Agenda packet, first session — Chino City Council, July 19, 2022 (part 2 of 3)

11.6.a
Federal Asset Forfeiture - Equipment Purchase
Packet Pg. 218
Estimate
Date
5/31/2022
Estimate #
627095
Name / Address
Chino PD
4200 Chino Hills Parkway
STE 665
Chino Hills, CA 91709
See Store Hours at Bottom of Page
P.O. No.

RepYear Vehicle Make Vehicle Model Phone Number Color
Signature
_____________________________________
Thank you for the opportunity to serve you. This estimate is valid for 30 days only. Special orders are required to paid in full before item(s) can be ordered. Sale priced items are only valid during the Sale dates of that item. No rain checks are available if the item is sold out.

Total
Subtotal
Sales Tax (7.75%)
Part Number Description Qty Price Total
INSTALL Rear Door Speaker Pod Panels (Custom) 6 Speaker Mounts, Double 6.5" Pods panels and Single Speaker Pod
panels per side, Wire up Power lines for Speaker in rear cargo doors that have RGB Lighting built in and install Speaker lines from 6 Channel Diamond Audio Amplifier,
Install 4 Channel Diamond Audio micro amp to Front
Kenwood Component Speakers and rear coaxial
Speakers. Install DSP Processor to get signal from Stock radio system to supply proper Audio signal to new
amplifiers running 20 speakers (10 Tweeters and 10
Midbass woofers. Install Dampening material on all parts of rear cargo doors and install STUFF Padding
dampening inside behind custom speaker pods. Tune DSP
and amplifiers to optimal sound volume and sound
quality.
1 2,150.00 2,150.00
IHM Installation Materials 8.00% 172.00T

0.00 2,322.00
RPAK4 Rogue 4GA OFC Amp Kit 16.5ft 1 95.00 95.00T
DUDB4 Delta 0/4GA Quad Universal Distribution Block 1 40.00 40.00T PW8RD8250 8 Gauge Oxygen Free Copper (OFC) Copper Wire 10 1.80 18.00T PW8BL250 8 Gauge Oxygen Free Copper (OFC) Wire - Blue 250 Ft 5 1.80 9.00T

Page 2 ends

11.6.a
Federal Asset Forfeiture - Equipment Purchase
Packet Pg. 219
Estimate
Date
5/31/2022
Estimate #
627095
Name / Address
Chino PD
4200 Chino Hills Parkway
STE 665
Chino Hills, CA 91709
See Store Hours at Bottom of Page
P.O. No.

Total
Subtotal
Sales Tax (7.75%)
Part Number Description Qty Price Total

BELOW IS RECOMMENDED OPTION FOR REAR
SYSTEM. CAN RUN DOOR SOUND SYSTEM

WITHOUT KEY IN THE IGNITION AND WILL RUN
INDEPENDENTLY FROM STOCK BATTERY.

Installs two batteries to support playing audio, Inverter Smart Charger for the batteries and an outside flushed
outlet panel to charge the batteries to any 110 Outlet
(Like an RV)
27850B Group 27 - Odyssey Battery 27-850 2 125.00 250.00T HM327BKS Group 27 Snap-Top Battery Box 2 24.00 48.00T
IB200 200 Amp Relay Isolator/Solinoid 1 69.99 69.99T
IBRSSB19 19mm Stainless Round Switch w/Latch and Harness - Blue
1 19.99 19.99T
PM4 100A 110V AC to 12V DC 100 Amp Power Converter
with Built-in 4 Stage Smart Battery Charger
1 426.82 426.82T
GCP1 15 Amp AC Port Plug, 125 Volt Power Inlet Socket, and Waterproof Electrical Outlet Receptacle Box
1 40.00 40.00T
This system upgrades the interior stock sound and adds
an addition system with BT for the rear doors. Also add Roof Mounted Speakers To the top off the Vehicle - these swivel in direction desired. They are removable from
posts when transporting. (Front and rear are two
independent systems)
SOP One Pair Tower style 8" Marine Speakers in Cans and includes Posts
1 1,000.00 1,000.00T

Page 3 ends

$6,679.02
$6,353.27
$325.75

11.6.a
Federal Asset Forfeiture - Equipment Purchase
Packet Pg. 220
MSA Systems, Inc.
1340 S De Anza Blvd., Suite 103
San Jose, CA 95129-4644
Tel: 408-252-9000
Issue Expires
Fax: 408-252-9900 6/28/2022 7/28/2022
SHIP TO: Source Inside Support

Chino PD

SPECIAL INSTRUCTIONS
ID Part Number Description Qty List Price Client Unit Price Client Ext ended Price Zebra Printer and Accessories
1 ZEBRA AIT, PRINTER, ZQ521, MEDIA WIDTH

4.45"/113MM; ENGLISH/LATIN FONTS,
BLUETOOTH 4.1, STND BATTERY, TAA,

US/CANADA CERTS
52 $589.00 $30,628.00
2 ZEBRA AIT, ACCESSORY, KIT, DC-DC
VEHICLE ADAPTER, OPEN ENDED, 12-
24V,QLN/ZQ5/ZQ6 SERIES
52 $32.00 $1,664.00
5 ZEBRA, ONECARE, ZQ510, ZQ520,
ESSENTIAL, PURCHASED WITHIN 30 DAYS
OF DEVICE, 3 DAY TAT NA, MX; 5 DAY TAT
ROW, 3 YEARS, COMPREHENSIVE 52 $150.00 $7,800.00
MSA Systems
California Certified Small Business
Women Owned

TERMS AND CONDITIONS
Services
(Non Taxable)
Service
Contracts
(Non Taxable)
$7,800.00
1) The Customer hereby places an order for and agree s to purchase the above items per the Terms listed below.

Software
2)
Equipment $32,292.00
3)
Subtotal $40,092.00
4)
5) CA Sales Tax
$2,502.63
Ground $0.00
6) The terms of this quote supercede any customer te rms and conditions. 7) Total: $42,594.63 This quotation supercedes any previous written or oral quotations from us. Due to the nature of our industry, pricing and availability are subject to change without notice, therefore, this quotation expires 30 days from the date shown above Price: The above price does not include sales, excise, use, value added tax (vat) and other taxes, levies or fees now in effect or hereafter levied by reason of this transaction. Customer shall pay all such taxes, levies and fees. The Products are being sold hereunder F.O.B., place of shipment.

Customer is liable for all shipping, media and insurance charges for the Products. All payments shall be made in United States dollars.

Payment terms: Invoices not paid within the specified Payment Terms period will incur a 1.5% fee per month. The Customer shall incur a $50 fee for each check returned due to insufficient funds. The Customer shall pay for all collection costs, including attorney fees and penalties as a result of not adhering to the payment terms.

Warranties: We make no warranty, expressed or implied, or indemnity relating to the Products. We assign all warranties, indemnities, and service features relating to the Products directly to Customer.

The following criteria must be met: (a) All returned items must have a valid Return Authorization prior to return - product received without an RMA number or an expired RMA number will be returned unopened, (b) all original manufacturer's packaging (both inside and outside) must be returned, (c) NO writing on any boxes, (d) all manuals, cables, warranty cards, static bag, etc must be included; just as you received them and (e) all product must be clean and without scratches or usage marks of any kind. Credit will be issued only after inspection. Items opened and used are NOT returnable under any condition.

Returns: Software, parts, cables, printer consumables (labels, ribbons, and print heads), TEC and Fujitsu/ICL products are not returnable. All DOA requests must be made within 5 days of receipt; all other RMA requests must be made within 10 days of receipt. All returns/exchanges will incur a minimum restocking fee of 10-25% (varies by manufacturer and condition) or $50, whichever is more.

Quote#
CM-062822-003

SALES QUOTE
Account Manager
Christi CM
Ground unless otherwise specified

SHIP VIA

PAYMENT TERMS
SHIP TO: Quotation Prepared For:

File: Quote Chino PD ZQ521 062822 Page 1 of 1 Confidential

11.6.a
Federal Asset Forfeiture - Equipment Purchase
Packet Pg. 221
Estimate
Date
7/5/2022
Estimate #
18584
Name / Address

CITY OF CHINO
PO BOX 667
13220 CENTRAL AVE
CHINO, CA 91708-0667
ATT: ISAAC MORENO
Ship To

CITY OF CHINO

PW FLEET
5050 SCHAEFER AVE
CHINO, CA 91710
ATT: ISAAC MORENO
10-8 RETROFIT, INC
415 W MAIN ST
ONTARIO, CA 91762
P.O. No.Terms
Net 30
Due Date
8/4/2022
RepModelYear/ Make of Vehicle
Phone #
909-986-5551
Fax #
909-986-5506
E-mail
[email protected] Total
Subtotal
Sales Tax (7.75%)
Item Description Qty Rate Total
MISC. BRACKET TO ATTACH PRINTER TO GAMBER/ HAVIS MOUNT ON DASH
50 10.00 500.00T
WIRE & TERMINAL RELAYS 30 AMP , CIRCUIT BREAKER, FUSES, WIRE, CONNECTORS, ETC.
50 35.00 1,750.00T
LABOR 1 LABOR SHOP- INSTALL PRINTER CRADLE WITH BRACKET.

MOUNT ON HAVIS/GAMBER MOUNTS ON DASH. ( 50 VEHICLES
AT 3 HOURS LABOR EACH) ( INSTALL TO BE DONE AT

CUSTOMERS LOCATION)
50 240.00 12,000.00
QUOTE GOOD FOR 30 DAYS FROM DATE ON ESTIMATE
CALIFORNIA CERTIFIED SMALL BUSINESS #1758177

SALES TAX WILL BE CHARGED ON ANY LABOR FOR VEHICLES WITH FEWER THAN 500 MILES PER CA STATE BOE REGULATIONS
$14,424.38
$14,250.00
$174.38

11.6.a
Federal Asset Forfeiture - Equipment Purchase
Packet Pg. 222

Revenue: 5203100-59500-G4068 Expenditure: 5203100-40000-G4068

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: JULY 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: CALIFORNIA WATER AND WASTEWATER ARREARAGE PAYMENT PROGRAM GRANT ACCEPTANCE.

RECOMMENDATION
1) Accept , approve and appropriate the use of $181,828.87 from grant funds (G406 8) as outlined by the State of California under the California Water and Wastewater Arrearage Payment Program to pay past due monthly bills for waste water service; and 2) authorize the City Manager, or his designee, to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Appropriate revenue and expenditures in the amount of $181,828.87 to the Water Fund 520.

Acceptance of the grant proceeds will allow the City's Water Utility to collect $176,532.88 in wastewater usage charges on behalf of customers that might not otherwise be collected due to COVID-19 related impacts, plus administration charges of $5,295.99.

11.7 CONSENT CALENDAR
Packet Pg. 223
COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: CALIFORNIA WATER AND WASTEWATER ARREARAGE PAYMENT PROGRAM

GRANT ACCEPTANCE
PAGE 2

BACKGROUND
The COVID-19 pandemic has made it challenging for our residents to pay their utility bills due to job loss and other hardships. Through federal funding allocated by the state legislature, the State Water Board has developed the California Water and Wastewater Arrear age Payment Program to provide relief to water systems for unpaid bills related to the pandemic. Funding will cover water debt from residential and commercial accounts accrued between March 4, 2020 and June 15, 2021. The program will cover all wastewater a rrearages for residential and commercial accounts and 3% in administrative costs.

In compliance with the Program guidelines and SB155, staff has offered Chino residents t he opportunity to enroll in a payment plan to aid those in need and decrease their d elinquent balance.

There is a total of 718 accounts that have accrued wastewater debt within the specified time frame of March 4, 2020 and June 15, 2021 that remain outstanding. Of the 718 accounts, there are 688 residential accounts and 30 commercial accounts. The total award is $181,828.87.

Type of Account Number of Accounts Award Amount
Residential 688 $164,961.90
Commercial 30 $11,570.98
Subtotal 718 $176,532.88
Administrative Costs (3%) $5,295.99
Total Award $181,828.87

Any funds received by the City and not credited to customer accounts or used by the City as administrative costs to apply for funding with the California Water and Wastewater Arrearage Payment Program, must be remitted back to the State Water Board within six months of receiving payment. Staff will notify customers in writing of the amount credited and indicate the credited amount is being provided through the California Water and Wastewater Arrearage Payment Program through funding from the State Water Resources Control Board using federal America Recovery Plan Act (ARPA) funds, as is required by the provisions of the grant.

ISSUES/ANALYSIS
Wastewater systems that participate in the Program must:
1) Waive customer late fees for any arrearages accrued during the COVID-19 pandemic bill relief period in their entirety;

11.7 CONSENT CALENDAR
Packet Pg. 224
COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: CALIFORNIA WATER AND WASTEWATER ARREARAGE PAYMENT PROGRAM

GRANT ACCEPTANCE
PAGE 3

2) Allocate payments as bill credits to customer accounts within 60 days of receiving payment;
3) Notify customers of the amount credited, and if splitting the credit between tax years, when the second credit will be applied;
4) Offer to enroll customers with remaining debt into a payment plan by direct notification to each customer;
5) Allow customers 30 days to enroll in a payment plan; 6) Not discontinue water service until the customer defaults on the paym ent plan or misses the deadline to enroll in the payment plan;
7) Not discontinue water service prior to the date established in Health & Safety Code Section 116733.4 (e)(2)(A);
8) Comply with all terms and conditions of payment; and 9) Report on expenditures and customer credits.

Staff believes that the provisions of the grant are acceptable and within normal operating procedures. Therefore, acceptance and application of the grant proceeds is recommended.

RB:hm

11.7 CONSENT CALENDAR
Packet Pg. 225

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: JULY 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-3 IMPROVEMENT AREA 5 FOR MUNICIPAL SERVICES.

RECOMMENDATION
Adopt Resolution No. 2022-051, declaring the City of Chino’s intention to annex Territory to Improvement Area 5 of Community Facilities District No. 2003 -3 for municipal services and schedule a public hearing for Tuesday, September 6, 2022.

FISCAL IMPACT
Annexation of these properties will add an additional $ 46,348, of Special Taxes annually, to be levied within Improvement Area 5 (IA 5) of Community Facilities District No. 2003-3 (CFD 2003- 3) to be used for certain municipal services described in the Resolution of Formation for CFD No. 2003-3.

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

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

Positive City Image
Superior Customer Service
Financial Stability

11.8 CONSENT CALENDAR
Packet Pg. 226
COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-3 IMPROVEMENT AREA 5 FOR MUNICIPAL SERVICES
PAGE 2

BACKGROUND
The City’s General Plan requires the City to ensure that new development within the city has a fiscally neutral effect on the General Fund. That principal has been applied to all new developments in The Preserve.

The City formed CFD 2003 -3 in The Preserve to pay for certain pub lic facilities and necessary ongoing municipal services authorized by the Mello-Roos Act and the formation documents with respect to CFD 2003 -3. In addition, the City formed IA 5 of CFD 2003 -3 for the purposes of levying special taxes exclusively for payment of municipal services and administrative expenses for IA 5 (Note: No public facilities are authorized to be financed through IA 5 and no CFD bonds will be issued payable by IA 5 Special Taxes).

The Rate and Method of Apportionment (RMA) for IA 5 includes the Special Tax rates for residential and non -residential properties. Authorized municipal services payable from IA 5 Special Taxes include maintenance of parkways , operation of storm drainage systems, and public safety services.

ISSUES/ANALYSIS
Several properties owned by Lewis Management Group are now ready to be annexed into IA 5.

These include properties located south of Pine Ave . on the east and west side of Main Street.

These properties have been conditioned to annex into IA 5 and as such have submitted applications to proceed with the annexatio ns. The annexation of these properties will provide funding for necessary municipal services provided to the properties.

The Mello-Roos Act requires the City to adopt a Resolution of Intention to consider annexation of property into the District. The City must also set a public hearing date for no less than 30 days, and no more than 60 days after the date the Resolution of Intention is approved. Prior to the public hearing, a public notice must be published in a local paper at least seven days prior to the public hearing. Additionally, the full notice must be mailed to the property owners prior to the election. After the public hearing has been held, assuming the City Council determines to proceed with the annexation process, an election will be held for the property owners within the territory proposed to be annexed. As there are fewer than 12 registered voters within the territory proposed to be annexed, the election will be a landowner election with each landowner receiving one vote for each acre or fraction thereof owned. Such property owners will cast their ballots which will be counted by the City Clerk, and if the annexation is approved by the property owner(s), the City Council will adopt a resolution declaring the results of the special election and ordering annexation of proposed property to IA 5 of CFD 2003-3 and the recordation of a Notice of Special Tax Lien on such annexed property.

On September 6, 2022, a public hearing will be scheduled to consider the proposed annexation and to hear any property owners or interested parties who wish to speak to the City Council on the proposed annexation. The annexation into IA5 of CFD 2003-3 shall be subject to approval of the qualified electors within the territory proposed to be annexed into IA5 of CFD 2003-3 at a

11.8 CONSENT CALENDAR
Packet Pg. 227
COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-3 IMPROVEMENT AREA 5 FOR MUNICIPAL SERVICES
PAGE 3

special election. The proposed voting procedure shall be by special mail delivered ballots to the landowners in the proposed annexed area of Improvement Area 5 of CFD 2003-3.

Upon adoption of Resolution No. 2022-051, ballots and a waiver form will be prepared and sent to the property owners. The waiver form allows the property owners to waive the standard 90- day waiting period between the calling of the special election and the actual election, along with certain other procedures. Each prope rty owner has agreed to sign the waiver to ensure the election occurs on an expedited basis.

RB/hm
Attachment: Resolution No. 2022-051 (Exhibits A, B, and C) Annexation Map No. 7

11.8 CONSENT CALENDAR
Packet Pg. 228

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARY OF ANNEXATION NO. 7 TO IMPROVEMENT AREA NO. 5 OF COMMUNITY FACILITIES DISTRICT NO. 2003-3, CITY OF CHINO, COUNTY

OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS APPROVED BY THE

CITY COUNCIL OF SAID CITY OF CHINO AT A REGULAR MEETING THEREOF HELD ON THE ______ DAY OF ________________, 2022, BY RESOLUTION NO. ______________________.
_____________________________________

CITY CLERK, CITY OF CHINO
SHEET 1 OF 1
M:\GIS-Assessment\Chino\Chino_CFD2003-3_IA5_Annex7.mxd

MAIN COMET

WALKEREAST PRESERVE
MARKET
PINE

THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL

OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND

DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY
ASSESSOR'S MAPS FOR FISCAL YEAR 2022-23.

ANNEXATION MAP NO. 7

PROJECT

LOCATION

PINE AVE

KIMBALL AVE

BICKMORE AVE
³
COMMUNITY FACILITIES DISTRICT NO. 2003-3
IMPROVEMENT AREA NO. 5

OF THE CITY OF CHINO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

VICINITY MAP

NOT TO SCALE
³
0 500 1,000 1,500
Feet

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE

THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER
__________________________ THIS _____ DAY OF
__________________ 20___ AT __________ M.

