, and WRCOG’s and its Member Agency’ directors, officials, officers, consultants, employees, agents or volunteers. WRCOG shall ensure that the indemnification survives the expiration or termination of any agreement with the Contractors. Notwithstanding the foregoing, WRCOG may include a provision in any agreement with the Contractors noting that, to the extent the Services are subject to Civil Code Section 2782.8, the indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractors. 114
9 1.10 Surety Bonds. For the Services, WRCOG shall secure from its Contractor(s), a payment and performance bond (“Surety Bond”) executed by a surety company authorized to do business in the State of California, having a financial strength rating by A.M. Best Company of “A-” or better, and otherwise satisfactory to the applicable Member Agency as a co obligee in a sum equal to the entire amount to become payable under the agreement with its Contractor(s) for the applicable Member Agency. Each bond shall be conditioned on the completion of the Services for the applicable Member Agency and upon payment of all claims of subcontractors and suppliers. WRCOG shall cause the Contractor to require the surety company to add WRCOG and BALCAP as a co obligee on each Surety Bond, and shall deliver a certified copy of each Surety Bond to WRCOG and BALCAP promptly upon receipt thereof by the Contractor. WRCOG shall promptly thereafter share a copy with the applicable Member Agency. Any proceeds from a Surety Bond shall be applied in accordance with such Surety Bond to the payment and performance of the Contractor(s)’s obligations in accordance with the related agreement(s) and, if for whatever reason such proceeds are not so applied, then first to amounts due BALCAP under Section 4.05 and 7.04 of the Lease Agreement, and any remaining amounts shall be payable to the applicable Member Agency. 2. Member Agency Payments 2.1 The Member Agency shall make all payments in the amounts and at the times as required in the Paying Agent Agreement. Payments shall be made by the Member Agency to the fund established under the Paying Agent Agreement entitled Eastvale Equipment Lease/Purchase Agreement, Account No. ___” (the “Collection Fund”) by wire transfer as follows: Wire instructions for The City of Eastvale Streetlight Acquisition & Retrofit Manufacturers & Traders Trust Company Wilmington, DE ABA #031100092 A/C #1001 Ref: City of Eastvale/WRCOG Attn: Corporate Trust 2.2 The Member Agency shall pay all Rental Payments due under the Lease Agreement to the Paying Agent (for deposit into Collection Fund and further deposit into the Rental Payment Subaccount) at the times and in the amounts required in the Paying Agent Agreement, including Annex I attached thereto (and in any event no later than required under the Lease Agreement). 2.3 The Member Agency shall pay all fees, costs or expenses due and owing to the Paying Agent under the Paying Agent Agreement including in accordance with the column titled “Paying Agent Fee Subaccount” on Annex I attached thereto, together with any past due amounts due to the Paying Agent thereunder, to the Paying Agent for deposit into the Collection Fund and for further distribution as provided in the Paying Agent Agreement. 115
10 2.4 Member Agency shall make payments in an amount sufficient to pay the amount of the administrative fees due and payable to WRCOG under this Agreement at the times and in the amounts as required by the Paying Agent Agreement and in accordance with the column titled “Administrative Fee Subaccount” on Annex I attached thereto, together with any past due administrative fee amounts owing to WRCOG, to the Paying Agent for deposit into the Collection Fund and for further distribution as provided in the Paying Agent Agreement. 2.5 Member Agency shall make payments owing with respect to Services provided by WRCOG under Section 1.1 hereof, at the times and in the amounts as required by the Paying Agent Agreement and accordance with the column titled “Annual Maintenance Subaccount” on Annex I attached to the Paying Agent Agreement, plus any amounts due and unpaid with respect to Services performed, to the Paying Agent for deposit into the Collection Fund and for further distribution as provided in the Paying Agent Agreement. 2.6 The Member Agency shall make payments for Re-lamping Services to the Paying Agent at the times and in the amounts as required by the Paying Agent Agreement and accordance with the column titled “Re-lamping Reserve Subaccount” on Annex I attached to the Paying Agent Agreement, plus any amounts due and unpaid with respect to Re-lamping Services performed, to the Paying Agent for deposit into the Collection Fund and for further distribution as provided in the Paying Agent Agreement. In the event of a deficiency in the Re-lamping Reserve Subaccount to make payment on any of amounts due for fees and costs associated with the Re-lamping Services for the Member Agency, the Member Agency shall deposit with the Paying Agent for deposit into the Collection Fund and for further distribution as provided in the Paying Agent Agreement an amount equal to the deficiency in the Re-lamping Reserve Subaccount. 2.7 The Member Agency hereby grants WRCOG the authority to provide the Paying Agent with instructions on requisitions from the Administrative Fee Subaccount, the Annual Maintenance Subaccount and the Re-lamping Reserve Subaccount. WRCOG shall maintain records of payment relating to expenditures from such funds and subaccounts and make such records available to the Member Agency upon request. 2.8 The Member Agency and WRCOG acknowledges that if insufficient funds are appropriated to make payments pursuant to the Lease Agreement or any payments required pursuant to this Agreement, the Paying Agent shall distribute funds from the Collection Fund as follows: First, deposit moneys into the Rental Payment Subaccount to exclusion of all the other subaccounts until there exists in the Rental Payment Subaccount funds sufficient to pay all Rental Payments then past due and owing plus an amount sufficient to pay all Rental Payments then due and owing plus an amount sufficient pay the sum of the Rental Payment Interest Portion plus the Rental Payment Principal Portion coming due on the next succeeding Payment Date as reflected on Annex I of the Paying Agent Agreement, plus any past due amounts and interest thereon, fees, costs, expenses and any other amounts due to Lessor under the Lease Agreement or any related agreement; Second, after all amounts required to be deposited into the Rental Payment Subaccount have been deposited in full, deposit moneys into the Paying Agent Fee Subaccount to the extent available; 116
11 Third, after all amounts required to be deposited into the Rental Payment Subaccount and the Paying Agent Fee Subaccount have been deposited in full, deposit moneys into the Administrative Fee Subaccount to the extent funds are available; Fourth, after all amounts required to be deposited into the Rental Payment Subaccount, the Paying Agent Fee Subaccount and the Administrative Fee Subaccount have been deposited in full, deposit moneys to the Annual Maintenance Subaccount to the extent available; Fifth, after all amounts required to be deposited into the Rental Payment Subaccount, the Paying Agent Fee Subaccount, the Administrative Fee Subaccount and the Annual Maintenance Subaccount have been deposited in full, deposit amounts in the Re-lamping Reserve Subaccount to the extent available. Each subaccount shall be as described in the Paying Agent Agreement. 2.9 Notwithstanding anything to the contrary herein, so long as Member Agency transmits the amounts due hereunder to the Paying Agent by the respective due dates, Member Agency’s obligation with respect to such due amounts shall be satisfied. Subject to the terms of the Lease Agreement, Member Agency shall not be liable in any way for failure or delay by the Paying Agent to transfer such amounts to the proper recipients. 3. Initial Cut-Over Process and Installation of LED Lights Upon transfer of the streetlights to the Member Agency, pursuant to the Pole Agreement, WRCOG shall coordinate and manage the cut-over process involving the removal of SCE tags and replacement with new tags for tracking purposes. WRCOG shall also coordinate and manage the retrofitting of the streetlights identified in Section 1 of this Agreement with Member Agency-approved LED luminaires. The costs associated with this process shall be paid by Member Agency as a Transition Cost or Severance Cost (each as defined in the Pole Agreement, as defined in the Lease Agreement) through disbursements (approved by BALCAP) from the escrow account established in accordance with the Escrow Agreement. 4. Emergency Maintenance WRCOG shall perform, only at the express request of the Member Agency, emergency maintenance activities for the streetlights identified in Section 1 of this Agreement. Emergency maintenance performed under the Services Agreement pursuant to this Section shall be charged to Member Agency directly on a reasonable time and materials basis. When emergency maintenance services are provided hereunder, WRCOG shall submit to Member Agency a monthly invoice by the 15th of the month immediately following the month in which the services were performed. Member Agency shall then pay said invoice in full within thirty (30) days following its receipt of the invoice. 117
