Agenda packet — Chino City Council, April 19, 2022 (part 1 of 2)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit t o the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers .

Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
In compliance with t he Americans with Disabilities Act, if you require a reasonable accommodation to participate in this meeting, please contact the City Clerk’s Office (909) 334 -3306, at least 48 hours prior to the advertised starting time of the meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during normal business hours at City Hall located at 13220 Central Avenue, C hino. In addition, such docume nts will be posted on the City’s website at www.cityofchino.org.

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY APRIL 19, 2022

CLOSED SESSION – 6:30 PM
OPEN SESSION – 7:00 PM

AGENDA

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

CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about the closed session items. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more that five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION.

Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:

City of Chino v. Stubbie Alexander Barr, San Bernardi no Superior Court (Case No. CIVSB 2205027).

FLAG SALUTE

CHINO CITY COUNCIL
APRIL 19, 2022 2

CEREMONIALS
Proclamations
Trauma Awareness Month and Emergency Medical Services Week May 15-21, 2022.

Wildfire Awareness Month - May 2022
Presentations
Ballot Measure Y Presentation - Nicholas S. Liguori, AICP, Director of Development Services.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

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

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97 - 08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item shou ld be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed fro m the Consent Calendar, all items will be acted upon as a whole and by one vote.

1. Warrants. Approve expenses as audited and within budget for warrants 759530 to 759699, and Electronic Fund Transfers 514926E to 515006E, totaling $3,443,478.06.

2. Minutes
a) Minutes. Regular Meeting of April 5, 2022 (Pocock absent). b) Minutes. Special Meeting of April 12, 2022 (Comstock absent).

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file th e Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.

4. 2021 Chino Climate Action Plan Annual Report. Receive and file the 2021 Chino Climate Action Plan Annual Progress Report, which outlines the City's progress to reduce Greenhouse Gas (GHG) emissions.

CHINO CITY COUNCIL
APRIL 19, 2022 3

5. Replacement Subdivision Improvement Agreeme nt Parcel Map No. 19889 (Liberty Property Limited Partnership). Approve a replacement Subdivision Improvement A greement for Parcel Map No. 19889 with Liberty Property, L.P. for public improvements associated with the industrial buildings in the Eucalyptus Business Park Specific Plan area generally located on the southwest corner of Eucalyptus Avenue and Yorba Court.

6. Amendment to Professional Services Agreement - Design Services for Project No. SD222 - Philadelphia Street and Monte Vista Avenue Storm Dr ain Extension . Approve contract amendment No. 1 to Professional Services Agreement No. 2022 -170 with EXP U.S. S ervices Inc., San Bernardino, CA, in an amount not-to-exceed $31,081.00 for design services for Project SD222.

7. Sale of Stored Groundwater to The Monte Vista Water District . Sale of 500 acre -feet of the City’s surplus groundwater reserves to the Monte Vista Water District.

M _____ S _____ RC _____

PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.

8. Assembly Bill (AB) 481 - "Military Equipment" Funding, Acquisition , and Use Policy .

Introduction of Ordinance No. 2022 -007, approving the Chino Police Department's "Military Equipment" Use Policy per the requirements of Assembly Bill 481.

Staff Report by: Wes Simmons, Chief of Police.

RECOMMENDATION: 1) Conduct the public hearing; 2) Approve the introduction of Ordinance No. 2022-007, approving the Chino Police Department's "Military Equipment" Use Policy per the requirements of Assembly Bill 481 to be read by number and title only and waive further reading of the ordinance.

ORDINANCE NO. 2022-007

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA APPROVING THE CHINO POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY M _____ S _____ RC _____

9. Development Imact Fees, Park Development Fees and the Re sources Management Plan Mitigation Fees Adjustment FY 2022 -23. Introduction of Ordinance No. 2022 -005 Amending Chino Municipal Code Chapters 3.40 and 3.45 (Development Impact Fees) to Revise Basis for Calculating Fees for ADUs; Introduction of Ordinance No. 2022-006 Amending Chino Municipal Code Chapter 3.47 (Preserve Resource Mitigation Plan Mitigation Fee) to Increase Amount of Mitigation Fee; Adoption of Resolution No. 2022 -026 Updating the Development Impact Fee Calculation Report, Updating Development Impact Fees Citywide and in the Preserve, Adopting a Per-Acre Park Land Valuation, and Updating the Master Facilities Plan.

Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.

CHINO CITY COUNCIL
APRIL 19, 2022 4

RECOMMENDATION: 1) Conduct a public hearing; 2) Appr ove the introduction of Ordinance No. 2022-005 amending Chino Municipal Code Chapters 3.40 and 3.45 (Development Impact Fees) to revise the basis for calculating development impact fees for accessory dwelling units, to be r ead by number and title only and waive further reading of the Ordinance; 3) introduce Ordinance No. 2022 -006 amending Chino Municipal Code Chapter 3.47 (Preserve Resource Mitigation Plan Mitigation Fee) to increase the amount of the Resources Management Pl an Mitigation Fee, to be read by number and title only and waive further reading of the Ordinance; 4) adopt Resolution No. 2022 -026 revising the Citywide and the Preserve Development Impact Fee Nexus Calculation Report & Master Facilities Plan, thereby adj usting the correlating development impact fees based on the new nexus applications related to development, in addition to the adjustment of the Residential Park Development Fees, and adopting a per -acre land valuation for park land citywide and in The Pres erve per Title 18 of the Chino Mu nicipal Code.

ORDINANCE NO. 2022-005

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTERS 3.40 & 3.45 OF THE CHINO MUNICIPAL CODE RELATING TO

DEVELOPMENT IMPACT FEES FOR THE GENERAL CITY AND THE PRESERVE TO INCORPORATE UPDAT ES TO THE 2017 DEVELOPMENT IMPACT FEE NEXUS AND

CALCULATION REPORT AND MASTER FACILITIES PLAN, AND UPDATE THE STANDARD

PROCEDURES PERTAINING TO THE FEE CALCULATIONS FOR ACCESSORY DWELLING UNITS.

ORDINANCE NO. 2022-006

AN OR DINANCE OF THE CITY COUNCIL OF TH E CITY OF CHINO, CALIFORNIA,

ADJUSTING THE PRESERVE RESOURCES MANAGEMENT PLAN MITIGATION FEE M _____ S _____ RC _____

NEW BUSINESS

10. Award of Construction Contract - R7200 - Central Ave State Route 60 Improvements - Masonry Block Wall at Chino Poli ce Department . Award a contract to Metrocell Construction, Inc., Ontario, CA in the amount of $860,068 for Project No. R7200 - Central Ave State Route 60 Improvements - Masonry Block Wall Project at Chino Police Department.

Staff Report by: Maria Fraser, CIP Engineering Manager.

RECOMMENDATION: 1) Appropriate $1,075,083 from the unappropriated reserves of the Transportation Fund with a corresponding year -end transfer in the same amount from the City wide Bridges, Signals and Thoroughfares Development Impac t Fee Fund 220; 2) increase the project budget for R7200, Central Ave State Route 60 Improvements in the amount of $1,075,083 for an amended amount of $17,569,047; 3) award a construction contract in the amount of $860,068 to METROCELL CONSTRUCTION INC, O ntario, CA for R7200 Central Ave State Route 60 Improvements Reimbursements -Masonry Block Wall Project at Chino Police Department; 4) authorize expenditures of up to $86,006 for construction management, $43,003 for inspection costs, and $86,006 for constr uction contingency; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

M _____ S _____ RC _____

CHINO CITY COUNCIL
APRIL 19, 2022 5

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

Mayor Ulloa
Mayor Pro Tem Lucio
Council Member Comstock
Council Member Flores
Council Member Pocock
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be hel d on Tuesday, May 3, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.

I, Angela Robles, City Clerk of the City of Chino, hereby declare that on Thursday, April 14, 2022, this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on t he City’s website at www.cityofchino.org by myself or under my direction.

_______________________________________
Angela Robles, City Clerk.

C H I N 0
WHEREAS, emergency medical services are a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 2 4 hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and
WHEREAS, trauma has been identified as the leading cause of death among persons 1-44 years of age; and
WHEREAS, raising our community awareness of the threat that trauma poses can increase our readiness; and
WHEREAS, emergency medical services teams consist of emergency physicians , emergency nurses, emergency medical technicians , paramedics , firefighters , educators, administrators , and others; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals ; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Trauma Awareness Month and Emergency Medical Services Week; and NOW, THEREFORE, I, EUNICE M. ULLOA, MAYOR OF THE CITY OF CHINO, proclaim the month of May as Trauma Awareness Month and the week of May 15-21, 2022 as Emergency Medical Services Week.

PRESENTED THIS 19th DAY OF April 2022.
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4.a
Proclamation - Trauma Awareness Month - May 2022
Packet Pg. 6
C H I N 0
WHEREAS, in 2021, wildfires in the State of California devastated approximately 2,568,948 acres, which destroyed 3,629 structures and claimed the lives of 3 individuals; and WHEREAS, the combined impacts of drought and extreme weather conditions caused by Santa Ana winds creates dangerous wildfire conditions that can threaten lives and property , as well as endanger our delicate ecosystem; and
WHEREAS, the key to understanding the dangers of wildfire is through education and awareness and as such an informed and prepared community can take actions to prevent fires from starting; and
WHEREAS, Wildfire Awareness Month will promote the awareness and education of necessary actions to prevent wildfires and the loss of life, property , and environmental damage associated therewith; and
WHEREAS, the Chino Valley Fire District along with local government agencies and the Carbon Canyon Fire Safe Council are prepared to assist our citizens by making our community safer from the hazards of wildfire through educational programs such as Ready, Set, Go, and through the Fuel Reduction Program which provides a brush drop off and green waste dumpster to Carbon Canyon Residents ;
NOW, THEREFORE, I, EUNICE M. ULLOA, MAYOR OF THE CITY OF CHINO, proclaim the month of May as:

WILDFIRE AWARENESS MONTH
PRESENTED THIS 19th DAY OF APRIL 2022.

ATTEST:

4.a
Proclamation - Wildfire Awareness Month
Packet Pg. 7
Measure YCity of ChinoA June 2022 Ballot Measure

4.a
Presentation on Ballot Measure Y by Nicholas S. Liguori, Packet Pg. 8
Why Housing MattersNew housing and land use updates are essential components of effective regional planningStrong land-use policies advance affordability, sustainability, and equityStable housing is a foundation for family economic well-being and is essential to thriving communitiesStrong local housing strategies = meeting city-wide economic objectivesNot enough housing is being built to accommodate for population growth City of Chino –Measure Y

4.a
Presentation on Ballot Measure Y by Nicholas S. Liguori, Packet Pg. 9
Managing Local Development•On November 8, 1988, the people of Chino Adopted Measure M to amend the General Plan•Measure M only applies to territory that was within Chino’s geographical boundaries as of November 8, 1988•Measure M prohibits the City Council from increasing residential density or rezoning non-residential land for residential uses without a vote of the people•To updateits Housing Element, Chino needs to rezone non-residential land•A compliantHousing Element requires compliance with Measure M City of Chino –Measure Y

4.a
Presentation on Ballot Measure Y by Nicholas S. Liguori, Packet Pg. 10
What is the Housing Element?•The Housing Element is one of the eight State mandated elements of the City’s General Plan•The purpose of the Housing Element is to identify and plan for the existing and projected housing needs•The City of Chino is required by State law to update its Housing Element every eight years•In January 2022, the City of Chino adopted its 6th cycle Housing Element Update for 2021 –2029•Chino receives State funding because it has a compliant Housing Element•Why is the Housing Element updated?•Compliance with State housing laws•Eligibility for State grants and funding resources•Avoid penalties imposed by the State City of Chino –Measure Y

4.a
Presentation on Ballot Measure Y by Nicholas S. Liguori, Packet Pg. 11
Housing Element –Public Engagement
City of Chino –Measure Y
400+ Residents Responded to an Online Survey
Housing Element Committee with Local Stakeholders and Residents Advising Publicly Accessible Study Sessions
City Council Hearings
6Public Meetings
Interactive CommunityWorkshops2

4.a
Presentation on Ballot Measure Y by Nicholas S. Liguori, Packet Pg. 12
What Determines Housing Needs? RHNA•California’s Regional Housing Needs Assessment (RHNA) is a process for determining future housing need•Based on growth in population, household size, and employment status•RHNA process is required by State law and aims for fair housing supply across equitable income levels•RHNA is completely managed through the State - California Department of Housing and Community Development (HCD) •Cities use RHNA to:oDevelop land-use plansoPrioritizing local resource allocationoAddress existing and future housing needs resulting from statewide population, employment, and household growthCity of Chino –Measure Y Current RHNA allocations are unprecedented with some cities facing nearly a 300 percent increase from their previous cycle

4.a
Presentation on Ballot Measure Y by Nicholas S. Liguori, Packet Pg. 13
City of Chino - RHNA Overview
•Chino was required to “develop a methodology” for selecting housing sites to meet RHNA•Community input was taken into account when developing that methodology•Site selection process required land-owner input and feedback•Chino can satisfy its RHNA by addressing:oVacant land oUnderutilized uses oCity-owned landoNon-residential sites available for a re-zone City of Chino –Measure Y
RHNA CAN BE MET WITH 91 SITES

4.a
Presentation on Ballot Measure Y by Nicholas S. Liguori, Packet Pg. 14
How Chino Selected Potential Sites•Potential sites were rated and assigned points based on the following criteria:On, March 16, 2021 City Council recommended a “metrics-based analysis” that looked at several site development factors City of Chino –Measure Y
Near transportation?Ease of access into and out of the City?SizeWalkability/Bike-abilityNear a Park/Open Space?What are the adjacent uses?Near amenities?Does it disrupt?

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Presentation on Ballot Measure Y by Nicholas S. Liguori, Packet Pg. 15
Fulfilling RHNACity of Chino site strategy resulted in the creation of two Overlay ZonesoAffordable Housing Overlay (AFF-OV)o44 sitesoMixed-Use (MU-OV) Overlayo47 sitesoBoth Overlay Zones = 1.2 percent of the totalland area of ChinooAll identified parcels within the Overlay Zones = 0.34 percentof the totalparcels in Chino City of Chino –Measure Y

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Presentation on Ballot Measure Y by Nicholas S. Liguori, Packet Pg. 16
AFF-OV Affordable Housing Overlay
City of Chino –Measure Y

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Presentation on Ballot Measure Y by Nicholas S. Liguori, Packet Pg. 17
MU-OV Mixed-Use Overlay
City of Chino –Measure Y

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Presentation on Ballot Measure Y by Nicholas S. Liguori, Packet Pg. 18
Fulfilling RHNA = A Compliant Housing ElementUpdating a Housing Element can be daunting and a lot is at stakeIndividuals and families are directly affected by a jurisdiction’s ability to plan for housing needsState funding for transportation, infrastructure, and housing require or consider compliance with Housing Element lawFunds are competitive and can be used for fixing roads, adding bike lanes, improving transit, providing affordable housing options, etc.

City of Chino –Measure Y

4.a
Presentation on Ballot Measure Y by Nicholas S. Liguori, Packet Pg. 19
Introducing Measure Y•Measure Y, if approved by voters, will permit the use of the Two Overlay Strategy and would enable Chino to meet its RHNA goals•Approvalof Measure Y will allow for a compliant Housing Element•Denialof Measure Y will mean a non-compliant Housing Element•Non-compliance can turn local control over to the State•Non-compliance could = prohibition from disapproving housing developments, suspended authority to issue zoning approvals, financial penalties, losing opportunities for State grant funding, and more•Measure Y, on the June 2022 ballot, onlyaddresses the proposed Two Overlay Strategy as it relates to the 2021-2029 Housing Element Update•Measure M remains intact as-is and is notchanged City of Chino –Measure Y

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Presentation on Ballot Measure Y by Nicholas S. Liguori, Packet Pg. 20
For More Information•Website: www.cityofchino.org/MeasureY•Phone: 909-334-3250•Email: [email protected]•Facebook, Instagram, Twitter, Nextdoor: @cityofchinogov City of Chino –Measure Y

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Presentation on Ballot Measure Y by Nicholas S. Liguori, Packet Pg. 21

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: APRIL 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: WARRANTS.

RECOMMENDATION
Approve expenses as audited and within budget for warrants 759530 to 759699, and Electronic Fund Transfers 514926E to 515006E, totaling $3,443,478.06.

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 21-22 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

9.1 CONSENT CALENDAR
Packet Pg. 22
COUNCIL MEETING DATE: APRIL 19, 2022
SUBJECT: WARRANTS
PAGE 2

BACKGROUND
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:

NO. WARRANTS DATE FY AMOUNT

1. 759530 – 759625 3/17/22 21-22 $979,167.42

2. 759626 – 759699 3/24/22 21-22 $477,611.65

3. 514926E – 514976E 3/18/22 21-22 1,809,363.95

4. 514977E – 515006E 3/25/22 21-22 $177,335.04

*Denotes handwritten warrant
E: Electronic Fund Transfers

TOTAL $3,443,478.06

ISSUES/ANALYSIS

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

RB:hm

Attachment: Exhibit 1

9.1 CONSENT CALENDAR
Packet Pg. 23
Council Meeting 4/19/22

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

Check
Number
Check Date Vendor Name Description Amount
759572 03/17/2022 KLASSIC ENGINEERING & CONSTRUCTION INC AYALA N. PARKING LOT IMPROVEMENTS $240,373.94 759616 TRINITY ESCROW, INC. HOME IMPROVEMENT ASSISTANCE- 6692 EISENHOWER
$54,875.00
759623 WASTE MANAGEMENT REFUSE COLLECTION SERVICES $389,623.55 514935 03/18/2022 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES-MARCH $1,187,338.00 514941 DELL MARKETING LP CCTV SERVERS & STORAGE DRIVES $125,303.93 514972 WATER FACILITIES AUTHORITY IMPORTED WATER $256,194.55 759649 03/24/2022 E-PLAN, INC. ELECTRONIC PLAN CHECK SOFTWARE $64,404.00 759656 HAZEN AND SAWYER EWTF EXPANSION $117,787.58
514985 03/25/2022 ENGINEERING RESOURCES OF SOUTHERN
CA, INC.

PLAN CHECK SERVICES $55,553.62
514992 HERITAGE DESIGN BUILD & CONSULTING STREET LIGHT MAINTENANCE $59,279.20

10 TOTAL $2,550,733.37

9.1.a
Warrants
Packet Pg. 24

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710

TUESDAY APRIL 5, 2022

CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM

M I N U T E S

CALL TO ORDER
The April 5 , 2022 , Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:02 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL

Present: Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council M embers Karen C.

Comstock, and Christopher Flores.

Absent: Council Member Walt Pocock.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

CLOSED SESSION
City Attorney Fred Galante read into the record the items listed on the Closed Session agenda.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR.

Pursuant to Government Code Section 54956.8.

Property: 13279 Monte Vista Avenue (APN# 1020-302-23-0000) Agency Negotiator: Matthew Ballantyne, City Manager
Negotiating Party: James A. Guillen
Under Negotiation: Price and terms of potential acquisition

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.

Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:

Chino Basin Municipal Water District v. City of Chino, et al. (Case No. RCVRS 51010).

3. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9: (One case).

Claim by Harrison Law Group on behalf of Stubbie Bar

4. CONFERENCE WITH LABOR NEGOTIATOR(S).

Pursuant to Government Code Section 54957.6:

Agency Negotiator: Anthony Arroyo, Director of Human Resources/Risk Management.

CONSENT CALENDAR
Packet Pg. 25

CHINO CITY COUNCIL
APRIL 5, 2022 2

Employee Organizations: Chino Police Officers Association; Chin o Police Manag ement Association; Chino Police Professional Employees Association; American Federation of State, County and Municipal Employees (AFSCME DISTRICT Council 36 - Local 3183); San Bernardino Public Employees Association (SBPEA)/Teamsters Local Un ion No. 1932 - Professional, Techn ical, Clerical); Chino City Hall C onfidential Employee Association; Executive and Unrepresented Employees.

The City Council recessed to Closed Session at 6:05 p.m. and concluded at 7:12 p.m. The City Council reconvened the regular meeting at 7:19 p.m.

FLAG SALUTE
Mayor Pro Tem Lucio led the assembly in reciting the Pledge of Allegiance.

CEREMONIALS
Proclamations
Mayor Ulloa read into the record the Proclamation designating April 2022 as Child Abuse Prevention Month in Chino and prese nted it to Xeneida Brown, Child Abuse Prevention Coordinator, Children's Network and Ana Lizzeth Ordonez, Community Services Supervisor.

Mayor Ulloa read into the record the Proclamation designating April 2022 as DMV Donate Life Month in Chino and present ed it to Robert Ralston, Ambassador for Donate for Life, California.

Mayor Ulloa read into the record the Proclamation designating April 10-16, 2022 as National Public Safe ty Telec ommunicators Week in Chino and presented it to Police Chief W es Simmons. Chief Simmons introduced the Chino Police Department Dispatch Unit and shared an audio clip highlighting the work of the dispatch unit.

Presentations
Mayor Ulloa recognized the Chino Police Officer’s Foundation’s donation to the Chino Youth Museum and the Chino Police Officer’s Foundation Members presented the donation check to the Chino Youth Museum Board of Directors.

Mayor Ulloa accompanied by Debbie Pacheco, representing the City of Chino Employees, presented a donation check in the a mount of $3,7 87 to t he Chino Cultural Foundation’s Prescription Assistance through Community Health PATCH Program and $3,737 to Food for Life Charities. The money donated was raised by the City of Ch ino employees who paid $5 donations to wear jeans to work on Thursdays.

Mayor Ulloa presented the Business of the Month Award for April 2022 to Central Care Physical Therapy. The award was accepted by Christina Abellon and her team.

Mayor Ulloa recognized Ben Barber of Chino as the recipient of the April 2022 Mayor's Home Beautification Award.

Mayor Ulloa thanked City Manager Matt Bal lantyne for his years of service to Chino and presented the City of Chino Tile Plaque and other gifts.

CONSENT CALENDAR
Packet Pg. 26

CHINO CITY COUNCIL
APRIL 5, 2022 3

City Manager Ballantyne was presented with gifts and recognitions from May or Pro T em Lucio, City of Chino Human Resources Director and newly appointed Interim City Manager, Anthony Arroyo , San Bernardino County Board of Supervis ors Chairman Curt Hagman , Chino Valley Fire District Board President Mike Kreeger, Waste Management Public Sector Manager Gle nda Chavez , City of Chino Public Works depar tment, and a certificate from Congresswomen Norma Torres.

City Manager Ballantyne’s wife, Michelle Ballantyne, was given a flor al arrangement to thank her for her support.

City Manager Ballantyne expressed his appreciation for the Chino Community and thanked his family, the current and past City Council, and City Staff for their support.

REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported the following for the Closed Session agenda items:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR.

Pursuant to Government Code Section 54956.8.

The City Council discussed the potential price and terms of an acquisition, and no reportable action was taken.

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.

Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:

Chino Basin Municipal Water District v. City of Chino, et al. (Case No. RCVRS 51010).

Attorney Jimmy Gutierrez provided a briefing to the City Council and no further reportable action was taken.

3. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuan t to P aragraph (2) of Subdivision (d) of Government Code Section 54956.9: (One case).

Claim by Harrison Law Group on behalf of Stubbie Bar

The City Council held a discussion and motioned as follows:

Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 4-0 vote, with Council Member Pocock absent, directing the City Attorney to respond to complaint to confirm the City Council will not notice or hold any public meetings at any facility not in compliance with the Americans with Disabilities Act or the Brown Act.

AYES: COMSTOCK, FLORES, LUCIO, ULLOA.

NOES: NONE.

ABSENT: POCOCK.

CONSENT CALENDAR
Packet Pg. 27

CHINO CITY COUNCIL
APRIL 5, 2022 4

4. CONFERENCE WITH LABOR NEGOTIATOR(S).

Pursuant to Government Code Section 54957.6:

Agency Negotiator: Anthony Arroyo, Director of Human Resources/Risk Management.

Employee Organizations: Chin o Police Officers As sociation; Chino Po lice Management Association; Chino Police Professional Employees Association; American Federation of State, County and Municipal Employees (AFSCME DISTRICT Council 36 - Local 3183); San Bernardino Public Employees Ass ociation (SBPEA)/Tea msters Local Union No. 1932 - Professional, Technical, C lerical); Chino City Hall C onfidential Employee Association; Executive and Unrepresented Employees.

The City Council received an update, provided direction, and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
City Manager Matt Ballantyne reported there were no agenda additions or revisions.

INFORMATION
Mayor Ulloa announced that t he March 2022 Chino Economic Developmen t Report was included in the agenda packet.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following community event:
• Chino Kiwanis Corn Feed Run and Car Show is scheduled for Saturday, April 23rd from 8 a.m. to 3 p.m. at the Chino Civic Center. This is an outstanding event for car enthusiasts and families alike wit h great food, and of course, cla ssic cars. For more information on the event or vendor registration visit t he Ch ino Kiwani s website at https://chinokiwanis.com/.

Mayor Ulloa announced that the meeting will adjourn in memory of Edward Denzin who passed away on Mar ch 16th after battling cancer. Edward was a strong advoc ate for al l mi litary veterans in the Chino Va lley community and was instrumental in bringing the Mobile Vietnam War Memorial to Ayala Park in 201 6 On behalf of the City Council, Mayor Ulloa extended prayers to the Denzin family during this very difficult time.

PUBLIC COMMENTS
City Manager Matt Ballantyne provided the Invocation.

Melissa Compani from Supervisor Curt Hagman’s office announced the Coffee with Curt event taking place on April 23, 2022 , from 9:00 a.m. to 10:30 a.m. at the AmPac Business Cap ital located at 3110 B Inland Empire Blvd., Ontario.

Jeff Wren, resident of Chino, discussed his concerns regarding truck traffic in Chino, and shared incidents related to large trucks not using the truck routes . He also shared his appreciation for the efforts made thus far to limit the traffic.

Roger Cole, resident of Chino, discussed his concerns regarding truck traffic and the condition of the roads in Chino. He also discussed his concerns regarding the number of warehouses in the area around Chino Airport, and the truck traffic it causes. Lastly, he shared his concern regarding SB 9 and the potential of overcrowding the community.

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Richard Hernandez, resident of Chino, discussed a block wall he added at his home and that he was instructed to have the wall removed by April 11, 2022 . City Manager Ballantyne informed Mr. Hernandez that City Staff will reach out to him regarding his concerns.

Michael Sherman, resident of Chino, requested the zoning in RD 4.5 be changed to allow for the ability to keep more than 3 chickens, dependent upon how the chickens are handled, in order to allow residents to live more sustainably and allow for food security.

Judy Gard ner spoke regarding her concerns related to the safety of her mother ’s 7th Street property and permits for Isaiah’s Rock for public food pre paration and distribution . She noted that she is advocating for community a ssistance and hopes to have a resolution with these issues.

Rick Nash, a Chino Resident, and volunteer at Isaiah’s Rock, spoke in support of Isaiah’s Rock.

Aaron Beas, a volunteer at Isaiah’s Rock, spoke in support of Isaiah’s Rock.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 759240 to 759529, and Electronic Fund Transfers 514802E to 514925E, totaling $5,916,866.56.

2. Minutes
a. Regular Meeting of March 15, 2022 (All Members Present). b. Special Meeting of March 15, 2022 (All Members Present).

