Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the Cit y Clerk a “Request to Speak” form (name and address optional) which is avai lable at the entrance to the City Council Chambers .
Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334 -3306, at least 48 hours prior to the advertised starting time of the meeting.
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during nor mal business hours at City Hall located at 13220 Central Avenue, Chino. I n addition, such documents will be posted on the City’s website at www.cityofchino.org.
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY OCTOBER 18, 2022
CLOSED SESSION – 6:30 PM
OPEN SESSION – 7:00 PM
AGENDA
ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Member Karen C. Comstock, Council Member Christopher Flores, Council Member Walt Pocock.
CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about the closed session items. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more that five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
FLAG SALUTE
CHINO CITY COUNCIL
OCTOBER 18, 2022 2
CEREMONIALS
Proclamations
Lights on Afterschool Day - October 20, 2022.
REPORT OUT OF CLOSED SESSION
AGENDA ADDITIONS/REVISIONS
INFORMATION
Economic Development Report October 2022
PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.
PUBLIC COMMENTS
This is the time and place for the general public to address the City Coun cil about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97 - 08 (Chino Municipal Code Section 2.04.090) limits speakers to no m ore than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).
CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calend ar, all items will be acted upon as a whole and by one vote.
1. Warrants. Approve expenses as audited and within budget for warrants 762083 to 762293, and Electronic Fund Transfers 516017E to 516099E, totaling $4,386,971.44.
2. Minutes. Regular Meeting of October 4, 2022 (All Members Present).
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. Temporary Appointment of a CalPERS Retiree Pursuant to Government Code Sections 7522.56 and 21221(H). Adopt Resolution No. 2022 -076 for the temporary appointment of a CalPERS retiree Michelle Dawson pursuant to government code Sections 7522.56 and 21221(H).
5. Public Improvement Agreement for the Ontario Ranch Business Park Project within the City of Chino Right-of-Way. Approve a Public Improvement Agreement with Euclid Land Venture, LLC for the construction of public improvements located on Merrill Avenue.
6. Measure I 5 -Year Capital Improvement Plan and Expenditure Strategy . Adopt Resolution No. 2022-069 approving the Measure I Local Street Pass -Through Funds Five -Year Capital Improvement Plan and Expenditure Strate gy for Fiscal Year 2022 -2023 through Fiscal Year 2026-2027.
CHINO CITY COUNCIL
OCTOBER 18, 2022 3
7. Purchase Order and Vendor Cap Increase - M.K. Smith Chevrolet. Approve a purchase order and vendor cap increase for M.K. Smith Chevrolet, Chino, CA, in the amount of $50,474.78.
8. Construction Contingency Increase for Benson Avenue Permanent Lift Station Project R2071 .
Approve a construction contingency increase for the Be nson Avenue Permanent Lift Station Project R2071 to Caliagua, Inc., Anaheim, CA, in the amount of $60,188.48.
9. Notice of Completion - Chino Rancho Park Demolition Phase Project (G8201) . Accept the Chino Rancho Park Demolition Phase Project, completed b y C.S. Legacy Construction, Inc., Walnut, CA as complete.
10. Adoption and Second Reading of Ordinance No. 2022 -016. A dopt Ordinance No. 2022 -016, amending Chapters 5.04, 5.20, and 5.24 of the Chino Municipal Code Regulating Business Licensing.
ORDINANCE NO. 2022-016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF CHAPTERS 5.04, 5.20, AND 5.24 OF THE
MUNICIPAL CODE REGARDING BUSINESS LICENSES, LIVE ENTERTAINMENT, AND MASSAGE ESTABLISHMENTS.
M _____ S _____ RC _____
PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.
11. Short Term Rental Housing . Approve the introduction of Ordinance No. 2022 -014, adding or amending provisions of Titles 8 and 1 of the Chino Municipal Code to clarify a ban on short term rental housing, proscribin g penalties for violations of said ban, and implementing hardship waiver provisions to comply with State law; and approve Resolution No. 2022-065 establishing administrative fines for violations of the Chino Municipal Code Staff Report by: Michael Heroux, Deputy Director of Development Services.
RECOMMENDATION: 1) Conduct a public hearing; 2) approve the introduction of Ordin ance No. 2022-014 for first reading that will add Chapter 8.95 to the City of Chino Municipal Code (“CMC”) to clarify the City’s ban a gainst short term rental housing in the City, including the prohibition against advertising housing units within the City for use as short term rentals, proscribing penalties for violations of the City’s ban against short term rental housing, and amend Sec tions 1.15.080 and 1.15.090 of the CMC to implement infraction hardship waiver provisions to comply with State law, to be read by number and title only, and waive further reading of the Ordinance; and 3) adopt Resolution No. 2022 -065 establishing administr ative fines.
ORDINANCE NO. 2022-014
AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA, ADDING OR AMENDING PROVISIONS IN TITLES 8 and 1 OF THE CHINO MUNICIPAL CODE TO CLARIFY THE CITY’S PROHIBITION OF SHORT TERM RENTALS, PROSCRIBING PENALTIES FOR
VIOLATIONS OF SAID PROHIBITION, AND IMPLEMENTING FIRE HARDSHIP WAIVER
PROVISIONS TO COMPLY WITH RECENT STATE LAW
CHINO CITY COUNCIL
OCTOBER 18, 2022 4
M _____ S _____ RC _____
12. Introduction of Ordinance No. 2022 -015 Amending Title 15 of the Chino Municipal Code .
Approve the introduction of an ordi nance adopting the 2022 California Building Code; Residential Code; Green Building Standards Code; Electrical Code; Plumbi ng and Mechanical Code; Building Energy Efficiency Standards and Fire Code.
Staff Report by: Michael Heroux, Deputy Director of Development Services.
RECOMMENDATION: Conduct a public hearing, and approve the introduction of Ordinance No. 2022-015, to be read by number and title only, and waive further reading of the Ordinance.
ORDINANCE NO. 2022-015
AN ORDINANCE OF THE CITY COUNCIL OF TH E CITY OF CHINO, CALIFORNIA, AMENDING TITLE 15 OF THE CHINO MUNICIPAL CODE (BUILDINGS AND CONSTRUCTION), ADOPTING THE CALIFORINA CODE OF REGULATIONS TITLE 24, INCLUDING THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE, CALIFORNIA
RESIDENTIAL CODE, CALIFORN IA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE,
CALIFORNIA MECHANICAL CODE, CALIFORNIA FIRE CODE, CALIFORNIA ENERGY
CODE, CA LIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA EXISITNG
BUILDING CODE, CALIFORNIA HISTORCIAL BUILDING CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE.
M _____ S _____ RC _____
13. State Street Water Treatment Project (WA212). Adopt Resolution 2022-075, adopting the Initial Study/Mitigated Negative Declaration for the State Street Water Treatment Facility.
Staff Report by: Maria Fraser, CIP Engineering Manager.
RECOMMENDATION: 1) Conduct a Public He aring and 2) adopt Resolution No. 2022 -075, adopting a Mitigated Negative Declaratio n for the State Street Water Treatment Facility (WA212).
M _____ S _____ RC _____
14. Annexation No. 7 of Territory into Existing Community Facilities District No. 20 03-3 Improvement Area 5 . Annexation No. 7 of Territory into Existing Community Facilities Dis trict No. 2003-3 Improvement Area 5
Staff Report by: Nadyne Lowry, Fiscal Services Manager.
RECOMMENDATION: 1) Conduct a Public Hearing; 2) adopt Resolution No 20 22-073 calling a special election for the purpose of approving an annexation into Improvement Area 5 of the Community Facilities District No. 2003 -3; and 3) adopt Resolution No. 2022 -074, declaring results of the special election.
M _____ S _____ RC _____
15. Permanent Local Housing Allocation (PLHA) Grant Funds from the State of California . Adopt Resolution No. 2022 -063 authorizing the application, acceptance, and appropriation of Permanent Local Housing Allocation (PLHA) Grant Funds and proposed Five-Year Plan.
Staff Report by: Traci Rossetti-Smith, Senior Management Analyst.
CHINO CITY COUNCIL
OCTOBER 18, 2022 5
RECOMMENDATION: 1) Adopt Resolution No. 2022 -063, authorizing the submittal of a State Grant application for Permanent Local Housing Allocation (PLHA) Program; 2) Conduct a pub lic hearing to approve the proposed five -year plan; and 3) authorize the City Manager to execu te the necessary documents on behalf of the City.
M _____ S _____ RC _____
16. Community Development Block Grant Program . Substantial Amendment to the One -Year Annual CDBG Action Plan for FY 2022-2023
Staff Report by: Traci Rossetti-Smith, Senior Management Analyst.
RECOMMENDATION: 1) Adopt Resolution No. 2022-066 approving a substantial amendment to the City of Chino's Community Development Block Grant (CDBG ) Annual Action Plan for Fiscal Year 2022-2023; 2) reallocate $89,308.47 of unexpended prior year 350 funds to project PK183; 3) approve transfers in the amount of $460,289.47 of CDBG Funds from current projects (see detail below) to PK183; 4) approve the submission of the amendment to the United States Department of Housing and Urban Development ( HUD); and 5) authorize the City Manager to execute all required documents pertaining to the submission.
M _____ S _____ RC _____
NEW BUSINESS
17. Award of Contract and Additional Appropriation - Monte Vista Park Public Right of Way Project (PK183). A ward a contract in the amount of $1,282,500 to Los Angeles Engineering Inc., Covina, CA for the Monte Vista Park Public Right of Way Project (PK183).
Staff Report by: Keith Martinez, Assistant Project Coordinator.
RECOMMENDATION: 1) Award a construction co ntract in the amount of $1,282,500 to Los Angeles Engineering Inc., Covina, CA for the Monte Vista Park Public Right of Way Project (PK183); 2) authorize expendit ures of up to $128,250 for project construction contingencies for a not -to-exceed contract amo unt of $1,4140,750; 3) appropriate $109,492.32 from the unappropriated reserves of the Park Fund with a year -end transfer from the General Fund reserves, for a re vised project amount of $1,916,288.42; and 4) authorize the City Manager to execute all documents on behalf of the City.
M _____ S _____ RC _____
18. Request for Relief from the Provisions of Title 12 of the Municipal Code - 4231 Walnut Avenue (PL20-0065). Adopt Resolution No. 2022 -067 to approve a modification pursuant to Section
12.08.070 of the Chino Municipal Code, exempting the homeowner at 4231 Walnut Avenue from the requirement to construct public improvements along their frontage.
Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.
RECOMMENDATION: 1) Adopt Resolution No. 2022-067, approving a modification pursuant to Section 12.08.070 of the Chino Municipal Code, exempting the homeowner at 4231 Walnut Avenue from the requirement to construct public improvements along their frontage.
M _____ S _____ RC _____
19. Maintenance of Sewer Laterals . Approve the introduction of Ordinance No. 2022 -017, amending Section 13.12.150 of the Municipal Code regarding maintenance of sewer laterals.
Staff Report by: David McAbee, Public Works Services Manager.
CHINO CITY COUNCIL
OCTOBER 18, 2022 6
RECOMMENDATION: Approve the introduction of Ordinance No. 2022 -017, amending Section
13.12.150 of the Municipal Code regarding maintenance of sewer laterals, to be read by number and title only and waive further reading of the Ordinance.
ORDINANCE NO. 2022-017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SECTION 13.12.150 OF THE MUNICIPAL CODE REGARDING MAINTENANCE
OF SEWER LATERALS
M _____ S _____ RC _____
20. Citywide Legislative Policy . Adopt Resolution No. 2022 -071, approving a revised Citywide Legislative Policy and creating the Legislative Policy Committee.
Staff Report by: Jack Morgan, Assistant to the City Manager.
RECOMMENDATION: Adopt Resolution No. 2022 -071, approving a revised Citywide Legislative Policy and creating the Legislative Policy Committee and associated tasks, purpose, and procedures.
M _____ S _____ RC _____
21. Award of Contract - MS202 & ST223 - ADA Improvements and Madison Street Gap C losure.
Award a contract to EBS General Engineering, Inc., Corona, CA, in the amount of $297,008 for project MS202 & ST223 - ADA Grievance and Madison Street Gap Closure Staff Report by: Maria Fraser, CIP Engineering Manager.
RECOMMENDATION: 1) Award a co nstruction contract in the amount of $297,008 to EBS General Engineering, Inc., Corona, CA, for Project No. MS202 & ST223 ADA Improvements at Olive Place and Walnut and Madison at Kellogg Avenue Street Gap Closure; 2) authorize a construction contract cont ingency of $29,700 for a potential not -to-exceed contract amount of $326,708; 3) approve a Professional Services Agreement with GeoMat, Riverside, CA for Geotechnical services in the amount of $13,150, plus contingency for a tot al amount not -to- exceed $14,465; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.
M _____ S _____ RC _____
22. Award of Contract - WA221 & WA222 Central Avenue & Dupont Waterline Replacement Project. Award a Contract to Mamco Inc., Pe rris CA, in the amount of $3,626,262 for project WA221 & WA222 - Central Avenue & Dupont Waterline Replacement Project Staff Report by: Maria Fraser, CIP Engineering Manager.
RECOMMENDATION: 1) Appropriate $2,400,000 from the una ppropriated reserves of the Water Enterprise Fund (520) with a corresponding increase to WA221 in the amount of $672,720.00 for a revised project budget of $2,272,720 and a budget increase to WA222 in the amount of $1,601 ,107.00 for a revised project budge t of $2,401,107; 2) award a construction contract in the amount of $3,626,262 to Mamco, Inc, Perris, CA for Project No. WA221 & WA222 Central Avenue and Dupont Waterline Replacement Project; 3) authorize expenditures of up to $362,626 for construction mana gement, $181,313 for inspection costs, and $362,626 for construction contingency; 4) approve a Professional Services Agreement with GeoMat, Riverside, CA for Geotechnical Professional Services for $47,350, plus contingenc y for an amount not -to-exceed$52,085; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.
CHINO CITY COUNCIL
OCTOBER 18, 2022 7
M _____ S _____ RC _____
MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assignment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.
Mayor Ulloa
Mayor Pro Tem Lucio
Council Member Comstock
Council Member Flores
Council Member Pocock
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, Nove mber 1, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
I, Angela Robles, City Clerk of the City of Chino, hereby declare that on Wednesday, October 12, 2022 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Angela Robles, City Clerk.
5.a
Proclamation - Lights on Afterschool Day
Packet Pg. 8
SEPTEMBER 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, OCTOBER 2022
1 Unemployment Rate August 2022 3.5%
New Business Licenses September 2022 68
Retail Vacancy September 2022 9%
Industrial Vacancy Q2, 2022 .2%
Office Vacancy September 2022 3.4%
UNEMPLOYMENT STATISTICS
EDD Unemployment Update – Updated Monthly
Unemployment rates in Chino have increased this month to 3.5% from July 2022 to August 2022. *EDD, www.labormarketinfo.edd.ca.gov
City July Aug
Chino Hills 2.4% 2.7%
Eastvale 2.6% 2.9%
Rancho 2.9% 3.1%
Chino 3.2% 3.5%
Upland 3.2% 3.6%
Montclair 3.3% 3.6%
Ontario 3.4% 3.6%
US 3.5% 3.7%
Fontana 3.6% 3.8%
California 3.9% 4.1%
SBCO 3.9% 4.2%
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
12.0%
14.0%
16.0%
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Unemployment 2013 - August 2022
Unemployment rates in Chino have
increased slightly to 3.5% from July 2022 to
August 2022. *EDD,
www.labormarketinfo.edd.ca.gov
Mission Statement
“Together we take pride in
providing quality, caring service to
our community.”
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Economic Development Report October 2022
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SEPTEMBER 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, OCTOBER 2022
2 BUSINESS LICENSES
Business License Information – Updated Monthly
Between September 1 and September 30, 2022, the City processed 68 new business licenses. 22 of those businesses are in the City while 37 were located outside the City but providing services to City businesses and residents. * Munis Business License Report
RETAIL VACANCY RATES
Retail Vacancy and Rental Rates – Updated Monthly
The City of Chino is a highly desirable location. The vacancy rate for September 2022 is 9%, which is higher than the previous month. The City has no new projects currently under construction. *Progressive Real Estate Partners (PREP)/CoStar
0 20
40 60
80 100
Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 New Business Licenses
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
12.0%
Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Retail Vacancy Last 12 Months
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Economic Development Report October 2022
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SEPTEMBER 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, OCTOBER 2022
3 INDUSTRIAL VACANCY
OFFICE VACANCY
Office Vacancy and Rental Rates – Updated Monthly
The vacancy rate of 3.4% is slightly higher this month for the Chino Valley office market, which accounts for 6% of the Inland Empire. However, the market garners a hefty $2.34 per square foot, and consists of a total of 1.7 M square feet of office and corporate headquarters space.
There are 25 thousand square feet in office buildings under construction. *CoStar
$1.59 $1.54 $1.59 $1.57
$1.70
$1.29
0.20%
0.30%
0.50%
0.60%
0.70% 0.70%
0.00%
0.10%
0.20%
0.30%
0.40%
0.50%
0.60%
0.70%
0.80%
$0.30
$0.50
$0.70
$0.90
$1.10
$1.30
$1.50
$1.70
$1.90
Chino Inland Empire Fontana Rancho Eastvale Ontario
Industrial Rate and Vacancy as of Q2 2022
Dollar
Rate
Vacancy
Percent
0.0%
1.0%
2.0%
3.0%
4.0%
Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Office Vacancy Last 12 Months
Industrial Rates – Updated Quarterly, Includes all sites over 10,000 Square Feet
The industrial sector continues to flourish in Chino. The City has 1,072,239 square feet of industrial space under construction. Chino continues to have one of the lowest vacancy rates in the region at 0.2%. Vacancy rates for Q2 2022 increased slightly in Chino since the prior quarter.
Of the cities noted, Chino garners a per square foot rate at $1.59. *Colliers Market Research
City Dollar
Rate
Vacancy
Percent
Chino $1.59 0.20%
Inland Empire $1.54 0.30%
Fontana $1.59 0.50%
Rancho $1.57 0.60%
Eastvale $1.70 0.70%
Ontario $1.29 0.70%
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Economic Development Report October 2022
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SEPTEMBER 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, OCTOBER 2022
4 RESIDENTIAL CONSTRUCTION
Residential Construction Updates – Updated Monthly
Residential housing continues to move forward with 304 single family residences currently under construction, 325 multi-family units under construction, and 363 units approved for construction. *Development Services Department
Accessory Dwelling Units (ADU) – Updated Monthly
During 2021 the City of Chino added 25 ADU’s over the course of the year. In the first half of 2022, 14 additional ADU’s were added. *Development Services Department
CITY UPDATES
For more information on the following, visit our City website:
• Capital Improvement Projects www.cityofchino.org/cip. • Road closures www.cityofchino.org/roadclosures.
• City Events www.cityofchino.org/events.
• City meetings can be found at www.cityofchino.org/calendar.
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Economic Development Report October 2022
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 18, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.
RECOMMENDATION
Approve expenses as audited and within budget for warrants 762083 to 762293, and Electronic Fund Transfers 516017E to 516099E, totaling $4,386,971.44.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 21-22 and 22-23 Operating Budgets.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further s 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
11.1 CONSENT CALENDAR
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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: WARRANTS
PAGE 2
BACKGROUND
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:
NO. WARRANTS DATE FY AMOUNT
1. 762083 – 762187 9/15/22 22-23 $873,792.38
2. 762188 – 762189 9/21/22 22-23 $9,361.50
3. 762190 – 762288 9/22/22 22-23 $1,943,167.78
4. 762289 – 762293 9/22/23 21-22 $87,040.74
5. 516017E – 516056E 9/15/22 22-23 $522,238.02
6. 516057E – 516099E 9/23/22 22-23 $951,371.02
E: Electronic Fund Transfers
TOTAL $4,386,971.44
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
11.1 CONSENT CALENDAR
Packet Pg. 14
Council Meeting 10/18/22
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
516036 09/15/2022 HERITAGE DESIGN BUILD & CONSULTING SOIL MOISTURE SENSING SYSTEM $53,511.85 516052 WATER FACILITIES AUTHORITY IMPORTED WATER $359,469.33 762132 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.
LANDSCAPE MAINTENANCE $68,265.00
762155 PACIFIC HYDROTECH CORPORATION EWTF EXPANSION - ONSITE $70,682.98 762179 US BANK CORPORATE PAYMENT SYSTEM US BANK - STATEMENT 8.22.22 $54,256.02 762183 WASTE MANAGEMENT COLLECTION SERVICES $414,868.28 762208 09/22/2022 C.S. LEGACY CONSTRUCTION, INC. CHINO RANCHO PARK DEMOLITION $155,800.00 762232 GENERAL PUMP COMPANY, INC. WELL 12 AND WELL 14 REHAB $347,700.00 762245 MCC EQUIPMENT RENTALS, INC. WELL 11 RAW WATER TRANSMISSION $641,218.16 762277 SUPERION, LLC ONESOLUTION QUARTERMASTER
SOFTWARE RENEWAL
$117,709.29
762284 WASTE MANAGEMENT COLLECTION SERVICES $419,636.05 762290 IDC CONSULTING ENGINEERS, INC. ON CALL SERVICES $68,516.50 516085 09/23/2022 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $746,273.65
13 TOTAL $1,021,053.46
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Warrants
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CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY OCTOBER 4, 2022
OPEN SESSION – 7:00 PM
MINUTES
CALL TO ORDER
The October 4, 2022, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 7:00 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.
ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor P ro Tem Marc Lucio, Council Member s Karen C.
Comstock, Christopher Flores, and Walt Pocock.
ABSENT: None.
FLAG SALUTE
Mayor Pro Tem Lucio led the assembly in reciting the Pledge of Allegiance.
CEREMONIALS
Proclamations
Mayor Ullo a read in to the record th e Proclamation designating October 2022 as “Domestic Violence Awareness Month” in Chino and presented it to Kari Franco, Community Services Coordinator, City of Chino, and Pat Bell, Executive Director/CEO, House of Ruth.
Mayor Ul loa read in to the record the Proclamation designating October 2022 as “Community Planning Month” in Chino and presented it to Planning Commission Chairman Kevin Cisneroz, Planning Commissioners Jimmy Alexandris, Brandon Blanchard, Curtis Burton, Ste ve Lewi s, Lissa Fraga, and Lawrence Vieira, and City Planner Warren Morelion.
Mayor Ul loa read in to the record the Proclamation designating October 9-15, 2022 as “Fire Prevention Week” in Chino and presented it to Fire Chief Dave Williams, Acting Deputy Fire Chief Dean Smith, and Battalion Chief Wayne Fontes.
Presentations
Mayor Ulloa announced the October 2022 Business of the Month recipient was unable to attend the meeting. Golden Empire Mortgage will be invited back to be recognized at the November 1, 2022 City Council meeting.
Mayor Ulloa recognized Yingdong L i of Chino as the recipient of the October 2022 Mayor's Home Beautification Award.
11.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
OCTOBER 4, 2022 2
AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported that there were no agenda additions or revisions.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:
• The 3rd Annual Harvest Festival and Barn Raising event on Saturday, October 8th from 10:00 a.m. t o 2 :00 p.m. at the Ol d Schoolhouse Museum , 5493 B Street. For more information, contact the Old Schoolhouse Museum at (909) 334-3278. • The Pumpkin Carving Event for teens ages 13 -17 on Friday, October 28th from 4 :00 p.m. to 6:00 p.m. at the Chino Teen C enter, 1 3196 Mont e Vista Avenue . For more information, contact the Neighborhood Activity Center at (909) 334-3260. • The Chino Halloween Spooktacular event on Halloween Night, October 31st, from 4:00 p.m. to 9:00 p.m. at Ayala Park in Fields 7-10. For more information, contact Carolyn Owens Community Center at (909) 334-3258 or email
[email protected].
PUBLIC COMMENTS
Dustin Harrison of Calvary Chapel Chino Valley provided the Invocation.
Melissa Compani, representing San Bernardino County Supervisor Curt Hagman, announced upcoming events, including document shred ding on Saturday, October 15th at Ontario Po lice Department, 2500 S Archi bald Ave. in Ontar io at 9:00 a.m . with pre-registration availab le at sbcshredding.eventbrite.com; and a Veteran’s Claims Event on November 9 th between 10:00 a.m. to 2:00 p.m. at 14010 City Center Drive, Chino Hills.
Julia Cabrera, representing the Chino Valley Chamber of Commerce, shared information on the Chino Valley Leadership Collaborative and update on Chamber of Commerce events.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 761908 to 762081, and Electronic Fund Transfers 515956E to 516015E, totaling $3,602,880.90.
2. Minutes. Regular Meeting of September 20, 2022 (All Members Present).
3. Elected City Officials’ Repo rt Regarding Travel, Training, and Mee tings. Recei ve and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. Housing Fund Appro priation and Agreeme nt with Inland Fair H ousing and Mediati on Board .
Appropriate Housing funds and Approve Professional Services Agre ement with Inland Fair Housing and Mediation Board for Landlord/Tenant Mediation Services in the amount of $15,000.
5. 2022 Office of Traffic Safety Selective Traffic Enforcement P rogram (STEP) Grant. A uthorize the acceptance of the 2022 Office of Traffi c Safety STEP Grant in the amount of $160,000 for overtime, travel expen ses, and other dir ect costs associated with DUI an d other related enforcement measures.