12 5. Term, Termination, and Default 5.1 This Agreement shall commence on the Effective Date set forth above and continue in perpetuity unless and until otherwise modified or terminated by any Party under the terms of this Agreement. 5.2 Upon an event of non-appropriation pursuant to Section 5.3 hereof or written notice of not less than one fiscal year, either Party may terminate this Agreement without cause. Termination shall not relieve the Party of its proportionate share of any debts or other liabilities incurred under this Agreement prior to the effective date of the Party’s notice of termination. Any termination of this Agreement shall be subject to Section 9.02 of the Lease Agreement. 5.3 If any payment due from Member Agency is not received by WRCOG when due, the Member Agency shall pay an administrative late charge of five percent (5%) of the amount paid or the maximum amount permitted by law, whichever is less. Member Agency’s obligations to provide payments under this Agreement is subject to Member Agency’s annual budget process and the making of necessary budget appropriations in the fiscal year in which Member Agency would pay the obligations. In the event the governing body of the Member Agency does not make a budgetary appropriation for the payments under this Agreement for an upcoming fiscal year, Member Agency shall notify WRCOG within 5 days of such decision to not appropriate, and this Agreement shall be terminated as of the commencement on such upcoming fiscal year. 5.4 So long as this Agreement is not terminated pursuant to Section 5.3 hereof, if any payment due from Member Agency under this Agreement is not received by WRCOG within 10 days of the due date, the amount shall bear interest at 5.00% annually. The Parties agree that this late charge represents a fair and reasonable estimate of the administrative costs that WRCOG will incur by reason of a late payment by Member Agency. Acceptance of any late payment charge shall not constitute a waiver from exercising any of the other rights and remedies available to WRCOG under this Agreement, at law or in equity, including, but not limited to, any interest charges imposed herein. Furthermore, if Member Agency has not made any payment due under this Agreement within thirty (30) days following the due date, WRCOG may terminate this Agreement for cause. Termination of this Agreement by WRCOG for cause shall not relieve Member Agency of its proportionate share of any debts or other liabilities incurred under this Agreement prior to the effective date of the WRCOG’s notice of termination. 6. Environmental Review WRCOG shall be the lead agency under the California Environmental Quality Act for any environmental review that may be required under this Agreement. 7. Cooperative Effort Member Agency shall cooperate with WRCOG by providing information and other assistance in order for WRCOG to meet its obligations hereunder. 118
13 8. Miscellaneous Provisions 8.1 Notice. Any and all communications and/or notices in connection with this Agreement shall be either hand-delivered or sent by United States first class mail, postage prepaid, and addressed as follows: WRCOG: Western Riverside Council of Governments 4080 Lemon Street, 3rd Floor. MS1032 Riverside, CA 92501-3609 Att: Executive Director MEMBER AGENCY: City of Eastvale 12363 Limonite Ave. Suite 910 Eastvale, CA 91752 Attn: City Manager 8.2 Entire Agreement. This Agreement, together with the JPA and WRCOG By-laws, constitutes the entire agreement among the Parties. This Agreement supersedes any and all other agreements, either oral or in writing, among the Parties with respect to the subject matter hereof and contains all of the covenants and agreements among them with respect to said matters, and each Party acknowledges that no representation, inducement, promise of agreement, oral or otherwise, has been made by the other Party or anyone acting on behalf of the other Party that is not embodied herein. 8.3 Successors and Assigns. This Agreement and each of its covenants and conditions shall be binding on and shall inure to the benefit of the Parties and their respective successors and assigns. A Party may only assign or transfer its rights and obligations under this Agreement with prior written approval of the other Party, which approval shall not be unreasonably withheld. 8.4 Attorney’s Fees. If any action at law or equity, including any action for declaratory relief is brought to enforce or interpret the provisions of this Agreement, each Party to the litigation shall bear its own attorney’s fees and costs. 8.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, as applicable. Venue shall be in Riverside County. 8.6 No Third Party Beneficiaries. This Agreement shall not create any right or interest in the public, or any member thereof, as a third party beneficiary hereof, nor shall it authorize anyone not a Party to this Agreement to maintain a suit for personal injuries or property damages under the provisions of this Agreement. The duties, obligations, and responsibilities of the Parties to this Agreement with respect to third party beneficiaries shall remain as imposed under existing state and federal law. 119
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EXHIBIT A TO IMPLEMENTATION AGREEMENT See Exhibit A to Equipment Lease/Purchase Agreement 122
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PLACEHOLDER
[PLACEHOLDER] : (ii) Exhibit “A” to Appendix #1-Equipment Specifications [Post Closing] 142
PLACEHOLDER
[PLACEHOLDER] : (iii) Exhibit “B” to Appendix #1-Delivery Schedule [Post Closing] 143
Appendix 1 – Eastvale – Exhibit C
EXHIBIT “C” FEE SCHEDULE
*Quantity of fixtures and total price subject to change per Final True-up performed by SCE’s Inventory and Inspection Period and final count of City-owned lights that City’s would like to add to the project. **Unit price set at a Not-to-Exceed price unless otherwise approved by WRCOG representative. Does not include price of Photocell. ***Tax rate subject to change per jurisdiction. ***
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1 AMENDED AND RESTATED WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Amended and Restated Agreement is made and entered into this 27 day of March, 2018 (“Effective Date”), by and between the Western Riverside Council of Governments, a California public agency (“WRCOG”) and SIEMENS INDUSTRY INC., INTELLIGENT TRAFFIC SYSTEMS (“Consultant”). WRCOG and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. DEFINITIONS, INCORPORATED DOCUMENTS, AND RECITALS. 2.1 Original Agreement On or about December 18, 2017, the Parties entered into that certain Professional Services Agreement for professional services for the Project (as defined herein) (“Original Agreement”). Parties now desire to amend and restate the Original Agreement to include additional language requested by the lender to the Member Agencies (as defined herein) consistent with that Equipment Lease/Purchase Agreement entered into between each Member Agency and Banc of America Leasing & Capital, LLC (together with its successors and assigns, “Lessor”) in order to finance the acquisition, installation and retrofitting of streetlights within the Member Agency’s jurisdiction (as amended, the “Lease Agreement”). The Parties expressly hereby agree that the Lease Agreement is not being incorporated into this Agreement and shall not be deemed a part of this Agreement. 2.2 Member Agency. “Member Agency” means any and all member agencies participating in WRCOG’s street light program in accordance with an Implementation Agreement. The following local agencies are Member Agencies for the purposes of this Agreement: • City of Eastvale • City of Hemet • Jurupa Community Services District • City of Lake Elsinore • City of Menifee • City of Moreno Valley • City of Murrieta • City of Perris • City of San Jacinto • City of Temecula • City of Wildomar 2.3 Incorporated Documents. 2.3.1 Request for Proposal. The Request for Proposal No. 17-04 (“RFP”) issued by WRCOG on March 10, 2017 and the Consultant’s response to the RFP dated May 11, 2017 are incorporated herein by this reference. 145