3. Citywide Digital Signature Policy. Adopt Resolution No. 2022-020, approving a Citywide Digital Signature Policy.

4. Reclass Part-time CS Coordinator to Full-time. Adopt Resolution No. 2022-023, amending the City's clas sification and salary schedule to rec lassify the position of part -time Com munity Services Coordinator to full-time Community Services Coordinator.

5. Federal Asset Forfeiture Funds - Equipment Purchase. Appropriate $92, 806.83 from the Federal Asset Forfe iture / Department of Justice Fund to purchase a replacement Leica RT C 360 Scanner.

6. Notice of Completion - Construction of Traffic Signal Battery Back-Up Installation. Accept the construction of Traff ic Si gnal Battery Back -Up Instal lation project TR18 1 as c omplete a nd authorize filing of a Notice of Completion.

7. Declaration of Intention to Establish Improvement Area 10 in Community Facilities District 2003- 3 and Incur Bonded Indebtedness for the Improvement Area. Adopt Resolution Nos. 2022-024 and 2022-025, declaring the City o f Chino’s intention to establish Improvement Area No. 10 in Community Facilities Distric t (CFD) No. 2003 -3 and t o Incur Bonded I ndebtedness fo r the proposed Improvement Area.

8. Easement Deed Tract Map No. 16420-1 – Preserve Master Maintenance Corporation. Adop t Resolution No. 2022-018, accepting an easement for public access and sidewalk purposes for Tract Map No . 16420-1 generally located south of Pine Avenu e, east of East Preserve Loop, west of Hellman Avenue, and north of Market Street.

9. 2021 General Plan and Housing Element Annual Repo rt. Receive and file the 2021 General Plan and Housing Element Annual Reports which will subsequently be filed with the Governor's Office of Planning a nd Research and the California Depa rtment of H ousing and Communit y Development.

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10. Municipal Separate Storm Sewer System (M S4) National P ollutant Disch arge El imination System (NPDES) Stormwater Permit Renewal Participation Agreement. Approve the Common Interest, Joint Defense, and Confid entiality A greement related to MS4 NP DES St ormwater Permit to allow the City to participate and be privy to all attorney-client conversations as a result of the upcoming MS4 Permit renewal negotiations.

11. Amendment to Agreement No. 20 22-081 for Magnolia Channel Cl eaning and Maintena nce.

Appropriate $7,500.00 from the un appropriated reserves of the Storm Drain Fund and approve Amendment No. 1 to Agreement No. 2022-081 with Oakridge Landsc ape, Inc., Valencia, CA, increasing the compensa tion by 17,500.00, for a total vendor cap amount not-to-exceed $64,914.60.

12. Professional Services Agreement - Geotechnical Services for Various CIP Projects. Approve a vendor cap increase and award Profe ssional Services Agreements to G eo-Advantec, Inc . of San Dimas, CA , totaling $62,568 for geotechnical services for various CIP Projects.

13. Pine Avenue Connector Extension Project. Approve Project ST061 design advance fees in an amount not-to-exceed $60,000 to Southern California Edison for the design of the transmission lines related to the Pine Avenue Connector Extension Project.

Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 4- 0 vote, with C ouncil M ember Pocock absent, to approve C onsent C alendar items 1 through 13 as presented.

AYES: COMSTOCK, FLORES, LUCIO, ULLOA.

NOES: NONE.

ABSENT: POCOCK.

PUBLIC HEARING

14. Storm Drain Master Plan Update, Subarea No. 2 – The Preserve. Approve Resolution No. 2022- 19 adopting the Storm Drain Master Plan Update, Subarea No. 2 - The Preserve.

Mayor Ulloa opened the public hearing.

Staff Report by: Natalie Avila, Associate Engineer.

Associate Engineer Avi la provided a pre sentation on this item. Mayor Ulloa inquired about the storm drain being constructed by City of Ontario along. Ms. Avila and City Manager Ballantyne confirmed that s taff is in communication with the City of Ontario and cost sharing i s currently under review by both agencies pertaining to the storm drain . City Manager Ballantyne provided more information on the modification of the plans and the future strategy.

Pat Loy , of Lewis Companies, Chino Development Company, Chino Holding Company, and Chino Preserve Company, addressed the City Council regarding this item. He spoke about the increased cost of the project an d the cost sharing with the City o f Ontario since a significan t amount of the water is com ing from Ontario. Mayor Ulloa asked Ms. Avila to keep Mr. Loy informed of any developments.

With no further comments, Mayor Ulloa closed the Public Hearing.

Moved by Council Member Flores, seconded by Council Member Comstock, and carried on a 4-0 vote, with Council Member Pocock absent, to 1) Conduct a public hearing; and 2) approve Res olution No. 2022-019 adopti ng The Storm Drain Maste r Pla n Update, Subarea No. 2 – The Preserve.

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AYES: COMSTOCK, FLORES, LUCIO, ULLOA.

NOES: NONE.

ABSENT: POCOCK.

NEW BUSINESS

15. Addition of Interim City Manager Position to the City's Classification and Salary Schedule. Adopt Resolution No. 2022 -022 ame nding the Ci ty's classific ation and s alary sche dule to add the Interim City Manager position.

Staff Report by: Fred Galante, City Attorney.

Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 4- 0 vote, with Council Member Pocock absent, to Adopt Resolution No. 2022-022 amending the City's classification and salary schedule to add the Interim City Manager position.

AYES: COMSTOCK, FLORES, LUCIO, ULLOA.

NOES: NONE.

ABSENT: POCOCK.

16. Madison Street Gap C losure Proposed Capital Improvement Project. Consider creating Capital Improvement Program (CIP) Project No. ST223 - Madison Street Gap Closure and appropriate $200,000 from the unappropriated reserves of the General Fund.

Staff Report by: Maria Fraser, CIP Engineering Manager.

Ms. Fraser pr ovided a presentati on on this it em, describing t he deta ils of t he project. She mentioned a com ment received by a resident regarding a ramp installed in front of their property, and confirmed t he location was changed and will not be located in fron t of their property.

Council Member Flores detailed his discussion with the residents and property owners related to the project and mentioned the owner of the vacant property requested a uniform fence to be installed by the City along the property.

City Attorney Galante confirmed a fence installation would be the re sponsibility of the p roperty owners, not the City of Chino. City Council agreed the property owner would be responsible for installing a fence.

Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 4- 0 vote, with Council Member Pocock absent, 1) Consider creating Capital Improvement Project (CIP) Project No. ST223; 2) if desirous of proceeding, appropriate $200,000 to the Transportation Fund 320 with a corresponding year end backfill transfer from the General Fund 100 - for t he project expense s; and 3 ) authorize the City Manager to e xecute all necessary documents on behalf of the City.

AYES: COMSTOCK, FLORES, LUCIO, ULLOA.

NOES: NONE.

ABSENT: POCOCK.

17. Pine Avenue Improvements. Approve amendments to Professional Services Agreements with Proactive Eng ineering Cons ultants; EX P U.S. Services, Inc.; and IDC Co nsulting Engineers , Inc.

Staff Report by: Felicia Marshall, Associate Civil Engineer.

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Moved by Council member Comstock, seconded by Mayor Pro Tem Lucio, and carried on a 4-0 vote, with Council Member Pocock absent, 1) A pprove Amendment No. 5 to t he Professional Services Agr eement (No. 2020-131) with Proactive Engineering Consulting (PEC) in an amount not -to-exceed $361,250 a nd approve a con tingency of $36,125 for additional professional services, for a potential Amendment No. 5 amount not-to-exceed $397,375. Increase their v endor cap by $397,375, for a total vendo r cap amount not-to- exceed $415,275 for FY21-22. 2) Approve Amendment No. 4 to the Professional Services Agreement (No. 2021-053) with EXP U.S. Services, Inc. (EXP) in an amount not-to-exceed $212,910 and approve a contingency of $16,722 for additional professional services, for a potential Amendment No. 4 amount not-to-exceed $229,632. Increase their vendor cap by $229,632 for a total vendo r cap amou nt not-to-exceed $453,512.93 for FY21 -22. 3) Approve Amendment No. 5 to the Professional Services Agreement (No. 2021-118) with IDC Consult ing E ngineers, Inc. ( IDC) in an amount not -to-exceed $461,630.40 an d approve a contingency of $46,163 for a dditional professional services, for a potential Amendment N o. 5 amount not -to-exceed $507,793.40. I ncrease their vend or ca p by $507,793.40, for a total vendor cap amount not-to-exceed $1,019,272.40 for FY21-22.

AYES: COMSTOCK, FLORES, LUCIO, ULLOA.

NOES: NONE.

ABSENT: POCOCK.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on meetings and events attended since the last meeting that included the Mayor’s Prayer Breakfast, Brown Act Training provided by City Atto rney Galante, Chino Police Awards Ceremony, Chino Basin Water Conservation District Gardening Program Event, Farmer Boys Ribbon Cutting, Cultural Palooza, meeting with Police Department Representatives regarding planning for future personnel and police officer needs, City Manager recruitment Ad Hoc Committee , FedEx Facility Ribbon Cutting, Relay for Life Kickoff Event, and employee appreciation lunch held by the Ballantyne Family.

Mayor Pro Tem Lucio
Mayor Pro Tem Lu cio reported on meetings and events attend ed since the last meeting that included the Infrastructure Streets Committee Meeting, Brown Act Training provided by City Attorney Galante, Chino Police Awards Ceremony, Fire Chief Dave Wil liams Swearing in Ceremony, Grand Opening of Amaz ing Poke, Healthy Family Day at A yala Park , Spring Celebration at College Park, Infrastructure Streets Committee , and the employee appreciation lunch held by the Ballan tyne Family. Mayor Pro Tem Lucio thanked the residents who spoke regarding truck traffic and expressed his understanding of the ir frustrations and is working to address the issue. He also acknowledged the Chino P olice for recently arresting a suspect in stemming from the November 2021 homicide off Philadelphia St. He expressed his appreciation to City Manager Ballantyne for his service.

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Council Member Flores.

Council Member Flores reported on meetings and events a ttended since the last meeti ng that included the Mayor Prayer Breakfast, Brown Act Training provided by City Atto rney Galante, Chino Police Awards Ceremony, Cultu ral Palooza, a meeting with staff rega rding home improvement programs and outreach for down town Chino residents , Planning Commission, Salute to Public Safety Luncheon, Boxing Foundation Board Meeting, Fire Chief Dave Williams Swearing in Ceremo ny, FedEx Facility Ribbon Cutting, and employee appreciation lunch held by the Ballantyne Family.

Council Member Comstock.

Council Member Comstock reported on meetings and events at tended since the last meeting that included Infrastructure Committee meetings, Brown Act Training provided by City Attorney Galante, Chino Police Awards Ceremony, Traffic Advisory Committee meeting, meeting regarding the Home Family Resource Center, Fire Chief Dave Williams Swearing in Ceremony, meeting with Assembly Member Phillip Chen, and Community Services Commission.

Council Member Comstock complimented the Chino Police department for arresting the November 2021 homicide suspect. She thanked the members of the public for speaking tonight regarding their concerns . Council Member Comstock thanked City Manager Bal lantyne for his service to the City of Chino and wished him the best.

City Manager's Report.

City Manager Ball antyne n oted an email comment was received regarding Agenda No. 16 - Madison St. an d believes the concern has already been mitigated. He acknowledged the Council’s i nterest in reviewing animal ke eping zoning restrictions. He noted that staf f would bring b ack possible zoning amendments to the City C ouncil for consid eration. He t hanked everyone for his farewell ceremonies tonight.

City Attorney's Report.

City Attorney Galante informed the City Council and Community about a letter received from the California Department of Fair Employment and Housi ng ( DFEH) regarding the rise in hate crimes and the resources they offer for these crimes. He expressed appreciation to City Manager Ballantyne.

Police Chief's Report.

Police Chie f Simmons announced the upcoming Coffee with a Dispatcher taking place on Thursday, April 14 fro m 4 :00 p.m. - 6:00 p.m. at Starbucks located at 4013 Grand Avenue, Chino and a Community Meeting on Tuesday , April 12 regarding Assembly Bill 481 . Mayor Ulloa inquired about the camera on 7 th Street and Chief Simmons confirmed there is a pod camera at that location, and he will inform the concerned resident.

Fire Chief's Report.

Fire Chief Williams reported on calls for ambulance services in the Chino Va lley, discussed the status of ambulance services with Council Members, and thanked City Manager Ballantyne.

ADJOURN IN MEMORY OF EDWARD DENZIN
The meeting adjourned at 9:55 p.m. The next Special Meeting of the City Council will be held on Tuesday, April 12, 2022 at 10:00 a.m. in the Chino P olice Department Community Room located at 5450 Guardi an Way. The next Regular Meeting of th e City Council will be h eld on Tuesday, April 19 , 2 022 at 7 :00 p .m. (Closed Session at 6:00 p.m. if necessary ) in these Council Chambers.

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APPROVED AND ADOPTED THIS 19th DAY OF APRIL, 2022.

EUNICE M. ULLOA, MAYOR

ATTEST:

ANGELA ROBLES, CITY CLERK

**************************************************
(These minutes are not official until signed.)

CONSENT CALENDAR
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CHINO CITY COUNCIL

STRATEGIC PLAN ROLL-OUT MEETING FOR

CITY OF CHINO SUPERVISORS & MANAGERS

CHINO POLICE DEPARTMENT COMMUNITY ROOM
5450 GUARDIAN WAY
CHINO, CA 91710
TUESDAY, APRIL 12, 2022

10:00 A.M.

M I N U T E S

The Strategic Plan Ro ll-Out Meeting for City of Chino Supervisors and Managers w as held in the Chino Police Department Community Room. Attendees were welcomed by Members of the of Strategic Plan Work group: Debbie Pacheco, Senior Management Analyst ; Marsha Ariyasu, Management Assistant; Pat Caciappo, Management Assistant; and Lynette Cruz, Account Clerk III.

CALL TO ORDER
The April 12, 2022, Special Meeting of the Chino City Council was called to order at 10:00 a.m. in the Chino Police Department Community Room.

ROLL CALL

Present: Mayor Eun ice M. Ulloa, Mayor Pro Tem Marc Lucio, and Council Members Christopher Flores, and Walt Pocock.

Absent: Council Member Karen C. Comstock.

FLAG SALUTE
Police Chief Wes Simmons led the assembly in reciting the Pledge of Allegiance.

PUBLIC COMMUNICATIONS
There were no requests to speak.

CITY OF CHINO STRATEGIC PLAN ROLL-OUT MEETING FOR SUPERVISORS AND

MANAGERS
Nikki Love, Billing Manager introduced the Mayor, City Council Memb ers, Exec utive Management Team, and Strategic Plan Workgroup.

Chris Corbin, Professional Services Manager provided background on the City’s Strategic Plan.

Mayor Eunice M. Ulloa discuss ed the importance of Strategic Planning and reviewed the City’s Mission, Vision, and Values.

Vivian Castro, Deputy City Manager reviewed the City’s Core Organizational Values. • Commitment to Our Community
• Integrity and Accountability

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• Communication and Engagement
• Fiscal Responsibility
• Partnership and Teamwork
• Innovation
Yvette Gasso, Management Aide provided a summary of the employee survey responses.

Nikki Love, Billing Manager and Chris Corbin, Professional Services Manager reviewed the Strategic Issues.
• Positive City Image
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships • Superior Customer Service
• Financial Stability
• Effective Technology
• Responsible Long-Range Planning
Rob Burns, Director of Finance and Angela Robles, City Clerk shared how the City is proactively incorporating the City’s Strategic Issues into the budgeting process and city council reports.

Wes Simmon s, Chief of P olice; Nick L iguori, Director of Development Services; and Amer Jakher, Direct or of P ublic Works provided examp les of strategic p lanning in the areas of technology, general plan update, and innovation.

Staff participated in a Kahoots Game about the Strategic Plan.

Linda Reich, Director of Community Services reviewed next steps that include formation of the Organizational Leadership Te am (O LT); post -meting survey; and quarterly me etings. The quarterly meeti ngs are intended to provide updates on city business and problem solving; training opportunities; and opportunities for engagement and communication.

Ryan Shumway, Information Technology Manager gave a preview of the OLT Microsoft Teams page.

Matt Ballantyne, City Manager thanked the City Council, EMT and Strategic Plan Workgroup for their efforts.

ADJOURN
The meeting adjourned at 12:00 p.m. The next Special Meeting of the City Council will be held on Tuesday, April 19, 2022, at 5:00p.m. in the Chino City Hall Council Chambers. The next Regu lar Meeting of the City Council will be held on Tuesday, A pril 19, 2022 at 7:00 p.m. in the Chi no City Council Chambers.

CONSENT CALENDAR
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CHINO CITY COUNCIL
APRIL 12, 2022 3

APPROVED AND ADOPTED THIS 19th DAY OF APRIL, 2022.

EUNICE M. ULLOA, MAYOR

ATTEST:

ANGELA ROBLES, CITY CLERK

**************************************************
(These minutes are not official until signed.)

CONSENT CALENDAR
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Revenue: Expenditure: 1002000-43320

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: APRIL 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: ANGELA ROBLES, CITY CLERK

SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2021-22 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES <https://ca- chino.civicplus.com/415/Strategic-Plan>:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Public Service Excellence through Internal and External Partnerships

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COUNCIL MEETING DATE: APRIL 19, 2022
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND

MEETINGS
PAGE 2

BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill 1234 (AB 1234), on January 1, 2006, the City adopted Resolution No. 2005-093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agend a Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.

Additionally, to provide the public with a n event forecast, Exhibit A also includes a list of future events/trainings that Members of the Council may attend.

Attachment: Exhibit A

9.3 CONSENT CALENDAR
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ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,

TRAINING, AND MEETINGS

APRIL 19, 2022 EXHIBIT A

Event Date Meeting Purpose and Subject Matter City Official Attendees

April 7-8, 2022 Annual San Bernardino City-County
Conference in Lake Arrowhead, CA
Mayor Ulloa
Mayor Pro Tem Lucio
Council Member Flores

Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and Subject
Matter
Location

City Officials that may
attend
None

9.3.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 40

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: APRIL 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: 2021 CHINO CLIMATE ACTION PLAN ANNUAL REPORT.

RECOMMENDATION
Receive and file the 2021 Chino Climate Action Plan Annual Progress Report.

FISCAL IMPACT
The 2021 Climate Action Plan (CAP) Annual Progress Report will not have an impact on the City’s General Fund. Projects undertak en by the City that implement the CAP measures will either be funded through grant monies or planned for during the annual budget process. The costs for implementing the measures for new and existing private development projects would be borne by the devel oper and would be expected to be offset by energy savings over time.

This annual report simply reports the progress of implementing the various measures in the CAP.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

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COUNCIL MEETING DATE: APRIL 19, 2022
SUBJECT: 2021 CHINO CLIMATE ACTION PLAN ANNUAL REPORT
PAGE 2

BACKGROUND
The City of Chino (“City”) adopted its first Climate Action Plan (CAP) in November 2013 (2013 CAP), which served as the City’s primary policy document for addressing Greenhouse Gas (GHG) emission reductions. The 2013 CAP identified the GHG emissions inventory for the year 2008, and target for reducing the GHG emissions 15 percent below 2008 levels by 2020. The 2013 CAP set policy and identified activities for the City, its residents, and businesses to undertake to reduce the City’s contribu tions to global climate change. The Plan described the context for reducing GHG emissions in the City; determined the City’s baseline and forecast of GHG emissions; defined a goal for reducing GHG emissions; proposed reduction measures to help the City mee t this goal; and included an implementation and monitoring process to track the effectiveness of the measures. An annual progress report for the 2013 CAP has been provided to the City Council each year that shows the City has successfully met its 2020 GHG reduction goal.

Since the adoption of the City’s 2013 CAP, the State has enacted new climate change regulations, most notably Senate Bill (SB) 32, which implements statewide targets to reduce GHG emissions to 40 percent below 1990 levels by 2030. To ensur e conformity with the latest State climate change regulations, the 2013 CAP was updated by the City in November 2020 with a new target year of 2030. The recent 2020 -2030 CAP Update builds upon the 2013 CAP and serves as a comprehensive roadmap to outline s trategies that the City will implement to continue achieving its GHG emissions reductions into the year 2030 and beyond, thereby ensuring sustainable and healthy growth. Attached is an updated annual report outlining the first year (2021) progress of the 2020-2030 CAP.

ISSUES/ANALYSIS
In the 2020-2030 CAP, the City selected a target or goal to achieve a reduction in emissions 46 percent lower than the 2008 baseline (equivalent to 40 percent below 1990 levels) by the year 2030. The City’s emissions reduction forecasted for the year 2030 was developed as a result of GHG emission reduction efforts that were being taken by the State, County, and the proposed City GHG reduction measures. Below highlights a few of the City’s more significant areas of progress in implementing those measures in 2021.
o Energy Efficiency - Energy Efficiency reduction measures contributed to 26 percent of the total GHG reductions achieved in 2021. These measures include retrofitting existing buildings to become more energy efficient, outdoor lighting upgrades, and public outreach and education, including:
· 564 homes were renovated for energy efficiency upgrades that include such items as re-roofs and upgraded HVAC systems.
· 950,350 square feet of commercial space was renovated for energy efficiency upgrades. Those items include upgrades to HVAC, ceiling/wall installation, lighting, and roofing.
· 790 streetlights were upgraded by the City to include LED light fixtures. o Renewable Energy - Renewable Energy reduction measures cont ributed to 27 percent of the total GHG reductions achieved in 2021. These measures include retrofitting existing residential homes, and existing commercial and industrial buildings for solar installations. As a result, photovoltaic solar panels totaling 7, 614 kilowatts (kW) of capacity were installed on existing residential homes, and commercial and industrial

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COUNCIL MEETING DATE: APRIL 19, 2022
SUBJECT: 2021 CHINO CLIMATE ACTION PLAN ANNUAL REPORT
PAGE 3

buildings.
o On-Road Transportation - On-Road Transportation reduction measures contributed 32 percent to the total GHG reduction achieved in 2021. These measures include studying signalized traffic intersections and modifying them for optimization, expanding bike routes, and installing EV charging stations. The following bullets highlights some of the City’s progress in implementing a few of the more significant On-Road Transportation GHG reduction measures:
· 17 traffic signals were replaced by the City to include LED smart signalization.
· Four miles of bicycle lanes and four secure bike racks were installed. · 12 EV charging stations were installed.

Through the first year of implementation of the 2020 -2030 CAP, the City has made significant progress by reducing its overall GHG emissions by 10,353 metric tons carbon dioxide equivalent (MTCO2e), which is approximately 25 percent of the 2030 GHG re duction 2030 goal of 41,131 MTCO2e. At this rate, the City will not only meet, but exceed the City’s GHG reduction target goal of 46 percent lower than the 2008 baseline level by 2030.

Attachments: 2021 City of Chino Climate Action Plan Progress Report

9.4 CONSENT CALENDAR
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Prepared by

DEVELOPMENT SERVICES DEPARTMENT

PLANNING DIVISION
April 2022

9.4.a
2021 Climate Action Plan
Packet Pg. 44

9.4.a
2021 Climate Action Plan
Packet Pg. 45

Contents

Overview Page 1
Energy Efficiency Page 3
Renewable Energy Page 4
On-Road Transportation Page 5
Solid Waste Generation Page 6
Water Conveyance Page 7
Wastewater Treatment Page 8
GHG Performance Standard Page 9
Looking Ahead Page 10

The City has made
significant progress in
implementing the 2020-
2030 CAP Update.

9.4.a
2021 Climate Action Plan
Packet Pg. 46

Overview
The City of Chino adopted a Climate Action Plan (CAP) in November 2013 to reduce greenhouse gas (GHG) emissions generated by community activities. Since the adoption of the City’s 2013 CAP, the State of California (State) enacted new climate change regulations which implements statewide targets to reduce GHG emissions to 40% below the 1990 levels by 2030. To ensure conformity with the latest State climate change regulations, the 2013 CAP was updated with a new target year of 2030 and was approved by the City Council on November 17, 2020. The 2020-2030 CAP Update builds on the successes of the 2013 CAP and uses the analysis from the San Bernardino Regional Greenhouse Gas Reduction Plan Update (Regional Plan), completed in March 2014 . The Regional Plan was a collaborative effort among the San Bernardino Council of Governments ( SBCOG), 24 Partnership Cities, and the County of San Bernardino to develop regional GHG inventories and reduction measures to more effectively address GHG emissions and climate change in San Bernardino County.

The 2020-2030 CAP Update establishes a GHG reduction target of achieving 46% below 2008 emissions levels by 203 0. This ambitious target is consistent with larger statewide ob jectives outlined under Senate Bill 32 (SB 32) and represents the City’s commitment to reducing GHG emissions generated within the community. The emissions target will not be achieved overnight, nor will it be met through a single action. Rather, the CAP outlines 15 measures that will work in conjunction with State initiatives to improve energy efficiency, encourage resource conservative, and support sustainable practices that will lower GHG emissions and enhance community resiliency to climate change. A significant difference between the 2020 -2030 CAP and the 2013 CAP is the methodology on how GHG reduction measures are calculated. A n updated tracking tool has been developed to measure and track specific categories that include items such as re-roofs, installation of solar panels, upgraded HVAC systems, installation of LED streetlights and Electrical Vehicle (EV) charging stations. This tracking tool helps to provide a more accurate calculation of GHG reduction related to the implementation of the categories noted above. These methods of tracking are explained in greater detail below.

In order for the City to
achieve its 2030 GHG
reduction target, the City
will need to reduce their
emissions by 41,131 metric
tons carbon dioxide
equivalent (MTCO 2e).

Within the first year of
implementation of the
2020-2030 CAP, the City has
reduced their GHG
emissions by 10,353 metric
tons carbon dioxide
equivalent (MTCO2e), which
is approximately 25% of the
GHG reduction target goal
(see Figure 1). Significant
progress was ma de by the
City in implementing all 15
local GHG reduction
measures in the following
Figure 1. 2021 Greenhouse Gas Emission (GHG) Reductions Compared to 2030 GHG Reduction Target

10,353
41,131
MTCO2e
2021 GHG Emissions
Reductions vs.
2030 GHG Reduction Target
2021 2030

9.4.a
2021 Climate Action Plan
Packet Pg. 47

sectors: Energy, Renewable Energy, On -Road Transportation, Solid Waste, Wastewater Treatment, Water Conveyance, and Design Review Process (DRP) for New Development. On -Road Transportation reduction measures contributed to the most (32%) overall GHG reduction in the City for year 2021, while DRP for New Development contributed the least (0%) (see Figure 2). The GHG reduction measures listed in the Wastewater Treatment and Water Conveyance sectors are unquantifiable in tracking the amount of GHG reduction; therefore, were not included in the pie chart below.

Figure 2. Greenhouse Gas Reductions by Sector

The progress report outlines the current status of each measure identified in the City’s 2020 -2030 CAP. Metrics have been established for all measures to track implementation progress more specifically. The sector summaries on the following pages identify each measure, the tracking metric, and emission reductions achieved to -date, as available. The progress report concludes with a summary of actions that need to be taken during the next tracking year to adaptively manage the CAP and encourage additional emissions reduction.

Energy
2698 MT CO2e
On-Road
Transportation
3322 MT CO2e
Solid Waste
1511 MT CO2e
DRP
0 MT CO2e
Renewable Energy
2811 MT CO2e

GREENHOUSE GAS REDUCTIONS BY SECTOR

9.4.a
2021 Climate Action Plan
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2020-2030 CAP Update Progress Report 3 April 2022

Energy Efficiency
The 2020-2030 CAP identifies four GHG reduction
measures to improve energy efficiency throughout the
City. These measures include retrofitting existing
buildings to become more energy efficient , outdoor
lighting upgrades, and public outreach and education
about energy efficiency and incentive programs .