IN BOOK _________________ OF _______________________
AT PAGE _________________ AT THE REQUEST OF
_______________________________________ IN THE
AMOUNT OF $_______________________________

BOB DUTTON

ASSESSOR-RECORDER

COUNTY OF SAN BERNARDINO
BY: ______________________________________

DEPUTY RECORDER

THIS MAP SHOWS THE BOUNDARIES OF THE AREA PROPOSED TO BE ANNEXED INTO IMPROVEMENT AREA NO. 5 OF COMMUNITY
FACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO, COUNTY

OF SAN BERNARDINO, STATE OF CALIFORNA, THE BOUNDARIES OF

WHICH COMMUNITY FACILITIES DISTRICT ORIGINAL BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2003-083346 IN BOOK 76 OF

MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 11-17. THE FIRST AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2005-0195713 IN BOOK 78 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 8-14, THE SECOND AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO.
2005-0719640 IN BOOK 78 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 84-90, THE THIRD AMENDED
BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2008-0142286 IN BOOK 83 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 79-85, AND THE FOURTH AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2013-0519677 IN BOOK 86

OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 1-7. ALL MAPS HAVE BEEN RECORDED IN THE OFFICE OF THE

COUNTY RECORDER FOR THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

FILED IN THE OFFICE OF THE CITY CLERK OF CHINO
ON THIS ______ DAY OF _______________ , 2022
BY: _______________________________________

CITY CLERK, CITY OF CHINO
LEGEND

ANNEXATION BOUNDARY

PARCEL BOUNDARY

ASSESSOR'S PARCEL NUMBERXXXX-XXX-XX-XXXX

APN LIST
1057-431-01-0000
1057-431-04-0000
1057-431-05-0000
1057-431-06-0000
1057-431-07-0000
1057-431-08-0000
1057-431-09-0000
1057-441-02-0000
1057-441-03-0000
1057-441-05-0000
1057-441-06-0000

11.8.a
Annexation of Territory into Community Facilities District Packet Pg. 229
1 RESOLUTION NO. 2022-051

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO

DECLARING INTENTION TO ANNEX TERRITORY TO IMPROVEMENT
AREA 5 OF COMMUNITY FACILITIES DISTRICT NO. 2003-3 OF THE

CITY OF CHINO AND ADOPTING MAP OF AREAS PROPOSED TO BE
ANNEXED THERETO (ANNEXATION NO. 7)
WHEREAS, on May 6, 2008, the City Council of the City of Chino (the “City Council”) adopted Resolution No. 2008-21 (the “Resolution of Formation”) to form Improvement Area No. 5 (“Improvement Area 5”) of Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and the Community Facilities District has been established for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City of Chino (the “City”) as a result of the development of said real property; and WHEREAS, in March, 2013, the City annexed certain te rritory to Improvement Area 5 (“Annexation No. 1”), in January, 2019, the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 2”) , on May 22, 2019 the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 3”), on July 2, 2019 the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 4”) , on December 3, 2019 the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 5”) and on April 7, 2020 the City a nnexed certain additional territory to Improvement Area No. 5 (“Annexation No. 6”); and
WHEREAS, the City has received a petition from Homecoming V at the Preserve, LLC, a Delaware limited liability company and Town Center at the Preserve, LLC, a Delaware limited liability company (collectively, the “Owners”), the owners and developers of the territory described in Exhibit A attached hereto (the “Proposed Annexation Area”), requesting that such property be annexed to Improvement Area 5 of the Community Facilities District, and agreeing to the annual levy of special taxes on such property sufficient to pay the costs of such services and costs incidental thereto; and
WHEREAS, the City Council, acting as the legislative body of the Community Facilities District, is authorized by Article 3.5 of the Act to annex territory to Improvement Area 5 of the Community Facilities District by complying with the procedures set forth in said Article 3.5 of the Act;

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:

Section 1. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 of the Act for the annexation to Improvement Area 5 of the Community Facilities District of the Proposed Annexation Area. The City Council determines that the public convenience and necessity require that such Proposed Annexation Area be annexed to Improvement Area 5 of the Community Facilities District.

11.8.b
Annexation of Territory into Community Facilities District Packet Pg. 230
2 Section 2. Name of the Community Facilities District . The name of the existing Community Facilities District is Improvement Area 5 of Community Facilities District No. 2003-3 of the City of Chino, County of San Bernardino, State of California.

Section 3. Description of Territory Proposed To Be Annexed; Annexation Map . The territory which is included in the Community Facilities District is described on the Fourth Amended Map of the Community Facilities District recorded on December 3, 2013 in Book 86 of Maps of Assessment and Community Facilities Districts, pages 1-7, and as Instrument No. 2013-0519677 of the official records of the County of San Bernardino. The Proposed Annexation Area proposed to be annexed to Improvement Area 5 of the Community Facilities District is described in Exhibit A attached hereto and by this reference made a part hereof. Such Proposed Annexation Area is also shown and described on the map thereof entitled “Annexation Map No. 7, Community Facilities District No. 2003-3 Improvement Area 5 of City of Chino, County of San Bernardino, State of California,” which is on file with the City Clerk (the “Annexation Map”).

Section 4. Types of Services ; Incidental Expenses; Plan for Providing Services . The services to be provided and financed by Improvement Area 5 of the Community Facilities District (the “Services”) consist of services permitted under the Act and described in Exhibit A to Resolution N o. 2008-021 of the City Council adopted on May 6, 2008 (the “Resolution of Formation”), including, without limitation, maintenance of parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public s afety services, within or for the benefit of Improvement Area 5 of the Community Facilities District. The Community Facilities District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxe s which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The services described above shall be provided, as needed, throughout Improvement Area 5 of the Community Facilities District and the Proposed Annexation Area for the benefit of all owners of property and residents of Improvement Area 5 of the Community Facilities District and the Proposed Annexation Area, and any other territory annexed thereto. All owners of taxable parcels of property within Improvement Area 5 of the Community Facilities District and the Proposed Annexation Area shall pay special taxes at the same rate to finance the annual cost of providing such services in accordance with the Rate and Method of Apportionment attached hereto as Exhibit C.

Section 5. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services described in Section 4 above and the annual administrative expenses of Improvement Area 5 of the Community Facilitie s District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the Proposed Annexation Area. Pursuant to Section 53340 of the Act, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied agains t any parcel subject to the levy of the special tax be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than ten (10) percent. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit C attached hereto and by this reference made a part hereof. The rate of special tax to be levied on property within the Proposed Annexation Area in any fiscal year to pay the cost of the servic es described in Section 4 above shall be equal to the rate of special tax which will be levied on all other property within Improvement Area 5 of the Community Facilities District to pay the cost of such services in such fiscal year.

11.8.b
Annexation of Territory into Community Facilities District Packet Pg. 231
3 Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the California Streets and Highways Code, the City Council adopts the Annexation Map as the map of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District. Pursuant to Section 3111 of said Code, the Clerk of the City (the “City Clerk”) shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of th e public hearing specified in Section 8 below.

Section 7. Hearing. A public hearing on the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District shall be held at 7:00 p.m. on September 6, 2022 in the Council Chambers of the City Council of the City of Chino, 13220 Central Avenue, Chino, California.

Section 8. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the Act, and shall also give notice of the hearing by first class mail to each registered voter and landowner within the territory proposed to be annexed to the Community Facilities District as prescribed by Section 53339.4 of the Act. Said notice shall (i) be published in a newspaper of general circulation within the City at least seven (7) days prior to the date fixed for the public hearing, (ii) be mailed by first -class to the landowner within the Proposed Annexation Area, and (iii) contain the information required by Section 53339.4 of the Act.

Section 9. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the Proposed Annexation Area to pay for the Services thereof shall be as follows:

1. If at the time of the close of the pub lic or protest hearing (hereinafter referred to as the “protest hearing”) at least 12 persons are registered to vote within the Proposed Annexation Area, the election shall be conducted by the Registrar of Voters of the County of San Bernardino and shall b e held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 of the Act the ballots for the election shall be distributed to the qualified electors of the Proposed Annexation Area by mail with return postage prepaid and the election shall be conducted as a mail ballot election.

2. If at the time of the close of the pr otest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the Proposed Annexation Area, and pursuant to Section 53326 of the Act, the vote is therefore to be by the landowner of the Proposed Annexation Area, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows:
(a) The election shall be held on the earlies t date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 of the Act which may be selected by the City Council, or such earlier date as the Owners of land within the Proposed Annexation Area and the City Clerk agree and concur is acceptable. (b) Pursuant to Section 53326 of the Act, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors within the Proposed Annexation Area waive the time limits for conduc ting the election set forth in said

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4 Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (c) Pursuant to Section 53326 of the Act, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(d) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Divisio n 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Sect ion 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9314 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9315 to 9317, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution and the exhibits hereto; provided, however, that if the vote in t he election is to be by the landowner of the Proposed Annexation Area, such statement, analysis and arguments may be waived with the unanimous consent of all the landowner and shall be so stated in the resolution adopted by the City Council calling the election. (e) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner -voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner -voter is other than a natural person, that he or she is an off icer of or other person affiliated with the landowner -voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner -voter, to vote all votes to which the landowner -voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, an d further certifying as to the acreage of the landowner-voter’s land ownership within the Proposed Annexation Area. (f) The return identification envelope delivered by the City Clerk to each landowner -voter shall have printed or typed thereon the following: ( i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, the date of signing and place of execution of said declaration, and (vi) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(g) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner -voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by

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5 5 o’clock p.m. on the date of the election; provided that the election shall be closed before such hour if the Clerk determines that all qualified voters have voted. (h) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council regarding the results of such canvass and the election.

The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.

PASSED AND ADOPTED by the City Council at a regular meeting held on the 19th day of July, 2022.

CITY COUNCIL OF THE CITY OF CHINO

By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Angela Robles
City Clerk of the City of Chino

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6 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.

CITY OF CHINO )

I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 19th day of July, 2022, by the following votes:

AYES: COUNCIL MEMBERS

NOES: COUNCIL MEMBERS

ABSENT: COUNCIL MEMBERS

ANGELA ROBLES, CITY CLERK

Attachments: Exhibits A, B and C

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EXHIBIT A

DESCRIPTION OF THE PROPOSED ANNEXATION AREA
The property in the City of Chino, County of San Bernardino, California, identified by the San Bernardino County Assessor as Assessor’s Parcel Nos.:

APN NUMBERS

APPROXIMATE

ACREAGE
1057-431-08 9.51
1057-431-09 0.56
1057-441-05 1.07
1057-431-06 0.37
1057-431-07 0.01
1057-441-03 0.03
Total Homecoming at
Preserve

11.55 1057-431-01 11.54
1057-441-02 0.06
1057-431-04 0.13
1057-431-05 0.03
1057-441-06 2.61
Total Town Center at
Preserve

14.37 TOTAL: 25.92

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EXHIBIT B

DESCRIPTION OF PUBLIC FACILITIES AND SERVICES

TYPES OF PUBLIC FACILITIES
No Public Facilities are proposed to be funded by Improvement Area 5 of Community Facilities District No. 2003-3.

TYPES OF SERVICES
The types of Services that are proposed to be provided by Improvement Area 5 of Community Facilities District No. 2003-3 and funded with the proceeds of special taxes levied by Improvement Area 5 of Community Facilities District No. 2003-3 consist of services permitted under the Mello- Roos Community Facilities Act of 1982 including, without limitation, maintenance of parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of Improvement Area 5 of Community Facilities District No. 2003- 3, and any territory annexed thereto.

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EXHIBIT C

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-3

OF THE CITY OF CHINO
(Improvement Area No. 5)
The following sets forth the Rate and Method of Apportionment for the levy and collection of Annual Special Tax A in Improvement Area No. 5 of the City of Chino (“City”) Community Facilities District No. 2003-3 (“CFD No. 2003-3”). An Annual Special Tax A shall be levied on and collected in Improvement Area No. 5 of CFD No. 2003-3 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within Improvement Area No. 5, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

SECTION A

DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Ac reage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer.
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses ” means any ordinary and necessary expenses allocable to the Special Tax A Requirement which are incurred by the City on behalf of Improvement Area No. 5 related to the determination of the amount of the levy of Special Tax A, the collection of Special Tax A including the expenses of collecting delinquencies, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of Improvement Area No. 5, and costs otherwise incurred in order to carry out the autho rized purposes of CFD No. 2003-3 relating to Improvement Area No. 5.
“Annual Special Tax A” means the Special Tax A actually levied in any Fiscal Year on any Assessor’s Parcel.
“Apartment Property” means all Assessor’s Parcels of Residential Property on which one or more Apartment Units are constructed. In cases where an Apartment Unit has been included in its own Assessor’s Parcel through the recordation of a condominium map or similar instrument that creates individual lots for which building permits may be issued without further subdivision, each Assessor’s Parcel associated with an individual lot created will be classified as Apartment Property and taxed accordingly, unless a Builder Notice has been filed with the City, in which case, each Assessor’s Parcel associated with an individual lot created will be classified as Single Family Property and taxed accordingly.
“Apartment Unit” means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management.

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“Approved Property” means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before March 1 st preceding the Fiscal Year in which the Special Tax A is being levied. “Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number within the boundaries of Improvement Area No. 5. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Builder Notice” means a certified written notice to the Finance Director of the City filed by the owner of the Assessor’s Parcels within a Final Map at or prior to the time the Final Map is recorded stating that residential uses, other than Apartment Units, are planned to be constructed within such Final Map area.
“Building Square Footage” or “BSF” means the square foo tage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor’s Parcel and subject to verification by City Staff.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD No. 2003-3” means Community Facilities District No. 2003-3 established by the City under the Act.
“City Council” means the City Council of the City of Chino, acti ng as the Legislative Body of CFD No. 2003-3, or its designee.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to March 1 st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) a building permit was issued on or before March 1 st preceding the Fiscal Year in which the Special Tax A is being levied. “Exempt Property” means all Assessor’s Parcels designated as being exempt from Special Tax A as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period commencing July 1 of any year and ending the following June 30.

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“Improvement Area No. 5” means Improvement Area No. 5 of CFD No. 2003-3, as identified on the third amended boundary map for CFD No. 2003-3.
“Maximum Special Tax A” means the Maximum Special Tax A, determined in accordance with Section C that can be levied by CFD No. 2003 -3 within in any Fiscal Year on any Assessor’s Parcel.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for any type of non-residential use. “Proportionately,” in the case of Special Tax A, means that the ratio of the Annual Special Tax A levy to the applicable Maximum Special Tax A is equal for all applicable Assessor’s Parcels. “Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. “Services” means services permitted under the Mello -Roos Community Facilities Act of 1982 including, without limitation, maintenance o f parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2003-3.
“Single Family Property” means all Assessor’s Parcels of Residential Property other than Apartment Property.
“Single Family Unit” means a dwelling unit other than an Apartment Unit. “Special Tax A” means any of the special taxes authorized to be levied within CFD No. 2003-3 pursuant to the Act to fund the Special Tax A Requirement. “Special Tax A Requirement” means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2003 -3 in both the current Fiscal Yea r and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) Services, and (ii) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
“Taxable Property” means all Assessor’s Parcels within Improvement Area No. 5, which are not Exempt Property.
“Undeveloped Property” means all Assessor’s Parcels of Taxable Property which are not Developed Property or Approved Property.

SECTION B
CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2008 -09, each Assessor’s Parcel within Improvement Area No. 5 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as D eveloped Property, Approved Property, or Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property shall further be classified as Residential Property or Non -Residential Property. Lastly, each Assessor’s Parcel of Residential Proper ty shall further be classified as Single Family

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Property or Apartment Property, and the Building Square Footage of each Single Family Unit or Apartment Unit within each such Assessor’s Parcel shall be determined.

SECTION C

MAXIMUM SPECIAL TAX A

1. Developed Property
Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property for each Land Use Type is shown below in Table 1.

TABLE 1
Maximum Special Tax A for Developed Property

Land Use Type Building Square Footage Rate
Single Family Unit Less than 1,050 $223 per Unit
Single Family Unit 1,050– 1,199 $242 per Unit
Single Family Unit 1,200 – 1,349 $261 per Unit
Single Family Unit 1,350 – 1,499 $280 per Unit
Single Family Unit 1,500 – 1,649 $299 per Unit
Single Family Unit 1,650 – 1,799 $319 per Unit
Single Family Unit 1,800 – 1,949 $339 per Unit
Single Family Unit 1,950 – 2,099 $359 per Unit
Single Family Unit 2,100 – 2,249 $379 per Unit
Single Family Unit 2,250 – 2,399 $399 per Unit
Single Family Unit 2,400 – 2,549 $419 per Unit
Single Family Unit 2,550 – 2,699 $439 per Unit
Single Family Unit 2,700 – 2,849 $459 per Unit
Single Family Unit 2,850 – 2,999 $479 per Unit
Single Family Unit 3,000 – 3,149 $499 per Unit
Single Family Unit 3,150 – 3,299 $519 per Unit
Single Family Unit 3,300 – 3,449 $540 per Unit
Single Family Unit 3,450 – 3,599 $561 per Unit
Single Family Unit 3,600 – 3,749 $582 per Unit
Single Family Unit 3,750 or Greater $603 per Unit
Apartment Unit Less than 850 $108 per Unit
Apartment Unit 850-1,049 $123 per Unit
Apartment Unit 1,050 or greater $138 per Unit
Non-Residential Property N/A $1,450 per Acre

2. Approved Property and Undeveloped Property
No Special Tax A shall be levied on Approved Property and Undeveloped Property.

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SECTION D

METHOD OF APPORTIONMENT OF THE MAXIMUM SPECIAL TAX A
Commencing with Fiscal Year 2008-09 and for each following Fiscal Year, the City shall levy the Special Tax A at up to 100% of the applicable Maximum Special Tax A, Proportionately on each Assessor’s Parcel of Developed Property until the amount of Special Tax A equals the Special Tax A Requirement.

SECTION E

PREPAYMENT OF ANNUAL SPECIAL TAX A
The Special Tax A cannot be prepaid.

SECTION F

TERM OF SPECIAL TAX A
For each Fiscal Year, the Special Tax A shall be levied in perpetuity as long as the Services are being provided.

SECTION G

EXEMPTIONS
The City shall classify Exempt Property within Improvement Area 5 as (i) Assesso r’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship a nd are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners’ association, (iv) Assessor ’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses or classifie d as Agricultural Buffer Property, or (vi) other types of public uses determined by the City Council.

SECTION H

APPEALS
Any property owner claiming that the amount or application of the Special Tax A is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax A that is disputed. A representative(s) of CFD No. 2003-3 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax A, and rule on the appeal. If the representative’s decision requires that the Special Tax A for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shal l not be made, but an adjustment shall be made to the Annual Special Tax A on that Assessor’s Parcel in the subsequent Fiscal Year(s).

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SECTION I

MANNER OF COLLECTION
The Annual Special Tax A shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2003 -3 may collect the Annual Special Tax A at a different time or in a different manner if necessary to meet its financial obligations.

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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: JULY 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

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

SUBJECT: PUBLIC IMPROVEMENT AGREEMEN T FOR THE ASSISTED LIVING

FACILITY AND COMMERCIAL DEVELOPMENT ON PHILADELPHIA STREET (PL19-0079).

RECOMMENDATION
1) Approve a Public Improvement Agreement with Chino Villa, LLC for the construction of public improvements located on Philadelphia Street; and 2) authorize the City Manager to execute the necessary documents on behalf of the City.

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:
• Positive City Image
• Responsible Long-Range Planning

11.9 CONSENT CALENDAR
Packet Pg. 244
COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT FOR THE ASSISTED LIVING FACILITY AND COMMERCIAL DEVELOPMENT ON PHILADELPHIA STREET (PL19-0079) PAGE 2

BACKGROUND
Chino Villa, LLC (the developer) submitted a Site Approval application (PL19 -0079) to construct two office buildings, an assisted living/memory care facility, and a future commercial pad. The two office buildings are intended to be for medical office us es. The assisted living/memory care use also required approval of a Special Conditional Use Permit (SCUP) (PL19 -0080) in the Commercial General (CG) zoning district. Both PL19 -0079 and PL19 -0080 were approved by Planning Commission on December 7, 2020.

The Conditions of Approval for PL19 -0079 require the developer to enter into a Public Improvement Agreement with the City and post the necessary securities to ensure the timely delivery of the public improvements located on Philadelphia Street (Exhibit A). T he required public improvements include, but are not limited to curb and gutter, sidewalk, asphalt concrete overlay, streetlights, parkway landscaping, signing and striping, traffic signal interconnect, sewer, storm drain, and domestic water. The public im provements shall be designed and constructed to meet all accessibility requirements.