2 2.3.2 Appendices and Exhibits. Each Member Agency shall execute its own Appendix, which shall cover the following for that Member Agency: Scope of Services (Exhibit A), Schedule of Services (Exhibit B), and Compensation (Exhibit C). The following Appendices, including their Exhibits, are attached hereto and incorporated herein by this reference: • Appendix 1 – City of Eastvale • Appendix 2 – City of Hemet • Appendix 3 – Jurupa Community Services District • Appendix 4 – City of Lake Elsinore • Appendix 5 – City of Menifee • Appendix 6 – City of Moreno Valley • Appendix 7 – City of Murrieta • Appendix 8 – City of Perris • Appendix 9 – City of San Jacinto • Appendix 10 – City of Temecula • Appendix 11 – City of Wildomar 2.4 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by WRCOG and its Member Agencies on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing LED street light installation and ongoing operations and maintenance of street light systems, is licensed in the State of California, and is familiar with the plans of WRCOG and its Member Agencies. 2.5 Project. WRCOG desires to engage Consultant to render such professional services for the installation of LED street lights and the ongoing operations and maintenance of the street light systems for Member Agencies. (“Project”) as set forth in this Agreement and the RFP. 3. TERMS. 3.1 Scope of Services and Term. 146
3 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to WRCOG and the applicable Member Agencies all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform LED street light installation and ongoing operations and maintenance of street light systems necessary for the Project (“Services”). The Services are more particularly described in the RFP and in Exhibit “A” to each Appendix attached hereto and incorporated herein by reference, and which are stated in the proposal to WRCOG and approved by WRCOG’s Executive Committee. All Services shall be subject to, and performed in accordance with, this Agreement, the appendices and exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from the Effective Date to December 1, 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. WRCOG shall have the option to extend the term of this Agreement for two (2) additional one (1) year periods (“Option Term”) by notifying Consultant in writing prior to the end of the term of this Agreement, or any then-current Option Term, of its election to so exercise its option. The Option Term may be exercised by WRCOG on behalf of all or any number of Member Agencies, subject to prior written approval from the relevant Member Agency with respect to the extension of its respective Appendix. Compensation for work during any Option Term shall be at the rates set forth in Exhibit “C”, but otherwise all other terms and obligations of this Agreement shall continue to apply during any Option Term. 3.1.3 Assignability of Agreement. WRCOG reserves the right to assign this Agreement to other entities, subject to prior written approval from the relevant Member Agency with respect to an assignment of its respective Appendix. Assignment(s) will be subject to the same terms and conditions included in this Agreement. Other entities shall negotiate the pricing for the Services and supplies with the Consultant and include necessary provisions for management of their specific projects. WRCOG shall have no responsibility for the Consultant’s performance under any assignments. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. WRCOG retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of WRCOG or any Member Agency and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 147
4 3.2.2 Schedule of Services. Consultant shall perform the Services for WRCOG and the applicable Member Agencies expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” to each Appendix attached hereto and incorporated herein by reference. Consultant understands and agrees that in the event that the schedule for delivery of Services to any Member Agency, as identified in Exhibit “B” to any Appendix, is delayed, for any reason whatsoever including through the fault of WRCOG or the Member Agency, the delay shall not be used as a reason for delay on the part of the Contractor in meeting the schedule for delivery of Services to any other Member Agency. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, WRCOG and the applicable Member Agency shall respond to Consultant’s submittals in a timely manner. Upon request of WRCOG or any Member Agency, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of WRCOG and the applicable Member Agency. 3.2.4 Substitution of Key Personnel. Consultant has represented to WRCOG that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of WRCOG. In the event that WRCOG and Consultant cannot agree as to the substitution of key personnel, WRCOG shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to WRCOG, or who are determined by the WRCOG to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the WRCOG. The key personnel for performance of this Agreement are as follows: Alex Valenti, Bryan Berlin, Candace Gallaher, Michael Hutchens and Steven Teal. 3.2.5 WRCOG’s Representative. WRCOG hereby designates Rick Bishop, or his or her designee, to act as its representative for the performance of this Agreement (“WRCOG’s Representative”). WRCOG’s Representative shall have the power to act on behalf of WRCOG for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than WRCOG’s Representative or his or her designee. 3.2.6 Consultant’s Representative. Consultant hereby designates Steven Teal, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 148
5 3.2.7 Coordination of Services. Consultant agrees to work closely with WRCOG staff in the performance of Services and shall be available to WRCOG’s staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from WRCOG or any Member Agency, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by WRCOG or the applicable Member Agency to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to WRCOG or the applicable Member Agency, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to WRCOG, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold WRCOG, its Member Agencies, and WRCOG’s and the Member Agencies’ officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence the Services under this Agreement until it has provided evidence satisfactory to WRCOG that it has secured all insurance required under this section, in a form and with insurance companies acceptable to WRCOG. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to WRCOG that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to 149
6 persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2) Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $5,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Services, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $2,000,000 per claim. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by WRCOG to add the following provisions to the insurance policies: (A) General Liability. (i) Commercial General Liability Insurance must include coverage for (1) Bodily Injury and Property Damage; (2) Personal Injury/Advertising Injury; (3) Premises/Operations Liability; (4) Products/Completed Operations Liability; (5) Aggregate Limits that Apply per Project; (6) Explosion, Collapse and Underground (UCX) exclusion deleted; (7) Contractual Liability with respect to this Agreement; (8) Broad Form Property Damage; and (9) Independent Consultants Coverage. 150
7 (ii) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. (iii) The policy shall give WRCOG, its directors, officials, officers, employees, and agents insured status using ISO endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (iv) The additional insured coverage under the policy shall be “primary and non-contributory” and will not seek contribution from WRCOG’s or any Member Agency’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or endorsements providing the exact same coverage. (B) Automobile Liability. (i) The automobile liability policy shall be endorsed to state that: (1) WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability Coverage. (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) The insurer shall agree to waive all rights of subrogation against WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. (i) Defense costs shall be payable in addition to the limits set forth hereunder. 151
8 (ii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. (iii) The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of WRCOG and each Member Agency (if agreed to in a written contract or agreement) before WRCOG’s or any Member Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured. The umbrella/excess policy shall be provided on a “following form” basis with coverage at least as broad as provided on the underlying policy(ies). (iv) Consultant shall provide WRCOG at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to WRCOG at least ten (10) days prior to the effective date of cancellation or expiration. (v) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (vi) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by WRCOG, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (vii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, WRCOG and its Member Agencies have the right but not the duty to obtain the insurance they deems necessary and any premium paid by WRCOG and its Member Agencies will be promptly reimbursed by Consultant or WRCOG (and the applicable Member Agency) will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, WRCOG may cancel this Agreement. WRCOG may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (viii) Neither WRCOG, its Member Agencies, nor WRCOG’s or its Member Agencies’ directors, officials, officers, employees or agents shall be personally responsible for any liability arising under or by virtue of this Agreement. 152