Emission reduction s achieved by the measures
represent 26% of total GHG reductions achieved by
the City in 2021. Equally important, the measures
provide a number of community co-benefits, including
increased energy efficiency while reducing demand,
sustainability education and awareness, and
improved air quality and public health.
2021 Highlights
• A total 564 homes were renovated.
• A total of 950,350 square feet of commercial space was renovated. • The City upgraded 790 streetlights to LED.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target 2030
Target
Achieved 2030
Target
Achieved
Energy-1 thru 3.

Energy efficiency
incentives and
programs to
promote energy
efficiency for
existing buildings
Homes
retrofitted
In
progress 1,000 564 2,686 35.40 1%
Commercial
square
footage
retrofitted
In
progress 70,000 950,350 1,758 534.47 30%
Energy-4 Outdoor
lighting upgrades
for existing
development
Percentage of
outdoor LED
streetlights
In
progress 100% 53% 200 106.72 53%
MTCO2e = carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030.

9.4.a
2021 Climate Action Plan
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2020-2030 CAP Update Progress Report 4 April 2022

Renewable Energy
The 2020 -2030 CAP identifies two GHG
reduction measures to improve renewable
energy throughout the City. These measures
include public outreach and education,
incentive programs, and retrofitting existing
residential homes, commercial buildings, and
industrial buildings for solar installations .

Emission reduc tions achieved by this
measure represent 27% of total reductions
achieved by the City in 2021. Equally
important, the measures provide a number of
community co -benefits, including increased
energy efficiency while reducing demand, improved air quality and public health, and increased renewable energy.
2021 Highlights
• Photovoltaic (PV) solar panels totaling 7,614 kilowatts (kW) of capacity were installed on existing residential homes, existing commercial, and existing industrial buildings.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved a 2030
Target
Achieved 2030
Target
Achieved
Energy-5
Renewable Energy
installation on
existing residential
kW of
solar
panels
In
progress 23,794 5,020 8,687 1,852.39 21%
Energy 6
Renewable Energy
installation on
existing
commercial/
industrial
kW of
solar
panels In
progress N/A 2,597 N/A 958.73 N/A
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030.

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2021 Climate Action Plan
Packet Pg. 50
2020-2030 CAP Update Progress Report 5 April 2022

On-Road Transportation
The 2020 -2030 CAP identifies four GHG
reduction measures for on-road transportation.

These measures include educating City staff on
ride sharing programs, reducing vehicle miles
traveled (VMT) by expanding and improving
bicycle and pedestrian infrastructure, expanding
the Smart Signal system of LED traffic lights, and
providing community based electric vehicle (EV)
charging stations. Emission reductions achieved
by the se measures represent 32 % of total GHG
reductions achieved by the City in 2021. Equally
important, the measures provide a number of
community co -benefits, including improved air
quality and public health, road and bicycle safety,
and increased non-motorized transportation.
2021 Highlights
• A total of 12 EV charging stations were installed.
• Four miles of bicycle lanes dedicated with four secure bike racks were installed. • The City replaced 17 traffic signals with LED smart signalization.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved a 2030
Target
Achieved 2030
Target
Achieved
On-Road-1
Employee
training
Training
Sessions
In
progress N/A N/A N/A N/A N/A
On-Road 2 LED
Traffic signals
synchronized
to TDM System.

Number of
signals replaced
& synchronized.

In
progress 155 17 2,797 308 11%
On Road-3
Bicycle, and
pedestrian
infrastructure
Miles of bike
lanes, sidewalks,
number of bike
racks,
crosswalks
In
progress
8 miles 4 miles 3,047 1,565 51%
On-Road-4
Electric Vehicle
Charging
stations
Number of EV
charging
stations
In
progress 50 12 1,500 360 24%
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030

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2021 Climate Action Plan
Packet Pg. 51
2020-2030 CAP Update Progress Report 6 April 2022

Solid Waste Generation
The 2020-2030 CAP identifies one GHG reduction
related to solid waste. This measure consisted of
meeting a 50 % diversion goal in 2020 and
increasing that t o 70 % by 2030. Emission
reductions achieved by this measure represent 15%
of total GHG reductions achieved by the City in 2021.

Equally important, the measures provide a number
of community co -benefits, including resource
conservation, and improved air quality and public
health.

2021 Highlights
• The City met the near term (2020) goal of 50% diversion in 2021 and is continuing to increase recycling within the City toward the 2030 goal of 70% diversion.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved
a
Target Achieved 2030
Target
Achieved
Solid Waste-1
Diversion goals
Percent of
recycled
materials
diverted from
the land fill.

In
progress
50 % by
2020
70%
by2030
50% 15,111 1,511 10%
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030

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2021 Climate Action Plan
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2020-2030 CAP Update Progress Report 7 April 2022

Water Conveyance
The 2020 -2030 CAP identifies two water
conservation measures. These measures
include promoting and educating the public
on water efficiency, water conservation
programs, and water efficient landscaping
practices to property owners, residents, and
businesses throughout Chino . Ef forts made
by City staff as highlighted in bullets below
contributed to the City’s overall reduction in
GHG emissions , even if staff’s efforts are
unquantifiable in tracking the amount of
GHG reduction. Equally important, the
measures provide a number of community
co-benefits, including conserving portable
water supplies, and improved air quality and public health 2021 Highlights
• Promoted water efficiency practices through social media and cable news outlets. • Offered Chino residents direct install weather -based irrigation timers free of charge. • City installed underground soil monitoring systems at various City parks. • City transitioned several municipal buildings to drought-tolerant landscaping.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target
Achieved a
2030
Target
Achieved 2030
Target
Achieved
Water-1 and
Water-2 Promote
and educate
water efficiency,
water
conservation,
water efficient
landscaping to
residents,
businesses, and
property owners.

Public
outreach
and
education
In progress --b N/A --b N/A N/A
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030 b b The measures in the 2020-2030 CAP Update only had the City promoting water conservation and did not quantify the number of water conservation retrofits or GHG emissions reduced.

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2021 Climate Action Plan
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2020-2030 CAP Update Progress Report 8 April 2022

Wastewater Treatment
The 2020 -2030 CAP identifies one wastewater
measure. The measure include s working with
Inland Empire Utilities Agency (IEUA) to identify
new locations for recycle water , and public
outreach and education. Efforts made by City
staff as highlighted in bullets below contributed
to the City’s overall reduction in GHG emissions,
even if staff’s efforts are unquantifiable in
tracking the amount of G HG reduction. Equally
important, the measure provide s a number of
community co -benefits, including conserving
water supplies, and improved air quality and
public health.

2021 Highlights
• Water use efficiency and rebate program incentives are provided through the Chino Champion newspaper and customer utility billing inserts. • The City tracks rebate programs for turf replacement and other water efficiency programs offered by Monte Vista Water District and Inland Empire Utility Agency.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved a Target Achieved Target Achieved
Wastewater-1
Promote and
encourage
recycled water
consumption by
residential,
commercial, and
industrial users.

Public
outreach
and
education In
progress --b N/A --b N/A N/A
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030 b The measures in the 2020-2030 CAP Update only had the City promoting water conservation and did not quantify the number of water conservation retrofits or GHG emissions reduced.

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2021 Climate Action Plan
Packet Pg. 54
2020-2030 CAP Update Progress Report 9 April 2022

GHG Performance Standard for New Development
The 2020 -2030 CAP identifies one
Development Review Process (DRP)
measure that requires new development
projects not exempt from the California
Environmental Quality Act (CEQA) to fill
out a screening table, demonstrating
compliance with the 2020 -2030 CAP.

Screening tables are a menu of options of
energy efficiency improvements,
renewable energy options, water
conservation measures, and other options
that provide predictable GHG reductions.

Each option within the screening tables is
given a point value. Developers choose
options from the screening tables totaling
100 points or more will be determi ned to
have provided a fair-share contribution of GHG reductions; therefore, consistent with the 2020-2030 CAP. Equally important, the measure provide s a number of community co -benefits, including increased energy efficiency while reducing energy demands, increased renewable energy, enhanced land use and community design, and increased non-motorized transportation. 2021 Highlights
• No new development applications were required to use the GHG Screening Tables since none of the applications included new analysis under CEQA.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of
2030 Target
Achieved a
2030
Target
Achieved 2030
Target
Achieved
DRP-1 GHG
Performance
Standard
Number of new
development
applications
using the
Screening
Tables
Not
Started 25 0 6,051 0 0%
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030

9.4.a
2021 Climate Action Plan
Packet Pg. 55
2020-2030 CAP Update Progress Report 10 April 2022

Looking Ahead
While the City has made significant progress towards its 203 0 GHG reduction target by completing approximately 25% of its 2030 goal as of 2021, much work still remains to be done. Climate change and our understanding of local effects are constantly evolving. Adaptively managing the 2020-2030 CAP to respond to new information is theref ore necessary to ensure programs are functi oning effectively and the City continues to advance as a climate change leader. Annually, staff will continue to monitor the progress and effectiveness of each measure and modify the measures, as needed, to maximize GHG emissions reduction for years to come. As the 2020-2030 CAP comes to near end, the CAP will be updated with new and revised measures that will help the City further reduce the amount of GHG emissions to achieve statewide carbon neutrality by year 2045(Executive Order EO B-55-18).

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: APRIL 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 19889 (LIBERTY PROPERTY LIMITED PARTNERSHIP).

RECOMMENDATION
Approve a replacement Subdivision Improvement Agreement and securities with Liberty Property, L.P. for Parcel Map No. 19889; and authorize the City Manager to execute all the necessary documents of behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Superior Customer Service
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships

9.5 CONSENT CALENDAR
Packet Pg. 57
COUNCIL MEETING DATE: APRIL 19, 2022
SUBJECT: REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 19889 (LIBERTY PROPERTY LIMITED PARTNERSHIP)
PAGE 2

BACKGROUND
Liberty Property, L.P., submitted its application requesting approval to subdivide 10.24 acres of land into two parcels to accommodate the future development of two industrial buildi ngs within the Manufacturing land use designation of the Eucalyptus Business Park Specific Plan area (Exhibit A). This project was conditionally approved by the City of Chino Planning Commission on December 3, 2018.

As part of the Conditions of Approval, t he developer is required to design and construct public improvements including curb, gutter sidewalk, curb ramps, drive approaches, landscaping, and domestic water improvements in/on Eucalyptus Avenue and Yorba Avenue.

Additionally, the developer is requir ed to complete intersection improvements and traffic signal modifications at Chino Hills Parkway and Ramona Avenue. These improvements are multi - jurisdictional and require coordination between the California Department of Transportation and the cities of Chino and Chino Hills.

The required public improvements necessitate the execution of a Subdivision Improvement Agreement and the posting of securities to ensure the timely delivery of said public improvements.

ISSUES/ANALYSIS
The requirements made at the time of the tentative map approval were met with the execution of the Subdivision Improvement Agreement on October 19, 2021 by the City Council. Subsequent to the approval of the original agreement, the cost estimates associated with the off -site improvements were updated to more accurately reflect the required amounts for security and fee assessments. Additionally, the original agreement did not include the correct legal name of the developer, which prompted staff to prepare a replacement Subdivision Impro vement Agreement that rectifies the name of the developer (Liberty Property, L.P.) and includes the updated cost estimates for the off -site improvements. The City Attorney has reviewed and approved the Subdivision Improvement Agreement and respective securities.

Therefore, it is staff's recommendation to the City Council to approve the replacement Subdivision Improvement Agreement and correlating securities for Parcel Map 19889.

Attachments: Exhibit A - Location Map
Exhibit B - Subdivision Improvement Agreement

9.5 CONSENT CALENDAR
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E

XHIBIT A
Parcel Map No. 19889

LOCATION MAP

A-1

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01225.0006/366470.2 Updated 10-2020

SUBDIVISION IMPROVEMENT AGREEMENT

by and between

CITY OF CHINO

and

LIBERTY PROPERTY

LIMITED PARTNERSHIP
PARCEL MAP NO. 19889

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01225.0006/366470.2 S

UBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

LIBERTY PROPERTY LIMITED PARTNERSHIP
PARCEL MAP NO. 19889

A
greement Date: April 5, 2022
S
ubdivider Name: Liberty Property Limited Partnership

Subdivision Description: Parcel Map No. 19889 consists of a subdivision of 10.24 acres of land into two parcels to accommod ate the future development of two industrial buildings within the Manufacturing land use designation of the Eucalyptus Business Park Specific Plan area.

Parcel Map No.: 19889

Estimated Total Cost of Improvements: $939,600.00

Estimated Total Cost of Monumentation : $2,400.00 (based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Bond No.: ____________________

Surety: ___________________

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Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer

13220 Central Avenue
Chino, CA 91710

(909) 334-3417
[email protected]

Liberty Property Limited Partnership
Attn: Laerte Fanucchi, Project Manager

17777 Center Court Drive North, Suite 100
Cerritos, CA 90703

(562) 345-9216
[email protected]

CITY PROJECT INSPECTOR SURETY
Isaac Ortega
Permit & Inspection Supervisor

13220 Central Avenue
Chino, CA 91710

(909) 334-3501
[email protected]

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TABLE OF CONTENTS

1. Construction Obligations………........................................................................................ 1

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval

1.3 Intent of Plans

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.10 Documents Available at the Site

1.11 Inspection

1.12 Compliance with Law; Applicable Standards for Improvements

1.13 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.15 Final Acceptance of Works of Improvement

1.16 Vesting of Ownership

1.17 Subdivider’s Obligation to Warn Public During Construction

1.18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance ...................................................................................................... 5

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor ............................................................................................................................. 6

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security ........................................................................................................................... 7

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

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5. Cost of Construction and Provision of Inspection Service ............................................. 10

5.1 Subdivider Responsible for All Related Costs of Construction

5.2 Payment to City for Cost of Related Inspection and Engineering Services

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication ............................................................................... 10

7. Warranty of Work .......................................................................................................... 11

8. Default ........................................................................................................................... 11

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless .............................................................................................. 12

10. Subdivider’s Indemnity of Project Approval .................................................................. 13

11. Insurance Requirements ............................................................................................... 13

12. Environmental Warranty ............................................................................................... 15

13. General Provisions ....................................................................................................... 16

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Subdivider is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority ....................................................................................................................... 18

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1 SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 15th day of March 2022, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and Prologis, L.P. (Subdivider”).

RECITALS
A. Subdivider is the owner of and has obtained approval o f a subdivision map identified as Tentative Parcel Map No. 19889, (the “Map”), located in the City of Chino, County of San Bernardino , State of California (the “Property”), as described on Exhibit “A”.

The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the “Conditions”) as described on Exhibit “B”.

B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the str eets and easements shown on the Map. City desires to ac cept the streets and easements shown on the Map for public use, a nd certai n ot her improvements described in this Agreement.

C. Subdivider has delivered to City, and City has approved, plans and specifications and related document s for certain “Works of Imp rovement” (as hereinafter defined) which are required to be const ructed an d in stalled in order to accommodate the development of the Property.

D. Subdivider’s agreement to construct and i nstall the Wo rks of Improvement pursuant to t his Agreement and its o ffer of dedication of the streets, easements and other improvements and fa cilities, as shown on the Map, are a material consideration to City in approving Parcel Map No. 19889 for the Property a nd permitting development of the Property to proceed.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City ’s approving the Map for the Property and permitting development of the Property to pro ceed, Subdivider agrees to t imely perform all of its obligatio ns as set forth herein.

1. Construction Obligations.

1.1. Works of Improv ement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer , street lighting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto (the “Works of Improvement ”), as the same may be supplemented and revised from time to time as s et forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated co nstruction cost for the Works of Improvement is $939,600.00.

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2 1.2. Other Obligations Referenced in Conditions of Tentative Map Approval . In addition to the foregoi ng, Subdivider shall satisfy all o f the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.

1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Sub divider shall perform or cause to be performed in a manner acceptable to t he City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or op erable improvement or facility, ev en though the Plans may not specifically call out all items of wo rk required for Subdivider’s contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissio ns are made or information n ecessary to carry out the full int ent and meaning of the Plans, Subdivider or its contractor shall immediately n otify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or que stion arising regarding the true m eaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Subdivider recognizes that the Plan s consist of general drawings. All authorized alterations affecting the r equirements and information given on the Plans shall be in writing and approved by the City Enginee r. The P lans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without th e City Engineer’s prior written approval, no change shall be m ade by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1.4. Survey Monuments . Before final approval of street improvements, Subdivider shall place surv ey m onuments as shown on Parcel Map No. 19889 in accordance with the provisions of the State Subdiv ision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation a s provided in Section 4.1(a) (iii) and, after setting the monuments, S ubdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

1.5. Performance of Work . Subdivider shall furnish or cause to be furnished al l materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider’s obligations under this Agreement.

1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragrap h 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writi ng (by Correction Notice) at the time a determination has been made t o require changes in the work. No field changes performed or pro posed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City a nd Subdivider may mutually agree upon changes to the Works of Improve ment, subject to the security requirements in Section 4.

1.7. Defective Work . Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.

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3 1.8. No Warranty by City . The Plan s for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Sub divider or to any other pers on regarding the adequacy of the Plans or related documents.

1.9. Authority of the City Engineer . In addition to the au thority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to d ecide all questions which ma y arise as to the quality and acceptabili ty of materials furnished and work performed, and all questions a s to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.

1.10. Documents Available at the Site . Subdivider shall cause its contractor to ke ep a copy of all approved Plans at the job site and shall give ac cess thereto to the City’s inspectors and engineers at all times.

1.11. Inspection. Subdivider shall have an authorized represe ntative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engin eer, and Subdivider’s contractor(s) regarding the Works of Improvement.

Subdivider shall cause its contractor to furnish the City with every reasonab le f acility for ascertaining whether or n ot the Works of Improvement as performed are in accordance with the requir ements a nd intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Subdivider’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be c onsidered as direct control of the individual workmen on the job site. City’s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

The inspection of the work by Cit y shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsu itable materials or work may be rejected notwithstanding that such ma terials or work may have been previously overlooked or accepted.

1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improv ement to be completed in accordance with all other applicable fed eral, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.

Subdivider shall construct the im provements in accordance with the City st andards in effect at the time of the adoption of the Approved Ten tative Ma p. C ity reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider’s contractor to comply with law pursuant to Section

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4 1.12. In case of suspension of work for any cause w hatsoever, Subdivider and it s contractor shall be responsible for all materials and shall store them properly if necessary , and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.

1.14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control e rosion a nd prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls o n the method, manner, and time of grading , landscaping, and construction activities to prevent nuisances t o surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dus t c ontrol procedures, restri ctions on truck and other construction tr affic routes, noise abatement procedures, storage of materials an d equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

1.15. Final Ac ceptance of Works of Improve ment. After Subdivider ’s contractor has completed all of the Works of Improvement, Subdivider shall then r equest a final inspection of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any o f the requirements contained or reference d herein, City will inform the Subdivider or its contractor of su ch items. After t he Subdivider’s contractor has completed these items, the procedure shall then be the same as specified a bove for the Subdivider ’s contractor’s initial request for final insp ection. If items are found by City ’s inspector s to be incomplete or not i n co mpliance after two (2) “final” inspections, the City may require the Subdivider or its contractor, as a condi tion to performing further f ield inspections, to submit in writing a detailed statement of the work performed subsequent to the date o f the pre vious inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be respons ible for payment to City Eng ineer of re -inspection fees in the amount necessary to cover the City ’s costs for additional final inspect ions, as determined by the City Engineer.

No inspection or acceptance pertaining to specific parts of the Works of Improve ment shall be construed as final acceptance of any part until the ove rall final acceptance by the City Engineer is made. The City Engi neer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acc eptance on behalf of the Cit y.

Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.

The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.

1.16. Vesting of Ownership . Upon recordation of the Notice of Accep tance, ownership of the Works of Improvement shall vest in the City.

1.17. Subdivider’s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance , Subdivider shall give good and adequate warning to the public of any dangerous c ondition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until re cordation of the Notice of Acceptance, Subdivider sha ll provide forty-eight ( 48) hours’ advance written notice to all

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5 neighboring property owners and tenants affected by Subdivider’s operations or construction of the hours, dates and duration of any planned construction activities.

1.18. Injury to Public Improvem ents, Public Property or Pub lic Utility. Until recordation of the Not ice of Acceptance of the Works of Improvement , Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility fa cilities, and surveying or subdivision monuments and benchmarks w hich are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the ent ire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

Neither the City, nor any officer or employee thereo f, shall be liable or responsible for any accident, loss or damag e, regard less of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.

2. Time for Performance.

2.1. Commencement and Co mpletion Dates. Subject to Section s 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City ’s appr oval of the Plans ( “Commencement Date”); and (ii) complete or cause t o be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencem ent of construction or compl etion of the Works of Improvement hereunder may be extended by up to three (3) additional one year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivid er has established good cause for an exte nsion. As a condition of such extension, the City Engineer may re quire Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount t o compensate for any increas e in construction costs as determined by the City Engineer. If Subdivider requests and is granted an exten sion of t ime for completion of the improvements, City may apply the standards in effect at the time of the extension.

2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of c ompletion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provis ion of public services and facilities. In addition to whatever other remedies the City may have for Subdi vider’s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivide r a cknowledges City’s right to w ithhold the issuance of further build ing permits on the Property until such phasing requirements are s atisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requi rements that are a condition to issuance of building permits have bee n satisfied. Such requirements may include the payment of fees, construction o f im provements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer ’s satisfaction.

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6 2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider ’s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault o f Subdivider, including t o th e extent applicable adverse weather c onditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and simil ar causes; pro vided, however, that the period of any enforced delay h ereunder shall not include any period longer than five (5) days p rior to C ity’s re ceipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider ’s claim to a right to extend its tim e fo r performance hereunder. The City En gineer shall evaluate all claims to Force Majeure and make a reasonable de termination regarding the length of any extension of time for com mencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.

2.4. Continuous W ork. After commencement of construction of the Works of Improvement (or se parate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not a bandon the work for a consec utive period or more than thirty (30) days, events of Force Majeure excepted.

2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider’s failure to timely perform its obligations hereunder, Su bdivider recognizes that City reserves the right to revert the Proper ty to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1.

3. Labor.

3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applic able provisions of the Labor Code includ ing, but not limited to, the wage and hour, prevailing wage, worker compensation, and various oth er labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specific ally incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreement s wi th contractors and subcontractors for the performance of the Works of Improvement.

3.2. Nondiscrimination. In accord ance with the California Fair Employment and Housing Act (“FEHA”), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contrac tors, and subcontractor performing any o f the Works of Improvemen t shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital st atus, sex, gender, gender identity, gender expression, age, sexual orientation, or military and v eteran status . Subdivider shall expressly require compliance with the provisio ns o f this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid Cal ifornia Contractors’ licenses for the typ e of work being performed. All of Subdiv ider’s contractors and su bcontractors shall obtain a valid City of Chino business license prior t o performing any work pursuant to this Agreement. Subdivider shall provide the City Engineer with a list of all of its contractors and

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7 subcontractors prior to initiating any work, and all valid Contractor’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

3.4. Worker’s Compensation . Subdivider shall cause every contractor a nd subcontractor performing any of the W orks of Improvement to ca rry Workers’ Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insuranc e verifying such coverage prior to such contractor or subcontractor entering onto the job site.

4. Security.

4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the follo wing bonds, letters of credit, instrument s of credit (assignment of deposit accou nt) or other security acc eptable t o Ci ty i n its sole and absolute discretion and satisfying the r equirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider’s faithful performance of all of the Wo rks of Im provement ( “Faithful Performance Security Instrument”), in the amount of $939,600.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contracto rs, subcontractors, and oth er person s fu rnishing labor, materials, and/or equipment ( “Labor and M aterials Security Instrument ”) with respect to the Works of Improvement in an amount equal to $469,800.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Sec urity Ins trument guaranteeing the payment of the cost of setting mon uments as required in Section 1.4 in the amount of $2,400.00 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until s uch Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty . Prior to the City Council ’s a cceptance of the Works of Improvement and rec ordation of a Notice of Completion, Subdivider shall deliver a Secu rity Inst rument warranting the work accepted for a period of one ( 1) year following said acceptance (“Maintenance and Warranty Security Instrume nt”), in the amount of $94,000.00 equal to 1 0% of the estimated construction c ost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Securi ty Instruments . All Security Instruments shall be in the amounts required unde r Se ction 4.1 (a) or 4.1(b), as applicable, shal l meet the following minimum requirements and otherwise shall be in a form p rovided by City or otherwise approved by the City Attorney:

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8 (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to tr ansact surety business in the Stat e of Cali fornia. Any insurance company acting as surety shall h ave a minimum rating of A -IX, as rated by the current edition of Best ’s Key Rating Guide published by A.M. Best ’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a min imum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit . For Security Instruments which are letters of credit, any letter of credit shall be an original separate unc onditional, irrevocable, negotiable and transferable commercial let ter of cr edit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unil ateral certification of the City Engineer of the City that Subdivid er is in default under its payment or performance obligations h ereunder or in the event Subdivider fails to deliver a replacement letter of c redit not less than thirty (30) days prior to th e date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Cre dit. For Security Instruments which are Instruments of Credit, any Instrument of C redit shall be an assignment of deposit acco unt assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, wit h respect to bonds, litigation sha ll be req uired to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Se curity Instrument shall have a minimum term of one (1) year after the deadlin e for Subdivider ’s completing the Works of Improvement, in accordance with Section 2.1 (other tha n Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that cha nges may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and wi thout affecting the obligations under such Security Instrument. (iv) If the Subdivi der seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdiv ider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the forme r security shall be released by the City.

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9 4.3. Subdivider’s Liability. While no action of Subdivider shall be required in order for City to realiz e on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City ’s realization under any Security Instrument, and to take no actio n to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the s ubsequent expiration of any Securit y Instrument or any failure by any surety or financial institution to perform its obligatio ns with respect thereto, Subdivider shall be personally liable for performance und er this Agreement and for payment of the cost of the labor and materials for the im provements required to be constr ucted or installed hereby and shall, within ten (10) days a fter written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4.4. Letters of Credit.
(a) In the event a letter of credit is giv en pursuant to Section 4.2(b), City shall be entitled to dr aw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and abs olute discretion) is not deliver ed not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delive red hereunder, issued by a finan cial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a let ter of credit, the City may elect, in its sole and absolute discretion, to apply an y such funds drawn to the obliga tions secured by such letter of credit or to hold such fund s in an account under the control of the City, with no interest accruing thereon f or t he benefit of the Subdivider. If the City e lects to hold the funds in an accou nt pursuant to the foregoing, City may th ereafter at any time elect instead to apply such f unds as provided in the foregoing. Subdivider agrees and hereby grants City a sec urity interest in such account to the extent req uired for City to realize on its in terests therein, and agrees to e xecute an d de liver to City any other documents requested by City in order to evidence the creation and perfection of City ’s security interest in such account.

4.5. Release of Security Instrument s. The City shall release all Secur ity Instruments consistent with Government Co de Sections 66499.7 and 66499.8 , Section 19.09 .010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provi ded evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and

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10 (iv) after passage of the time within which lien claims are r equired to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of Ca lifornia. If lien claims have been timely filed, City shall hold th e Labor a nd M aterials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as req uired by applicable law.
(b) City shall release the Maintenance and Warranty Security I nstrument upon Subdivider’s writ ten reque st u pon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain fr om a ny security released, an amount sufficient t o cover costs and reasonable expens es and fees, including reasonabl e attorney’s fees.