6. Fiscal Year 2020 Homeland Security Grant Program. Author ize the acceptance of the Fiscal Year 2020 Homeland Security Grant Program (HSGP) in the amount of $24,975 to purchase incident streaming technology.
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7. Road Maintenance and Re habilitation Account Project List for F iscal Year 2 022-23. Ad opt Resolution No. 2022-068 approving the Road Maint enance and Rehabilitation Account Project List for Fiscal Year 2022 -23 to be fund ed by SB 1: The Roa d Repair and Accountability Act of 2017.
8. Amendment to Professional Services Agreement for the 2021-2029 Housing Element Update - Kimley-Horn and Associa tes Inc. . Approve an amendment to the Professional Services Agreement with Kimley-Horn and Associates, Inc. in the amount of $25,000 for a no t to exceed amount of $221,315 for the 2021-2029 6th Cycle Hou sing Element Upda te and other related planning services.
9. Amendment to Measure I Capital Improvement Plan for Fiscal Year 2021-2022. Adopt Resolution No. 202 2-070 amending Resolution No. 202 1-066 to revise the M easure I Capital Improvement Plan for Fiscal Year 2021-2022.
10. The Preserve Development Ag reement – Partial Assignment and Assumption - Lennar Homes of California, LLC. Approve a Partial Assignment and Assumption of the Preserve Development Agreement b etween the City of Chino, a mu nicipal cor poration; Chino D evelopment Corporation, a California corporation; and Lennar Homes of California, LLC.
11. Final Acceptance of Public Improvements - PL17-0115 and PL17-0118 (Canyon Ridge Hospital, Inc.). Accept t he public improvements constructed by Can yon Ridge Hospita l, Inc., located at 5353 G Street as complete.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 5-0 vote to approve Consent Calendar Items 1 through 11.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
PUBLIC HEARING
12. Annexation to the Landscape and Lighting District for the Medical Offices Projec t at 5143 D Street (PL19-0090). Approve Resolution No. 2022-064 ordering the an nexation of PL19-0090 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 92) located on D and 5th Streets.
Mayor Ulloa opened the public hearing.
Staff Report by: Jesus Plasencia, Assistant City Engineer.
There being no one present to address the City Council on this item, the public hearing was closed.
Council Member Comstock expressed appreciation for the improvements in the community.
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0 vote to 1) conduct a pub lic hearing; 2) a pprove Resolution No. 2022 -064 ordering the annexation of PL19 -0090 into the Landscape and Lighting Distri ct No. 2002 -1 (Annexation/Zone No. 92); and 3) author ize the City Mana ger to execute the necessary documents on behalf of the City.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
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NEW BUSINESS
13. Introduction of Ordinance No. 202 2-016 Amending Chapters 5.04, 5.20, and 5. 24 of the C hino Municipal Co de Regulating Business License . Introduction of Ordinance Amend ing Chapters
5.04, 5.20, and 5.24 of the Chino Municipal Code Regulating Business License.
Staff Report by: Nikki Love, Billing Manager.
Mayor Ulloa asked if any members of the public had any comments. Hearing none, Mayor Ulloa asked for Council comments.
Council Member Pocock expressed appreciation for the changes to Chapter 5.24.
Mayor P ro Tem Lucio asked for clarification regard ing special business permits. Ms. Lo ve explained special business permits are required for establishments that have a higher d irect impact to the public.
Council Member Comstock spoke regarding support for changes to Chapter 5.24 and the need for the City to take a strong stance against illegal activities.
Mayor Ulloa asked for Chief Simmons to provide input. Ch ief Simmons spoke in support of the amendments to Chapter 5.24.
Mayor P ro Tem Lucio requested clarification regarding th e proposed timeframes for Chapter
5.24. Ms. Love explained the proposed amendments will revise the Ordinance so that no massage establishment wi ll be es tablished or re -established in a location in whic h a m assage establishment has been closed due to criminal activity within the last ten years, and eight years for pending applications. The current Ordinance has no timeframe set.
Council Member Flores spoke regarding his support for the amendments to 5.04 because it will help improve the process.
Assistant City Attorney Brian Wright-Bushman read the title of the Ordinance into the record.
ORDINANCE NO. 2022-016
AN ORDINANCE OF THE CITY COUNC IL OF T HE CITY OF CHI NO, CALIF ORNIA, AMENDING MULTIPLE SECTIONS OF CHAPTERS 5.04, 5.20, AND 5. 24 OF THE
MUNICIPAL CODE REGARDING BUSINESS LIC ENSES, LIVE ENTE RTAINMENT, AND
MASSAGE ESTABLISHMENTS
Moved by Council Member Comstock, seconded by Council Member Flores, and carried on a 5-0 vote to approve the Introduction of Ordinance No. 2022-016 amending the Chino Municipal Code regulating Business Licensing, to be read by number and title o nly, and waive further reading of the Ordinance.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
14. Water and Wastewater Rate and Solid Waste and Recycling Rate Study. Award and authorize a contract to Raftelis Financial Consultants, Inc. for utility rates study.
Staff Report by: Nikki Love, Billing Manager.
Mayor Ulloa, Council Member Comstock, and Mayor Pro Tem Lucio asked questions related to Senate Bill 1383.
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Assistant City Attorney Brian Wright-Bushman provided clarification on details related to the requirements of Senate Bill 1383, a landfill waste reduction state mandate.
Joslyn Blakely, Project Coordinator, addressed the City Council to provide more information on the requirements of S enate Bill 1383. She confirmed the residential program related to separating organics will not be implemented until next year.
Council Member Pocock inquired about the two matters with different scopes on one c ontract and Ms. Love confirmed the two studies will be kept separate.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 5 -0 vote t o award and a uthorize a con tract with Raftelis Finan cial Consult ants, I nc., Pasadena, CA, f or 1) Water and Wastewater Rate Stud y servi ces for $91,471; 2) Solid Waste and Recycling Rate S tudy s ervices for $4 8,704 for fee and expenses ; $6,320 franchise fee, and a 10% con tingency of $4 ,871 totaling contract am ount not to exceed $59,895; for a total amount of $151,366; and 3) authorize the C ity Manager to ex ecute all necessary documents on behalf of the City.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
15. Preserve Sewer Lift Stati on, Force Ma in and Gravity Li ne Ann ual Reconciliation of Sewer Credits Fiscal Year 2021-22 (Chino D evelopment Corporation) . Approve th e annual Sewer Development Impact Fee credit reconciliation in the amount of $400,000 for the Preserve Sewer Lift Station, Force Main, and Gravity Line.
Staff Report by: Sylvia Ramos, Associate Engineer.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 vote to 1) appropriate $400,000 f rom the unapp ropriated reserves of the Sewer Fund 530 and schedu le a co rresponding year -end transfer in the same amount from The Preserve Sewer Develop ment Impact Fe e Fund 262; 2) approv e a rei mbursement in the amount of $400,000 to Chino Development Corpo ration for T he Preserve Se wer Lift Station, Force Main and Gravity Line project; 3) authorize Sewer Development Impact Fee Credits in the amount of $8 90,424 issued to Chino Development Corporation f or properties in The Preserve; 4) apply the Sewer Develop ment Impact F ee Credits and reimbursement to the bal ance owed to Chino Development Corporation per the terms of the Agreement, bringin g forward the rem aining balance owed to Chino Develo pment Corporation in the amount of $5,219,887.44; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
16. Community Services Commission Member At-Large. Consider the reappointment of Community Services Commissioner Gregory Marquez.
Staff Report by: Silvia Avalos, Director of Community Services.
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Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 vote to approve the r ecommendation of t he Commun ity Services Commission and ratify the reappointment of Community Services Commissioner Member A t-Large Gregory Marquez for a three-year term ending June 30, 2025 and dir ect the City Cler k to administer the Oath of Office.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
City Cl erk A ngela Robles administered the Oa th of Offic e to Grego ry Marquez, Commun ity Services Commissioner.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events attended since the last meeting that included the Mayor ’s Pr ayer Breakfast; Volunteer Recognition Dinner ; Wa termaster Boa rd of Directors meeting; meetings with the City Manager; West Valley Mosqu ito and Vector Control District meeting; Ground Level Monitoring Committee; Appropriative Pool Confidential Session; and Police Department Association meeting.
Mayor Pro Tem Lucio
Mayor Pro Tem Lucio reported on the follo wing meetings and event s attended since the last meeting that included meetings with the City Manager; van and truck storage meeting; meeting with consultants regarding upcoming staff retreat; Erin O’Leary from the Lewis Group; Relay for Life opening ceremony ; spoke at Gateway Church regarding the upcoming election; and meeting with Andrew Hill regarding the General Plan Update.
Mayor Pro Tem Lucio provided a reminder for the community to be vigilant about mosquitos due to the concern of West Nile Virus.
Council Member Comstock
Council Member Comstock attended the Community Clea n Up and thanked the Public Works staff. She reported on the follo wing meetings and ev ents attended since the last meeting that included truck and van storage meeting; meetings with the City Manager; Community Services Commission meeting; Do n Lugo Sports Boosters meeting; meeting with consultants regarding the upcoming retreat; and meeting with Erin O’Leary from the Lewis Group . She thanked the Planning Commissioners for their service and congratulated Comm unity Services Commission Gregory Marquez on his re-appointment.
Council Member Flores
Council Member Flores reported on the f ollowing meetings and event s attended since the last meeting that included the Mayor’s Prayer Breakfast; Volunteer Recognition Dinner; Don Lugo football game; meeting with consultants regarding upco ming retreat; C haffey Colleg e Community Center Oversight Committee meeting; Kawanis Installation Dinner; Re lay for Life; spoke to a resident who complimented the Public Works Department; meeting with the City Manager and noted his suggestion of pursuing installation of a digital billboard near the freeway; and wished his uncle and niece a happy birthday.
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Council Member Pocock
Council Member Pocock reported on the following meetings and events attended since the last meeting that in cluded the Volunteer Re cognition Dinner; YMCA Board of Directors meeting; Kiwanis Installation of Chief of Police Wes Simmons as President; and the Relay for Life.
City Manager's Report
City Manager Linda Reich provided a reminder about infrastructure improvements and provided several options for the Community to stay up to date including visiting the City website under the “Construction” button, sign up for construction update alerts, and follow the City on Facebook or Instagram.
City Attorney's Report
Assistant City Attorney Brian Wright -Bushman shared that new bills in California have recently been signed into law , and the City Attorney’s office are reviewing and will work with staff to implement any required updates by January.
Police Chief's Report
Police Chief Wes S immons shared the upcoming National Coffee with a Cop taking place on Wednesday, October 5 th from 8:00 a.m. to 10:00 a.m. at Painted Dough and from 4:00 p.m. to 6:00 p.m. at Canibru Coffee; Annual Community Open House on Saturday, October 29 th from 10:00 a.m. to 2:00 p.m. with a Halloween theme; and shared the pink patches and t -shirts will be for sale at these events with raised funds to support Breast Cancer Awareness.
Fire Chief's Report
Fire Chief Dave William s reported on ambulance services provided by the Fire District and shared the Fire Distr ict was i ssued a State of C alifornia T ype II cer tification for hazardous materials. Fire Battalion Chief Wayne Fonte s spoke and provided det ails regarding the certification process. Fire Chief Williams al so invited the community to the Chino Valley Fire Annual Open House on October 15th from 9:00 a.m. to 12 noon at the Training Center located at 5092 Schaefer Avenue in Chino.
Council Member Comstock thanked the Chino Valley Fire District for their great response when her parents called for service on their fire alarm. Mayor Ulloa also complimented the Fire District on their response to her neighbors call for service.
ADJOURN
The meeting adjourned at 8:30 p.m. The next Regular Meeting of the City Counc il will be held on Tuesday, October 18, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
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APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)
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Revenue: Expenditure: 1002000-43320
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 18, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ANGELA ROBLES, CITY CLERK
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.
RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.
FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2022-23 Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Public Service Excellence through Internal and External Partnerships
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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND
MEETINGS
PAGE 2
BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill 1234 (AB 1234), on January 1, 2006, the City adopted Resolution No. 2005-093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.
ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agend a Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.
Additionally, to provide the public with a n event forecast, Exhibit A also includes a list of future events/trainings that Members of the Council may attend.
Attachment: Exhibit A
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ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,
TRAINING, AND MEETINGS
OCTOBER 18, 2022 EXHIBIT A
Event Date Meeting Purpose and
Subject Matter
Location
City Official Attendees
October 5, 2022 San Bernardino
County-State of the
County
Ontario, CA Mayor Ulloa
Mayor Pro Tem Lucio
Council Member Flores
October 12, 2022 Breaking Barriers
United It’s Needed
Conference
Riverside, CA Mayor Ulloa
Mayor Pro Tem Lucio
Council Member Comstock
Council Member Flores
Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and
Subject Matter
Location
City Officials that may
attend
None.
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Revenue: Expenditure: various
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
HUMAN RESOURCES DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 18, 2022
TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES / RISK
MANAGEMENT
SUBJECT: TEMPORARY APPOINTMENT OF A CALPER S RETIREE PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21221(H).
RECOMMENDATION
Adopt Resolution No. 2022-076 for the temporary appointment of a CalPERS retiree pursuant to Government Code Sections 7522.56 and 21221(H).
FISCAL IMPACT
This position has been budgeted and no further financial impact is anticipated.
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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: TEMPORARY APPOINTMENT OF A CALPERS RETIREE PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21221(H)
PAGE 2
BACKGROUND
Staff is requesting that City Council adopt a resolution authorizing the City to temporarily appoint CalPERS retiree Michelle Dawson pursuant to Government Codes Sections 7522.56 and 21221(h). Adoption of the resolution will allow Ms. Dawson to work in a limited duration capacity as an interim Assistant City Manager. This temporary appointment will end with the permanent appointment of an Assistant City Manager, or June 30, 2023, whichever occurs first, but, in either case, within a cap not to exceed 960 hours of work in a fiscal year.
ISSUES/ANALYSIS
The California Public Employees’ Retirement System (CalPERS) recognizes that retirees can play an important role in maintaining cit y operations, particularly in short -term or emergency situations; however, they also specify limitations on a retiree’s service when returning to work for a CalPERS agency. Government Codes Sections 7522.56 and 21221(h) provide specific guidance on employi ng a CalPERS retiree without interruption to retirement benefits or reinstatement from retirement. Key terms of hiring a retired annuitant under the Government Code and by which the City will be following are:
The retiree must wait 180 days after his or her retirement date before he or she can return to work for a CalPERS employer, unless there is a qualifying exception . Ms. Dawson met the 180-day waiting period as of April 5, 2019.
The appointment of a retired annuitant must be for a limited duration for a vacant position. The City is actively recruiting for an Assistant City Manager position. Ms. Dawson’s public sector work experience includes serving as a City Manager and an Assistant City Manager. She possesses special skills and knowledge directly relat ed to the City’s Assistant City Manager position. For these reasons, staff believes it would be most beneficial to the City to temporarily appoint her until the completion of the recruitment for a permanent appointment to fill the Assistant City Manager po sition, or June 30, 2023, whichever occurs earlier. Both the City and Ms. Dawson are aware that a retired annuitant can only be appointed once to a vacant position as required by Government Code Section 21221(h).
The retired annuitant’s salary cannot be le ss than the minimum or exceed the maximum for the vacant position as listed on the employer’s publicly available pay schedule for the position. Ms. Dawson will be temporarily appointed as an Assistant City Manager. Her hourly pay rate upon temporary hire will be $112.71 per hour.
The retired annuitant cannot be paid any other compensation or benefits in addition to the hourly pay rate . Ms. Dawson’s employment agreement (Attachment A) specifies that her temporary appointment is not eligible to receive any co mpensation or benefits other than her hourly pay rate.
A maximum of 960 hours can be worked within a fiscal year (July 1 to June 30), and CalPERS does not provide any exception to this limit. Nonpaid or volunteer hours can't be used in order to exceed 960 hours in a fiscal year. Ms. Dawson is expected to work while the City completes the recruitment for a permanent appointment of an Assistant City Manager.
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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: TEMPORARY APPOINTMENT OF A CALPERS RETIREE PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21221(H)
PAGE 3
The City will be required to enroll Ms. Dawson as a retired annuitant in the myCalPERS system and report hours worked to CalPERS.
The retiree will not accrue service credit or any additional retirement rights or benefits .
While the City is required to report hours worked by Ms. Dawson, those hours will not be counted as additional retirement service credit s and reported only for the purposes of tracking the fiscal year 960 hours limit.
The Employment Agreement (Attachment A) identifies the detailed terms of Ms. Dawson’s temporary appointment. Staff requests that City Council adopt a Resolution (Attachment B ) authorizing this temporary appointment effective October 19, 2022.
Attachment: Employment Agreement (Attachment A)
Resolution No. 2022-076 (Attachment B)
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ATTACHMENT A
01225.0004/811806.1
AT-WILL INTERIM ASSISTANT CITY MANAGER
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF CHINO AND MICHELLE DAWSON
This At-Will Interim Assistant City Manager Employment Agreement Between the City of Chino and Michelle Dawson (“Agreement”) is made this 18th day of October, 2022, between the City of Chino and (hereinafter referred to as “the City”) and Michelle Dawson (hereinafter referred to as “Employee”).
RECITALS
WHEREAS, the City desires to hire the services of a limited term employee t o work as the Interim Assistant City Manager while the City conducts a recruitment for a permanent Assistant City Manager; and
WHEREAS, Employee possesses extensive experience in an Assistant City Manager capacity and the specialized skill set to perform the required duties of Interim Assistant City Manager, and desires to provide the services of the Interim Assistant City Manager for a limited term and as an at-will employee; and
WHEREAS, Employee is a retiree of the California Public Employee’s Retirement System (“CalPERS”), and will be working in the capacity of a retired annuitant consistent with the restrictions and requirements of CalPERS; and
WHEREAS, the parties desire to fix the terms and condition s of said limited term at -will employment by this Agreement.
IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENT HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS:
1. Services: Employee shall serve as the Interim Assistant City Manager during the term of this Agreement. Employee will perform such duties as are specified in the job description of the position subject to modification by the City Manager , which shall not require an amendment to this Agreement. Employee shall perform such additional legally permissible and appropriate duties as may be assigned by the City Manager. Employee agrees to abide by all City policies and procedures.
Where there is a conflict between those policies and procedures and specific terms of this Agreement, this Agreement shall prevail.
2. Term: The City agrees to employ, and Employee accepts employment with the City under the terms of this Agreement beginning on October 19, 2022, and ending on the date that a permanent hire to the positio n begins employment or until Employee’s employment is terminated in accordance with this Agreement. This Agreement shall automatically terminate on June 30, 2 023, if not earlier terminated. The term will not exceed the limitations set forth by CalPERS for the employment of retired annuitants.
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Appointment of Michelle Dawson as ACM
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ATTACHMENT A
01225.0004/811806.1
3. Compensation: Employee will be paid $112.71 per hour, which is at the top of the monthly salary range for the Assistant City Manager ($19,534.00), payable at the same time as other employees of the City are paid. Employee will be enrolled in CalPERS as a retired annuitant. Accordingly, no CalPERS contributions will be collected or paid in accordance with the requirements of CalPERS. Employee shall not receive paid vacation or any other employee benefits , incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate.
4. Termination: Employee shall be an at -will employee and serve at the will and pleasure of the City Manager. The City Manager may terminate this Agreement and Employee’s employment at any time with or without cause and without notice.
Employee expressly waives any rights provided under the City’s Personnel Rules, Municipal Code, or under other state or federal law to any other form of pre - or post-termination hearing, appeal, or other administrative process pertaining to termination. Employee may terminate this Agreement and Employee’s employment at any time upon written notice to the City.
5. Withholding of Taxes: The City will withhold any monies payable pursuant to this Agreement including all federal, state, City or other taxes as may be required by any law, or governmental regulation or ruling.
6. Hours of Work: Employee is expected to conduct City business and perform Employee’s duties for the City during the normal business hours. Employee shall generally work up to 40 hours per week based on the City’s needs, not to exceed 960 hours per fiscal year. However, Employee may be required to, and in such cases agree to, work more than 40 hours in order to perform her duties ; in such event, Employee must first obtain prior written authorization of the City Manager.
The City recognizes that Employee may devote time outside normal office hours to the business of the City, and, therefore, Employee will be allowed to take reasonable time off during normal business hours subject to prior written approval of the City Manager.
7. Employee Work Product : All data, studies, reports, and other documents prepared and/or reviewed by Employee while performing her duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law. Such materials, without the prior written consent of the City Manager or designee, shall not be used by Employee for any purpose other than the performance of her duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law.
8. No Severance: Employee shall not be entitled to severance pay, and Employee expressly waives any and all rights with respect to severance pay.
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Appointment of Michelle Dawson as ACM
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ATTACHMENT A
01225.0004/811806.1
9. Indemnification: To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of Employee’s employment, or to any other intentional or malicious conduct or gross negligence of Employee.
10. Effect of Agreement on Employee’s CalPERS Retirement Benefits : The City makes no representation on the impact, if any, this Agreement shall or may have upon her CalPERS retirement benefits, status, duties, and/or obligations.
Employee acknowledges that in entering into this Agreement, she has not relied upon any such representations (none of which being in existence) in assessing the CalPERS-related impact of her employment. Therefore, Employee releases the City from any and all CalPERS -related claims or liabilities that may arise in connection with her employment pursuant to this Agreement
11. No Unemployment Insurance Benefits Received By Employee : Employee expressly certifies and warrants to the City that she has n ot received any unemployment insurance payments for retired annuitant work for any public employer within the 12 months prior to her appointment date.
12. Effect of Waiver: The failure of either party to insist on strict compliance with any of the terms, cov enants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times.
13. Assignment: The rights and obligations of the respective parties hereto under this Agreement shall inure to the benefit and shall be binding upon heirs, legal representatives, successors, and assigns of the parties hereto; provided, however, that this Agreement shall not be assignable by either party without the prior written consent of the other party. Any attempted assignment is void.
14. Entire Agreement: This Agreement supersedes any , and all other agreements, either verbal or in writing, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said subject matter in any manner whatsoever. Any modifications of this Agreement will be effective only if it is in writing and signed by both Employee and the City Manager.
15. Governing Law: This Agreement shall be governed by, construed , and enforced in accordance with the laws of the State of California. Any action to interpret or enforce the terms of this Agreement shall be held exclusively in the state court in San Bernardino County, California. Employee expressly waives any right to remove any such action from San Bernardino County, otherwise permitted by the California Code of Civil Procedure Section 394.
11.4.a
Appointment of Michelle Dawson as ACM
Packet Pg. 32
ATTACHMENT A
01225.0004/811806.1
16. Partial Invalidity : If any provision of this Agreement is found to be invalid or unenforceable by any court, the remaining provisions hereof shall remain in effect unless such partial invalidity or unenforceability would defeat an essential business purpose of this Agreement.
17. Independent Legal Advice : The City and Employee represent and warrant to each other that each has received le gal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or has at least had the opportunity to do so, that each has carefully reviewed this entire Agreement, that each and every term thereof is understood, and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.
18. Government Code Sections 53243 - 53243.4: Government Code Sections 53243 - 53243.4 sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives.
Those statutes also require contracts between local agencies and their employees including provisions requiring an employee who is convicted of a crime involving an abuse of her office or position to provide reimbursement to the local agency.
Those statutes are incorporated herein by reference. Accordingly, the Partie s agree it is their mutual intent to fully comply with the cited Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on this 18th day of October 2022.
BY CITY:
____________________________________
Linda Reich, City Manager
BY EMPLOYEE:
_____________________________________
Michelle Dawson
11.4.a
Appointment of Michelle Dawson as ACM
Packet Pg. 33
ATTACHMENT A
01225.0004/811806.1
APPROVED AS TO FORM:
______________________________________
Fred Galante, City Attorney
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Appointment of Michelle Dawson as ACM
Packet Pg. 34
ATTACHMENT B
RESOLUTION NO. 2022-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, APPOINTING MICHELLE DAWSON AS AN INTERIM
ASSISTANT CITY MANAGER PER GOVERNMENT CODE SECTION 21221(h).
WHEREAS, Government Code Section 21221(h) of the Publi c Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the City Council of the City of Chino desires to appoint Michelle Dawson as an interim appointment retire d annu itant to the vacant position of Assistant City Manager for the City of Chino under Gov ernment Code Section 21221(h), effective October 19, 2022; and
WHEREAS, the City Council of the City of Chino , the City of Chino and Michelle Dawson certify that Michelle Dawson has not and will not receive a Golden Handsh ake or any other retirement-related incentive; and
WHEREAS, an appointment under Gov ernment Code Section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a perm anent appointment; and
WHEREAS, the governing body has authorized the search for a permanent appointment on October 14, 2022; and
WHEREAS, this Gov ernment Code Section 21221(h) appointment shall only be made once and therefore will end on June 30, 2023; and
WHEREAS, the entire employment agreement, cont ract or appointment document between Michelle Dawson and the City of Chino has been reviewed by this body and is attached herein; and
WHEREAS, the compensation paid to retirees cannot be less th an the mi nimum nor exceed the maximum monthly base salary pa id to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $19,534 and the hourly equivalent is $112.71; th e minimum base salary for this positi on is $14,469 and the hourly equivalent is $83.48; and
WHEREAS, the hourly rate paid to Michelle Dawson will be $112.71; and
11.4.b
Appointment of Michelle Dawson as ACM Packet Pg. 35
RESOLUTION NO. 2022-076
PAGE 2
WHEREAS, Michelle Dawson has not and will not receive any other benefit, incentiv e, compensation in lieu of b enefit or other form of compensation in addition to this hourly pay rate; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chino hereby certifies the nature of the employment of Michelle Dawson as described herein and detailed in the attached employm ent agreement document and that this appointment is necessary to fill the critically needed position of Assistant City Manager for the City of Chino by October 19, 2022.