9 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by WRCOG. Consultant shall guarantee that, at the option of WRCOG, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to WRCOG and each Member Agency. 3.2.10.8 Verification of Coverage. Consultant shall furnish WRCOG and each Member Agency with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to WRCOG. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by WRCOG if requested. All certificates and endorsements must be received and approved by WRCOG before work commences. WRCOG reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.10.9 Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to WRCOG that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, agents and volunteers as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, WRCOG may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or 153
10 injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.12 Surety Bonds. Consultant shall provide each Member Agency with a payment and performance bond (“Surety Bond”) executed by a surety company authorized to do business in the State, having a financial strength rating by A.M. Best Company of “A-” or better, and otherwise satisfactory to the Member Agency and naming the Member Agency as a co-obligee in a sum equal to the entire amount to become payable under the Appendix to this Agreement applicable to the Member Agency. Each bond shall be conditioned on the completion of the Services for that Member Agency and upon payment of all claims of subconsultants and suppliers. Consultant shall cause the surety company to add WRCOG and Banc of America Leasing & Capital LLC as a co-obligee on each Surety Bond, and shall deliver a certified copy of each Surety Bond to WRCOG and Banc of America Leasing & Capital LLC promptly upon receipt thereof by Consultant. Any proceeds from a Surety Bond shall be applied in accordance with such Surety Bond to the payment and performance of the Consultant’s obligations in accordance with this Agreement and all Appendices and, if for whatever reason such proceeds are not so applied, then first to amounts due Lessor (as defined in the Lease Agreement) pursuant to Section 4.05 and 7.04 of the Lease Agreement, and any remaining amounts shall be payable to Lessee (as defined in the Lease Agreement). 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” to each Appendix attached hereto and incorporated herein by reference. The total compensation shall not exceed Five Million Nine Hundred Thirteen Thousand Seventy-Three Dollars ($5,913,073) over a five year contract period without written approval of WRCOG’s Executive Director and the applicable Member Agency. Extra Work may be authorized, as described below; and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to WRCOG a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. At a minimum, Consultant shall provide a statement with sufficient detail to enable WRCOG or the Member Agency to make payment to Consultant from the appropriate account in accordance with the Paying Agent Agreement (as defined in the Lease Agreement) and/or Escrow Agreement (as defined in the Lease Agreement), as applicable (i.e., retrofit specific costs to be identified separately from other Services under this Agreement). WRCOG shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by WRCOG. 3.3.4 Extra Work. At any time during the term of this Agreement, WRCOG may request that Consultant perform Extra Work. As used herein, “Extra Work” means any 154
11 work which is determined by WRCOG to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from WRCOG’s Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. WRCOG shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of WRCOG or any applicable Member Agency during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. WRCOG may, subject to prior written approval from the relevant Member Agency and by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. In addition, each Member Agency may, by written notice to WRCOG and Consultant, terminate its Appendix to this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to WRCOG or the applicable Member Agency, and Consultant shall be 155
12 entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, WRCOG may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, WRCOG and its Member Agencies may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: 9225 Bee Cave Road, Building B, Suite 101 Austin, TX 78733 Attn: Steven Teal Facsimile: (512) 421-6617 WRCOG: Western Riverside Council of Governments 4080 Lemon Street, 3rd Floor, MS 1032 Riverside, CA 92501 Attn: Rick Bishop Facsimile: (951) 787-7991 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid 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. 3.5.3 Inspection of Installation Data and Maintenance Records. 3.5.3.1 During the course of this Agreement, and upon reasonable advance notice and during normal business hours, WRCOG and its Member Agencies may inspect and examine the installation data and maintenance records specifically created or collected by Consultant under this Agreement. Upon termination or expiration of this Agreement, Consultant will provide to WRCOG and its Member Agencies the installation data and maintenance records specifically created or collected by Consultant under this Agreement. The installation data and maintenance records shall include all final installation data, customer service reports and inquiry activity, and maintenance records, but shall not be deemed to include any proprietary, confidential, or protected information, programs, platforms, and/or materials of Consultant. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in 156
13 connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of WRCOG and the relevant Member Agency, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use WRCOG’s or any Member Agency’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of WRCOG or the applicable Member Agency. 3.5.3.3 Infringement Indemnification. Consultant shall defend, indemnify and hold WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by WRCOG or any Member Agency of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, 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 attorney’s fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ officials, officers, consultants, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. Consultant shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, consultants, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, consultants, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, consultants, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys fees, incurred by each of them in connection therewith or in 157
14 enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, consultants, employees, agents or volunteers. This section shall survive any expiration or termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Right to Employ Other Consultants. WRCOG reserves the right for itself and its Member Agencies to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of WRCOG, subject to prior written approval from each applicable Member Agency to the extent such assignment, hypothecation or transfer could impact such Member Agency’s Appendix. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to WRCOG include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. All references to Member Agencies include their elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 158
15 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties, subject to prior written approval from each applicable Member Agency to the extent such supplement, modification, or amendment impacts such Member Agency’s Appendix. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties with the exception of the Member Agencies, which are expressly considered to be third party beneficiaries and are entitled to enforce any and all rights and remedies held by the Member Agency itself or by WRCOG under this Agreement. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, WRCOG shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of WRCOG, during the term of his or her service with WRCOG, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of any WRCOG’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party 159
16 warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of WRCOG, subject to prior written approval from the applicable Member Agency to the extent such work relates to such Member Agency’s Appendix. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON FOLLOWING PAGE] 160
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Appendix 1 – Eastvale – Exhibit A