5. Cost of Construction and Provision of Inspection Service.

5.1. Subdivider Responsible for All Costs of Construction . Subdivider shall be responsible for payment of all costs i ncurred for construction and instal lation of the Works of Improvement. In t he event Subdivider is entitled to reimbursement f rom City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be ente red into between Subdivider and Cit y prior to construction of the Works of Improvement.

5.2. Payment to City for Cost of Related In spection and Engineering Services .

Subdivider shall compensate City for all of C ity’s costs reasonably incurred in having its authorized representative make the us ual and customary inspections of the Work s of Improvement. In addition, Subdivider shall co mpensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be a s established by the City. In no event sh all Subdivider be entitled to additional inspectio ns or a final inspection and acceptance of any of the Works of Improvement until a ll City fees and charges have been fully paid, i ncluding without limitation, charges for applicable penalties and additional required inspections.

5.3. Payment of Development Impact Fees. Subdivider shall pay Development Impact Fees pursuant to and in accordanc e wi th Chino Municipal Code Chapter 3.40 or 3.45 , as applicable.

6. Acceptance of Offers of Dedication . The C ity Counc il shall pass as appropriate resolution or resolutions acce pting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptan ce by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.

7. Warranty of Work. Subdivider shall guarantee all Works of Im provement against defective materials and workmanship for a period of one (1 ) ye ar from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper m aintenance, or if any settlement of fill

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11 or backfill occur s, or sho uld any p ortion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the ev ent of em ergency, shall commence to repair or replace the same toget her with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the pe riod of t ime set forth above, City may make such repairs and replace ments and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provi ded herein shall not be in lieu of, but shall be in additi on to, an y warranties or other obligations otherwise imposed by law.

8. Default.

8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider’s failure to timely commen ce construction of Works of Improvement under this Agreement;
(b) Subdivider’s f ailure to timely complete construction of the Work s of Improvement;
(c) Subdivider’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Subdivider’s insolvency, appoi ntment of a receiv er, or the filing of any petition in bankruptcy, e ither voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action again st the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider’s failure to perform any other obligation under this Agreement.

8.2. Remedies. The City reserves all remedies available to it at law or in equity fo r a default or breach of Subdivider ’s obligations under th is Agreem ent. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City ’s damages in t he e vent of default by Subdivider. The City ’s ri ght to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City ’s dama ges for Subdivider ’s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accor dance with the plans. In the event the Subdivide r fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivide r and the Subdivider ’s surety, Subdivider authorizes the City to perform the oblig ation for which Subdivider is in default and agr ees to pay the entire cost of such performance by the City . The Cit y may tak e ov er the work and complete the Works of Improvem ent, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without lia bility for doing so, may complete the Works of Improvement using an y of Subd ivider’s materials, appliances,

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12 plans and other pr operty that are at the work site and that are necessary to complete the Works of Improvement.

8.3. Remedies Not Exclusive . In any case where this Agreement provides a specific remedy to City for a defa ult by Subdivider hereunder, the Subdivider agrees that the choice o f remedy or remedies for Subdivider’s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8.4. Attorney’s Fees and Costs . In th e event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all cos ts and expenses incurred by City in securing performance of such obl igations, including costs of suit and reasonable attorney’s fees. In the e vent of any dispute arising out of Subdivider ’s performance of its obligations under this Agreement or under any o f the Security Instruments referenced herein, the prevailing party i n such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney ’s fees and costs. Such attorney’s fees and cost shall include fee s and costs on any appeal, and in addition a party entitled to attor ney’s fees and costs shall be entitled to all other reasonable costs incur red in investigating such action, taking deposit ions and discovery, retaining expert witnesses, and all other nece ssary and related costs with respect to the litigation. All such fee s and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the acti on is prosecuted to judgment.

8.5. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

9. Indemnity/Hold Harmless . City or any officer, employee or agent thereof s hall not be liable for any injury to persons or property o ccasioned by reason of the acts or omissions of Subdivider, its agents, em ployees, contractors and subcontractors in the p erformance of this Agreement. Subdivider further agrees to protect , defend, indemnify and hold harmless City, its officials, boards an d commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omission s of Subdivider, its agents, employees, contractors and subcontracto rs in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, t he members thereof, agents and employees, including al l claims, demands, causes of action, liability or loss because of or arisi ng out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold h armless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subd ivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequ ence of th e diversion of waters from the design and construction of public drainage systems, streets and other improvements.

Recordation of th e Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the prope rty to be dedicated or the improvements pursuant to the approved improvement p lans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map,

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13 unless the particular improvement design was specifically required by City over written objection by Subdivider submi tted to the City Engineer before approval of the particular improvement desi gn, which objection indicated that the particular improvem ent design was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Not ice of Acceptance , the Subdivider shall remain obligated to eliminate any la tent defect in design or dangerous condition caused by the design or construction defect for a period of one (1) year ; however, Subd ivider shall not be responsible for routine main tenance. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work do ne pursuant to this Agreement and that City shall not be liable for any negligence, nonfeas ance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

Subdivider shall reimburse t he City for all costs and expenses, including but no t limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.

10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action , or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, adv isory agency, appeal board, or legislative body conc erning the Subdivision. The City shall promptly notify the Subdivid er of any claim, action, or proceeding and cooperate fully in the defense of any such claim, actio n, or proceeding. In the event City fai ls to promptly notify the Subdivider of any claim, a ction, or proceeding, or if the City fails to cooperate in the defe nse, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibit s the Ci ty from participating in the defense of any claim, action, or proceeding if City bears its own attorney ’s fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.

11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term o f th is Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General L iability policy with a minimum $1 million combined single limit for bodily injury and property dam age providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.

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14 (b) Commercial Business Auto policy w ith a minimum $1 million combined single li mit for bodily injury and property damage, provi ding all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non - owned vehicles used in pursuit of a ny of the activities associated with this Agreement; and
(ii) Any and all mobile equipment incl uding cranes which are not covered under the above Commercial Busin ess Auto policy shall have said coverage provided under the Commercial General Liability policy.
(c) Workers Compensation and Employers ’ Liability policy in accordance with the laws of the Sta te of California and providing coverage for any and all employees of the Subdivider:
(i) This policy shall provide coverage for Workers ’ Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires eve ry employer to be insured against liabi lity for Workers’ Compensation or to undertake self - insurance in accordance with the provisions of that Code, and I wil l comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Subdivi der shall file with the City’s Risk Manager a Certif icate of Insurance or certification of permission to self -insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the fo llowing endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees a nd agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insu rance with respect to any other valid a nd c ollectible insurance the City may possess, including any self - insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.”

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15 (iii) “This insurance shall act for each insured and additional insu red as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or r eduction in coverage, except that ten (10) d ays prior written notice shall apply in the event of cancellation f or non -payment of premium. ” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(i v) h ereinabove “Cancellation Notice ” is the only endorsement required of the Workers ’ Compensation and
Employers’ Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider und er this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Sub divider’s insurance company as evidence of the coverage required herein and shall be mailed to:

City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710

12. Environmental Warranty.

12.1. Prior to the acceptance of any dedications or Works of Improvemen t by City, Subdivider shall provide Cit y with a written warranty in a form substantially si milar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. (b) Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with al l applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, incl uding all those materials and substance s de signated as hazardous or toxic by any federal, s tate or local law, ordinance, rule, regulation

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16 or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of th e California Code of Regulations, Division 4, Chapte r 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Subdivider has not cause d or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and prese nt use of the property to be dedicated has not resulted in the rele ase of an y ha zardous substance on the property to be dedicated.

12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous s ubstance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threate ned by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider’s discover y of any occurrence or condition on any property adjoining or in the vicinity of the proper ty to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.1. Successors and Assigns . This Agreement shall be binding upon all successors and assigns to Subdivider ’s right, title, and interest in and to the Property and any portion thereof. Subdivider h ereby co nsents to City recording this Agreement as o fficial records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City’s approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider’s responsibilities with regard to this Agreement, (the “Replacement Subdivider ”), the rights and obligations o f this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by S ubdivider as a condition of the City ’s approval of this Agreement, shall remain Subdivider’s responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the “Transfer Agreement”), to acknowledge the tran sfer of fee title to the Property from the Subdivide r to its

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17 Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider’s responsibility to furnish replacement Security Instruments meeting the City’s approval pursuant to Section 4 of this Agreement. Until such time as a Tran sfer Agreement, meeting the City ’s approval, is executed by Subdivider and its Replacemen t Subdivider, and replacement Security Instruments meeting City ’s approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

13.2. No Thi rd-Party Beneficiaries . This Agreement is i ntended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdiv ider intend to create any third -party beneficiary rights in this Agreement in any contractor, subcontr actor, member of the general public, or other person or entity.

13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

13.4. Subdivider is Not Agent of City. Neither S ubdivider nor Subdivider ’s agents, contractors, or s ubcontractors are agents or contractors of the City in connection w ith the performance of Subdivider’s obligations under this Agreement.

13.5. Time of the Essence. Time is of the essence of Subdivider’s performance of all of its obligations under this Agreement.

13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effect ive on the date is delivered in person, or, if mailed, on the date of deposi t in the United States Mail.

Notice shall be provided to the persons listed on Pages 1 an d 2 of this Agreement by the parties for this purpose.

Either party may provide a new desig nated representative and/or address by written notice as provided in this Section.

13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements co ncurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing theref ore. Nor shall anything in the Agreement commit City to any such apportionment.

13.8. Severability. I f any portion of this Ag reement i s he ld invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

13.9. Captions. The captions of this Agreement are for conven ience and reference only and shall not be used in the interpretation of any provision of this Agreement.

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18 13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.

13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

13.12. Entire Agreement; Waiv ers and Amendments . This Agreement inte grates a ll of the terms and conditions mentioned her ein, or incidental hereto, and supersedes all negotiations and prev ious agre ements between the parties with respect to all or part of the subject matter hereof, exce pt as may be expressly provided herein. All waivers of the provisions of this Agreement mus t be in writing and signed by an authorized representative of the p arty to b e ch arged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.

13.13. Counterparts. This Agreement may be executed in one or more c ounterparts, all of which taken together shall be deemed one original.

14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) t hey are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agree ment, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]

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19 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

___________________________ _____________________________ Fred Galante, City Attorney Nicholas S. Liguori, AICP Director of Development Services

PROLOGIS, L.P.

By:__________________________
(Signature and Date)

Name:________________________
(Please type or print name)

Title:_________________________
(Please type or print title)

CITY OF CHINO

_____________________________
Matthew Ballantyne, City Manager

Dated: _______________________

ATTEST:

By
Angela Robles, City Clerk

Dated: ______________________

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E

XHIBIT A
Parcel Map No. 19889

LOCATION MAP

A-1

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EXHIBIT “B”
TENTATIVE PARCEL MAP NO. 19889 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.

B. All onsite and offsite grading as specified on the approved grading plan.

C. Relocation of all public utili ty structures as necessary to properly construct the required improvements.

D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.

E. Sanitary sewers constructed as shown on the approved, enginee red plans and in accordance with City Standards.

F. Water mains, valves, hydrants, services, me ters and appurtenances to serve each lot as shown on the approved c onstruction p lans and in accordance with City Standards.

G. Underground installation of all electric al, telephone, cable television and any other energy or communication lines that abut or are within the project site.

H. A street lighting system (City-owned) in accordance with City Standards.

I. Disposal of all rocks and debris located within any public right -of-way within said development or on the boundary streets thereof.

J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown o n approved construction plans and in accordance with City Standards.

K. Installation of asphalt concrete or Portland Cement Co ncrete s treet pavement on base material as shown on a pproved construction plans and in accordance with City Standards.

L. Street signs at intersections per the City Standards.

M. Installation of approved landscaping (plants and materials).

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance wi th the plans and specif ications on file as hereinbefore specified, o r any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work.

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EXHIBIT “C”
PARCEL NO. 19889

LIBERTY PROPERTY

LIMITED PARTNERSHIP

ENVIRONMENTAL WARRANTY
As a condition prec edent to acceptance of the dedications and pu blic improvements to be conveyed by the above -named Subdivider to t he City of Chino for the above-referenced Subdivision, Subdivider hereby warrants to the City of Chino that:

1. Neither the property to be dedic ated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider ar e subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in co nnection with the environmental laws relating to the property to be dedicated.

2. Neither Subdivider nor any ot her person wi th Subdivider’s permission to be upon the prop erty to be dedicated ha s used, generated, manufactured, produced, or released, on, un der, or about the property to be dedicated, a ny Hazardous Substance except in compliance with all applicable env ironmental la ws. For the purposes of this warranty, the ter m “Hazardous Substances ” shall mean any substance or material which is capable of pos ing a risk of injury to health, safety or pro perty, including all those materials and substances designated as h azardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.

3. Subdivider has not caused or permitted the release of, and has no knowledge of the release or pre sence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

4. Subdivider’s prior and present use of the prop erty to be dedicated ha s not resulted in the release of any Hazardous Substance on the property to be dedicated.

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signators hereto ha ve the legal power, right and authority to execute this warran ty on behalf of the Subdivider and that the s ignators hereto have sufficient knowledge or expertise, either pers onally, through reasonable inspection and investigation of the property, or throug h reasonable

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reliance upon the investigation and professional opinion of Subdivider ’s environmental experts, to make the representations herein, and that no consent of any ot her party is required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.

Each of th e undersigned persons declares under penalty of perjury that the foregoing is true and correct.

Dated: _________________________

SUBDIVIDER*

By:

*Proof of authorization for Subdivider’s signatures is required to be submitted concurrentl y with this environmental warranty.

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Revenue: Expenditure: 5407360 - 48004 - SD222

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: APRIL 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT - DESIGN SERVICES FOR PROJECT NO. SD222 - PHILADELPHIA STREET AND MONTE VISTA AVENUE STORM DRAIN EXTENSION.

RECOMMENDATION
1) Approve an increase to the vendor cap for EXP U.S. Services, Inc., in the amount of $31,081.00 for total vendor cap amount not-to-exceed $484,593.93; 2) approve Amendment No. 1 to Professional Services Agreement No. 2022-170 with EXP U.S. Services, Inc., San Bernardino, CA, in the amount not-to-exceed $31,081.00 for design services related to Project No. SD222; 3) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2021-22 Capital Improvement Program Budget for project SD222.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

9.6 CONSENT CALENDAR
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COUNCIL MEETING DATE: APRIL 19, 2022
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT - DESIGN SERVICES FOR PROJECT NO. SD222 - PHILADELPHIA STREET AND MONTE VISTA

AVENUE STORM DRAIN EXTENSION
PAGE 2

BACKGROUND
On September 21, 2021, City Council awarded a Professional Services Agreement (“PSA”) with EXP U.S. Services Inc., San Bernardino, CA (EXP), for design services in the amount of $139,572.00 along with a corresponding design contingency of $13,957.00 for Project No.

SD222 - Philadelphia Street and Monte Vista Avenue Storm Drain Extension (“SD222”), for a potential agreement amount not-to-exceed $153,529.00.This Project was based on Storm Drain System (System 22) as per the Cit y of Chino’s Master Plan of Drainage (MPD). System 22 drainage area consists of 212 acres, extending from Monte Vista Avenue, east to Central Avenue, and from Chino Storm Drain north to Francis Avenue. System 22 is identified as a Priority 1 in the MPD. Th is project relieves area experiencing flooding conditions during immediate and significant storm events. As illustrated in Exhibit A, the project is coordinating the installation of a storm drain line along Philadelphia Street, to approximately 660 feet ea st of Telephone Avenue (Storm Drain Line SD22 -1), and storm drain line along Monte Vista Avenue from Chino Storm Drain, north to Independence Avenue (Storm Drain Lines SD 22 -1 and SD 22-2). The storm drain will connect to the Chino Storm Drain (a San Berna rdino County Flood Control District facility) so staff will be in close coordination with the San Bernardino County Flood Control District.

The designer performed a preliminary hydrology and hydraulic analysis for this project. The calculations revealed t hat there is considerable run off conveyed by Telephone Avenue. The calculations indicated that flows begin to overtop the curb at Chesapeake Court. The designer is proposing to add catch basins and a new storm drain along Telephone Avenue from Philadelphia Avenue to Chesapeake Court to meet the 10 -year design storm and mitigate the flooding that occurs at the intersection of Telephone and Philadelphia Avenue. Additional catch basins are also required at Independence Street, east of Monte Vista Avenue to capture flows at the confluence. The proposed storm drain is indicated in red on Exhibit A.

ISSUES/ANALYSIS
Staff requested and reviewed a quote from EXP and determined it was consistent with the scope of the work. Therefore, staff recommends that the Cit y Council approve Amendment No. 1 in the amount of $31,081.00 to EXP U.S. Services Inc., San Bernardino, CA for additional design services for SD222. Provided below is a summary of the current accounting costs for SD222:

CONSTRUCTION ITEMS AMOUNT
Original Contract Amount $ 139,572.00
City Council Approved Contingency $ 13,957.00
Proposed Amendment No. 1 $ 31,081.00
POTENTIAL AGREEMENT TOTAL $ 184,610.00

9.6 CONSENT CALENDAR
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COUNCIL MEETING DATE: APRIL 19, 2022
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT - DESIGN SERVICES FOR PROJECT NO. SD222 - PHILADELPHIA STREET AND MONTE VISTA

AVENUE STORM DRAIN EXTENSION
PAGE 3

It should be noted that of the original design contingency expenditures approved by City Council, an amount of $13,957 remains available and unexpended. It is the intention of staff to keep the remaining contingencies in place to accommodate potential future unanticipated work items (beyond those identified in agreement amendment), should they arise.

Therefore, staff recommends that the City Council approve Amendment No. 1 to Professional Services Agreement in the amount of $31,081.00 to EXP U.S. Services Inc., San Bernardino, CA, for a total potential agreement amount not-to-exceed $184,610.00

Attachment: Exhibit A - Storm Drain
EXP U.S. Services, Inc. - Professional Services Agreement No. 1

9.6 CONSENT CALENDAR
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9.6.a
Amendment to Professional Services Agreement No. 2020-
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Project Name/No.: SD222 – Philadelphia Street Contract No.: 2022 – 170 (A1) And Monte Vista Avenue Storm
Drain Extension

Project Manager: M. Fraser/ CIP Approved: _____________

AMENDMENT NO. 1

TO AGREEMENT FOR SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and EXP U.S. SERVICES, INC. , (“Consultant”) is effective as of the 5th day of April, 2021.

RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated September 21, 2021 (“Agreement”) whereby Consultant agreed to perform Design Engineering Design Services for Project SD222.

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

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) Article 2, Compensation, is hereby revised to increase the Contract Sum by Thirty- One Thousand Eighty-One Dollars and Zero (0/100) Cents ($31,081.00) for additional investigative work such as but not limited to utility mapping, right of way base map, and shall read in its entirety as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amount s specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference.

The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Seventy Thousand Six Hundred Fifty-Three Dollars and Zero (0/100) Cents ($170,653.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10” (b) The scope of services provided in Exhibit “A” of the Agreement is amended to include the additional scope of services and fee schedule described in Exhibit “A-2”, attached hereto.

2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after

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the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

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

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

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

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01225.0001/458787.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Anthony Arroyo, Interim City Manager
ATTEST:

Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ ____________________________________ Fred Galante, City Attorney Amer Jakher, P.E., Director of Public Works

CONSULTANT:

EXP U.S. SERVICES, INC.:

By:

Name:

Title:

By:

Name:

Title:

Address: ______

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secr etary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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01225.0001/458787.1

STATE OF CALIFORNIA )
) ss.

COUNTY OF _______________ )

On ___________________, 2021 before me, __________________________________, a notary public, personally appeared ________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_________________________________________
Notary Public

SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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01225.0001/458787.1

STATE OF CALIFORNIA )
) ss.

COUNTY OF _______________ )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_________________________________________
Notary Public

SEAL:

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EXP U.S. Services
City of Chino Philadephia St. and Monte Vista Ave. Storm Drain Hourly Tasks
March 16, 2022

TASK DESCRIPTION FIRM
Project Manager
Traffic Engineer
Structures
Senior Drainage Engineer
Drainage Engineer

TOTAL HOURS
Hourly Billing Rates $319.43 $137.69 $272.62 $178.99 $112.90 CL Surveying Converse
Meetings EXP 2 2 639$ 639$
Coordination + Progress Reporting EXP 2 2 639$ 639$ SUBTOTAL - Task 1 4 0 0 0 0 4 1,278 $ 1,278$ Site Control -$ - $
Centerline/ Right-of-Way Establishment/ Mapping -$ - $ Topographic Survey, Utility Mapping and Right of Way Base Map 8,000$ 8,000 $ SUBTOTAL - Task 2 0 0 0 0 0 0 8,000 $ 8,000 $ Utilities As- Builts EXP 6 6 677$ 677$ Reviews and Verifications EXP -$ -$ SUBTOTAL - Task 3 0 0 0 0 6 6 677 $ 677$ Project Setup, Subsurface Exploration, Laboratory Testing and Engineering Analysis and Geotechnical Report -$ - $ SUBTOTAL - Task 4 0 0 0 0 0 0 -$ - $ 30% Submittal Package (Hydrology and Hydraulic Study, Hydrology + Hydraulic Report, 30% Storm Drain Plan + Profile) EXP 2 0 0 12 22 36 5,271$ 5,271$ 65% Submittal Package EXP 2 4 4 8 12 30 5,067$ 5,067$ SUBTOTAL - Task 5 4 4 4 20 34 66 10,338 $ 10,338$ 100% Submittal Package EXP 2 2 2 8 8 22 3,795$ 3,795$ SUBTOTAL - Task 6 2 2 2 8 8 22 3,795 $ 3,795$ Project Advertisement Services EXP 2 2 4 997$ 997$ SUBTOTAL - Task 7 2 0 0 2 0 4 997 $ 997$ Construction Support Services EXP 2 2 4 997$ 997$ SUBTOTAL - Task 8 2 0 0 2 0 4 997 $ 997$ TOTAL 14 6 6 32 48 106
18,081$ 8,000 $ - $ 26,081$ 5,000$ -$ -$ 5,000$ 23,081$ 8,000 $ - $ 31,081$

OTHER DIRECT COSTS (ODC)

TOTAL LABOR COST

TOTAL NOT TO EXCEED COST

LABOR COST
EXP
TASK 5- PRELIMINARY DESIGN (30% + 65% SUBMITTALS)
TASK 7 - PROJECT ADVERTISEMENT SERVICES
TASK 8 - CONSTRUCTION SUPPORT SERVICES
TASK 6- FINAL DESIGN (100% SUBMITTAL)

TOTAL EXP &

SUBCONSULTANTS SUBCONSULTANTS

EXP HOUS PER TASK
TASK 2- TOPOGRAPHIC SURVEY + BOUNDARY CONTROL
TASK 1- PROJECT MANAGEMENT
TASK 4- GEOTECHNICAL INVESTIGATION
TASK 3- UTILITIES RESEARCH

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Revenue: 5207300-52020 Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: APRIL 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: SALE OF STORED GROUNDWATER TO THE MONTE VISTA WATER DISTRICT.

RECOMMENDATION
Approve a sale of 500 acre-feet from the City’s Excess Carryover stored groundwater reserves to the Monte Vista Water District and authorize the City Manager or his designee to prepare the requisite documentation for submittal to the Chino Basin Watermaster.

FISCAL IMPACT
Appropriate $319,000 to the Water Enterprise revenue account. 500 acre-feet sold at the current market unit price of $639.20 per acre-foot will yield a revenue of $319,600 to the Water Enterprise Fund.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

9.7 CONSENT CALENDAR
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SUBJECT: SALE OF STORED GROUNDWATER TO THE MONTE VISTA WATER DISTRICT PAGE 2

BACKGROUND
In 1978, the Chino Basin Judgment adjudicated the Chino Groundwater Basin, providing water retailers, including the City of Chino, with annual groundwater producti on rights. The Judgment also provides for water retailers who may not fully utilize their production rights to accumulate under-utilized groundwater production rights in the form of stored groundwater reserves.

Additionally, the Judgment allows water retailers to transact arrangements for the purchase and sale of groundwater production rights, subject to the approval of the Chino Basin Watermaster (the administrative branch of the court with continuing jurisdiction over the Chino Groundwater Basin).

The Watermaster review and approval process involves a notification of proposed transaction and three successive levels of formal approval, culminating with approval by the Watermaster Board of Directors. If an interested party has concerns pertaining to a proposed transaction, that party may contest the transaction. Contested transactions are subject to a Watermaster administrative hearing process so that additional information may be made available for the 2nd and 3rd levels of the Watermaster approval process.

ISSUES/ANALYSIS
Currently, the City has accumulated stored groundwater reserves totaling 135,017 acre -feet.

The City’s annual groundwater production right in FY 20/21 was 17,497 acre -feet. After satisfaction of its groundwater production needs, the City’ s unproduced amount of groundwater production entitlement (11,730 acre -feet) was accounted for as stored water and added to its reserves.

The City’s plans for utilization of its stored groundwater reserves include production of water to meet its own demand s, satisfaction of regional replenishment requirements, and the potential sale of water to other Chino Basin water retailers.

The Monte Vista Water District contacted the City and inquired if the City would be amenable to a transaction that would provide for the City to sell 500 acre-feet of its stored groundwater to the District. City staff analyzed the City’s projected needs for groundwater and the anticipated accumulation of under -utilized annual groundwater production entitlement and determined a sale of 500 acre-feet from the City’s stored groundwater reserves will not adversely impact the City’s ability to satisfy its own projected groundwater production needs.

Staff and the City’s legal counsel have evaluated the risk associated with the potential for the subject transaction to be contested and concluded the risk is minimal. If contested, staff and counsel believe the proposed transaction will ultimately be approved by the Watermaster.

Attachment: Watermaster Transfer Forms

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

POLICE DEPARTMENT

COUNCIL MEETING DATE: APRIL 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: WES SIMMONS, CHIEF OF POLICE

SUBJECT: ASSEMBLY BILL (AB) 481 - "MILITARY EQUIPMENT" FUNDING, ACQUISITION, AND USE POLICY.

RECOMMENDATION
1) Conduct the public hearing; 2) Approve the introduction of Ordinance No. 2022-007, approving the Chino Police Department's "Military Equipment" Use Policy per the requirements of Assembly Bill 481 to be read by number and title only and waive further reading of the ordinance.

FISCAL IMPACT
There is no fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Public Service Excellence through Internal and External Partnerships

10.8 PUBLIC HEARING
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COUNCIL MEETING DATE: APRIL 19, 2022
SUBJECT: ASSEMBLY BILL (AB) 481 - "MILITARY EQUIPMENT" FUNDING, ACQUISITION,

AND USE POLICY
PAGE 2

BACKGROUND
Effective January 1, 2022, Assembly Bill (AB) 481, which was authored by Assembly Member David Chiu who is now the City Attorney for San Francisco, requires all California law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a “military equipment” use policy prior to taking certain actions relating to the funding, acquisition, or use of “military equipment”, as defined in AB 481.

ISSUES/ANALYSIS
AB 481 is misleading in the use of the term “military equipment.” The Chino Police Department does not use equipment obtained from the military. All equipment obtained and used by the Chino Police Department is manufactured by civilian companies. The Chino Police Department does not participate in the 1033 progr am for procuring surplus military equipment. The acquisition and implementation of each tool the department uses is designed to help officers deescalate, create distance, increase safety, and most importantly , assist in the preservation of human life.

AB 481 requires each law enforcement agency's governing body to adopt a written military use policy by ordinance under public hearing in addition to other requirements by the bill. The following are required:
• Publish the draft military equipment use policy to the Police Department’s website ahead of a public hearing to approve the policy.
• Obtain approval by the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to taking certain actions relating to the f unding, acquisition, or use of military equipment, as defined. (See definitions below).
• Publish an annual report by the law enforcement agency to include each type of military equipment approved by the governing body.
• Annual review of the military equipmen t use ordinance by the governing body, and option to either disapprove a renewal of a type of military equipment or amend the military equipment use policy if it determines that the military equipment does not comply with standards for approval.
• Hold at le ast one well -publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.

AB 481 designates the following categories of items as military equipment:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a bre aching or entry apparatus attached.
• Tracked armored vehicles that provide ballistic protection to their occupants and

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AND USE POLICY
PAGE 3

utilize a tracked system instead of wheels for forward motion. • Command and control vehicles that are either built or modified to facilitat e the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. • Firearms and ammunition of .50 caliber or greater, exclud ing standard -issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. • Taser Shockwave, microwave weapons, water cannons, and long -range acoustic devices.
• Projectile launch platforms and their associated munitions including 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition weapons. • Any other equipment as determined by a governing body or a state agency to require additional oversight.

To meet the requirements of AB 481, the Chino Police Department has drafted a policy and ordinance which has been reviewed by City Attorney Fred Galante.

Prior to obtaining approval by our governing body, AB 481 also requires the police department to post the draft ordinance, policy and equipment list on our website which can be found here:
https://www.cityofchino.org/269/Policies-Procedures-SB-978

Additionally, the police department hosted a community engagement meeting on Tuesday, April 12, 2022. During this meeting, five people were in attendance as we discussed the requirements of AB 481, our draft policy, funding, acquisition, and the current safety equipment we use that AB 481 defines as “Military Equipment”.

Attachment: Ordinance - Military Use Policy

10.8 PUBLIC HEARING
Packet Pg. 139

ORDINANCE NO. 2022-007

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA APPROVING THE CHINO POLICE
DEPARTMENT’S MILITARY EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seek s to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Chino Police Department is in possession of certain items of equipme nt that qualify under the broad definition of “military equipment” under AB 481; WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released and written military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment;
WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually;
WHEREAS, the City Council of the City of Chino, having received the information required under AB 481 regarding the Chino Police Department’s use of “military equipment” as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Use Policy as set forth herein.

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

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

SECTION 2. City Council hereby approves and adopts the following:

Military Equipment Policy.
(a) The City Council has made the following determinations:
(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) Th is proposed military equipment use policy attached hereto as Exhibit “A” (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties;

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(3) The equipment described in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objective o f officer and civilian safety (if any);
(4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with th e accompanying Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance by way of the adoption of the Policy by this Ordinance.
(b) The Chino Police Department has made the Policy available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue and described in the Policy.
(c) The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use.
(e) The Chino Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (f) The City Council shall review this Ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2). (g) Th e City Council approves the use of the Policy and finds that it satisfies the requirements of Government Code Section 7070(d).

SECTION 3. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this Ordinance on behalf of the City of Chino forthwith upon its adoption.

SECTION 4. The Deputy City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Chino.

SECTION 5. This ordinance shall become effective thirty (30) days following its adoption.

PASSED, APPROVED, AND ADOPTED this 3rd day of May, 2022

EUNICE M. ULLOA, MAYOR
ATTEST:

City Clerk

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Attachments incorporated by reference:

1. Exhibit A — Lexipol Policy 708 “Military Equipment”

2. Exhibit B — Military Equipment Inventory as of March 11, 2022

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Exhibit “A”
Chino Police Department
Chino PD Policy Manual
The use of "Military Equipment" as defined by AB481

Chino Police
Department
Chino PD Policy Manual

The use of "Military Equipment" as defined by
AB481
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of "military equipment" as defined by Government Code § 7070; Government Code § 7071, and Government Code § 7072. The Chino Police Department does not obtain or use military equipment. All equipment obtained and used by the Chino Police Department is designed for municipal police services.
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Defined by and identified in Government Code Section 7071 (c) (1- 15).
708.2 POLICY
It is the policy of the Chino Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Professional Standards Unit to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.

Policy
708

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(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Chino Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 708.4 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for mi litary equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

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708.5 COORDINATION WITH OTHER JURISDICTION
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.

708.6 MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached low levels, the Department may order up to 30% of stock in a fiscal quarter without City Council's pre-approval to maintain essential availability for the police department's needs.
708.7 COMPLIANCE
The Professional Standards Unit will ensure that all Department members comply with this policy.

The Professional Standards Unit will conduct an annual audit. The Chief of Police or the authorized designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Professional Standards Unit and handled in accordance with the Personnel Complaints Policy. All instances of non -compliance will be reported to Chino City Council via the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by contacting the Chino Police Department via email at [email protected], which will be routed to the Professional Standards Unit. A response to the question or concern shall be completed by the Department in a timely manner.

Any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Professional Standards Unit in accordance with Personnel Complaints Policy. 708.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
708.10 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See Exhibit “B”

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Exhibit “B”
“MILITARY EQUIPMENT” as defined by AB 481

1. Unmanned, remotely piloted, powered aerial or ground vehicles (Category 1) a. Description, quantity, capabilities, and purchase cost:
i. DJI MATRICE M210, cost: approximately $8,500 each, quantity: 2. UAS that weighs approximately 10.5 pounds has infrared capability and is able to record video and audio with approximately 30 minutes of flight time. ii. DJI PHANTOM 4 PRO, cost: approximately $800 each, quantity: 2. UAS that weighs approximately 3 pounds and has video recording capabilities, approximately 30 minutes of flight time.
iii. DJI MAVIC 2 ENTERPRISE ADVANCED, cost: approximately $3,500 each, quantity: 2. UAS that weighs approximately 2.5 pounds has infrared capability and is able to record video and audio with approximately 30 minutes of flight time.
iv. DJI MAVIC AIR, cost: approximately $700 each, quantity: 2. UAS that weighs approximately 1 pound and is able to record video and audio with approximately 20 minutes of flight time.
b. Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, in compliance with FAA regulations and with respect for constitutional rights and privacy, which include but are not limited to: Crime scene documentation, traffic collision scene documentation, searches for missing persons, disaster response, searches for suspects who are believed to be hiding within a defined incident perimeter, in support of search warrant or tactical operations such as barricaded suspects, mapping of critical infrastructure for Homeland Security purposes, security operations at larger public gatherings, where images are not recorded except for criminal behavior, critical incident management, enforcement of City Municipal Codes related to Health and Safety, such as fireworks, aerial imaging services to other units of government. c. Authorized Use : Only assigned operators who have complet ed the required training shall be permitted to operate UAS equipment during approved missions. d. Expected Life Span: All UAS equipment, approximately 3-5 years. e. Fiscal Impac t: Annual maintenance and battery replacement cost is approximately $400.
f. Training: All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40-hour department training and ongoing quarterly training.
g. Legal and Procedural Rules : Use is established in th e Unmanned Aerial System’s Policy and FAA Regulation 14 CFR Part 107. It is the policy of the Chino Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State a nd Federal law.

2. Unmanned, remotely piloted, powered aerial or ground vehicles (Category 1)

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a. Description, quantity, capabilities, and purchase cost:
i. ICOR Mini -Caliber robot, cost: approximately $80,000, quantity: 1.

Designed for rapid tactical missions, th e robot is simple to operate and quick to deploy for searching rooms, hallways, stairwells, and confined spaces. With rubber tracks and articulating front and rear flippers, the Mini- CALIBER effortlessly climbs stairs. It also includes an extendible rotati ng claw arm that simplifies opening door handles.
ii. Recon Robotics, Throwbot XT, cost: approximately $12,000 each, quantity:

2. The Throwbot® XT is a throwable, mobile micro-robot that provides both audio and video reconnaissance of dangerous environments. P ersonnel can use the new micro -robot to quickly gain situational awareness during high-risk operations and surveillance missions.
b. Purpose: To be deployed when its capabilities would assist officers or incident commanders when dealing with tactical or lifesaving operations. The robot can be directed to move through a structure and transmit real-time video and audio. These reconnaissance featu res can locate and identify subjects, confirm presence of hostages, and reveal building layout. These robotic technologies may be used in many different circumstances including but not limited to:

Searches for suspects who are believed to be hiding within a defined incident perimeter, in support of search warrant or tactical operations such as barricaded suspects, hostage rescue incident, crisis negotiations, disaster response.
c. Authorized Use: These robotic technologies are primarily used by trained SWAT officers, however, may be utilized by additional personnel as needed. d. Expected Life Span: Approximately 5-10 years.
e. Fiscal Impact: Warranties for these products are limited (2 years). Maintenance costs are then considered out of pocket and can r ange from $500 and up for repairs.
f. Training: While not required by law, specialized training in the utilization of these devices is recommended. SWAT personnel train with these devices regularly and maintain their serviceability.
g. Legal and Procedural Rule s: It is the policy of the Chino Police Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

3. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:

LENCO BEARCAT, G2, cost: approximately $273,000, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of downed personnel or civ ilians. The Bearcat G2 has increased ground clearance and a robust suspension which allows for an emergency response to almost any situation. It can stop various projectiles, which

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provides greater safety to the community and officers beyond the protection level of shield and personal body armor.
b. Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with department policy and training. d. Lifespan: Lenco Bearcat model G2, approximately 15 years. e. Fiscal Impact: Annual maintenance cost of approximately $1,000. f. Training: All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
g. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the Department to utilize armo red vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

4. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:

Mobile Command Center (MCC): A 2002 Workhorse RV, cost: approximately $195,000, quantity: 1. The MCC is a retrofit recreational vehicle containing a mobile office that provides shelter, access to police department computer systems, and restroom facilities for extended events. The MCC can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. b. Purpose: To be used based on the specific circumstances of a given critical incident, large event, operations, natural disaster, or community event. c. Authorized Use: The MCC shall be used by officers trained in its deployment and in a manner consistent with department policy and training. d. Lifespan: Approximately 15 -year lifespan on chassis and vehicle structure.

Upgrades needed to maintain IT systems.
e. Fiscal Impact: Annual maintenance cost is approximately $3,500. f. Training: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use.
g. Legal and Procedural Rules : Use is established in the Crisis Response Unit Policy. It is the policy of the Department to use the MCC only for official la w enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

5. Command and Control Vehicles (Category 5)

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a. Description, quantity, capabilities, and purchase cost:

Tactical Response Vehicle (TRV) : A 2016 Armored Truck on a Ford F -550 Chassis, cost: approximately $83,000, quantity: 1. The TRV is used as a mobile command and control vehicle for extended operations and critical incidents. The TRV is outfitted with specialized equipment to support field personnel and incident commanders.
b. Purpose: To be used to facilitate command and control at critical incidents, as a rapidly deployable response vehicle. It supports the function of incident commanders until the scene is stabilized or when extended, the MCC is deployed. c. Authorized Use : The TRV shall be deployed by officers authorized for its deployment by the Watch Commander or their designee and in a manner consistent with department policy and training.
d. Lifespan: Approximately 10-year lifespan.
e. Fiscal Impact: Annual maintenance cost is approximately $1,000. f. Training: The driver/operator shall receive training or instruction in the safe handling of the vehicle.
g. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the TRV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

6. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:

Special Weapons and Tactics (SWAT) Team Van : A 2016 Ford Transit Van 350 Chassis, cost: approximately $39,000, quantity: 1. The SWAT Team Van is used to transport specialized SWAT Team equipment and was specially built to do so. b. Purpose: To be used for the transportation of specialized SWAT Team equipment for training and for authorized SWAT Team operations.
c. Authorized Use: The SWAT Team Van shall be used by officers authorized for its deployment by the SWAT Team Commander or their designee and in a manner consistent with department policy and training.
d. Lifespan: Approximately 10-year lifespan.
e. Fiscal Impact: Annual maintenance cost is approximately $1,000. f. Training: The driver/operator shall receive training in the safe handling of the vehicle. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use. g. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the SWAT Team Van only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

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a. Description, quantity, capabilities, and purchase cost:

Crisis Negotiation Team (CNT) Van: A 2020 Ford Transit Van 350 Chassis, cost:
approximately $41,000, quantity: 1. The CNT Van is used to support the function of the Crisis Nego tiation Team as outlined in the Crisis Response Unit (CRU) policy.
b. Purpose: To be used for the transportation of CNT members and CNT operations conducted in support of the SWAT team.
c. Authorized Use : The CNT Van shall be used by officers authorized for its deployment by the CRU Commander or their designee and in a manner consistent with department policy and training.
d. Lifespan: Approximately 10-year lifespan.
e. Fiscal Impact: Annual maintenance cost is approximately $1,000. f. Training: The driver/operator shall receive training in the safe handling of the vehicle. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use. g. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the CNT Van only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

8. Battering rams, slugs and b reaching apparatuses that are explosive in nature (Category 7)
a. Description, quantity, capabilities, and purchase cost:
i. LENCO BEARCAT, G2 BEAR-CAT vehicles have attachable metal booms that can be used for breaching structures, fences, or ramming objects during high -risk incidents, to include active shooter incidents on school grounds, buildings or other structures, cost: in cluded with purchase of BEARCAT G2 quantity: 1.
ii. Ballistic Breaching is used to gain access to fortified structures using steel or security doors. The breaching rounds deployed from a shotgun and are only used by trained personnel with a legitimate law enforcement purpose.

The breaching ammunition is as follows:
(1) Royal Arms 275 grain copper frangible, cost: $4.50/round, quantity:
200 rounds. For use on solid wood doors, locks, and hinges. (2) Royal Arms 425 grain copper frangible, cost: $4.50/round, quantity 100 rounds. For use on heavy locks, dead-bolts & hinges, solid-oak, and steel doors.
(3) Royal Arms HP cutter 450 grain, cost: $5.00/round, quantity 100 rounds. Cuts re-bar, penetrates security glass, car doors, punches into engine blocks.
(4) Royal Arms copper frangible 500 grain, cost: $5.00/round, quantity 100 rounds. For use on h eavy Locks, Cross -bolts, and Hinges (Steel Doors / Steel Frames)

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b. Purpose: To be used in response to critical incidents or CRU operations to enhance officer and community safety, imp rove scene containment and stabilization. The use of breaching apparatus is for the rapid, positive, and dynamic access to an objective in order to bypass obstructions such as walls, doors and windows to gain access to a desired location with legal authority. c. Authorized Use: The use of battering rams, slugs and breaching apparatuses that are explosive in nature are limited to incidents under the direction of the CRU Commander or their designee. They shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Lifespan: Approximately 10 years.
e. Fiscal Impact: No measurable fiscal impact for maintenance. f. Training: All operators of this equipment shall attend formalized and continuing training in its use prior to deployment. Any personnel deploying breaching rounds will attend a course in its use prior to deployment.
g. Legal and Procedural Rules: Use is established in the Crisis Response Unit and Rapid Response and Deployment policies. It is the policy of the department to battering rams, slugs and breaching apparatuses that are explosive in nature, only for official law enforcement purposes, and pursuant to State and Federal law.

9. Specialized Firearms and Ammunition of less than .50 caliber ( As defined by PC30510 and 30515) (Category 10)
a. Description, quantity, capabilities, and purchase cost:
i. Daniel Defense DDM4 MK12 Carbine, caliber: .223 and 5.56 NATO, cost:
$1700 each, quantity: 124. The Daniel Defense DDM4 MK12 is a high precision rifle that fires .223 caliber, and 5.56 NATO rounds accurately at close and long range. This rifle is the primary duty rifle issued for patrol officers, field personnel and specialized investigative units. ii. Daniel Defense DDM5 Carbine, caliber: 308 WIN/ 7.62 x 51 mm, cost:
$2,500, quantity: 1. The Daniel Defense DDM5 is a high precision rifle that fires 308 WIN/ 7.62 x 51mm rounds accurately at close and long range.

This rifle is the primary duty rifle issued to a SWAT Long Rifle team member.
iii. Colt M4 Car bine, caliber: .223 and 5.56 NATO, cost: $1,700, quantity: 6.

The Colt M4 Carbine is a high precision rifle that fires .223 caliber, and 5.56 NATO rounds accurately at close and long range. This rifle is the issued for use of specialized investigative unit s and as back -up SWAT team weapons.
iv. Remington 700 bolt action rifle: 308 WIN, cost: $ quantity: 5. The Remington 700 rifles are long -range precision rifles that shoot 308 WIN rounds. The rifles are issued and used by our SWAT Team Long Rifle team.
(1) Ammunition: The Chino Police Department maintains an inventory of training and duty ammunition for the rifles listed above. The inventory fluctuates based upon training and the cycling out of duty ammunition, however it maintains approximately 25,000 rounds o f

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duty ammunition and approximately 100,000 rounds of training ammunition. .
(a) The following is a list of manufacturers and types of the department’s duty ammunition:
(i) Hornaday 168 grain ELD Match TAP Precision 308
WIN
(ii) Hornaday 165 GMX TAP Heavy Barrier 308 WIN
(iii) Speer LE Gold Dot 62 grain .223
(iv) Hornaday TAP 75 grain .223 and 5.56 NATO
(b) The Chino Police Department utilizes ammunition of various types from various reputable manufacturers for training purposes, based upon availability.
b. Purpose: To be used as precision weapons to address a threat requiring more precision and/or greater distances than that of a handgun, if present and feasible. c. Authorized Use: Only officers that complete the required POST-certified Tactical Rifle Course, which satisfie s legislative training mandates as described in PC 33220, are authorized to deploy a rifle.
d. Lifespan
i. Daniel Defense DDM4 MK12 Carbine: No expiration.
ii. Daniel Defense DDM5 Carbine: No expiration.
iii. Colt M4 Carbine: No expiration.
iv. Remington 700 Bolt-action rifle: No expiration.
v. Ammunition: No expiration.
e. Fiscal Impact: Annual maintenance is approximately $50 for each rifle. f. Training: Officers shall not carry or utilize the patrol rifle unless they have successfully completed the required POST -certified Tactical Rifle Course, which satisfies legislative training mandates as described in PC 33220. Officers shall thereafter be required t o successfully complete yearly training and qualification conducted by a certified firearms instructor.
g. Legal and Procedural Rules: Use is established under the Patrol Rifles Policy. It is the policy of the Chino Police Department to utilize rifles only f or official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

10. Flashbang Devices (Category 12)
a. Description, quantity, capabilities, and purchase cost:

A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations.

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i. Defense Technology Distraction Device Reloadable Body Model 8933. The Low Roll® Distraction Device® is a reloadable gun steel body with hex design. This newest version of the first reusable non -bursting canisters limits movement and rolling once deployed. cost: $58 each, quantity: 50 ii. Defense Technology Distraction Device 12-gram reload Model 8901 used in conjunction with the above reloadable body emits a loud “bang” and a flash of light, cost: $34 each, quantity: 150
iii. CTS Flash-Bang 9Bang Model 7290-9 emits a loud “bang” and a flash of light (9) times, cost: $100 each, quantity: 28
b. Purpose: To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 -8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use: Diversionary Devices shall only be used: By SWAT officers who have been trained in their proper use. In hostage and barricaded subject situations.

In high-risk warrant (search/arrest) services where there may be extreme hazards to officers. During other high-risk situations where their use would enhance officer safety. During training exercises.
d. Expected Lifespan:
i. Defense Technology #8933, 25 Uses
ii. Defense Technology #8901, 5 years
iii. CTS #7209-9, 5 years
e. Fiscal Impact: Annual cost of the program $5,000.
f. Training: The use of these devices is limited to those who have attended certified training course on their proper use.
g. Legal and Procedural Rules : It is the policy of the Chino Police Department to utilize diversionary devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Use of force and Crisis Response Unit policies apply.

11. Explosive Breaching Tools (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Explosive breaching is used to gain rapid access to a room or structure when an emergent law enforcement need exists. All efforts are made to minimize the amount of energetics applied to a target, while still achieving a positive breach.

Explosive breaching materials are used to make breaching charges of various shapes and strength which are specifically designed for the targ et. The materials release gasses, heat, and light when initiated. The pressure from the gasses released presses against mediums and or the target to cause the structure of the target to fail for a successful breach. Breaching charges are specially designed to cause structural failure of the desired target. The breaching charges in stock were built in house by the designated SWAT Team Explosive Breachers. Various types, configurations, and energetic weights are maintained for use as needed. Older charges are cycled out of stock during monthly training. i. 20 pounds of C2 Sheet Explosive PETN, cost: $49.50/ pound. A PETN based sheet explosive.

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ii. 1000 feet, 50 grain per foot, detonation cord PETN, $0.63/ foot. The detonating cord is a thin, flexible plastic tube u sually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high -speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. iii. 50 Non-electric detonators 40-foot #1 delay, $10.75 each iv. 10 PETN slip-on boosters, 20 gram, $5.50 each
b. Purpose: To safely gain entry into a structure when an emergent law enforcement need exists.
c. Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.
d. Expected Lifespan:
i. 50 grain Detonation Cord – 5 years
ii. C2 Sheet Explosive – Until expended
iii. Non-electric detonator – Until expended
iv. Slip-on boosters – Until expended
e. Fiscal Impact: Annual cost of the program $2,000.
f. Training: All Explosive Breachers shall be licensed as a Blaster by Cal-OSHA. All Breachers will attend an approved Explosive Breaching course. g. Legal and Procedural Rules : It is the policy of the Chino Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Use of force and Crisis Response Unit policies apply.

12. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Chino Police Department as a non-lethal tool to disperse subjects engaged in civil unrest, as described by law and AB48 and Government Code 12525.2, as well as barricaded subjects for a legitima te law enforcement purpose. The Chino Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 -Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2 -5 minutes) and respiratory inflammation (subsides in approximately 2 minutes)
i. CTS #5230B – Pyrotechnic grenade designed for indoor use deliv ering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Cost: $35 Each, quantity: 50.

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ii. Defense Technology #1016 – Pyrotechnic canister grenade emitting CS smoke through for 20 to 40 seconds. This is a launchable grenade ; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full -size tactical grenade. May be launched o r hand thrown. Cost: $26.40 each, quantity:

50. iii. Defense Technology #1032 – The design of the Tri -Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. The purpose of the Tri -Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of pot entially violent or dangerous subjects. Cost: $38.40, quantity: 50.
iv. Defense Technology #2262 – The Ferret® 40mm Round is non -burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $23.60, quantity: 100.
v. Defense Technology #6182 Spede-Heat™ - The Spede-Heat™ CS Long- Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat™ is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20- 40 seconds from a single source. Cost: $31 each, quantity: 90. vi. Defense Technology #1026 Triple -Chaser – The Triple -Chaser CE consists of three separate canisters press ed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This is a hand-thrown munition. Cost $38.50 each, quantity:

8. vii. Defense Technology #1080 Riot Control OC - The Riot Control OC grenade is designed specifically for outdoor use in crowd control situations with a high volume of continuous burn that expels its payload in approximately 20-40 seconds through four gas ports locat ed at the top of the canister.

This grenade can be used to conceal tactical movement or to route a crowd.

This is a hand-thrown munition. Cost: #38.50 each, quantity: 5. viii. Defense Technology #6042 Muzzle Blast CS – The Muzzle Blast CS round can be used in crowd management and in tactical operations such as a barricaded subject, room clearing, area denial and for small space contamination. As a pain compliance round it is an excellent device for deploying chemical-laden CS powder at close ranges. This is deployed from a 40mm launcher. Cost: $31 each, quantity: 10.

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ix. Defense Technology #6040 Muzzle Blast OC – The Muzzle Blast OC round can be used in crowd management and in tactical operations such as a barricaded subject, room clearing, area denial and for s mall space contamination. As a pain compliance round it is an excellent device for deploying chemical-laden OC powder at close ranges. This is deployed from a 40mm launcher. Cost: $31 each, quantity: 6.
x. Defense Technology #1097 Rubber Ball CS Blast – The Rubber Ball CS Blast grenade is a maximum effed device that delivers three stimuli for psychological and physiological effects: light, sound, and CS. The Rubber Ball CS Blast combines loud report and flash with effects of chemical agents. This is a hand-thrown munition. Cost: $35 each, quantity: 10. xi. Defense Technology #1082 Riot Control Continuous Discharge CS – The Riot Control Continuous Discharge CS is specifically designed for outdoor use in crowd control situations with a high -volume continuous bu rn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This is a hand -thrown munition. Cost:
$38.50 each, quantity: 5.
xii. Defense Technology #6172 Skat Shell CS – The Skat Shell CS multiple chemical projectile round is designed to deliver multiple CS canisters from a 40mm launcher. It is designed for outdoor use and is widely used for crowd management for the rapid and broad deployment of a chemical agent by a single grenadier. This is deployed from a 40mm launcher. Cost:
$31 each, quantity:
xiii. Defense Technology #6320, 40mm Direct Impact OC. A less lethal 40mm lightweight plastic and crushable foam projectile fired from a 40mm launcher. The 39 -gram crushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40mm Direct Impact OC Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. Cost $31, quantity 5. xiv. Defense Technology #6322, 40mm Direct Impact CS. A less lethal 40mm lightweight plastic and crushable foam projectile fired from a 40mm launcher. The 39 -gram crushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of CS. The 40mm Direct Impact CS Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. Cost $31, quantity 5.
xv. Defense Technology #1092, Han-ball CS. The Han-ball CS is an outdoor use grenade expelling its payload in approximately 15 -20 seconds. The grenade holds approximately 1.6 ounces of active agent which is expelled through three ports around the equator of the ball. Cost $35, quantity 15. xvi. Defense Technology #1073, Maximum HC Smoke. The Maximum Smoke grenade is designed for outdoor in crowd control and expels its payload in approximately 1.5-2 minutes through four gas ports located at the top of the canister. The grenade can be used to conceal tactical movement or route a crowd. This is a hand-thrown munition. Cost $31, quantity 10. xvii. Defense Technology #1017, Pocket Tactical Saf -Smoke. The Pocket Tactical Saf -Smoke grenade is a small and lightweight. It will burn for

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approximately 20 -40 seconds and is normally used as a signaling or covering device. This is a hand-thrown munition. Cost $31, quantity 10. xviii. Defense Technology #6582, 40mm Ground Marker CS 200M. The 40mm Ground Marker munition is designed to deliver an irr itant payload downrange to specified distances. The spin stabilized projectile and smokeless propulsion system produce extremely consistent velocities and range. Applications for this product include crowd control, marking and obscuration. This is deployed from a 40mm launcher. Cost $31, quantity

15. b. Purpose: To be used in response to incidents of civil unrest as described by law and AB48 and Government Code 12525.2, as well as barricaded subjects, critical incidents, CRU operations to enhance officer and community safety. c. Authorized Use: The use of chemical agents will be done so at the direction of a Mobile Field Force Commander or SWAT Commander.
d. Lifespan: The lifespan of each chemical agent is approximately 5 years from the date of manufacture (each munition has it manufacture date affixed). e. Fiscal Impact : No measurable fiscal impact for maintenance. The cost of the program is approximately $4,000.
f. Training: Certified training in the use of chemical agents for each appropriate use in crowd control or by the SWAT team will be completed prior to its use by any department member.
g. Legal and Procedural Rules : Use is described in the Use of Force, Civil Disturbance or Unusual Occurrence Plan, First Amendment Assemblies policies.

It is the policy of the department to use this device only for official law enforcement purposes, and pursuant to State and Federal law.

13. PepperBall Launchers and Munitions (Category 12)
a. Description, quantity, capabilities, and purchase cost:

PepperBall gives law enforcement professionals a powerful, non -lethal option for defense. PepperBall launchers use high pressure air to deliver PAVA (Pelargoinc Acid Vanillylamide) powder projectiles which are similar to a powdered “pepper spray.” The PAVA projectiles deliver kinetic energy impacts as well as the PAVA powder. It is a de -escalation tool to avoid further injuries or lethal options to a subject.
i. PepperBall VKS Carbine launcher. The VKS launcher is the strongest non- lethal consumer device available from PepperBall, it has an effective distance of up to 150 feet. It is powered with a high-pressure air bottle and the rounds are gravity fed through a hopper, or magazine fed. Cost: $1,300 each, quantity: 4.
ii. PepperBall SA -200 Launcher. The launcher is powered with a high - pressure air bottle and the rounds are gravity fed through a hopper. Cost:
$800, quantity: 1.
iii. PepperBall Tac Launcher. The launcher is powered with a high -pressure air bottle and the rounds are gravity fed through a hopper. Cost: $800, quantity: 1.

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iv. PepperBall Live Projectiles. The basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, inter ior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280 -350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft.

The projectile contains 0.5% PAVA Powder. Cost: $900/ per 375 rounds, quantity: 1500.
v. PepperBall Inert Projectiles. The Inert PepperBall projectile contains a harmless scented powder and is designed for direct impact and for training with a PepperBall Launcher, the projectile has a velocity of 280 -350 FPS.

The projectile has a direct impact of 60ft. Cost: $400/ per 375 rounds, quantity: 1500.
b. Purpose: To provide officers with a non -lethal option to deliver a chemical agent and kinetic impact to subjects for a legitimate law enforcement purpose, to affect an arrest, prevent escape or overcome resistance as define by law and department policy. It is a de -escalation tool to avoid further injuries or lethal options to a subject.
c. Authorized Use: Officers may deploy a PepperBall launcher in incidents of civil unrest as described by law and AB48 and Government Code 12525.2, as a non - lethal option to deliver a chemical agent and kinetic impact on subjects who are violent, threatening violence, who are armed, or threatening self -harm, and barricaded subjects.
d. Expected Lifespan:
i. Launchers – 5-10 years.
ii. Live and inert projectiles - 5 years
e. Fiscal Impact : Annual maintenance costs are approximately $50/ launcher.

Annual cost of the program $2,000.
f. Training: The use of these devices is limited to those who have attended certified training course on their proper use.
g. Legal and Procedural Rules : Use is described in the Control Devices and Techniques policy. It is the policy of the Chino Police Department to utilize less- lethal devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

14. Long Range Acoustic Device (LRAD) (Category 13)
a. Description, quantity, capabilities, and purchase cost:

LRAD 100X Portable Hailing System, cost: $6,000, quantity: 1. The Model 100X Portable Hailing System is a self -contained, hand-held, portable communications device for use in on-scene and tactical communications. It has the capability to be 20- 30 dB louder than legacy bullhorns and vehicle-based P.A. systems, while still being 4x- 6x louder and more intelligible than products with a comparable size and weight. Weighing at only 15 lbs. with battery.
b. Purpose: To be used in response to critical incidents or CRU operat ions to enhance officer and community safety, improve scene containment and stabilization. The use of breaching apparatus is for the rapid, positive, and

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dynamic access to an objective in order to bypass obstructions such as walls, doors and windows to gain access to a desired location with legal authority. c. Authorized Use: The LRAD 100X can be used as a public address (PA) system during tactical situations or at large events where its use will benefit the community and public safety.
d. Lifespan: Approximately 10 years.
e. Fiscal Impact: No measurable fiscal impact for maintenance. f. Training: Training in its use will be conducted prior to its use by any department member.
g. Legal and Procedural Rules: It is the policy of the department to use this device only for official law enforcement purposes, and pursuant to State and Federal law.

15. 40mm Projectile Launchers, Specialty Impact Munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:
i. Defense Technology/ LMT, 40mm single -shot laun cher, #1425, cost:
$1000 each, quantity: approximately 50. The 40mm single launcher is a tactical single shot launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
ii. Defense Technology/ LMT, 40mm 4 -shot launcher, #14 40, cost: $1000 each, quantity: approximately 3. The 40mm 4 -shot launcher is a tactical launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
iii. Defense Technology/ LMT, 7 -inch M203 40mm single -shot launcher, #LMP350/L2X1, cost: $1500 each, quantity: approximately 2. The 40mm single launcher is a tactical launcher that will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
iv. Defense Technology #6325, 40mm eXact Impact Sponge Round. A less lethal 40mm lightweight plastic and foam projectile fired from a 40mm launcher. The 40 -gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: approximately 300.
v. Defense Technology #6326, 40mm Direct Impact Marking Round. A less lethal 40mm lightweight plastic a nd foam projectile fired from a 40mm launcher. The 40 -gram foam projectile delivers 120 ft/lbs. of energy on impact and loaded with a green marking agent. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: approximately 5. vi. Defense Technology #6325, 40mm eXact Impact Sponge Round. A less lethal 40mm lightweight plastic and foam projectile fired fro m a single or multi-round purpose built 40mm launcher with a rifled barrel. The 30-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when

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ORDINANCE NO. 2022-007
PAGE 21

fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: approximately 300. b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative indi viduals, riot/crowd control and civil unrest incidents as described by law and AB48 and Government Code 12525.2, circumstances where a tactical advantage can be obtained, potentially vicious animals, training exercises or approved demonstrations. d. Training: Sworn members utilizing 40mm less lethal launchers are trained in their use by POST certified less lethal instructors.
e. Lifespan: Defense Technology/ LMT #1425, 1140, M203: approximately 25 years.

Exact Impact Sponge: approximately 5 years.
f. Fiscal Impact: Annual maintenance is approximately $50 for each launcher. g. Legal and Procedural Rules: Use is established Control Devices and Techniques Policy. It is the policy of the Chino Police Department to utilize the 40mm only for official law enforcement pur poses, and pursuant to State and Federal law, including those regarding the use of force.

MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached low levels, the Department may order up to 30% of stock in a fiscal quarter without City Council's pre-approval to maintain essential availability for the police department's needs.

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: APRIL 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: DEVELOPMENT IMACT FEES, PA RK DEVELOPMENT FEES AND THE

RESOURCES MANAGEMENT PLAN MITIGATION FEES ADJUSTMENT FY 2022-23.

RECOMMENDATION
1) Conduct a public hearing; 2) introduce Ordinance No. 2022 -005 amending Chino Municipal Code Chapters 3.40 and 3.45 (Development Impact Fees) to revise the basis for calculating development impact fees for accessory dwelling units, to be read by number and title only and waive further reading of the Ordinance; 3) introduce Ordinance No. 2022 -006 amending Chino Municipal Code Chapter 3.47 (Preserve Resource Mitigation Plan Mitigation Fee) to increase the amount of the Resources Management Plan Mitigation Fee, to be read by number and title only and waive further reading of the Ordinance; 4) adopt Resolution No. 2022 -026 revising the Citywide and the Preserve Development Impact Fee Nexus Calculation Report & Master Facilities Plan, thereby adjusting the correlating development impact fees based on the new nexus applications related to development, in addition to the adjustment of the Residential Park Development Fees, and adopting a per -acre land valuation for park land citywide and in The Preserve per Title 18 of the Chino Municipal Code.

FISCAL IMPACT
Costs associated with the required backbone facilities necessitated by new development will be offset by the Development Impact Fees paid by developers. Costs of administering the program are recovered through the Administration Fee levied on all Development Impact Fee collections.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Financial Stability
· Responsible Long-Range Planning
· Exemplary Leadership
· Public Service Excellence through Internal and External Partnerships

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BACKGROUND
A Development Impact Fee is a rate charged by government agencies to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project. The legal requirements for enactment of Development Impact Fees (DIF) are set forth in Government Code §§ 66000 - 66025 (the "Mitigation Fee Act"), the bulk of which were adopted in 1987. The Mitigation Fee Act is premised on the concept that new development mitigates its own impacts on the system.

The fees imposed must show a reasonable nexus between the purpose of t he fee, the use of the fee, and the type of development project that the fee is imposed upon.

The City of Chino (City) committed to a major effort to identify all the capital needs through its General Plan build -out and calculated a full schedule of DIFs w ith which to finance the proportional share of the development -generated infrastructure. The first DIF study was prepared by Revenue and Cost Specialists and was adopted in 1989.

A significant update was conducted in 2003, when the City Council adopted Res olution No. 2003-10 updating the existing Citywide DIF Nexus and Calculation Report and correlating Master Facilities Plan specified in Chapter 3.40 of the Chino Municipal Code (2003 Report).

Additionally, in 2004, the City Council adopted Ordinance No. 2 004-13 adding Chapter 3.45 to the Chino Municipal Code implementing The Preserve DIF Nexus and Calculation Report and correlating Master Facilities Plan (2004 Report).

In 2010, the City updated its General Plan incorporating the College Park and The Preser ve Specific Plans, which ultimately changed the land -use designation acreage. Although the City made periodic updates to the existing DIFs over the years to incorporate annual increases to the fees based on the Engineering News Record Construction and Building Cost Indexes for the greater Los Angeles area, staff determined that a comprehensive update of the existing 2003 and 2004 Reports was necessary to incorporate the changes to the land -use designations, in conjunction with any updates to master -planned facilities required through build -out.

Consequently, on February 6, 2018, the City Council adopted Resolution No. 2017 -068 adopting an updated Development Impact Fee Calculation and Nexus Report and correlating Master Facilities Plan (2017 Report).

To continue meeting the basic infrastructure needs of new growth, without unduly burdening the existing population and business community for these development -generated capital costs, staff decided to focus specifically on The Preserve, which is in active develo pment. The Citywide DIF program is essentially built -out with small in -fill projects remaining. However, The Preserve is approximately 50% built -out, so it is critical that the City evaluate and implement changes in The Preserve DIFs now to address any def iciencies in the water, sewer and storm drain categories. Also, due to the increasing construction costs exacerbated by supply chain issues, inflation, and labor shortages, to name a few, it is critical that the City respond swiftly to adjust the existing fees to cover the development -generated capital costs necessitated by new development.

It should be further noted, other development related fees are being included as part of this report such as the Residential Park Development Fees, Resources Management Plan Mitigation Fee and the Accessory Dwelling Unit Fees. These fees are subject to the Mitigation Fee Act requirements and will be discussed in greater detail in the Issues and Analysis section of this report.

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ISSUES/ANALYSIS

THE PRESERVE ANALYSIS
City staff and Proactive Engineering Consultants embarked on a comprehensive analysis of the water, sewer, and storm drain categories in The Preserve DIF program. The analysis includes:

1. Updated Inventory of the Fully Developed and Undeveloped Land in The Preserve

2. Reconciliation of the Offsetting Revenues

3. Updated Preserve DIF Projects & Updated Engineering Cost Estimates

4. New Location Maps Showing Existing and Future Facilities Updated Inventory of the Fully Developed and Undeveloped Land in The Preserve The 2017 Report contains an inventory of the fully developed and undeveloped land in The Preserve. The undeveloped land, referred to as “Potential Development”, forms the basis for the distribution of costs of the service -expanding capital projects. Now that The Preserve is approximately 50% built -out, staff cataloged the existing development through October 2021 and updated the table below to reflect The Preserve’s current development status.

The Potential Development columns in the table above will b e used to distribute the cost of the backbone improvements needed to accommodate development in The Preserve to those generating the need for, and benefiting from, those same improvements (refer to Exhibit 1, titled Appendix B - Expanded Land Use Database “Revised”).

Reconciliation of the Offsetting Revenues
The inventory of developed land in The Preserve initiated the reconciliation of the revenues associated with said developments. As stated previously, DIF is charged by the City to an applicant in connection with an approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project. Also, if, as a condition of approval of a development project, a developer constructs a public facility identified in the 2017 Report, for which a DIF is imposed, then the developer shall be eligible to receive a fee credit toward the DIF imposed on the development project for the same type of public facility so constructed.

Staff audited the DIF c redits issued to developers in The Preserve for the water, sewer and storm drain categories and reconciled the cash payments paid by developers through October

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2021. The aggregate revenue amounts shown in the table below will be deducted from the total cos ts associated with the required projects in each respective category. The remaining project costs will then be allocated across the Potential Development (above) to ensure that City collects enough revenue through build -out of The Preserve.

Offsetting Revenue Water Sewer Storm Drain
Fund Balance $4,237,688 $809,643 $13,336,053
DIF Credits $28,792,808 $3,870,735 $35,782,389
Total $33,030,496 $4,680,378 $49,118,442

The Preserve Basic Capital Needs -Based Impact Cost Schedules attached as Exhibit 2, calculates the DIF that would need to be adopted for the water, sewer and storm drain categories.

Updated Preserve DIF Projects & Updated Engineering Cost Estimates The City’s goal is to set realistic expectations for cost recovery for development -generated capital costs in The Preserve. Staff took the opportunity to thoroughly examine and propose additions and deletions to the existing water, sewer, and storm drain DIF project lists (refer to Exhibit 3, titled City of Chino - Development Impact Cost Calculati on) to guarantee that the critical backbone infrastructure was included and properly estimated to cover costs.

Preserve Storm Drain Facilities . Recently, the City Council approved the Master Plan of Drainage Update - The Preserve (MPD Update). The MPD Update includes revised construction cost estimates for future drainage facilities. These cost estimates have been incorporated into the City’s proposed 2017 Report update. The changes made to the 2017 Report resulted in a fee increase between 8% and 28% across all land use categories.

Preserve Water Facilities . Public Works is close to finalizing an Updated Water Master Plan.

Once the study is adopted by the City Council, staff agreed to complete a new Preserve Water DIF study to derive a new water fee, while incorporating the Updated Water Master Plan components. However, in the interim, staff updated the existing 2017 Report to include the current conditions based on staff’s assessment of what DIF projects still need to be constructed in The Preserve. The changes made to the 2017 Report resulted in a fee increase between 36% and 62% across all land use categories.

Preserve Sewer Facilities. Public Works is currently working on an update to the Master Plan of Sewer, which is still in the modeling phase. In the interim, as part of The Preserve analysis, staff did an extensive overhaul of the existing projects included in the 2017 Report. Several projects were no longer applicable and/or projects did not meet the criteria of the DIF program (serving more than two developments) and were removed; conversely, various projects were added that were not included in the last major DIF update that should have been included that are part of The Preserve’s master system. Due to the added costs from new projects and the lack of prior DIF adjustments, the sewer DIF is increasing over 100% across all land use categories.

New Location Maps Showing Existing and Future Facilities Proactive Engineering Consultants prepared facilities maps for water (potable and recycled), sewer, and storm drain facilities. These maps clearly categorize the existing facilities in red and future facilities in blue. The maps identify pipe segments by reach numbers, which are easily

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identifiable, to facilitate staff in closing out projects moving into t he future. These maps complement the new project lists and updated cost spreadsheets (refer to Exhibit 4, titled Facilities Maps).

ANNUAL ADJUSTMENT CITYWIDE & PRESERVE DIF (EXCLUDING WATER, SEWER AND

STORM DRAIN)
The Preserve water, sewer and storm drain DIF were analyzed separately and calculated based on the new nexus applications related to development as discussed previously. The remaining DIF in the Preserve and Citywide programs will be subject to annual increases per the requirements outlined in the Chino Municipal Code. The Chino Municipal Code provides that each fee imposed by Chapters 3.40 and 3.45 may be adjusted by ordinance or resolution each year by a percentage equal to the various inflation indexes for the greater Los Angeles area for the preceding twelve-months (October to October) and revised periodically to meet new project demands.

The 2017 Report recognizes three major cost indexes listed in the table below, which address differing types of structures and acquisition of goods. It should be noted, the last DIF update occurred in October 2019; therefore, the City is proposing increasing the DIF for the Citywide and the remaining fees in The Preserve per the percentage increases below (refer to Resolution 2022-026 adopting the DIF and other related development fees, which is attached as Exhibit 5).

Cost Index 2019 2020 2021 Increase DIF Categories
Consumer 3.2% 0.7% 5.4% 9.3% Law Enforcement
Building 0.3% 0.1% 10% 10.4% Fire, General, and Public Use Facilities; and Miscellaneous Residential Amenities
Construction 0.1% 0.3% 5.3% 5.7% Transportation, Water, Sewer, and Storm Drain
As per California Government Code 66000 et. seq., DIFs cannot address existing deficiencies.

The proposed DIFs will recognize and accommodate only the needs generated by the City’s growing population and business community. All replacement and rehabilitation activities will be funded from other revenue sources such as the General Fund and other Enterprise Funds.

OTHER RELATED DEVELOPMENT FEES
Accessory Dwelling Units (Citywide and The Preserve DIF Programs) The Governor signed amendments to California Government Code Section 65852.2 (Senate Bill 1069) and related legislation that required local agencies to reduce regulatory constraints for Accessory Dwelling Units (ADUs).

ADUs are structures that are attached or detached from the main dwelling unit that provide independent living facilities for one (1) or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation o n the same parcel as a single -family dwelling unit. ADUs are sometimes referred to as secondary units, granny units, or in -law units. The maximum size for ADUs in the City of Chino is 1,200 square-feet.

In 2019, the City adopted a study that identified the impacts of ADUs and approved a schedule of fees. These rates meet the requirements set forth in the Mitigation Fee Act for charging DIF.

Currently, Chapters 3.40 and 3.45 of the Chino Municipal Code need to be revised regarding the fee calculations for AD Us (refer to Exhibit 6, Revised Ordinance 2022 -005 Development

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Impact Fees - Chapters 3.40 and 3.45). The current ordinance includes a tiered rate methodology based on the size of the unit. The new methodology proposes calculating the ADU fees per square foot for units sized between 751 to 1,200 square feet (refer to Resolution 2022 - 026 adopting the DIFs and other related development fees, which is attached as Exhibit 5).

The proposed rates are as follows:

The Preserve Size (751 - 1,200 SF)
ADU Fee $15.41/SF

Citywide Size (751 - 1,200 SF)
ADU Fee $7.68/SF

Residential Park Development Fees and Parkland Valuation Chapter 18 of the City’s Municipal Code establishes the process for developing park land values throughout the city as well as the cost to construct public parks on a per acre basis. The Municipal Code requires that a land appraisal be performed annually to determine the current park land values for The Preserve and Citywide programs. The cost for construction per acre is calculated by the Municipal Code as 1.12 times the land value(s). Note, the City of Chino has not implemented an increase to the Residential Park Development Fees since 2018.

J. William Murphy and Associates completed appraisal estimates for City -owned park land in the General City and The Preserve areas. The below fair market value land costs encompass the last three fiscal years. The three -year analysis shows the fluctuations in the market and facilitated staff in calculating the fees for Fiscal 2021-22.

Staff reviewed the appraisals and determined that the below per acre amounts appear to be the most appropriate for the purposes of adjusting the fees. Note, the Park Fees are unrelated (but are referenced) to the 2017 Report. The Residential Park Development Fee is adjuste d per the City’s Municipal Code, Title 18, and is included as part of the DIF Fee Schedule (refer to Resolution 2022-026 adopting the DIF and other related development fees, which is attached as Exhibit 5).

The Preserve
Fiscal Year Park Land
Value
Construction
Costs
Park Fee
Single Family
Park Fee
Multi-Family
Current $500,000 $453,308 $10,582 $8,094
2019-20 $775,000 $868,000 $17,991 $13,949
2020-21 $787,500 $882,000 $18,281 $14,174
2021-22 $600,000 $672,000 $13,928 $10,799

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Citywide Park Land
Fiscal Year Park Land
Value
Construction
Costs
Park Fee
Single-Family
Park Fee
Multi-Family
Park Fee
Mobile Home
Current $649,000 $397,768 $11,619 $8,887 $7,663
2019-20 $932,000 $1,043,840 $21,635 $16,775 $14,463
2020-21 $883,000 $988,960 $20,498 $15,893 $13,703
2021-22 $969,000 $1,085,280 $22,494 $17,441 $15,037

Resources Management Plan Mitigation Fee
The Preserve Environmental Impact Report includes the adoption of the Resources Management Plan (RMP) as the biological mi tigation implementation plan for The Preserve. In 2004, the City’s consultant prepared a nexus study and established the RMP Mitigation Fee for projects specified in the RMP Nexus Study.

The current fee is $5,596, which has not been increased since 2007. T he City is proposing to recoup the incremental increases by implementing a 31% fee increase per the construction cost index for the last several years (refer to Ordinance 2022 -006 adopting an increase to the RMP Mitigation Fee, which is attached as Exhibit 7).

CONCLUSION
In conclusion, the adoption of the DIFs contained in the updated 2017 Report would generate enough funds to off -set long term infrastructure development costs throughout the City and to construct the improvements as identified in the 2017 D IF Report update and per the City’s General Plan. The proposed DIFs calculates only the costs of the infrastructure required to support services provided by the City of Chino. The DIFs do not include any additional fees imposed by the School District(s), t he Inland Empire Utilities Agency or any other governmental agency.

Attachments:

Exhibit 1 - Appendix B - Expanded Land Use Database “Revised” Exhibit 2 - The Preserve Basic Capital Needs-Based Impact Costs Schedules Exhibit 3 - City of Chino - Development Impact Cost Calculations Exhibit 4 - Facilities Maps
Exhibit 5 - Resolution 2022-026 Adopting DIF and Other Related Development Fees Exhibit 6 - Revised Ordinance 2022-005 Development Impact Fees Chapters 3.40 and 3.45 Exhibit 7 - Ordinance 2022-006 Adopting an Increase to the RMP Mitigation Fee

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Appendix B (Revised)
Expanded Land-Use Database
Development Impact Cost Calculation
Acres # of Units/SF Acres # of Units Acres # of Units/SF 3,963.0 16,239 1,130.8 8,215 5,093.8 24,454 291.0 6,111 670.7 8,039 961.7 14,150

61.0 766 1.0 13 62.0 779

15.0 225 6.0 338 21.0 563 521.0 8,624,009 291.6 4,286,499 812.6 12,910,508

30.0 496,584 148.1 2,213,086 178.1 2,709,670 2,335.0 47,804,922 867.2 17,321,519 3,202.2 65,126,441 7,216.0 3,115.4 10,331.4
4,315.0 23,116.0 1,802.5 16,267.0 6117.5 39,383

15.0 225.0 6.0 338.0 21.0 563 2,886.0 56,925,515.0 1,306.9 23,821,104.0 4192.9 80,746,619 Acres # of Units/SF Acres # of Units Acres # of Units/SF 3,963.0 16,239 343.2 3,078 4,306.2 19,317 291.0 6,111 90.7 1,451 381.7 7,562

61.0 766 1.0 13 62.0 779

15.0 225 3.0 120 18.0 345 521.0 8,624,009 167.2 2,767,662 688.2 11,391,671

30.0 496,584 40.7 673,707 70.7 1,170,291 2,335.0 47,804,922 371.5 7,605,720 2,706.5 55,410,642 7,216.0 1,017.3 8,233.3
Acres # of Units/SF Acres # of Units Acres # of Units/SF 255.2 1,266 236.9 1,175 492.1 2,441 109.5 999 186.0 1,697 295.5 2,696 101.2 1,000 171.6 1,696 272.8 2,696 185.8 1,989 75.9 812 261.7 2,801 - - 45.5 1,091 45.5 1,091 - - 3.0 218 3.0 218

2.2 27,177 134.8 1,683,739 137.0 1,710,916 - - 107.4 1,539,382 107.4 1,539,382 514.9 8,556,699 38.3 636,381 553.2 9,193,080

0.8 21,946 19.2 500,774 20.0 522,720 1,169.7 1,018.5 2,188.2

Page 156 ends

Dwellings RD/CC - 30 (Attached)
Low Density Residential (Detached)
Medium Density Residential (Detached)
Total General Plan City Limits
Medium Density Residential (Attached)
Dwellings RD-16/20 (Attached)
Commercial Lodging Units
Commercial Retail/Retail
Office Business Park Uses
Industrial Uses
Institutional Uses
Existing Development Potential Development Total General Plan Build-Out Commercial Retail/Institutional
Office/Business Park Uses
Industrial Uses
Total General Plan City Limits
Land-Use Database
The Preserve Area
Total General Plan Build-Out
Detached Dwellings
Attached Dwellings
Mobile Home dwellings
Commercial Lodging Units
Commercial Lodging Rooms
Business Square Feet
Land-Use Database
General City Area
Existing Development Potential Development
Private Residences
Existing Development Potential Development Land-Use Database General City Area & The Preserve
Detached Dwellings
Attached Dwellings
Mobile Home dwellings
Commercial Lodging Units
Commercial Retail/Institutional
Total General Plan Build-Out
Office/Business Park Uses
Industrial Uses
Total General Plan City Limits
Exhibit 1 10.9.a
DIF Nexus & Calculation Report & Master Facilities Plan Packet Pg. 168
Schedule 6.4 (Revised)
City of Chino - Development Impact Cost Calculation
The Preserve Basic Capital Needs-Based Impact Costs
Storm Drainage Collection System Facilities
Fiscal Year 2022-23
Acres # of Units/SF
236.9 1,175 0.740 175.29 21.64 10,260,912.41$ 43,317$ 4.96 8,733$ 186.0 1,697 0.775 144.15 17.80 8,438,019.27$ 45,366$ 9.12 4,972$ 171.6 1,696 0.810 139.00 17.16 8,136,796.91$ 47,414$ 9.88 4,798$

75.9 812 0.810 61.45 7.59 3,597,335.71$ 47,414$ 10.70 4,430$

45.5 1,091 0.810 36.86 4.55 2,157,358.31$ 47,414$ 23.98 1,977$

3.0 218 0.850 2.55 0.31 149,260.92$ 49,756$ 72.67 685$ 134.8 1,683,739 0.830 111.89 13.82 6,549,770.27$ 48,585$ 12,490 3.890$ 107.4 1,539,382 0.840 90.22 11.14 5,280,918.12$ 49,171$ 14,333 3.431$

38.3 636,381 0.850 32.55 4.02 1,905,154.31$ 49,756$ 16,620 2.994$

19.2 500,774 0.830 15.90 1.96 930,892.35$ 48,585$ 26,136 1.859$ 810 100% 47,406,418.60$ Total Preserve Drainage General Plan Projects Office/Business Park Uses
#3 Preserve Specific Plan Area
Remaining Undeveloped Runoff
Coefficient
Total Added
Impervious
Acres
Commercial Lodging Units

Proposed DIF
Fee
Commercial/Retail
Runoff
Coefficient %

Allocation of
Expansion Costs
Cost
Distribution
by Acre

Average Units
or SF per Acre
Low Density Residential (detached)
Medium Density Residential (detached)
Medium Density Residential (attached)
Dwellings RD-16/20 (attached)
Dwellings RD/CC-30 (attached)
Industrial Uses
Institutional Uses
Exhibit 2

10.9.b
DIF Nexus & Calculation Report & Master Facilities Plan Packet Pg. 169
Schedule 7.4 (Revised)
City of Chino - Development Impact Cost Calculation
The Preserve Basic Capital Needs-Based Impcat Costs
Water Source, Storage and Distribution Facilities
Fiscal Year 2022-23
Acres # of Units/SF
236.9 1,175 450 528,750 14.36% 10,977,313.15$ 46,341$ 4.96 9,342$ 186.0 1,697 450 763,650 20.74% 15,854,042.91$ 85,237$ 9.12 9,342$ 171.6 1,696 383 649,568 17.64% 13,485,600.66$ 78,583$ 9.88 7,951$

75.9 812 383 310,996 8.45% 6,456,549.37$ 85,100$ 10.70 7,951$

45.5 1,091 383 417,853 11.35% 8,674,994.29$ 190,659$ 23.98 7,951$

3.0 218 383 83,494 2.27% 1,733,408.58$ 577,829$ 72.67 7,951$ 134.8 1,683,739 3,500 471,835 12.81% 9,795,707.90$ 72,663$ 12,490 5.818$ 107.4 1,539,382 3,000 322,200 8.75% 6,689,154.23$ 62,283$ 14,333 4.345$

38.3 636,381 1,750 67,008 1.82% 1,391,134.39$ 36,332$ 16,620 2.186$

19.2 500,774 3,500 67,060 1.82% 1,392,224.34$ 72,663$ 26,136 2.780$ 3,682,414 100.00% 76,450,129.83$ Total Preserve Water General Plan Projects #2 Preserve Specific Plan Area
Undeveloped GC/CP Water
Allocation
Rate GPD (1)
Cumalative
New Water
Allocation
Allocation of
Expansion
Costs
Percentage of
Added Water
Allocation
Commercial Lodging Units
Cost
Distribution
per Acre

Average Units
or SF per Acre

Proposed DIF
Fee
Low Density Residential (detached)
Medium Density Residential (detached)
Medium Density Residential (attached)
Dwellings RD-16/20 (attached)
Dwellings RD/CC-30 (attached)
Commercial/Retail
Office/Business Park Uses
Industrial Uses
Institutional Uses

10.9.b
DIF Nexus & Calculation Report & Master Facilities Plan Packet Pg. 170
Schedule 8.4 (Revised)
City of Chino - Development Impact Cost Calculation
The Preserve Basic Capital Needs-Based Impcat Costs
Sewer Collection Facilities
Fiscal Year 2022-23
Acres # of Units/SF
236.9 1,175 296 347,800 14.10% 4,298,423.39$ 18,146$ 4.96 3,658$ 186.0 1,697 296 502,312 20.37% 6,208,020.84$ 33,376$ 9.12 3,658$ 171.6 1,696 226 383,296 15.54% 4,737,114.70$ 27,604$ 9.88 2,793$

75.9 812 226 183,512 7.44% 2,268,005.39$ 29,893$ 10.70 2,793$

45.5 1,091 226 246,566 10.00% 3,047,283.10$ 66,973$ 23.98 2,793$

3.0 218 226 49,268 2.00% 608,898.00$ 202,975$ 72.67 2,793$ 134.8 1,683,739 2500 337,025 13.67% 4,165,256.30$ 30,897$ 12,490 2.474$ 107.4 1,539,382 3000 322,200 13.07% 3,982,035.70$ 37,077$ 14,333 2.587$

38.3 636,381 1200 45,948 1.86% 567,866.47$ 14,831$ 16,620 0.892$

19.2 500,774 2500 47,900 1.94% 591,991.03$ 30,897$ 26,136 1.182$ 2,465,827 100.00% 30,474,894.91$ Total Preserve Sewer General Plan Projects Institutional Uses

Allocation of
Expansion

Cost
Distribution
% of Add'l
Sewer

Average Units
or SF per Acre

Proposed DIF
Fee
Cumulative
New Sewer
Demand
Gallons per
Day Demand
Rate
Undeveloped
Industrial Uses
Commercial Lodging Units
Commercial/Retail
Office/Business Park Uses
Dwellings RD-16/20 (attached)
Dwellings RD/CC-30 (attached)
#1 Preserve Specific Plan Area
Low Density Residential (detached)
Medium Density Residential (detached)
Medium Density Residential (attached)

10.9.b
DIF Nexus & Calculation Report & Master Facilities Plan Packet Pg. 171
Schedule 6.1 (Revised)
City of Chino - Development Impact Cost Calculation
Storm Drainage Collection System Facilities
Fiscal Year 2022-23
SD-001 "C" - 10th/9th, 9th - "C"/Chino & Chino - 10th/Central $ 724,447 $ 724,447 100.00% $ 724,447 0.00% $ - 0.00% $ - SD-002 Oaks - 600' NO Edison/Edison & Edison-Oaks/Central $ 1,121,483 $ 1,121,483 40.00% $ 448,593 60.00% $ 672,890 0.00% $ - SD-003 Chino-Oaks/Benson Et Al to Benson-Schaefer/Edison $ 3,250,000 $ 3,250,000 0.00% $ - 100.00% $ 3,250,000 0.00% $ - SD-004 Chino Ave. - Ballesteros/Ramona $ 193,871 $ 193,871 100.00% $ 193,871 0.00% $ - 0.00% $ - SD-005 Philadelphia-Ramona/Norton, Norton-Francis/Chino SD $ 1,300,000 $ 1,300,000 0.00% $ - 100.00% $ 1,300,000 0.00% $ - SD-006 Philadelphia-Bridge/Monte Vista & Monte Vista - Independence/CSB $ 1,786,105 $ 1,786,105 40.00% $ 714,442 60.00% $ 1,071,663 0.00% $ - SD-007 Walnut-Marshall/Yorba & Yorba-Walnut/Riverside $ 2,000,000 $ 2,000,000 100.00% $ 2,000,000 0.00% $ - 0.00% $ - SD-008 Magnolia-Pomona Freeway/Walnut $ 534,758 $ 534,758 100.00% $ 534,758 0.00% $ - 0.00% $ - SD-009 Roswell-Chino/Schaefer, Schaefer-Roswell/NO/Roswell $ 2,000,000 $ 2,000,000 100.00% $ 2,000,000 0.00% $ - 0.00% $ - SD-010 Rancho Del Camino/Cypress $ 112,778 $ 112,778 100.00% $ 112,778 0.00% $ - 0.00% $ - SD-011 Pipeline-Maple/Chino SD @ SR-60 - Del Mar, Silicon & Philadelphia $ 2,065,665 $ 2,065,665 100.00% $ 2,065,665 0.00% $ - 0.00% $ - SD-012 Roswell-Philadelphia/Chino Storm Drain $ 808,680 $ 808,680 100.00% $ 808,680 0.00% $ - 0.00% $ - SD-013 Magnolia Avenue - Salem/Chino, Carissa and Salem $ 690,000 $ 690,000 40.00% $ 276,000 60.00% $ 414,000 0.00% $ - SD-014 Walnut-Lorraine/Ramona & Ramona-Walnut/Riverside $ 922,909 $ 922,909 100.00% $ 922,909 0.00% $ - 0.00% $ - SD-015 3rd - Roosevelt/Riverside $ 533,642 $ 533,642 100.00% $ 533,642 0.00% $ - 0.00% $ - SD-016 East End Drive/Chino-Alicia $ 658,600 $ 658,600 100.00% $ 658,600 0.00% $ - 0.00% $ - SD-017 Rosemary-Germantown/Chino & Chino Rosemary/Cypress Channel $ 490,000 $ 490,000 0.00% $ - 100.00% $ 490,000 0.00% $ - SD-018 Fern - 660' SO Edison/Eucalyptus $ 830,000 $ 830,000 0.00% $ - 100.00% $ 830,000 0.00% $ - SD-019 Mains Adjoining & within College Park (minimum 48") $ 4,612,920 $ 2,691,572 0.00% $ - 100.00% $ 2,691,572 0.00% $ - SD-020 Magnolia Avenue Earthen Channel - Edison/Chino Creek $ 3,400,000 $ 1,559,124 0.00% $ - 100.00% $ 1,559,124 0.00% $ - SD-021 Pipeline Avenue (Line 43-1) $ - $ 1,234,520 0.00% $ - 100.00% $ 1,234,520 0.00% $ - SD-101 Line B (Reach Nos. 107 -129) 8,250,000$ 20,400,943$ 0.00% -$ 0.00% -$ 100.00% 20,400,943$ SD-102 Line C (Reach Nos. 57 - 68) 4,600,000$ 5,426,392$ 0.00% -$ 0.00% -$ 100.00% 5,426,392$ SD-103 Line D (Reach Nos. 25 - 26) 5,753,156$ 5,753,156$ 0.00% -$ 0.00% -$ 100.00% 5,753,156$ SD-104 Line E (Reach Nos. 37 - 56) 4,600,000$ 5,062,961$ 0.00% -$ 0.00% -$ 100.00% 5,062,961$ SD-105 Line F (Reach Nos. 69 -93) 3,200,000$ 7,618,635$ 0.00% -$ 0.00% -$ 100.00% 7,618,635$ SD-106 Line G (Reach Nos. 94 -106) 3,374,128$ 6,491,569$ 0.00% -$ 0.00% -$ 100.00% 6,491,569$ SD-107 Line H (Reach Nos. 5-16 & 18-24) 5,441,114$ 7,026,689$ 0.00% -$ 0.00% -$ 100.00% 7,026,689$ SD-108 Line I (Reach Nos. 1-4) 18,000,000$ 43,195,000$ 58.33% 25,195,000$ 0.00% -$ 41.67% 18,000,000$ SD-109(a) Line J (Reach Nos. 28-33) 2,000,000$ 3,146,750$ 0.00% -$ 0.00% -$ 100.00% 3,146,750$ SD-109(b) Line L (Reach No. 17) -$ 426,250$ 0.00% -$ 0.00% -$ 100.00% 426,250$ SD-110 Water Quality/Detention Basin s/o Kimball (Reach No. 27) 2,696,112$ 12,574,817$ 0.00% -$ 0.00% -$ 100.00% 12,574,817$ SD-111 Water Quality/Detention Basins - Bickmore to Pine (Reach Nos. 34-36) 3,560,576$ 3,664,588$ 0.00% -$ 0.00% -$ 100.00% 3,664,588$ Removed SD-112 12.5 Acre Detention Basin (Site #3) 3,668,634$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed SD-113 21.2 Acre Detention Basin (Site #4) 7,848,240$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed SD-114 24.9 Acre Detention Basin (Site #5) 9,217,980$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed SD-115 1.7 Acre Detention Basin (Site #6) 629,340$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed SD-116 3.1 Acre Detention Basin (Site #7) 1,147,620$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed SD-117 3.1 Acre Detention Basin (Site #8) 1,147,620$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed SD-118 13.8 Acre Detention Basin (Site #9) 5,108,760$ -$ 0.00% -$ 0.00% -$ 100.00% -$ SD-119 Storm Drainage System Land Acquisition 15,839,938$ 12,577,938$ 0.00% -$ 0.00% -$ 100.00% 12,577,938$ Removed SD-120 Interim SR-83 Storm Drain Kimball/Pine 4,000,000$ -$ 0.00% -$ 0.00% -$ 100.00% -$ SD-201 Storm Drainage Master Plan - The Preserve 200,000$ 500,000$ 0.00% -$ 0.00% -$ 100.00% 500,000$ SD-202 Storm Drainage Master Plan - General City Area 100,000$ 100,000$ 0.00% -$ 100.00% 100,000$ 0.00% -$ SD-203 Share of Electronic Field Mapping System 150,000$ 150,000$ 0.00% -$ 32.80% 49,200$ 67.20% 100,800$ SD-204 Additional Storm Drainage Maintenance Vehicles/Equipment 738,412$ 738,412$ 0.00% -$ 32.80% 242,199$ 67.20% 496,213$ SD-205 Share of Common City Service Center Improvements 318,520$ 318,520$ 0.00% -$ 32.80% 104,475$ 67.20% 214,045$ 139,626,008$ 160,680,774$ 23.14% 37,189,385$ 8.72% 14,009,643$ 68.14% 109,481,746$ Revenue
4,209,429$ 0.00% -$ 100.00% 4,209,429$ 0.00% -$ 13,336,053$ 0.00% -$ 0.00% -$ 100.00% 13,336,053$ 35,782,389$ 0.00% -$ 0.00% -$ 100.00% 35,782,389$ 12,956,885$ 0.00% -$ 0.00% -$ 100.00% 12,956,885$ 66,284,756$ 0.00% -$ 6.35% 4,209,429$ 93.65% 62,075,327$ 94,396,018$ 39.40% 37,189,385$ 10.38% 9,800,214$ 50.22% 47,406,419$ *(1) - Ontario's fair-share for the Kimball and Bickmore Avenues Natural Treatment System Basins and Channels, as well as various storm drain lines in the northern portion of The Preserve.

Forward to Schedule 6.2 Forward to Schedule 6.4
Other Funding Sources General City Allocation The Preserve Allocation Total Off-Setting Revenues
Total Net General Plan Project Costs
LESS:

Citywide Development Impact Fee Fund Balance
The Preserve Development Impact Fee "Aggregate" Fund Balance The Preserve DIF Credits Issued
*(1) Contribution from the City of Ontario
Other Funding Resources General City Allocation The Preserve Allocation Subtotal General Plan Total Projects
Project No. Project Titles Original Costs Proposed

10.9.c
DIF Nexus & Calculation Report & Master Facilities Plan Packet Pg. 172
Schedule 7.1 (Revised)
City of Chino - Development Impact Cost Calculation
Water Source, Storage and Distribution Facilities
Fiscal Year 2022-23
WT-001 Two New Wells (Potable) $ 6,500,000 $ 6,500,000 100.00% $ 6,500,000 0.00% $ - 0.00% $ - WT-002 Seven Million Gallon Reservoir (Potable) $ 5,000,000 $ 5,000,000 100.00% $ 5,000,000 0.00% $ - 0.00% $ - WT-003 General City 8" Recycled Water Lines $ 2,391,725 $ 2,391,725 100.00% $ 2,391,725 0.00% $ - 0.00% $ - WT-004 General City 12" Recycled Water Lines $ 5,367,000 $ 5,367,000 100.00% $ 5,367,000 0.00% $ - 0.00% $ - WT-005 General City 18" Recycled Water Lines $ 948,700 $ 948,700 100.00% $ 948,700 0.00% $ - 0.00% $ - WT-006 12" & Greater Potable Water Lines - College Park Area $ 2,408,000 $ 2,408,000 0.00% $ - 100.00% $ 2,408,000 0.00% $ - WT-007 College Park 8" Recycled Water Lines 758,350$ 758,350$ 0.00% -$ 100.00% 758,350$ 0.00% -$ WT-008 College Park 12" Recycled Water Lines $ 864,000 $ 864,000 100.00% $ 864,000 0.00% $ - 0.00% $ - WT-009 Pine 12" Recycled Line, Euclid/El Prado $ 680,304 $ 680,304 0.00% $ - 100.00% $ 680,304 0.00% $ - WT-010 Schaefer - Reservoir #7 to Euclid $ 2,025,000 $ 2,025,000 0.00% $ - 100.00% $ 2,025,000 0.00% $ - WT-101 Potable Wells $ 16,250,000 $ 7,460,106 0.00% $ - 0.00% $ - 100.00% $ 7,460,106 WT-102 Eastside Water Treatment Facility (Phase I ) $ 21,800,000 $ 13,500,000 0.00% $ - 33.90% $ 4,576,500 66.10% $ 8,923,500 WT-103 Eastside Water Treatment Facility (Phase II ) $ 6,500,000 $ 7,712,600 0.00% $ - 33.90% $ 2,614,571 66.10% $ 5,098,029 WT-104 Eastside Water Treatment Facility (Phase III) $ 4,635,000 $ 3,361,414 0.00% $ - 33.90% $ 1,139,519 66.10% $ 2,221,895 WT-105 24" Zone 890 Pipeline $ 3,000,000 $ 3,000,000 0.00% $ - 0.00% $ - 100.00% $ 3,000,000 WT-106 18" Potable Line - Chino - Mountain/Bon View $ 1,341,250 $ 1,341,250 0.00% $ - 0.00% $ - 100.00% $ 1,341,250 WT-107 18" Potable Line - Bon View - Chino/Schaefer $ 382,800 $ 382,800 0.00% $ - 0.00% $ - 100.00% $ 382,800 WT-108 8" Transmission/Distribution Pipelines Potable and Recycled $ 17,000,000 $ 19,837,036 0.00% $ - 0.00% $ - 100.00% $ 19,837,036 WT-109 12" Transmission/Distribution Pipeline Potable and Recylced $ 7,100,000 $ 39,164,852 0.00% $ - 0.00% $ - 100.00% $ 39,164,852 WT-110 16" & 18" Transmission/Distribution Pipeline Potable and Recylced $ 3,800,000 $ 5,618,671 0.00% $ - 0.00% $ - 100.00% $ 5,618,671 WT-111 24" Meadowhouse Avenue - Pine/Bickmore 501,547$ $ 501,547 0.00% $ - 0.00% 100.00% $ 501,547 WT-112 Land Acquisition within the Preserve 11,250,000$ 1,500,000$ 0.00% $ - 0.00% $ - 100.00% 1,500,000$ WT-113 Well Connection Pipelines 3,085,010$ 3,085,010$ 0.00% $ - 0.00% $ - 100.00% 3,085,010$ WT-114 Well Pumping Back-up Power 882,310$ 882,310$ 0.00% $ - 0.00% $ - 100.00% 882,310$ WT-115 Pine Avenue - East Preserve Loop / 800' w/o Hellman 116,000$ 357,280$ 0.00% $ - 0.00% $ - 100.00% 357,280$ WT-116 (RW009) Pine-West From Hellman 207,930$ 289,094$ 0.00% $ - 0.00% $ - 100.00% 289,094$ WT-117 (RW055 & RW056) Euclid - Pine/Bickmore 424,560$ 693,000$ 0.00% $ - 0.00% $ - 100.00% 693,000$ WT-118 (RW057) Euclid- Bickmore/Kimball 381,350$ 826,719$ 0.00% $ - 0.00% $ - 100.00% 826,719$ WT-119 (RW058) Kimball- Euclid/Mayhew 785,700$ 573,650$ 0.00% $ - 0.00% $ - 100.00% 573,650$ WT-120 (RW60) Mayhew Avenue - Bickmore / Kimball 335,530$ 488,469$ 0.00% $ - 0.00% $ - 100.00% 488,469$ WT-121 (RW061) Mayhew Avenue - Pine / Bickmore 348,000$ 478,500$ 0.00% $ - 0.00% $ - 100.00% 478,500$ WT-122 (RW062) NS Chino Corona - Pine / Legacy Park 249,283$ 495,000$ 0.00% $ - 0.00% $ - 100.00% 495,000$ WT-123 (RW070) NS Chino Corona - Legacy Park / EW Chino Corona 417,920$ 681,863$ 0.00% $ - 0.00% $ - 100.00% 681,863$ WT-124 (RW082) EW Chino Corona - Main / Legacy Park 388,068$ 971,850$ 0.00% $ - 0.00% $ - 100.00% 971,850$ WT-125 (RW084) West Preserve Loop - Pine / Bickmore 172,695$ 237,256$ 0.00% $ - 0.00% $ - 100.00% 237,256$ WT-126 (RW085) EW Chino Corona - Westgate / Main 187,084$ 368,363$ 0.00% $ - 0.00% $ - 100.00% 368,363$ WT-127 (RW095) East Preserve Loop - Pine / Market 158,240$ 273,006$ 0.00% $ - 0.00% $ - 100.00% 273,006$ WT-128 (RW099) Hellman Avenue - Market / Legacy Park 288,480$ 376,819$ 0.00% $ - 0.00% $ - 100.00% 376,819$ WT-129 (RW110) Hellman - Pine / Market 172,230$ 219,313$ 0.00% $ - 0.00% $ - 100.00% 219,313$ WT-130 (RW100) EW Chino Corona - NS Chino Corona / Westgate 244,640$ 402,325$ 0.00% $ - 0.00% $ - 100.00% 402,325$ WT-131 Hellman - Legacy Park/EW Chino-Corona Road 358,880$ -$ 0.00% $ - 0.00% $ - 0.00% -$ WT-201 Water Master Plan Update - The Preserve 500,000$ 700,000$ 0.00% $ - 0.00% $ - 100.00% 700,000$ WT-202 Water Master Plan Update - General City 75,000$ 75,000$ 0.00% $ - 100.00% $ 75,000 0.00% -$ Removed WT-203 Radio Read Water Meters 4,000,000$ -$ 0.00% $ - 12.92% $ - 0.00% -$ WT-204 Share of Electronic Field Mapping System 300,000$ 300,000$ 61.83% $ 185,490 12.92% $ 38,760 25.25% 75,750$ WT-205 Additional Water System Maintenance Vehicles/Equipment 1,785,703$ 1,785,703$ 0.00% $ - 33.90% $ 605,353 66.10% 1,180,350$ WT-206 Share of Common City Service Center Improvements 1,172,490$ 1,172,490$ 0.00% $ - 33.90% $ 397,474 66.10% 775,016$ Total 137,540,779$ 146,056,373$ 14.55% 21,256,915$ 10.49% 15,318,832$ 74.96% 109,480,626$ 786,841$ 0.00% -$ 100.00% 786,841$ 0.00% -$ 4,237,688$ 0.00% -$ 0.00% -$ 100.00% 4,237,688$ 28,792,808$ 0.00% -$ 0.00% -$ 100.00% 28,792,808$ 33,817,337$ 0.00% -$ 2.33% 786,841$ 97.67% 33,030,496$ 112,239,036$ 18.94% 21,256,915$ 12.95% 14,531,991$ 68.11% 76,450,130$ Other Funding Sources General City Allocation The Preserve Allocation Forward to Schedule 8.4
*(1) Citywide Development Impact Fee Fund Balance
The Preserve Development Impact Fee "Aggregate" Fund Balance The Preserve DIF Credits Issued
Total Off-Setting Revenues
Total Net General Plan Project Costs
Forward to Schedule 8.2
Off-Setting Revenue
Project Nos. Project Titles Original Costs Other Funding Resources General City Allocation The Preserve Allocation Proposed

10.9.c
DIF Nexus & Calculation Report & Master Facilities Plan Packet Pg. 173
Fiscal Year 2022-23
SW-001 General City 12" and greater Sewer Mains $ 1,832,125 $ 1,832,125 0.00% $ - 100.00% $ 1,832,125 0.00% $ - SW-002 Central Ave. - 600' N/O Francis Ave. $ 400,000 $ 400,000 0.00% $ - 100.00% $ 400,000 0.00% $ - SW-003 Fern Ave. - Riverside Dr. to Chino Ave. $ 500,000 $ 500,000 0.00% $ - 100.00% $ 500,000 0.00% $ - SW-004 Bensen Ave. - SR-60 to Walnut Ave. $ 1,330,000 $ 1,330,000 0.00% $ - 100.00% $ 1,330,000 0.00% $ - SW-005 12th St. - Schaefer Ave. to Edison Ave. $ 550,000 $ 550,000 0.00% $ - 100.00% $ 550,000 0.00% $ - SW-006 Miscellaneous Upsizing $ 1,400,000 $ 1,400,000 0.00% $ - 100.00% $ 1,400,000 0.00% $ - SW-101 Reach No. S01 - Cucamonga Ave. - S/O Chino-Corona Rd. EW $ 237,431 $ 765,187 0.00% $ - 0.00% $ - 100.00% $ 765,187 SW-102 Reach No. S02 - Cucamonga Ave. to Lift Station [inc. w/ SW-104(1) & SW-104(2)] $ 869,130 $ - 0.00% $ - 0.00% $ - 100.00% $ - SW-103 Reach No. S03 - Johnson Ave. (Pine Ave. south to Lift Station) $ 1,584,000 $ 1,637,856 0.00% $ - 0.00% $ - 100.00% $ 1,637,856 SW-104 (1) Reach No. S04 - Chino-Corona Rd. E/W to Legacy Park St. $ 237,431 0.00% $ - 0.00% $ - 100.00% SW-104 (2) Reach No. S04 - EW Chino-Corona Road-Westgate/Main $ 193,742 0.00% $ - 0.00% $ - 100.00% SW-104 (3) Reach No. S04 - East Preserve Loop (EPL) - Legacy Park/Main $ 248,164 $ 1,064,772 0.00% $ - 0.00% $ - 100.00% $ 1,064,772 SW-105 Reach No. S05 - Legacy Park St. (East Preserve Loop to Hellman Ave.) $ 168,521 $ 388,506 0.00% $ - 0.00% $ - 100.00% $ 388,506 SW-106 Reach No. S06 - EPL (Legacy Park St. to Market St.) [inc. w/ SW-104(1) & SW-104(2)] $ - $ - 0.00% $ - 0.00% $ - 100.00% $ - SW-107 Reach No. S07 - Market St. (East Preserve Loop to Hellman Ave.) $ 266,288 $ 376,268 0.00% $ - 0.00% $ - 100.00% $ 376,268 SW-108 Reach No. S08 - Trailblazer Ave. (Innovation St. to Legacy Park St.) $ - $ 125,950 0.00% $ - 0.00% $ - 100.00% $ 125,950 SW-109 Reach No. S09 - Innovation St. (Trailblazer Ave. to Globetrotter St.) $ - $ 34,513 0.00% $ - 0.00% $ - 100.00% $ 34,513 SW-110 Reach No. S10 - Main St. (East Preserve Loop to N/O Legacy Park Rd.) $ - $ 291,775 0.00% $ - 0.00% $ - 100.00% $ 291,775 SW-111 Reach No. S11 - Legacy Park St. (NS Chino-Corona to east) $ 251,114 $ 129,112 0.00% $ - 0.00% $ - 100.00% $ 129,112 SW-112 Reach No. S12 - Westgate St. (Chino Corona Rd. E/W to West Preserve Loop) $ 202,500 $ 345,950 0.00% $ - 0.00% $ - 100.00% $ 345,950 SW-113 Reach No. S13 - West Preserve Loop N/O Westgate 170,573$ 496,031$ 0.00% $ - 0.00% $ - 100.00% 496,031$ SW-114 Reach No. S14 - Chino-Corona E/W (Main St. to west) -$ 195,525$ 0.00% $ - 0.00% $ - 100.00% 195,525$ SW-115 Reach No. S15 -Chino Corona Rd. N/S (Cucamonga Ave. to Legacy Park St.) 382,189$ 521,812$ 0.00% $ - 0.00% $ - 100.00% 521,812$ SW-116 Reach No. S16 - Pine Ave. (Johnson Ave. to Mayhew Ave.) -$ 113,988$ 0.00% $ - 0.00% $ - 100.00% 113,988$ SW-117 Reach No. S17 - Pine Ave. (Mayhew Ave. to Meadowhouse) -$ 493,982$ 0.00% $ - 0.00% $ - 100.00% 493,982$ SW-118 Reach No. S18 - Pine Ave. (MeadowHouse to Rincon Meadows) -$ 569,938$ 0.00% $ - 0.00% $ - 100.00% 569,938$ SW-119 Reach No. S19 - Pine Ave. - Rincon Meadows to Mill Creek -$ 356,922$ 0.00% $ - 0.00% $ - 100.00% 356,922$ SW-120 Reach No. S20 - Pine Ave - Mill Creek to West Preserve Loop -$ 513,672$ 0.00% $ - 0.00% $ - 100.00% 513,672$ SW-121 Reach No. S21 - Pine Ave. - West Preserve Loop to Main St. 224,438$ 505,519$ 0.00% $ - 0.00% $ - 100.00% 505,519$ SW-122 Reach No. S22 - Pine Ave. (Main to East Preserve Loop) 168,521$ 388,575$ 0.00% $ - 0.00% $ - 100.00% 388,575$ SW-123 Reach No. S23 - East Preserve Loop east towards Hellman 292,000$ 359,565$ 0.00% $ - 0.00% $ - 100.00% 359,565$ SW-124 Reach No. S24 - East Preserve Loop (Pine Ave. and southerly) -$ 59,125$ 0.00% $ - 0.00% $ - 100.00% 59,125$ SW-125 Reach No. S25 - Meadowhouse (Pine Ave. northerly) -$ 293,700$ 0.00% $ - 0.00% $ - 100.00% 293,700$ SW-126 Reach No. S26 - Mill Creek (Pine Ave and northerly) -$ 45,375$ 0.00% $ - 0.00% $ - 100.00% 45,375$ SW-127 Reach No. S27 - Rincon Meadows (Pine Ave. to Bickmore Ave.) -$ 305,113$ 0.00% $ - 0.00% $ - 100.00% 305,113$ SW-128 Reach No. S28 - Bickmore (Rincon Measows to Mill Creek) -$ 237,875$ 0.00% $ - 0.00% $ - 100.00% 237,875$ SW-129 Reach No. S29 - Bickmore (Mill Creek to West Preserve Loop) -$ 248,188$ 0.00% $ - 0.00% $ - 100.00% 248,188$ SW-130 Reach No. S30 - West Preserve Loop (Bickmore Ave. to Garden Park St.) -$ 149,875$ 0.00% $ - 0.00% $ - 100.00% 149,875$ SW-131 Reach No. S31 - Garden Park St. (West Preserve Loop to Main St.) -$ 214,500$ 0.00% $ - 0.00% $ - 100.00% 214,500$ SW-132 Reach No. S32 - Main St. (Garden Park St. to north) -$ 138,050$ 0.00% $ - 0.00% $ - 100.00% 138,050$ SW-133 Reach No. S33 - Main St - Garden Park St. to south -$ 44,275$ 0.00% $ - 0.00% $ - 100.00% 44,275$ SW-134 Reach No. S34 - Forest Park St. (Main St. to East Preserve Loop) -$ 172,150$ 0.00% $ - 0.00% $ - 100.00% 172,150$ SW-135 Reach No. S35 - Forest Park St. (East Preserve Loop to east) -$ 326,150$ 0.00% $ - 0.00% $ - 100.00% 326,150$ SW-136 Reach No. S36 - East Preserve Loop (Forest Park St to south) -$ 47,575$ 0.00% $ - 0.00% $ - 100.00% 47,575$ SW-137 Reach No. S37 - East Preserve Loop (Forest Park St. to north) -$ 123,475$ 0.00% $ - 0.00% $ - 100.00% 123,475$ SW-138 Reach No. S38 - West Preserve Loop (Garden Park St. and northerly) -$ 226,600$ 0.00% $ - 0.00% $ - 100.00% 226,600$ SW-139 Reach No. S39 - Mill Creek Ave. (Bickmore Ave. to Kimball Ave.) -$ 263,450$ 0.00% $ - 0.00% $ - 100.00% 263,450$ SW-140 Reach No. S40 - Rincon Meadows (Bickmore Ave. and northerly) -$ 81,125$ 0.00% $ - 0.00% $ - 100.00% 81,125$ SW-141 Reach No. S41 - Main Street (Bickmore/Pine) 173,225$ 249,631$ 0.00% $ - 0.00% -$ 100.00% 249,631$ SW-142 Reach No. S42 - East Preserve Loop (Bickmore/Pine) 99,000$ 173,147$ 0.00% $ - 0.00% -$ 100.00% 173,147$ SW-143 Reach No. S43 - Bickmore (Main/East Preserve Loop) 75,488$ 127,393$ 0.00% $ - 0.00% -$ 100.00% 127,393$ SW-144 Reach No. S44 -West Preserve Loop - Pine to SCE -$ 78,925$ 0.00% $ - 0.00% -$ 100.00% 78,925$ SW-145 Reach No. S45 - Mayhew (Pine Ave. to Bickmore Ave.) 759,000$ 710,944$ 0.00% $ - 0.00% -$ 100.00% 710,944$ SW-146 Reach No. S46 - Mayhew (Bickmore and northerly) 183,595$ 673,337$ 0.00% $ - 0.00% -$ 100.00% 673,337$ SW-147 Reach No. S47 - Bickmore (Mayhew/ 1,230' EO Mayhew) 205,095$ 0.00% $ - 0.00% -$ 100.00% 205,095$ SW-148 Reach No. S48 - Bickmore (Dexter to Osprey) 106,600$ 0.00% $ - 0.00% -$ 100.00% 106,600$ SW-149 Reach No. S49 -Bickmore (Mayhew and westerly) 317,644$ 0.00% $ - 0.00% -$ 100.00% 317,644$ SW-150 Reach No. S50 - Bickmore (Mayhew to Euclid ) 492,834$ 0.00% $ - 0.00% -$ 100.00% 492,834$ SW-151 Reach No. S51 - Un-named street (Euclid to Mayhew) 162,468$ 526,350$ 0.00% $ - 0.00% -$ 100.00% 526,350$ SW-152 Reach No. S52 - Flight Ave - (Kimball to Remington) -$ 276,788$ 0.00% $ - 0.00% -$ 100.00% 276,788$ SW-153 Reach No. S53 - Flight Ave (Remington to North) -$ 176,688$ 0.00% $ - 0.00% -$ 100.00% 176,688$ SW-154 Reach No. S54 - Remington (Flight to Van Vliet) -$ 134,750$ 0.00% $ - 0.00% -$ 100.00% 134,750$ SW-155 Reach No. S55 - Van Vliet (Remington to North) -$ 183,150$ 0.00% $ - 0.00% -$ 100.00% 183,150$ SW-156 Reach No. S56 - West of Hellman (Pine/Bickmore) 112,120$ 460,144$ 0.00% $ - 0.00% -$ 100.00% 460,144$ SW-157 Reach No. S57 - Lift Station and Force Main 8,371,000$ 10,524,576$ 0.00% $ - 20.00% 2,104,915$ 80.00% 8,419,661$ SW-157(1) Expansion of the Sewer Lift Station $ - 403,000$ 0.00% -$ 0.00% -$ 100.00% 403,000$ SW-158 Reach No. S58 - Chino Corona N/S - Legacy Park St. to Pine Ave 300,479$ 338,112$ 0.00% $ - 0.00% -$ 100.00% 338,112$ SW-159 Reach No. S59 - Hellman (Trunk Sewer to Remington) -$ 244,750$ 0.00% $ - 0.00% -$ 100.00% 244,750$ SW-160 Reach No. S60 - Hellman (Remington to Merrill) -$ 210,238$ 0.00% $ - 0.00% -$ 100.00% 210,238$ SW-161 Reach No. S61 - Remington (Hellman to Carpenter) -$ 132,000$ 0.00% $ - 0.00% -$ 100.00% 132,000$ SW-162 Reach No. S62 - Carpenter (Remington to Merrill) -$ 195,525$ 0.00% $ - 0.00% -$ 100.00% 195,525$ SW-163 Reach No. S63 - Street "A" (Cucamonga to Street "C") -$ 117,150$ 0.00% $ - 0.00% -$ 100.00% 117,150$ SW-164 Reach No. S64 - Street "A" (Street "C" to Street "B") -$ 73,838$ 0.00% $ - 0.00% -$ 100.00% 73,838$ SW-165 Reach No. S65 -Street "C" (Street "A" and southerly) -$ 62,425$ 0.00% $ - 0.00% -$ 100.00% 62,425$ SW-166 Reach No. S66 - Street "C" (Street "D" and northerly) -$ 108,350$ 0.00% $ - 0.00% -$ 100.00% 108,350$ SW-167 Reach No. S67 -Street "D" (Street "C" to Street "B") -$ 137,913$ 0.00% $ - 0.00% -$ 100.00% 137,913$ SW-168 Reach No. S68 - Street "B" (Street D and northerly) -$ 156,063$ 0.00% $ - 0.00% -$ 100.00% 156,063$ SW-169 Reach No. S69 - Street "C" (Street "D" and northerly) -$ 74,250$ 0.00% $ - 0.00% -$ 100.00% 74,250$ SW-201 Sewer Master Plan Update 100,000$ 100,000$ 0.00% -$ 100.00% 100,000$ 0.00% -$ SW-202 Share of Electronic Field Mapping System 300,000$ 300,000$ 61.14% 183,420$ 12.94% 38,820$ 25.92% 77,760$ SW-203 Sewer Collection System Maintenance Vehicles/Equipment 583,856$ 583,856$ 0.00% -$ 33.30% 194,424$ 66.70% 389,432$ SW-204 Share of Common City Service Center Improvements 1,836,471$ 1,836,471$ 0.00% -$ 33.30% 611,545$ 66.70% 1,224,926$ Removed Main Street - N/O Bickmore 71,757$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed Bickmore - E/O Main St. 72,512$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed East Preserve Loop (Bickmore North) 71,757$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed Bickmore - E/O East Preserve Loop 191,735$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed Legacy Park -West Preserve Loop/Main 231,660$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed Reach No. S73 - Legacy Park St. - W/O East Preserve Loop 71,757$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed N/S Street W/O East Preserve Loop 76,131$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed E/W Street - East Preserve Loop Westerly 101,000$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed West Preserve Loop - W/O Main/Main 134,791$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed Reach No. S05 - Legacy Park - East Preserve Loop - East 168,521$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed Reach No. S71 - Market St. - West Preserve Loop and Easterly 190,098$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed Market St (Main St. to East Preserve Loop) 190,098$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed Euclid Avenue (Bickmore/SO Kimball) 289,332$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed Bickmore - West Preserve Loop/Main 148,133$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed West Preserve Loop - Southwest Corner (R60) 71,757$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed Main @ The Commons - Bickmore to 500' South (R61) 56,060$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed Main @ the Commons - Bickmore to 500' South (R62) 56,060$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Removed East Preserve Loop - Market to 640' North (R63) 71,757$ -$ 0.00% -$ 0.00% -$ 100.00% -$ Total 27,184,973$ 44,400,522$ 0.41% 183,420$ 20.41% 9,061,829$ 79.18% 35,155,273$ 5,201,966$ 0.00% -$ 100.00% 5,201,966$ 0.00% -$ 809,643$ 0.00% -$ 0.00% -$ 100.00% 809,643$ 3,870,735$ 0.00% -$ 0.00% -$ 100.00% 3,870,735$ 9,882,344$ 0.00% -$ 52.64% 5,201,966$ 47.36% 4,680,378$ 34,518,178$ 0.53% 183,420$ 11.18% 3,859,863$ 88.29% 30,474,895$

Project Nos. Original Costs Proposed Project Titles
Off-Setting Revenue
Other Funding
Resources General City Allocation The Preserve Allocation 192,720$
$ 5,244,441 $ 5,244,441
City of Chino - Development Impact Cost Calculation
Sewer Collection Facilities
Schedule 8.1 (Revised)
Forward to Schedule 8.2 Forward to Schedule 8.4
The Preserve Development Impact Fee "Aggregate" Fund Balance The Preserve DIF Credits Issued
Total Off-Setting Revenues
Total Net General Plan Project Costs
Other Funding Sources General City Allocation The Preserve Allocation Citywide Development Impact Fee Fund Balance
162,468$

10.9.c
DIF Nexus & Calculation Report & Master Facilities Plan Packet Pg. 174

MAYHEW AVE

MAIN STWEST PRESERVE LOOP

MAIN ST

WESTGATE ST

MILL CREEK AVE
24"HELLMAN AVECARPENTER AVEREMINGTON AVE

FLIGHT AVEGROVE AVEHELLMAN AVEEUCLID AVE

STGARDEN

MAYHEW AVE

EUCLID AVE LEGACY PARK ST

VAN VLIET AVEFLIGHT AVEREMINGTON AVE
66"

MILL CREEK AVE (CHINO-CORONA ROAD N/S)
42"EUCLID AVE
42"

ACADEMY STEAST PRESERVE LOOP

AVEPARKDISCOVERY
PARK

CUCAMONGA AVE
STREET "B"

FOREST PARK STFOREST PARK ST
42"
60"

EAST PRESERVE LOOP

PINE AVENUE

BICKMORE AVE
MARKET ST84"

BRIDLEPATHMEADOWS VALLEY

MERRILL AVE
SD001
36"
54"54"
WEST PRESERVE LOOP72"72"36"
54"54"54"
96"
42"60"
CHINO-CORONA ROAD E/W78"90"

PINE AVENUE
48"DOUBLE 8' x 6' RCB
TRIPLE 14' x 8' RCB
96"
96"
84"
96"96"
96"
36"
DOUBLE 4' x 14' RCB
24"24"
48"
42"
36"36"
24"
36" 48"
96"HELLMAN AVE
24"60"78"24"24"24"36"72"36"
24"
54"
42"42"42"
84"
24"36"48"RINCON MEADOWS AVE

DIVERSIONSTRUCTURE

DIVERSIONSTRUCTURE
96"
78"72" 36"
48"CHANNEL VIEW ST24"

PRADOLAKE

WATER QUALITY&DETENTIONBASIN

WATER QUALITYBASINDETENTION BASINDETENTIONBASIN

DETENTIONBASIN

HELLMAN AVE
78"
78"72"
36"30"

13.5' x 6' RCB
24"30"
60"
42"36"36"
54"
72"
24"
SD002
SD003
SD004
SD012SD011SD013SD014
SD006
SD007
SD008
SD016SD009
SD010
SD017
SD015
DOUBLE 8' x 8' RCB
96"
BOTANY ST24"SD018SD01924"SD020
SD022SD023
SD021
SD028SD029
SD032SD033
SD054
SD031
SD055
SD056
30"

MEADOWHOUSE AVE
KIMBALL AVESD025
SD037SD038SD039SD040SD041SD042SD043SD044
SD053SD052SD045SD046
SD051
SD050SD049
SD048SD069ALPINE MEADOWSSD070SD071SD072
SD073
SD057SD067SD058SD059SD060SD062SD063SD064
SD068
SD074SD075SD076SD077
SD078SD079SD080
SD088SD087SD086
SD085
SD091SD092SD093SD081
36"36"
SD083SD084SD094
SD100SD102
SD103SD10436"SD105
SD106SD101
SD122SD123SD124
SD125
SD095SD096
SD097SD098SD099
42"
SD109
SD120
SD121
SD112
SD113
SD114
SD115
SD116
SD117
SD118SD129
SD128
SD110SD111
SD119
SD127
SD126

PINE AVENUE
SD030
48"
60"
96"
SD026SD027
SD034
SD024
14' x 4' RCB
60"60"SD005
SD035SD036
SD082
54"48"SD089
84"90"BICKMORE AVE60"48"
60"3'x4' RCB54" 7'x3' RCB
36"36"
66"72"78"
60"60"
36"30"
30"
SD065
DOUBLE 8' x 8' RCB
DOUBLE 8' x 8' RCB
DOUBLE 8' x 8' RCB 78"90"
96"
SD06154"48"SD066
48"
72" 48"
30"
48"
60"
36"
SD134
SD133
6'x4' RCB
36"48"
72"60"
24"
54"
24"
SD130
SD131SD132
24" SD136
SD136SD136
SD135
SD135
SD137SD137SD137
SD047
90"
12'x4' RCB STREET "C"STREET "B"
STREET "D"
STREET "A"CUCAMONGA AVE96"SD102
SD001
REVISED ON 3/14/2022
SD023

10.9.d
DIF Nexus & Calculation Report & Master Facilities Plan Packet Pg. 175

MAYHEW AVEWEST PRESERVE LOOP

MAIN STWEST PRESERVE LOOP

MAIN ST
WESTGATE ST8"
RW061
RW067
RW066
RW060

CHINO-CORONA ROAD E/W
12"
8"
8"
8"

MILL CREEK AVE
8" 30"

HELLMAN AVECARPENTER AVEREMINGTON AVE

FLIGHT AVEGROVE AVE
RW062
RW022
RW053

HELLMAN AVEEUCLID AVE

STGARDEN

BOTANY ST

MAYHEW AVE

EUCLID AVE

BICKMORE AVE

LEGACY PARK ST
8"

VAN VLIET AVE
RW0518"

FLIGHT AVE
RW050

REMINGTON AVE
RW081
RW086
RW111
RW046

HELLMAN AVE
8"

MILL CREEK AVE (CHINO-CORONA ROAD N/S)
12"
8" 30"

EUCLID AVE
8"8"
8"
8" 8"
8"
12"
12"12"
8"KIMBALL AVE
30"
16" 16"
RW087

PINE AVENUE
RW005

KIMBALL AVE
RINCON MEADOWS AVERW065RW068RW079RW006RW076
RW075RW101RW104
RW073RW078
RW100
RW070
RW085
RW098RW072
RW097RW069

ACADEMY STEAST PRESERVE LOOP

AVEPARKDISCOVERY

HELLMAN AVE
12"
RW021RW020
8"
RW010
RW0118"RW030RW0238" RW018RW019
RW017RW038RW035RW036RW028PARK

CUCAMONGA AVE
STREET "B"RW112
8"
8"
8"

ALPINE MEADOWS AVE

FOREST PARK STFOREST PARK ST
RW0548"RW052
8" 8"
8"
8"8"8"
30"
18"
30"
30"30" 8" 8"
18" 8"
8"
18"
8"8"

EAST PRESERVE LOOP
33"
8"
33"8"
30"
12" 24"24"8"
8"
12"
8"8"
30"30"
12"
RW055 24"
RW084

MEADOWHOUSE AVE
RW059

PINE AVENUE
12"12"RW058
30"
8"
8"
RW041
RW042
RW032
8"RW037RW0298"
8"
8"
8"8"
8"RW090
8"
8"RW071
RW105PINE AVENUE
8"BICKMORE AVE
8"MARKET ST
8"
8"
8"
8" 12"RW080RW08212"
12" 8"
30"
33"12"
30"30"30"30"14"14"14"
12"

YEAGER STAPPROACHAVE BRIDLEPATH
MEADOWS VALLEY8"8"
18"18"18" RW034RW057
8"
8"
12"8"
8"

ABANDONED

ABANDONEDCHANNEL VIEW ST
30"
12"

MERRILL AVE
8"RW013

AUTUMN PATH
12"
RW014
RW014RW012RW049RW048RW047
RW044RW043
RW045
RW033RW031RW040RW039
RW009
RW0158"
RW110RW109RW107RW106RW099
RW083
RW095

CUCAMONGA AVE
STREET "C"STREET "B"
STREET "D"
STREET "A"
8"
8"8"8"
8"
8"
RW114RW115
RW116
RW113
RW001
REVISED ON 3/17/2022
RW023

10.9.d
DIF Nexus & Calculation Report & Master Facilities Plan Packet Pg. 176

PIONEER AVEFERN AVE

MAYHEW AVEWEST PRESERVE LOOPFERN AVE

MAIN STWEST PRESERVE LOOP

MAIN ST
WESTGATE ST12"
DW063
DW012
DW040
DW052DW042
DW002

CHINO-CORONA ROAD E/W
12"
12"
12"
8"

MILL CREEK AVE
8"
12"12"

HELLMAN AVECARPENTER AVEREMINGTON AVE

FLIGHT AVEGROVE AVE
DW053
DW102
DW104DW105

HELLMAN AVEEUCLID AVE

STGARDEN

EAST PRESERVE LOOP
8"BOTANY ST

MAYHEW AVE

EUCLID AVE

BICKMORE AVE HUCKBERRY AVEHARVEST WAY

LEGACY PARK ST
12"

VAN VLIET AVE
DW10012"

FLIGHT AVE
DW099
REMINGTON AVEDW103
DW097
DW069
DW003
DW090
DW028DW010

HELLMAN AVE
DW004
12"12"

CHANNEL VIEW ST

MILL CREEK AVE (CHINO-CORONA ROAD N/S)
12"
8" 12"12" 12"

MEADOWHOUSE AVE
8"12"
12"

EUCLID AVE
12"
12"12" 12"
8"8"
12"
12"
12"MARKET ST
12"12"12"
12"
12"
12"
12"12"12"
12"
12"
12"
12"
DW005DW00612" DW007
24"
KIMBALL AVE12"
DW00812" 12"DW00912"12"DW011
12" 12"
DW01612"
DW017
PINE AVENUE12"12" 12"DW01812"8"
8"
DW015

KIMBALL AVE
RINCON MEADOWS AVE8" 8"
12"12" DW035
DW041DW043DW051
DW054DW055DW058DW059
DW061DW062
DW064DW065
DW067
DW068
DW070DW071DW072DW073
DW074DW075
DW083
DW084DW085DW086DW087 PINE AVENUEPINE AVENUE
12"ACADEMY STEAST PRESERVE LOOP

AVEPARKDISCOVERY

HELLMAN AVE
12"
DW025
12"
12"
12"12"12"
12"
12"12"12"12"12"
12"12"
12"
12"
12"DW026DW02712"12"
12"
12"DW0248"DW030DW022DW0318" DW032DW023
DW033
DW04412"
DW021DW020DW029DW037DW036DW038DW039PARK12"
18"

CUCAMONGA AVE
STREET "B"12"
DW077
DW091
8"8"8" 8"8"8" 18"
8"

BICKMORE AVEALPINE MEADOWS AVE

FOREST PARK STFOREST PARK ST
12"12"12"
DW10612"12"12"DW101
DW098
8"8"12"12"12"8"8"
8"
8"
8"8" 18"DW022
12"
16"
16"
12"MERRILL AVE16"
DW078DW079AUTUMN PATHDW079
8"
12"

BRIDLEPATH
DW076
DW013
DW019DW014DW046DW050
DW001
DW034DW045
DW047DW048DW049DW057DW082DW073DW080DW088
DW056
DW066
DW060

SAN ANTONIO AVE

CUCAMONGA AVE
STREET "C"STREET "B"
STREET "D"
STREET "A"
12"
12"12"8"
12"
12"DW092DW094DW095
DW096
DW093
DW001
REVISED ON 3/17/2022
DW023

10.9.d
DIF Nexus & Calculation Report & Master Facilities Plan Packet Pg. 177

SEWER LIFTSTATION

PIONEER AVE

FERN AVE

MAYHEW AVEWEST PRESERVE LOOPEUCLID AVEFERN AVE

MAIN STWEST PRESERVE LOOPEAST PRESERVE LOOP

MAIN ST

WESTGATE ST

PINE AVENUE
21"
14"
14"16"20"20"
20"
2-16"
2-16"
2-16"
21"
21" 10"10"
10"
8"
8"
15"
16"
S10S1312"
10"
10"S11
S19S20
10"
15"S25 S26
S33S36
S41S42S43
S46 S48
S51
S49
20"
8"
12" 8"10"
10"
10"8"8"
12"18"
16"
8"
10"16"
8"8"
10"
10"

KIMBALL AVE
10"
10"
12"
15"15" 10"12"
10"

MILL CREEK AVE
8"
8"
8" 8" 8"

HELLMAN AVECARPENTER AVEREMINGTON AVE

FLIGHT AVEGROVE AVE
10"
S58
S59
S60S62
S61

KIMBALL AVEHELLMAN AVEEUCLID AVE
MARKET ST10"
10"8"
8"
STFOREST PARK ST12"PARKGARDEN

EAST PRESERVE LOOPALPINE MEADOWS AVE
8"BOTANY STCHANNEL VIEW ST8"15"

MAYHEW AVE

EUCLID AVE
8"

RINCON MEADOWS AVE

BICKMORE AVE
10"
10"8"
12"
S47S50
S14
HUCKBERRY AVEHARVEST WAY12"12"

LEGACY PARK STACADEMY ST
21"
20"
8"
8"

VAN VLIET AVE
S558"

FLIGHT AVE
S53
8"REMINGTON AVES548"
10"
12"S08S09

MILL CREEK AVE (CHINO-CORONA ROAD N/S)
10"

MEADOWHOUSE AVE
8"
8"S52
S12
S02
S03
S17S18 S21 S23S56S27
S15
S40
S04
8"
S01
S04
S04S05
S37
S07
S45
S35S34S32S31
S38
S30S29S28

HELLMAN AVE
8"8"S06
S24PINE AVENUE21"
S39
S22
S16
S57
S57
S57
8"8"
CHINO-CORONA ROAD E/W12"S70
S71S72
S73
S75S74BICKMORE AVE

CUCAMONGA AVE

MERRILL AVE
12" STREET "B"
S76
8"12"8"S63S64
S68
S67
S66S65
S698"
12"CUCAMONGA AVE
STREET "C"STREET "B"8"
8"STREET "D"
STREET "A"
3"FM
S01
PREPARED ON 3/18/2021

10.9.d
DIF Nexus & Calculation Report & Master Facilities Plan Packet Pg. 178
01225.0005/563684.1
RESOLUTION NO. 2022-026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, UPDATING THE 2017 DEVELOPMENT IMPACT FEE NEXUS

AND CALCULATION REPORT AND MASTER FACILITIES PLAN, THEREBY

ADJUSTING THE EXISTING CITYWIDE AND THE PRESERVE

DEVELOPMENT IMPACT FEES , THE RESIDENTIAL PARK

DEVELOPMENT FEES, AND THE FAIR MARKET VALUE FOR ONE ACRE

OF PARK LAND

WHEREAS, the City’s General Plan requires that adequate public facilities and improvements be available to accommodate the needs, demands, and burdens of new development; and

WHEREAS, on May 3, 1988, the City Council adopted Ordinance No. 88-22, establishing a comprehensive system of development impact fees (“Development Impact Fees” or “DIF”) for residential, commercial, and industrial development projects pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq.) to fund the public improvements made necessary by such development projects; and

WHEREAS, the 1988 DIFs were based on a fee study prepared by Revenue and Cost Specialists, LLC (“ RCS”) (then called Management Services Institute), an experienced and reputable expert consultant; and

WHEREAS, RCS performed an update to the citywide fee study in 2003 and produced a separate analysis of DIFs for The Preserve in 2004; and

WHEREAS, the City made minor updates to the citywide and The Preserve DIFs between the years of 2005-2017 as appropriate through resolution; and

WHEREAS, at the City’s request, RCS prepared an updated Development Impact Fee Calculation and Nexus Report and Correlating Master Facilities Plan (“Updated DIF Report”) in 2017, replacing the 2003 and 2004 studies; and

WHEREAS, in 2019, RCS prepared revisions to the Updated DIF Report, to keep current with the State legislation regarding accessory dwelling u nits and updated project costs, and to ensure that appropriate DIFs exist for the current land -uses and development types in the City; and
WHEREAS, to continue meeting the basic infrastructure needs of new growth, without unduly burdening the existing populati on and business community for these development - generated capital costs, staff decided to analyze The Preserve Water, Sewer and Strom Drain DIF categories; and

WHEREAS, due to the increasing construction costs exacerbated by supply chain issues, inflation, and labor shortages, to name a few, it is critical that the City respond swiftly to adjust the existing fees to cover the development-generated capital costs necessitated by new development; and

WHEREAS, City staff prepared a reconciliation of the existing development, project costs, and revenues to ensure that appropriate DIFs exist for the current land uses for the remaining development types in The Preserve specifically (“Revisions”); and

10.9.e
DIF Nexus & Calculation Report & Master Facilities Plan Packet Pg. 179
RESOLUTION NO. 2022-026

Page 2 of 11 ends

Chino City CouncilApril 19, 2022

Chino City Council
April 19, 2022