ISSUES/ANALYSIS
To guarantee the completion of said improvements, the developer has submitted the Public Improvement Agreement and the necessary bonds to the City. Additio nally, the City Attorney has reviewed and approved the agreement and bonds.

The required public improvements consist of infrastructure needed to serve the general public, such as curb and gutter, sidewalk to comply with accessibility standards, which will help promote a positive city image and demonstrate responsible long -range planning when completed and accepted by the City.

The project is exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15332, Infill Development Projects.

Attachments: Exhibit A - Project Location Map
Exhibit B - Public Improvement Agreement

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Bond No.:

Contract No,:

Approved:

Premium $12,752.00
4454704
(oFF-SITE IMPROVEMENTS FOR SITE APPROVAL PL 19-0079)
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and CHINO VILLA. LLC, hereinafter designated as'PRlNCIPAL," have entered into an agreement whereby Principal agrees iolnstall and complete certain designated public improvements, which said agreement, dated J!)yJW., and identified as Project Name PL!-9-007.9,, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW THEREFORE, we, the Principaland sureTec lnsurance company , as surety, are held and firmly bound unto the City of Chino in the pen-l sum of Sixtv Hundred Fiftv Thougand One Hundfed DollSrg ($650.100.00) lawtut money of th6 UniteO States, for the payment of which sum well and truly to be made, we bind ;uts3lves, oui heirs, succeisors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and proiisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at thstime and in the manner therein specified, and in all respects according to iheir true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employe6s, as therein stipulated, then thii obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As parl of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reisonable expenses and fees including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agre6ment oi to ihe work to be performed thereunder or the specifications accompanying the same shall in any wa-y affect its obligations on this bond, and it does hereby waive notice of any- such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications. lN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on June 171h,2022
SureTec lnsurance ComPanY
Chino Villa LLC

PRINCIPAL SURETY
@eylnFact
By:By:

SIGNATIJ RES MUST BE NOTARIZED

11.9.b
PIA - Chino Villa, LLC (PL19-0079)
Packet Pg. 286
Krtotu All Men bY I'hesa Presenls,
existitig under the laws of the State
nirrke, c<lrtstitute and aPPoint
510128
SureTec Insuranee ComPanY
LIMITF]D POWIIR. OH ATTORNTTV.

That SURETEC INSURANCE COMpANY (the "CotYrpany"), a cotporation duly organized and Jf.*ur, and having its principal office in I{ottston, Harris County, Texas, does by these presents Todd CadY
its true arrd lalvful Attorney-iu-t'act, with fuIl power arrd authority hereb),conlerrecl in its name, place and stead, to execute' acknolvledge and deliver any and all bonds, recognizanccs, undertakings or other instrun1.,1t, or contracts of suretyship to inciude waivers to tlte i"ra ri" "' "; ;";;; ""
J
-.1.'"i.
"t',?,'J"';,il::iTrl ;:Hil] ff il:.;-"
ancltobirrdthecornpanyther.ebyasfully andtothesamcextcntasilsuchbondwere.slgne<ihythePresidetrt,sealedwiththe cotporate seal olthe company aud duly attested uy its secr€ia,!, he.eby ratilying and conflrrning utt ttut the saicl Attorney-in'Fact may do in the prernises. Said appointrneni ls' *uJ" undu un,i uy *,tr,oriry of the Iollowing lesolulions of the floard of Directors of the sure'lec Insurance CornpaltY:

Be it llesolved,that the president, any Vice-president, any Assistanr Vicc-Presidont. any Secretary or any Assistant Secretary shail be and is , hereby i,este4 with lull power and authority.to appoint any olle or morc suitable pcrsotrs as Attorney(s)-in'Fact to represeot and act for and on behali'of the Cotnpany strbiect to the following provisions:

Attorne),in-F,act may, be given full po*., ona authorit.v fbr arrd in.thc name of and of behalf of rhe Company, to eNecute' acknorvledge and deliver, any and all bonds, r.ecognizanees, .uniro.u, ugi..ments or "d;ii; una ntr',*r conditional or obligatory undettakings and arry and all notices autl .ocunrents oauceling or terminating the conrpany's liabiliry iheleunder, anct any such irtsirurnents so oxecuted by any such Attorncy-in-Fect slrall 5c binding upon tr,. c'"rp?'r.. u. ir riln"o by rhc,I'residcnt and sealect and ellecte<J by the corporate secretaty' lle it llesolved,that the signature ot'any authoriiutl ofticeili.t *",r1 ot'tl,"j i:ourpany horetofor'c or herenfer altixed to arly power of rtttorney or 1999.)
In lyitstess ll/hereof,SuRETEC INSUIL{NCE COMpANY has caused these presents ro be signed by irs Presicieut, aucl its corporate seal to be hereto a$ixed this trtr' day of ruou'r A'D' zozo
State ol1'6xas
County of Harris
ii".li .r nir..,";;;i;i; i:o'npuny; ancl that he sigrred his name thereto by Iike order' STIRETEC INSURANC$ COMPANY
Tanya Snced,
My comrnission March 30,2023
on this rzrn tiay of n,surr A,l), 2020 before nre personally ca[re ]vlichacl-c Kcinrig, to me known, who. being by me dtrly sworu, clid depose gl)d say' instrumeut; that he knows thc seal ofsaid companvt ,rlui,t. i.ur affixed ro said instnrnrent is such corporate seali that it rvas so affixed hy or<ler ofthe orrt irr r6e power of Atior,''+;:arc in irrll forcu und oit'cct. .- |L j /.t Given un<ier nry hand arrd the seal of said cotnpany at l'lotrstott,'l'exas this IJ-, :tf "'-,rfj-?9r- -' "-{u29*"' o'o' Michael C. Keimig, P
TANYASI"IEED
lhlrolft&l{c;$$dndtls
ConrrtE$ts0#glBE}
ilttaty lD 1?86,1231
Any ihstfumont lssUed ln excess of the penalty stated above is totally void and wlthout any' validity' {0128 For vnrtflca*or,r of the authority of this power yo, ,r;;;ll 171iiifl'6aOO any business Oal Uetwein 8:30 am and 5:00 pm C$T'

11.9.b
PIA - Chino Villa, LLC (PL19-0079)
Packet Pg. 287

CKNOWLEDGMENT
Optional lnformation
li'l.?,['Jil!; S:[iiTiiil{i'Hil-rll3!J:!'X\';1',1';3,1J,!1t,il:T'lflgi:?j].'i.j3JJ"Jl,l?-*u,.rnd rearrachment orthis acknowredsmcnt to an .j\ i ti lt il,t i r. i, rl tIr, I,t rl; ti il,. I !
_ry19!h 9! or!! s] q !.1 euitl-qqlls n
Proved to me on the basis of satisfactory eviclence:

O fornr(s)ofidentification (J crecliblewitness(es)
Norarial event is detailecl in notaryjournal on:conraining pages, and dated Page il Notary contact:

Otlrer
Entry,t
The signer(s) capacity or authority islare as:

L-l lnclividualG)
[-J Attonrey-in-ract
l-.1 corporate office(s) -_ f-J A(l(Jirional signer(s) n Stgner(s) ihurnbprint(s) fl
[-] Guardian/Conservator
i--l P.rrtner - Limited/Gbneral
l...1 TrusteeG)
[-J other,
representing:

Narnch) of persoi(ii
"i riit,ryr,*iiis;-c,-isi[i;;;;iii,;t
?:t gp_lio_lgr l$Sl, go Do c u m e nt
Th e p reced i n g cert i fi ca te';f Ail;;Jg, ;"; i; ;i;;"J ;;;; r;;, titled/for the purpose of
fr I liillfili f,f; rll[fr r3T^
the truthfuhieii,
the document tb which rhis aaltlnliii: iiiitaci'ejiiiijnot0r valldity of that docurnent, - - ---"- vv, q' '!v
state of california
county
"r San )te6o
o^ 6fi7f LL berore me,
personally appeared
I certify under PENALTY OF PERJURy
State of California that the foregoing
my hand and official seal.
underthe laws of the
paragraph is true and correct.
(5eal)
(here insert rr,trrre arr(l tltle of the

JUSTIN RYAN OLSEN
COMM. #2282818 z
Notary Public . Callfornia A
San Dlego County T
oCopyright2007-20t/ Not.rynorary,pOBox4)40O,DesMoines.tAS03il_0502. A[Rtglrrstteserved ItemNumberl0lTT2, Please(onlactyorrrAuthorize(,ltcscllertopurahosecopieroIlhisform

11.9.b
PIA - Chino Villa, LLC (PL19-0079)
Packet Pg. 288
Premium lncluded in Performance Bond
4454704LMBond No.:

Contract No.:

Approved:

LABOR AND MATERIAL BOND
(oFF-SITE TMPROVEMENTS FOR SrTE APPROVAL PL 19-0079)
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and CHINO VILLA, LLC, hereinafter designated as "PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated J-UIL!_9-2022, and identified as Project Name PL 19-0079, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 1 5 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

NOW THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of.

Three Hundred Twentv-Five Thousand One Hundred Dollars ($325,100.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment lnsurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, othenryise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. lN WTNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, June'l7lh2022
Chino Villa LLC SureTec lnsurance Company

PRINCIPAL SURETY
Todd Cady Attorney ln Fact
srGruAruRE(s) MUST BE NOTARIZED
By:By:

Rev.04/2019) Page 1 of 1

11.9.b
PIA - Chino Villa, LLC (PL19-0079)
Packet Pg. 289

WLEDGMENT
Optional Information
lilf,l,,xlU!; g:l?;l'liifr'H:;i,:lg! [:,",l ',11y.",',?3 lr,iihl.""#lflgit?l,"i1jJJ.,,[ removar and reatrachmenr or this acknowredgmcrr*o an Pg::tpl, "l9r n!!9rrgo Docu ment
rh e p reced i r-rs c. iiifi .;i. ;?o. k ;
"*I "
Jil" ". i, . i .. r-,
"
J;;;;;.-, ;; ;,
titled/for the purpose of
ti1 llllir,)ir.l, lrtr,r,lrti:ii)t,1,
containing pages, ar-rd dated
The signer(s) capacity or authority islare as:
[-,l lrrdtviriuat(s)
[.J Attorney-in-t,act
I ..J Corporate ofnce4g
'rrlte(s)

1..-.1 Guarclian/Conservator
l-.-.1 Partne, - Limited/Gbneral
I -l Trustee(s)
[..-l o*,ur,
Namb{s) or person(s) o.rriirii,ri!ixigiiq'i;ii;i;;;Eiri"t Page ll
Notary contact:

Entry #
[] A(ldiriorrat signer(, f-l Signer(s) thurnbprint(s)
n
ftsft{lnifllt#,
State of California
County of
personally appeared
before me,
(here insert 11.IIe dn(l tjtle of the
who proved to me on the basis of satisfactorthe within instrumer rumii*;r 'i|,#ffiffiN,
I certifiT under pENALTy OF PERJURy
State of California that the foregoing I ffifur JUSTTN RYAN oLSEN I E(ffi) -:,?ffiru[fffi;.e
1 \W My comm, ExpiiesMar, it,zozll
under the laws of tlre
paragraph is true and correcr.
my hand
(5eal)
_M etho_d of s ign"' l.{ql]]l]:Stiql
Proved to me on the basis of satlsfactory evidence:

O form(g of identilrcation () creclible witness(es)
Notarial event is detailecl in notary journal on:
(1Copy.ight2007-201/ NotaryRorary,poBox4r40o,Desrvl.ines,rAS03il-0507. Ar{irghr5fieserved llemNumberl0lTT2. Plerse(onrn.lyournurholzedticscllcrropurchosecopie5ofrhisform.

11.9.b
PIA - Chino Villa, LLC (PL19-0079)
Packet Pg. 290
PO^ #. 510128
SureTec Insurance ComPanY

LIMITED POWER OF ATTORNEY
Know Alt Mat by 1'hese presenls, That SURETEC INSURANCE COMPANY (the "Company"), a cotporation duly organized and existing under thi laws of the State of Texas, and having irs principal oflice in Houston, Hanis County, Toxas, does by these presents rnake, constitute and appoint
Todd Cady
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place ald stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents ot
"'ffi ,il
"
ji::fi fff:Tlfi:ilfi"-'.
and to bipd the Cornpany thereby as fully and to the same extent as if such bond were.signed by the President, sealed with the corporate seal of tire Company rnd duly uitested by its Secretary, hereby ratifying and confirming all that the said Attorney'in-Fact may do in the premises. Said'apioinrmeni is made under ancl by authority of the following resolutions of the Board of Directors of the SureTec Insurance Cornpany:

Be it Resolved, that the president, any Vice-president, any Assistant Vicc-Prcsidoni, any Secretary or any Assistant Secretary shalt be and is hereby ycsted with full power and autiority to appoint any onr or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to ihe following provisions:

Attornel,-in-F'arr ,n.-n be g-iven full po*o ,ni authority for and in rhe name of and of behalf of the Companl-, to execute. acknorvledge and detiver, any and all bondslrecognizances, conracts, agieements or indemnity ancl other conditional or obligatory undertakings and any and all notices and docunrents canceti-ng or terminating the-Company's tiabilirv thercunder, ancl any such instrutnents so executed by any such Anorney-in.!'acr shall be binding*upon thc Compiny a-s if signed by the President and sealed and eil'ected by the Corporate Secretary.

Be tt Risotved, thar rhe signaturJoirny,authoriied oflicer and scal oftlre Conrpany horetoforc or hereafter affixed to any power ofattorney or any certificate retating rhJrero by facsirnile. and any porver ofattomey'or certilicate bcaring facsimilc signature or lhcsintile,seal shall be valid uni rrinoirre upon th,iCo,npany with respecr ro any ion,t or undcnaliing to rvhich it is attiched, (Adoptud a, .1 meeting held on 2ah o! April, t 999.)
In W'ilness llltereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this tztn day of eus*, A.D. roao
SL}RETEC INSI]R..\.NCE COMPANY
S6te ofT€xa$ ss:

County of Harris
By:

On this repr day of a,g,,r A.D. zozo before me personally came Michael C. Keimig, to me known, who, being by me duly sworn. did depose and say, that he resides in Flouston, Texa^s, that he is prcsident of Sunf:reC INSIIRANCEI COMPANY, the company described in and which executed the above instrument; that he knows the seat ofsaid Company; that the seal affixed ro said instrurnent is such corporate seall that it rvas so aflixed by order ofthe Board of Directors of said Cornpany; and that he signed his name thereto by like order.

TANYASNEED
ruthalirst!db
CcrfiL€rplt frLXLZE
HoUylD la&.flal
l, M. Brcrrt Beety. Assisr2rlr Secretary of suRIiTEc lNsuRANcE CoMPANY. <to hcreby certis rhat the sbovc and forcgoing is a true and corrcct copy of n power of Aitorney, cxecutecl by said Oompany. which is still in tirlt force ancl clt'ectl and fut'thertnore, the resoltrtions of the Board of Dircctors, set out irr the Powcr of Attorncy arc in fi.rll forcc and eflect. - fu Givenundernlyhandandthesealof saidCornpanyatHouston,Texasthis - l7' dayof L 2oLu A.D.

Michael C. Keirnig, Presiden
Tanya Sneed,
.dny instrurnent issued in excess of the penalty stated above is totally void and without any validity. 5101,28 For verlfication of ihe authority of this power yo, may call (713) gf Z-algOO any business day between 8:30 am and 5:00 pm CST' lvlarch 30, 2023

11.9.b
PIA - Chino Villa, LLC (PL19-0079)
Packet Pg. 291
Premium lncluded in Performance Bond
Bond No.:

Contract No.:

Approved:

WARRANTY BOND
(oFF-SITE TMPROVEMENTS FOR SITE APPROVAL pL 19-0079)
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY' and CHINO VILLA. LLC hereinafter designated as "PRlNClPAL," have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated Julv 19,2022, and identified as Project No. PL 19-0079, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.

NOW, THEREFORE, we, the Principal, and
SureTec lnsurance Company
as surety, are
held and firmly bound unto the City of Chino in the penal sum of Sixtv-Five Thousand Dollars ($65.000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys'fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
lN WITNESS WHEREOF, this instrument has been duly executed by Principaland Surety above named, gp June 17th 2022
Chino Villa LLC SureTec lnsurance Company

PRINCIPAL SURETY
Todd Cady Attorney ln Fact
srGNAruRE(S) MUST BE NOTARTZED
4454704W
By: By:

Rev. 04/2019) Page 1 of 1

11.9.b
PIA - Chino Villa, LLC (PL19-0079)
Packet Pg. 292
I{now All Meu bY 1'hese Presenls,
existing under the laws of the State
make, cortstituie and appoint
FOA #r. 510128
SureTec Insuraffice ComPanY

TIMITED POWER CIF' ATTORNEV
That SURETEC INSURANCE C0MPANY (the "Cornpany"), a corporation duiy organized ancl Jfu*or, alci having its principal office in I{ottstol',, Hanis County, Texas, does by these presents Todd CadY
its true and larvful Attorney-in-1bct, with full power ancl authority hereby confelrec,l in its narne, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or othel inst,'uments ol' contracts of suretyship to include waivers f'o the ;;;;;;; "i ;;;; unJ,o*. j. ot',ffi
,;";:j':il:;::il*il]ff ;;:;""'
aml to bind the cornpany rhereby as fully and to the sarne extant as il such bond were.signecl hy the Presidcnt, sealed with the cotporate seal of the company and duly attested by its secretary, hereby ratilying and coufrrrning utt ttrut the said Attorney-in'Fact niay do in the prernises. said appoinin,*ni i, ,r,aa" und*, un,i uy auti,orirv oi t[re iotl.wing 'esolirions of the l3oa.d of Direotors of tbe sure'lec
insurance CompatrY:

Be it Resolvecl,that the pr.esident, any Vice-presidenr, any Assistant Vicc-PLcsideni. any Secrctary or any Assistant Secretary,shall be and is . hereliy,estcd rvitl full power.and aLrthority to appoint any one or rnore srritable pcrsons'as AttoLney(s)-in-Fact to represetrt and act for and on behati'ofthe Courpany subject to the follor+ing provisions:

Attorne.l,in-F.ttct ma1- be given full po*., oni'authority fbr ancl in the name of and of behallolthe compan)-, to execute' acknorvledge and cleliver, any and all bonds, r.ecogrrizances, .nniro.tr, agiecments or inaen,nity ant{ other conditional or obligatory urtdettakings and any and all notices arld clocuments cauccling or terminating the Company's liability ihereun,ler, ancl an;r such itlsirutnents so executed by any such Attorney-in-pact strall bc binding upon thc c"rp?nyiu, irriin*o ty thc.I'residcnt and sealecl and etlecte<J by tltc corporate secretary' Be it. Ilesolved,thar th., signaturc otany autt oiiiJurri.., ,i.,t .*,rt ol'th"'-ourpany heretofor'e ot'hercnfter alfixcd to arly powcr of ttttot'ney or 1999.)
In tyitxess lilhereof,suR[:rtsc iNSUlLdNCltr coMpANy has caused tlrese presents to be signed by its President, attcl its corporate seal to be ltereto afrixcd this rzrn day of rususr A'D' aozoto os ll*ruto arrr*vu rtrri r4rr s.r er "-5-" ""' ' ^"..,,..,..,.._. .gtlRETEC INSURA.NCS COMPANY Srate of l.,]xas
Counly of Harris
ii"lli .riiiri,.,"r, "r'r^ii i;rrp^"y; ^ta
that he sigrred his name theretp by like ordcr'
Tanya Snced, N
My comrnission exp March 30, 2023
ss:
on this reur day of eus,.r A,l), 2020 before nre personally caure lvlichacl-c. Kcinrig, to rne known' who, being by me duly swofit, did dcposc and say' instrurnerrt; that he knows the seal of said cornpanvl ,t^iii. r.ri "rn*.,r i",*i,r inst$,n,.nt is iuch corporate seall that it lvas so affixed by order of the m;;;**:::l:;:i::':fi^,,, at,{o,,stou, rexas t,,is [Iy1 ", ---{uy*r,*,-Qe?e, oo Michael C. Keimig, President
TANYASI{EED
llols,Pt*&;$l#dtr
Cor$ttE$tt 00r3&rffi
ilotrylD rlSirust
Anyihgtfumontlssugdlnexcessottheponaltystatedaboveistotallyvoidandwlthoutany.validity'$012( For vsrtflcatton of the authoriry of this power yo, ,r;;;ll Cl'f iiif 2'6AOO any business Oay Uetwein 8:30 am and 5:00 pm CST'

11.9.b
PIA - Chino Villa, LLC (PL19-0079)
Packet Pg. 293

CKNOWLEDGMENT
Optional lnformation
fi'lf,Y,l'il!; fi:[i]]iliiii'H:ffi:igil',i,1lllrY..i?3f,r,L1ttl;..l,ligil#l,"iij3iJ"J:,li-*ar and reattachment of trris acknowredsmerrt to an rrii; j!l,rtr.t, !ri{,, tr.r,;iil(r,.