EXHIBIT “A” SCOPE OF SERVICES Siemens Intelligent Traffic System proposes the following scope of work for services related to the street lights located in the Western Riverside Council of Governments (WRCOG) subregion. These services include the turnkey services related to installation of LED street lights and the ongoing operations and maintenance of the street light systems for member jurisdictions. These services are extended to the street lights currently owned by the member jurisdictions, those to be purchased from Southern California Edison and any additional assets that are installed within the contract period. Siemens extends this contract for 5 years for date of execution, with the option for additional extension if agreed upon by all parties. All services included in the Scope of Services will be billed per the rates outlined in Exhibit C. Project Development The Project Development phase includes several key elements that must take place for member jurisdictions to effectively acquire street lights from Southern California Edison (SCE), efficiently convert to LED technology and begin operating and maintaining the system. 1. SCE Coordination- Facilitate the “Cut-Over” Process with SCE Siemens will assist WRCOG and member jurisdictions in communication and scheduling with Southern California Edison representatives during the acquisition phase. Siemens will coordinate the development of an agreed upon schedule and geographic plan for the associated field work and cutover of assets from SCE to member jurisdictions. Specific scope includes: • Participation in SCE calls • Develop cut over schedule and work flow with SCE subcontractors • Provide review of “fielding” data from SCE and associated subcontractors • Update Street light database to include new street lights previously not included in valuations and other associated data corrections/modification/additions. • Track billing adjustments from SCE as street lights are acquired • Support WRCOG and its member jurisdictions with the Inventory, Inspection and Transition Activities as identified in the City’s Purchase and Sales Agreement (Agreement) with SCE • 2. Street light pole tagging and field verification Siemens will install street light pole tags during the installation of the LED street light fixture. The tags will either be furnished by WRCOG, member jurisdiction or by Siemens. The associated pole tags will be designed and approved with jurisdiction/regional street light numbering sequence by WRCOG and/or jurisdiction staff. Siemens will install pole tags and update the web based WRCOG database of information for each pole, referencing the associated pole number. Siemens will verify street light asset attributes during the LED installation utilizing the web based WRCOG database. The information to be reaffirmed in the database upon conversion shall 164
Appendix 1 – Eastvale – Exhibit A
include condition of asset, GPS coordinates for each asset, pole type, pole height, arm length, luminaire type, wattage, lamp type, voltage, general pole condition, service feed type: overhead or underground, city and SCE pole structure number (in the case the numbers are different) and description of point of demarcation between jurisdiction and SCE facilities. 3. Procurement Support- LED Material Selection and Design (optional) Siemens can provide support in the process of selecting and procuring fixtures for the project and provide recommendations to the City for final approval. This service includes identifying material vendors, soliciting proposals from vendors and performing a detailed evaluation of material proposals submitted. Fixture selection is typically based on a variety of factors that ultimately will lead to identification of the best solution for the customer. Some of the factors considered are: • Fixture efficiency • Demonstrated durability • Material cost • Availability/production lead times • Design functionality • SCE rebate eligibility • Life-cycle cost Concurrent with the evaluation of fixture alternatives, Siemens can provide additional design support. This includes evaluating basic standard lighting configurations which exist on various street types throughout a jurisdiction. This includes reviewing current existing light levels, performing photometric analysis and recommended replacement fixture standards to apply throughout the conversion process. The process of ordering and staging replacement LED fixtures will be greatly aided by establishing these conventions. These services will be billed at a time and material basis per the labor rates outlined in Exhibit C. In the event that Siemens provides procurement services, Siemens will waive the fees associated with this service. Project Implementation The implementation phase addresses the various tasks needed to convert each newly acquired street light with a suitable LED fixture and process all data, billing and rebate applications. Siemens will develop a City specific project plan which will include pre-construction meetings, staging of material, installation, and other acquisition and retrofit project milestones. 1. Procurement Support- LED Material Purchasing (optional) Siemens can direct purchase associated material for the project as approved by the WRCOG and member jurisdiction. This procurement support extends to all associated materials, such as LED fixtures, photocells, pole tags, lighting controls, poles, mast arms and all other associated street light system components. Siemens can receive, warehouse and manage all material prior to installation and process all warranty information with manufacturers as needed. Warranty 165
Appendix 1 – Eastvale – Exhibit A
information will be retained by Siemens with appropriate copies provided to the member jurisdiction for future use. 2. LED Fixture Installation Siemens will coordinate and complete all aspects of the conversion of HID fixtures to LED fixtures. This includes coordinating with WRCOG staff regarding procurement, receiving materials at a jurisdiction facility during typical working hours, providing equipment and labor for the complete installation of LED fixture and associated materials and field update of WRCOG provided web based GIS database. Prior to beginning conversion efforts, Siemens will coordinate all traffic control requirements with the member jurisdiction to gain approval for approved methods for various street configurations, including allowable working hours on arterials, in commercial areas and in residential neighborhoods. MUTCD standards will be adhered to. Installation progress will be tracked on a daily basis by the project’s Siemens Field Supervisor and Project Manager, and a brief status report that includes project status and any current issues will be provided to WRCOG and the jurisdiction on a weekly basis. 3. House Side Shield Installation Siemens will install manufacturer approved house-side shields on LED street lights, as instructed by member jurisdiction. All requests for shields will be reviewed and approved by member jurisdiction staff prior to installation. Siemens can collaborate with member jurisdiction on specific strategies for implementing house side shields during the LED conversion. Siemens will install house-side shield on up to 10% of new LED street lights upon request, within the first year. Full cost of material and labor included in retrofit costs. Siemens recommends that house side shields for LEDs be installed at sites where HPS fixtures currently have them. The like-for-like replacement can increase customer satisfaction and reduce the amount of visits to the same location. 4. HID Fixture Disposal Siemens will be responsible for all fixture disposal and recycling. Disposal of existing luminaries and any other discarded materials will follow all applicable California Recycle and Disposal Laws. Siemens will produce a recycling plan, to be approved by the member jurisdiction. Following disposal, a manifest of disposal will be provided to the member jurisdiction, that specifies what was recycled, what was sent to the landfill, and how hazardous material was disposed of. Siemens reserves the right to select disposal and recycling firms. This includes use of approved bins and locations for temporary holding locations of fixtures, etc. All disposal costs, fees, etc. are included in the retrofit costs. 5. Record Documents Following the completion of the implementation phase and City acceptance, Siemens will generate project close out documentation. This includes (but is not limited to) the following:
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Appendix 1 – Eastvale – Exhibit A