APPROVED AND ADOPTED THIS 18th day of October, 2022.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
_____________________________
ANGELA ROBLES, CITY CLERK
CITY OF CHINO
11.4.b
Appointment of Michelle Dawson as ACM Packet Pg. 36
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M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 18, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT FOR TH E ONTARIO RANCH BUSINESS PARK PROJECT WITHIN THE CITY OF CHINO RIGHT-OF-WAY.
RECOMMENDATION
1) Approve a Public Improvement Agreement and securities with Euclid Land Venture, LLC for the construction of public improvements on Merrill Avenue associated with the Ontario Ranch Business Park project in the City of Ontario; 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:
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
11.5 CONSENT CALENDAR
Packet Pg. 37
COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT FOR THE ONTARIO RANCH BUSINESS
PARK PROJECT WITHIN THE CITY OF CHINO RIGHT-OF-WAY
PAGE 2
BACKGROUND
The Ontario Ranch Business Park (ORBP), also known as Parcel Map 20016, is a project site that encompasses eleven parcels in the City of Ontario. The applicant, Real Estate Development Associates (REDA) applied with the City of Ontario to subdivide the 80.653 acres of land into eight parcels within the Ontario Ranch Business Park Specific plan, located on the northeast corner of Merrill and Euclid Avenues. More specifically, the pr oject site is in the southwestern portion of Ontario, immediately north of the City of Chino, east of Euclid Avenue, north of Merrill Avenue, west of the unimproved right -of-way of Sultana Avenue, and south of Eucalyptus Avenue.
The proposed project is an industrial and business park to include seven warehouse buildings ranging from 43,400 square feet to 1,099,000 square feet, totaling a maximum development of 1,676,000 square feet of warehouse and office uses. The terms of the development agreement between the City of Ontario and the developer require the design and construction certain public improvements along the perimeter of Merrill Avenue including, but not limited to, pavement widening, curb and gutter, and storm drain. This was required in order to m itigate traffic impacts from the project. The developer is completing these improvements at their sole cost and expense.
Consequently, the developer, Euclid Land Venture, LLC, is required to enter into a Public Improvement Agreement with the City of Chino and post the necessary securities to ensure the timely delivery of the public improvements located on the south side of Merrill Avenue from Euclid Avenue to Grove Avenue (Exhibit A). The applicant will submit the Warranty bond prior to final acceptance. Upon completion and City acceptance, the required improvements will support the City's efforts to promote a positive City image and ensure responsible long-range planning.
ISSUES/ANALYSIS
The public improvements include construction of the upstream segment of Storm Drain Line I along Euclid Avenue. This segment begins at the Merrill Avenue street intersection and terminates approximately 500 feet south along Euclid Avenue. The remaining downstream portion of Storm Drain Line I within the City of Chino would be constructed as part of future development subject to the Cities of Chino and Ontario finalizing a cost -share agreement currently still under negotiation.
The Merrill Avenue street improvements in Chino will only include street widening, curb, and gutter improvements, in order to mitigate increased traffic from the project. The City received $5 million in connection with the Scannell/Fed-Ex project for future airport perimeter improvements.
The first stage of this project is currently underway, which inc ludes a comprehensive airport right-of-way survey. Once the survey is complete and approved by the Federal Aviation Administration, the City will be able to acquire the ultimate right -of-way on its streets surrounding the airport. The perimeter improvement funds will then be used for additional enhancements, such as sidewalks, landscaping, and lighting, in coordination with San Bernardino County.
To guarantee the completion of said improvements, the developer has submitted the Public Improvement Agreement a nd the necessary bonds to the City. Additionally, the City Attorney has reviewed and approved the agreement and bonds.
Attachments: Exhibit A - Project Location Map
11.5 CONSENT CALENDAR
Packet Pg. 38
COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT FOR THE ONTARIO RANCH BUSINESS
PARK PROJECT WITHIN THE CITY OF CHINO RIGHT-OF-WAY
PAGE 3
Exhibit B - Public Improvement Agreement
11.5 CONSENT CALENDAR
Packet Pg. 39
ORBP
LEGEND:
EXHIBIT "A"
4150 CONCOURS, ONTARIO, CA 91764PHONE: (909) 989-9789 FAX: (909) 989-9660Engineering Geospatial Land Planning
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Revenue: Expenditure: .
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M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 18, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: MEASURE I 5 -YEAR CAPITAL IMPROVEMENT PLAN AND EXPENDITURE STRATEGY.
RECOMMENDATION
Adopt Resolution No. 2022-069, approving the Measure I Local Street Pass-Through Funds Five-Year Capital Improvement Plan and Expenditure Strategy for Fiscal Year 2022-2023 through Fiscal Year 2026-2027.
FISCAL IMPACT
Adoption of the Measure I Local Street Pass-Through Funds Five-Year Capital Improvement Plan and Expenditure Strategy is required to receive and expend Measure I funds. Measure I expenditures are included in the FY 2022-23 Adopted Budget.
11.6 CONSENT CALENDAR
Packet Pg. 91
COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: MEASURE I 5-YEAR CAPITAL IMPROVEMENT PLAN AND EXPENDITURE
STRATEGY
PAGE 2
BACKGROUND
In November 1989, Co unty voters approved Measure I, supporting a half -cent sales tax in the incorporated and unincorporated areas of the County for the 20 -year period between April 1, 1990, and March 31, 2010. Early in the second decade of Measure I, it became apparent that continuation of the half -cent sales tax would be critical to maintaining funding for transportation projects in San Bernardino County. Ultimately the voters of San Bernardino County approved the San Bernardino County Transportation Authority Ordinance 04 -01 on November 4, 2004, extending the half-cent sales tax for 30 years to March 31, 2040.
ISSUES/ANALYSIS
The Measure I Strategic Plan requires governing bodies receiving Measure I revenue from the Local Street Program to annually adopt a Five -Year Capital Improvement Plan (CIP). This plan is intended to effectively outline the specific projects upon which Measure I local pass -through funds will be expended. Moreover, the Measure I Five -Year Capital Improvement Program includes a five-year period from Fiscal Year 2022-2023 through Fiscal Year 2026-2027.
The City is obligated to annually adopt by resolution a Five -Year CIP. Specifically, the CIP acknowledges that the City will maintain the general fund expenditures within the said fiscal year at the required M aintenance of Effort (MOE) base year level for construction and maintenance projects related to transportation. Therefore, the City of Chino must spend at least $3,305,355.01 from its General Fund each year until year 2040 to receive its share of the Measure I funds.
In addition, agencies shall also adopt an Expenditure Strategy statement detailing the City’s approach to spending the funds and must be included with the Five -Year Capital Improvement Plan.
The projects contained in the Measure I Local Street Pass-Through Funds Five -Year Capital Improvement Plan do not reflect the City’s entire capital improvement program. Rather the plan contains projects that receive partial or full funding from Measure I Local Pass -Through funds and adhere to the Expenditure Strategy statement.
Attachments: Resolution No. 2022-069
Measure I CIP 5 Year Plan
11.6 CONSENT CALENDAR
Packet Pg. 92
RESOLUTION NO. 2022-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, ADOPTING THE MEASURE I FIVE YEAR CAPITAL
IMPROVEMENT PLAN AND EXPENDITURE STRATEGY FOR FISCAL YEAR 2022-2023 THROUGH FISCAL YEAR 2026-2027
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004 , authorizing San Bernardino County Transportation Authority, to impose a one -half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can be used only for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04 -01 of the Authority; and
WHEREAS, the Strategic Plan requires that each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04 -1 require each local jurisdiction to maintain General Fund expenditures for transportation -related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Chino is $3,305,355.01.
WHEREAS, Expenditure Plans of the Ordinance require each local jurisdiction receiving revenue from the Local Streets Program to expend those funds pursuant to a Five-Year Capital Improvement Plan adopted annually by resolution of the local jurisdiction; and
WHEREAS, SBCTA also requires that each local jurisdiction prepare an Expenditure Strategy.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA , HEREBY RESOLVES AS FOLLOWS:
Section 1. That the Measure I Five Year Capital Improvement Plan and Expenditure Strategy Fiscal Year 2022-2023 through Fiscal Year 2026-2027, copies of which are attached to this Resolution, are hereby adopted.
Section 2. That the City Clerk shall certify to the passage and adoption of this Resolution and thereupon and thereafter the same shall take effect and be in full force.
11.6.a
Measure I 5-Year Capital Improvement Plan & Expenditure Packet Pg. 93
RESOLUTION NO. 2022-069
PAGE 2
APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER, 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
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 at a regular meeting held on the 4th day of October, 2022 by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
Attachments: Measure I Five Year Capital Improvement Plan and Expenditure Strategy Fiscal Year 2022- 2023 through Fiscal Year 2026-2027
11.6.a
Measure I 5-Year Capital Improvement Plan & Expenditure Packet Pg. 94
Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
6/30/22 Carryover Balance $3,305,355.01
FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue Total Est. Rev. $2,262,498 $2,277,114 $2,277,174 $2,296,322 $2,317,473 $11,430,580 Projects:
C7053/TR131- Traffic Signal Modification at Riverside Drive and Ramona Avenue No No 0.0% 100.0% $293,341 $263,566 $0 $0 $0 $0 $263,566 C7061/TR152- Traffic Signal Modification at Telephone Avenue and Philadelphia Street Yes No 0.0% 100.0% $150,000 $140,466 $0 $0 $0 $0 $140,466 MS202- Accessibility Improvements Citywide No No 0.0% 100.0% $252,000 $224,256 $0 $0 $0 $0 $224,256 TR 220 Traffic Signal Modifications at San Antonio Avenue at Walnut Avenue, Philadelphia Street at Monte Vista Avenue Yes No 0.0% 100.0% $467,000 $46,000 $0 $0 $0 $0 $46,000 TR221 CCTV Camera Installation for TS
Communications- Phase 3- at Pipeline Ave/Chino Ave;
Pipeline Ave/Schaefer Ave; Pipeline Ave/Spectrum
North; Pipeline Ave/Grand -Edison Ave; Spectrum
West/Grand Ave; Spectrum East/Grand Ave; Ramona
Ave/ Chino Ave; Ramona Ave/Edison Ave; Monte Vista
Ave/Edison Ave
No No 0.0% 100.0% $220,000 $220,000 $0 $0 $0 $0 $220,000 TRXXX TBD CCTV Camera Installation- Phase 4 No No 0.0% 100.0% $225,000 $0 $225,000 $0 $0 $0 $225,000 TRXXX TBD Traffic Signal Modification Central Avenue at Eucalyptus Avenue No No 0.0% 100.0% $300,000 $0 $300,000 $0 $0 $0 $300,000 TR211 Traffic Signal Modifications- Riverside
Drive at Magnolia Avenue and Riverside Drive at
Mountain Avenue
No No 0.0% 100.0% $450,000 $7,593 $0 $0 $0 $0 $7,593
TR212 Traffic Signal Installation Monte Vista Ave
at Walnut Ave No No 0.0% 100.0% $520,000 $50,000 $0 $0 $0 $0 $50,000 TR214- Traffic Signal Upgrades- Philadelphia
Street at Town Square Avenue (Previous TR161) No No 0.0% 100.0% $200,000 $33,444 $0 $0 $0 $0 $33,444 ST182 - Bicycle, Pedestrian, & Transit Improvements No No 0.0% 100.0% $332,890 $332,890 $0 $0 $0 $0 $332,890 SN211 - Alley/Sanitation Rehabilitation No No 0.0% 100.0% $370,000 $343,826 $0 $0 $0 $0 $343,826 ST061 Pine Ave Connection SR71 No No 0.0% 100.0% $350,000 $350,000 $0 $0 $0 $0 $350,000 Maint. MS181 - Local Street Overlay Program No No 0.0% 100.0% $230,750 $230,750 $0 $0 $0 $0 $230,750 Maint. MS222 - Preserve/College Park Slurry Project No No 0.0% 0.0% $900,000 $882,198 $0 $0 $0 $0 $882,198 Maint. 7120-Traffic Control No No 0.0% 0.0% $295,000 $295,000 $0 $0 $0 $0 $295,000 Maint. 7140-Asphalt Maint NC231 No No 0.0% 0.0% $585,000 $585,000 $0 $0 $0 $0 $585,000 Maint. 7150-Concrete Maint No No 0.0% 0.0% $270,000 $270,000 $0 $0 $0 $0 $270,000 Reimb. R7221-East End Ave County Project No No 0.0% 0.0% $539,000 $539,000 $0 $0 $0 $0 $539,000 Reimb. R7231-Chino Hills Parkway Pavement Rehabilitation No No 0.0% 0.0% $1,000,000 $1,000,000 $0 $0 $0 $0 $1,000,000 MS232 Chino Spectrum Traffic Study No No 0.0% 0.0% $150,000 $150,000 $0 $0 $0 $0 $150,000 MS233 Citywide Telecommunication Plan No No 0.0% 0.0% $50,000 $50,000 $0 $0 $0 $0 $50,000 MS236 Traffic Signal Synchronization Plan No No 0.0% 0.0% $80,000 $80,000 $0 $0 $0 $0 $80,000 N7604 Coordinated Traffic Signal System No No 0.0% 0.0% $70,000 $70,000 $0 $0 $0 $0 $70,000 TR172 Traffic Signal Modification Ramona & Schaefer No No 0.0% 0.0% $592,000 $17,364 $0 $0 $0 $0 $17,364
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
Jurisdiction:2022 - 069
4-Oct-22
Eduardo Diaz / Associate Engineer
(909) 334 - 3534
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/[email protected] Chino
Current
Estimate
Current
Estimate TotalCurrent
Estimate
Current
Estimate
Current
Estimate
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
11.6.b
Measure I 5-Year Capital Improvement Plan & Expenditure Packet Pg. 95 Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
Jurisdiction:2022 - XXX
4-Oct-22
Eduardo Diaz / Associate Engineer
(909) 334 - 3534
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/[email protected] Chino
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0.00 0.00 0.00 0.00 0.00 0.00 $0.00
0% 100% $0.00 0.00 0.00 0.00 0.00 0.00 $0.00
0% 100% $0.00 0.00 0.00 0.00 0.00 0.00 $0.00
0% 100% $0.00 0.00 0.00 0.00 0.00 0.00 $0.00
0% 100% $0.00 0.00 0.00 0.00 0.00 0.00 $0.00
0% 100% $0.00 0.00 0.00 0.00 0.00 0.00 $0.00
0% 100% $0.00 0.00 0.00 0.00 0.00 0.00 $0.00
0% 100% $0.00 0.00 0.00 0.00 0.00 0.00 $0.00
$6,181,353 $525,000 $0 $0 $0 $6,706,353
Total Programming is currently 46% Total Estimated Programming: $6,706,353 Projects Total:
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
11.6.b
Measure I 5-Year Capital Improvement Plan & Expenditure Packet Pg. 96
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: OCTOBER 18, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: PURCHASE ORDER AND VENDOR CAP INCREASE - M.K. SMITH CHEVROLET.
RECOMMENDATION
1) Approve a purchase order for M.K. Smith Chevrolet, Chino, CA, in the amount of $50,474.78; 2) increase the vendor cap by $50,474.78 to a revised total vendor cap of $207,301.78; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2022-23 Operating Budget.
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
11.7 CONSENT CALENDAR
Packet Pg. 97
COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: PURCHASE ORDER AND VENDOR CAP INCREASE - M.K. SMITH CHEVROLET PAGE 2
BACKGROUND
For Fiscal year 2021-2022, a 2002 Chevrolet ¾ ton Crew cab truck (Unit #117) assigned to the Police department was scheduled for replacement. On June 18, 2021, a bid notice was published on Planet Bids and broadcasted to 58 dealerships. On July 6, 2021, the City received four (4) bids for this solicitation.
The bid was accepted, and a purchase order was approved by the City Council on September 7, 2021, to M.K. Smith Chevrolet, Chino, CA, in the amount of $36,428.25. As a result of the Covid-19 Pandemic, Chev rolet notified the vendor of a supply chain and production shortage, causing Chevrolet to stop production, cancel orders, and stop accepting new orders of various models earlier than expected.
ISSUES/ANALYSIS
Staff has been coordinating efforts with M.K. S mith Chevrolet to continue to proceed with the order of this vehicle. Unfortunately, the vehicle will now be a Model Year 2023 instead of a Model Year 2022. Chevrolet released pricing for some Model Year 2023 vehicles and M.K.
Smith Chevrolet has provided staff with the updated pricing for this model. The updated pricing results in an increase from what was originally approved in Fiscal Year 2021, netting a $14,046.53 price increase due to Chevrolet’s decision to stop producing and cancel orders for some Model Year 2022 vehicles.
While the City could reject the price increase and develop a new bid package, given the prevailing economic conditions and rising costs, staff believes rejecting the bid would not result in added benefits or savings to the City. The refore, it is staff’s recommendation to continue with purchasing this vehicle from M.K. Smith Chevrolet. However, the City will need to provide M.K.
Smith Chevrolet with a new purchase order to account for the price increase.
Therefore, staff recommends th at City Council approve a new purchase order to M.K. Smith Chevrolet, Chino, CA in the amount of $50,474.78 and increase the vendor cap to $207,301.78.
11.7 CONSENT CALENDAR
Packet Pg. 98
Revenue: Expenditure: 5307340-40005-R2071
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 18, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: CONSTRUCTION CONTINGENCY INCREASE FOR BENSON AVENUE PERMANENT LIFT STATION PROJECT R2071.
RECOMMENDATION
1) Authorize an increase of $60,188.48 in construction contingency expenditures for a revised amount of $149,508.48; 2) approve a not to exceed total contract amount of $1,042,708.48 to Caliagua, Inc., Anaheim, CA, for the Benson Avenue Permanent Lift Station Project (R2071); 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2022 -23 Capital Improvement Program Budg et for Project No. R2071. All work related to City infrastructure relocations attributable to the Benson Avenue Permanent Lift Station Project (R2071) will be one hundred percent (100%) reimbursable by Caltrans pursuant to reimbursement agreements between Caltrans and the City.
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
• Financial Stability
11.8 CONSENT CALENDAR
Packet Pg. 99
COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: CONSTRUCTION CONTINGENCY INCREASE FOR BENSON AVENUE PERMANENT LIFT STATION PROJECT R2071
PAGE 2
BACKGROUND
On May 4, 2021, City Council awarded a construction contract to Caliagua, Inc., Anaheim, CA, in the amount of $893,200 for Project No. R2071 - Benson Avenue Permanent Lift Station Part of the project award included authorized expenditures for contingencies in the amount of $89,320. Caliagua, Inc. substantially completed the lift station and the pre-start up activities for the new pump station and trained staff on how to operate the pump station on May 24, 2022, and were awaiting for the lift station to be energized to complete the rest of their work.
Staff submitted a design request to Southern California Edison (SCE) for this project. A final design was received from SCE to provide power to the permanent sewer lift station in January 2021. City Staff has experienced delays from SCE in relation to energizing the project site. City staff and Caliagua, Inc. attempted to get on SCE’s schedule to initiate energizing activities, but SCE delayed these scheduling efforts. SCE’s delays were a result of SCE not being able to schedule crews in a timely manner, having to postpone the project site’s energizing dates, and needing to attend to power outages during the summer months of 2022.
After extensive communication with SCE, staff was finally provided with a date of September 11, 2022, to begin working on energizing the lift station. While commencing excavation activities in the project area in early September 2022, SCE discovered existing third-party utility lines SCE had not revealed during their design. As such, SCE had to cancel the scheduled work, and had to hold internal discussions with staff to find a new location to install their infrastructure, and complete revised the civil and electrical design required to energize the City’s permanent lift station. SCE provided staff an estimated date to energize, by the week-ending October 28, 2022, at worse case.
Caliagua has not been able to proceed with the remainder of the construction work until SCE provides permanent power to the project site. Caliagua requires permanent power to energize the lift station. The balance of the construction work entails Start-Up and testing, demolition of the temporary lift station, paving, closeout, and demobilization. Without power, Caliagua is unable complete the above-mentioned work. In response to the SCE delays, Caliagua submitted to staff their weekly cost to idle based on demobilization and remobilization of equipment, labor and Material rental.
Staff reviewed the weekly cost incurred by the contractor and negotiated a weekly delay rate in the amount of $2,735.84 per week. Caliagua has been waiting for SCE to energize since May 24, 2022. The current and additional delay by SCE corresponds to a total of 22 weeks in duration, which equates to $60,188.48 in delay costs. Should SCE return to the site sooner, the delay cost total will be adjusted accordingly.
All work related to City infrastructure relocations attributable to the project will be one hundred percent (100%) reimbursable by Caltrans pursuant to reimbursement agreements between Caltrans and the City.
ISSUES/ANALYSIS
Staff is recommending an increase of $60,188.48 in contract contingency for a not-to-exceed revised total contract amount of $1,042,708.48 to complete the Benson Avenue Permanent Lift Station Project (R2071). Provided below is a summary of the current accounting costs for R2071:
11.8 CONSENT CALENDAR
Packet Pg. 100
COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: CONSTRUCTION CONTINGENCY INCREASE FOR BENSON AVENUE PERMANENT LIFT STATION PROJECT R2071
PAGE 3
PROJECT CONSTRUCTION AMOUNT
Original Contract Amount $ 893,200.00
Council Approved Contingency $ 89,320.00
Additional Contingency $ 60,188.48
REVISED CONTRACT TOTAL $ 1,042,708.48
Attachment: Change Order Request
11.8 CONSENT CALENDAR
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11.8.a
Approve Construction Contingency Increase for Benson
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11.8.a
Approve Construction Contingency Increase for Benson
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Approve Construction Contingency Increase for Benson
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Approve Construction Contingency Increase for Benson
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11.8.a
Approve Construction Contingency Increase for Benson
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Revenue: Expenditure: 3408300-48005-G8201
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
COMMUNITY SERVICES DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 18, 2022
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, COMMUNITY SERVICES DIRECTOR
SUBJECT: NOTICE OF COMPLETION - CHINO RANCHO PARK DEMOLITION PHASE PROJECT (G8201).
RECOMMENDATION
1) Accept the Chino Rancho Park Demolition Phase Project, completed by C.S. Legacy Construction, Inc., Walnut, CA as complete; 2) authorize the City Manager to file the Notice of Completion; and 3) release the retention funds following the 35-day lien period.
FISCAL IMPACT
The project is included in the Fiscal Year 2022-23 Park Fund budget.
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:
• Commitment to Our Community
• Positive City Image
• Responsible Long-Range Planning
11.9 CONSENT CALENDAR
Packet Pg. 107
COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: NOTICE OF COMPLETION - CHINO RANCHO PARK DEMOLITION PHASE PROJECT (G8201)
PAGE 2
BACKGROUND
The Fiscal Year 2022-23 Park Development Fund budget provides funding for the development of Chino Rancho Park (G8201). The Community Services Department applied for a competitive grant through the State of California, Depart ment of Parks and Recreation Office of Grants and Local Services, and was awarded $2,858,075 to develop a park on the southeast corner of Central Avenue and Phillips Boulevard, now named Chino Rancho Park. The new park will consist of an entry monument fo r the City and park, parking lot, restroom building, an all - inclusive playground, shade pavilion, two pickle ball courts, outdoor fitness equipment, open space, walking trail with benches, artwork, historical markers, and drought tolerant landscaping.
The existing park site is a vacant lot, which contains a non -working water reservoir constructed in the 1940s. Due to the age of the water reservoir, staff elected to complete the project in two phases to address any unforeseen site issues and to meet the g rant deadline. The first phase of the project includes the demolition and removal of the water reservoir, concrete, posts, pipes, clearing and grubbing vegetation, and rough grading. The second phase consists of the park development.
ISSUES/ANALYSIS
During the course of construction, there was an unforeseen item that was identified in the field and addressed as a modification to the project. The modification included the removal of unforeseen debris consisting of brick, cinder block, concrete, asphalt, and metal material that was discovered underground (Change Order No. 1). The following is a summary of the final accounting costs for the project:
Original Construction Contract Amount $204,971.93
Change Order No. 1 $10,657.07
Final Project Amount $215,629.00
C.S. Legacy Construction, Inc., has satisfactorily completed all work within the project budget, and has complied with the terms of the contract. A Notice of Completion has also been prepared for filing with the San Bernardino County Recorder’s Office.
Attachment: Notice of Completion-Project No. G8201
11.9 CONSENT CALENDAR
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RECORDING REQUESTED BY
City of Chino
Community Services 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 Purchaser under contract of purchase (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
N/A
N/A
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 October 6, 2022
8. The name of the contractor, if any, for such work of improvement was:
C.S. Legacy Construction, Inc., 675 Brea Canyon Road, Suite 8, Walnut, CA 91789 (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:
Chino Rancho Park Demolition Phase Project
10. The street address of said property is
5325 Phillips Blvd., Chino, CA 91710, APN No. 1014052030000 (If no street address has been officially assigned, insert “none”)
SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE:
Linda Reich, City Manager
CERTIFICATION FOR NOTICE OF COMPLETION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )§
CITY OF CHINO )
I HEREBY CERTIFY that I am the 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 , at City of Chino, California.
Silvia Avalos
Director of Community Services
11.9.a
Notice of Completion - Chino Ranch Park Demolition
Packet Pg. 109
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 18, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: ADOPTION AND SECOND READING OF ORDINANCE NO. 2022-016.
RECOMMENDATION
Adopt Ordinance No. 2022-016 on second reading, amending Chapters 5.04, 5.20, and 5.24 of the Chino Municipal Code Regulating Business Licensing.
FISCAL IMPACT
There is no fiscal impact resulting from these changes to the City’s Municipal Code regarding Business Licensing. Application fees to obtain a Business License are already established and are proposed to cover expenses incurred by the City in enforcing this Ordinance. Administrative Fines and other cost recovery mechanisms and penalties for violati ons of the Ordinance are also proposed to offset the potential costs of enforcement incurred by the City.
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
11.10 CONSENT CALENDAR
Packet Pg. 110
COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: ADOPTION AND SECOND READING OF ORDINANCE NO. 2022-016 PAGE 2
BACKGROUND
This matter was introduced on first reading by the Council at their October 4, 2022 meeting.
Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHI NO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF CHAPTERS 5.04, 5.20, AND 5.24 OF THE
MUNICIPAL CODE REGARDING BUSINESS LICENSES, LIVE ENTERTAINMENT, AND
MASSAGE ESTABLISHMENTS
Attachment: Ordinance No. 2022-016
11.10 CONSENT CALENDAR
Packet Pg. 111
ORDINANCE NO. 2022-016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF
CHAPTERS 5.04, 5.20, AND 5. 24 OF THE MUNICIPAL CODE
REGARDING BUSINESS LIC ENSES, LIVE ENTERTA INMENT,
AND MASSAGE ESTABLISHMENTS
The City Council of the City of Chino, California, does hereby ordain as follows:
Section 1. Subsection ( A) of Section 5.04.430 (Special permit committee) of the Chino Municipal Code is hereby revised as follows (additions in bold underline; deletions in bold strikethrough):
A. A special permit c ommittee comprised of at least one member of the community development services department, public works department, police depart ment and administration department is established to investigate, review, and issue sp ecial b usiness perm its; and consider the revocation or extension of special business permits in accordance with the provisions of this chapter.
Section 2. Section 5.04.440 (Review by special permit committee) of the Chino Municipal Code is hereby deleted in its entirety.
Section 3. The first paragraph of Section 5.04.460 (Contents of special business permit) of the Chino Muni cipal Code is here by revised as follows with the remainder of the section remaining unchanged (additions in bold underline):
Upon the decision by the special permit committee, or city council on appeal, that a special business permit should be granted to the applicant pursuant to this chapter, the city manager or de signee, after the applican t has c omplied with applicable general licensing requirements, shall issue to such applicant a special business permit which shall contain:
Section 4. Section 5.04.540 (City event ven dor permit ) is hereby added to the Chino Municipal Code and shall read as follows:
5.04.540 - Special event vendor permit.
Any person or business wishing to participate a s a ven dor, or otherwise have a booth or stand, or to perform, solicit, or sell any products or services, at a special event, as d efined in Section 10.64.020 of th is code, sha ll first obtain a special event vendor permit from the city, even if the person or business al ready has a City of Chino business license.
A. Applicants for a special even t vendor permit shall submit an applica tion at least 30 days prior to the first day of the special event on a form created by the city, which shall include the following:
1. The name, address , and t elephone number of th e person or bus iness applying for the permit;
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Ordinance No. 2022-016
2. The name, date, and location of the special event;
3. A detailed description of the activities that the applicant will be conducting at the special event;
4. Whether the applicant has a valid City of Chino business license;
5. Proof that the applicant has all required permits and licenses to c onduct the d escribed a ctivities at the special event, in cluding but not limited to state licenses, county health permits, and liquor licenses; and
6. Any other information r equired by the Director of Finance to ensure tha t the vendo r’s activ ities will not create a t hreat to the health, safety, or welfare of the public.
B. Applicants that have a valid business license will not be required to pay a fee for the s pecial event vendor permit . Applicants that do not have a valid business license will be required to pay a special event vendor permit fee as established by the City Council.
C. Special event vendor permits shall be issued if the Director o f Finance or designee finds that the applicant is listed as an authorized vendor for the special event and that the vendor’s participation in the event will not create a threat to the health, safety, or welfare of the pu blic. The Director of Finance or designee may impose conditions on the issuance of the per mit as necessary in order to make these f indings. The fact that the applicant, or a different entity managed by the s ame indi viduals, p reviously had a special event vendor permit revoked by the city may be gr ounds for the de nial of a new special event vendor permit. The decision of the Director of Finance or designee may be appealed in accordance with Secton 5.04.300.
D. Special event vendor permits are val id for the entire dur ation of the special event, as stated in the special event permit.
E. Special event vendor permits shall be prominently d isplayed on booths or stands used by the ven dor at the special event and s hall be shown to city code enforcement officers upon request.
F. Special event vendor permits may be re voked by the Director of Finance or designee upon a findi ng that the ven dor is c onducting activities no t listed in the application, the vendor is not complying with conditions of approval listed in th e permit, the ven dor made material misrepresentations in the permit application, or t he ven dor is otherwise engag ing in activities that create a threat to the health, safety, and welfare of the public. Revocations shall be effective immediately ; however, the notice of revocation shall state the reasons fo r the revo cation and provide the ve ndor with an opportunity to request a h earing before the Director of Finance or designee within five business days of the notice to d ispute the re vocation, and t he city shall endeavor to conduct the hearing prior to date of the special event, if possible.
The decision of the Director of Finance or designee following the hearing may be appealed in accordance with Secton 5.04.300.
G. A separate special event vendor permit is requi red for each separate special event. Special event vendor permits are not transferrable.
11.10.a
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Ordinance No. 2022-016
Section 5. Section 5.20.010 (Live entertainment defined) of the Chino Municipal Code is here by revised as fol lows (additions in bold underline ; deletions in bold strikethrough):
"Live entertainment," as used in this chapter, shall not include entertainment provided by the use of a radio , mu sic recording machine or j uke box , or any entertainment provided unde r the supervision of school authorities or the Chino Recreation Association or any nonprofit organization or service club. However, it shall include any presentation or activity of an y nature which is designe d or intended to divert, amuse, or attract the a ttention of persons observing such presentation or activities, including an y type of presentation, but not limited to, any type of presentation in which live entertainers or performer s appear before an audien ce of any nu mber of pers ons including mus ic p layed by a dis c jockey. The mere presence of any female employee in such publi c place, unclothed or in such attire, costume or clothing as to expose to public view any portion of either breast at or be low the areola thereof or of any o ther private part of any such employee, or the permitting or allowing of any other female person present on the premises to participate in any performance in such public place, unclothed or in such attire, c ostume or cloth ing, shall cons titute "live entertainment" within the mea ning of the term as used in this chapter .
Section 6. Section 5.20.020 (Restrictions on live fe male entertainers) of the Chino Muni cipal Code is here by revised as follows (deletions in bold strikethrough):
5.20.020 Restrictions on live female entertainers.
Any s uch live female entertainers shall not be permitted to mingle with or fraternize with the patrons and customers present on the premises, and such entertainers shall be restricte d to per forming on a raised pla tform w hich is at least eighteen inches above the floor level, and a minimum of six feet in distance from the nearest patron or customer.
Section 7. Subsection (D) of Section 5.24.060 (Massage
establishments—Business license, special conditional use permit , and l ocation) of the Chino Muni cipal Code is h ereby revised as follows (additions in bold underline):
D. The city shall not issue or allow a transfer of a business license to operate a massage estab lishment, or any other type of b usiness, to any applican t or entity if:
1. The applicant has had a license to operate a massage establishment or other permit denie d, suspended or revoked by the city or any other city, county, state, local agency, or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked.
2. The property upon which the proposed massage establishment will operate as indicate d in the application ha s had a p rior rev ocation of a business l icense for a massage establishment o r sta te massage certificate or the property w as associated with cr iminal activity relating to massage establishment activity within the last ten years. The new applicant must not have any affiliation with the previous owner(s) or employee(s) or subcontractor(s).
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Section 8. Subsection (C) of Section 5.24.120 (Violations—Penalty) of the Chino Muni cipal Code is here by revised as follows (additions in bold underline):
C. No mas sage establ ishment shal l be establi shed or re-established in a location in which a m assage establishment has been closed due to criminal activity within the last ten years, whether or not any person has been convicted for criminal conduct.
Section 9. Applicability to Pending Applica tions for M assage Establishmen ts.
Notwithstanding the amendments in Sections 7 and 8 of this Ordinance, and provided that the application meets all other applicable requirements, the City may issue or allow the transfer of a business license to operate a m assage establishment to an applicant with a n applic ation pending on the date of app roval of this O rdinance if the property upon which the proposed massage establishment will operate has not had a prior revocation of a business license for a massage establishment or state massage certificate and the property has not been associated with cr iminal activity relating to massage establishment activity or been closed for cri minal activity within the last eight (8) years.
Section 10. Severability. If any sec tion, su bsection, 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 provision or appl ication, and 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 po rtion ther eof, i rrespective of t he fact that any one or more s ections, subsecti ons, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 11. Effective Date. This Ordinance shall b e in full force a nd effect thirty (30) days after its second reading and adoption.
Section 12. 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 same to be published in the Chino Champion, a new spaper of gener al circula tion, w ithin sa id Ci ty in accordance with the provisions of the Government Code.
ADOPTED THIS 18TH DAY OF OCTOBER 2022.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
ANGELA ROBLES, CITY CLERK
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Ordinance No. 2022-016
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Angela Robles, City Clerk of the C ity of Chino do he reby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 18th day of October 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
ANGELA ROBLES, CITY CLERK
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Packet Pg. 116
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: OCTOBER 18, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: SHORT TERM RENTAL HOUSING.
RECOMMENDATION
1) Conduct a public hearing; 2) approve the introduction of Ordinance No. 2022 -014 for first reading that will add Chapter 8.95 to the City of Chino Municipal Code (“CMC”) to clarify the City’s ban against short term rental housing in the City, in cluding the prohibition against advertising housing units within the City for use as short term rentals, proscribing penalties for violations of the City’s ban against short term rental housing, and amend Sections 1.15.080 and
1.15.090 of the CMC to implem ent infraction hardship waiver provisions to comply with State law, to be read by number and title only, and waive further reading of the Ordinance; and 3) adopt Resolution No. 2022-065 establishing administrative fines.
FISCAL IMPACT
There is no significant fiscal impact resulting from these changes to the CMC. There may be a negligible offset of code enforcement costs for any fines that may be imposed through the City's enforcement. Likewise, there may be a decrease in amounts paid to the City from any reduction of administrative fines for infraction violations through the enacted hardship waiver process.
The cost to enforce the amended codes and provide staff training has been included in the annual department budget for Fiscal Year 2022-2023.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further s 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
12.11 PUBLIC HEARING
Packet Pg. 117
COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: SHORT TERM RENTAL HOUSING
PAGE 2
BACKGROUND
The City has observed an increase in the number of short term rental housing units in multiple neighborhoods. The City has determined that short term rental housing in creases vehicular traffic, creates or exacerbates parking issues, creates noise and other nuisance conditions and increases calls for service from City first responders. These short term rentals, particularly in residential areas not designed to accommoda te the increases in traffic, congestion, and crime, have impacts and threaten the health, safety, and welfare of the residents who reside in the areas where these short term rental units are located.
Additionally, the use of existing housing stock for sh ort-term rentals reduces the availability of housing units for residents in the City, and exacerbates the limited availability of affordable housing options. The City already prohibits short term rental housing in residential zones. The City desires to extend the current ban against short term rental housing to all areas of the City.
On July 12 of this year, the City Council held a workshop on short term rentals and their impacts to the community, and directed staff to prepare an ordinance strengthening t he City's current prohibition.
Further, the City desires to bring the City Municipal Code into compliance with recent changes in State law, particularly with respect to Government Code section 36900 governing fines for administrative enforcement. The chan ges would streamline and bring the City Municipal Code into compliance with State law by providing a mechanism whereby infraction fine amounts imposed by the City for code violations may be reduced as a result of a proof of economic hardship and efforts to comply with the law.
ISSUES/ANALYSIS
The proposed ordinance will add Chapter 8.95 to the CMC to clarify that short term rental housing is prohibited in all areas of the City. Current CMC section 20.04.030 disallows short term rental housing only in certa in residential zones. By adding Chapter 8.95 to the CMC, the proposed ordinance provides definitions related to short term rentals; clarifies the City’s position that short term rentals are prohibited in all areas of the City as well as related advertisin g; declares short term rental housing to be a public nuisance; and proscribes penalties for violation of the prohibition, including criminal, civil, and administrative remedies. One notable provision is that short term rental is defined to include any dwe lling unit, or portion thereof, to ensure all forms of short term rental is contemplated.
The ordinance also amends sections 1.15.080 and 1.15.090 of the CMC to comply with Government Code section 36900. The amendment provides guidance for City staff and residents related to seeking a reduction in any infraction fine amount imposed for a violation of the CMC when a citee would suffer an undue financial burden from the fine and if the person has made an bona fide effort to comply with the law.
Some notable additions to these sections include:
- Newly added section 1.15.080.D provides the procedure to request an infraction fine hardship waiver and supporting documents needed to substantiate qualification for the reduction;
- Newly added section 1.15.080.E pro vides the procedure for the Deputy Director of Development Services to follow in issuing a written decision, the contents, and service requirements; and
- Amended section 1.15.090.C governs the notice given for an administrative hearing to
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SUBJECT: SHORT TERM RENTAL HOUSING
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contest an admin istrative citation, ensuring that if a timely and proper request for infraction fine hardship waiver is made, notice of the hearing is to be made after a decision on the hardship request to ensure consistency in the fine amount governing the hearing.
ADVISEMENT ON CONCURRENT RESOLUTION UPDATING FINE AMOUNTS Along with this proposed ordinance, there is also an accompanying Fine Resolution to be approved by the Council pursuant to CMC section 1.15.070A, which provides that “administrative fines shall be asses sed in amounts specified by resolution of the city council.” This Fine Resolution updates the current fine amounts to be assessed by the City to comport with the fine amounts provided by Government Code section 36900, including the new fine amounts for in fraction violations of a Short Term Rental Ordinance. Staff is only proposing to change those fine amounts that are new, or need to be reduced to be consistent with state law.
All other fine amounts, such as for fireworks, shall remain the same as they are consistent with both the Municipal Code and state law.
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ORDINANCE NO. 2022-014
AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA,
ADDING OR AMENDING PROVISIONS IN TITLES 8 AND
1 OF THE CHINO MUNICIPAL CODE TO CLARIFY THE
CITY’S PROHIBITION OF SHORT TERM RENTALS,
PROSCRIBING PENALTIES FOR VIOLATIO NS OF SAID
PROHIBITION, AND IMPL EMENTING FINE HARDSHIP
WAVIER PROVISIONS TO COMPLY WITH RECENT
STATE LAW
WHEREAS, the City of Chino (“City”) is authorized by California Constituti on, Article XI, Section 7 to make and en force within its limits all local, police, sanitary a nd other ordinances and regulations no t in confli ct with general laws and that serve and protect the health, safety, and welfare of the public; and WHEREAS, the City Council has determined that the increases in traffic, parking issues, noise, calls for ser vice to Ci ty first respo nders and general nuisanc e conditions from short term vacation rentals in the City threaten the health, safety and welfare of the public;
WHEREAS, the City Council has already prohibited short term rent als in its residential zoning districts through its Z oning Ordinanc e in Chino Municipal Code section 20.04.030; and
WHEREAS, the Ci ty Council desires to create a broader express prohibition on short term rentals throughout the Ci ty and provide penalties for violations of this prohibition to pro tect the health, safety, and welfare of the publi c and to provide transparency to the public on the City ’s prohibition on short term r entals and the City ’s code enforcement processes for violations of this prohibition; WHEREAS, recent legislative changes to Government C ode section 36900, governing fine amounts for offenses deemed infractions and related hardship waivers for certain of those fines in city ordinances, necessitate revision of the Chino Municipal Code for compliance with State law;
NOW, THEREFORE, the City Council of the City of Chino does ordain as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Chapter 8.95 is hereby added to the Chino Municipal Code to read in its entirety as follows:
Chapter 8.95 – SHORT TERM RENTALS
8.95.010 - Purpose and intent.
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2 The City Council hereby finds:
A. The City has seen the number of short term rental units used by visitors as temporary and transient housing increase in recent years.
B. The term of occupancy by most visitors to these sh ort term rental s is less than 30 days.
C. Many of these sh ort term housing units are located in established residential areas where such use of property was never contemplated nor intended.
D. Because many of these sho rt ter m rental units are located in re sidential areas, these resid ential areas see dramatic rise s in parking and traffic congestion, noise complaints, increase in calls f or service to first responders, increases in trash and debris, and general nuisance conditions.
E. These public nuisance con ditions impact and threaten the health, safety and welfare of the residents where these short term housing units are locate d by creating conditions for congestion, crime, loud noises and disturbances of the peace, and reduced property values, among other things.
F. These sh ort term re ntal units and their growth in numbers in residential communities not designed for the inc rease in conge stion and population result in a deterioration of the quality of life in those communities.
G. Residential areas within the City should be readily accessible to residents and the public at large without hindrance or obstruction caused by increases i n traffic and congestion caused by short term rental housing units.
H. The peace and tranqui lity o f residential ar eas of the City should be maintained, and residents should not have to suffer the consequences of loud visitors and the attendant nu isance conditions they bring. Residential areas of the City should be for residents.
I. This ordina nce is necessary to create an express prohibition against short term rentals throughout the City to protect the health, safety, and welfare of the public and to provide transparency to the public on the City ’s prohibition on short term r entals and the City ’s code enforcement processes for violations of this prohibition.
8.95.020 - Definitions.
The following definitions apply to this chapter:
A. “Advertise” means to pu blish, make public, make k nown, post, a nnounce, broadcast, promote, or market including on any hosting platform.
B. “Host” means to provide for or offer the use of any residential dwelling, or any portion of a residential dwelling , for any use by a third party, including but not limited to, on a hosting platform.
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3 C. “Hosting platform” means any marketplace or forum, in any fo rm or format, which supports, promote s, or f acilitates rental activity through advertisin g, match-making or any other me ans, using any medium of communication, including electronic communication.
D. “Rent” includes but is not limited to sublea se, and includes rental for any form of monetary or non -monetary considerati on, including but not limited to money, goods, or services, as well as in -kind exchanges of goods, services, or premises, including but not limited to home sharing and home exchanges.
8.95.030 - Prohibition on short term rentals.
It is unlawful for any person or entity to host, rent to any other person or entity, or advertise for any use, any residential dwelling, or any portion of a residential dwelli ng, for a period of 30 consecutive days or less. This prohibition does not apply to the rental of rooms or units in licensed and permitted hotels, motels, inns, bed and breakfasts, or boarding houses.
8.95.040 - Violations and penalties; public nuisance.
A. Any violation of this Chapter co nstitutes a misdemeanor, pun ishable pursuant to Chapter 1.12 (General Penalty), at the dis cretion of the city prosecutor, and any violation of this Chapter is subject to an administrative citation, at the discret ion of th e city, pursuant to Chapter 1.15 (Administrative Fines). When imposing administrative fines, the enforcement officer may determine in his or her discretion whether the violation would otherwise constitute a misdemeanor or infraction and may impose the corresponding fine.
B. Any violation of this Chapter constitutes a public nu isance and, as such, may be a bated or enjoined , in a ccordance with applicable law , including but not limited to , the procedures set fort h in Chapter 8.50 as reasonably applied to the enforcement of this chapter.
1. The person causing, permitting or maintaining the nuisance, as wel l as the property owner where the nuisance occurs, shall be liable for all costs to abat e such publi c nuisance as provided i n Chapter 8. 50, including but not limited to sta ff costs, administrat ive expenses, actual abatement costs, co urt costs and attorneys ' fees pursuant to Chapter
1.12.040.
C. The remedies descr ibed in this section are intended to be cumulative and not exclusive. Pursuit of any one remedy shall not preclude th e city from availing itself of any or all administrative, civil, criminal, or other remedies, at law or equity, in lieu of or in conjunction with each other.
D. Any violation of the provisions of this chapter sh all con stitute a sep arate offense for each and e very day during which such violation is caused,
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4 permitted or maintained.
SECTION 3. Chino Municipal Code Section 1.15.080 is hereby amended to read in its entirety as follows:
1.15.080 - Administrative fine – payment and hardship waiver for infraction fines.
A. A fine shall be payable to th e city and paid as indic ated on the administrat ive citation within fifteen c alendar days from the date the administrative citation is issued.
B. Payment of a fin e shall no t excuse the citee from correcting the code viol ation.
The issuance of an administrative citation and/or pay ment of a fine does not bar the city from taking any other enforcement action regarding a code violation that is not corrected.
C. In th e event th at a fi ne imposed pu rsuant to an administrative citation remains unpaid for ninety da ys after such administra tive citation is issued , the amount of such fine shall be doubled as a late penalty and become due immediately. In the event the citee r equests an administrative hearing pursuant to section 1.15 .090, the late penalt y will be assess ed if the fine remains u npaid sixty days after final decision by the hearing officer, as provided herein.
D. In the event the citee is fined for any violation of Chapter 8.95 (Sh ort Term Rentals), or is fined for a second or subsequent violation of any other provision of this code within one year of the first violation, and the violation would otherwise constitute an infraction, then the citee may submit a request for a Fine Hards hip Waiver to reduce some or all of the amount of the fin e within five days from the date the administrative citation is issued. The request shall be submitted with the City’s Director of Deve lopment Services or his or her design ee on a Fine Hardship Waiver application form available fro m the City Clerk together with all supporting docu ments demonst rating to t he satisfactio n of the Director of Development Services or his or her designee that the citee has made a bona fide effort to comply after the first v iolation and the payment of th e full amount of the fine would impose an undu e financial bu rden on the citee. Documents suitable for consi deration demonstrating the citee’s bona fide ef fort to comply may include, without limitation, a declaration attesting to the compliance efforts made, photographs of the effo rts at testing to the compliance eff orts made, copies of receipts, contracts, work orders, o r other documentation reflecting compl iance efforts made. Documents suitable fo r consideration demonstrating the citee’s undue financial burden if required to pay t he fine may include, without limitation, a declaration att esting to the undue fina ncial bur den and reasons therefor, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year , financial statemen ts, loan applications, bank account records, and income and expense records for 12 months preceding submittal of the Fine Hardship Waiver application. The documents may and should be submitted with redactio ns for private information, such as social
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5 security nu mber in formation and accoun t numbers. After a determination is made on the citee’s Fine Hardship Waiver application, the Cit y will dest roy the documents submitted by a person for a Fine Hardship Waiver without prior notice to the person.
E. The Director of Development Services or his or her designee shall issue a written decision specifying the reasons for not granting the Fine Hardship Waiver, or if the Fine Ha rdship Waiver is granted, the reasons for granting the Fine Hardship Waiver with an explana tion of the r educed amoun t of the fin e imposed. The decision shall be served upon the citee pursuant to section 1.15.060 or via email if the cite consents in writin g to email service. The decision shall be deemed served on the date o f personally servi ng, mailing, posting, or ema iling as the case may be . The citee shall remit any fine amou nt owing within ten days of service of the written decision.
F. The citee’s failure to file a completed Fine Hardship Wa iver application form with supporting documents w ithin five days after service of the administra tive citation shall constitute a waiver of the right to receive a Fine Hardship Waiver.
G. Should the citee be granted a Fine Har dship Waiver, the amount in the written decision shall be c ontrolling for purpos es of the deposit required for a n administrative hearing pursuant to section 1.15.090.
SECTION 4. Chino Municipal Code Section 1.15.090, subdivision C, is hereby amended to read in its entirety as follows:
C. In the event the citee file s a timely and com plete request form and pays the required deposit, the d irector or designee shall advise th e citee i n a notice by mail, no later th an five days after receiving the ci tee's request, of the date, time, and loca tion set for the hearing. However, in the event t hat t he cite submits a timely and proper Fine Hardsh ip Waiver application as provided in se ction
1.15.080, the director or designee shall ad vise the citee in a notic e by mail, no later than five days after the decision on the Fin e Hardship Waiver, of the d ate, time, and location set for the hearing. The hearing shall be set on a date no less than ten days and no more than forty-five days after the date of the notice unless otherwise agreed upon by the city and the citee.
SECTION 5. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of co mpetent jurisdiction, such decision shall not affect the validity of the rema ining portions of this Ordinance. The C ity Council hereby declares t hat it would ha ve adopted this Ordin ance, and each section, subsection, sub division, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, s ubsections, su bdivisions, sentences, cla uses, phrases or portions mig ht subsequently be declared invalid or unconstitutional.
SECTION 6. CEQA. The City Council finds that this ordinance is not s ubject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the
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6 activity will not result in a direct or reaso nably foreseeable ind irect physical change in the environmen t) and 15060(c)(3) (the activity is not a project as defined in Section 15378) o f the C EQA Guidelines, Californi a Code of Regu lations, Tit le 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 7. Effective Date. This Ordinance sha ll be posted or publi shed as required by law and shall take effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED this 1ST day of November 2022.
_____________________________
EUNICE ULLOA
MAYOR
ATTEST:
_____________________________
ANGELA ROBLES
CITY CLERK
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ORDINANCE NO. 2022-014
7 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, Angela Robles , City Clerk of the City of Chino , do herby certify that the foregoing Ordinance was duly adopted by the City Council at a regular meeting held on the 1st day of November, 2022, by the following votes:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City on this ____ day of _________ 2022.
_____________________________
ANGELA ROBLES
CITY CLERK
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RESOLUTION NO. 2022-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO
ESTABLISHING ADMINISTRATIVE FINES FOR VIOLATIONS OF THE
CHINO MUNICIPAL CODE
WHEREAS, pursuant to authority provided by California Government Code Section 53069.4, the City Council has adopted Chapter 1.15 of the Chino Municipal Code, declaring any violation of the Chino Municipal Code subject to an administrative citation and fine; WHEREAS, California Government Code Sections 53069.4, 36900 and 36901 establish limits on the amount of administrative fines which can be levied for such violations; and
WHEREAS, the City desires to set fine amounts within the limits of State law, balancing the need to incentivize compliance with impacts on those cited.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Administrative fines for violations of the Chino Municipal Code shall be as follows:
For violations that would otherwise constitute Misdemeanors:
First violation $250.00
Second violation of the same
ordinance within one year
$500.00
Each additional violation of the
same ordinance within one year
$1000.00
For violations that would otherwise constitute Infractions and when no other Infraction fines below apply:
First violation $100.00
Second violation of the same ordinance
within one year
$200.00
Each addition violation of the same
ordinance within one year
$500.00
For violations of Chapter 8.95 Regarding Short Term Rentals that would otherwise constitute Infractions:
First violation $1500.00
Second violation of the same
ordinance within one year
$3000.00
Each additional violation of the
same ordinance within one year
$5000.00
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For violations of Title 15 that would otherwise constitute Infractions:
First violation $130.00
Second violation of the same
ordinance within one year
$700.00
Each additional violation of the
same ordinance within one year
$1300.00
Each additional violation of the
same ordinance within two years of
the first violation if (1) the property is
a commercial property that has an
existing building at the time of the
violation and (2) the violation is due
to failure by the owner to remove
visible refuse or failure to prohibit
unauthorized use of the property
$2500.00
For violations of Chapter 8.12 Regarding Fireworks that would otherwise constitute Misdemeanors:
Illegal Fireworks. First, second and
subsequent violations of the same
ordinance within one year
$1000.00
Illegal use of "Safe and Sane" Fireworks. $500.00
First, second and subsequent violations of
the same ordinance within one year
Section 2. All previous resolutions establishing administrative fines for violations of the Chino Municipal Code are repealed and replaced with this Resolution.
Section 3. This Resolution shall become effective upon adoption.
APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER, 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
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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 at a regular meeting held on the 18th day of October 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
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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: OCTOBER 18, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2022 -015 AMENDING TITLE 15 OF THE CHINO MUNICIPAL CODE.
RECOMMENDATION
Conduct a public hearing, and approve the introduction of Ordinance No. 2022 -015, to be read by number and title only, and waive further reading of the Ordinance.
FISCAL IMPACT
The cost t o enforce the updated codes and provide staff training has been included in the annual Building Division budget for Fiscal Year 2022 -2023. No other fiscal impacts are anticipated.
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:
· Responsible Long-Range Planning
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COUNCIL MEETING DATE: OCTOBER 18, 2022
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2022-015 AMENDING TITLE 15 OF THE
CHINO MUNICIPAL CODE
PAGE 2
BACKGROUND
Approximately every three years, the International Code Council, the California Building Standards Commission, and other national professional originations update the building codes in consideration of new legislation, technology, material s, and procedures. These updated codes are approved and published by the State Building Standards Commission. By law, all California cities and counties must adopt and enforce the updated building codes.
ISSUES/ANALYSIS
The Building Standards Commission recently adopted the 2022 Edition of the California Building Standards Code, which is also known as the California Code of Regulations, Title 24 (CCR, T - 24). The 2022 California Codes include the California Building Code; the California Residential Code; the California Plumbing Code; the California Mechanical Code; the California Electrical Code; the California Green Building Standards Code; Building Energy Efficiency Standards and the California Fire Code. The City of Chino, along with every other city and county in the state, must adopt the new codes with an effective date of January 1, 2023.
The 2022 California Codes are based on the International Building and Fire Codes, 2021 Editions, published by the International Code Council (ICC); the Uniform Plumbin g and Mechanical Codes, 2021 Editions, published by the International Association of Plumbing and Mechanical Officials (IAPMO); and the National Electrical Code, 2021 Edition, published by the National Fire Protection Association (NFPA).
Over the years, th e City has exercised responsible long -range planning by adopting amendments to the building codes based on local climatic, geological, and topographical conditions and during this code adoption, there have been no new proposed amendments from previous years. All applicable amendments are carried over into the new codes, and current building fees will not change with this ordinance.
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ORDINANCE NO. 2022-015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING TITLE 15 OF THE CHINO MUNICIPAL
CODE (BUILDINGS AND CONSTRUCTION), ADOPTING THE CALIFORINA CODE OF REGULATIONS TITLE 24 , INCLUDING THE 2022 EDITION OF THE
CALIFORNIA BUILDING CODE , CALIFORNIA RESIDENTIAL CODE,
CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE,
CALIFORNIA MECHANICAL CODE, CALIFORNIA FIRE CODE, CALIFORNIA
ENERGY CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE,
CALIFORNIA EXISITNG BUILDING CODE, CALIFORNIA HISTORCIAL BUILDING CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE.
WHEREAS, the City reviews and updates the provisions of Title 15, Buildings and Construction, from time to time to ensure that the regulations therein are consistent with current standards and suited to current conditions and circumstances in the City of Chino.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HEREBY DOES ORDAIN AS FOLLOWS:
Section 1: Title 15 of the Chino Municipal Code is hereby repealed in its entirety and replaced with the following amended provisions to read as follows:
TITLE 15 – BUILDINGS AND CONSTRUCTION
Chapter 15.01 - FINDINGS
Sections:
15.01.010 - Findings.
15.01.010 - Findings.
The city council finds that the requirements set forth in this title are reasonable and necessary modifications because of climatic, geological, and topographical conditions within the Cit y of Chino.
The "findings of need" contained herein address each of these conditions and present the local situations which cause the established amendments to be adopted.
A. The community experiences frequent low humidity, summer temperatures exceeding one hundred degrees Fahrenheit, and severe Santa Ana winds reaching gusts of ninety miles per hour. Adverse climatic conditions increase the likelihood of fire. Minor fires can rapidly spread because of the climate and vegetation.
B. The community periodi cally experiences drought and a resultant limited water supply.
The limited rainfall and storage capacities, and continued consumption demands require sound management of water resources and conservation where possible. There is a need for changes and modi fications in the California Building and California Plumbing
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Code, which w ill contribute to water conservation and water for suppression of large fires.
C. The community is located in an area of continuing seismic activity. Exist ing and planned development is at risk from damage and fire because of this activity.
D. The config uration and type of existing development require additional review. Wood construction, including wood shingle and wood shake roofing, presents extreme adverse fire conditions as does the close proximity of some buildings.
E. There are a number of signific ant barriers and obstructions to quick emergency response. These include: increased vehicular traffic on surface streets; additional traffic signals; freeway, expressways, and storm drain channels which bisect the city; and the California Institution for M en. Existing older streets were in some cases designed as storm drains and become impassable during heavy rainfall.
F. The community is located in an air quality nonattainment region. Research conducted by the South Coast Air Quality Management District a nd reflected in the 2016 Air Quality Management Plan, describes emissions and pollutants caused by incomplete combustion of wood burning devices, such as fireplaces. Emissions and po llutants may be greatly reduced with the use of gas -fired type fireplaces. Clean air vehicles, such as CNG (compressed natural gas) automobiles, also reduce emissions and pollutants.
Installation of a gas line within a private garage to provide for future CNG vehicles will allow for these types of reductions.
G. According to th e California Department of Developmental Services, drowning is the number one cause of accidental death for children under the age of five in California .
Each year, near -drowning inc idents result in life -long disabilities. Between 20 10 and 2019, there was an average of 3,957drownings annually in the United States. Well - designed pool barriers can reduce accidental drowning deaths and injuries.
Chapter 15.02 - ADMINISTRATIVE CODE
Sections:
15.02.010 - Adopted.
15.02.020 - Additions, deletions and amendments.
15.02.030 - Building Code—Incorporated.
15.02.040 - Permit fees.
15.02.010 - Adopted.
There is hereby adopted by reference the Uniform Administrative Code, 1997 Edition. That certain document, three copies of which are on file with the city of Chino, being marked and designated as the Uniform Administrative Code, 1997 Edition, is adopted as the Uniform Code of Administration of the various other building and structural codes adopted in this chapter. This code will replace the administrative and enforcement provisions of the other codes. Each and all regulations in the code are referred to, adopted, and made a part thereof as though fully set out in this section, excepting such portions as are deleted, modified or amended by this chapter.
15.02.020 - Additions, deletions and amendments.
The Uniform Administrative Code, adopted by Section 15.02.010, is amended as set out in this chapter.
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15.02.030 - Building Code—Incorporated.
Amendments to the 2022 California Building Code, as detailed in Chapter 15.04 of this title, are referenced and incorporated into the corresponding sections of the 1997 Uniform Administrative Code.
15.02.040 - Permit fees.
All permit fees shall be evaluated every three years and be set by resolution of the city council.
Chapter 15.04 - BUILDING CODE
Sections:
15.04.010 - Adopted.
15.04.020 - Additions, deletions and amendments.
15.04.030 - Section 501.2 amended—Address identification.
15.04.040 - Section 705.8.7 added—Industrial building doorways.
15.04.050 - Section 903.2 amended—Automatic sprinkler systems.
15.04.059 - Section 3109.2 amended—Definition of swimming pool.
15.04.060 - Section 3109.2.1 added—Applicability to residential settings.
15.04.061 - Section 3109.3 added—Residential swimming pools.
15.04.062 - Section 3109.3.1 added—Barrier height and clearances.
15.04.063 - Section 3109.3.2 added—Indoor swimming pools.
15.04.180 - Chapter 1, Division II, Section 105.2 amended—Work exempt from permit.
15.04.181 - Chapter 1, Division II, Section 109.1 amended—Payment of fees.
15.04.182 - Chapter 1, Division II, Section 109.2.1 added—Permit fees.
15.04.183 - Chapter 1, Division II, Section 109.2.2 added—Plan review fee.
15.04.184 - Chapter 1, Division II, Section 109.2.3 added—Inspection fee.
15.04.185 - Chapter 1 , Division II, Section 109.4.1 add ed—Work commencing before permit issuance penalty.
15.04.186 - Chapter 1, Division II, Section 109.6 amended—Refunds.
15.04.191 - Appendix J—Definition of Building Official.
15.04.192 - Section J103.1 amended—Permits required.
15.04.010 - Adopted.
There is adopted by re ference the 20 22 California Building Code, incorporating the 20 21 International Building Code, Volumes I, II, including Chapter 1, Division II, and appendices C, I, and J. That certain document, three copies of which are on file with the city of Chino, being marked and designated as California Building Code, 2022 Edition, Volumes I, II as copyrighted 20 22 by the International Code Council, is adopted as the Building Code of the City of Chino, for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the city of Chino, providing for the issuance of permits therefor; and each and all such regulations are referred to, adopted and made part hereof as though fully set out in this section, excepting such portions as are hereinafter deleted, modified, or amended by this chapter.
15.04.020 - Additions, deletions and amendments.
The California Building Code, adopted by Section 15.04.010, is amended as set out in this chapter.
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15.04.030 - Section 502.1 amended—Address identification.
Section 502.1 of the California Building Code is amended to read as follows:
502.1 Address identification. Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be numerals or alphabetical letters. Numbering for one and two -family residential dwellings shall be four inches (102 mm) high with a minimum stroke width of one -half inch (12.7 mm). Numbering for buildings othe r than one and two -family residential dwellings shall be a minimum of eight inches (203 mm) high with a minimum stroke width of one inch (25.4 mm).
Address identification shall be maintained.
15.04.040 - Section 705.8.7 added—Industrial building doorways.
Section 705.8.7 is added to the California Building Code and shall read as follows:
705.8.7 Industrial building doorways. When adjoining industrial properties are owned by the same person or entity, the fire-resistive exterior walls of an existing industrial building located within the ten feet of the common property line may contain a doorway provided that the following conditions must be met:
a. The doorway would be permitted if the common property line did not exist. b. The plans for the constructi on of the doorway must be approved and a building permit issued by the building official who is authorized to require reasonable fire p rotection measures as a condition of the issuance of the building permit. c. Prior to the issuance of a building permit, the owner must record a covenant as to each property that, upon the sale of the property, the fire-resistive exterior wall shall be restored to meet the requirements of this section for each property qualifying for such doorway.
15.04.050 - Section 903.2 amended—Automatic sprinkler systems.
Section 903.2 of the California Building Code is amended by adding the following three paragraphs:
In addition to the requirements of Section 903, fire sprinklers are required for the constru ction of buildings five thousand square feet or more, regardless of fire walls, except for Group R -3 (one- and two-family dwelling) and Group U accessory to Group R-3 occupancies.
Fire Sprinklers are required when additions exceed five thousand square fee t. When the addition is less than fifty percent of the original building square footage, the addition shall be equipped with a sprinkler system. When the addition is fifty percent or greater than the original building square footage, the entire structure shall be equipped with a sprinkler system.
Alternate automatic fire extinguishing systems complying with sections 904 of the California Building Code may be permitted in lieu of automatic sprinkler protection where recognized and approved by the Building Official and the Fire Marshall.
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15.04.059 - Section 3109.2 amended—Definition of swimming pool.
The definition of "swimming pool" in Section 3109.2 of the California Building Code is amended to read as follows:
"Swimming pool" Any structure intended for swimming, recreational ba thing, wading, or other purposes, that contains water over eighteen inches (457 mm) deep. This includes in -ground, above-ground and on -ground pools; hot tubs; spas, fixed -in-place wading pools, wat er fountains, or any other constructed water feature.
15.04.060 - Section 3109.2.1 added—Applicability to residential settings.
Section 3109.2.1 is added to the California Building Code and shall read as follows:
3109.2.1 Applicability to residential settings. Notwithstanding anything to the contrary in this code, the provisions of Chapter 31 this code shall apply to all residenti al single-family homes.
15.04.061 - Section 3109.3 added—Residential swimming pools.
Section 3109.3 is added to the California Building Code and shall read as follows:
3109.3 Residen tial swimming pools. The provisions o f this section apply to the design and construction of barriers for swimming pools located on the premises of Group R, 3 occupancy and shall comply with Sections 3109.3.1 through 3109.3.3.
15.04.062 - Section 3109.3.1 added—Barrier height and clearances.
Section 3109.3.1 is added to the California Building Code and shall read as follows:
3109.3.1 Barrier height and clearances. An outdoor swimming pool shall be provided with a barrier that shall be installed, inspecte d, and approved prior to plastering or filling the pool with water. The top of the barrier shall be at least sixty inches (1,524 mm) above grade, measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four inches (102 mm) when gra de is a solid surface such as a concrete deck, or when the barrier is mounted on the top of the aboveground pool structure. When barriers have horizontal members spaced less than forty-five inches (1,143 mm) apart, the horizontal members shall be placed on the pool side of the barrier.
Any decorative design work on the side away from the swimming pool such as protrusions, indentations or cutouts, which renders the barrier easily climbable, is prohibited. 3109.3.1.1 Openings. Openings in the barrier shall n ot allow passage of a four -inch (102 mm) diameter sphere.
EXCEPTIONS:
a. When vertical spacing between such openings is forty -five inches (1,143 mm) or more, the opening size may be increased such that the passage of a four -inch (102 mm) diameter sphere is not allowed.
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b. For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four inches (102 mm) when the distance between the top and bottom of horizontal members is forty-five inches (1,143 mm) or more. 3109.3.1.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 3109.3.1.3 Chain link fences. Chain link fences used as the barrier shall not be less than eleven gauge, with an approved filler material interwoven between openings that provide a smooth surface free of foot and hand holds.
3109.3.1.4 Access gates. Access gates shall comply with the requirements of 3109.3 .1 through 3109.3.1.3 and in no case shall any gate have a width greater than four feet (1,290 mm). Any access gate through the barrier must swing away from the pool or spa. Pedestrian access gates shall be self-closing and have a self -latching device. Where the release mechanism of the self - latching device is located less than fifty -seven inches (1,448 mm) from the bottom of the gate, (1) the release mechanism shall be located on the pool side of the barr ier at least three inches (76 mm) below the top of t he gate, and (2) the gate and barrier shall have no opening greater than one half inch (12.7 mm) within eighteen inches (457 mm) of the release mechanism. Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use.
3109.3.1.5 Dwelling wall as a barrier. Where a wall of a Group R, Division 3 Occupancy dwelling unit serves as part of the barrier and contains door ope nings between the dwelling unit and the outdoor swimming pool that provides direct access to the pool, a separation fence meeting the requirements of Section 3109.3.1 shall be provided.
EXCEPTIONS: When approved by the Building Official, two of the following may be used. a. An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.
b. Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. c. An approved safety pool cover, as defined in subdivision (d) of Section 115921. d. Exit alarms on the private single -family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.” e. A self-closing, self-latching device with a rel ease mechanism placed no lower than 54 inches above the floor on the private single -family home’s doors providing direct access to the swimming pool or spa.
f. An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm sha ll meet and be independently certified to the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser and infrared type alarm s. A swimming protection alarm feature designed for individual use,
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including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
g. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features estab lished by the ASTM or the American Society of Mechanical Engineers (ASME). 3109.3.1.6 Pool structure as a barrier. Where an above ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of acc ess is a ladder or steps, the (1) the ladder or steps shall be capable of being secured, locked or removed to prevent access or (2) the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.3.1 through 3109.3.1.4. Wh en ladder or steps are secured, locked or removed, an y opening created shall not allow the passage of a four -inch- diameter (102 mm) sphere.
15.04.063 - Section 3109.3.2 added—Indoor swimming pools.
Section 3109.3.2 is added to the California Building Code and shall read as follows:
3109.3.2 Indoor swimmi ng pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.3.1.5.
15.04.180 - Chapter 1, Division II, Section 105.2 amended—Work exempt from permit.
Section 105.2 of Division II of Chapter 1 of the California Bui lding Code is amended to read as follows:
105.2 Work exempt from permit. A building permit will not be required for the following:
1. One story detached accessory structures used as tool and storage sheds, gazebos, playhouses, temporary tents, and simil ar uses, provided the floor area does not exceed one hundred twenty square feet and has all the required yards.
2. Oil derricks.
3. Nonfixed and moveable fixtures, cases, racks, counters, and partitions not over five feet, nine inches in height.
4. Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons.
5. Platforms, decks, walks, and driveways not more than thirty inches above grade and not over any basement or story below and are not part of an accessible route.
6. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
7. Temporary motion picture, television, and theater stage sets and scenery.
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8. Window awnings supported by an exterior wall that do not project more than 54 in ches from the exterior wall and do not require additional support of Group R -3 and U occupancies.
9. Prefabricated swimming pool s accessory to a Group R, Division 3 Occupancy that are less than eighteen inches deep, do not exceed five thousand gallons, an d are installed entirely above the ground.
10. Block walls and fences less than three feet in height.
11. Retaining walls under eighteen inches in height.
12. Swings and other playground equipment accessory to detached one - and two -family dwellings.
13. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
14. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.
Unless otherwise exempted by this code, separate plumbing, electrical, and mechanical permits will be required for the above exempted items. Exemp tion from the permit requirements of this code shall not be deemed to grant authorization for any work to be in violation of any other laws or ordinances of this jurisdiction.
15.04.181 - Chapter 1, Division II, Section 109.1 amended—Payment of fees.
Section 109.1 of Division II of Chapter 1 of the California Building Code is amended to read as follows:
109.1 Payment of fees. The application plans , and specifications and other data filed by an applicant for a permit shall be reviewed by the Building Official. Such plans shall be reviewed by other departments of the city to verify compliance with any applicable laws or ordinances under their jurisdi ction. If the Building Official finds that the work described in an applica tion for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code, and other pertinent laws and ordinances, and that the fees s pecified in Section 109.2.1 and the fees required by other departments of t he city have been paid, he shall issue a permit therefor to the applicant.
15.04.182 - Chapter 1, Division II, Section 109.2.1 added—Permit fees.
Section 109.2.1 is added to Divi sion II of Chapter 1 of the California Building Code and shall read as follows:
109.2.1 Permit fees. A fee for each building permit shall be paid to the Building Official as set forth in a resolution adopted by the city council.
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15.04.183 - Chapter 1, Division II, Section 109.2.2 added—Plan review fee.
Section 109.2.2 is added to Division II of Chapter 1 of the California Building Code and shall read as follows:
109.2.2 Plan review fee. When a plan or other data is required to be submitted by Section 1 07, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be at an amount set by resolution of the city council.
15.04.184 - Chapter 1, Division II, Section 109.2.3 added—Inspection fee.
Section 109.2.3 is added to Division II of Chapter 1 of the California Building Code and shall read as follows:
109.2.3 Inspection fee. That in lieu of the permit fees otherwise provided for in this section, the fee for the i nspection of a structure to be moved into t he City shall be paid as set by resolution of the city council.
15.04.185 - Chapter 1, Division II, Section 109.4.1 added —Work commencing before permit issuance penalty.
Section 109.4.1 is added to Division II of Chapter 1 of the Californ ia Building Code and shall read as follows:
109.4.1 Work commencing before permit issuance penalty. When the building official has determined that work which requires a permit by this code has commen ced prior to permit issuance, a penalty equal to double the cost of the permit, may be charged.
15.04.186 - Chapter 1, Division II, Section 109.6 amended—Refunds.
Section 109.6 of Division II of Chapter 1 of the California Bu ilding Code is amended to read as follows:
109.6 Refunds. The Building Official may authorize refunding of any fee paid hereunder in accordance with the department policies and procedures.
15.04.191 - Appendix J—Definition of Building Official.
Throughout Appendix J of the California Building Code where the word "Building Official" appears it shall be amended to read "City Engineer.”
15.04.192 - Section J103.1 amended—Permits required.
Section J103.1 of the California Building Code is amended to read as follows:
Except as exempted in Section J103.2, no grading shall be performed witho ut first having obtained a permit ther eof from the City Engineer. A grading permit does not include the construction of retaining walls or other structures.
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A fee for each grading permit shall be paid as set forth in the City of Chino's Comprehensive Fee Schedule. Separate permits and fees sh all apply to retaining walls or major drainage structures as required elsew here in this code. There shall be no separate charge for standard terrace drains and similar facilities. The fee for a grading permit authorizi ng additional work to that under a valid permit shall be the difference between the fee paid for the original per mit and the fee shown for the entire project.
When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in the City of Chino's Comprehensive Fee Schedule. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code.
For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater.
Chapter 15.06 - RESIDENTIAL CODE
Sections:
15.06.010 - Adopted.
15.06.020 - Additions, deletions and amendments.
15.06.030 - Chapter 1, Division II, Section R105.2 amended—Work exempt from permit.
15.06.031 - Chapter 1, Division II, Section R105.3.1.1 deleted.
15.06.032 - Chapter 1, Division II, Section R108.1 amended—Payment of fees.
15.06.033 - Chapter 1, Division II, Section R108.2.1 added—Permit fees.
15.06.034 - Chapter 1, Division II, Section R108.2.2 added—Plan review fees.
15.06.035 - Chapter 1, Division II, Section R108.2.3 added—Inspection fee.
15.06.036 - Chapter 1, Division II, Section R108.5 amended—Refunds.
15.06.100 - Section R301.1.3.2 amended—Wood frame structures greater than two stories.
15.06.101 - Table R301.2(1) amended—Climatic and Geographic Design Criteria.
15.06.010 - Adopted.
There is adopted by reference the 2 022 California Resid ential Code, incorporating the 20 21 International Residential Code, including Chapter 1, Division II, and Appendix V. That certain document, three copies of which are on file with the city of Chino, being marked and designated as California Residential Cod e, 2022 Edition, as copyrighted 20 22 by the International Code Council, is adopted as the Residential Code of the city of Chino, for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, equipment, use, height, area, and maintenan ce of all buildings and structures in the city of Chino, providing for the issuance of permits therefor; and each and all such regulations are referred to, adopted, and made part hereof as though fully set out in this section, excepting such portions as are hereinafter deleted, modified, or amended by this chapter.
15.06.020 - Additions, deletions and amendments.
The California Residential Code, adopted by Section 15.06.010, is amended as set out in this chapter.
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15.06.030 - Chapter 1, Division II, Section R105.2 amended—Work exempt from permit.
Section R105.2 of the California Residential Code is amended to read as follows:
R105.2 Work exempt from permit. A building permit will not be required for the following:
1. One story detached accessory structures used as tool and storage sheds, gazebos, playhouses, temporary tents, and similar uses, provided the floor area does not exceed one hundred twenty square feet and has all the required yards.
2. Oil derricks.
3. Nonfixed and moveable fixtures, cases, racks, counters, and partitions not over five feet, nine inches in height.
4. Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons.
5. Platforms, decks, walks, and driveways not more than thirty inches above grade and not over any basement or story below.
6. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
7. Temporary motion picture, television, and theater stage sets and scenery.
8. Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support of Group R -3 and U occupancies.
9. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy th at are less than eighteen inches deep, do not exceed five thousand gallons, and are installed entirely above the ground.
10. Block walls and fences less than three feet in height.
11. Retaining walls under eighteen inches in height.
12. Swings and other playground equipment accessory to detached one - and two -family dwellings.
13. Sidewalks and driveways.
14. Decks not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4
Unless otherwise exempted by this code, separate plumbing, electrical, and mechanical permits will be required for the above exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be in violation of any other laws or ordinances of this jurisdiction.
15.06.031 - Chapter 1, Division II, Section R105.3.1.1 deleted.
Chapter 1, Division II, Section R105.3.1.1 of the California Residential Code is deleted.
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15.06.032 - Chapter 1, Division II, Section R108.1 amended—Payment of fees.
Section R108.1 of the California Residential Code is amended to read as follows:
R108.1. Payment of fees. The application plans, and specifications and other data filed by an applicant for a permit shall be reviewed by the Building Official. Such plans shall be reviewed by other departments of the City to verify compliance with any applicable laws or ordinances under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code, and other pertinent laws and ordinances, and that the fees specified in Section 108.2.1 and the fees required by other departments of the City have been paid, he shall issue a permit therefor to the applicant.
15.06.033 - Chapter 1, Division II, Section R108.2.1 added—Permit fees.
Section R108.2.1 is added to the California Residential Code and shall read as follows:
R108.2.1 Permit fees. A fee for each building permit shall be paid to the Building Official as set forth by resolution of the city council.
15.06.034 - Chapter 1, Division II, Section R108.2.2 added—Plan review fees.
Section R108.2.2 is added to the California Residential Code and shall read as follows:
R108.2.2 Plan review fee. When a plan or other data is required to be submitted by Section 106 a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plans review fee shall be set by resolution of the city council.
15.06.035 - Chapter 1, Division II, Section R108.2.3 added—Inspection fee.
Section R108.2.3 is added to the California Residential Code and shall read as follows:
R108.2.3 Inspection fee. That in lieu of the permit fees otherwise provided for in this section, the fee for the inspection of a structure to be moved into the City shall be paid as set by resolution of the city council.
15.06.036 - Chapter 1, Division II, Section R108.5 amended—Refunds.
Section R108.5 of the California Residential Code is amended to read as follows:
R108.5 Refunds. The building official may authorize refunding of any fee paid hereunder in accordance with the department policies and procedures.
15.06.100 - Section R301.1.3.2 amended —Wood frame structures greater than two stories.
Section R301.1.3.2 of the California Residential Code is amended to read as follows:
R301.1.3.2 Wood frame structures greater than two stories. The building official s hall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories in height located in
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Seismic Design Category A, B, or C. Notwithstanding other sections, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.
The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for al l dwellings of wood frame construction more than one story in height located in Seismic Design Category D 0 , D 1 , D 2 , or E.
15.06.101 - Table R301.2(1) Amended—Climatic and Geographic Design Criteria.
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD
WIND DESIGN
SEISMIC
DESIGN
CATEGORY f
SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMP e
ICE
BARRIER
UNDER-
LAY-
MENT
REQUIRED h
FLOOD
HAZARDS g
AIR
FREEZING
INDEX i
MEAN
ANNUAL
TEMP j Speed d
(mph)
Topo-
graphic
effects k
Weathering a Frost line
Depth b Termite c
Zero 110 No D 2 or E Negligible 12-24" Very
Heavy 43 No See
footnote g 0 60
Footnotes: For S1: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weatheri ng index (i.e., "negligible," "moderate" or "severe") for concret e as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the ta ble to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2(4)]. Win d exposure category shall be determined on a site - specific basis in accordance with Section R301.2.1.4.
e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (d ate of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance
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Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. (a) Chino became a "Community" p er the National Flood Insurance Program (NFIP) on June 30, 1976 .....Community No. is 060272A/060272.
(b) The latest Flood Insurance Study (FIS) report and Flood Insurance Rate Map (FIRM) is August 28, 2008.
(c) Plan Numbers of applicable FIRMs for our community are: 06071C: 8615H, 8616H, 8620H, 9330H, 9335H, 9345H, and 9375H.
h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, wh ere there has been a history of local damage from the effects of ice dam ming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100 -year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index - USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.html.
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index -USA M ethod (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
k. In accordance with Section R30 1.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed -up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall in dicate "NO" in this part of the table.
Chapter 15.08 - MECHANICAL CODE
Sections:
15.08.010 – Adopted.
15.08.020 – Chapter 1, Division II, Section 104.5 amended—Permit Fees.
15.08.010 - Adopted.
There is adopted by reference the 20 22 California Mechanica l Code incorporating the 20 21 Uniform Mechanical Code, including Chapter 1, Division II. That certain document, three copies of which are on file with the city of Chino, being designated and mark ed as the California Mechanical Code, 2022 Edition, copyrighted 2021 by the International Association of Plumbing and Mechanical Officials is adopted for regulati ng the installation, maintenance, and repair of heating and cooling within the city of Chino a nd prescribing standards of inspection therefor, and each and all such regulations are ref erred to, adopted and made a part hereof, as though fully set out in this chapter.
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15.08.020 - Chapter 1, Division II, Section 104.5 amended—Permit Fees.
Chapter 1, Division II, Section 104.5 of the California Mechanical Code is amended to read as follows:
104.5 Fees. Fees shall be assessed in accordance with the provision s of this section and as designated in the fee schedule adopted by resolution of the city council.
Chapter 15.12 - INTERNATIONAL PROPERTY MAINTENANCE CODE Sections:
15.12.010 - Adopted.
15.12.020 - Additions, deletions and amendments.
15.12.030 - Section 101.1 amended—Title.
15.12.050 - Section 103.3 amended—Fees.
15.12.051 - Section 112.4 amended—Failure to comply.
15.12.052 - Section 303 deleted—Swimming pools, spas and hot tubs.
15.12.060 - Reserved.
15.12.062 - Section 304.14 amended—Insect screens.
15.12.064 - Section 602.3 amended—Heat supply.
15.12.066 - Section 602.4 deleted—Occupiable work spaces.
15.12.010 - Adopted.
There is hereby adopted by r eference the International Proper ty Maintenance Code, 20 21 Edition. That certain document, three copies of which are on file with the city of Chino, being marked and designated as the International Property Maintenance Code, 20 21 Edition, sponsored by the International Code Council, is ad opted as the In ternational Property Maintenance Code of minimum requirements of residential buildings and pro viding for enforcement thereof and penalties for violations of such code, and each and all the regulations, provisions, penalties, conditions and t erms of such In ternational Property Maintenance Code, 2021 Edition, are referred to, adopted and made a part hereof as though f ully set forth in this chapter.
15.12.020 - Additions, deletions and amendments.
The International Property Maintenance Code adopted by Section 15.12.010, is amended as set out in this chapter.
15.12.030 - Section 101.1 amended—Title.
Section 101.1 of the International Property Maintenance Code is amended as follows:
101.1 Title. These regulat ions shall be known as the Intern ational Property Maintenance Code of the city of Chino, herein referred to as "this code."
15.12.050 - Section 103.3 amended—Fees.
Section 103.5 of the International Property Maintenance Code is amended as follows:
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103.5 Fees. The fees for activities a nd services performed by the City of Chino in carrying out its responsibilities under this code shall be indi cated in the most current adopted User Fee Schedule.
15.12.051 - Section 110.4 amended—Failure to comply.
Section 110.4of the International Property Maintenance Code is amended as follows:
110.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to administrative citations as set forth in section 1.15 of the Chino Municipal Code, or any successor ordinance.
15.12.052 - Section 303 deleted—Swimming pools, spas and hot tubs.
Section 303 of the International Property Maintenance Code is deleted.
15.12.060 - Reserved.
15.12.062 - Section 304.14 amended—insect screens.
Section 304.14 of the International Property Maintenance Code is amended to read as follows:
304.14 Insect screens. At all times , every door, window and other o utside opening required for ventilation of habitable rooms, food preparation areas, or any areas where product s to be included or utilized in food for human cons umption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum sixteen mesh per inch and every screen door used for insect control shall have a s elf-closing device in good working condition.
15.12.064 - Section 602.3 amended—Heat supply.
Section 602.3 of the International Property Maintenance Code is amended to read as follows:
602.3 Heat supply. Every owner and operator of any building who occ upies, rents, leases, or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants at all times to maintain a minimum temperature of sixty-eight degrees F in all habitable rooms, bathrooms and toilet rooms.
15.12.066 - Section 602.4 deleted—Occupiable work spaces.
Section 602.4 of the International Property Maintenance Code is deleted.
Chapter 15.16 - ABATEMENT OF DANGEROUS BUILDINGS
Sections:
15.16.010 - Adopted.
15.16.011 - Section 202.1 added—Immediate hazardous condition.
15.16.020 - Section 801.1 amended—Procedure.
15.16.030 - Section 801.2 amended—Costs.
15.16.040 - Sections 802.1 and 802.2 deleted.
15.16.050 - Section 901 amended—Expense account for repair or demolition.
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15.16.010 - Adopted.
There is hereby adopted by refere nce the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition. That certain document, three copies of which are on file with the city of Chino, is d esignated and marked as the Uniform Code for the Abatement of Dangerous Buildings, whereby bui ldings and structures th at endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished.
15.16.011 - Section 202.1 added—Immediate hazardous condition.
Section 202.1 is added to the Uniform Code for the Abatement of Dangerous Buildings and shall read as follows:
202.1 Immediate Hazardous Condition. Whenever the Building Official determines by inspection that a structure constitutes an immediate hazardo us condition, the Building Official shall first make a reasonable effo rt to locate and notify the owne r or other p ersons having charge or control of the structure . If neither can be located, the Building Official shall issue an order directed to the owner or other person in control of the structure to have the hazardous cond ition either removed or repaired immediately. If no one in charge of the structure can be lo cated, the Building Official shall order the hazardous condition abated either by City personn el or by a private contractor.
Recovery of cost of repair or removal shall be as specified in Section 905.
15.16.020 - Section 801.1 amended—Procedure.
Section 801.1 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
801.1 Procedure. When any work or repair or demolition is to be done pursuant to Section 701.3 of this code, the Building Official shall issue his order th erefor and the work shall be accomplished by City personnel or by private contract. Plans and specifications therefor may be prepared with architectural and enginee ring assistants on a contract ba sis. If any part of the work is to be accomplished by privat e contract, standard contractual procedures shall be followed.
15.16.030 - Section 801.2 amended—Costs.
Section 801.2 of the Uniform Code f or the Abatement of Da ngerous Buildings is amended to read as follows:
801.2 Costs. The cost of such work may be paid by a special assessment against the property involved, or may be made a personal obligati on of the property owner, whichever the city council shall determine is appropriate.
15.16.040 - Sections 802.1 and 802.2 deleted.
Sections 802.1 and 802.2 of the Uniform Code for the Abatement of Dangerous Buildings are deleted.
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15.16.050 - Section 901 amended—Expense account for repair or demolition.
Section 901 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
Where the phrase "Director of Public Works" appears, it shall be amended to rea d "Building Official."
Chapter 15.20 - HAZARDOUS AND UNSAFE COMMERCIAL BUILDINGS Sections:
15.20.010 - Definitions.
15.20.020 - Scope.
15.20.030 - Determination of compliance.
15.20.040 - Design and construction criteria.
15.20.050 - Maintenance of parapets or other appendages.
15.20.060 - Voluntary repairs or alterations—Compliance to California Building Code.
15.20.070 - Design criteria for buildings two or more stories in height.
15.20.080 - Immediately hazardous conditions—Notice to abate.
15.20.090 - Hazardous condition—Notice to abate.
15.20.100 - Expenses incurred by city—Collection.
15.20.110 - Reserved.
15.20.120 - Violation—Penalty.
15.20.010 - Definitions.
For the purposes of this chapter, the following words and phrases shal l have the meanings respectively ascribed to them in this section:
A. "A matter of personal s afety" means a situation where because of th e conditions of a building or portions thereof a person or persons including the owner, tenants, or any occupants ther eof may be potentially in danger of loss of life, property, or physical personal injury.
B. "A mat ter of public safety" means a situation where, because of the condition of a building or portions thereof, a person or persons other than the owners and tena nts thereof are very likely to be in danger of loss of life, property, or physical injury.
C. "Commercial building" means any building us ed either partially or wholly for commerce at the inception date of this chapter.
D. "Hazardous building" means a bui lding or structure which is structurally inadequate as required by the provisions of this chapter, or is otherwise potentially dangerous to human life, safety, health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, or abandonment.
E. "Immediately hazardous condition" means a condition involving a bu ilding or p ortions thereof that if not immed iately corrected constitutes a real, present and immediate danger to life, safety, or health of any person.
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F. Substandard building" means a building or portion thereof in which there exists defective conditions as required by the provisions of this chapter.
15.20.020 - Scope.
The provisions of this chapter apply to the construction, alteration, or repair of all comme rcial buildings either occupied or unoccupied within the city.
15.20.030 - Determination of compliance.
Whenever, in the opinion of the building official of the city, there is insufficient evidence of compliance with the provisions of this chapter, or th e building official has determined that there is insufficient evidence that a structure or met hods of con struction do not conform to all t he requirements of this chapter, the building official shall require tests and engineering as proof of compliance to b e made at the expense of the owner or his agent by an approved agency.
Copies of required test s or engine ering calculations shall be submi tted to the building department and shall be retained by such department in a permanent file.
15.20.040 - Design and construction criteria.
A. Every existing building constructed prior to May 26, 1933, except a building to which this chapter does not ap ply, shall contain sufficient structural elements to resist and withstand horizontal forces from any direction of not less than either of the following, whichever is the greater:
1. Two percent of the total vert ical design load for buildings over forty fe et in height from the top of their foundations, and three percent of the total vertical load for buildings less than forty feet in height from the top of their foundations;
2. Twenty pounds per square foot of wi nd pressure on the vertical projection of th e exposed surface of every portion of the building more than sixty feet in height, and fifteen pounds per square foot of wind pressure on the vertical projection of the exposed surface of every portion of the building sixty feet or less in height.
B. In c omputing the resistance of any building to horizontal forces the stresses resulting from the combined vertical and hor izontal forces shall not exceed one and one -third times the allowable working stress as adopted and specified in the current building code or as amended.
15.20.050 - Maintenance of parapets or other appendages.
A. No building shall have any parapet or appendage attached to or supported by an exterior wall of the bui lding and located adjacent to a public wa y or to a way set apart for exit from building or passage of pedestrians. If such parapet or appendage is not so adequately constructed, anchored, or b raced as to remain wholly in its original position in event of a n earthquake having the effect designed by Section 2305 of the California Building Code, compliance pursuant to Section 15.20.030 is required.
B. Whenever the building department determines b y inspection that an existing parapet or appendage is not so adequately constructed, anchored, or braced as to remain wholly in its original position, the building official shall, by written notice addressed to the owner,
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person, or agent in control of the building, designate and describe the hazards and inadequacies of construction, anchorage, or bracing determined by such inspection and direct that the necessary correction be made to insure that all of the parapets or appendages remain in its original pos ition. Upon receipt of such notice, the owner, person, or agent in control of the building where such parapet exists shall:
1. Within thr ee months from the date of such notice submit to the building department, for its review and approval, suitable correc tive plans; all such corrective plans shall have the intent of eliminating the parapet or appendage, or reconstructing such parapet or appendage so that it will conform structurally with the requirements of the California Building Code, or strengthening su ch parapet or appendage by bracing or other means so that it w ill resist the forces of an earthquake and remain in its original position;
2. Obtain the necessary alteration permit;
3. Within one year from the date of such notice, complete all work necess ary or ordered; however, the city council may, upon applicat ion to it for an extension of such one year p eriod, grant an extension of time not to exceed a total of three years from the date of such notice, where good cause is shown; the factors that the city council shall consider in determining whether an extension of time should be granted shall include, but not be limited to, the following factors:
a. The eminence and extent of the structural hazard and the degree of inadequacy of construction as determined by the city building division, b. The estimated cost to complete all work necessary or o rdered in comparison to the fair market value of the building in question,
c. The amount of progress, if any, shown by the applicant towards resolution of the problems described in the notice from the building division.
C. The city council may revoke an y extension of time granted hereunder, after notice has been given to the applicant and public hearing held on the matter, at any time it determines that reasonable progress is not being made by the applicant to complete a ll work necessary or ordered.
15.20.060 - Voluntary repairs or alterations—Compliance to California Building Code.
All voluntary repairs or alterations shall be required to meet the standards, construction and engineering as provided in Chapter 1 Divis ion II of the California Building Code as ado pted by the city.
15.20.070 - Design criteria for buildings two or more stories in height.
It will be required that the owner or agent in control of all structures of two stories or more built prior to May 26, 1933, within the city shall be required to perform as follows:
A. Submit to the building department within a period of three years from the effective date of this chapter adequate engineering, including calculations, based upon the design criteria as adopted in this chapter, which woul d justify the story or stories above the first
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floor remaining, or corrective plans to bring the structure up to a standard equal to or better than the adopted design criteria;
B. When the corrective plans have been approved, obtain the necessary alteration or repair permits;
C. Complete all of the work necessary so the structure will conform structurally to all requirements of the adopted criteria within a period not to exceed three and one -half years from the effective date of this chapter.
15.20.080 - Immediately hazardous conditions—Notice to abate.
Whenever the building department determines by inspection that a structure or structures constitutes all immediately hazardous conditi ons as defined in this chapter, the building official shall give written notice t o the owner or agent in control of the subject structure to abate such hazard. The notice shall describe the hazard and shall set forth a maximum time of thirty days to abate the hazard either by removal of the hazard or by repair or rehabilitation of the elements that constitute the hazar d. If structural repairs are necessary to eliminate the hazard, such repairs shall meet the requirements of the design and construction crite ria as adopted by this chapter.
15.20.090 - Hazardous condition—Notice to abate.
Whenever the building departmen t determines by inspection that a structure or structures constitutes a hazardous condition as defined in th is chapter, the building official shall give written notice to the owner or agent in control of the subject structure to abate such hazard. The notice shall describe the hazard and shall set forth a maximum time of ninety days to abate the hazard either by removal of the hazard or by repair or rehab ilitation of the elements that constitute the hazard. If structural re pairs are necessary to eliminate t he hazard, such repairs shall meet the requirements of the design and construction criteria as adopted by this chapter.
15.20.100 - Expenses incurred by city—Collection.
Whenever such insufficient evidence or lack of co mpliance causes the city to incur an expense in order to obtain proper evidence or full compliance in accordance with the provisions of this chapter, such cos ts or expenses shall be charged to the owner of t he premises involved as a special assessment on t he land on which the building or s tructure is located and shall be collected in the manner provided for special assessments.
15.20.110 - Reserved.
15.20.120 - Violation—Penalty.
It is unlawful for any perso n to enlarge, alter, repair, improve, convert , use, occupy, or maintain any building or structure in the city or cause the same to be done contrary to or in violation of any of the provisions of this chapter.
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Chapter 15.24 - PLUMBING CODE
Sections:
15.24.010 - Adopted.
15.24.020 - Chapter 1, Division II, Section 1.4.5 amended—Fees.
15.24.030 - Gas piping for CNG vehicles.
15.24.010 - Adopted.
There is adopted by reference the 20 22 California Plumbing Code, incorporating the 20 21 Uniform Plumbing Code, including Chapter 1, Division II. That certain document, three copies of which are on file with the city of Chino, being designated and marked as the California Plumbing Code, copyrighted 2021 by the International Association of Plumbing and Mechanical Officials, is adopted for regulating the installation, maintenance and repair of plumbing within the city, and prescribing standards of insp ection therefor, and each and all such regula tions are referred to, adopted and made a part hereof as though fully set out in this chapter.
15.24.020 - Chapter 1, Division II, Section 104.5 amended—Fees.
Chapter 1, Division II, Section 104.5 of the California Plumbing Code is amended to read as follows:
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set forth by resolution of the city council.
15.24.030 - Gas piping for CNG vehicles.
The following provision is added to the California Plumbing Code:
All newly constructed privately owned residential garages shall have a gas line and electrical outlet installed to a point along the garage wall that is near the vehicle's fuel opening so that compressed natural gas fueling of a vehicle could occur in the future without obstruction.
Chapter 15.28 - ELECTRICAL CODE
Sections:
15.28.010 - Adopted.
15.28.015 - Fees.
15.28.020 - Article 527 added—Temporary electrical power and lighting installations.
15.28.030 - Requirements for cable television wiring in residential dwelling units.
15.28.101 - Adopted.
There is adopted by reference the 2022 California Electrical Code, incorpora ting th e 2020 National Electrical Code. That certain document, three copies of which are on file with the city of Chino, being designated and marked as the California Electrical Code, 20 22 Edition, as copyrighted 2020 by the National Fire Protection Association, is adopted as the Electric Code of the city of Chino for regulating the installation, ma intenance and rep air of e lectrical wiring and equipment within the city and prescribing standards of inspection and requirements therefor; and each and all such regulations are referred to, adop ted and made a p art hereof as though fully set out in this chapter.
15.28.015 - Fees.
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All permits shall be paid as set forth by Resolution of the City Council.
15.28.020 - Article 527 added—Temporary electrical power and lighting installations.
Article 527 of the California Electrical Code is amended as follows:
527 Temporary electrical power and lighting installations. a. During the Period of Construction. Temporary electrical power and lighting installations shall be permi tted during the period of constru ction, remodeling, maintenance, repair, or demolition of buildings, structures, equipment, or similar activities. b. 80 Days. Temporary electrical power and lighting installations shall be permitted for a period not to exceed eighty days, between November 1 and January 19, for decorative lighting and similar purposes.
c. Emergencies and Tests. Temporary electrical p ower and lighting installations shall be permitted during emergencies and for tests, experiments, and developmental work. d. Removal. Temporary wi ring shall b e removed immediately upon completion of construction or purpose for which the wiring was installed.
15.28.030 - Requirements for cable television wiring in residential dwelling units.
The following provision is added to the California Electrical Code:
Each single-family occupancy and each occupancy of a multifami ly, Group R occupancy shall have installed therein a separate coaxial cable wiring system consisting of at least two outlet boxes, coaxial cable, junction boxes, and other necessary fixtures for the supply of Community Antenna Television (C.A.T.V.). The wiring system shall be installed such that a C.A.T.V. supply can be connected in the general vicinity of telephone service connections and said wiring system shall be installed in conformance with Article 820 of the California Electrical Code, 2021 Edition. The outlet boxes shall be located in the dwelling to the satisfaction of the building official so as to make best future use of the C.A.T.V. system.
Chapter 15.30 - EXPEDITED PERMITTING PROCESS FOR ELECTRIC VEHICLE
CHARGING STATIONS (EVCS)
Sections:
15.30.010 - Intent and purpose.
15.30.020 - Title, words and phrases.
15.30.030 - Applicability.
15.30.040 - Expedited review process.
15.30.050 - Electronic submittals.
15.30.060 - Association approval.
15.30.070 - Permit application processing.
15.30.080 - Technical review.
15.30.090 - Checklist.
15.30.010 - Intent and purpose.
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The intent and purpose of this chapter is to adopt an expedited, streamlined e lectric vehicle charging system p ermitting process to achieve timely and cost -effective installations of electric vehicle charging systems in c ompliance with California Government Code Section 65850.7 , Assembly Bill No. 970 and Assembly Bill N o. 1236. This chapter is designed to encourage the use of electric vehicles by removing barriers, minimizing c osts to property owners and the city, and expanding the ability of property owners to install electric vehicle charging systems. This chapter allows the city to achieve these goals while protecting the public health and safety.
15.30.020 - Title, words and phrases.
This ordinance [from which this c hapter derives] shall be known as the City of Chino Electric Vehicle Charging Station Permit Expedit ing Ordinance. The terms, phrases, and words u sed in this chapter shall be construed in compliance with the de finitions set forth by California Government Code Section 65850.7.
15.30.030 - Applicability.
Electric vehicle charging stations which qu alify for expedited permit processing, pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in the city's Electric Vehicle Charging Station Permit Expediting Ordinance.
15.30.040 - Expedited review process.
Consistent with Government Code Se ction 65850.7, the building official shall implement an expedited administrative permit review process for el ectric vehicle charging stations, and adopt a checklist of all requirements with which electric vehi cle charging stations shall comply with in order to be eligible for expedited review. The expedited administra tive permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the governor 's office of planning and research. The city's adopted checklist shall be published on the city's website.
A. EVCS Projects with 1 -25 stations: 5 bu siness days to deem an application complete or incomplete, once application is complete, 20 business days to issue an approval to build.
B. EVCS Projects with 26 or more stations: 10 business days to deem an app lication in/complete, 40 business days to issue an approval to build.
C. Parking Considerations: If EV Charging Stations and Support Equipment take place of parking spaces, city/county is required to reduce the number of required parking spaces.
15.30.050 - Electronic submittals.
Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accept ing such permit applicat ions, the buil ding official shall also accept electronic signatures on all forms, applications, and other docu mentation in lieu of a wet signature by any applicant.
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15.30.060 - Association approval.
Consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the app roval of such a system by an association, as that term is defined by Civil Code Section 4080.
15.30.070 - Permit application processing.
A per mit a pplication that satisfies the information r equirements in the city's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meet the require ments of the c ity's adopted checklist, and are c onsistent with all applicable laws, the building official shal l, consistent with Government Code Section 658 50.7, approv e the application and issue all necessary permits. All permit applications require a zon ing c learance determination. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is gr anted by the city. If the building official determines that the permit application is incomplete, he or s he shall issue a written correction notice to the applicant, detailing all deficiencies in the applicatio n and any additional information required to b e eligible for expedited permit issuance.
15.30.080 - Technical review.
It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations, so long as the action does not supersede the building official's authority to address higher priority life-safety situations.
15.30.090 - Checklist.
The checklists authorized by this chapter are depicted in the following tables:
/ / /
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Chapter 15.32 - FIRE CODE
Sections:
15.32.010 - Adopted.
15.32.020 - Findings.
15.32.030 - Definitions.
15.32.040 - Fees.
15.32.050 - Chapter 1, Division II, Section 101.1 amended—Title.
15.32.060 - Chapter 1, Division II, Section 102.7 amended—Conflicts.
15.32.070 - Chapter 1, Division II, Section 102.7.2 amended—Provisions in referenced codes and standards.
15.32.080 - Chapter 1, Division II, Section 104.10 amended—Fire Investigations.
15.32.090 - Chapter 1, Division II, Section 105.5.8 added.
15.32.100 - Chapter 1, Divisi on II, Section 105.6.15.1 added—Fixed extinguishing systems.
15.32.110 - Chapter 1, Division II, Section 105.6.30 amended—Miscellaneous combustible storage.
15.32.120 - Chapter 1, Division II, Section 105.7 amended—Required con struction permits.
15.32.130 - Chapter 1, Division II, Section 105.7.19 amended—Private fire hydrants and related equipment.
15.32.140 - Chapter 1, Division II, Section 109.1 amended—Board of appeals established.
15.32.150 - Chapter 1, Division II, Section 109.3 amended—Qualifications.
15.32.160 - Chapter 1, Division II, Section 109.4 added—Appeals procedure.
15.32.170 - Chapter 1, Division II, Section 109.5 added—Fees.
15.32.180 - Chapter 1, Division II, Section 110.4 amended—Violation penalties.
15.32.190 - Chapter 1, Division II, Section 112.4 amended—Failure to comply.
15.32.200 - Section 304.1 amended—Waste accumulation prohibited.
15.32.210 - Section 304.1.2 amended—Vegetation.
15.32.220 - Sections 304.1.2.1 through 304.1.2.2.3.4 added.
15.32.230 - Section 305.6 added—Spark arrestor.
15.32.240 - Sections 313.1.2 and 313.1.2.1 added.
15.32.250 - Section 503.1.2.1 added—Remoteness.
15.32.260 - Section 503.1.2.2 added—Aerial access.
15.32.270 - Section 503.2.1 amended—Dimensions
15.32.280 - Section 503.2.3 amended—Surface.
15.32.290 - Section 505.1 amended—Address identification.
15.32.300 - Section 903.2 amended—Where required.
15.32.310 - Section 4906.3 amended—Requirements.
15.32.320 - Section 4906.3.1 through 4906.6 added.
15.32.330 - Sections 4908 and 4908.1 added—Precautionary requirements; fireworks.
15.32.340 - Section 5601.1.3 amended—Fireworks.
15.32.350 - Section 5601.1.3.1 added—Seizure of fireworks.
15.32.360 - Appendix D, Section D101.1 amended—Scope.
15.32.370 - Appendix D, Section D102.1 amended—Access and loading.
15.32.380 - Appendix O, Section O103.7 amended—Access and loading.
15.32.390 – Geographical limits.
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15.32.010 - Adopted.
There is adopted by reference the California Fire Code, 2022 Edition , with errata, together with those portio ns of the 2021 International Fire Code as published by the Inte rnational Code Council, including Appendix Chapters 4, B, BB, D, F, G, H, I, J, and N not included in the 2022 California Fire Code, collectively referred to as the "fire code," and with the additions, insertions, deletions, and changes prescribed in this chapter, regulating and governing the safeguarding of life and property from fire and explosion hazards, hazardous materials arising from the storage, handling and use of hazardous substances, materials, and devices, and f rom conditions hazardous to life o r property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees; and each and all of the regulations, provisions, penalties, conditions, and terms of said fire code on file in the offic e of the clerk of the City of Chino and of the District are referred to, adopted, and made part hereof.
15.32.020 - Findings.
The city council hereby finds that the amendments to the 2022 California Fire Code contained in this Chapter are reasonable an d necessary because of local climactic, geologic and topographical conditions within the Chino Valley Independent Fire District's jurisdiction. This finding is supported and based upon the foll owing express f indings, which address each of these conditions and present the local situation which make the amendments necessary:
1. The climate and weather patterns within the City include frequent periods of drought and low humidity adding to the fire danger. Fire season can be year-round in this region.
2. During the summer months, the dry winds and existing vegetation mix to create a hazardous fuel condition which has resulted in large loss vegetation and str ucture fires.
Summer temperatures exceeding one hundred degrees, and severe "Santa Ana" winds frequently occur and can move a fire quickly throughout areas of the City. Multiple shifting wind patterns throughout the canyon areas add to the difficulty in su ppressing fires.
3. Because of weather p atterns, the Ci ty has experienced a need for water conservation .
Due to the storage capacities and consumption, and a limited amount of rainfall (drought conditions), future water allocation is not fully dependable . While sound management of the water resources is possible, demands and possible critical depletions on an already stressed water supply can most assuredly be predicted.
4. Major roadways, highways, freeways and flood control channels located throughout the City create barriers and slow response times. Other unique factors which create barriers and slow response times are the multiple canyons located within the City and the large California Institute for Men property.
5. The topography is also very ste ep in large areas of the City affecting the rate of fire spread and response times.
6. Due to the sloping in the regional valley where the City is located, as well as the present street and storm drain design, heavy rainfall causes roadway flooding and l andslides, which at times may make an access route impassable.
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7. The City has within its boundaries active seismic hazards. Seismic activity within the City occurs yearly and a fire potential exists with these active faults. Existing structures and planned new development are at serious risk from an earthquake. This risk includes fire, collapse and the disrupt ion of water supply for firefighting purposes. Areas can also become isolated as a result of bridge, overpass and road damage and debris.
8. Structures in close proximity to each other pose an exposure problem which may cause a fire to spread from one structure to another as well as to the wildland area.
9. For practical and cost reasons, many new structures are built of wood construction.
Many existing structures also have wood shake roofs. T he potential fo r a conflagration exists due to the design and density of current structures.
10. Electrical supply and telephone communication failures occur due to high winds as well as other reasons. Water supply pumps and early notification cannot alwa ys be counted on.
11. Narrow and winding streets with little c irculation and streets designed as storm drains impede emergency vehicle access and evacuation routes.
15.32.030 - Definitions.
A. The term "jurisdiction" as used in the 2022 California Fire Code, shall mean the territory within the Chino Valley Independent Fire District.
B. The term "fire department" and "District" as used in the 2022 California Fire Code shal l mean the Chino Valley Independent Fire District.
C. The term "Board of Directors" or "Board" as used in the 2022 California Fire Code shall mean the governing body of the Chino Valley Independent Fire District. The "governing body" shall mean the Board of Directors of the Chino Valley Independent Fire District.
D. The term "Chief" as used in the 2 022 California Fire Code shall mean the Fire Chi ef of the Chino Valley Independent Fire District.
E. The term "fire code official" as used in the 2022 California Fire Code shall mean the Fire Marshal and or Deputy or employee charged with t he enforcement of this code w ith Chino Valley Independent Fire District.
F. The term "fire prevention" as used in the 20 California Fire Code shall mean the Division, Department or Office of Community Risk Reduction of Chino Valley Independent Fire District.
15.32.040 - Fees.
A. Reasonable fees, not to exceed actua l costs, may be collected by the fire code official for fire protection planning and services included in the Fire Code and in this Ordinance.
B. Fire Suppression, investigation, rescue, and e mergency medical costs are re coverable in accordance with Healt h and Safety Code Sections 13009 and 13009.6. Any person who negligently or intentionally, or in violation of law, causes an emergency response,
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including but not limited to a traffic accident or spill of tox ic or flammable liquids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Government Code Section 53150 et seq. Any expense incurred by the District for securing such an emergency situation sh all constitute a public debt of such person and shall be collec tible by the District in the same manner as in the case o f an obligation under contract, expressed or implied.
15.32.050 - Chapter 1, Division II, Section 101.1 amended—Title.
Chapter 1, Division II, Section 101.1 of the California Fire Code is amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Chino, hereinafter referred to as "this code."
15.32.060 - Chapter 1, Division II, Section 102.7 amended—Conflicts.
Chapter 1, Division II, Section 102.7 of the California Fire Code is amended to read as follows:
102.7.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the fire code official shall determine which provision meets the general int ent of this code.
15.32.070 - Chapter 1, Division II, Section 102.7.2 amended —Provisions in referenced codes and standards.
Chapter 1, Division II, Section 102.7.2 of the California Fire Code is amended to read as follows:
102.7.2 Provisions in referenced code s and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, sh all be reviewed along with th e referenced codes and standards. After said review, the fire code official shall determine which provisions meet the general intent of this code.
15.32.080 - Chapter 1, Division II, Section 104.10 amended—Fire Investigations.
Chapter 1, Division II, Section 104.10 of the California Fire Code is amended to read as follows:
104.10 Fire Investigations. The District shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other haza rdous condition, including but not limited to the unauthorized release of hazardous materials. If it appears to the investigation unit that such fire, explosion or other hazardous condition is of suspicious origin, they are authorized to take immediate cha rge of all phys ical evidence relating to th e cause of the incid ent and are authorized to pursue the investigation to its conclusion. Information that could be related to trade secrets or processes shall not be made part of the public record, except as dire cted by a court of law.
15.32.090 - Chapter 1, Division II, Section 105.5.8 added.
Chapter 1, Division II, Section 105.5.8 is added to the California Fire Code and shall read as follows:
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105.5.8 Failure to pay permit fees in accordance with the terms of the per mit a pplication or when a check or credit/debit card submitted for payment of the permit fee(s) is returned or declined.
15.32.100 - Chapter 1, Division II, Section 105.6.15.1 added —Fixed extinguishing systems.
Chapter 1, Division II, Section 105.6.15.1 is added to the California Fire Code and shall read as follows:
105.6.15.1 Fixed Extinguishing Systems. An operational permit is required for a fixed extinguishing system for a Type I Hood.
15.32.110 - Chapter 1, Division II, Section 105.6.30 amended—Miscellaneous combustible storage.
Chapter 1, Divis ion II, Section 105.6.30 of the California Fire Code is amended to read as follows:
105.6.29 Miscellaneous combustible storage. An opera tional permit is required to store in any building or up on any premises in e xcess of 2,500 cubic feet (71 m3) gross vol ume of combustible empty packing cases, boxes, barrels or similar containers, combustible pallets, rubber tires, rubber, cork, green waste, composting, yard waste, or similar combustible material.
15.32.120 - Chapter 1, Division II, Section 105.7 amende d—Required construction permits.
Chapter 1, Division II, Section 105.7 of the California Fire Code is amended to read as follows:
105.7 Required construction permits. The fire code official i s authorized to issue construction permits for work including, but not limited to, the requirements as set forth in Chapter 1, Sections 105.7.1 through 105.7.25. Any o wner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy or use of a building or structure or p remise or to cause any such work to be done shall make application to the District and obtain the required permit.
15.32.130 - Chapter 1, Division II, Section 105.7.19 amended —Private fire h ydrants and related equipment.
Chapter 1, Division II, Section 105.7.19 of the California Fire Code is amended to read as follows:
105.7.19 Private fire hydrants and related equipment. A construction permit is required for the installation or modificatio n of private fi re hydrants an d related on -site water appliances .
Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
15.32.140 - Chapter 1, Division II, Section 109.1 amended—Board of appeals established.
Chapter 1, Division II, Section 109.1 of the California Fire Code is amended to read as follows:
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109.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code off icial relative to the application and interpretation of this code, there shall be and is hereby crea ted a board of appeals. The board of appeals shall be selected by the Fire Chief. Those selected shall hold office as its pleasure. The fire code official shall be an ex o fficio member of said board but shall not have a vote on any matter before the board. The board shall adhere to the rules of procedure for conducting business and shall render all decisions and findings in writing to the appellant with a dup licate copy to the fire code official.
15.32.150 - Chapter 1, Division II, Section 109.3 amended—Qualifications.
Chapter 1, Division II, Section 109.3 of the California Fire Code is amended to read as follows:
109.3 Qualifications. The board of appeal s shall consist of m embers wh o are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions, fire protection systems or building standards, and are not employees of the District.
15.32.160 - Chapter 1, Division II, Section 109.4 added—Appeals procedure.
Chapter 1, Division II, Section 109.4 is added to the California Fire Code and shall read as follows:
109.4 Appeals procedure. The applicant may file an appeal with the Fire District's Clerk of the Board within thirty days of a final order, decision or determination made by the fire code official relative to the application and interpretation of this code. Upon receipt of an appeal, the Clerk of the Board shall fix the time and place of the h earing, which shall be at a District meeting facility not more than sixty days after the date of the appeal. The Clerk of the Board shall give written notice of the time and place of the hearing to the initiating party, the Fire Chief, the fire code official and the Appe als Board. The Appeals Board shall keep a record of the proceedings of each hearing. The Appeals Board shall issue written findings and a decision within fifteen days of the conclusion of the hearing which shall be mailed to the parties' fir st class mail, postage prepaid, at such address as they have provided.
15.32.170 - Chapter 1, Division II, Section 109.5 added—Fees.
Chapter 1, Division II, Section 109.5 is added to the California Fire Code and shall read as follows:
109.5 Fees. The fire code offic ial and staff shall act as staff to the Appeals Board and for that purpose may determine and set fees to charge the appellant to cover the cost of preparation of the record for appeal.
15.32.180 - Chapter 1, Division II, Section 110.4 amended—Violation penalties.
Chapter 1, Division II, Section 110.4 of the California Fire Code is amended to read as follows:
110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall fail to obtain approval by the fire code official for the commencement of construction, alteration, or repair or who shall erect, install, alter, repair or do work in violation of the approved constructi on documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of
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a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment not exceeding six months, or both such fine and imprisonm ent. The fire c ode official with the concurrence of the chief a nd the District Attorney, is authorized to use administrative citations and fines as allowed by an ordinance of the District in place of the violation penalties contained in this section. Each day that a viol ation continues after due notice has been served shall be deemed a separate offense.
In addition to, or in place of, the foregoing penalties, administrative penalties pursuant to the District's Administrative Citation Ordinance may be impos ed in connection with any violation of this code or any District Ordinance. Any person violating or who has violated any section of this code or District Ordinance may be issued an administrative citation in accordance with the Administrative Citation Ordinance.
15.32.190 - Chapter 1, Division II, Section 112.4 amended—Failure to comply.
Chapter 1, Division II, Section 112.4 of the California Fire Code is amended to read as follows:
112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to rem ove a violation or unsafe condition, shall be subject to violation penalties as specified in Section 110.4. Each day that the work continues in violatio n of a stop wor k order shall be deemed a separate offense.
15.32.200 - Section 304.1 amended—Waste accumulation prohibited.
Section 304.1 of the California Fire Code is amended to read as follows:
304.1 Waste accumulation prohibited. Combustible waste material, as o utlined in Sec tion 304.1.1 and 304.1.2, creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises. In the event that abatement is not performed as required by a Notice of Violation or Notice to Des troy Weeds, the Fire District may seek approval from its governing body to abate said fire hazard and place a lien upon the property in which such conditions exist.
15.32.210 - Section 304.1.2 amended—Vegetation.
Section 304.1.2 of the California Fire Code is amended to read as follows:
304.1.2 Vegetation. Cut and uncut weeds, grass, tumbleweeds, vines, trees, or other vegetation that is capable of being ignited and endangering property, shall be removed by the owner or occupant of the premises. Parcel s five acres or less in size shall be completely cleared of all combustible vegetation deemed hazardous by the fire official. Parcels greater than five acres shall provide a minimum one hundred feet of clearance around the perimeter of the parcel and additional clearance as required by the fire code official.
Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants used as ground cover, provided that they do not form a means of readily transmitting fire.
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5.32.220 - Sections 304.1.2.1 through 304.1.2.2.3.4 added.
Sections 304.1.2.1 through 304.1.2.2.3.4 are added to the California Fire Code and shall read as follows:
304.1.2.1 Clearance of brush or vegetative growth from roadways. Fire apparatus access roads shall be provided with a minimum of twenty feet clearance and driveways shall be provided with a minimum of ten feet of clearance.
304.1.2.2 Clearance of brush and vegetative growth from electrical transmission and distribution lines.
304.1.2.2.1 General. Clearance of brush and vegetative growth from electrical transmission and distribution lines shall be in accordance with Section 304.1.2.2.
Exception: Section 304.1.2.2 does not authorize persons not having l egal right of e ntry to enter on or damage the property of others without consent of the owner. 304.1.2.2.2 Support clearance. Persons owning, controlling, operating or maintaining electrical transmission or distribution lines shall provide a combustible f ree space consisting of a clearing of not less than ten feet (3 048 mm) in each direction from the outer circumference of such pole or tower and directly under and adjacent to electrical transmission or distribution lines.
Exception: Lines used exclusively as telephone, telegraph, messenger call, alarm transmission or other lines classed as communications circuits by a public utility. 304.1.2.2.3 Electrical distribution and transmission line clearances. 304.1.2.2.3.1 General. Clearances between vegetation and electrical lines shall b e in accordance with this Section.
304.1.2.2.3.2 Trimming clearance. Clearances not less than those established by Table 304.1.2.2.3.2 shall be provided. The radial clearances shown below are minimum clearances that shall be e stablished, at time of trimmi ng, between the vegetation and the energized conductors and associated live parts.
TABLE 304.1.2.2.3.2
MINIMUM CLEARANCE BETWEEN VEGETATION
AND ELECTRICAL LINES AT THE TRIMMING
Line Voltage
Minimum Radial
Clearance From
Conductor (feet)
2,400—72,000 4
72,001—110,000 6
110,001—300,000 10
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300,001 or more 15
For SI: 1 foot = 304.8 mm.
Exception: The fire code official is authorized to establish minimum clearances different than those specified by Table 304.1.2.2.3.2 when evidence substantiating such other clearances is submitted to and approved by the fire code official.
304.1.2.2.3.3 Minimum clearance to be maintained. Clearances not less than those established by Table 304.1.2.2.3.3 shall be maintained during such periods of time as designated by the fire code official. The site -specific clearance achieved, at time of pruning, shall vary based on species growth rates, the utility company-specific trim cycle, the potential line sway due to wind, line sag due to electrical loading and ambient temperature and the tree's location in proximity to high voltage lines.
Exception: The fire code official is authorized to establish minimum clearances different than those specified by Table 304.1.2.2.3.3 when evidence substantiatin g such other cl earances is submitted to and approved by the fire code official.
TABLE 304.1.2.2.3.3
MINIMUM CLEARNACES BETWEEN VEGETATION
AND ELECTRICAL LINES TO BE MAINTAINED
LINE VOLTAGE MINIMUM
CLEARANCE (inches)
750—35,000 6
35,001—60,000 12
60,001—115,000 19
115,001—230,000 30.5
230,001—500,000 115
For SI: 1 inch = 25.4 mm.
304.1.2.2.3.4 Electrical power line emergencies. During emergencies, the utility shall perform the required work to the extent necessary to clear the hazard. An emergenc y can include situations such as trees falling into power lines, or trees in violation of Table 304.1.2.2.3.3.
15.32.230 - Section 305.6 added—Spark arrestor.
Section 305.6 is added to the California Fire Code and shall read as follows:
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305.6 Spark arre stor. All chimn eys attached to any appliance or fireplace that b urns solid fuel shall be equipped with an approved spark a rrestor. The spark arrestor shall meet all of the following requirements:
1. Openings shall not permit the passage of spheres having a diameter larger than one-half inch and shall not block the pas sage of spheres having a diameter of less than three - eighths inch.
2. The spark arrestor shall be a visible from the ground and the screen or chimney cap shall be accessible and removable to allow for cleaning of the chimney flue.
3. The net free area of the spark arrester shall not be less than four times th e net area of the outlet of the chimney.
4. The spark arrestor screen shall have heat or corrosion resistance equivalent to twelve gauge steel wire, nineteen gauge galvanized wire or twenty-four gauge stainless steel.
15.32.240 - Sections 313.1.2 and 313.1.2.1 added.
Sections 313.1.2 and 313.1.2.1 are added to the California Fire Code and shall read as follows:
313.1.2 Use of equipment . Except as otherwise provided in this section, no person shall use, operate, or cause to be operated, in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrestor as def ined in Section 313.1.2.1 maintained in effective wo rking order, or the engine is constructed, equipped and maintained for the prevention of fire.
Exception:
1. Engines used to provide motor power trucks, truck tractors, buses, and passenger vehicles, e xcept motorcycles, are not subject to this section of the exhaust system is equipped with a muffler as defined in the California Vehicle Code.
2. Turbocharged engines are not subject to this section of all exhausted gases pass through the rotat ing turbine wheel, there is n ot exhaust bypass to the atmosphere , and the turbocharger is in good mechanical condition.
313.1.2.1 Spark arrestors.
1. A spark arrester is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.023 2 of an inch (0.58 mm) in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service.
2. Spark arrestors affixed to the exh aust system of engines or vehicles subject to Section 313 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
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15.32.250 - Section 503.1.2.1 added—Remoteness.
Section 503.1.2.1 is added to the California Fire Code and shall read as follows:
503.1.2.1 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses.
15.32.260 - Section 503.1.2.2 added—Aerial access.
Section 503.1.2.2 is added to the California Fire Code and shall read as follows:
503.1.2.2 Aerial access. Buildings exceeding three stories i n height or thirty feet in height shall be provided with aerial fire apparatus access. One or more of the required access rout es shall be located not less than fifteen feet (4572 mm) and not g reater than thirty feet (9144 mm) from the building. The side of the building on which the aerial access fire apparatus road is positioned shall be approved by the fire code official.
15.32.270 - Section 503.2.1 amended—Dimensions.
Section 304.1.2 of the California Fire Code is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than twenty-six feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed v ertical clearance of not less than thirteen feet, six inches (4115 mm).
15.32.280 - Section 503.2.3 amended—Surface.
Section 503.2.3 of the California Fire Code is amended to read as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads (67,000 lbs.) of fire apparatus and shall be surfaced by either asphalt or concrete, except when alternate surfaces are approved by the jurisdiction.
15.32.290 - Section 505.1 amended—Address identification.
Section 505.1 of the California Fire Code is amended to read as follows:
505.1 Address Identification. New and existing buildings shall have approved address identification. The address identificati on shall be legible and placed in a pos ition that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be a minimum of four inches (102 mm) high with a minimum stroke width of one -half inch (12.7 mm) for one - and two-family residential dwellings, and shall be illuminated during hours of darkness. Each character sh all be a minimum of eigh t inches (204 m m) high with a minimum stroke width of one inch ( 25.5 mm) for buildings other than one- and two-family residential dwellings. Where required by the fire code official, address identification shall be provided in addit ional approved locations to facilitate emergency response. Where access is by means of a private road and the building and/or address
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identification cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.
15.32.300 - Section 903.2 amended—Where required.
Section 903.2 of the California Fire Code is amended to read as follows:
903.2 Where required. Approved automati c sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12.
In addition to the requirements of Section 903.2.1 through 903.2.12, automatic fire sprinklers are required for the construction of any new building(s) 5,000 square feet or more, regardless of the use of fire walls and occupancy type, except for Group U occupancies not required by Section 903.2.18.
In all existing buildings or structures, except one and two -family dwellings, not equipped with an automatic fire sprinkler system, when additions cause the stru cture to exceed five thousand square feet, the following provisions shall apply:
A. When such addition exceeds five thousand square feet, but is less than fifty percent of the original building square footage, the addition shall be equipped with an automatic fire sprinkler system.
B. When such addition is fifty percent or greater than the original building square footage, the entire structure shall be equipped with an automatic fire sprinkler system.
15.32.310 - Section 4906.3 amended—Requirements.
Section 4906.3 of the California Fire Code is amended to read as follows:
4906.3 Requirements. Hazardous vegetation and fuels around all applicable buildings and structures, or upon any premise shall be maintained in accordance with the following laws and regulations:
1. Public Resources Code, Section 4291
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299 (see guidance for implementation "General Guideline to Create Defensible Space").
3. California Government Code, Section 51182.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section
3.07. 5. California Code of Regulations, Title 24, Part 9, Chapter 3, Section 304
15.32.320 - Section 4906.3.1 through 4906.6 added.
Sections 4906.3 .1 through 4906.6 are added to the California Fire Code and shall read as follows:
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4906.3.1 Correction of conditions. Hazardous vegetation and or fuels creating a fire hazard shall not be allowed to accumulate upon premises. The fire code official is authorized to give notice to abate said conditions through a Notice of Violation or Notice to Destroy. In the event that abatement is not performed as required, the Fire District may seek approval from its governing body to abate said fire hazard and make the expense of such correction a lien on the property. 4906.4 Fuel Modification. All new buildings or developments to be built or installed in a wildland- urban interface area as set forth in Chapter 49 shall be pro vided with an a pproved fuel modification area. Fuel modification ar eas shall be included into all entitlement documents. A minimum fuel modification of one hundred feet is required from each structure within the development. The overall width of the fuel m odification shall take into account all slope s and fuel load within the development perimeter and adjacent properties. 4906.5 Plans and Permit. Fuel modification plans shall be submitted to and approved by the fire code official, plans shall include both preliminary and final fuel modification plans. At the time of final review, a permit shall be obtained by the Fire District. 4906.6 Maintenance. All elements of the final fuel modification plans shall be maintained in accordance with said plans and are su bject to the en forcement process outlined in the Fire Code.
4906.7 Storage of firewood and combustible materials. Firewood and combustible material shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canop ies or other pr ojections or overhangs. When r equired by the fire co de official, storage of firewood and combustible material stored in the defensible space shall be located a minimum of twenty feet (6096 mm) from structures and separated from the crown of trees by a minimum horizontal distance of fifteen feet (4572 mm).
15.32.330 - Sections 4908 and 4908.1 added—Precautionary requirements; fireworks.
Sections 4908 and 4908.1 are added to the California Fire Code and shall read as follows:
SECTION 4909 PRECAUTIONARY REQUIREMENTS
4908.1 Fireworks. Fireworks shall not be used or possessed in wildland-urban interface areas. If found to be in violation of this requirement, penalties as outlined in Chapter 1, Section 110.4 shall be assessed.
15.32.340 - Section 5601.1.3 amended—Fireworks.
Section 5601.1.3 of the California Fire Code is amended to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks is prohibited. If found to be in violation of thi s requirement, penalties as outlined in Chapt er 1, Section 110.4 shall be assessed.
Exceptions:
1. Storage and handling of fireworks as allowed in Section 5604.
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2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.
3. The use of firew orks for fireworks displays pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Divisi on 1, Chapter 6 F ireworks reprinted in Section 5608 and Health and Safety Code Division 11. The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided that such firewor ks and facilities comply with NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100 -185, as applicable for consumer fireworks and Health and Safety Code Division 11.
15.32.350 - Section 5601.1.3.1 added—Seizure of fireworks.
Section 5601.1.3.1 is added to the California Fire Code and shall read as follows:
5601.1.3.1 Seizure of fireworks. The fire code official shall have authority to seize, take, remove or cause to be removed at the expense of the owner any fireworks in v iolation of this code or of any local and state laws, ordinances or regulations.
15.32.360 - Appendix D, Section D101.1 amended—Scope.
Appendix D, Section D101.1 of the California Fire Code is amended to read as follows:
D101.1 Scope. Fire apparatus a ccess roads shall be in accordance with this appendix, Section 503, and all other applicable requirements.
15.32.370 - Appendix D, Section D102.1 amended—Access and loading.
Appendix D, Section D102.1 of the California Fire Code is amended to read as follows:
D102.1 Access and loading. Facilitie s, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt or concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least sixty-seven thousand pounds.
15.32.380 - Appendix O, Section O103.7 amended—Access and loading.
Appendix O, SectionO103.7 of the California Fire Code is amended to read as follows:
O103.7 Fire Protection. Haunted houses and ghost walks shall be provided with fire protection systems, as required by the fire code official.
15.32.390 - Geographical limits.
The geographical limits referred to in certain sections of the 2 019 California Fire Code are hereby established as follows:
A. Establishment of geographical limits of districts in which storage of Class I and Class II liquids in above-ground tanks outside of buildings is to be prohibited.
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The limits referred to in Section 5704.2.9.6.1 of the 2019 California Fire Code in which st orage is prohibited are established as commercial and residential areas, except where the fire code official has issued written approval of such storage.
B. Establishment of geograp hical limits of districts in which storage of Class I and Class II liquids in above-ground tanks is to be prohibited.
The limits referred to in Section 5706.2.4.4 of the 2019 California Fire Code in which storage is prohibited are established as commercia l and residential area, except where the fire code official has issued written approval of such storage.
C. Establishment of geographical limits of districts in which the storage of flammable cryogenic fluids in stationary containers is to be prohibited.
The limits referred to in Section 5806.2 of the 2019 California Fire Code in which storage is prohibited ar e established as commercial and residential areas, except where the fire code official has issued written approval of such storage.
D. Establishment of geographical limits of districts in which storage of liquefied petroleum gas is to be restricted.
The limits referred to in Section 6104.2 of the 2019 California Fire Code in which storage is restricted are established as:
Heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of two thousand gallons (7570 L).
All areas, when in the opinion of the fire code official the location of storage would create a hazard to occupants or property owners, the aggregate capacity of any one installation shall not exceed a water capacity of two thousand gallons.
Chapter 15.34 - CALIFORNIA EXISTING BUILDING CODE
Sections:
15.34.010 - Adoption of California Existing Building Code.
15.34.010 - Adoption of California Existing Building Code.
There is adopted by reference the 2022 California Existing Buildin g Code, incorporating the 2021 International Existing Building Code. T hat certain document, three copies of which are on file with the city of Chino, being marked and designated as California Existing Building Code, 2022 Edition as copyrighted 2022 by the International Code Council, is adopted as the California Existing Buil ding Code of the city of Chino, to promote public safety and welfare by reducing the risk of deat h or injury that may result from effects of earthquakes on existing unreinforced masonry bearing wall buildings in the city of Chino and prescribing standards of inspection thereof; and each and all such regulations are referred to, adopted and made a part hereof as though fully set out in this chapter.
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Chapter 15.36 - POSTING OF UNREINFORCED MASONRY BUILDINGS Sections:
15.36.010 - Purpose.
15.36.020 - Scope.
15.36.030 - Definitions amended.
15.36.040 - General requirements.
15.36.050 - Validity.
15.36.010 - Purpose.
The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on buildings of unreinforced masonry bearing wall construction.
15.36.020 - Scope.
The requirements of this chapter shall a pply to all buildings as required by other pro visions of this code including all unreinforced masonry bearing wall structures constructed prior to the adoption of earthquake design requirements by this jurisdiction. (Exception: This chapter shall not apply to a detached Group R, Division 1 occupancy containing less than five dwellings used solely for residential purposes.)
15.36.030 - Definitions amended.
For the purpose of this chapter, certain terms, phrases, words, and their derivations shall have the meaning herein.
A. The word "shall" is mandatory and the word "may" is permissive. Words not defined shall be given their common and ordinary meanings.
B. "Unreinforced masonry bearing walls" are masonry walls having all of the following characteristics:
1. Provide the vertical support for a floor or roof;
2. Have a total superimposed load over one hundred pounds per lineal foot;
3. Have an area of reinforcing steel less than fifty percen t of that required by the California Building Code.
15.36.040 - General requirements.
A. It shall be the responsibility of the owner of an identified unreinforced masonry building to post in a conspicuous place visible before or upon entry into the structure with the following wording:
"NOTICE
This building has been identified by City of Chino as having potentially hazardous unreinforced masonry beari ng walls subject to Chapter 122 of Division 1 of Title 2 of the California Government Code.
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In the event of an earthquake, this building could be subject to structural damage that could cause death or injury to its occupants and/or persons near the building exterior." B. The posting notice shall be of durable metal and shall be a minimum of eight and one -half inches by fourteen inches. Lettering shall be no smaller in size than one -quarter inch and shall have a contrasting color as a background. Posting notice shall be pr inted in both English and Spanish.
C. Posting shall be completed within thirty days from adoption of the ordinance codified in this chapter or as determined by the building official.
15.36.050 - Validity.
The city council declares that should any sec tion, paragraph, sentence, or word of this chapter or of the code hereby adopted for any reason be invalid, it is the intent of the city council that it would have passed all other portions of this chapter independent of the elimination hereof any such portion as may be declared invalid.
Chapter 15.40 - NEW HOME CONSTRUCTION
Sections:
15.40.010 - Definitions.
15.40.020 - Notice to buyers.
15.40.030 - Features and amenities.
15.40.040 - Developer's security deposit.
15.40.050 - City's inspection.
15.40.060 - Buyer's inspection.
15.40.070 - Occupancy permits.
15.40.080 - City's remedies.
15.40.090 - Attorney's fees and costs.
15.40.010 - Definitions.
For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is manda tory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
A. "Building official" refers to the deputy director of development services or his designee. As such, the building official shall have authority to adopt r ules and regulations to clarify and interpret the provisions of this chapter. He may also approve the variations when such variations are not inimical to the life, health, safety or welfare of the public and are necessary because of particular or peculiar circumstances, and do not violate the intent or purpose of this chapter.
B. "Developer" means any natural person, corporation, partnership, association or other entity seeking to construct new residential dwellings for sale or reconstructing existing residential dwellings for sale.
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C. "Residential dwelling" means a building or portion thereof designed and constructed exclusively for residential occu pancy, including one -family, two -family or multiple dwellings, excepting motels, hotels and rental dwelling units not for resale.
15.40.020 - Notice to buyers.
A. A developer of any residential dwelling shall provide t he following information to every potential buyer:
1. The list of features and amenities;
2. The brand names of each of the major components contained in the features and amenities list which were installed in the residential dwelling sought to be sold to the potential buyer;
3. The manufacturer's warranties for each component contained in the features and amenities list;
4. Any and all representations regarding the quality of construction of the residential d welling including the warranty that the dwelling is constructed in a good, workmanlike manner;
5. Any and all discrepancies between the residential dwelling unit sought to be sold to the potential buyer and the developer's model dwelling displayed by the developer;
6. The buye r's right to in spect and approve the functionality of each major component contained in the features and amenities list and the quality of construction of the residential dwelling and to require the developer to remedy any substant ial defects therein pursu ant to Section 15.40.060 of this chapter;
7. The distance between the residential dwelling unit sought to be sold from any property which is being used or zoned for an agricultural use and a disclaimer regarding the length of time that the agricultural use or zone shall continue. The disclaimer shall read as follows:
"NOTICE REGARDING AGRICULTURAL USES
Please be advised that many properties within the city of Chino are presently being used for agricultural purposes or are zoned for agricultural purposes. The distance between this residential dwelling and the nearest property currently being used for agricultural purposes is ____________. The distance between this residential dwelling and the nearest property zoned for agricultural purposes is ____________.
In addition, you are hereby advised that t he seller of this residential unit cannot represent the period of time that nearby properties used or zoned for agricultural purposes will continue to be so used or zoned. Because the n earby properties used or zoned for agric ultural purposes involve comple x and legal factual questions, no representation can be made, nor should be made, regarding the length of time that these nearby properties will continue to be used or zoned for agricultural purposes."
8. The current zoning of all surrounding properties within six hundred sixty feet of the residential dwelling offered for sale by the developer; provided, that such notice has been approved by the director of community development;
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9. The name, address and phone number of th e developer's representative authorized to effectuate and coordinate compliance with the provisions of this chapter; and
10. The schedule and procedure by which the developer intends to comply with the provisions of this chapter.
B. Concurrent with the execution of any documents for the sale and purchase of a residential dwelling, the developer shall again provide the information contained in subsection A of this section and obtain the buyer's acknowledgment of re ceipt thereof. Furthermore, the developer, as a condition for the issuance of occupancy, shall make available upon request, the buyer's acknowledgment of receipt of said information to the building official.
15.40.030 - Features and amenities.
Prior to the issuance of building permits for any residential dwelling, the developer shall create and maintain a list of features and amenities. The list of features and amenities shall contain the following information:
A. Each major component to be installed in each residential dwelling including, but not limited to, refrigerators, stoves, microwave ovens, dishwashers, garbage disposals, trash compactors, heating and air conditioning units, solar units, vacuum units, swimm ing pools, spas, patios, landscaping and alarm systems;
B. Any and all representations to be made to the buyers of the residential dwellings pertaining to the features and amenities to be installed, the quality of construction of the residential dwellings including the normal warranty that the residential unit wi ll be constructed in a good workmanlike manner, and any other representation regarding the developer's efforts to comply with the provisions of this chapter;
C. The name, address and phone numbe r of the developer's representative authorized to effectuate and coordinate compliance with the provisions of this chapter; and D. The schedule and procedure by which the developer intends to comply with the provisions of this chapter.
15.40.040 - Developer's security deposit.
A. Prior to the issuance of building permits, the developer shall pay a fee for the inspection of each residential dwelling to ensure compliance with the city's building ordinances, the functionality of the dwelling's major com ponents as contained in the developer's warranties, conditions of approval as may be imposed by the approving authority in accordance with the provisions of Title 20 (Zoning) of this code, environmental mitigation measures i mposed in accordance with the Ca lifornia Environmental Quality Act (Public Resources Code Se ctions 21000 through 21177) and the provisions of Chapter 9.40 (Noise) of this code.
B. The fee to be paid by the developer shall be in an amount and in the form specified by the building official, who may require cash, bonds, letters of credit or any combination thereof.
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15.40.050 - City's inspection.
A. At the request of the new homeo wner, within ninety days after the close of escrow, the building official shall inspect, or cause to be inspected, each residential dwelling to insure the developer's compliance with the requirements of this chapter. For this purpose, the building official may contract with independent inspectors to conduct the inspections required by this chapter and is authorized to execute said contracts subject to the approval of th e city attorney.
The costs of the services of any such inspector shall be paid by the developer.
B. The building official shall require the developer to make any and all corrections reasonably necessary to bring each residential dwelling into compliance with the requirements of this chapter. The building officia l's corrections shall be based upon the in spector's findings and recommendations.
15.40.060 - Buyer's inspection.
A. Prior to the close of escrow for the sale of each residential unit, the developer shall afford the bu yer the opportunity to inspect and approve the operational aspec ts of each major component contained within the features and amenities list and the quality of construction of the residential dwelling.
Thereafter, the developer and each buyer shall prepare a joint statement containing all corrections agreed to be made and all disputes for which no agreement has been reached. The joint statement shall also contain a time period by which all agreed corrections are to be made by the developer provided that the period shall not exceed ninety days from the date of the joint statement. Furthermore, the developer shall file the joint statement and make available upon request to the building official as a condition for the issuance of an occupancy for each residential dwelling.
B. Following occupancy, each buyer shall have ninety days from the close of escrow in which to register complaints with the developer regarding substantial defects or deviations of the requirements set forth in this chapter. Thereafter, the developer and buyer shall meet and confer in good faith regarding the resolution of the buyer's complaints or objections.
15.40.070 - Occupancy permits.
The building official may refuse to issue occupancy permits for an y residential dwelling unless and until the developer has complied with the requirements of this chapter including any and all corrections reasonably required by the building official.
15.40.080 - City's remedies.
A. In the event the developer fails to make the required corrections, the building official may, after fifteen days written notice to the develop er to make such corrections, utilize the developer's security and cause the corrections to be performed.
B. In the event a developer fails to comply with the requirements of this chapter, the building official may also refuse to issue any addi tional building permits or occupancy permits to said developer. Prior to doing so, the buil ding official shall notify the developer in writing that occupancy permits or building permits are being withheld pending compliance with this chapter, the reasons t herefor, an d notice the decision may be appealed pursuant to Chapter 15.70;
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provided, that a written notice of appeal and reasons therefor is filed with the city clerk within fifteen days of the decision of the building official.
C. In refusing to issue any additional building permit or occupancy permit to a developer, the building official may also issue such permits in phases so as to require the developer to comply with the provisions of this chapter on certain designated resident ial dwellings before receiving such permits on other residential dwellings.
15.40.090 - Attorney's fees and costs.
In the event that the buyer of a residential dwelling unit institutes legal action against the developer to compel compliance with this c hapter and prevails, the buyer shall be entitled to reasonable attorney's fees and costs.
Chapter 15.42 - GREEN BUILDING STANDARDS CODE
Sections:
15.42.010 - Adopted.
15.42.010 - Adopted.
There is adopted by reference the 2022 California Green Building Standards Code. That certain document, three copies of which are on file with the city of Chino, being marked and designated as the California Green Building Standards Code, 2022 Edition as copyrighted 2022 by the California Build ing Standards Commission, is adopted as the California Gr een Building Standards Code of the city of Chino.
Chapter 15.43 - BUILDING ENERGY EFFICIENCY STANDARDS CODE Sections:
15.43.010 - Adopted.
15.43.010 - Adopted.
There is adopted by refere nce the 2022 Building Energy Effic iency Standards For Residential and Nonresidential Buildings as published by the California Energy Commission. That certain document, three copies of which are on file with the city of Chino, being marked and designated as the Building Energy Efficiency St andards Code, 2022 Edition, is adopted as the Building Energy Efficiency Standards Code of the city of Chino.
Chapter 15.44 - ON-SITE CONSTRUCTION DEVELOPMENT
Sections:
15.44.010 - Plan checking and inspection—Required.
15.44.020 - Plan checking and inspection—Fee.
15.44.030 - Construction hours.
15.44.010 - Plan checking and inspection—Required.
To ensure compliance with state or local laws, each person constructing or causing to be constructed any building, dwelling, private, public, or semipublic development for commercial or
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industrial or related purposes, which proposes to utilize on -site drainage, shall prepare engineering drawings in accordance with the requirements, standards and specification s of the city, which shall be approved and inspected by the city engineer.
15.44.020 - Plan checking and inspection—Fee.
A fee shall be charged for all plans, reviewed and approved by the city engineer, and for inspection of the construction for such on-site drainage facilities construction development. The fee shall be in the amount prescribed in the Comprehensive Fee Schedule of the city, codified in Appendix I of this code, to offset the city's costs for all personnel, time, eq uipment, facilities and administration performed pursuant to this section.
15.44.030 - Construction hours.
A. Construction shall occur only between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday, with no construction allowed on Sundays and federal holidays. For the purposes of this section, construction shall m ean any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, streets and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations, or pile driving.
B. The director of development services may approve exceptions to the hours of construction noted in Subsection A of this section, provided that the change i n hours does not adversely impact the adjacent neighborhood.
Chapter 15.45 - CLIMATE ACTION PLAN IMPLEMENTATION
Sections:
15.45.010 - Purpose
15.45.020 - Mandatory and Voluntary Measures
15.45.030 - Residential Development
15.45.040 - Non-Residential Development
15.45.050 - Model Homes
15.45.060 - Energy Efficiency for Existing Buildings
15.45.070 - GHG Performance Standard for New Development
15.45.010 - Purpose.
The city' s climate action plan (CAP) incorporates a variety of reduction approa ches and strategies, including mandatory measures, incentive -based measures, public outreach and education, and coord ination with county, regional, and state strategies in order to accom plish emission reductions in an efficient and cost -effective manner. The purpose of this chapter is to establish CAP implementation requirements for existing buildings and new development that will contribute to the reduction of greenhouse gas (GHG) emissions.
15.45.020 - Mandatory and Voluntary Measures.
The 2022 California Green Building Standards Code, Title 24, Part 11 ("CALGreen") contains both mandatory and voluntary green building measures. Mandatory and voluntary measures are identified in the a ppropriate application checklists con tained in CALGreen. All new residential development shall comply with the mandatory measures of CALGreen Chapter 4, and are
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encouraged to implement vo luntary measures to further reduce greenhouse gas (GHG) emissions rel ated to development. In addition to m andatory measures of CALGreen, all new residential development shall comply with the measures identified in Section 15.45.030 of this code. All new no n-residential development shall comply with the mandatory measures of CALGreen Chapter 5, and are encourag ed to implement voluntary measures to further reduce GHG emissions related to development. In addition to the mandatory measures of CALGreen, all new non-residential development shall comply with the measures identified in Section
15.45.040 of this code.
15.45.030 - Residential Development.
The following measures are hereby adopted as mandatory measures, applicable to all new residential development:
A. Electric Vehicle (EV) Charging. Dwellings shall comply with the fo llowing requirements for future installation of electric vehicle supply equipment (EVSE).
1. One-and Two -family Dwellings. Install a listed raceway to accommodate a dedicated branch circuit. The raceway shall not be less than trade size 1. The raceway sh all be securely fastened at the main service or subpanel and shall terminate in close proximity to the proposed location of the charging system into a listed cabinet, box, or enclosure. Rac eways are required to be continuous at enclosed or concealed areas and spaces. A raceway may terminate in an attic or other approved location when it can be demonstrated that the area is accessible and no removal of materials is necessary to complete the final installation. i. Exception: Other pre -installation methods that provide sufficient conductor sizing and service capacity to install Level 2 EVSE.
ii. Labeling Requirement. A label stating "EV CAPABLE" shall be posted in a conspicuous place at the service panel or subpanel and next to the raceway termination point.
2. Appliance Rating. Each appliance provided by the builder must be a qualified ENERGY STAR appliance if an ENERGY STAR designation is applicable for that appliance.
3. Enhanced Const ruction Waste Reduction. Divert to recycle or salvage at least seventy percent of nonhazardous construction and demolition debris generated at the site.
15.45.040 - Non-Residential Development.
The following measures are hereby adopted as mandatory measures, applicable to all new non- residential development:
1. Appliance Rating. All equipment and appliances provided by the builder shall be ENERGY STAR labeled if ENERGY STAR is applicable to that equipment or appliance.
2. Enhanced Construct ion Waste Reduction. Divert to recycle or salvage at least seventy percent of nonhazardous construction and demolition debris generated at the site.
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15.45.050 - Model Homes.
At least one model home/unit for each residen tial development shall offer and display energy - saving options and signage identifying standard and opti onal features that contribute to the overall efficiency of the home. Handout materials shall be made available in the model home describing the optional features, including costs, benefits, energy savings, etc.
15.45.060 - Energy Efficiency for Existing Buildings.
Energy efficiency upgrades are required when a building permit is issued for any addition or alteration to non-residential buildings, or when a building permit is issued for any addition or alteration with a project valuation of sixty-five thousand dollars or more to a residential building.
In all cases of additions or alterations that trigger the requirement , compliance is required as follows:
1. Applicants will dedicate an additional amount of ten percent of project valuation toward energy upgrades, up to a maximum of twenty thousand dollars beyond the original permit valuation for the addition or alteration.
2. Energy upgrades that can be coun ted toward meeting this requirement include those that are part of the original addition or alteration that exceed local and state requirements, and those that are beyond the original scope of the project that meet or exceed local and state requirements.
3. The building official will have the flexibility to determine substantial compliance with this section in cases where practical difficulties make it infeasible to meet the requirements. A project proponent would need to demonstrate in writing that the requ irements are financially infeasible, that they are infeasible within the project timeframe, that the products needed are not available, or that other practical difficulties exist.
15.45.070 - GHG Performance Standard for New Development.
All new development in the city shall contribute to the reduction of greenhouse gas emissions by demonstrating consistency with the climate action plan by implementing one or a combination of the following three options:
1. Exceed by three percent the mandatory California Energy Code Title 24, Part 6 standards, in effect at the time of development application submittal for discretionary review; or
2. Achieve an equivalent reduction through voluntary measures in the Califor nia Green Building Standards Code, Title 24, Part 11 (CALGreen) in effect at the time of development application submittal for discretionary review; or
3. Provide other equivalent G HG reductions through measures including, but not limited to, non-vehicle transportation infrastructure, transit, ZEV (zero emission vehicle) infrastructure or other incentives, waste diversion, water conservation, tree planting, renewable energy option packages, or any combination of these or other measures such that GHG emiss ions are reduced by 0.04 MT CO2e per residential dwelling unit per year and/or 0.11 MT CO2e per thousand square feet of commercial/industrial development per year.
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Applicants that ch oose Option 1 described above will be required to verify that their proje ct meets the three percent improvement above the mandatory standards through the appropriate certificate of compliance form for residential construction (CF -1R) or for commercial/indu strial construction (PERF-1C). Applicants that choose Options 2 or 3 described above will be required to utilize the GHG Performance Standard Checklist developed by the city, or provide other valid documentation, such as CalEEMod or other methodologies, as verified by the director of community development to demonstrate the req uired GHG reductions consistent with the city's CAP.
Chapter 15.46 - ROOFTOP SOLAR ENERGY SYSTEMS
Sections:
15.46.010 - Small Residential Rooftop Solar Energy System Review Process
15.46.010 - Small Residential Rooftop Solar Energy System Review Process.
A. The following words and phrases as used in this section are defined as follows:
Electronic submittal means the utilization of one or more of the following:
1. E-mail;
2. The internet;
3. Facsimile.
Small residential rooftop solar energy system means all of the following:
1. A solar energy system that is no larger than 3 8.4 kilowatts alternating current nameplate rating or thirty kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.
3. A solar energy system that is installed on a single or duplex family dwelling.
4. A solar panel or modu le array that does not exceed the maximum legal building height as defined in this Code or applicable provisions of state law.
Solar energy system has the same meaning set forth i n paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Co de, as such section or subdivision may be amended, renumbered, or re-designated from time to time.
B. Prior to submitting an application, the applicant shall:
1. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
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