Method of Signer lclerrtlfication
containing pages, and dated
Proved to me on the basis of satisfactory evidence:
(_) form(s1 of identification () creclible wirness(es)
Notdrial event is detailecl in notary joulnal onl
Page ll
Notary contact:

Other
Entry /t
f] AdrJitionat Signer(s)
t.l
f-f Signer(s) Ihurnbprint(s)
L.-.1 Guardian/Corlservator
[--] Partner - Limited/calneral
{ -l Trustec(s)
[-] ott.,e.
representing:
-*-_-- - N;;ifst "ip.iio,tsl "i r.,ii[(;,) s6;i;ii;il;iir,,, Pf: I pl'
"1q_r {T1leo Docu m ent
Th e p re ced i n g c e r t I n ca te f,iA. k-"
"*
i;d r r. ri t * ii.J "o;; ;;;; ; t
iitled/for the purpose of
The signer(s) capacity or authority islare as:

L--1 lrrclividualG)
[] Atrorney-in-t-act
l J Corporate offrcer19
ft;lin'xHiflffi
State of California
county or San \eto
o^ 6fV'f LL berore me,
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Revenue: Expenditure: 1006000-43650-N7207

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: JULY 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

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

SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT - DEVELOPMENT IMPACT FEE ENGINEERING SUPPORT SERVICES.

RECOMMENDATION
1) Award a Professional Services Agreement to Proactive Engineering Consultants, Inc., Corona, CA in the amount of $65,000 for engineering support services as it relates to the Development Impact Fee program; 2) authorize up to two, one -year contract extensions; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There are sufficient funds included in the Development Serv ices Administration Operating Budget Project N7207 to cover the costs associated with this agreement.

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:

· Financial Stability
· Responsible Long-Range Planning

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COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT - DEVELOPMENT IMPACT

FEE ENGINEERING SUPPORT SERVICES
PAGE 2

BACKGROUND
A Development Impact Fee (DIF) is a ra te 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 regional public facilities.

The City of Chino committed to a major effort to identify its ca pital needs through General Plan build-out and calculated a full schedule of DIF with which to finance the proportional share of development-generated infrastructure per the City’s DIF Nexus and Calculation Report and correlating Master Facilities Plan (“Report”).

In support of continuous responsible long-range planning, City staff updated various elements of the Report (water, sewer, and storm drain) over the last several years. The City is now moving forward with the transportation DIF update, which will require a consultant to review as- built plans, prepare an updated atlas to include all existing and proposed transportation facilities, and prepare new engineer costs estimates for future projects. In addition, t he consultant will act in an engineering support role as needed for the various categories within the DIF program as directed by staff. As a result, staff prepared a Request for Proposal (RFP) for Development Impact Fee Engineering Support Services.

ISSUES/ANALYSIS
On May 24, 2022, the City formally released an RFP, which was published on Planet Bids. The City received three (3) proposals by the June 7, 2022, 2:00 P.M. RFP deadline, which were ranked as follows:

Consultant Rankings Principal
Engineer
Project
Manager Admin

1. Proactive Engineering Consultants, Inc. $ 247.00 $ 180.00 $ 82.00

2. HR Green Pacific, Inc. $ 260.00 $ 202.00 $ 87.00

3. FEI Associates Consulting Engineers $ 75.00 $ - $ 20.00

Consistent with the State of California Government Code Section 4526 and the City’s Purchasing Ordinance Chapter 3.32 in support of business practices that ensure financial stability the competing consulting firms were evaluated based on key staff knowledge, experience, availability, technical ability, firm’s references, cost, and understanding of the scope of work and work plan. Based on evaluation of the proposals, staff selected Proactive Engineering Consultants, Inc., Corona, CA as the most responsive and responsible proposer.

Therefore, it is staff's recommendation to the City Council to award a Professional Services Agreement to Proactive Engineering Consultants, Inc., Corona, CA in the amount of $65,000 for engineering support services as it pertains to the DIF program. The initial term of the agreement is July 19, 2022 through June 30, 2023, with the option to extend two additional one-year terms.

Attachments: Professional Services Agreement

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AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
PROACTIVE ENGINEERING CONSULTANTS, INC.
(Development Impact Fee Program Engineering Support Services) THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 20th day of July 2022 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Proactive Engineering Consultants, Inc. (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and condit ions of this Agreement, the Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant cove nants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For

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purposes of this Agreement, the phra se “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the scope of work include d in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jur isdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq ., and all other applic able l aws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject t o the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) P revailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreem ent, C ontractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) P
en alty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each

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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor t o:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) A
pprentices . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations T itle 8, S ection 200 et seq. concerning the employment of apprentices on public works proje cts. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicab le apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) E
ight- Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) P
enalties for Excess Hours . Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($25) for each worker employed in the performance of this Agreement by the Cont ractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Par t 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) W
orkers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment o f compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________

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(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commenc ing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provis ions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her worke rs the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such lice nses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be impos ed by law and arise from or are necessary for the Consultant’ s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement , Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, ( ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’ s risk until written instructions are received from the Project Manager.

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

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1.8 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until accept ance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both par ties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Services.

City shall have the right , subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in t he Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant , incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Counc il unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Secti on shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant a nticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “ Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “ Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Sixty-Five Thousand Dollars ($65,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 M ethod of Compensation.

The method of compensation may include: (i) a l ump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’ s rates as specified in the Schedule of Com pensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approve d subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of t he work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’ s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is c ertifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected] . Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.

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(c) Line items for all othe r appr oved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per S ection 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges f or work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty- five (45) days of receipt of Consultant’ s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

2.6 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budge t approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. I f such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

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3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant , extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 F orce Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control a nd without the fault or negligence of the Consultant , including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City , if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’ s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2023, except as otherwise provided in t he Schedule of Performance ( Exhibit “D”).

This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. CO

ORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“ Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to th e work specified herein and make all decisions in connection therewith:

Mark S. Anderson Vice President
(Name) (Title)
Thomas E. Braun President
(Name) (Title)

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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting suffi cient time to personally supervise the services hereunder. All personnel of Consultant , and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’ s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staf f and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any mann er represent that Consultant or any of Consultant’ s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’ s officers, employees or agents, shall obtain any rights to re tirement, he alth care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Project Manager.

The Project Manager shall be the Director of Development Services or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which mus t be m ade by City to the Project Manager.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager , to s ign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant , its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that rol e. Cons ultant shall not at any time or in any manner represent that it or any of its agents or employees are

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agents or employees of City . City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or othe rwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant , its principals and employees were a substantial inducement f or the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City . In addition, neither this Agreement n or any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City . Transfers restricted hereunder shal l include th e transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant , taking all transfers into account on a cumulative basis. In the event of any such unapproved t ransfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insur ance o f the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “ insured contract” language will not be accepted.
(b) A
utomobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities o f the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Pr o
fess ional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate . Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

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(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) S ubcontractors . Consultant shall include all s ubcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) A
dditional Insurance. Pol icies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 G eneral Insurance Requirements .
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on fil e with City at all times during the term of this Agreement . City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) D uration of coverage. Consultant shall procure and maintain for the duration of t his A greement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) P rima ry/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insur ance or self-insurance shall be called upon to protect it as a named insured.
(d) C
ity ’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) A
cceptable insurers . All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers i n the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

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(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) E
nforcement of contract provisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non- compliance with any req uirement imp oses no additional obligations on the City nor does it waive any rights hereunder.
(h) R
equirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or o ther requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be a ll inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. A ny available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) N
otice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) A
dditional insured status. General liability policies shall provide or be endorsed to provide t hat City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) P
rohibition of undisclosed coverage limitations . No ne of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) S
eparation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) P
ass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide t he sam e minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements

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of th is sec tion. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Cons ultant may renegotiate Consultant’s compensation.
(o) S elf -insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a de ductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) T
imely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result fr om Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) A
dditional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insuranc e, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 I ndemnification .

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employee s and agents (“ Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or a ctivities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors ”), or arising from Consultant’ s or indemnitors’ reckless or willful mis conduct, or arising from Consultant’ s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City , its officers, agents or employees f or any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City , its officers, agents, a nd employees harmless therefrom;

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(c) In the event the City , its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City , its officers, agents or employees, any and all costs and expenses incurred by the City , its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agr eement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant

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agrees that if Consultant becomes aware of a ny facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

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

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant , its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, te stimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.

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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, compl aint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

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

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are nec essary to compensate City for any losses, costs, liabilities, or damages suffered by City , and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’ s acts or omissions in performing or failing to perform Consultant’ s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due , without liability for

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interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or i mpractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($0) as liquidated damages for each working day of d elay in the performance of any service requir ed hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consult ant, except that where termination is d ue to the fault of the Consultant , the period of notice may be

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such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City , the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consul tant shall immediately cease all servic es hereunder except such as may be specifically approved by the Project Manager . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In t he event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the termi nating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

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

7.10 Attorneys’ Fees.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant , or any successor in interest, in the event of any def ault or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or pr incipal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’ s performance of services unde r this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or i ndirect, in this Agreement nor shall an y such officer or employee participate in any decision relating to the Agreement which affects her/ his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, di rectly or indirectly, interested, in viol ation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of rac e, color, creed, religion, sex, gender, s exual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that em ployees are treated during employment wi thout regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or serv ices covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of

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Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant , to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Ag reement which may affect his/her financi al interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” purs uant to Government Code Sections 1091 or 1091.5. Consultant

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warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or cons equence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the p ayment of any money, consideration, or ot her thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and unders tands that any such act(s), omission(s) or oth er conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

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

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

CITY:

CITY OF CHINO, a municipal corporation

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 Nicholas S. Liguori, AICP
Director of Development Services Department

CONSULTANT:

PROACTIVE ENGINEERING
CONSULTANTS, INC.

By:

Name: Mark S. Anderson
Title: Vice President
By:

Name: Thomas E. Braun
Title: President

Address: 27042 Towne Centre Drive
Suite 110
Foothill Ranch, CA 92610
Two corporate officer signatures required when C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

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01225.0001/458446.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1 (the entirety of which is on file with the Development Services Department).

II. All wo rk product is subject to review and accep tance b y the City, and must be revised by the Consultant without addition al charge to the City until found satisfactory and accepted by City.

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June 7, 2022
City of Chino
Attn: Mary Braun, Management Analyst
13220 Central Avenue
Chino, CA 91710
RE: RFP# 20226007 DEVELOPMENT IMPACT FEE PROGRAM ENGINEERING SUPPORT SERVICES Proactive Engineering Consultants (PROACTIVE) is pleased to submit this proposal to provide engineering support services to the City of Chino in support of the City’s Development Impact Fee Program. We have reviewed the Request for Proposal and understand the elements involved in the solicitation. PROACTIVE is a State certified small business that focuses on providing comprehensive civil engineering services in support of public agencies and the development community.

Proactive Engineering Consultants Inc.’s primary office has been located 200 S. Main Street, Corona, CA 92882 for over ten years. We also have an Orange County office in Foothill Ranch.

The PROACTIVE team members provide a unique set of qualifications including:
• Project Manager with 45 years of experience including management of On-Call contracts • Expertise in all aspects of public works projects
• A well-established working relationship with the City of Chino on many completed and on-going projects Proactive Engineering’s contact person during proposal evaluation is designated as:

Mark Anderson, PE
27042 Towne Centre Drive, Suite 110, Foothill Ranch, CA 92610 Telephone: 949.900.6212 Email: [email protected]
This proposal shall remain valid for a period of not less than 120 days from the date of submittal. I attest that all information provided in this proposal is true and correct.

As of this date we have not received any addenda pertaining to this RFP.

Thank you for your time and consideration. Please feel free to contact me if you have any questions or need additional information.

Respectfully submitted,
Mark Anderson, PE – Principal/CFO
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Table of Contents
A. Technical Proposal ..............................................................................................................................................3 i. Executive Summary ........................................................................................................................................3 ii. Consultant Identification ................................................................................................................................3 iii. Experience ......................................................................................................................................................3 iv. Key Staff ..........................................................................................................................................................4 v. Project Understanding ....................................................................................................................................7 vi. Approach and Scope of Work .........................................................................................................................7 vii. Professional Services Agreement Acknowledgement ............................................................................. 10 viii. Fee Proposal ............................................................................................................................................ 10 B. References ....................................................................................................................................................... 10 C. Exceptions/Deviations ..................................................................................................................................... 11 D. Sealed Fee Proposal ......................................................................................................................................... 11 E. Conflict of Interest Statement ......................................................................................................................... 11 F. Acknowledgement of Insurance Requirements .............................................................................................. 12 G. Addenda Acknowledgement/Signature .......................................................................................................... 13 H. Appendices ...................................................................................................................................................... 14

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A. Technical Proposal
i. Executive Summary:

Proactive Engineering Consultants, Inc. (PROACTIVE) is a professional services firm offering clients our expertise in civi l engineering, surveying, dry utilities, and construction management. Our clients include federal, state, county, and city agencies as well as private investors and land developer/builders. PROACTIVE is uniquely qualified for this assignment for the following reasons:
• Familiarity with The Preserve Specific Plan
• Prior and on-going design services for infrastructure within The Preserve • Prior review of DIF eligible “as-built” drawings and preparation of individual atlas exhibits for sewer, water, recycled water, drainage, and transportation improvements within The Preserve • Established working relationships with city staff members in Community Development Services and Public Works.
• Experience working with assessment districts, community facilities districts and development impact fee programs.
• Our principal-in-charge, Mr. Anderson, has 45+ years of experience th at includes infrastructure design, planning and entitlement services and collaboration with property owners, contractors, agency staff and elected officials.
ii. Consultant Identification:

PROACTIVE is a Corona based (California “S” corporation) professional services firm serving governmental entities and the development community throughout Southern California. Even a s a State certified small business , PROACTIVE has an impressive staff (approx. 60) that includes industry leaders civil engineering, surveying, storm water drainage and dry utilities. Our principal-in-charge for this assignment has experience exceeding 45 years for numerous public works, drainage, survey, school site, residential, and commercial/industrial developments.

Contact: Mark Anderson, PE – CFO/COO
Telephone: 949.900.6212 Email: [email protected]
California DIR: 100040369
iii. Experience:

For the past 5+ years, PROACTIVE has been involved with numerous projects within The Preserve involving conceptual design studies, entitlements, infrastructure design and construction support services. These services have included interaction with a multitude of stakeholders including Army Corps of Engineers, Caltrans, County of San Bernardino, County of Orange, City of Ontario, City of Chino, landowners, developers and builders. However, of all these services, the most pertinent are the recent services p rovided to the City of Chino related to the DIF program for The Preserve Specific Plan. PROACTIVE was retained by the City of Chino to review and update the various elements (sewer, water, recycled water, drainage and transportation) of the DIF program for The Preserve Specific Plan. This work included a collection and review of “as-built” plans, preparation of updated atlas for each infrastructure component showing completed facilities and those that are planned but not yet completed, an updated accounting of costs linked to the updated atlas. The scope included a review of cost assumptions for future work based on recent construction bids in southern California.

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PROACTIVE’s drainage division has recently completed for the City of Chino an update to the Master Plan of Drainage (MPD) for The Preserve Specific Plan. This new MPD was critical in the above evaluation of the anticipated construction cost for the future storm drain improvements in the DIF. iv. Key Staff:

Principal-in-Charge
Mr. Mark Anderson, PE will serve as your Principal-In-Charge and Project Manager. As lead principal, Mr. Anderson will provide his professional services and will ensure the continuity of quality of work produced. He will work closely with the Project Engineer, as well as City staff to ensure that City desires and directives are being properly and accurately followed.

Mr. Anderson brings over 45 years of engineering experience and has been a lead manager on numerous public works projects. Mr. Anderson is currently working on the widening of Pine Avenue, in the City of Chino, from a two-lane roadway to a 6-lane divided roadway, and is an on-call consultant for the City of Chino.

Project Engineer
Ms. Patricia Shu, PE will serve as your Project Engineer. She has 12 years of experience in the preparation of plans, specifications, and construction cost estimates for land development projects. She has performed analysis and design of streets, water and sewer utilities, storm drain systems, and grading. Her project experience ranges from small commercial sites and parks to large scale master planned communities. Ms. Shu has thoroughly and efficiently handled challenging projects from the design stage to the implementation stage.

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Mark Anderson, P.E.

Principal-In-Charge
Mr. Anderson’s experience expands across the civil engineering industry.

His expertise in design construction support and preliminary engineering is an invaluable resource to project teams. His involvement in new master planned communities throughout Southern California is unparalleled and makes him a key a sset whether the challenges are technical, political or environmental. Mr. Anderson oversees all aspects for PROACTIVE’s Foothill Ranch operations, including Project Principal/Project Manager responsibilities, technical assistance, design review and const ruction review.

Project Experience
Development Impact Fee Program, Chino, CA. City of Chino. Identify completed and anticipated construction for sewer, water, recycled water, street and storm drain improvements which are part of the established development impact fee program for The Preserve. Reconcile costs spent to date and forecast remaining costs to complete the improvements.

Pine Avenue Widening , Chino, CA. City of Chino. Project Manager working with the City of Chino and several stakeholders that include adjacent landowners, builder/developers, County of San Bernardino Parks, Caltrans and Army Corps of Engineers to prepare conceptual roadway, drainage, sewer and water plans for the widening of Pine Avenue from the existing two-lane road to a 6-lane arterial with a raised median between Euclid Avenue and Hellman Avenue. Project components include drainage, signing and striping, traffic control and staging plans.

Planning considerations include maintaining traffic operations for this vital east-west link while widening the road, altering the profile and installing a new raised median.

On-Call Engineering Services, Chino, CA. City of Chino. Provide consulting services as requested by the City .

Primary services have included review and preparation of construction cost estimates, preparation of exhibits and communication with Army Corps of Engineers and review of builder/developer submittals.

Pine Avenue Stages 1 & 2 Improvements, Chino, CA. Chino Preserve Development Corporation. Project Manager for the preparation of improvement plans for Pine Avenue located between Euclid Avenue and Johnson Avenue that include roadway widening and restriping. Project components include right of way acquisition, grading, paving, drainage, signing and striping, traffic control and staging plans, and retaining wall plans and calculations.

Pine Avenue Stage 3 Improvements, Chino, CA. Chino Preserve Development Corporation. Project Manager for the preparation of improvement plans for Pine Avenue lo cated between Meadowhouse Avenue and Rincon Meadows Avenue that include roadway reconstruction and drainage improvements. Project components include right of way acquisition, grading, paving, drainage, signing and striping, traffic control and staging plans, dry utility relocations, water line relocation and recycled water line relocation.

Line G Storm Drain Design, Chino , CA. TH Miramonte Investors, LLC. Project Manager for the preparation of improvement plans for the construction of Line G master planne d storm drain located in Cucamonga Avenue, Chino-Corona Road N/S and Chino Corona Road E/W. Project components include right of way acquisition, grading, paving, hydrology, hydraulics, traffic control and staging plans . Coordination required between City of Chino, Orange County Flood Control District and Army Corps of Engineers.

Years of Experience: 45+
Education
B.S., Civil Engineering, California
State Polytechnic University,
Pomona – 1974
Registration
Professional Engineer – Civil,
CA #26821 – 1976
Professional Accomplishments
Engineer of the Year, American
Society of Civil Engineers

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Patricia Shu, P.E.

Project Engineer
Patricia Shu has 12 years of experience in the preparation of plans, specifications, and construction cost estimates for land development projects. She has performed analysis and design of streets, water and sewer utilities, storm drain systems, and grading. Her project expe rience ranges from small commercial sites and parks to large scale master planned communities. Ms. Shu has thoroughly and efficiently handled challenging projects from the design stage to the implementation stage.

Project Experience
City of Chino DIF Study
• Sewer, Water, Recycled Water, Street & Storm Drain
Lantana at Beach – City of Stanton
• Entitlement and Final Engineering (Rough & Precise Grading, Sewer, Water, Storm drain, Hydrology & Hydraulics Study, WQMP, SWPPP)
Meadows at Chino
• Sewer, Water & Storm Drain plans
Trabuco Creek Equestrian
• Precise Grading plan, Hydrology & Hydraulics Study, WQMP Pine Ave – 4 Lane Widening
• Street Improvement Plan
Rancho Miramonte Improvements
• Chino Corona Rd N/S & Chino Corona Rd E/W (Water, Recycled Water, & Street plans) • Storm Drain Line G
• Storm Drain Line F-2
Parth Residence
• Precise Grading plan, Hydrology & Hydraulics Study, WQMP Santiago Hills
• IRWD Sewer, Water & Recycled Water plans
Renaissance Market Place – City of Rialto
• Water and Storm Drain improvement plan
Ascension Cemetery
• Water, Recycled Water and Storm Drain improvement plan Crossroads
• Wall plan

Years of Experience: 12
Education
B.S., Civil Engineering, California
State University of Long Beach,
California – 2010
Registration
Professional Engineer – Civil,
CA #84863 – 2015

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v. Project Understanding:

Development impact fee programs require a sound and defendable basis for the establishment of fees. To this end it is import ant to have a database that includes each identified project, the projected cost for each project and preferably a graphic (atlas) to aid in the communication. The program must have a consistent logic as to how projects qualify for inclusion in the fee program as well as the individual components that are eligible. Once the projects and components are defined an estimate of costs can be calculated. Once the projected total costs are known, it is then necessary to assign “benefit” in a consistent and equitable manner. Examples of this may include costs per dwelling unit, per square foot of building, or per acre to name just a few.

The City of Chino has an established Development Impact Fee (DIF) program for the infrastructure in The Preserve Specific Plan area including some areas immediately adjacent to The Preserve. This program has been in place for several years. As to be expected, there have been changes brought about by design details, changes in land use and increases in construction costs, any one of which requires a review and a potential update to the fee program.

From time to time, developers, builders and landowners may have completed construction of a DIF eligible improvement and are seeking either DIF fee credits or payments for this construction. In addition, some of these improvements (and not always the same components) may be eligible for funding through the established community facilities district creating some confusion. The review and administration of these items can be time consuming and highly variable as to when they occur. We see this request for proposal as a way for the City of Chino to supplement their own resources and assure timely execution of the required tasks. vi. Approach and Scope of Work:

The City of Chino imposes fees to applicants for development projects to distribute costs for master -planned facilities included in the City’s Development Impact Fee (DIF) Nexus and Calculation Report. PROACTIVE will provide administration and construction document review services for DIF projects. PROACTIVE will carry out instructions as received from the City’s Associate Engineer and cooperate with all City departments, affected regulatory agencies, and developers.

TASK 1 Meetings & Project Management

1. PROJECT KICK-OFF MEETING
PROACTIVE will organize a kick-off meeting with City staff. This meeting will serve as a forum to refine the scope of work, methods of communication and exchange of documents for DIF project review. This will include a review of previously prepared DIF exhibits and exce l spreadsheets that contain critical data on costs and status of completion for individual projects. This meeting will also serve to establish the project management procedures, including invoicing terms.

2. PROJECT MANAGEMENT
As arranged with the City’ s Associate Engineer, PROACTIVE will conduct monthly or bi-monthly conference calls to discuss ongoing DIF projects, changes in design, alteration of land use and cost trends within the industry. The purpose of these calls will be to discuss items such as deliverables, upcoming tasks or milestones, the project schedule, next steps, etc. and to answer questions. In addition to the conference calls, PROACTIVE will provide monthly written status reports along with invoices to the City’s Senior Management Analyst.

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A. Deliverables

1. Kick-off meeting agenda and summary notes

2. Memorandum summarizing meeting outcome

3. Review project schedule
i. Establish timelines/deadlines for each project
ii. Timelines/deadlines vary based on the size of the project and the complexity

4. Regular communication (assume 24 one hour virtual meetings) i. Monthly status reports
ii. Monthly invoicing (with timecards/receipts, description of work, and percent complete)
iii. Bi-monthly meetings/conference calls to discuss project status TASK 2 Review of Submittals

1. REVIEW OF REIMBURSEMENT REQUESTS FOR DIF PROJECTS
The review of reimbursement of DIF funds/credits to a developer will follow the steps outlined below. To aid this process, PROACTVE will develop a submittal checklist for the applicants and a review checklist for use by PROACTIVE and City staff.

A. The Review Process (1st Pass) (Assume 1 per month, 12 total)

1. Developer requests reimbursement on City Form of Payment Request, and the Calculation of Purchase Price;

2. PROACTIVE will review the components of the reimbursement request against the budgeted facility costs and eligible DIFs;

3. PROACTIVE will review total costs (by li ne item) within the limits of the DIF Nexus & Calculation Report & Master facilities Plan dated December 28, 2017 (2017 Report) or any more recent updates.

B. The Review Process (2nd Pass) (assume 12 total)

1. PROACTIVE will review developer-submitted documentation and the process for the design and construction of public improvements being reimbursed;

2. PROACTIVE will confirm that the design of the improvements was approved and permitted by the City Engineer;

3. PROACTIVE will confirm with City’s consultant DTA that the improvements were competitively bid;

4. PROACTIVE will confirm with City’s consultant DTA that prevailing wage was specified to be paid and was outlined in the bid;

5. PROACTIVE will verify with City’s consultant DTA the applicable state, and sometimes, federal prevailing wage determination specified;

6. PROACTIVE will confirm with City’s consultant DTA if any third -party reports, employee interviews or other documentation to show that prevailing wage was paid to laborer s and mechanics;

7. PROACTIVE will verify with City’s consultant DTA if inspections by the various city and/or regional permitting agencies were completed;

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8. PROACTIVE will verify with City’s consultant DTA if any inclusionary housing components funded by outside state or federal agencies occurred;

9. PROACTIVE will verify with City’s consultant DTA proof of appropriate liability insurance for the project;

10. PROACTIVE will verify with City’s consultant DTA that no outstanding claims, judgments, or proceedings are still active or unresolved.

C. The Review Process (3rd Pass) (assume 12 total)

1. PROACTIVE will ensure that all documents are in hand prior to making a recommendation for reimbursement to the City;

2. PROACTIVE will verify bid documents for each component of the project in the submittal (this should include all subcontractor bids);

3. PROACTIVE will verify with City’s consultant DTA that all contracts between the developer and contractors, as well as suppliers are included in the submittal;

4. PROACTIVE will verify with City’s consultant DTA all invoices and cancelled checks which show that the contracted materials and work was paid in full;

5. PROACTIVE will verify with City’s consultant DTA all lien releases from subcontractors in the submittal;

6. PROACTIVE will verify that the submittal documents are in-line with the maximum allowed in the Acquisition and or Reimbursement Agreement;

7. Cross check that all the above documents are consistent/agree with the first pass review.

TASK 3 Submittal Close-out

1. MEMO
Upon the completion of a payment request, PROACTIVE will provide a memo to the Associate Engineer summarizing the following (assume 12 total):

1. PROACTIVE will provide a summary of eligible and ineligible costs to the City, which shall include, but is not limited to:
i. The “Total Requested Amount” is the amount being requested for reimbursement by the Developer in their payment request letter;
ii. The “Total Submitted Amount” is the total invoiced amount submitted; iii. The “Verified Amount” is the portion of the invoiced amount that has been paid in full and confirmed to pertain to the requested improvements; iv. The “Additional Verified Amount” is the portion of the invoiced amount that has been confirmed to pertain to the requested improvements, however not all necessary documentation has been provided;
v. Any “Additional Verified Amounts” need to be explained in detail in the analysis; vi. The “Total Verified Amount” is the sum of the “Verified Amount” and the “Additional Verified Amount”;
vii. The “Total Eligible Amount” is the lesser of the “Total Requested Amount” and the “Total Verified Amount”;
viii. The “Total Disallowed Amount” is t he difference between the “Total Requested Amount” and the “Total Eligible Amount”;

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ix. Any disallowed costs need to be explained in detail in the analysis.

TASK 4 DIF Support Servives

1. OTHER ENGINEERING SERVICES - DIF PROJECTS
As needed, PROACTIVE shall provide updated and or new engineering cost estimates for projects included in the 2017 Report and other support documentation, which include, but are not limited to the following:
a. New Site Plans, Maps and Exhibits supporting the projects included in the 2017 Report per the direction of the Associate Engineer (assume 12 updates); b. Design/Engineer/Administration/Land Acquisition/Right-of-Way and Construction costs per the Associate Engineer (assume 12 updates)

vii. Professional Services Agreement Acknowledgement:

Proactive Engineering Consultants, Inc. accepts the City of Chino’s Professional Services Agreement without exception.
viii. Fee Proposal:

Submitted under separate cover via email to Purchasing Manager, Daniel Vest at [email protected] B. References

CLIENT/BUSINESS

ADDRESS CLIENT/TITLE/TELEPHONE/EMAIL PROJECT REFERENCE -

SIMILAR SCOPE

PROJECT MANAGER

PROJECT START/FINISH
City of Chino
13220 Central Avenue
Chino, CA 91710
Sylvia Ramos
Associate Engineer
909.334.3418
• Sewer DIF Updates
• Fee $25,000
Mark Anderson
9/15/2020-Present
City of Chino
13220 Central Avenue
Chino, CA 91710
Sylvia Ramos
Associate Engineer
909.334.3418
• Water DIF Updates
• Fee $75,000
Mark Anderson
12/3/2020-Present
City of Chino
13220 Central Avenue
Chino, CA 91710
Dave Hammer – (Former) City
Engineer
Christopher Magdosku – (Former)
City Engineer
Nicholas Liguori – Director of
Development Services
909.334.3331
[email protected]
Pine Avenue Widening
Master Plan
• Widen two-lane road to a 6-
lane divided arterial
• Construction staged in
phases to maintain traffic
flow
Mark Anderson – PIC
2014-present
Matt Cabalce – Project
Engineer
2016-2021

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C. Exceptions/Deviations
No exceptions taken.

D. Sealed Fee Proposal
The Fee Sealed Fee Proposal for the services and has been submitted in PDF format via email to the Purchasing Manager, Daniel Vest, at [email protected] before the RFP due date and time specified clearly marked in the subject line with:

SEALED FEE PRO POSAL: RFP# 20226007 – DEVELOPMENT IMPACT FEE PROGRAM ENGINEERING SUPPORT

SERVICES
E. Conflict of Interest Statement
PROACTIVE covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performanc e of services under this Agreement. PROACTIVE further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City. PROACTIVE agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation.

PROACTIVE warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

PROACTIVE does share that it has past and on-going contacts with the City of Chino, landowners, developers and builders within and surrounding the area defined by The Preserve Specific Plan.

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F. Acknowledgement of Insurance Requirements

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G. Addenda Acknowledgement/Signature

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H. Appendices
Sample Atlas
Sample Spreadsheet of Costs

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MAYHEW AVE

MAIN STWEST PRESERVE LOOP

MAIN ST

WESTGATE ST

MILL CREEK AVE
24"

HELLMAN AVE CARPENTER AVEREMINGTON AVE

FLIGHT AVEGROVE AVE HELLMAN AVE

EUCLID 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 ST

EAST PRESERVE LOOP
AVE
PARK

DISCOVERY
PARK

CUCAMONGA AVE
STREET "B"

FOREST PARK ST

FOREST PARK ST
42"
60"

EAST PRESERVE LOOP

PINE AVENUE

BICKMORE AVE

MARKET ST
84"

BRIDLEPATH

MEADOWS VALLEY

MERRILL AVE
SD001
36"
54"
54"

WEST PRESERVE LOOP
72"
72"
36"
54" 54" 54"
96"
42"
60"

CHINO-CORONA ROAD E/W
78"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

DIVERSION

STRUCTURE

DIVERSION

STRUCTURE
96"
78"
72"
36"
48"

CHANNEL VIEW ST
24"
PRADO
LAKE

WATER QUALITY
&

DETENTION
BASIN

WATER QUALITY
BASIN

DETENTION BASIN

DETENTION
BASIN

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

13.5' x 6' RCB
24"
30"
60"
42" 36"
36"
54"
72"
24"
SD002
SD003
SD004
SD012
SD011
SD013
SD014
SD006
SD007
SD008
SD016
SD009
SD010
SD017
SD015
DOUBLE 8' x 8' RCB
96"
BOTANY ST24"
SD018
SD01924"
SD020
SD022
SD023
SD021
SD028
SD029
SD032
SD033
SD054
SD031
SD055
SD056
30"

MEADOWHOUSE AVE
KIMBALL AVE SD025
SD037
SD038
SD039
SD040
SD041
SD042
SD043SD044
SD053
SD052
SD045
SD046
SD051
SD050
SD049
SD048
SD069 ALPINE MEADOWS
SD070
SD071
SD072
SD073
SD057
SD067
SD058
SD059
SD060
SD062
SD063
SD064
SD068
SD074
SD075
SD076
SD077
SD078SD079
SD080
SD088
SD087
SD086
SD085
SD091 SD092
SD093
SD081
36"
36"
SD083
SD084
SD094
SD100
SD102
SD103
SD104
36"
SD105
SD106
SD101
SD122 SD123
SD124
SD125
SD095
SD096
SD097
SD098
SD099
42"
SD109
SD120
SD121
SD112
SD113
SD114
SD115
SD116
SD117
SD118
SD129
SD128
SD110SD111
SD119
SD127
SD126

PINE AVENUE
SD030
48"
60"
96"
SD026SD027
SD034
SD024
14' x 4' RCB
60"
60"
SD005
SD035
SD036
SD082
54"
48"
SD089
84"
90"

BICKMORE AVE
60" 48"
60"
3'x4' RCB
54"
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"
SD061
54"
48"
SD066
48"
72"
48"
30"
48"
60"
36"
SD134
SD133
6'x4' RCB
36"48"
72"
60"
24"
54"
24"
SD130
SD131
SD132
24"
SD136
SD136
SD136
SD135
SD135
SD137
SD137
SD137
SD047
90"
12'x4' RCB
STREET "C"
STREET "B"
STREET "D"
STREET "A"

CUCAMONGA AVE
96"
SD102
SD001
REVISED ON 3/14/2022
SD023

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Nexus Estimate Est. Reach Costs Committed Unreconciled CTC Projected Total Kimball Basin SD-110 $2,696,112 $2,696,112 $2,696,112 $2,696,112 Kimball Basin SD-111 $3,560,576 $3,560,576 $3,560,576 $3,560,576 Kimball Basin SD-112 $3,668,634 $3,668,634 $3,668,634 $3,668,634 Line B $8,250,000 $24,249,783 $10,580,013 $6,990,906 $7,859,202 $25,430,121 Line C $4,600,000 $5,426,392 $1,738,866 $3,687,526 $5,426,392 SD057 EPL - Bickmore to Pine $326,975 $326,975 $326,975 SD058 Pine Ave e/o EPL $678,560 $678,560 $678,560
SD059 Pine Ave w/o Main $585,613 $585,613 $585,613
SD060 Pine Ave w/o Main $144,915 $144,915 $144,915
SD061 Pine Ave e/o WPL $105,497 $105,497 $105,497
SD062 Pine Ave - Mill CK to WPL $1,156,100 $1,156,100 $1,156,100 Pine Ave e/o WPL $87,904 $87,904 $87,904
SD063 Pine Ave w/o Mill Ck $1,130,539 $1,130,539 $1,130,539 SD064 Pine Ave w/o Mill Ck $61,394 $61,394 $61,394
SD065 Pine Ave w/o Mill Ck $224,263 $224,263 $224,263
SD066 Main St n/o Pine $211,002 $211,002 $211,002
SD067 WPL n/o Pine Ave $490,882 $47,850 $443,032 $490,882 SD068 Millcreek $222,750 $222,750 $222,750
- Overall $4,600,000 $0
Line D $5,753,156 $2,623,541 $5,753,156 $5,753,156
Line E $4,600,000 $6,618,527 $4,600,000 $0 $4,600,000
Line F $3,200,000 $7,618,635 $2,964,029 $4,654,606 $7,618,635 Line G $3,374,128 $6,491,569 $6,491,569 $6,491,569
Line H $5,441,114 $9,497,591 $5,292,300 $4,205,290 $9,497,591 Line I $18,000,000 $43,194,924 $43,194,924 $43,194,924
Line J $2,000,000 $12,962,535 $2,000,000 $1,146,750 $3,146,750 Line L $0 $426,250 $426,250 $426,250
Grand Total $65,143,720 $129,035,068 $32,858,491 $16,986,101 $71,666,117 $121,510,709 Project Code

11.10.a
Award Professional Services Agreement DIF Engineering
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01225.0001/458446.1 B -1
EXHIBIT “B”
S

PECIAL REQUIREMENTS
(Supe rseding Contract Boilerplate)
N
o Special Requirements.

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01225.0001/458446.1 C -1
EXHIBIT “C”
S

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

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

III. T he total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

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F

EE SCHEDULE
January 1, 2022 through December 31, 2022
1 | P a g e
Compensation for work performed on a time and materials basis will be computed as follows:

MANAGEMENT HOURLY RATE
Principal ........................................................................................................................................... $245.00 Director .............................................................................................................................................. 220.00 Associate ............................................................................................................................................ 214.00 Senior Project Manager, Senior Technical Manager ......................................................................... 214.00 Project Manager ................................................................................................................................ 196.00

CIVIL ENGINEERING SERVICES
Senior Project Engineer.................................................................................................................... $196.00 Project Engineer ................................................................................................................................. 180.00 Senior Designer .................................................................................................................................. 175.00 Designer ............................................................................................................................................. 165.00 Engineer ............................................................................................................................................. 160.00 Design Engineer, Design Technician .................................................................................................. 142.00 CAD Technician, Design Engineer Technician .................................................................................... 118.00 Project Technician/Project Coordinator ............................................................................................ 109.00 Engineering Technician ...................................................................................................................... 103.00 Administration ..................................................................................................................................... 92.00 Engineering Intern ............................................................................................................................... 79.00

SURVEY AND MAPPING SERVICES
Field Supervisor ................................................................................................................................ $190.00 Project Surveyor ................................................................................................................................. 167.00 GIS Specialist ...................................................................................................................................... 153.00 Survey Analyst .................................................................................................................................... 118.00 Three Person Crew ............................................................................................................................. 300.00 Two Person Crew ............................................................................................................................... 256.00 One Person Crew ............................................................................................................................... 185.00 NOTE: FOR SURVEY WORK REQUIRING PREVAILING WAGE
Three Person Crew ........................................................................................................................... $354.00 Two Person Crew ............................................................................................................................... 302.00 One Person Crew ............................................................................................................................... 193.00

SPECIAL SERVICES
Consultation Re: Litigation ............................................................................................................... $465.00

DRY UTILITY SERVICES
Principal ........................................................................................................................................... $225.00 Senior Project Manager, Senior Technical Manager ......................................................................... 185.00 Project Manager ................................................................................................................................ 170.00 Senior Designer .................................................................................................................................. 149.00 Project Coordinator ........................................................................................................................... 103.00 CAD Technician .................................................................................................................................... 93.00 Assistant Project Coordinator .............................................................................................................. 82.00 Administration ..................................................................................................................................... 82.00 Exhibit C-1 11.10.a
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F

EE SCHEDULE
January 1, 2022 through December 31, 2022
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C

ONSTRUCTION SUPPORT
Principal ........................................................................................................................................... $247.00 Senior Project Manager, Senior Construction Manager .................................................................... 196.00 Project Manager ................................................................................................................................ 180.00 Field Engineer..................................................................................................................................... 175.00 Administration ..................................................................................................................................... 82.00

MISCELLANEOUS FEES
The following services are billed at our cost plus a 15% markup:
Subcontracted services.
Map check fees or filing fees advanced by us.
Transportation, meals and lodging for overnight travel and incidental travel expenses. Commercial delivery services, including Federal Express, Express Mail, and Messenger Services. Plotting and blueprint services and printing.
(The client is encouraged to arrange for printing, other than prints or plots on our blueprint machine and plotters, to be contracted directly with an outside blueprint company acceptable to us. Please provide us with your account information to bill directly to the account to save on markup fees).

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01225.0001/458446.1 D- 1
EXHIBIT “D”
SCH

EDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all wo rk pr oducts timely per direction from the Project Manager.

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

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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: JULY 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

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

SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT ADMINISTRATIVE APPROVAL - SCHAEFER CHILDCARE CENTER (PL19-0024).

RECOMMENDATION
1) Accept public improvements as complete for Administrative Approval PL19-0024; and 2) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact.

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

11.11 CONSENT CALENDAR
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COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT ADMINISTRATIVE APPROVAL - SCHAEFER CHILDCARE CENTER (PL19-0024)
PAGE 2

BACKGROUND
In November 2006, the Chino Planning Commission approved the Stater Brother’s Plaza, a 118,230 square -foot shopping center including a grocery store, restaurants, and other retail space, located on the south side of Schaefer Avenue between Fern and Euclid Avenues. The developer leased out the undeveloped parcels to different users who would build -to-suit in conformance with the conceptual footprint and with the architectural elements of the shopping center.

On October 21, 2019, the Chino Planning Commission approved an application submitted by Fern Chino, LLC (developer) for an Administrative Approval and Special Conditional Use Permit to construct a 9,820 -square foot childcare center on a vacant pad within the Stater Brothers Plaza (Exhibit A).

The conditions of approval required off -site, accessibility and other public improvements along Fern Avenue including, but not limited to pavement, sidewalk, driveway entrances, curb ramps and crosswalk which necessitated a Public Improvement Agreement that was executed June 16, 2020 (Exhibit B).

ISSUES/ANALYSIS
The public improvements are substantially complete and ha ve been constructed to the satisfaction of the City Engineer. The public improvements that are being accepted by the City include pavement, sidewalk, driveway entrances, curb ramps and crosswalk.

These improvements were made to bring the pedestrian facilit ies up to accessibility standards and contribute to a positive city image by providing a safe pedestrian access to include a flashing light crosswalk. The improvements that are being accepted have been satisfactorily constructed to meet City and all applicable accessibility requirements.

All required development related fees have been paid and security for a one -year warranty period has been submitted. Under the warranty bond obligation, the developer will correct any defects found within one-year of City Council’s acceptance of the project.

Attachments:

Exhibit A - Location Map
Exhibit B - Public Improvement Agreement

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S C H A E F E R A V E N U E

F E R N A V E N U E

E U C L I D A V E N U ER E D B U D L A N E

PROJECTSITE
EXHIBIT "A"AA 19-0024 SITE APPROVAL
SCALE: 1"=200'
NA CIVIL, INC.CIVIL ENGINEERING • SURVEYING22672 LAMBERT STREET, SUITE 606LAKE FOREST, CA 92630949.753.0600 LEGEND

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Revenue: Expenditure: 3207100 | 3227190 - 48005 | 48008 | 48009 - TR172
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
TO:

FROM:

SUBJECT:

COUNCIL MEETING DATE: JULY 19, 2022

ANTHONY ARROYO, INTERIM CITY MANAGER

AMER JAKHER, PUBLIC WORKS DIRECTOR

NOTICE OF COMPLETION - TRAFFIC SIGNAL MODIFICATION PROJECT AT RAMONA AVENUE AND SCHAEFER AVE (TR172).

RECOMMENDATION
1) Accept the Traffic Signal Modification Project at Ramona Avenue and Schaefer Avenue (TR172) Contract No. 2021-024 with DBX, Inc., as complete; 2) release the retention funds following the 35-day lien period; and 3) authorize the Director of Public Works to file the Notice of Completion.

FISCAL IMPACT
The project was completed within the project budget. The remaining funds will be returned to the proper fund balance.

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

11.12 CONSENT CALENDAR Packet Pg. 401
COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: NOTICE OF COMPLETION - TRAFFIC SIGNAL MODIFICATION PROJECT AT RAMONA AEVNUE AND SCHAEFER AVE (TR172)
PAGE 2

BACKGROUND
On June 16, 2020, the City Council awarded a construction contract to DBX, Inc., Temecula, CA in the amount of $423,969 for the Traffic Signal Modificatio n Project at Ramona Avenue and Schaefer Avenue (TR 172). The City Council also authorized expenditures for contingencies in the amount of $41,747, for a potential contract amount not -to-exceed $465,716. On September 21, 2021, City Council approved Contract Change Order No. 4 with DBX, Inc in the amount of $37,508.13 to remove and re -pour concrete paving to aid the grade differential between the existing asphalt pavement and concrete pavement.

The project's scope included the installation of protected left -turn phasing, upgrading existing traffic signal equipment, traffic signal rewiring, installation of a new conduit, and installation of accessible pedestrian facilities.

ISSUES/ANALYSIS
All work has been completed per the terms of the contract. The follow ing is a summary of the final accounting of construction costs for the project:

Original Construction Contract Amount $423,969.00
Contract Change Order No. 1 $8,557.11
Contract Change Order No. 2 $7,720.95
Contract Change Order No. 3 $13,110.00
Contract Change Order No. 4 $37,508.13
Final Construction Contract Amount $490,865.19
Construction Contingency Balance $12,358.94

DBX, Inc., Temecula, CA has complied with the terms of the contract. A Notice of Completion has been prepared for filing with t he San Bernardino County Recorder's Office. The retention funds will be released following the 35-day lien period.

Attachment: Notice of Completion - TR172

11.12 CONSENT CALENDAR
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RECORDING REQUESTED BY
City of Chino
Public Works Department
P.O. Box 667
Chino, CA 91708

AND WHEN RECORDED MAIL TO

City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION

CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

Notice is hereby given that:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Chino

3. The full address of the undersigned is 13220 Central Avenue, Chino, CA 91710

4. The nature of the title of the undersigned is: In fee City Right-of-Way (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:

Names Addresses

City of Chino 13220 Central Avenue, Chino, CA 91710

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

N/A

N/A
(If no transfer made, insert “none”)

7. A work of improvement on the property hereinafter described was completed on July 19th, 2022

8. The name of the contractor, if any, for such work of improvement was:

DBX, Inc.
(If no contractor for work of improvement as a whole, insert “none”)

9. The property on which said work of improvement was completed is in the City of Chino, County of San Bernardino, State of California, and is described as follows:

Traffic Signal Modification Project at Ramona Avenue and Schaefer Avenue (TR 172)

10. The street address of said property is
Ramona Avenue and Schaefer Avenue

S
IGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: 07.19.2022 Amer Jakher, Director of Public Works

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF CHINO )

I HEREBY CERTIFY that I am the Assistant City Manager for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury, that the foregoing is true and correct. Executed on July 19th, 2022 , at City of Chino, California

Amer Jakher
Director of Public Works

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Revenue: Expenditure: 3207100-40005-ST183

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: JULY 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: APPROVE A CONSTRUCTION CONTRACT CHANGE ORDER: RIVERSIDE

DRIVE STREET REHABILITATION AND TRAFFIC SIGNAL MODIFICATION PROJECT (ST183) AND 11TH STREET STORM DRAIN PROJECT (SD211).

RECOMMENDATION
1) Authorize an increase of $19,080.54 in construction contingency expenditures for a revised amount of $638,805.59 and a not to exceed total contract amount of $6,836,056.09; 2) approve a construction contract change order to Sully-Miller Contracting Company for the Riverside Drive Street Rehabilitation and Traffic Signal Modification Project (ST183) and 11th Street Storm Drain Project (SD211) in the amount of $78,999.85 for a total contract amount not-to- exceed $6,836,056.09; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
The project was completed within the adopted project budgets for ST183 and SD211.

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

11.13 CONSENT CALENDAR
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COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: APPROVE A CONSTRUCTION CONTRACT CHANGE ORDER: RIVERSIDE

DRIVE STREET REHABILITATION AND TRAFFIC SIGNAL MODIFICATION PROJECT (ST183) AND 11TH STREET STORM DRAIN PROJECT (SD211)
PAGE 2

BACKGROUND
On June 16, 2020, City Council awarded a construction contract to Sully-Miller Contractin g Company, Brea, CA, in the amount of $6,197,250.50 for the Riverside Drive Street Rehabilitation and Traffic Signal Modification Project (ST183) and 11th Street to Chino Avenue to Riverside Drive Storm Drain Project (SD211). Additionally, the City Council authorized expenditures of up to $619,725.05 for project contingencies, bringing the total construction contract to a not-to-exceed amount of $6,816,975.55.

During the duration of this contract, several change orders were approved and issued, encompassing a wide scope. The change orders issued included completed quantity and balancing changes for the construction. The final contract change order was required to complete work that was not included in the original design but was necessary to complete the project.

All improvements within the project scope have been successfully constructed with the exception of minor punch list items. The completed work included reconstruction and overlay of the entire street section on Riverside Drive from Central Avenue to Oaks Avenue, pedestrian accessibility improvements including curb ramps, sidewalk, curb, curb and gutter, traffic signal modifications at the intersections of Riverside Drive at Tenth Street, Benson Avenue and Oaks Avenue, and a storm drain segment on 11th Street from Riverside Drive to Chino Avenue, signage and striping improvements.

ISSUES/ANALYSIS
Staff is recommending an increase of $19,080.54 in contract contingency for a not to exceed revised contract amount of $6,836,056.09 to complete the Riverside Drive Street Rehabilitation and Traffic Signal Modification Project Budget (ST183) and the 11th St Chino Ave to Riverside Dr Storm Drain Project (SD211).

Attachment: Change Order No. 19 - Project No. ST183 & SD211

11.13 CONSENT CALENDAR Packet Pg. 405
DATE:

PROJECT: $6,197,250.50
$559,805.74
LOCATION: Riverside Dr From Central Ave. to Oaks Ave. $78,999.85 $6,836,056.09
TO (Contractor): Sully Miller Contracting Company

UNIT UNIT PRICE

CHANGE IN

CONTRACT
PRICE
LS $ 12,840.00 $ 12,840.00
LS $ 2,387.00 $ 2,387.00
LS $ 6,682.00 $ 6,682.00
LS $ 5,930.00 $ 5,930.00
LS $ 2,180.00 $ 2,180.00
LS $ 1,800.00 $ 1,800.00
LS $ 2,147.00 $ 2,147.00
LS $ 8,792.00 $ 8,792.00
LS $ 26,840.00 $ 26,840.00
LF $ 31.00 $ 372.00
LS $ 9,029.85 $ 9,029.85
78,999.85$
559,805.74$
638,805.59$
$78,999.85
$6,836,056.09 including the previously authorized change orders in sum of CCO 19.11 Sawcut concrete and install joint seal at crosswalks on 11th, 12th and 13th streets 1.00 CCO 19.9
Correct slopes on 14th Street and Riverside (crosswalk at W and S leg of the intersection), grind and overlay the intersection. Running slope is exceeding 5% on westerly crosswalk (design did not call for reconstruction).

1.00 CCO 19.10 Additional quantitity on bid item 38 12.00 CCO 19.7 Patch exposed wall footing at catch basin #2 due to lowered elevation of new sidewalk constructed. 1.00
CCO 19.6 Grind brick at 13185 11th Street to eliminate the lip to the private property walk path. 1.00 Repair damaged curb and sidewalk at southeast corner of 13th Street and Riverside.

Sawcut/remove damaged/broken portion of concrete walk and install new concrete to extend the walk to 60” width, and construct new retaining curb by doweling into the existing/extended walk.

Existing walk/curb remains, no asphalt slot patch needed.

1.00 CCO 19.4 Patch damaged ramp and domes at southeast corner of 13th Street and Riverside. 1.00 CCO 19.5 Patch damaged cobble. 1.00
$559,805.74
Repair the damaged AC at 11th street at two locations identified. Due to accessibility requirements, the ramp at 11th Street NW corner was redesigned, and this repair is necessary to repair the damaged AC.
thereby is
is hereby applied to the contract price of $6,197,250.50

1.00 CCO 19.2 Replace elastic joint filling material with concrete within crosswalk/curb ramp limits at northside of 11th street on Riverside. 1.00
CCO 19.3
11th Street Storm Drain
Authorized Amount For This Contract Change Order:

TOTAL CHANGE ON THIS CONTRACT CHANGE ORDER

DESCRIPTION
The sum of

TOTAL CHANGE ON PREVIOUSLY AUTHORIZED CONTRACT CHANGE ORDERS CCO 19.1
CCO 19.8 Epoxy or grout pullbox holes throughout project. 1.00

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CONTRACT CHANGE ORDER
CHANGE ORDER NO: 19r306/09/22 2021-026
FY 2018-19 Street Rehabilitation and TSM

QUANTITY
Adjusted Contract Amount:

THE CONTRACT IS CHANGED AS FOLLOWS:

Previously Authorized Contract Change Orders:

ITEM NO.

CONTRACT NO.:

Original Contract Amount:

ST-183&SD-211

NET CHANGE IN CONTRACT PRICE
and the total adjusted contract price to date
This document shall become an amendment to the contract and all provisions of the contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated.

The time provided for completion in the contract is increased by 0 working days. The completion date is 8/3/2021 .

Page 1 of 3 ends

City of Chino
EunicE m. ulloa
mayor
maRc lucio
mayor Pro Tem
KaREn c. comST ocK
cHRiST oPHER FloRES
WalT PococK
council members
anTHonY aRRoYo
interim city manager

13220 central avenue, chino, california 91710
mailing address: P.o. Box 667, chino, california 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org

11.13.a
Contract Change Order: ST183 and SD211
Packet Pg. 406
DATE: CONTRACT NO.:

ACCEPTED BY: Gary Downey
RECOMMENDED BY: Okan Demirci, PE
APPROVED BY: Maria Fraser, PE
APPROVED BY: Amer Jakher, PE
Director of Public Works
APPROVED BY: Anthony Arroyo
ATTEST:

DateCity Manager
NOTE: All workmanship and materials called for by this Change Order shall be fully in accordance with the original Contract Document insofar as the same may be applied without conflict to the conditions set forth by this Change Order. The time for completing the Contract will not be extended unless expressly provided for in the Change Order. This Change Order shall not be considered as such until it has been signed by authorized representatives of the Contractor and the City. Upon final approval, distribution of copies will be made as required.

CHANGE ORDER NO: 19r3
Date
2021-026
CIP Manager
Date
Date
Date
Project Engineer
Date

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CONTRACT CHANGE ORDER
Contractor
06/09/22
ST-183&SD-211
City Clerk

Page 2 of 3 ends

City of Chino
EunicE m. ulloa
mayor
maRc lucio
mayor Pro Tem
KaREn c. comST ocK
cHRiST oPHER FloRES
WalT PococK
council members
anTHonY aRRoYo
interim city manager

13220 central avenue, chino, california 91710
mailing address: P.o. Box 667, chino, california 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org

11.13.a
Contract Change Order: ST183 and SD211
Packet Pg. 407
DATE: CONTRACT NO.:

1. Necessity for change:

2. Is proposed change an alternate bid?

3. Will proposed change alter the project scope?

4. Effect of this change on project contractors? None

5. Has consent of surety been obtained?

6. If Yes, will the policies be extended?

7. Effect on operation and maintenance costs: None.

DISTRIBUTION:

Original: Contract File/City Clerk
Copy: Project Engineer for Contractor
Management Analyst (2)
Project File
PW CO File

REQUEST AND JUSTIFICATION FOR CHANGE
2021-026
Will this change effect expiration or extent of insurance coverage? See page 1.

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CONTRACT CHANGE ORDER
CHANGE ORDER NO: 19r3
ST-183&SD-211
06/09/22
No
Yes
Yes
No
No
No
No
Not Necessary
Yes
Yes
Yes
Yes

Page 3 of 3 ends

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$69,598.00

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Packet Pg. 414

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Contract Change Order: ST183 and SD211
Packet Pg. 418

March 17, 2022

To: City of Chino
13220 Central Avenue
P.O. Box. 667
Chino, CA 91708-0667

Attn: Mr. Okan Demirci, PE, QSD/P
Construction Manager

Re: FY 2018-19
Street Rehabilitation and TSM
Riverside Drive Project (Project No. ST – 183)
SM Project #10232420

Sub: Change Order Request #029 – Seal Pavement Joints (Authorized Extra Work Shared Cost)

Gentlemen:

Below and attached is our authorized extra work to seal pavement joints (shared cost):

AEW 3/2/2022- Joint Sealing (Shared Cost) $ 9,029.85 3/3/2022

Please Review/Approve, or Advise.

Respectfully,

Mike Jones
Assistant Project Manager
Sully-Miller Contracting Company

Attachments

11.13.a
Contract Change Order: ST183 and SD211
Packet Pg. 419
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9,029.85

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Packet Pg. 420
Sully Miller Construction Job Name:C/O CHINO-FY2018-19 STREET REHABJob Code10232420 Daily Report

x_________________________________________________________ Date: __________________

'c' - indicates a completed item. '(R)' - indicates a rework quantity. Printed on:03/17/202216:52:57Page1 Time Card: Date - 03/02/2022 (Wednesday)Foreman - 10174195 Revision - 0 Shift - 1 Cost Codes 16990001 Description PCC Re-Work Prod. Qty.0 LS CodeNameClassTotals

10174195Roth, Cory S2090_2048/18/1

10154026Urenda JR, Jaime2180_2048 8

10403206Ochoa JR, Jesse2180_9088 8 Totals for LaborHours:25Worked:25Broken Out:(24/1/0)

Cost Codes

16990001

Description

PCC Re-Work

Prod. Qty.0 LS CodeNameClassTotals

SUL10783321 FORD F250 XL 4X2 8 8

SUL10418618 FORD F150 XLT 4X2 8 8

SUL13613820 Big Tex 14LX #14K D 8 8

SUL72005507 WANCO ARROWBO 8 8

SUL72004000 LED ARROWBOARD 8 8 Totals for EquipmentHours:40Worked:40Broken Out:(40/0/0) Time Card Notes: Date - 03/02/2022 (Wednesday)Foreman - 10174195 MeterPer CodeNameBeginEndStartBreak (1)LunchBreak (2)Meal (2)EndDiemSubsistenceNotes

10174195Roth, Cory S 07:00Yes12:00-12:30Yes 16:30 10154026Urenda JR, Jaime 07:00Yes12:00-12:30Yes 15:30 10403206Ochoa JR, Jesse 07:00Yes12:00-12:30Yes 15:30

11.13.a
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Packet Pg. 421
Sully Miller Construction Job Name:C/O CHINO-FY2018-19 STREET REHABJob Code10232420 Daily Report

x_________________________________________________________ Date: __________________

'c' - indicates a completed item. '(R)' - indicates a rework quantity. Printed on:03/17/202216:52:57Page2 Time Card: Date - 03/03/2022 (Thursday)Foreman - 10174195 Revision - 0 Shift - 1 Cost Codes 16990001 Description PCC Re-Work Prod. Qty.0 LS CodeNameClassTotals

10174195Roth, Cory S2090_2048/18/1

10154026Urenda JR, Jaime2180_2048 8

10403206Ochoa JR, Jesse2180_9068 8 Totals for LaborHours:25Worked:25Broken Out:(24/1/0)

Cost Codes

16990001

Description

PCC Re-Work

Prod. Qty.0 LS CodeNameClassTotals

SUL10783321 FORD F250 XL 4X2 8 8

SUL10418618 FORD F150 XLT 4X2 8 8

SUL13613820 Big Tex 14LX #14K D 8 8

SUL72005507 WANCO ARROWBO 8 8

SUL72004000 LED ARROWBOARD 8 8 Totals for EquipmentHours:40Worked:40Broken Out:(40/0/0) Time Card Notes: Date - 03/03/2022 (Thursday)Foreman - 10174195 MeterPer CodeNameBeginEndStartBreak (1)LunchBreak (2)Meal (2)EndDiemSubsistenceNotes

10174195Roth, Cory S 07:00Yes12:00-12:30Yes 16:30 10154026Urenda JR, Jaime 07:00Yes12:00-12:30Yes 15:30 10403206Ochoa JR, Jesse 07:00Yes12:00-12:30Yes 15:30

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Packet Pg. 422

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Packet Pg. 423

Revenue: Expenditure: 6607400-48070

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: JULY 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: PURCHASE ORDER - 2023 FORD TRANSIT VAN.

RECOMMENDATION
Approve a purchase order to National Auto Fleet Group, Watsonville, CA in the amount of $48,742.74 for the purchase of one (1) 2023 Ford Transit T250 Low Roof 130 WB Cargo Van and authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2022-23 Operating Budget.

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

The recommendation detailed ab ove 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
• Responsible Long-Range Planning

11.14 CONSENT CALENDAR
Packet Pg. 424
COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: PURCHASE ORDER - 2023 FORD TRANSIT VAN
PAGE 2

BACKGROUND
The Public Works Department - Fleet Division is responsible for the purchase, maintenance, and replacement of all City -owned vehicles. When a vehicle is purchased, it is assigned a unit number and placed on a replacement schedule. The following vehicle (assigned to the Finance Department) needs replacement due to mechanical conditions and depreciation:
· Unit No. 014 -2005 Chevrolet 2500 Cargo Van

ISSUES/ANALYSIS
Finance staff, with the assistance of Public Works staff, compiled specifications and prepared a bid package for two (2) model year 2023 Ford Transit Vans. The selected vehicle was chosen to maintain consistency with the overall fleet, operator and mechanic familiarity, and the availability of parts from local dealerships. On May 24, 2022, a bid notice was published on Planet Bids and broadcasted to 58 dealerships.

On June 7, 2022, the City received no bids for this solicitation.

In an effort to optimize financial resources, Section 3.32.060(B)(2) of the City’s Purchasing Ordinance allows the City to take advantage of competitive bids awarded to contractors and vendors by other public agencies. This process has been utilized previously to purchase a variety of products and services utilized throughout the City.

On July 28, 2021, the National Joint Powers Alliance (NJPA) (Sourcewell ) issued a Request for Proposal (RFP #091521) and conducted a nationwide competitive bid process for the procurement of vehicles, cars, vans, SUVs, and light trucks with related equipment, accessories, and services. As a result, National Auto Fleet Group, Watsonville, CA was selected as the vendor to provide these types of vehicles utilizing NJPA/Sourcewell’s bid program through November 8, 2025.

Therefore, the City contacted National Auto Fleet Group, Watsonville, CA, and requested individual pricing (utilizing Sourcewell’s Contract No. 091521-NAF) for two (2) 2023 Ford Transit T250 Low Roof 130 WB Cargo Vans. Below is a breakdown of the individual pricing:

National Auto Fleet Group
Vehicle Description Unit Price Tax & Fees Total Cost
2023 Ford Transit Van $45,324.00 $3,418.74 $48,742.74

Staff has reviewed and approved pricing provided by National Auto Fleet Group and intends to purchase one (1) of these vehicles. It should be noted that two vehicles were initially sought so the City may also pu rchase a van for the City’s Channel 3 Broadcast Team. This would allow staff to transport equipment for remote shoots at citywide events or for special videos. However, to accommodate seating for the entire broadcast team, a different type of transit van will need to be identified and purchased. Therefore, staff only recommends that the City Council approve a purchase order to National Auto Fleet Group, Watsonville, CA in the amount of $45,324.00 plus sales tax and fees of $3,418.74, for a total purchase or der amount of $48,742.74. All support

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COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: PURCHASE ORDER - 2023 FORD TRANSIT VAN
PAGE 3

documents are on file with the City’s Finance Department - Purchasing Division.

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Revenue: Expenditure: 5207310 - 48005 | 48007 | 48008 | 48009 - WA221
5207310 - 48005 | 48007 | 48008 | 48009 -
WA222

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: JULY 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: REJECTION OF BIDS: CENTRAL AVENUE AND DUPONT AVENUE WATERLINE REPLACEMENT PROJECTS (WA221 & WA222).

RECOMMENDATION
Reject all bids for Project No. WA221/WA222 - Water Main Replacement at Central Avenue and Dupont Avenue received on July 6, 2022 and authorize staff to re-bid the project on July 20, 2022.

FISCAL IMPACT
There are sufficient funds included in the FY 2021-22 Capital Improvement Program for projects WA221 and WA222

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:
• Superior Customer Service
• Responsible Long-Range Planning

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COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: REJECTION OF BIDS: CENTRAL AVENUE AND DUPONT AVENUE WATERLINE REPLACEMENT PROJECTS (WA221 & WA222)
PAGE 2

BACKGROUND
Project No. WA221/222 - Water Main Replacements at Central Avenue (from Chino Avenue to C Street and D Street from Central to Alley west of 6 th Street) and Dupont Avenue (from Alton Street to Gates Street) is part of the Fiscal Year 2021 -2022 Capital Improvem ent Program Budget. Staff developed a Capital Improvement Program that identifies and phases recommended waterline replacement projects to ensure the City efficiently delivers safe and reliable drinking water to its customers. City staff has elected to bundle the two projects together for design and construction to deliver the projects efficiently and cost-effectively.

Project WA221 includes the replacement of a 16-in steel waterline upsizing to an 18-in polyvinyl chloride (PVC) waterline on Central Avenue from Chino Avenue to C Street. The project scope also includes the replacement of an 8 -in steel waterline on D Street from Central Avenue to the alleys west and east of 6th Street. Design includes tie -ins from the new Central Avenue waterline to Chino Avenue, D Street, and three alleys within the project limits. Water operations will be improved by adding sufficient valving for proper shutdowns along the waterline replacements. There are multiple water service connections, hydrant laterals, and fire service laterals, including valve assemblies that will also be replaced.

Project WA222 includes the replacement of an 8 -in ductile iron pipe (DIP) waterline to a 12 -in PVC waterline on Dupont Avenue from Alton Street to Gates Street. Design includes tie-ins from the new Dupont Avenue waterline to the 12 -in stub-outs on Alton and Gates Streets. There are multiple water service connections, hydrant laterals, and fire service laterals, including valve assemblies that will also be replaced.

ISSUES/ANALYSIS
On June 21 , 2022, staff published a formal Notice Inviting Bids (IFB 20227025) via the City’s PlanetBids website and locally on the Chino Champion Newspaper on June 25 and July 2, 2022 for Project No. WA221 & WA222 - Central Avenue and Dupont Avenue Waterline Replac ement Project. On July 6, 2022, at 10:00 a.m., three (3) bids were received and opened with the following results:

Company Name City Bid Amount
CEM Construction Corp Montebello, CA $2,913,303
Empire Equipment Service,
Inc
Riverside, CA $4,023,581
Dominguez General
Engineering, Inc.

Pomona, CA $5,510,275

On July 13, 2022, City staff received a bid protest from Empire Equipment Service, Inc. Similarly, City staff identified technical setting issues with Planet Bids that existed during the bidding period. These included contractors receiving errors while uploading documents and Planet Bids displaying the incorrect cost totals. The identified issues have been corrected with Planet Bids.

Therefore, staff recommends that the City Council rejects all bids for Project No. WA221/WA222 - Water Main Replacements at Central Avenue and Dupont Avenue received on July 6, 2022 and authorize staff to re-bid the project on July 20, 2022.

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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: JULY 19, 2022

TO: ANTHONY ARROYO, INTERIM CITY MANAGER

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

SUBJECT: ADOPT ORDINANCE NO. 2022-010, SENATE BILL 9 AND ANIMAL KEEPING (SECOND READING).

RECOMMENDATION
Adopt Ordinance No. 2022 -010 on second reading, amending Title 19 (Subdivisions) and Title 20 (Zoning) of the Chino Municipal Code, regarding developments and lot splits authorized by Senate Bill (SB) 9, amending certain regulations of accessory dwelling units that are impacted by SB 9, and revising provisions regarding the keeping of chickens in the RD 4.5 Zone.

FISCAL IMPACT
There is no fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Responsible Long-Range Planning

11.16 CONSENT CALENDAR
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COUNCIL MEETING DATE: JULY 19, 2022
SUBJECT: ADOPT ORDINANCE NO. 2022-010, SENATE BILL 9 AND ANIMAL KEEPING (SECOND READING)
PAGE 2

BACKGROUND
This matter was introduced on first reading by the Council at their July 5, 2022 meeting. The update to Chapter 19 (Subdivisions) and Chapter 20 (Zoning) of the Municipal Code to a ddress the provisions of SB9 is consistent with the City’s value of Responsible Long -Range Planning, as the changes address the mandated requirements outlined by SB9 while also implementing additional objective standards to limit the impact on the Communit y. The changes also update the ADU and animal keeping provisions of the Zoning Code. Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
Ordinance No. 2022-010:

AN O RDINANCE OF THE CITY COUNCIL O F THE CITY OF CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF TITLE 19 (SUBDIVISIONS) AND TITLE 20 (ZONING) OF THE MUNICIPAL CODE TO ADOPT REGULATIONS REGARDING DEVELOPMENTS AND LOT SPLITS AUTHORIZED BY SENATE BILL 9, AMENDING

CERTAIN REGULATIONS OF ACC ESSORY DWELLING UNITS THAT ARE IMPACTED BY SB 9, AND REVISING PROVISIONS REGARDING THE KEEPING OF CHICKENS IN THE RD

4.5 ZONE. PL22-0035 (ZONE ORDINANCE AMENDMENT).

Attachments: Ordinance No. 2022-010

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ORDINANCE NO. 2022-010

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF
TITLE 19 (SUBDIVISIONS) AND TITLE 20 (ZONING) OF THE

MUNICIPAL CODE TO ADOPT REGUL ATIONS REGARDING

DEVELOPMENTS AND LOT SPLITS AUTHORIZED BY SENATE
BILL 9, AMENDING CERTAIN REGULATIONS OF ACCESSORY
DWELLING U NITS THAT ARE IMPACTED BY SB 9 , AND

REVISING PROVISIONS REGARDING THE KEEPING OF
CHICKENS IN THE R D 4.5 ZONE . PL22-0035 (ZONE
ORDINANCE AMENDMENT).

The City Council of the City of Chino, California, does hereby ordain as follows:

Section 1. Section 19.04.110 (Urban lot spli ts) is hereby added to the Chino Municipal Code and shall read as follows (additions in red):

19.04.110 - Urban lot splits.

A. Purpose. The purpose of th is Section is to establish procedures and standards for urban lo t spl its in accordance with the requirements of Government Code Section 66411.7. Where this Section is in conflict with any other provision of Title 19, this Section shall govern.

B. Application requirements and review process.

1. Only individual property owners may apply for an urban lot split. “Individual property own er” means a natural person holding fee title individually or jointly in the person’s own name or as a beneficiary of a trust that holds fee title. “Individual proper ty owner” does not include any corporation or corporate person of any kind (partnership, LP , LLC, C corp, S corp, etc .) except for a “community land trust,” as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a “qualified nonprofit corporation” as described in Revenue and Taxation Code Section 214.15.

2. The applicant for an urban lot split shall submit an application on a form approved by the director of developm ent services and shall simultaneously file a tentative map and accompanying reports and application fees in accordance wit h the re quirements of Section

19.02.030 for a regular tentative map , or Sect ion 19.03.020 for a vesting tentative map.

3. The tentative map shall then be accepted or rejected for fi ling in accordance with Sect ion 19.02.040 and, after the filing is complete, shall be revie wed in accordance with subsections ( A) through (C) of Sectio n 19.02.050. The director of development services’ written report shall then be provided to the city engineer.

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4. The city engi neer shall approv e, conditio nally approve , or d eny approval of the tentative map. The city engineer’s consideration of th e tentative map shall be m inisterial, without discret ionary review or a hearing . The tentative map shall be approved if the city engineer finds that map complies with the Subdivision Map Act and the requirements of this Section.

5. Notwithstanding subsection B.4, the city engineer may deny an application for an urban lot split if the building off icial, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a spec ific, adverse impact, as defined in Government Code Section
65589.5(d)(2), upon public health and safety or the phys ical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

6. Following approval of a tentative map, the applicant shall submit a parcel map, and shall comply with the application requirements in Section 19.04.020.

7. At least ten days before the city engineer approves or denies the parcel map , the director of development ser vices, or designee, shall mai l a courtesy notice to the owner(s) of each pro perty immediately adjacent to the prope rty where the proposed lot split will be located informing the owner(s) of the submitted parcel map.

8. The city engineer , without prior submitt al to or approval by the planning commission or city council, shall approve the parcel map if it is in compliance with the Subdivision Map Act, local ordinances, and this title , and the conditions of approval of the tentative map have been met. The city engineer shall, at the time of his or her action on the parcel map, accept or reject any and all offers of dedication and other easements.

9. The appeal process for the decision of the city engineer shall be as described in Section 19.01.110.

10. Upon the approval of the parcel map, the city clerk shall submit the approved parcel map for recordation in the same manne r as provided for final maps set forth in Section 19.05.250.

C. Parcel requirements. The parcel th at is proposed for subdivision through an urban lot split:

1. Shall be located in an RD1, RD2, or RD4.5 zoning district;

2. Shall have at least one reside ntial d welling unit located on it on the date that the urban lot split is ap proved, unless the parce l is owned by a “community land trust,” as defined in Revenue an d Taxation Code Section 402.1(a)(11)(C)(ii), or a “qualified nonprofit

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corporation” as described in Revenue and Taxation Code Section 214.15;

3. Shall only have resid ential u ses located on i t on t he date the urban lot split is approved;

4. Shall not be located o n a parcel that is a ny of the following, as more particularly described and defined in Government Code Section 65913.4(a)(6)(B) through (a)(6)(K):

a. Prime farmland, farmland of statewide importance, or land zoned or designated for agri cultural protection by an
approved local ballot measure;

b. Wetlands;

c. Within a very high fire hazard severity zone as determined by the Department of F orestry and Fire Protection, unless the site h as ado pted fire hazar d mi tigation m easures pursuant to existing building stan dards or state fire
mitigation measures;

d. A haz ardous waste site that has no t b een cleared for residential use;

e. Within a delin eated earthqua ke fault zone unless the development c omplies with all applicable sta te and loca l seismic protection building code standards;

f. Within a special flood hazard area subject to inundation by a 100-year flood, unless:

i. The site has been subject to a Letter of Map
Revision p repared by the Fede ral Emergency
Management Agency and issued to the city; or

ii. The si te meets Fed eral Emergency Manage ment
Agency requirements necessary to meet m inimum
flood pla in m anagement cr iteria of the National
Flood Insurance Program;

g. Within a regula tory floodway, unless the developme nt has received a no-rise certification;

h. Lands identified for conservatio n in an adopted nat ural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan;

i. Habitat for protected species; or

j. Land under a conservation easement;

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5. Shall not be located within a historic district or on prope rty included on the State Histo ric Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that i s designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance;

6. Shall not have been created through a previous urban lot split; and

7. Shall not be adjacent to a parcel that was previously subdivided through an urban lot split by the owner of the parcel on which the urban lot split is proposed or any person actin g in concert with the owner.

D. Additional requirements.

1. An urban lot sp lit shall subdivid e an existing parcel to create no more t han two new parcels of approximately equal lot area, provided that:

a. Neither resulting parcel shall be smaller than 40 percent of the lot area of the original parcel proposed for subdivision;

b. Neither resulting parcel shall be smaller than 1,20 0 square feet;

c. Each resulting parcel shall inclu de at lea st 40 p ercent of the street frontage of the origin al p arcel propose d for subdivision; and

d. Flag lots are not permitted.

2. An urban lot split shall not result in the creation of a parcel with more than two existing units, as defined in Subsection F.

3. An urban lot split shall not require or allow the demolition or alteration of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance, or law that re stricts rents to levels affordabl e to persons and families of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

c. A parcel on which an owner of residential real property has exercised the owner’s r ights un der Chapter 12.75
(commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from

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rent or le ase within 15 years before the date that the development proponent submits an application.

d. Housing that h as been occupied by a tenant in the last three years.

4. As a condi tion of approval for an urban lot split, the owner of the parcel being split shall sign an affidavit, in a form approved by t he city attorney, stating that:

a. The proposed urban lot spl it will not violate the
requirements of Subsection D.3 of this section;

b. Neither the owner , nor a ny person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split; and

c. The owner intends to occupy a residential dwelling unit on one of the parcels created by the urban lo t split as their primary residence for a minimum of three years fr om the date of the approval of the urban lot split. This s ubsection D.4.c shall not ap ply if the o wner of the parcel i s a “community land trust,” as defined in Revenue and
Taxation Co de Section 402.1 (a)(11)(C)(ii), or a “qualified nonprofit corporation” as described in Revenue and
Taxation Code Section 214.15.

5. As a condi tion of approval of an urba n lot split, the own er shall dedicate all easements over the resulting parc els required for the provision of public services and facilities, as determined by the city engineer.

6. Each parcel resulting from an urban lot split shall have access to or adjoin the public right-of-way.

7. The city shall not require as a condition of approval of an urban lot split:

a. Dedications of righ ts-of-way or the constru ction of offsite improvements; or

b. The correction of non -conforming zoning conditions
existing on the parcel that will be divided.

8. An urban lot split:

a. Shall conform with all the requirements of the Subdivisio n Map Act; and

b. Shall conform wit h a ll the requirements applicable to parcels maps under this chapter, except for th ose

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requirements that conflict w ith the requirements of this section, in which case the provisions of this section shall control.

E. Limitations applicable to new parcels.

1. Parcels created by an urban lot split shall only be used for residential uses, notwithstanding the fact that ot her uses may be permitted in the zoning district in which the parcels are located.

2. Residential units constructed on parcels created by an urban lot split shall not be rented for a term of less than thi rty-one (3 1) consecutive days.