• Final Installation Data • A summary report of the LED installation database information updated throughout the installation. This is based on the WRCOG provided web based database. • As-built documentation (as-needed) • As-built schedule of the project and a comparison of the actual installation vs. the • scheduled baseline. • A summary of any scope changes that occurred Siemens will prepare and submit the final rebate documentation to the utility. In addition, Siemens will verify that the billing rate change has been submitted and accepted, and that the utility bill is correct. Once the rebate is secured, the billing is verified then a final project closeout report will be generated. This will consist of a complete inventory database of the installed system with GIS locations and attributed of the LED street light system. Furthermore, this report will also include the final results of the rebate allocation, the energy savings to date and the final estimated energy savings for future years, summarizing the final results of the project. Maintenance Phase This phase will begin once a member jurisdiction pays SCE for a group of assets. This will be done in phases to be determined by SCE, the City and Siemens. The maintenance phase will transition from initial maintenance of the existing poles with HID fixtures to maintenance of existing poles with new LED fixtures as the project progresses. Siemens will provide maintenance services for all fixtures acquired by the City from SCE and provide a monthly bill prorating the fixtures acquired throughout the previous month, by technology and fixture type. General Maintenance will consist of all operations and repairs starting at the pull box or bottom of street light pole where the fuse holder or secondary power source necessary to keep all street lights operations, and associated wiring within the street light circuit. 1. Customer Service Siemens will develop and implement a customer service portal for each member jurisdiction to effectively manage all incoming street light inquiries from public and from the member jurisdiction. General customer services include: • 24/7 telephone and web based reporting service • Web portal access for member jurisdiction and designated representatives • Quarterly reporting/summaries of customer inquiry activity • Customer service feedback survey 167
Appendix 1 – Eastvale – Exhibit A
2. Routine Street light Maintenance Duties A base monthly fee is established for maintenance of the street light system on a per month, per light basis. Siemens will respond to standard maintenance calls within 5 working days. The fee will reflect the total number of lights being served along with and adjustments for special fixtures/poles. Routine Maintenance tasks include but are not limited to: • RMA of LED Fixture (Shipping and handling) • Warranty management of defective LEDs • Traffic Control • General Cleaning During Call Out • Outage Nights Checks • Photocell Replacement • Fuse Replacement • Fuse Holders Replacement • Hand Hole Covers (up to 0.05% of stock, annually) • False Calls The fee is expected to be all inclusive, with the sole exceptions being those items identified in the extraordinary maintenance section. Annual services include: • System problem assessment/diagnostics • Repair and replacement of damaged/inoperable fixture material o For HID fixtures this can include repair or replacement of constituent parts. Such as lamps, ballasts, starters, reflectors, diffusers, etc. o For LED fixtures this can include repair or replacement of constituent parts. Such as drivers, lenses, and LED arrays. Typically LED fixtures will be covered under warranty and will be processed accordingly. • Photocell repair and maintenance • Hand hole cover replacement of standard hand hole covers. Limited to 0.05% of stock annually. • Coordination with 3rd party attachment licensees • Quarterly review of system operation (night check) • General cleaning of fixture during maintenance call out • Customer service portal operations • LED fixture warranty processing • 3. Extraordinary Street light Maintenance Duties Siemens recognizes that there will be situations that can and will occur during the maintenance phase of the project that are best addressed individually based on the actual occurrence and not covered under a monthly fixture price. Items such as accidents resulting in the street lights being damaged and replaced or the need for specialized shielding devices are expected to 168
Appendix 1 – Eastvale – Exhibit A
occur, though the frequency may vary considerably. These items are being defined as extraordinary maintenance and not included in the base monthly fee for standard maintenance. The following items have specifically been identified as extraordinary maintenance: • 24/7 emergency response and securing field location for basic public safety. This would typically include pushing pole out of the right-of-way or from private property, taping off the area of the debris, capping/taping live wires, checking street light circuit and documenting all work activities for insurance purposes. • Pole knockdown repair. Services can include: o removal of all associated spoils and debris from original installation o installation of new street light pole and associated system components o installation of associated foundation o Adjacent concrete repair/cap replacement • House side shield installation (if occurs after year one) • Overhead wiring replacement • Pole graffiti abatement • Pole painting • USA Dig Alert services 169
Appendix 1 – Eastvale – Exhibit B
EXHIBIT “B” SCHEDULE OF SERVICES Streetlight Timeline Acquisition Process SCE sends to CPUC CPUC approval date Est. Financial Closing SCE Transition Start Phase 1 Transition (retrofit start) Phase 2 (if needed) Phase 3 (if needed) Phase 4 (if needed) Retrofit, O&M, LED fixture, and financing GOALS Retrofit, O&M service selection GOAL Finance Closing and LED selection GOAL LED fixture delivery date GOAL Eastvale
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Appendix 1 – Eastvale – Exhibit C
EXHIBIT “C” COMPENSATION BILLING RATES Item Description Unit Cost Project Development 1 Street light pole ID tag
This includes the labor for installation of a unique pole ID tag for each pole. Pole tags will be affixed to poles with an adhesive, no riveting or drilling will be performed. The pole tags will be installed at the same time as the LED fixture conversion. $10.00/pole Project Implementation
2 LED replacement Cobra head
This includes the costs for labor, equipment (trucks, lifts, tools, traffic control, etc.) and materials needed to replace existing cobra head fixtures with a new LED fixture. Includes update of WRCOG database with model number installed and installation date. This also included the cost for disposal of HID materials. $57.00/ Each
3 LED replacement Decorative
This includes the costs for labor, equipment (trucks, lifts, tools, traffic control, etc.) and materials needed to replace existing post top fixtures with a new LED fixture. Includes update of database with model number installed and installation date. The cost per pole shall not include the cost of the actual fixture. $114.00/ Each
4 House side shield installation As Separate call
This includes the costs for installation only of new house side shields including labor, equipment (trucks, tools, etc.) and incidental materials needed for the installation. Includes update of database. The cost does not include the cost of the shield itself. $64.00/ Each Routine Maintenance- Pre-LED Conversion
5 HPS Fixture Maintenance – Cobra (labor, materials, equipment) This includes the monthly costs for maintenance of all HPS cobra head fixtures during the period from acquisition of poles through retrofit with new LED fixture. Costs include all labor, materials and equipment needed to keep the existing fixtures functioning properly until the new LED fixtures are installed. This includes all anticipated costs for repairs and maintenance during that time including bulb $1.55/ each/month
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Appendix 1 – Eastvale – Exhibit C
replacements, ballast replacements, field calls etc. as assumed and prorated across the HPS inventory. 6 HPS Fixture Maintenance – Post Top Acorn (labor, materials, equipment) This includes the monthly costs for maintenance of all HPS post top fixtures during the period from acquisition of poles through retrofit with new LED fixture. Costs include all labor, materials and equipment needed to keep the existing fixtures functioning properly until the new LED fixtures are installed. This includes all anticipated costs for repairs and maintenance during that time including bulb replacements, ballast replacements, field calls etc. as assumed and prorated across the HPS inventory. $3.50/ each/month
7 HPS House side shield installation (labor, materials, equipment) This includes the cost for each HPS house side shield installation that may be requested during the pre-retrofit stage. Costs include all labor, equipment and materials including the cost of the shield. These would be billed on an individual basis (not monthly or per pole being maintained). $64.00/ Each
Maintenance- Post LED Conversion
8 LED Fixture Maintenance Cobra head This includes the cost for all regular maintenance and associated tasks to maintain the cobrahead fixtures in the street light system. Detailed scope is included in the Part 1. Scope of Work document above. $0.65/ each/month 9 LED Fixture Maintenance Decorative This includes the cost for all regular maintenance and associated tasks to maintain the post top fixtures in the street light system. Detailed scope is included in the Part 1. Scope of Work document above. $2.00/ each/month 10 LED Replacement Cobra head
This includes the costs for labor, equipment (trucks, lifts, tools, traffic control, etc.) and materials needed to replace existing cobra head fixtures with a new LED fixture. Includes update of WRCOG database with model number installed and installation date. This also included the cost for disposal of HID materials. $57.00/ Each
11 LED Replacement Decorative
This includes the costs for labor, equipment (trucks, lifts, tools, traffic control, etc.) and materials needed to replace existing post top fixtures with a new LED fixture. Includes update of database with model number installed and installation date. The cost per pole shall not include the cost of the actual fixture. $114.00/ Each
12 House side shield This includes the costs associated with the installation of a house side shield on a LED fixture $64.00/ Each 172
Appendix 1 – Eastvale – Exhibit C
installation excluding the cost of the actual shield. The costs should include labor, equipment, tools and incidental materials needed to complete a standard installation. This assumes a standard cobra head style fixture and a factory standard shield available for purchase (does not include custom installations and decorative fixtures). Extraordinary Maintenance (Reference pricing only- this scope will be quoted on time and material basis) 13 Knockdown pole replacement No foundation
This includes the costs associated with the replacement of an entire street light pole, luminaire arm, fixture and wiring typically associated with a street light knockdown that does not require replacement of the foundation. This is based on the following assumptions: a 30 foot, marbelite pole with a standard 150 watt equivalent LED cobra head fixture. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process. These repairs will not be completed as part of an initial emergency response. Costs are based on a single replacement with work completed during normal work hours scheduled within the requested repair interval. $4,600.00/ Each
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Appendix 1 – Eastvale – Exhibit C
14 Knockdown pole replacement with foundation
This includes the costs associated with the replacement of an entire street light pole, luminaire arm, fixture and wiring typically associated with a street light knockdown that does require replacement of the foundation. This is based on the following assumptions: a 30 foot, marbelite pole with a standard 150 watt equivalent LED cobra head fixture. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process. These repairs will not be completed as part of an initial emergency response. Costs are based on a single replacement with work completed during normal work hours scheduled within the requested repair interval. $6,925.00/ Each
15 Pull box lid replacement This includes the cost of labor, materials and equipment to purchase, supply and replace a pull box lid with a fiberlyte lid due to damage or missing lid. $165.00/ Each 16 Pole graffiti abatement
This includes the estimated cost per pole to remove or cover reported graffiti. Costs include labor, equipment and materials needed to complete each individual abatement assuming time required to abate graffiti is less than 30 minutes. Work limited to under 4SF and/or lower than 7ft. $65.00/ Each
17 Overhead wiring replacement
Total cost to repair or replace damaged overhead wiring. Cost provided per foot of wire being replaced. Costs include labor, equipment and materials to complete the repair during normal working hours. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process. $15/foot, or lump sum as quoted
18 Pole painting This includes the costs on a per occurrence (per pole) basis for all labor, equipment and materials needed to prep and paint a standard metal street light pole (assume 30 foot). It is assumed that a minimum of 5 $479.00/ Each 174
Appendix 1 – Eastvale – Exhibit C
poles and a maximum of 20 poles would be scheduled for painting as a group. 19 USA Dig Alert Siemens typically prices this service out on a per occurrence basis. This includes the following: Siemens technician identifies the point of demarcation on site using field equipment. This is typically limited to approximately 100-150 linear ft per call out. $225.00/ Each
Siemens will evaluate maintenance contract values annually and discuss any needed adjustments with member jurisdictions. Siemens typically utilizes the US Consumer Price Index to calculate annual escalations. Schedule of Values- Time and Material Rates 1. Labor Regular Time* Overtime* Premium Time* Maintenance Superintendent $105.00 $135.00 $160.00 Foreman $105.00 $135.00 $160.00 Electrician $98.00 $125.00 $145.00 Laborer $85.00 $115.00 $135.00 Energy Engineer $180.00 N/A N/A 2. Equipment Rate per Hour Bucket Truck $28.00 Service Truck $25.00 3. Material Mark up (from actual invoice cost) Street light LED Retrofit Installation Materials 15% Street light Maintenance Materials 15% * Work hours are as follows: o Regular Hours – 7:30am to 4:00pm Monday Thru Friday except Holidays o Overtime 1. Monday thru Friday after 4:00pm (for the first four hours) 2. Saturday for the first 12 hours worked o Premium Time 1. Monday thru Saturday After 12 working hours 2. Sunday & Holidays all day (24 hours) 175
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.7
January 10, 2024
Acceptance of Public Improvements of Parcel Map 37635 the Transwestern Project, TDC Remington Partners, LLC - Along Limonite Avenue West of Cucamonga Creek, South of Remington Avenue
Prepared By:
Jimmy Chung, Public Works Director/ City Engineer
Recommended Action(s)
Staff recommends that the City Council adopt Resolu on 24-XX, accep ng as complete the Public Improvements for Parcel Map 37635 (Transwestern PW19-11322).
Summary
The City’s Public Works staff completed inspec ons of the public improvements and is recommending that improvements be accepted at this me. The public improvements include but are not limited to, asphalt pavement, curb, gu5er, sidewalk, landscaping, street lights, u li es and other drainage facilities.
Background
TDC Remington Partners, LLC, completed the project in 2022 and worked with Public Works staff on the items necessary for project closeout. Public Works staff completed their final inspec on August 8, 2023, and found all improvements meet the City standards. The public improvements include but are not limited to, asphalt pavement, curb, gu5er, sidewalk, landscaping, street lights, u li es and other drainage facilities.
Upon acceptance, the improvements will automa cally enter into a one-year warranty period as 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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required by the Subdivision Improvement Agreement. The City of Eastvale (security holder) will exonerate the remaining improvement securi es related to this project in accordance with the Subdivision Improvement Agreement as follows, provided that the developer pays any outstanding accounts receivable prior to Council acceptance:
Parcel Map 37635
Security to be Exonerated
Amount
Time of Release
Date
Faithful Performance Security
$603,804.00
After Council Acceptance
January 10,
2024
Labor & Material (Payment)
Security
$113,271.00
180 Days After Council
Acceptance provided no claims
have been filed.
July, 2024
Warranty Security
$ 67,800
365 Days after Council
Acceptance; provided that all
warranty issues are satisfied.
January, 2025
The developer has met all of the Conditions of Approval, except for one, which is to annex into a CFD for the offsite maintenance costs. As the current use of the property by the owner and tenant is under a Temporary Cer ficate of Occupancy(TCO), the City has the authority to rescind the TCO if the owner/developer does not annex into the CFD that is currently under establishment by the City.
Environmental
Parcel Map 37635 was previously evaluated in accordance with the California Environmental Quality Act (CEQA). This tract has been constructed and the improvements associated with Parcel Map 37635 do not require any additional environmental analysis or determination.
Strategic Plan Action - Priority Level: 1A
| Target #: 3
| Goal #: 3
Create value-added development.
Fiscal Impact
This project was funded from PW 19-11322 developer's deposit account.
There is no fiscal impact at this time. Long term maintenance of the streets and appurtenances is the City’s obligation and funding from Special Revenue Funds, such as Measure A or Gas Tax, will be used to meet this obligation.
Prior City Council/Commission Action
On May 25, 2022, City Council approved the Reimbursement Agreement for the enhanced landscaping for8 Parcel Map 37635.
On December 8, 2021, City Council approved the Transwestern Project Final Map (Parcel 37635). 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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On June 17, 2020, the Planning Commission voted to approve an amendment to the Tentative Parcel Map No. 37625, recommending that the City Council approve the project.
On December 19, 2018, the Planning Commission approved Tentative Parcel Map No. 37625 to subdivide the project site into 3 parcels and a street, subject to conditions of approval.