3. A parcel created through an urb an lot split may not be further subdivided by a subsequent urban lot split.

4. Separate conveyance of the lots resulting from an urban lot split is permitted. If dwellings or other structur es (such a s garag es) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if th e structures meet building code safet y standards and are su fficient to allow separate conveyance. If any attached structures span or will span the new l ot line, the ow ner must record appropr iate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibilities between the owners of the two lots.

F. Limitation on number of units. Notwithstanding any other provision of this code, no more than two units are permitted on any parcel created by an urban lot split. For the purp oses of this Section, “unit” means an y dwelling unit, including, but not limited to, a primary dwelling unit, a unit or units cr eated pursuant to Section 20.04.050 (Second primary units and duplexes in single -family zones), an accessory dwelling unit , or a junior accessory dwelling unit.

G. Deed restr iction. As a c ondition of approval of an urban lot split, the owner of the parcel to be d ivided shall execu te a d eed r estriction, in a form approved by the city attorney, which shall be recorded on each of the resulting parcels, at the property owner’s cost, and shall limit the use of each parcel in accordance with the standards of this section. Violation of t he dee d res triction shall be considered a violation of this code and may be enforced in a manner that this code may be enforced.

Section 2. Section 19.06.030 of t he Chino Municipal Code is hereby rev ised as follows (additions in red):

Parcel design shall conform to the zoning code, the general plan, any applicable specific plans and the following:

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A. Dimensions. Minimum parcel dimensions shall be as specified in Title 20 of the Chino Municipal Code for lots in the applicable zoning district.

B. Frontage. Each parc el of land shall have the minimum lot frontage required by Tit le 20 of the Chino Municipal Code on a public stre et, or a private street that provides a direct or indirect connection to a pu blic street.

C. Urban Lot Splits . Notwithstanding Subsections A and B, the d imensions and minimum lot frontage requ irements for a parcel created through an urban lot split shall be governed by Section 19.04.110.

Section 3. A definition of “Urban lot split” is hereby added to Section 19.15.020.U of the Chino Municipal Code and shall read as follows (additions in red):

2. Urban lot split. “Urban lot split” means the division of a single parcel into two separate parcels in compliance with the provisions of Section

19.04.110 (Urban lot splits).

Section 4. Table 20.04-1 of the Chino Municipal Code is hereby revised as follows with the remainder of the Table re maining unchange d (additions in red; deletions in bold strikethrough):

TABLE 20.04-1 LAND USE REGULATIONS FOR SINGLE-FAMILY

RESIDENTIAL ZONING DISTRICTS
Uses
Zoning Districts Additional
Regulations RD1 RD2 RD4.5 RD8
Single-Family Homes P P P P
Duplex Homes ■ P ■ P ■ P A Sections 20.04.030.B.54
and 20.04.050
Multiple-Family Dwellings ■ ■ ■ ■
Accessory Dwelling Units P P P P Section 20.11.020 Junior Accessory Dwelling Units P P P P Section 20.11.020 Second Primary Units P P P ■ Section 20.04.050
Senior Housing Projects ■ ■ ■ C Section 20.21.340
Congregate Care Facilities ■ ■ ■ ■ Section 20.21.460 Group Homes and Facilities ■ ■ ■ ■
Mobile Home Parks ■ ■ C C Section 20.21.130
Common Interest Subdivisions C C C C
Residential Care Facilities, Small P P P P
Residential Care Facilities, Large C C C C Section 20.21.070

…

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Animal Keeping I I I I/A Section 20.21.030

Section 5. Table 20.04-2 of the Chino Municipal Code is hereby revised as follows with the remainder of the Table remainin g unchange d (additions in red; dele tions in bold strikethrough):

TABLE 20.04-2 LAND USE REGULATIONS FOR MULTIPLE FAMILY

RESIDENTIAL ZONING DISTRICTS
Uses
Zoning Districts Additional
Regulations RD12 RD 14 RD20
Residential Uses, Activities and Facilities
Single-Family Homes P ■ ■
Duplex Homes P P P Section 20.04.030(B)(54)

Section 6. Section 20.04.030.B.4 of the Chino Municipal Code is hereby revised as follows (additions in red):

4. Duplexes shall only be allowed in the RD 1, RD 2, and RD 4.5 zones in they meet the requirements of Section 20.04.050. Duplexes shall only be permitted in the RD 8 zone on lots with a lot area of ten thousand square feet or greater.

Section 7. Section 20.04.050 (Second primary units and duplexes in si ngle-family zones) is hereby added to the Chino Municipal Code and shall read as follows (additions in red):

20.04.050 - Second primary units and duplexes in single-family zones.

A. Purpose. The pur pose of this section is t o establish procedures and standards for the appr oval and crea tion of second primary units and duplexes in single -family zones in accordance with the require ments of Government Code Section 65852.21.

B. Application review process.

1. An application for a second primary unit or a duplex in a single family zone shall be reviewed through the zoning clearance process, as described in Section 20.23.110, and the decision may be appealed in accordance with Section 20.23.150.

2. At least ten days prior to making a determination on an application for a second primary unit or duplex under this Section, the director of development services, or designee, shall mail a courtesy notice to the own er(s) of each property immediately adjacent to the property where the proposed developme nt will be loca ted informing the owner(s) of the submitted application.

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3. An application shall be appro ved if the proposed deve lopment complies with all of the r equirements in this section. However, notwithstanding the previous sentence , the City may deny an application for a second pri mary unit or two -unit development if the buil ding official, or designee, makes a w ritten finding, based upon a preponderance of the ev idence, that the proposed second primary unit or duplex would have a specific, adve rse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the ph ysical environment and for which there is no feasible m ethod to satisfactorily mitigate or avoid the specific, adverse impact.

C. Location requirements. Proposed second primary units and duplexes:

1. Shall be located in an RD1, RD2, or RD4.5 zoning district;

2. Shall not be located o n a parcel that is a ny of the following, as more particularly described and defined in Government Code Section 65913.4(a)(6)(B) through (a)(6)(K):

a. Prime farmland, farmland of statewide importance, or land zoned or des ignated for agri cultural protection by an approved local ballot measure;

b. Wetlands;

c. Within a very high fire hazard severity zone as determined by the Department of F orestry and Fire Protection, unless the site has adopted fire hazar d mi tigation m easures pursuant to existing building stan dards or state fire
mitigation measures;

d. A hazardous waste site that has not been cleared for residential use;

e. Within a delin eated earthqua ke fa ult zone unless the development comp lies with al l applicable sta te and loca l seismic protection building code standards;

f. Within a special flood hazard area subject to inundation by a 100-year flood, unless:

i. The site has been subject to a Letter of Map
Revision prepared by the Federal Emergency
Management Agency and issued to the city; or

ii. The si te meets Fed eral Emergency Manage ment
Agency requirements necessary to meet m inimum
flood pla in m anagement criteria of the National
Flood Insurance Program;

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g. Within a regula tory floodway, unless the development has received a no-rise certification;

h. Lands identified for conservatio n in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan;

i. Habitat for protected species; or

j. Land under a conservation easement; and

3. Shall no t be located within a historic district or on property included on the Stat e Historic Resources Inventory, as def ined in Public Resources Code Section 5 020.1, o r wi thin a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

D. No impact on protect ed housing. Proposed second primary units and duplexes:

1. Shall not require or allow the demolition or alteration of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to leve ls afford able to per sons and families of moderate, low, or very low income;

b. Housing that is subject to a ny form of rent o r price control through a public entity’s valid exercise of its police power ; or

c. Housing that has been occupied by a tenant in the last three years;

2. Shall not re quire or allow the demolition of more than 25 pe rcent of the existing ex terior structure walls on the parc el if the parcel has been occupied by a tenant in the last three years; and

3. Shall not be located on a parc el on which a n owner of residential real property has exercised the own er’s rights under the Ellis Act (Government Code Sect ion 7060 t hrough 7060.7) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

E. Development standards. The first p rimary unit built on a parcel shall be subject to the development s tandards in Section 20.04.040. A second primary unit or duplex approved under this Section shall comply with all of the following development standards:

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1. Configuration. A second primary unit may b e attached to or detached from other dwelling units on the parcel.

2. Size. Second primary u nits, an d at least one unit of a new - construction attached duplex, shall be no l arger than 800 squar e feet in floor area.

3. Height. Second primary units , an d at least one unit of a new - construction attached duplex, shall be no taller than one story and 16-feet in height . Second primary un its may not be built above any other structure.

4. Setbacks. No setback beyond the existing setback sha ll be required for an existing structure or for a unit c onstructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second primary units and duplexes built under this Section, shall be set back at least four (4) feet from the side and rear lot lines.

5. Separate Entrances. A second primary unit, and both of the un its of a duplex approved under this Section , shall each have a separate entrance.

6. Additional Development Stan dards. Except as p rovided in Subsections E.1 through E.5, second primary units, and each unit of a duplex build under thi s S ection, shall comply with all development standa rds that would be applicable to a primary dwelling unit on the same parcel.

F. Parking.

1. One new on-site off-street parking space is required for a second primary unit and for each unit in a duplex appr oved under this Section. Such parking spaces s hall be in addition to all existing parking spaces on the parcel.

2. Notwithstanding subsection F.1, no par king spaces are required for a second primary unit or the units of a duplex approved under this Section if either:

a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

b. There is a car share vehicle located within one block of the parcel.

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G. Utilities.

1. A second primary unit, and both of the units in a duplex approved under this Section, shall each have a sep arate connection to the main line for all utilities including but not limited to water, electric, gas, sewer, and telecommunications.

2. Prior to issuance of a building permit for a second primary unit or a duplex un der this Section, the city engineer shall assess whether the required utilities are able to serve the development and have adequate capacity to serve the development. As part of this assessment, the city engineer may require the applicant to submit technical studies to determine utility capacity and ability to serve. The city engineer may place conditions of approval on the proposed development to ensure sufficient utility capacity and the ability of the utilities to serve the development.

H. Limitation on enforcement of standards . With the exceptions of th e setback requirements in subsection E.4, the City shall not enfor ce any zoning, subdivision, or design standar d to t he extent that it would have the ef fect of ph ysically precluding the construction of up to two p rimary residential units on a parcel, or w ould phys ically prec lude e ither of the primary residential units from being at least 800 square feet in floor area.

I. Total number of units.

1. This Section does not authorize or requi re the app roval of more than two primary dwelling units on a sin gle parcel. For pu rposes of th is subsection, “pr imary dwelling units” means dwelling units other than accessory dwelling units or junior acc essory dwelling units.

2. Notwithstanding any othe r provision in this chapter, the approval of second primary units and duplexes on a parcel that was created through an ur ban lot split shall be limited as described in Section

19.04.110.F.

J. Design standards. Second primary unit s, and each unit of a duplex approved under thi s Section , shall comply with all objective desig n standards that would be applicable to a primary dwelling unit on the same parcel.

K. Rental term; separate conveyance.

1. Second primary units and both units of a duplex approved under this Section shall not be rented for a term of less than thirty -one (31) consecutive days.

2. A second primary unit m ay not be turned into a condominium or otherwise sold separately from the other prim ary unit on t he parcel. The units in a duplex approved under this Section may not

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be turn ed into condominiums or otherwise sold separatel y from one another.

L. Deed restriction. As a condition of approval of, a nd prior to the issuance of a certificate o f occupancy for, a second primary unit or duplex approved under this Section , the property owner shall e xecute a deed restriction, in a form approved by the ci ty attorney , which shall b e recorded on the property , at the property owner’s cost, and shall require that the second primary unit or duplex shall only be used and developed in accordance with the requirements in this Section, including but n ot limited to the developmen t standards and the prohibition on short -term rentals stated in this Section . Violation o f the deed restriction shall be considered a violation of this code and may be enfo rced in a manner that this code may be enforced.

Section 8. Section 20.11.020.B.3 of the Chino Municipal Code is hereby revised as follows (additions in red; deletions in bold strikethrough):

3. Number of accessory dwelling units per lot.

(a) No more t han one accessory dwelling unit and one junior accessory dwelling unit a re allowed on any lot with one or more existing or proposed single-family residence.

(b) One, but not both , of the following options is permitted on a lot with an existing multifamily residence:

(i) The amount of accessory dwelling units allowed within a multifamily dwelling structure shall be equal to twenty -five percent of the amount of units i n t he multifamily dwelling structure, provided that fractional units shall be rounded down and at least one accessory dwelling unit shall b e allowed in each mult ifamily dw elling structure. For
example, one accessory dwelling unit is allowed in a
multifamily dwelling structure with seven or fewer units; two accessory dwelling units are allowed in a mul tifamily
dwelling structure with eight to eleven units; and thre e accessory dwelling units are allowed in a multifamily
dwelling structure with twelve units.

(c)(ii) No m ore than two detached accessory dwelling units are allowed on a lot with an existing multifamily residence.

(c) Notwithstanding any other provision in this section, the number of accessory dwelling units and junior accessory dwelling units permitted on a parcel that was created through an urban lot split shall be limited as described in Section 19.04.110.G.

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Section 9. Table 20.18-1 of the Chino Municipal Co de is hereby revised as follows with the remainder of the Table remaining unchanged (additions in red):

TABLE 20.18-1 OFF-STREET PARKING REQUIREMENTS
Uses, Activities and
Facilities
Number of Required Parking Spaces
(all spaces are uncovered unless otherwise noted)
Residential Uses
Single-Family Dwellings 2 garage spaces per dwelling
Duplexes (except in RD
1, RD 2, and RD 4.5
zones)
2 garage spaces per dwelling
1 covered space per dwelling less than 950 sq. ft.

Duplexes in RD 1, RD 2,
and RD 4.5 zones Same as Second Primary Units
Multiple-Family Dwellings
Studio Units: 1 covered space per dwelling,
1-Bedroom Units: 1.5 covered spaces per dwelling,
2 or more Bedroom Units: 2 covered spaces
Guest Parking: 1 space for every 10 dwelling units
Accessory Dwelling Units
1 covered or uncovered space per dwelling, except where exempt, in compliance with section 20.11.020 (Accessory Structures - Accessory Dwelling Units).

Second Primary Units 1 covered or uncovered space per dwelling, except where exempt, in compliance with section 20.04.050.F.

Live/Work Units

1.5 spaces for up to 1,000 sq. ft. of floor area, plus 0.5 additional space for every additional 500 sq. ft. of floor area above the first 1,000 sq. ft.

Group Homes and
Facilities 1 space per bed plus 1 space per employee
Mobile Home Parks
1 covered and 1 uncovered space per dwelling, 1 uncovered guest space for every 5 dwellings and 1 recreational vehicle parking space for every 5 dwellings
Senior Housing Projects
1 covered space per dwelling, plus 1 uncovered guest space for every 10 dwelling units, plus 1 uncovered space for each 2 employees (if any) during the largest shift
Residential Care
Facilities, Small
1 space per every 4 beds plus 1 space per employee
Residential Care
Facilities, Large

Section 10. Section 20.21.030.B.7 of the Chino Municipal Code is hereby revised as follows (additions in red; deletions in bold strikethrough):

7. The keeping of five to ten chickens in the RD 4.5 dis tricts requires the approval of an Administrative Approval a Zoning Clearance.

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Section 11. Table 20.21-1 of the Chino Municipal Code is hereby revised as follows with the remainder of the Table remain ing unchanged (additions in red; deletions in bold strikethrough):

Poultry/Fowl, Non-
crowing
In the RD 1 and RD 2 districts
25 for lots less than 1 acre
50 per acre for lots 1 acre to less than 5 acres
99 per acre for lots 5 acres and greater

In the RD 4.5 district
3 4 permitted per lot; 5-10 permitted per lot with
Administrative Approval
Section 20.21.030.B.7,
8, 9 & 10
Table 20.21-2

Section 12. Section 20.23.110.B.1 of the Chino Municipal Code is hereby revised as follows (additions in red):

1. Within residential zones, a zoning clearance is required for the following:

a. Development of or alterations to any accessory dwelling unit or junior accessory dwelling unit.

b. Construction of or alterations to non -habitable structures accessory to residential dwellings, including garages, when such structures are six hundred square feet or less in area.

c. Single-story additions to existing single -family or duple x dwelling units.

d. Alterations to existing multiple family dwellings and developments, provided that the addition will not result in an increase in density.

e. Alterations to existing parking facilities accessory to any building or structure.

f. Alterations to ex isting landscaping as required by Chapter

20.19.020 (Landscaping-applicability) of this Zoning Code.

g. Construction or alterations to walls and fences.

h. Construction or alterations to patios, patio covers and patio enclosures.

i. Alterations to on-site exterior lighting.

j. Alterations to existing single-family or duplex dwelling units.

k. The installation of solar panels on multi-family residential homes.

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l. The keeping of chickens in the RD 4.5 zone, consistent with the standards in section 20.21.030.

l. Construction of a second primary unit or duplex in the RD 1, RD 2, or RD 4.5 zone, pursu ant to the re quirements in Sec tion

20.04.050.

Section 13. Section 20.23.120.B.2 of the Chino Municipal Code is hereby revised as follows (additions in red):

2. Within residential zones, administrative approval is also required for the following:

a. Single-family or duplex developmen t projects consisting of four or fewer dwelling units , except fo r construction of a second primary unit or duplex in the RD 1, R D 2, or RD 4.5 zone, pursuant to the requirements in Section 20.04.050.

b. Construction of habitable structures accessory to re sidential dwellings with the exception of accessory dwelling units.

c. Construction of nonhabitable structures acce ssory to res idential dwellings, including garages, when s uch structures are between six hundred square feet and one thousand two hundred squ are feet in area, excluding patios, decks, patio covers and patio enclosures.

d. Second-story additions added to ex isting singl e-family or duplex dwelling units.

e. The keeping of five to ten chickens in the RD 4.5 zone, consistent with the standards in Section 20.21.030.

Section 14. A defini tion of “Second primary unit” is here by a dded to Section

20.24.020.S of the Chino Municipal Code and shall be added in alphabetical order and read as follows (additions in red):

Second primary unit. A second residential dwelling unit, other than an accessory dwelling unit or junior accessory dwelling unit, on a parcel with one an d only one existing primary dwelling unit.

Section 15. Severability. If any sec tion, subsection, sentence, clause, phrase , or portion of this Ordinance, or the applica tion thereof to a ny person or circ umstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provis ion or appl ication, an d to t his end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordina nce and each section, subsection, sentence, clause, phrase, part or portion thereof, i rrespective of t he fac t that any one or more s ections, subsecti ons, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

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Section 16. Environmental Review . The City Council finds and determines that the ordinance amendments related to S B 9 are not a “proje ct” for purposes o f California Environmental Quality Act (CEQA) pursuant to Government Cod e Sections 6 5852.21(j) and 66411.7(n), and therefore do not req uire any environm ental review und er CEQA. The City Council further finds and determines that the adoption of an ordinanc e regarding secon d units (ADUs) in a single -family or multifamily reside ntial zone t o implement the provisions of Government Code Sections 65852.2 and 65852.22 is exemp t from CEQA review pursuant to Public Resources Code Section 21080.17. Additionally, this ordinance is ex empt from CEQA review under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is n o possib ility that the activities in question will have a significa nt effect on the environment.

Section 17. Effective Date. This Ordinance shall be in ful l force a nd effect thirty (30) days after its second reading and adoption.

Section 18. Certification. The City Cl erk of the City of Chino shall cert ify to the passage and adoption of this Ordinance and shall cause the sa me to be published in the Chino Champion, a new spaper of general circula tion, w ithin said City in accordance with the provisions of the Government Code.

ADOPTED THIS 19TH DAY OF JULY 2022.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

ANGELA ROBLES, CITY CLERK

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Chino City CouncilJuly 19, 2022

Chino City Council
July 19, 2022