Attachment(s)
Attachment 1 - Vicinity Map
Attachment 2 -Resolution 24-XX
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Vicinity Map
Transwestern Project Site
N
179
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 37635 TRANSWESTERN DEVELOPMENT (PW19-11322)
WHEREAS, TDC Remington Partners, LLC, proposed a development of Parcel Map 37635 which included, in part, the construction of public improvements; and WHEREAS, in December 2021, the City Council approved the final map for Parcel Map 37635 and had not accepted the public improvements; and WHEREAS, upon incorporation, Parcel Map 37635 is located within the City of Eastvale; and
WHEREAS, TDC Remington Partners, LLC completed the public improvements and the City is ready to accept the improvements; and
THEREFORE BE IT RESOLVED AND ORDERED that the City Council of the City of Eastvale hereby accepts the completed required public improvements subject to the conditions of the Subdivision Improvement Agreements for the following project:
Parcel Map 37635 (Transwestern), TDC Remington Partners, LLC BE IT FURTHER RESOLVED AND ORDERED that the City Council of the City of Eastvale, hereby directs staff to file a Notice of Completion for said improvement PASSED, APPROVED AND ADOPTED this 10th day of January, 2024. __________________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
180
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 24-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 23rd day of August 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
181
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.8
January 10, 2024
Approval to Accept and Quitclaim a Storm Drainage Easement to Riverside County Flood Control and Water Conserva,on District Related to Parcel Map No. 30810 and 31623 for Limonite Avenue Lateral, Stage 2 (Line E).
Prepared By:
Annette Cano-Soza, Assistant Engineer
Recommended Action(s)
Staff recommends that the City Council:
1 .
Adopt the resolu
ons accep
ng a storm drain easement related to Parcel Map Nos. 30810 and 31623; and
2 .
Adopt the resolu
ons quitclaiming such easements to Riverside County Flood Control and Water Conserva
on District for the opera
on and maintenance of Limonite Avenue Lateral,
Stage 2 (Line E); and
3 .
Authorize the City Manager to execute the quitclaim deed, which is on file in the City Clerk's Office.
Summary
Riverside County Flood Control and Water Conversa
on District is reques
ng the City accept the
storm drain easement for Parcel Maps 30810 and 31623 and quitclaim such easement for the maintenance and operation of Limonite Avenue Lateral, Stage 2 (Line E) to the District.
Background
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At the
me of the approval and recorda
on process, the property owner related to the Parcel Map 30810, Eastvale Gateway LLC and the property owner related to the Parcel Map 31623, LGC Eastvale LLC, offered to dedicate a storm drain easement for maintenance of drainage facili es. Riverside
County did not accept either of the offers of dedication at that time.
The County of Riverside and The Riverside County Flood Control and Water Conserva on District
entered into a coopera
ve agreement (recorded document No. 2003-48913) for the County's acceptance of the easement followed by the quitclaim by the County to Riverside County Flood Control and Water Conserva
on District. The district is now prepared to accept Limonite Avenue Lateral, Stage 2 (Line E) for opera
on and maintenance in accordance with the terms of the
Cooperative Agreement.
Environmental
Not applicable.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.
Fiscal Impact
The storm drainage easement quitclaim will not have a fiscal impact to the city's operating budget.
Prior City Council/Commission Action
Not applicable.
Attachment(s)
Attachment 1 - Resolution_Easement_Acceptance__PM_30810
Attachment 2 - Resolution Easement Acceptance - PM 31623
Attachment 3 - Resolution Quitclaim - PM 30810
Attachment 4 - Vicinity Map
Attachment 5 - Resolution Quitclaim - PM 31623
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RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, ACCEPTING A DRAINAGE EASEMENT AS DEDICATED ON PARCEL MAP 30810.
WHEREAS, the Parcel Map for 30810 was approved by Riverside County on June 10, 2003; and
WHEREAS, the developer dedicated to Riverside County a storm drain easement for the maintenance and operation of Limonite Avenue Lateral, Stage 2 (Line E); and WHEREAS, Riverside County did not accept the easement at the time of map recordation and is now prepared to accept the Limonite Avenue Lateral, Stage 2 (Line E) for maintenance and operation purposes per the Cooperative Agreement.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Eastvale hereby accept such easement to the Riverside County Flood Control and Water Conservation District, a copy of which is hereby attached and made part of this resolution.
PASSED, APPROVED AND ADOPTED this 10th day of January, 2024. __________________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
184
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 24-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 10th day of January 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
185
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, ACCEPTING A DRAINAGE EASEMENT AS DEDICATED ON PARCEL MAP 31623.
WHEREAS, the Parcel Map for 31623 was approved by Riverside County on June 8, 2004; and; and
WHEREAS, the developer dedicated to Riverside County a storm drain easement for the maintenance and operation of Limonite Avenue Lateral, Stage 2 (Line E); and WHEREAS, Riverside County did not accept the easement at the time of map recordation and is now prepared to accept the Limonite Avenue Lateral, Stage 2 (Line E) for maintenance and operation purposes per the Cooperative Agreement.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Eastvale hereby accepts such easement to the Riverside County Flood Control and Water Conservation District, a copy of which is hereby attached and made part of this resolution.
PASSED, APPROVED AND ADOPTED this 10th day of January, 2024. __________________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
186
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 24-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 10th day of January 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
187
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, QUITCLAIMING A DRAINAGE EASEMENT ON PARCEL MAP 30810.
WHEREAS, the Parcel Map for 30810 was approved by Riverside County on June 10, 2003; and
WHEREAS, the developer dedicated to Riverside County a storm drain easement for the maintenance and operation of Limonite Avenue Lateral, Stage 2 (Line E); and
WHEREAS, Riverside County did not accept the easement at the time of map recordation and is now prepared to accept the Limonite Avenue Lateral, Stage 2 (Line E) for maintenance and operation purposes per the Cooperative Agreement; and
WHEREAS, the City Council of the City of Eastvale took action to accept such easement on ____ 2024.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Eastvale hereby quitclaims such easement to the Riverside Count y Flood Control and Water Conservation District and authorize the City Manager to execute the quitclaim deed a copy of which is hereby attached and made part of this resolution.
PASSED, APPROVED AND ADOPTED this 10th day of January, 2024.
__________________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
188
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 24XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 10th day of January, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
189
Recorded at request of, and return to:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Eastvale MDP – Limonite Avenue The undersigned grantor(s) declare(s) Lateral, Stage 1 (Line E) DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL Project No. 2-0-00322 ENTITY OR POLITICAL SUBDIVISION R&T 11922 Parcel Map 30810
Portions of APN’s 160-230-010, 160-230-019,
160-230-018, 160-230-009 and 160-230-022
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF EASTVALE, a municipal corporation does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, all right, title and interest in and to that certain storm drain easement situated in the city of Eastvale, County of Riverside, State of California, described as follows:
See legal description attached hereto as Exhibit "A", and made part hereof, to be referenced hereafter as RCFC Parcel No. 2322-500, 2322-501, 2322-502 and 2322-503
CITY OF EASTVALE
a municipal corporation:
Date: By:
MARK ORME,
City Manager
ATTEST:
MARC DONOHUE
Clerk to the City of Eastvale
By:
City Clerk (SEAL)
190
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quitclaim Deed, dated _______ __________ from the CITY OF EASTVALE ("Grantor ") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION ("Grantee"), a body politic , is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Super visors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Date: By: __________________________
JASON E. U HLEY
General Manager -Chief Engineer
Project: Eastvale MDP - Limonite Avenue Lateral, Stage 1 (Line E) Project No. 2-0-00322
Parcel Map 30810
Portions of APN’s 160-230-010, 160-230-019,
160-230-018, 160-230-009 and 160-230-022
RCFC Parcel No. 2322-500, 2322-501, 2322-502 and 2322-503 191
RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT