The City hereby makes Finding 1 and determines that this impact is Less Than Significant with implementation of mitigation measures and regulatory requirements.
Facts in Support of Finding:
Construction: The proposed construction activities would involve the routine transport, use, and disposal of hazardous materials such as paints, solvents, oils, grease, and caulking during construction activities. In addition, hazardous materials would routinely be needed for fueling and servicing construction equipment on the site. These types of materials are not acutely hazardous, and all storage, handling, use, and disposal of these materials are regulated by fed eral and state regulations that are implemented by the County of San Bernardino and the City of Chino during building permitting for construction activities. As a result, hazardous material impacts related to construction materials would be less than significant.
The Modified Project site contains soils contaminated with organochlorine pesticides (OCPs) and dieldrin that would require excavation and disposal as part of excavation and grading activities.
The contaminated soils would need to be excavated and removed during Modified Project excavation and grading activities as required by DTSC, California Integrated Waste Management Board, and the RWQCB. Due to the existence of the contaminated soils and excavation activities that would occur during Modified Project construction, implementation of the proposed Modified Project has the potential to result in a hazard to the public or environment.
Pursuant to the Phase I and Phase II Environmental Site Assessment, the Modified Project would require excavation of contaminated soils to approximately 5 feet below the existing ground surface in areas identified as LB30, LB43, LB48, LB49, and LB52 on Draft EIR Figure 5.5-1. As a result, Mitigation Measure HAZ -1 would be implemented to reduce the potential risks related to accidental release and exposure of people and the environment to the contaminated soils. With implementation of Mitigation Measure HAZ-1, impacts related to hazards from contaminated soils would be less than significant.
Operation: Operation of the prop osed Modified Project would include activities related to residential development, which generally would use hazardous materials including solvents, cleaning agents, paints, pesticides, batteries, and aerosol cans. Although residents of the Modified Project would utilize common types of hazardous materials generally classified as household hazardous waste, normal routine use of these products would not result in a significant hazard to residents or workers in the vicinity of the Modified Project. Therefore, operation of the proposed Modified Project would not result in a significant hazard to the public or to the environment 140
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through the routine transport, use, or disposal of hazardous waste during operation of the proposed Modified Project. Impacts would be less than significant.
Mitigation Measures:
Mitigation Measure HAZ -1: Site Management Plan. Prior to iss uance of a grading permit, a Site Management Plan (SMP) shall be prepared by a qualified hazardous materials consultant and shall detail procedures and protocols for excavation and disposal of onsite hazardous materials, including:
• A certified hazardous waste hauler shall remove all potentially hazardous soils. Excavation of contaminated soils shall be to the depth of approximately 5 feet below the existing ground surface in areas identified in the Phase I and Phase II Environmental Site Assessment (Tetra Tech 2016). In addition, sampling of soil shall be conducted during excavation in the southern and western portions of the site, in areas identified in the Phase I and Phase II Environmental Site Assessment (Tetra Tech 2016), to ensure residential Regional Screening Levels are not exceeded. Excavated materials shall be transported per California Hazardous Waste Regulations to a landfill permitted by the state to accept hazardous materials. • Any subsurface materials exposed during construction activities that appear suspect of contamination, either from visual staining or suspect odors, shall require immediate cessation of excavation activities. Soils suspected of contamination shall be segregated from other soils to be tested for potential contamination. If co ntamination is found to be present per Environmental Screening Levels (ESLs), any further proposed groundbreaking activities within areas of identified or suspected contamination shall be conducted according to California Hazardous Waste Regulations.
• A Health and Safety Plan (HSP) shall be prepared for each contractor that addresses potential safety and health hazards and includes the requirements and procedures for employee protection. The HSP shall also outline proper soil handling procedures and health a nd safety requirements to minimize worker and public exposure to hazardous materials during construction.
• All SMP measures shall be printed on the construction documents, contracts, and Project plans prior to issuance of grading permits.
Impact Finding: The City has considered the EIR, and its analysis of hazards and hazardous materials, and hereby finds that Modified Project would not create a significant hazard to the public or the environment through reasonably foreseeable upset or accident conditions in volving the release of hazardous materials into the environment (Draft EIR Page 5.5-19).
The City hereby makes Finding 1 and determines that this impact is Less Than Significant with implementation of mitigation measures and regulatory requirements. 141
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Facts in Support of Finding:
Construction: Improper use, storage, transportation and disposal of hazardous materials and wastes could result in accidental spills or releases, posing health risks to workers, the public, and the environment. Thus, implementation o f the proposed Modified Project could potentially result in the accidental release of hazardous materials such as chemical products typically used in construction as fuels, oils, etc. The use of BMPs during construction, implemented as part of a Stormwater Pollution Prevention Plan (SWPPP) as required by the National Pollution Discharge Elimination System General Construction Permit (and included as PPP HYD-1), would minimize potential adverse effects to workers, the public, and the environment.
Contaminated soils: The Phase I and Phase II ESA prepared for the Modified Project site identified that onsite soils contain concentrations of organochlorine pesticides, including: 4,4’ -DDE, 4,4’- DDT, and dieldrin that exceed Regional Screening Levels in s hallow soils throughout the southwestern portion of the site (shown in Draft EIR Figure 5.5-1). In addition, concentrations of dieldrin were found to exceed Regional Screening Levels along the southern and western portions of the site. Due to the existence of the contaminated soils, implementation of the proposed Modified Project has the potential to result in the accidental release of hazardous materials into the environment. As a result, Mitigation Measure Haz -1 would be implemented to reduce the potential risks related to accidental release and exposure of people and the environment to the contaminated soils. With implementation of existing regulations and Mitigation Measure HAZ-1, impacts related to contaminated soils would be less than significant.
Septic systems: Two septic systems were identified on the Modified Project site during the Phase I and Phase II investigation. The septic systems were determined not to be a hazardous materials concern; however, removal and disposal of the tanks during constru ction of the Modified Project would be required, pursuant to the permitting regulations and oversight of the San Bernardino County Division of Environmental Health Services. Compliance with applicable laws and regulations that would be required per the County’s permitting process would ensure that impacts related to removal and disposal of the septic systems would be less than significant.
Undocumented Hazardous Materials: The Modified Project site has a long history of various uses that includes use and st orage of hazardous materials. As a result, there is the potential for undocumented hazardous material to exist onsite. However, the existing federal and state regulations related to hazardous materials and construction includes procedures to follow in the case hazardous materials are uncovered during construction activities. Thus, with implementation of existing regulations and Mitigation Measure HAZ -1, impacts related to upset or accident conditions involving the release of hazardous materials into the env ironment would be less than significant.
Operation: The risks related to upset or accident conditions involving the release of hazardous materials into the environment would be adequately addressed through compliance with existing federal, State, and local regulations. The Modified Project involves the construction of residential uses that would use and store common hazardous materials such as paints, solvents, and cleaning products. Normal routine use of these products pursuant to existing regulations would not result in a significant hazard to the environment, residents, or workers in the vicinity of the Modified Project. In addition, a WQMP is required to be implemented for the Modified Project (as further 142
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discussed in Section 5.6, Hydrology and Water Quality and included as PPP HYD-1). The BMPs that would be implemented as part of the WQMP would protect human health and the environment should any accidental spills or releases of hazardous materials occur during operation of the Modified Project.
Mitigation Measures:
Mitigation Measure HAZ-1: Site Management Plan (SMP). As listed previously.
Regulatory Requirements:
PPP HYD -1: National Pollutant Discharge Elimination System (NPDES). As listed previously.
Tribal Cultural Resources
Impact Finding: The City has considered the EIR, and its analysis of impacts to tribal cultural resources, and hereby finds that Modified Project would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Pub lic Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, that considers the significance of the reso urce to a California Native American tribe (Draft EIR 5.16-8).
The City hereby makes Finding 1 and determines that this impact is Less Than Significant with implementation of mitigation measures.
Facts in Support of Finding: The Modified Project site has been heavily disturbed. The proposed Modified Project involves excavation; however, no substantial evidence exists that tribal cultural resources (TCRs) are present in the Modified Project site. Although, no TCRs have been identified, the Gabrieleño Band of Mission Indians – Kizh Nation has previously requested Native American monitoring during ground disturbance and provided information on the proximity of known Native American village sites to the proposed Modified Project area. To avoid potential adverse effects to undiscovered TCRs, Mitigation Measure s TCR-1 and TCR-1a have been included to provide for Native American resource sensitivity training and to prescribe activities should any inadvertent discoveries of TCRs be unearthed by Modified Project construction activities.
Additionally, California Health and Safety Code, Section 7050.5 requires that if human remains are discovered in the Modified Project site, disturbance of the site shall halt and remain halted until the coroner has conducted an investigation. If the coroner determines that the remains are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Therefore, with implementation of Mitigation Measures TCR-1 and TRC- 1a and the existing regulations, impacts to TCRs would be less than significant. 143
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Mitigation Measures:
Mitigation Measure CUL-1: Archaeological Resources. As listed previously.
Mitigation Measure TCR-1: Prior to commencement of any excavation activities, or the issuance of a grading permit and/or action that would permit site disturbance (whichever occurs first), the Project developer/Applicant shall provide a letter to the County of San Bernardino Planning Division/City of Chino Planning Division , or designee, and re tain a Native American Monitor from the Gabrieleño Band of Mission Indians Kizh-Nation to:
• Provide on-call services to address unanticipated prehistoric or tribal resources. The Native American Monitor shall be present at the pre -grading conference to esta blish procedures for tribal cultural resource surveillance.
• Conduct a Native American Indian Sensitivity Training for construction personnel. The training session shall include a handout and focus on how to identify Native American resources encountered during earthmoving activities and the procedures followed if resources are discovered, the duties of the Native American Monitor of Gabrieleño Ancestry, and the general steps the Monitor would follow in conducting a salvage investigation. • Monitor all Project-related, ground-disturbing construction activities (e.g., pavement removal, auguring, boring, grading, excavation, potholing, trenching, and grubbing) of previously undisturbed native soils. The Native American Monitor(s) shall be present on -site during the construction phases that involve ground disturbing previously undisturbed native soils and shall complete monitoring logs on a daily basis. The logs shall provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The monitor(s) shall possess Hazardous Waste Operations and Emergency Response (HAZWOPER) certification. The on-site monitoring shall end when the Project site grading and excavation activities of previously undisturbed native soils are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for tribal cultural resources. (**HAZWOPER certification is needed only if the site has hazardous concerns related to Mitigation Measure HAZ-1).
• Consult on unanticipated discovery of human remains and associated funerary objects:
o Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individu al human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. If funerary objects are discovered during grading or archeological excavations, they shall be treated in the same manner as bone fragments that remain intact and the construction contractor and/or qualified archeologist shall consult with the Gabrieleno Band of Mission Indians – Kizh Nation (Tribe). o As specified by California Health and Safety Code Section 7050.5, if human remains are found on the Project site during construction or during archaeological work, the County Coroner’s office shall be immediately notified and no further excavation or 144
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disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98 The Coroner would determine within two working days of being notified, if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC would make a determina tion as to the Most Likely Descendent. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains shall be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard shall be posted outside of working hours. If the remains are Native American, the Tribe shall make every effort to recommend diverting the Project an d keeping the remains in situ and protected. If the Project cannot be diverted, it may be determined that burials shall be removed and the Project applicant/developer shall arrange a designated site location within the footprint of the project for the resp ectful reburial of the human remains and/or ceremonial objects, if possible. The Tribe shall work closely with the qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the T ribe, documentation shall be taken which includes at a minimum detailed descriptive notes and sketches. Additional types of documentation shall be approved by the Tribe for data recovery purposes.
Cremations shall either be removed in bulk or by means as n ecessary to ensure complete recovery of all material. If the discovery of human remains includes 4 or more burials, the location is considered a cemetery and a separate treatment plan shall be created. The Project developer/Applicant shall consult with the Tribe regarding avoidance of all cemetery sites. Once complete, a final report of all activities shall be submitted to the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive diagnostics on human remains. o Each occurrence of human remains and associated funerary objects shall be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony shall be removed to a secure container on site if possible. These items shall be retained and reburied within six months of recovery.
The site of reburial/repatriation shall be on the Project site but at a location mitigated between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
Mitigation Measure TCR-1a: Retain a Native American Monitor Prior to Commencement of Ground Disturbance
A. The Project Applicant/Developer shall retain a Native American monitor from (or approved by) the the Gabrieleno Band of Mission Indians -Kizh Nation (“Tribe”). The monitor shall be retained prior to the commencement of any “ground-disturbing activity” fo r the subject Project, at all Project locations (i.e., both on -site and any off -site locations that are included in the Project 145
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description/definition and/or required in connection with the Project, such as public improvement work). “Ground -disturbing activity” includes, but is not limited to, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. Monitors from the Gabrieleno Band of Mission Indians-Kizh Nation shall provide Native America monitoring services.
B. The Project Applicant/Developer shall provide documentation of its retention of a Native American monitor, as provided in Mitigation Measure TCR -1, to the County Planning Department/City Planning Division prior to the earlier of the commencement of any ground-disturbing activity for the project, or the issuance of any permit necessary to commence a ground-disturbing activity.
C. The Project Applicant/Developer shall provide the Tribe with a minimum of 15 days advance written notice of the commencement of any project ground-disturbing activity so that the Tribe has sufficient time to secure and schedule a monitor for the project.
D. The Project Applicant/Developer shall hold at least one pre -construction sensitivity/educational meeting p rior to the commencement of any ground - disturbing activities, where at a senior member of the Tribe(s) will inform and educate the Project’s construction and managerial crew and staff members (including any Project subcontractors and consultants) about th e TCR mitigation measures and compliance obligations, as well as places of significance located on the Project site (if any), the appearance of potential TCRs, and other informational and operational guidance to aid in the Project’s compliance with the TC R mitigation measures. The Native American Tribe(s) shall be notified of and allowed to attend the pre -grading meeting with the County/City and Project construction contractors and/or monitor all Project mass grading and trenching activities. In the event that suspected tribal cultural resources are unearthed, the Native American Tribe(s) shall have the authority to redirect earth moving activities in the affected area.
E. The monitor will complete daily monitoring logs that will provide descriptions of th e relevant ground -disturbing activities, the type of construction activities performed, locations of ground -disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the Tri be. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant/Lead Agency upon written request.
F. Native American monitoring for the Project shall conclude upon the latter of the following: (1) written confirmation from a designated Project point of contact to the Tribe representatives that all ground -disturbing activities and all phases that may 146
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involve ground-disturbing activities on the project site and at any off -site Project location are complete; or (2) written notice by the Tribe to the Project Applicant/Developer and the County Planning Department/City Planning Division that no future, planned construction activity and/or development/construction phase (known by the Tribe at t hat time) at the Project site and at any off -site project location possesses the potential to impact TCRs.
G. Any and all archaeological or cultural documents created as a part of the Project (isolate records, site records, survey reports, testing report s, etc.) shall be supplied to the Project Applicant/Developer and the County Planning Department/City Planning Division for dissemination to the Gabrieleno Band of Mission Indians - Kizh Nation. The County Planning Department/City Planning Division and/or Project Applicant/Developer shall, in good faith, consult with the Tribe until all ground disturbing activities of the Project are completed.
6. FINDINGS FOR GROWTH INDUCEMENT
Section 15126.2(e) of the State CEQA Guidelines requires the EIR to address the growth-inducing impact of the Modified Project. Draft EIR Section 5.10 evaluates the potential for the Modified Project to affect economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding envir onment. The proposed Modified Project would install new o ffsite sewer infrastructure systems and upon approvals, would connect to existing offsite systems that currently have capacity to serve the Yorba Villas residential units and surrounding area. The ne w offsite infrastructure would not provide additional capacity beyond what is needed to serve the Yorba Villas residential project . In addition, development of the proposed Modified Project would not result in an expansion of overall capacity, or extension of major infrastructure. Therefore, based on its consideration of the EIR, the City hereby finds infrastructure improvements would not result in significant growth inducing impacts.
7. FINDINGS FOR SIGNIFICANT IRREVERSIBLE EFFECTS
Section 15126.2(d) of the C EQA Guidelines requires that an EIR address significant irreversible environmental changes caused by the proposed Modified Project should it be implemented.
Generally, a project would result in significant irreversible environmental changes if one of the following scenarios is involved:
• The primary and secondary impacts would generally commit future generations to similar uses; • The project would involve a large commitment of nonrenewable resources; • The project would involve uses in which irreversible damage could result from any potential environmental accidents associated with the project; or • The consumption of irretrievable commitments of resources is not justified (e.g., the project involves the wasteful use of energy).
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The proposed Modified Project would not result in or contribute to any of the significant environmental changes mentioned above. The Modified Project would not involve a large commitment of nonrenewable resources as impacts related to energy were less than significant and would not involve the wasteful use of energy or result in an irreversible damage from any potential environmental accidents associated with the Modified Project . The Modified Project would develop offsite sewer infrastructure to serve residential homes that would not involve the use of hazardous materials. In addition, the Modified Project would not result in irreversible damages that could result from any potential en vironmental accidents as associated with the Modified Project.
8. FINDINGS PURSUANT TO CEQA GUIDELINES § 15162
Pursuant to CEQA Guidelines § 15162, the City hereby finds, on the basis of substantial evidence in light of the whole record, including but not limited to the Addendum prepared by the City and attached hereto as CEQA Findings Exhibit A and incorporated herein by reference, the following:
(a) No substantial changes are proposed in the Modified Project which will require major revisions of the EIR (SCH No. 2021060049) due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) No substantial changes have occurred with respect to the circumstances under whi ch the Modified Project is undertaken which will require major revisions of the EIR ( SCH No. 2021060049) due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (c) No new information of substantial importance, which was no known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete that shows that (i) the Modified Project will have one or m ore significant effects not discussed in the EIR, (ii) significant effects previously examined will be substantially more severe than shown in the EIR, (iii) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce on or more significant effects of the Modified Project , but the Modified Project proponents decline to adopt the mitigation or alternative, or (iv) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the Modified Project proponents decline to adopt the mitigation or alternative.
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CEQA FINDINGS EXHIBIT A
Addendum #1 To The
Final Environmental Impact Report
For The Yorba Villas Residential Project
SCH# 2020120545
149
ADDENDUM #1 TO THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE YORBA VILLAS
RESIDENTIAL PROJECT
SCH # 2020120545
June 2023
Responsible Agency:
City of Chino
13220 Central Avenue
Chino, CA 91710
Project Applicant:
Borstein Enterprises
11766 Wilshire Boulevard #820
Los Angeles, CA 90025
3333 Michelson Drive Suite 500
Irvine, CA 92612
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Contents
1 INTRODUCTION ........................................................................................................................................................ 1
1.1 REGULATORY SETTING ................................................................................................................................. 1 2 BACKGROUND ......................................................................................................................................................... 2 3 EXISTING SETTING ................................................................................................................................................... 3
3.1 PROJECT LOCATION ..................................................................................................................................... 3
3.2 EXISTING PROJECT SITE ................................................................................................................................ 3
3.3 EXISTING LAND USES AND ZONING DESIGNATION ............................................................................ 3
3.4 SURROUNDING LAND USES ........................................................................................................................ 3 4 PROJECT DESCRIPTION ........................................................................................................................................ 11
4.1 PREVIOUSLY APPROVED PROJECT OVERVIEW ................................................................................... 11
4.2 MODIFIED PROJECT OVERVIEW .............................................................................................................. 11 5 DISCRETIONARY APPROVALS, PERMITS, AND STUDIES ............................................................................... 11 6 CEQA ANALYSIS .................................................................................................................................................... 17 7 APPLICABLE APPROVED FEIR MITIGATION MEASURES ................................................................................ 24 8 DETERMINATION ................................................................................................................................................... 24 9 REFERENCES ............................................................................................................................................................ 25
Figures
Figure 1: Regional Location .............................................................................................................................................. 5 Figure 2: Local Vicinity ...................................................................................................................................................... 7 Figure 3: Aerial View ......................................................................................................................................................... 9 Figure 4: Approved Project Site Plan .......................................................................................................................... 13 Figure 5: Proposed Sewer Plan .................................................................................................................................... 15 Tables
Table 1: Surrounding Land Use and Zoning Designations .......................................................................................... 4 Table 2: Project Impacts ................................................................................................................................................. 19
Appendices
A. Air Quality and Greenhouse Gas Impact Analysis
B. Mitigation and Monitoring and Reporting Program
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1 INTRODUCTION
The City of Chino is considering approval for the pre-annexation agreement pursuant to which the city would provide sewer service to the Project Site and the applicant would support the potential annexation of the Project site from unincorporated San Bernardino County into the City of Chino for two parcels totaling 13.35-acres (Assessor’s Parcel Number (APN) 1013-211-21 and 2013-211- 22). The sewer service connection would be utilized to serve the Yorba Villas Residential Project (Tentative Tract Map No. 20394 ) approved by the County of San Bernar dino (County) in its capacity as CEQA Lead Agency . The City of Chino is a Responsible Agency for the Yorba Villas project and will utilize this document as evidence that the Modified Project which proposes to construct 1,432 feet of a 4-inch sewer lateral, 1,698 feet of an 8-inch sewer main in Yorba Avenue and 6 48-inch diameter sewer manholes per City of Chino standards qualifies for an Addendum, which is further described below.
1.1 REGULATORY SETTING
Pursuant to Section 21166 of the California Environmental Quality Act (CEQA) and Section 15162 of the State CEQA Guidelines, when an Environmental Impact Report (EIR) has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for the Modified Project unless the agency determines, on the basis of substantial evidence, that one or more of the following conditions are met:
1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3) New information of substanti al importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was adopted shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR. b. Significant effects previously examined will be substantially more severe than identified in the previous EIR.
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponent declines to adopt the mitigation measures or alternatives. d. Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would subs tantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives.
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Section 15164 of the State CEQA Guidelines states that an Addendum to an EIR shall be prepared if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.
On October 4, 2022 , an EIR was certified and the Yorba Villas Residential Proje ct Final Environmental Impact Report (Final EIR) was approved under Tentative Tact Map (TTM) No. 20394 (Approved Project) in October 2022 (SCH # 2020120545). The City has received a request to connect the Approved P roject to the City’s sewer line in Yorba Avenue , which is located directly southeast of the previously Approved Project (Modified Project). The Modified Project proposes to construct 1,432 feet of a 4-inch sewer lateral, 1,698 feet of an 8-inch sewer main in Yorba Avenue and 6 48-inch diameter sewer manholes per City of Chino standards.
This Addendum reviews the changes proposed by the Modified Project and any changes to the existing conditions that have occurred since the Final EIR was certified. It also reviews any new information of substantial importance that was not known and could n ot have been known with exercise of reasonable diligence at the time that the Approved Project was approved. It further examines whether, as a result of any changes or any new information, a subsequent MND or EIR may be required. This examination includes an analysis pursuant to the provisions of Section 21166 and Section 15162 of the State CEQA Guidelines, which includes an analysis of potential environmental impacts on a topic-by-topic basis.
On the basis of the findings of the Modified Project and the provisions of the State CEQA Guidelines, the City of Chino, as the Responsible Agency, determined that, as documented in this Addendum to the previously Certified Final EIR, no subsequent MND or EIR is required to review the Modified Project application.
2 BACKGROUND
The Approved Project authorizes the development and operation of a 45-unit residential project on approximately 13.35-acres. The Approved Project includes a County Policy Plan Amendment to increase the allowed density on the project site from Very Low Density Residential (VLDR) to Low Density Residential (LDR), Zoning Amendment to change the zoning from Single Residential 1-acre Minimum (RS -1) to Single R esidential (RS) , Planned Development Permit to allow for reduced setbacks from County Development Code Standards, and a TTM to subdivide the Project site into 45 numbered lots for residential use and 2 lettered lots for emergency vehicle access in the unincorporated area. The Approved Project was previously analyzed in the Final EIR certified by the County of San Bernardino in October 2022. The Approved Project can be identified with State Clearinghouse Number (SCH) 2020120545.
The certified Final EIR did not identify any significant and unavoidable impacts of the Approved Project. Environmental impacts considered less than significant with mitigation incorporated included:
Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, and Tribal Cultural Resources . Less than significant impacts included: Aesthetics, Agriculture, Air Quality, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services Recreation, Transportation, and Utilities.
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3 EXISTING SETTING
3.1 PROJECT LOCATION
The Project site is located at 4570 Francis Avenue (APNs 1013 -211-21 and 1013 -211-22) in unincorporated San Bernardino County within the City of Chino Sphere of Influence. Areas across from Francis Avenue (to the south) are within the City of Chino. Areas across from Yorba Avenue (to the east) are within unincorporated San Bernardino County . The site is located at the northwest corner of the intersection of Francis Avenue and Yorba Avenue. Regional access to the Project site is generally provided via State Route 60 (SR-60) at the Ramona Avenue exit. The regional location of the Modified Project site is shown in Figure 3-1, Regional Location. Local access to the Modified Project site is provided by Francis Avenue as shown in Figure 3-2, Local Vicinity.
3.2 EXISTING PROJECT SITE
The Project site consists of two parcels totaling 13.35-acres. The parcel on the corner of Francis and Yorba Avenue (the southeastern most portion of the Project site) was developed with a single-family residence; a guest cottage, swimming pool, storage shed, mobile home, bird cage area, and a horse stable, but in 2018 the owner demolished all structures, and the site is currently an empty lot.
The second parcel is adjacent to the first and is roughly divided into three sections: 1) the western section, 2) the middle section, and 3) the eastern section. The western portion of the site was developed with approximately 28 small single -family residences between 1938 and 1997. The structures in this area were demolished in 1997 (Tetra Tech 2016); however, some of the concrete slabs remain onsite. An aerial view of the Project site is shown as Figure 3-3, Aerial View.
In 1960, the central portion of the site was developed into a rabbit farm that operated until 2002.
Since the closure of the rabbit farm in 2002, the vacant portion of the site has been utilized as grazing land for goats raised on a nearby site. The middle section also contains numerous elongated slabs. The eastern section of the vacant parcel is undeveloped vacant land that was used for goat grazing.
3.3 EXISTING LAND USES AND ZONING DESIGNATION
As approved by the County, the Project site has an existing San Bernardino Countywide Plan land use designation of Low Density Residential ( LDR) which allows for a maximum of 2 to 5 dwelling units per acre and is zoned Single Residential (RS) that allows 4 dwelling units per acre.
3.4 SURROUNDING LAND USES
The Project site is located within an urban area that is either fully developed or planned for urban development.
North: The site is bound to the north by two homes on l arge unkept lots improved with butler buildings and storage areas within unincorporated San Bernardino County, designated as Very Low Density Residential and zoned Single Residential 1-Acre Minimum (RS-1).
South: The site is bound to the south by Francis Avenue followed by single-story residential housing.
The western portion of the street is within unincorporated San Bernardino County, designated as Very Low Density Residential and zoned Single Residential 1 -Acre Minimum (RS -1). The easterly portion is wi thin the City of Chino and zoned Residential two dwelling units per acre (RD 2) with homes on approximately 16,000 square foot lots.
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West: The site is bound to the west by several deep lots that have a mix of commercial storage, truck storage, goat keeping, and residences within unincorporated San Bernardino County, designated as Very Low Density Residential and zoned Single Residential 20,000 square foot (RS- 20M).
East: The site is bound to the east by Yorba Avenue followed by single -story residential housing within unincorporated San Bernardino County , designated as Very Low Density Residential and zoned Single Residential 1-Acre Minimum (RS-1).
Southeast: Residential housing within the City of Chino lies Southeast of the Project site, designated as Residential 4.5 units per acre (RD 4.5) with minimum 7,100 square foot lots.
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Regional Location
Figure 1
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Figure 2
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Figure 3
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4 PROJECT DESCRIPTION
4.1 PREVIOUSLY APPROVED PROJECT OVERVIEW
The Final EIR analyzed the 13.35-acre Project site which included a Policy Plan Amendment, Zoning Amendment, Planned Development Permit, and a TTM to allow for 45 numbered lots for residential use and 2 lettered lots for emergency vehicle access in the unincorporated area the County of San Bernardino within the City of Chino’s sphere of influence. The proposed lot sizes ranged from 7,861 square feet to 13,838 square feet, which would result in a density of 3.37 dwelling units per acre.
The Approved Project site plan is shown in Figure 4, Approved Project Site Plan.
The previously Approved Project Description can be found in Chapter 3 of the Yorba Villas Residential Project Public Review Draft EIR (SCH #2020120545) and Chapter 3 of the Final EIR which is incorporated herein.
The Approved Project included, and the Final EIR analyzed , the installation of an 8-inch private sewer line onsite that would use a lift station to connect to the existing 21-inch Inland Empire Utility Agency (IEUA) Regional Sewage System interceptor in Yorba Avenue. The Final EIR analyzed construction of an approximately 123-foot, 4-inch force main (Off-Site Sewer Line) to connect the On-Site Sewer Line directly to the adjacent IEUA trunk line, with retail wastewater collection service to be provided by the Monte Vista Water District (MVWD) and wholesale wastewater treatment service to be provided by IEUA under contract with MVWD . The Approved Project now, however, proposes to connect to the City of Chino’s existing sanitary sewer system via a City-owned, existing sewer line in Yorba Avenue accessible to the Project, with retail wastewater collection service to be provided by the City and wholesale wastewater treatment service to be provided by IEUA unde r contract with the City, as discussed in more detail in Section 4.2.
4.2 MODIFIED PROJECT OVERVIEW
The City of Chino is proposing the adoption of a pre-annexation agreement pursuant to which the city would provide sewer service to the Project Site and the applicant would support the potential annexation of the Project site from unincorporated San Bernardino County into the City of Chino.
The Modified Project would connect to the City of Chino sewer system, as shown in Figure 5, Proposed Sewer Plan. The Modified Project includes the construction and trenching of 1,432 feet of a 4 -inch sewer lateral, 1,698 feet of an 8 -inch sewer main in Yorba Avenue and six 48-inch diameter sewer manholes per City of Chino standards. The sewer main line extension in Yorba Avenue would allow for the Project site to connect to the existing sewer line in Yorba Avenue and receive sewer services from the City of Chino, with ultimate wastewater treatment being provided by IEUA under contract with the City of Chino.
5 DISCRETIONARY APPROVALS, PERMITS, AND STUDIES
The following discretionary approvals, permits, and studies are anticipated for implementation of the Modified Project:
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Pre-annexation agreement pursuant to which the city would provide sewer service to the Project Site and the applicant would support the potential annexation of the Project site from unincorporated San Bernardino County into the City of Chino. 165
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Figure 4
Approved Project Site Plan
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Figure 5
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6 CEQA ANALYSIS
If approved by the City of Chino, the Modified Project would be constructed and connect to the City of Chino sewer system. A summary of the Modified Project’s impacts are provided in Table 2 below.
Table 2: Modified Project Impacts
Environmental Topic Impacts
Aesthetics: The previously certified Final EIR determined the Approved Project would result in less than significant impacts. The site is within an urbanized area . Motorists traveling along Francis Avenue and Yorba Avenue experience partial, fleeting views of the San Gabriel Mountains and Chino Hills to the north and south, respectively. The Modified Project is not within the vicinity of a designated state scenic highway as shown in the California Department of Transportation’s (Caltrans) State Scenic Highway Mapping System. The Modified Project does not propose a building nor any structure that would physically obstruct views of the San Gabriel Mountains or Chino Hills. The Modified Project would not include additional sources of light and glare .
Therefore, the Modified Project would be consistent with findings from the Final EIR and no new impacts would occur.
Agriculture and Forest Resources: The previously certified Final EIR determined the Approved Project would result in no significant impacts. According to the California Department of Conservation’s Important Farmland Finder, the site is classified as Urban and Built -Up Land .
Additionally, the site is zoned as Single Residential, 1 -acre minimum (RS-1) and is not designated as agricultural or forest land. The Modified Project site is not currently being used for agricultural or foresting purposes. Therefore, the Modified Project is consistent with the findings in the Approved Project and no new impacts would occur.
Air Quality: The previously certified Final EIR determined the Approved Project would result in less than significant impacts. The trenching included with the proposed sewer line extension was analyzed and included as Appendix A to this addendum. The maximum daily regional emissions resulting from the trenching combined with the Approved Project emissions would not exceed SCAQMD thresholds as shown in Table 1 of Appendix A . The maximum daily local emissions generated by the trenching phase was combined with the emissions generated for the Approved Project.
As shown in Table 2 of Appendix A, the Modified Project would not exceed SCAQMD Localized Significance Thresholds (LSTs) when combined with the Approved Project. Thus, emissions would remain less than significant and no new impacts would occur.
Biological Resources: The previously certified Final EIR determined the Approved Project would result in less than significant impacts with mitigation incorporated. The General Biological Resources Assessment prepared for the Approved Project determined that the
Approved Project would result in less than significant impacts to 170
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candidate, sensitive, or special status species . In addition, the Approved Project site is not designated as a sensitive natural community nor a federally protected wetland. The Tree
Preservation Report prepared for the Approved Project
determined that the site does not contain trees protected by the County Development Code. The Modified Project does not
change the site boundary of the Approved Project. Therefore, the Modified Project would be consistent with the findings from the Final EIR. Due to the presence of ornamental trees onsite, mitigation measure BIO-1 from the Final EIR has been included to avoid construction activities during nesting bird season to the extent possible. If construction activities must occur during nesting season, a qualified biologist would perform a pre -construction survey for active migratory bird nests. If present onsite, no impacts within a specified buffer would be allowed to occur until the nest is deemed inactive. With implementation of mitigation measure BIO-1, impacts from the Modified Project would continue to be less than significant and no new impacts would occur.
Cultural Resources: The previously certified Final EIR determined the Approved Project would result in less and significant impacts with mitigation incorporated. The site is vacant and does not contain any existing structures on the site and would not result in impacts to historical resources. The Cultural Resource Assessment prepared for the Final EIR found that the closest cultural resource is within one mile of the site. Although no cultural resources have been identified on the site, construction activities would have the potential to disturb unknown archaeological resources on the site. Therefore, in the unlikely event that archaeological resources are encountered during grading activi ties, mitigation measure CUL-1 from the Final EIR has been included to ensure that an archaeological monitor is present during ground disturbing activities and a Treatment and Disposition Plan (TDP) be established prior to the commencement of ground disturbing activities to provide a process for infield treatment of inadverte nt discoveries. With implementation of CR-1, no new impacts would occur.
Energy: The previously certified Final EIR determined the Approved Project would result in less than significant impacts. The Modified Project would require a new sewer connection, which would require a negligible increase in construction energy consumption from the previously Approved Project. As determined in the Approved Project, construction would be required to comply with all existing regulations and would therefore not be expected to use fuel in a wasteful, inefficient, or unnecessary manner.
Therefore, with compliance with applicable construction regulation, the Modified Project would continue to have less than significant impacts related to construction energy consumption. In addition, with compliance to Title 24 requirements, o peration of the Approved Project was determined to be less than significant.
The Modified Project would not c hange the operational
characteristics of the Approved Project and is therefore consistent 171
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with what was analyzed in the Final EIR. No new impacts would occur.
Geology and Soils: The previously certified Final EIR determined the Approved Project would result in less than significant impacts with mitigation incorporated. The Modified Project site is not located in an Alquist-Priolo Fault Zone as shown in the California Department of Conservation’s California Earthquake Hazards Zone
Application. The site is subject to ground -shaking hazards from earthquakes on regional fault systems capable of producing moderate to severe ground shaking . However, t he Modified Project does not include the development of any structures, and therefore, would not result in impacts. As the Modified Project does not include any structures , impacts related to landslides, erosion/loss of topsoil, expansive soils , and seismic-related ground failure such as liquefaction would not occur.
The Cultural Resources Assessment prepared for the Approved Project included a paleontological resources overview and found that the site contains Quaternary alluvial fan deposits and that the Approved Project would be unlikely to encounter significant vertebrate fossils. However, deeper excavations could extend into older finer-grained Quaternary deposits that may encounter significant remains of fossil vertebrates. As such, mitigation measure GEO-1 from the Final EIR has been included to require the preparation of a Paleontological Resources Impact Mitigation Plan and implementation of paleontological monitoring during ground disturbance activities. With implementation of mitigation measure GEO-1, the Modified Project impacts would continue to be less than significant, and no new impacts would occur.
Greenhouse Gas Emissions: The previously certified Final EIR determined the Approved Project would result in less than significant impacts. GHG emissions from the c onstruction and operation of the Approved Project would be below SCAQMD thresholds. The trenching required for the Modified Project was analyzed and included in Appendix A to this addendum. The Modified Project would generate an additional 2 metric tons of carbon dioxide
equivalent (MTCO2e). Construction of t he Modified Project and Approved Project combined would result in a total of 696 MTCO2e (23 MTCO2e per year amortized over 30 years). Once operational, the Approved Project and Modified Project would result in 823 MTCO 2e per year which is below the SCAQMD significance threshold of 3,000 MTCO2e per year for residential projects. Thus, the Modified Project would be consistent with what was analyzed in the Final EIR and no new impacts would occur.
Hazards and Hazardous Materials: The previously certified Final EIR determined the Approved Project would result in less than significant impacts with mitigation incorporated. Operation of the Yorba Villas residential development would not require the substantial routine use of hazardous materials such that transport , disposal, or accidental release of such substances would result in a significant hazard to the public or environment. The Approved Project site is not within 172
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the vicinity of a school nor airport influence area. In addition, the Approved Project is not located on a site included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 nor a high fire hazard severity zone. The Modified Project would not change the site location or site boundary of the Approved Project ; therefore, no new impacts would occur. The Modified Project does not propose changes to the surrounding roadways or drive access. Therefore, the Modified Project would not result in impacts related to the impairment of an emergency response plan or evacuation plan.
Due to the presence of contaminated soils onsite, mitigation measure HAZ -1 from the Final EIR has been included to be implemented prior to and during construction. Mitigation measure HAZ-1 requires the preparation of a Site Management Plan (SMP) for the proper procedures and protocols to be taken during the excavation and disposal of the contaminated soils.
With implementation of mitigation measure HAZ-1, the Modified Project would be consistent with the findings from the Final EIR and would result in less than significant impacts.
Hydrology and Water Quality: The previously certified Final EIR determined the Approved Project would result in less than significant impacts. As determined in the Final EIR, with implementation of a storm water pollution prevention plan (SWPPP) and water quality management plan (WQMP), the Approved Project would result in less than
significant impacts related to water quality, erosion, and surface runoff. In addition, impacts related to conflicts with a water quality control plan or sustainable groundwater management plan would be less than significant with compliance to a WQMP.
The Modified Project does not propose the addition of any structures, impervious surfaces, or use of groundwater. Therefore, operation of the Modified Project would be consistent with what was analyzed in the Final EIR. In addition, construction of the sewer connection would be required to implement a SWPPP. As such, the Modified Project would be consistent with the findings from the Final EIR and would result in less than significant impacts related to hydrology and water quality . Thus, no new impacts would occur.
Land Use and Planning: The previously approved Final EIR determined the Approved Project would result in less than significant impacts. The Approved Project included a Zoning Map Amendment that would change the existing zoning designation from RS-1 (Single Residential 1- Acre Minimum) to RS (Single Residential) to implement the proposed residential Project.
The RS zone is designated for single-family residential uses with a maximum density of 4 units per acre. The Approved Project consists of development of 45 single-family residences. Although the density of the residences exceeds the allowed density by the existing RS -1 zone, with implementation of the proposed RS zoning designation, the Approved Project would not conflict with 173
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the zoning code. The Modified Project would not physically divide an established community or conflict with a land use plan, policy or regulation. . As such, the Modified Project would be consistent with the findings from the Final EIR and would result in less than significant impacts. Thus, no new impacts would occur.
Mineral Resources: The previously approved Final EIR determined the Approved Project would result in less than significant impacts. The San Bernardino County Countywide Plan designates the project site as being located within MRZ -3 which is an area containing mineral deposits and the significance can’t be evaluated. The site was previously used for residential uses and was not used for mineral extraction. As such, the Approved Project would not result in the loss of availability of a known mineral resource as the mineral resource was not previously available for extraction. The Modified Project is consistent with what was analyzed in the Final EIR and no impacts would occur.
Noise: The previously approved Final EIR determined the Approved Project would result in less than significant impacts. Construction of the Modified Project would be compliant with Section
9.40.040 of the City’s Noise Ordinance which limits construction between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday. Additionally, operation of the Modified Project would not create any additional no ise that was not evaluated in the Approved Project Final EIR. Thus, no new impacts would occur.
Population and Housing: The previously approved Final EIR determined the Approved Project would result in less than significant impacts. The Approved Project would increase housing by approximately 0.0002
percent of the projected increase in households for the County and would redevelop the site with 45 single -family residences and would not displace a substantial number of existing people or housing. The Modified Project would not include the removal or construction of housing on the site. The Modified Project is consistent with what was analyzed in the Final EIR and no impacts would occur.
Public Services: The previously approved Final EIR determined the Approved Project would result in less than significant impacts. The increase in residents onsite for the Approved Project is limited and would not increase demands such that the existing two fire stations within 3 miles of the Project site would not be able to accommodate servicing the project in addition to its existing commitments, and provision of a new or physically altered fire station would be required that could cause environmental impacts . Although an incremental increase could result from implementation of the project, the need for law enforcement services from the proposed project would not be significant when compared to the current service levels of the San Bernardino County Sheriff Department and the small residential nature of the Approved Project. The Approved Project would pay fees to the Chino Valley Unified School District pursuant to Government Code Section 65995 et seq. The Proposed Project would not require employees or 174
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implement residential uses on the site, and therefore, would not result in any impacts related to public services. No new impacts would occur from the implementation of the Modified Project.
Recreation: The previously approved Final EIR determined t he Approved Project would result in less than significant impacts. the proposed project would involve the construction of 45 single -family residences onsite and would increase demand for neighborhood and regional parks. The Approved Project would include a 6,791-square foot onsite park including a turf play area and tot lot that would provide recreational facilities for residents. In addition, each residence would include a backyard that would provide additional space for recreation. The Proposed Project would not add additional square footage that would increase the use of recreational facilities. Thus, the Proposed Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such th at substantial physical deterioration of the facility would occur or be accelerated. In addition, San Bernardino County Development Code Section
89.02.010 requires the developer dedicate lands or to pay fees in lieu thereof, or a combination of both, for park or recreational purposes. The Modified Project is consistent with what was analyzed in the Final EIR and no impacts would occur.
Transportation: The previously approved Final EIR determined the Approved Project would result in significant and unavoidable impacts.
Implementation of the Approved Project would result in both short-term construction traffic and long -term operational traffic.
However, as per the trip generation estimates in the approved scoping agreement, the project does not generate more than 100 trips during both the AM and PM peak hour. (EPD Solutions 2021).
The project also does not add more than 50 trips to any intersection during the AM and PM peak hours hence no
intersections are required to be analyzed. As the project screens out as per these criteria mentioned in the San Bernardino County Transportation Impact Guidelines, a Transportation Impact Study was not required for the proposed residential development and impacts related to conflicting with a program plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities would be less than significant. The Modified Project would not generate operational trips and construction r elated trips would be temporary and nominal due to the scope of the Modified Project. Thus, impacts would be less than significant and no new impacts would occur.
Tribal Cultural Resources: The previously approved Final EIR determined the Approved Project would result in less than significant impacts with mitigation.
As part of the AB52 SB18 process for the Yorba Villas Residential Project, the County distributed letters notifying nearby tribes of the opportunity to consult on the Approved Project and assist the County. The Gabrieleño Band of Mission Indians – Kizh Nation requested Native American Monitoring during ground
disturbance and provided information on the proximity of known Native American village sites near the Project area. Mitigation 175
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Measure TCR -1 was included to provide for Native American resource sensitivity training, monitoring, and to prescribe activities should any inadvertent discoveries of tribal cultural resources be unearthed by Project construction activities. The sewer main line trenching would be required to comply with the Approved Project Mitigation Measure TCR-1 and TCR-1a. With implementation of MM TCR-1 and TCR-1a, impacts would be less than significant and no new impacts would occur.
Utilities/Service Systems: The previously approved Final EIR determined the Approved Project would result in less than significant impacts.
The Modified Project would construct a sewer main that would connect to the City of Chino’s sewer system. The City of Chino operates and main tains a local sewer collection system that drains into trunk sewers owned by the Inland Empire Utilities Agency ( IEUA) that conveys the sewage to IEUA’s RP -
1wastewater treatment plant for treatment. This plant has a treatment capacity of 44 million gallons per day and treats an average wastewater flow of approximately 28 million gallons per day. The IEUA uses a wastewater demand rate of 270
gallons per day per housing unit. Therefore, the proposed 45 - unit residential project would generate an estimated 12,150 gallons per day which would be 0.03 percent of the total capacity of the treatment plant. Thus, the existing capacity of the wastewater treatment plant would be able to accommodate this increase. Therefore, implementation of the proposed Project would not result in impacts related to wastewater treatment provider capacity . The Modified Project would not require additional water infrastructure n or create waste . Therefore, no impacts would occur.
Wildfire: The previously approved Final EIR screened out wildfire in the Initial Study. During construction and long -term operation, the project would be required to maintain adequate emergency access for emergency vehicles via project roadways as required by the County. Adjacent areas to the project site are urbanized and do not contain hillsides or other factors that could exacerbate wildfire risks and result in exposure of persons to pollutant concentrations from a wildfire. Additionally, the project site is not within an area identified as a Fire Hazard Severity Zone as identified in the HZ-5 Fire Hazard Severity Zone Map within the Countywide Policy Plan that may contain substantial fire risk (Policy Plan 2020) . The additional trenching required for the Proposed Project would not interfere with an adopted emergency response plan or evacuation plan or exacerbate fire risks. Thus, no new impacts would occur.
The Modified Project would not result in further major modifications to the previously Approved Project. Therefore, Modified Project changes would not be anticipated to result in new or greater significant impacts beyond those identified in the previously adopted Final EIR and overall Modified Project impacts would be less than significant after mitig ation. The Modified Project would be 176
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required to comply with all applicable mitigation, local, State, and federal regulations and policies included in the approved environmental documentation.
7 APPLICABLE APPROVED FEIR MITIGATION MEASURES
The Modified Project would implement all mitigation measures included in the Mitigation Monitoring and Reporting Program ( MMRP) from the Final EIR. The MMRP has been modified to reflect the change in agency responsible for implementing the mitigation measures. With implementation, all impacts would be less than significant. Therefore, the Modified Project would not introduce any new Project-specific mitigation measures.
8 DETERMINATION
As set forth in State CEQA Guidelines Section 15164(b), an agency may prepare an addendum to a prior CEQA document: “An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.”
This Addendum is the appropriate CEQA documentation for the Project because:
• the Project does not change the land use that was previously approved, the impacts of which were previously analyzed in the Final EIR for the project approved under the County of San Bernardino;
• the Project would not permit an intensification of uses that would lead to increased environmental impacts beyond those that are already analyzed in the Final EIR; • the Project does not modify previously analyzed project in a substantive way; • no new Project-specific mitigation measures are required; • none of the conditions identified in Public Resources Code Section 21166 or Section 15162 of the CEQA Guidelines apply; and,
• no new significant adverse Project-specific or cumulative impacts in any environmental areas were identified, nor would any project-specific or cumulative impacts in any environmental areas be made worse as a result of implementing the Project.
Therefore, pursuant to State CEQA Guidelines Section 15164, this document serves as an Addendum to the Certified Final EIR prepared for the original Approved Yorba Villas Residential Project FEIR. It is the independent judgment of City of Chino Staff that the proposed changes to the Modified Project do not require the preparation of a subsequent MND or EIR as described in State CEQA Guidelines Section 15162.
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9 REFERENCES
2020/2021 Biological Assessment Update for Francis Avenue Residential Development Project located in San Bernardino County, California. Prepared by Hernandez Environmental Services, 2021 (Hernandez 2021). Appendix A.
Caltrans California Scenic Highway System Map (Caltrans 2019). Accessed:
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1 aacaa
City of Chino Municipal Code. Accessed:
https://library.municode.com/ca/chino/codes/code_of_ordinances
County of San Bernardino Countywide Plan. Accessed: http://countywideplan.com/wp- content/uploads/2020/08/CWP_PolicyPlan_PubHrngDraft_HardCopy_2020_July.pdf
County of San Bernardino Municipal Code. Accessed:
https://codelibrary.amlegal.com/codes/sanbernardino/latest/sanberncty_ca/0-0-0- 72092#JD_83.07.030
EPD Solutions, Inc. Air Quality and Greenhouse Gas Impact Analysis for the Sewer Trenching required for the Yorba Villas Residential Project. June 14, 2023. Appendix A.
General Biological Resources Assessment. Prepared by Psomas, 2016 (Psomas 2016).
Geotechnical EIR Due-Diligence Level Report (Geotechnical Report). Prepared by Leighton and Associates, Inc., 2019 (GEO 2019).
Inland Empire Utilities Agency Regional Water Recycling Plant No. 1. Accessed:
https://www.ieua.org/regional-water-recycling-plant-no-1/ Phase I Cultural and Paleontological Resources Assessment, 2020. Prepared by Material Culture Consulting (MCC 2020).
Phase I Environmental Site Assessment: 4664 and 4570 Francis Avenue Chino, California 91710 and Phase II Environmental Site Assessment: 4570 Francis Avenue Chino, California 91710, 2016. Prepared by Tetra Tech (Tetra Tech 2016).
Preliminary Hydrology Study for Tentative Tract No. 20394 (MDS 2021). Prepared by MDS Consulting, 2021.
Preliminary Water Quality Management Plan for Tentative Tract No. 20394 (APN 1013-211-21 and 1013-211-22) (WQMP 2021). Prepared by MDS Consulting, 2021.
San Bernardino County Geologic Hazards Maps. Accessed:
http://cms.sbcounty.gov/lus/planning/zoningoverlaymaps/geologichazardmaps.aspx San Bernardino Countywide Plan. Natural Resources Element. Accessed:
http://countywideplan.com/policy-plan/beta/nr/
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San Bernardino County Development Code. Accessed:
https://codelibrary.amlegal.com/codes/sanbernardino/latest/sanberncty_ca/0-0-0-77511
Tree Preservation Report for Yorba Villas Residential, Chino. Prepared by Arborgate Consulting, Inc., 2020
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Addendum Appendix A
AQ and GHG Impact Analysis
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This technical memorandum presents an analysis of the Air Quality and greenhouse gas (GHG) impact for the proposed Yorba Villas Residential Project Addendum, located on the northwest corner of Francis Avenue and Yorba Avenue in the County of San Bernardino. The City of Chino is proposing the adoption of a pre - annexation agreement pursuant to which the city would provide sewer service to the Project Site and the applicant would support the annexation of the Project site from unincorporated San Bernardino County into the City of Chino.
Upon approval of the pre -annexation agreement, the Project would be constructed and would connect to the City of Chino sewer system (Modified Project) . The Modified Project includes the construction and trenching of 1,432 feet of a 4-inch sewer lateral, 1,698 feet of an 8-inch sewer main in Yorba Avenue and six 48-inch diameter sewer manholes per City of Chino standards. The sewer main line extension in Yorba Avenue would allow for the Project site to connect to the existing sewer line in Yorba Avenue and receive sewer services from the City of Chino. The project site is shown in Figure 1 Project Site. To support the CEQA document for the proposed project, this report analyzes the proposed project’s construction and operational impacts to air quality (emission of criterial pollutants) emissions using the California Emissions Estimator Model (CalEEMod) land use emission model.
Summary of Air Quality, Energy and GHG Impact
Air Quality:
The project’s maximum daily emissions (regional and local) for the added trenching would not exceed the emissions disclosed in the Approved EIR; therefore, the project would continue to have a less than significant construction air quality impact.
GHG:
The additional trenching would generate 2 MTCO2e, which when added to the total construction GHG emissions from the Approved EIR would result in 696 MTCO2e (23 MTCO2e per year amoritized over 30 years). When added to the Approved EIR total operational GHG emissions, the project with additional trenching would result in 823 MTCO2e per year , below the SCAQMD Significance threshold of 3,000 MTCO2e per year for residential projects. Therefore, the project would continue to have a less then significant impact on GHG emissions.
To: City of Chino Planning Division
From: Alex J. Garber
Date: 6/14/2023
Re: Air Quality and Greenhouse Gas Impact Analysis for the Sewer Trenching required for the Yorba Villas Residential Project
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Trenching Analysis Summary
Air Quality Impact Tables
Regional Emissions
The SCAQMD has adopted maximum daily emission thresholds 1 (pounds/day) for the criteria pollutants during construction and operation of a project. While incremental regional air quality impacts of an individual project are generally very small and difficult to measure, SCAQMDs regional maximum emission thresholds set standards to reduce the burden of SCAQMD to attain and maintain ambient air quality standards. The regional thresholds apply to the criteria pollutants mentioned above and can be found in Table 1: Regional Construction Emissions Estimates and Table 2 : Regional Operational Emissions Estimates along with the CalEEMod projects emissions. These emission thresholds include the project emissions generated both from onsite sources (such as off -road construction equipment and fugitive dust) and offsite source s (vehicle travel leaving and arriving to the site). Table 1 shows the daily emissions generated by the trenching phase, as well as the maximum daily emissions disclosed in the Approved EIR. As can be seen in Table 1, the trenching phase would result in lower daily emissions than disclosed in the Approved EIR and would continue to result in less than significant regional air quality impacts.
Table 1. Additional Trenching Regional Construction Emission Estimates Construction Activity
Maximum Daily Regional Emissions
(pounds/day)
ROG NOx CO SOx PM10 PM2.5
Trenching 1.2 9.1 13.0 0.0 0.8 0.4
Maximum Daily
Emission from the
Approved EIR
28.2 45.5 31.7 0.1 9.3 5.8
SCAQMD
Significance
Thresholds
75 100 550 150 150 55
Threshold
Exceeded? No No No No No No
Local Emissions
Localized significance thresholds (LSTs) were also adopted by the SCAQMD due to project -related construction or operational air emissions having the potential to exceed the state and national air quality standards in the project vicinity, while not exceeding the regional emission significance thresholds adopted by the SCAQMD. These thresholds set the maximum rates of daily construction or operational emissions from a project site that would not exceed a national or State ambient air quality standard 2. The differences between regional thresholds and LSTs are as follows:
1. Regional thresholds include all sources of project construction and operational emissions generated from onsite and offsite emission sources whereas the LSTs only consider the emissions generated from onsite emission sources.
2. LSTs only apply to CO, NOx, PM10, and PM2.5, while regional thresholds include both ROG and SOx.
1 SCAQMD April 2019. Found on 9/3/2020 at http://www.aqmd.gov/docs/default- source/ceqa/handbook/scaqmd-air-quality-significance-thresholds.pdf 2 SCAQMD 2008: Final Localized Significance Threshold Methodology. Referenced on 9/3/2020 at http://www.aqmd.gov/docs/defaultsource/ceqa/handbook/localized-significance-thresholds/final-lst- methodology-document.pdf
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3. Regional Thresholds apply to emission sources located anywhere within the SCAQMD whereas the LSTs are location dependent and also depend on the size of the project, and emission location relative to the nearest sensitive receptor.
A sensitive receptor is defined as an individual who is most su sceptible to negative health affects when exposed to air pollutants including children, the elderly, and adults with chronic health issues. Such receptors include residences, schools, elderly care centers, and hospitals. SCAQMD provides screening look up tables (Appendix C of the SCAQMD 2008 Final Localized Significance Threshold Methodology)3 for projects that disturb less than or equal to 5 acres in size in a day. These tables were created to easily determine if the daily emissions of NOx, CO, PM10, and PM2.5 from a project could result in a significant impact to the local air quality. The thresholds are determined by:
• Source receptor area (SRA), the geographic area within the SCAQMD that can act as both a source of emissions and a receptor of emission i mpacts (project is located within SRA 33, Southwest San Bernardino Valley),
• Size of the project,
• Distance to the nearest sensitive receptor.
The phase with the most significant impact is the site preparation phase, which would grade 3.5 acres per day, so 3.5 acres were used for the look up tables. T he thresholds between 2 acres and 5 acres from Appendix C were interpolated as the tables give thresholds for 2-acre and 5-acre sites. Distance to the nearest sensitive receptor also determines the emission thresholds. The sensitive receptors closest to the project include residential homes across Yorba Avenue and Francis Avenue and on the project boundary, about 20 feet, to the west and north . These receptors (distance from the project property line to the residential structure) are less than the minimum distance provided in the lookup tables (25 meters). Therefore, 25 meters (82 feet) was used. Table 3: Localized Construction Emission Estimates shows the thresholds and estimated maximum daily construction emissions for the proposed project.
Table 2 shows the maximum daily local emissions generated by the trenching phase, as well as the maximum daily emissions disclosed in the Approved EIR. As shown in Table 2, the trenching phase would result in lower emissions than disclosed in the Approved EIR and would continue to have less than significant localized construction air quality impact.
Table 2. Additional Trenching Localized Construction Emission Estimates Construction Activity
Maximum Daily Local Emissions
(pounds/day)
NOx CO PM10 PM2.5
Trenching 8.9 10.8 0.4 0.3
Maximum Daily Emission from the
Approved EIR 46.4 30.9 9.1 5.8
SCAQMD Significance Thresholds 220 1,713 11 7
Threshold Exceeded? No No No No
Greenhouse Gas
SCAQMD has convened a Greenhouse Gas Emissions (GHG) CEQA Significance Threshold Working Group to help lead agencies determine significance thresholds for GHG emissions when SCAQMD is not the lead
3 SCAQMD 2008: Final Localized Significance Threshold Methodology Appendix C. Referenced on 9/16/2020 at http://www.aqmd.gov/docs/default-source/ceqa/handbook/localized-significance-thresholds/appendix-c-mass- rate-lst-look-up-tables.pdf?sfvrsn=2
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agency. The last working group was held September 2010 (Mee ting No. 15) 4 and proposed a tiered approach, equivalent to the existing consistency determination requirements in CEQA Guidelines Sections 15064(h)(3), 15125(d), or 15152(a). The most recent proposal issued in Meeting No. 15 uses a tiered approach, Tier 1 to Tier 5, to evaluate potential GHG impacts from various uses. This assessment will apply the Tier 3: Numerical Screening Thresholds approach. Tier three consists of screening values, which the lead agency can choose, but must be consistent with all pro jects within its jurisdiction. A project’s construction emissions are averaged over 30 years and are added to the project’s operational emissions. If a project’s emissions are below one of the following screening thresholds, then the project impact would be is less than significant:
• Option 1: All land use types: 3,000 MT CO2e per year
• Option 2: Based on land use type: residential: 3,500 MT CO 2e per year; commercial: 1,400 MT CO2e per year; or mixed use: 3,000 MT CO2e per year
Executive Order S-3-05’s year 2050 goal is the basis of SCAQMD’ draft Tier 3 screening level thresholds.
The objective of the Executive Order is to contribute to capping worldwide CO2 concentrations at 450 ppm, stabilizing global climate change. The County of San Bernardino utilizes option 1, and therefore the threshold is 3,000 MT CO2e per year.
The trenching phase and the project’s construction GHG emissions disclosed in the Approved EIR are shown in Table 3. Table 4 shows the updated amortized emissions added to the operational emissions disclosed in the Approved EIR. As shown in Table 4, the addition of GHG emissions generated the trenching phase to the GHG emissions disclosed in the Approved EIR would continue to have a less than significant GHG impact.
Table 3. Approved EIR Project Construction GHG Emissions with additional Trenching Activity Annual GHG Emissions
(MTCO2e)
Trenching 2
Total Construction
Emissions from
Approved EIR
694
Total Construction
Emissions
696
Total Emissions
Amortized Over 30
Years
23 4 SCAQMD 2010. Minutes of the GHG CEQA Significance Threshold Stakeholder Working Group #15. Referenced on 9/21/2020 at: http://www.aqmd.gov/docs/default-source/ceqa/handbook/greenhouse-gases-(ghg)-ceqa- significance-thresholds/year-2008-2009/ghg-meeting-15/ghg-meeting-15-minutes.pdf 184
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Table 4. Approved EIR Project Total GHG Emissions with additional Trenching Activity Annual GHG Emissions
(MTCO2e)
Project Operational Emissions
Area 12
Energy 169
Mobile 572
Waste 27
Water 20
Total Project Gross
Operation Emissions
800
Project Construction
Emissions 23
Total Emissions 823
Significance Threshold 3,000
Threshold Exceeded? No
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6 Figure 1: Project Site
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7 CalEEMod Output Sheets
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Y orba Villas Residential Detailed Report
Table of Contents
1. Basic Project Information
1.1. Basic Project Information
1.2. Land Use Types
1.3. User-Selected Emission Reduction Measures by Emissions Sector
2. Emissions Summary
2.1. Construction Emissions Compared Against Thresholds
2.2. Construction Emissions by Y ear, Unmitigated
3. Construction Emissions Details
3.1. Trenching (2023) - Unmitigated
4. Operations Emissions Details
4.10. Soil Carbon Accumulation By Vegetation Type
4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated
4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated
4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated 188
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5. Activity Data
5.1. Construction Schedule
5.2. Off-Road Equipment
5.2.1. Unmitigated
5.3. Construction Vehicles
5.3.1. Unmitigated
5.4. Vehicles
5.4.1. Construction Vehicle Control Strategies
5.5. Architectural Coatings
5.6. Dust Mitigation
5.6.1. Construction Earthmoving Activities
5.6.2. Construction Earthmoving Control Strategies
5.7. Construction Paving
5.8. Construction Electricity Consumption and Emissions Factors
5.18. Vegetation
5.18.1. Land Use Change
5.18.1.1. Unmitigated
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5.18.1. Biomass Cover Type
5.18.1.1. Unmitigated
5.18.2. Sequestration
5.18.2.1. Unmitigated
6. Climate Risk Detailed Report
6.1. Climate Risk Summary
6.2. Initial Climate Risk Scores
6.3. Adjusted Climate Risk Scores
6.4. Climate Risk Reduction Measures
7. Health and Equity Details
7.1. CalEnviroScreen 4.0 Scores
7.2. Healthy Places Index Scores
7.3. Overall Health & Equity Scores
7.4. Health & Equity Measures
7.5. Evaluation Scorecard
7.6. Health & Equity Custom Measures
8. User Changes to Default Data
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1. Basic Project Information
1.1. Basic Project Information
Data Field Value
Project Name Y orba Villas Residential
Construction Start Date 1/1/2024
Lead Agency —
Land Use Scale Project/site
Analysis Level for Defaults County
Windspeed (m/s) 2.60
Precipitation (days) 9.20
Location 34.041646563075815, -117.70415388283972
County San Bernardino-South Coast
City Unincorporated
Air District South Coast AQMD
Air Basin South Coast
TAZ 5213
EDFZ 10
Electric Utility Southern California Edison
Gas Utility Southern California Gas
App Version 2022.1.1.13
1.2. Land Use Types
Land Use Subtype Size Unit Lot Acreage Building Area (sq ft) Landscape Area (sq ft)
Special Landscape
Area (sq ft)
Population Description
Other Asphalt
Surfaces
4.30 Acre 4.30 0.00 0.00 — — —
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City Park 0.51 Acre 0.51 0.00 22,215 22,215 — —
Single Family
Housing
45.0 Dwelling Unit 8.81 87,750 527,079 — 149 —
1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected
2. Emissions Summary
2.1. Construction Emissions Compared Against Thresholds Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Un/Mit. ROG NOx CO SO2 PM10T PM2.5T CO2e
Daily, Winter (Max) — — — — — — —
Unmit. 1.17 9.09 13.0 0.02 0.79 0.43 2,101
Average Daily (Max) — — — — — — —
Unmit. 0.03 0.25 0.36 < 0.005 0.02 0.01 57.8
Annual (Max) — — — — — — —
Unmit. 0.01 0.05 0.07 < 0.005 < 0.005 < 0.005 9.56
Exceeds (Daily Max) — — — — — — —
Threshold 75.0 100 550 150 150 55.0 —
Unmit. No No No No No No —
Exceeds (Average
Daily)
— — — — — — —
Threshold 75.0 100 550 150 150 55.0 —
Unmit. No No No No No No —
Exceeds (Annual) — — — — — — —
Threshold — — — — — — 3,000
Unmit. — — — — — — No
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2.2. Construction Emissions by Y ear, Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Y ear ROG NOx CO SO2 PM10T PM2.5T CO2e
Daily - Summer (Max) — — — — — — —
Daily - Winter (Max) — — — — — — —
2023 1.17 9.09 13.0 0.02 0.79 0.43 2,101
Average Daily — — — — — — —
2023 0.03 0.25 0.36 < 0.005 0.02 0.01 57.8
Annual — — — — — — —
2023 0.01 0.05 0.07 < 0.005 < 0.005 < 0.005 9.56
3. Construction Emissions Details
3.1. Trenching (2023) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10T PM2.5T CO2e
Onsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Daily, Winter (Max) — — — — — — —
Off-Road Equipment 1.01 8.89 10.8 0.02 0.36 0.33 1,658
Dust From Material
Movement
— — — — 0.00 0.00 —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Average Daily — — — — — — —
Off-Road Equipment 0.03 0.24 0.29 < 0.005 0.01 0.01 45.4 Dust From Material
Movement
— — — — 0.00 0.00 —
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Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Off-Road Equipment 0.01 0.04 0.05 < 0.005 < 0.005 < 0.005 7.52 Dust From Material
Movement
— — — — 0.00 0.00 —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Offsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Daily, Winter (Max) — — — — — — —
Worker 0.17 0.20 2.26 0.00 0.42 0.10 443
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Average Daily — — — — — — —
Worker < 0.005 0.01 0.07 0.00 0.01 < 0.005 12.3
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Worker < 0.005 < 0.005 0.01 0.00 < 0.005 < 0.005 2.04
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4. Operations Emissions Details
4.10. Soil Carbon Accumulation By Vegetation Type
4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Vegetation ROG NOx CO SO2 PM10T PM2.5T CO2e
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Daily, Summer (Max) — — — — — — —
Total — — — — — — —
Daily, Winter (Max) — — — — — — —
Total — — — — — — —
Annual — — — — — — —
Total — — — — — — —
4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use ROG NOx CO SO2 PM10T PM2.5T CO2e
Daily, Summer (Max) — — — — — — —
Total — — — — — — —
Daily, Winter (Max) — — — — — — —
Total — — — — — — —
Annual — — — — — — —
Total — — — — — — —
4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Species ROG NOx CO SO2 PM10T PM2.5T CO2e
Daily, Summer (Max) — — — — — — —
Avoided — — — — — — —
Subtotal — — — — — — —
Sequestered — — — — — — —
Subtotal — — — — — — —
Removed — — — — — — —
Subtotal — — — — — — —
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— — — — — — — —
Daily, Winter (Max) — — — — — — —
Avoided — — — — — — —
Subtotal — — — — — — —
Sequestered — — — — — — —
Subtotal — — — — — — —
Removed — — — — — — —
Subtotal — — — — — — —
— — — — — — — —
Annual — — — — — — —
Avoided — — — — — — —
Subtotal — — — — — — —
Sequestered — — — — — — —
Subtotal — — — — — — —
Removed — — — — — — —
Subtotal — — — — — — —
— — — — — — — —
5. Activity Data
5.1. Construction Schedule
Phase Name Phase Type Start Date End Date Days Per Week Work Days per Phase Phase Description Utilities Trenching 12/4/2023 12/15/2023 5.00 10.0 —
5.2. Off-Road Equipment
5.2.1. Unmitigated
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Phase Name Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Utilities Dumpers/Tenders Diesel Average 2.00 8.00 16.0 0.38 Utilities Excavators Diesel Average 4.00 8.00 36.0 0.38 Utilities Plate Compactors Diesel Average 4.00 8.00 8.00 0.43 Utilities Skid Steer Loaders Diesel Average 1.00 8.00 71.0 0.37 Utilities Tractors/Loaders/Backh
oes
Diesel Average 2.00 8.00 84.0 0.37
5.3. Construction Vehicles
5.3.1. Unmitigated
Phase Name Trip Type One-Way Trips per Day Miles per Trip Vehicle Mix Utilities — — — —
Utilities Worker 32.5 18.5 LDA,LDT1,LDT2
Utilities Vendor — 10.2 HHDT,MHDT
Utilities Hauling 0.00 20.0 HHDT
Utilities Onsite truck — — HHDT
5.4. Vehicles
5.4.1. Construction Vehicle Control Strategies
Non-applicable. No control strategies activated by user.
5.5. Architectural Coatings
Phase Name Residential Interior Area Coated
(sq ft)
Residential Exterior Area Coated
(sq ft)
Non-Residential Interior Area
Coated (sq ft)
Non-Residential Exterior Area
Coated (sq ft)
Parking Area Coated (sq ft)
5.6. Dust Mitigation
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5.6.1. Construction Earthmoving Activities
Phase Name Material Imported (Cubic Y ards) Material Exported (Cubic Y ards) Acres Graded (acres) Material Demolished (sq. ft.) Acres Paved (acres) Utilities 0.00 0.00 0.42 0.00 —
5.6.2. Construction Earthmoving Control Strategies
Control Strategies Applied Frequency (per day) PM10 Reduction PM2.5 Reduction Water Exposed Area 3 74% 74%
5.7. Construction Paving
Land Use Area Paved (acres) % Asphalt
Other Asphalt Surfaces 4.30 100%
City Park 0.00 0%
Single Family Housing 0.50 0%
5.8. Construction Electricity Consumption and Emissions Factors kWh per Y ear and Emission Factor (lb/MWh)
Y ear kWh per Y ear CO2 CH4 N2O
2023 0.00 532 0.03 < 0.005
5.18. Vegetation
5.18.1. Land Use Change
5.18.1.1. Unmitigated
Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres 198
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5.18.1. Biomass Cover Type
5.18.1.1. Unmitigated
Biomass Cover Type Initial Acres Final Acres
5.18.2. Sequestration
5.18.2.1. Unmitigated
Tree Type Number Electricity Saved (kWh/year) Natural Gas Saved (btu/year)
6. Climate Risk Detailed Report
6.1. Climate Risk Summary
Cal-Adapt midcentury 2040–2059 average projections for four hazards are reported below for your project location. These are under Representation Concentration Pathway (RCP) 8.5 which assumes GHG emissions will continue to rise strongly through 2050 and then plateau around 2100.
Climate Hazard Result for Project Location Unit
Temperature and Extreme Heat 19.0 annual days of extreme heat Extreme Precipitation 5.10 annual days with precipitation above 20 mm Sea Level Rise 0.00 meters of inundation depth
Wildfire 0.00 annual hectares burned
Temperature and Extreme Heat data are for grid cell in which your project are located. The projection is based on the 98th historical percentile of daily maximum/minimum temperatures from observed historical data (32 climate model ensemble from Cal-Adapt, 2040–2059 average under RCP 8.5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
Extreme Precipitation data are for the grid cell in which your project are located. The threshold of 20 mm is equivalent to about ¾ an inch of rain, which would be light to moderate rainfall if received over a full day or heavy rain if received over a period of 2 to 4 hours. Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
Sea Level Rise data are for the grid cell in which your project are located. The projections are from Radke et al. (2017), as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider different increments of sea level rise coupled with extreme storm events. Users may select from four model simulations to view the range in potential inundation depth for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 50 meters (m) by 50 m, or about 164 feet (ft) by 164 ft. 199
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Wildfire data are for the grid cell in which your project are located. The projections are from UC Davis, as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider historical data of climate, vegetation, population density, and large (> 400 ha) fire history. Users may select from four model simulations to view the range in potential wildfire probabilities for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
6.2. Initial Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 2 0 0 N/A
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise 1 0 0 N/A
Wildfire 1 0 0 N/A
Flooding N/A N/A N/A N/A
Drought N/A N/A N/A N/A
Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation 0 0 0 N/A
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure.
The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt.
The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores do not include implementation of climate risk reduction measures.
6.3. Adjusted Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 2 1 1 3
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise 1 1 1 2
Wildfire 1 1 1 2
Flooding N/A N/A N/A N/A
Drought N/A N/A N/A N/A
Snowpack Reduction N/A N/A N/A N/A
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Air Quality Degradation 1 1 1 2
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure.
The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt.
The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores include implementation of climate risk reduction measures.
6.4. Climate Risk Reduction Measures
7. Health and Equity Details
7.1. CalEnviroScreen 4.0 Scores
The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state.
Indicator Result for Project Census Tract
Exposure Indicators —
AQ-Ozone 76.9
AQ-PM 93.2
AQ-DPM 17.5
Drinking Water 96.4
Lead Risk Housing 56.8
Pesticides 58.1
Toxic Releases 61.6
Traffic 6.28
Effect Indicators —
CleanUp Sites 46.1
Groundwater 22.1
Haz Waste Facilities/Generators 40.9
Impaired Water Bodies 12.5
Solid Waste 65.0
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Sensitive Population —
Asthma 41.7
Cardio-vascular 69.0
Low Birth Weights 37.2
Socioeconomic Factor Indicators —
Education 69.2
Housing 39.2
Linguistic 60.6
Poverty 58.9
Unemployment 30.9
7.2. Healthy Places Index Scores
The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.
Indicator Result for Project Census Tract
Economic —
Above Poverty 49.96791993
Employed 62.92826896
Median HI 60.82381625
Education —
Bachelor's or higher 43.64172976
High school enrollment 100
Preschool enrollment 56.08879764
Transportation —
Auto Access 49.51879892
Active commuting 3.37482356
Social —
2-parent households 27.61452586
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Voting 55.43436417
Neighborhood —
Alcohol availability 57.3206724
Park access 14.83382523
Retail density 20.1334531
Supermarket access 18.27280893
Tree canopy 20.67239831
Housing —
Homeownership 81.7400231
Housing habitability 65.26369819
Low-inc homeowner severe housing cost burden 62.59463621 Low-inc renter severe housing cost burden 33.82522777
Uncrowded housing 54.63877839
Health Outcomes —
Insured adults 69.70358014
Arthritis 20.9
Asthma ER Admissions 53.9
High Blood Pressure 33.3
Cancer (excluding skin) 27.6
Asthma 55.1
Coronary Heart Disease 28.5
Chronic Obstructive Pulmonary Disease 42.5
Diagnosed Diabetes 39.3
Life Expectancy at Birth 38.8
Cognitively Disabled 44.8
Physically Disabled 18.7
Heart Attack ER Admissions 22.9
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Mental Health Not Good 57.3
Chronic Kidney Disease 35.4
Obesity 48.4
Pedestrian Injuries 70.7
Physical Health Not Good 47.6
Stroke 39.4
Health Risk Behaviors —
Binge Drinking 50.7
Current Smoker 63.1
No Leisure Time for Physical Activity 55.3
Climate Change Exposures —
Wildfire Risk 0.0
SLR Inundation Area 0.0
Children 51.6
Elderly 48.0
English Speaking 74.3
Foreign-born 33.9
Outdoor Workers 27.5
Climate Change Adaptive Capacity —
Impervious Surface Cover 78.6
Traffic Density 14.6
Traffic Access 23.0
Other Indices —
Hardship 40.6
Other Decision Support —
2016 Voting 66.8
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7.3. Overall Health & Equity Scores
Metric Result for Project Census Tract
CalEnviroScreen 4.0 Score for Project Location (a) 64.0 Healthy Places Index Score for Project Location (b) 48.0 Project Located in a Designated Disadvantaged Community (Senate Bill 535) Y es Project Located in a Low-Income Community (Assembly Bill 1550) No Project Located in a Community Air Protection Program Community (Assembly Bill 617) No a: The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. b: The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.
7.4. Health & Equity Measures
No Health & Equity Measures selected.
7.5. Evaluation Scorecard
Health & Equity Evaluation Scorecard not completed.
7.6. Health & Equity Custom Measures
No Health & Equity Custom Measures created.
8. User Changes to Default Data
Screen Justification
Land Use Used Lot Acreage from architectural plan set.
Construction: Construction Phases Only Utilities (Trenching) is analyzed.
Construction: Off-Road Equipment Added typical equipment used for trenching.
Construction: Dust From Material Movement Trenching consists of an 8 diameter sewer line requiring a trench that is 2.5 feet wide (based on Standard Specification Section 02223 Trenching, Backfilling, and Compacting), 10 feet deep and 721.24 feet long (based on Sewer Improvement Plan).
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June 2023
Mitigation Monitoring and Reporting Program
1 Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Environmental Impact Report has been certified which identifies one or more significant adverse environmental effects and w here findings with respect to changes or alterations in the project have been made, to adopt a “…reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment” (CEQA, Public Resources Code Sections 21081, 21081.6).
A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented for the Yorba Villas Reside ntial Project (Approved Project). The Yorba Villas Residential Project Addendum (Modified Project) would be required to implement the mitigation measures that were adopted by the County of San Bernardino and outlined below . The MMRP has been modified to include the City of Chino and County of San Bernardino to reflect the potential annexation of the Project site. The County of San Bernardino is responsible for implementation of the MMRP as the Yorba Villas Residential Project was approved by the County. However, upon annexation, the City of Chino would be responsible for implementation of the MMRP. Thus, t his report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the indivi dual mitigation measures in the MMRP.
2 Mitigation Monitoring and Reporting Program
The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the County and/or City of Chino for the Approved Yorba Villas Residential Project and Modified Project . The table identifies the Project Design Features; Regulatory Requirements (RRs); and mitigation measures required by the C ounty and/or City of Chino to mitigate or avoid significant adverse impacts associated with the implementation of the Project, the timing of implementation, and the responsible party or parties for monitoring compliance.
The MMRP also includes a column that will be used by the co mpliance monitor (individual responsible for monitoring compliance) to document when implementation of the measure is completed. As individual Plan, Program, Policies; and mitigation measures are completed, the compliance monitor will sign and date the MMRP, indicating that the required actions have been completed.
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TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM
THE BLLOMINGTON BUSINESS PARK PROJECT EIR
Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
BIOLOGICAL RESOURCES
MM BIO-1: Nesting Birds. To the extent possible, construction activities (i.e., demolition, earthwork, clearing, and grubbing) within the Project site and offsite infrastructure areas, shall occur outside of the general bird nesting season for migratory birds, which is March 15 through August 31 for songbirds and January 1 through August 31 for raptors.
If construction activities (i.e., earthwork, clearing, and grubbing) must occur during the general bird nesting season for migratory songbirds (March 15 through August 31) and raptors (January 1 to August 31), a qualified biologist shall perform a pre-construction survey of potential nesting habitat to confirm the absence of active nests belonging to migratory birds and raptors afforded protection under the MBTA and California Fish & Game Code. The pre-construction survey shall be performed no more than three days prior to the commencement of construction activities. The results of the pre-construction survey shall be documented by the qualified biologist. If construction is inactive for more than seven days, an additional survey shall be conducted.
If the qualified biologist determines that no active migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further requirements. If the qualified biologist determines that an active migratory bird or raptor nest is present, no impacts within 300 feet (500 feet for raptors) of the active nest shall occur until the young have fledged the nest and the nest is confirmed to no longer be active, or as determined by the qualified biologist. The biological monitor may modify the buffer or propose other recommendations in order to minimize disturbance to nesting birds.
In Design Plans and
Specifications. Prior to
Grading Permits
County of San Bernadino
Building and Safety
Division/City of Chino
Building and Safety Division
CULTURAL RESOURCES
MM CUL -1: Archaeological Resources : Prior to the issuance of the first grading permit, the Applicant shall provide a letter to the County of San Bernardino Planning Division /City of Chino Planning Di vision, or designee, In Construction Plans and
Specifications. Prior to
Grading Permits.
County of San Bernadino
Building and Safety/City of
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Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
from a qualified professional archeologist meeting the Secretary of Interior’s Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A stating that the archeologist has been retained to provide on-call services in the event archeological resources are discovered. The archeologist shall be present a t the pregrading conference to establish procedures for archeological resource surveillance. In the event a previously unrecorded archaeological deposit is encountered during construction, all activity within 50 feet of the area of discovery shall cease and the County and/or City shall be immediately notified. The archeologist shall be contacted to flag the area in the field and shall determine, in consultation with the County and/or City and the Gabrieleño Band of Mission Indians Kizh-Nation, if the archaeological deposits meet the CEQA definition of historical (State CEQA Guidelines 15064.5(a)) and/or unique archaeological resource (Public Resources Code 21083.2(g)). If the find is considered a “resource” the archaeologist shall pursue either protection in place or recovery, salvage and treatment of the deposits. Recovery, salvage and treatment protocols shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15064.5 and 15126.4 in consul tation with the County and/or City and the Gabrieleño Band of Mission Indians Kizh- Nation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to archaeological resources qualifying as historical r esources. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C). If unique archaeological resources cannot be preserved in place or left in an undisturbed state, recovery, salvage and treatment shall be required at the developer/applicant’s expense. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the archaeologist. Resources shall be identified and curated into an established accredited professional repository. The archaeologist shall ha ve a repository agreement in hand prior to initiating recovery of the resource. Excavation as a treatment option will be restricted to those parts of the unique archaeological resource that would be damaged or destroyed by the Project.
Chino Building and Safety
Division
GEOLOGY AND SOILS
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Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
MM GEO-1: Paleontological Resources
Prior to the issuance of the first grading permit, the Applicant shall provide a letter to the County of San Bernardino Planning Division and/or City of Chino Planning Division, or designee, from a paleontologist selected from the roll of qualified paleontologists maintained by the County and/or City, stating that the paleontologist has been retained to provide services for the Project. The paleontologist shall develop a Paleontological Resources Impact Mitigation Plan (PRIMP) to mitigate the potential impa cts to unknown buried paleontological resources that may exist onsite for the review and approval by the County and/or City. The PRIMP shall require that the paleontologist be present at the pre -grading conference to establish procedures for paleontological resource surveillance. The PRIMP shall also require periodic paleontological spot checks if excavation reaches or exceeds depths of five feet in areas mapped as Quaternary alluvium.
In the event paleontological resources are encountered, ground -disturbing activity within 50 feet of the area of the discovery shall cease. The paleontologist shall examine the materials encountered, assess the nature and extent of the find, and recommend a course of action to further investigate and protect or recover and sa lvage those resources that have been encountered.
Criteria for discard of specific fossil specimens will be made explicit. If a qualified paleontologist determines that impacts to a sample containing significant paleontological resources cannot be avoided by Project planning, then recovery may be applied. Actions may include recovering a sample of the fossiliferous material prior to construction, monitoring work and halting construction if an important fossil needs to be recovered, and/or cleaning, identifying, and cataloging specimens for curation and research purposes.
Recovery, salvage, and treatment shall be done at the Applicant’s expense.
All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the paleontologist. Resources shall be identified and curated into an established accredited professional In Project Construction
Plans and Specifications.
Prior to Construction
Permits.
County of San Bernadino
Building and Safety
Division/City of Chino
Building and Safety Division
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Verification
Date Completed and
Initials
repository. The paleontologist shall have a repository agreement in hand prior to initiating recovery of the resource.
HAZARDS AND HAZARDOUS MATERIALS
MM HAZ-1: Prior to issuance of a grading permit, a Site Management Plan (SMP) shall be prepared by a qualified hazardous materials consultant and shall detail procedures and protocols for excavation and disposal of onsite hazardous materials, including:
• A certified hazardous waste hauler shall re move all potentially hazardous soils. Excavation of contaminated soils shall be to the depth of approximately 5 feet below the existing ground surface in areas identified in the Phase I and Phase II Environmental Site Assessment (Tetra Tech 2016). In addit ion, sampling of soil shall be conducted during excavation in the southern and western portions of the site, in areas identified in the Phase I and Phase II Environmental Site Assessment (Tetra Tech 2016), to ensure residential Regional Screening Levels ar e not exceeded. Excavated materials shall be transported per California Hazardous Waste Regulations to a landfill permitted by the state to accept hazardous materials.
• Any subsurface materials exposed during construction activities that appear suspect of contamination, either from visual staining or suspect odors, shall require immediate cessation of excavation activities. Soils suspected of contamination shall be segregated from other soils to be tested for potential contamination. If contamination is found to be present per Environmental Screening Levels (ESLs), any further proposed groundbreaking activities within areas of identified or suspected contamination shall be conducted according to California Hazardous Waste Regulations.
• A Health and Safety Pla n (HSP) shall be prepared for each contractor that addresses potential safety and health hazards and includes the requirements and procedures for employee protection. The HSP shall also outline proper soil handling procedures and health and safety In Construction Plans and
Specifications. Prior to
Grading Permits
County of San Bernadino
Building and Safety
Division/City of Chino
Building and Safety Division
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Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
requirements to minimize worker and public exposure to hazardous materials during construction.
• All SMP measures shall be printed on the construction documents, contracts, and Project plans prior to issuance of grading permits.
HYDROLOGY AND WATER QUALITY
PPP HYD -1: National Pollutant Discharge Elimination System (NPDES).
Projects will be constructed in accordance with the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, NPDES No. CAS000002. Compliance requires a risk assessment, a SWPPP, and associated BMPs.
In Construction Plans and
Specifications. Prior to
Demolition, Grading, and
Construction Permits
County of San Bernadino
Building and Safety
Division/City of Chino
Building and Safety Division
PPP HYD-2: Santa Ana RWQCB MS4 Permit. Projects will be constructed and operated in accordance with the Santa Ana RWQCB Municipal Stormwater (MS4) Permit for the part of the Santa Ana Basin in San Bernardino County in 2010 (Order No. R8-2010-0036). The MS4 Permit requires new development and redevelopment projects to adopt a WQMP to:
• Control contaminants into storm drain systems
• Educate the public about stormwater impacts
• Detect and eliminate illicit discharges
• Control runoff from construction sites
• Implement BMPs and site-specific runoff controls and treatments
In Construction Plans and
Specifications. Prior to
Demolition, Grading, and
Construction Permits
County of San Bernadino
Building and Safety
Division/City of Chino
Building and Safety Division
TRIBAL CULTURAL RESOURCES
Mitigation Measure CUL-1: Archaeological Resources, listed previously. In Construction Plans and Specifications. Prior to
Grading and
Construction Permits
County of San Bernadino
Planning Division and
Building and Safety
Division/City of Chino
Planning Division and
Building and Safety Division
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Mitigation Measure TCR -1: Prior to commencement of any excavation activities, or the issuance of a grading permit and/or action that would permit site disturbance (whichever occurs first), the Project developer/applicant shall provide a letter to the County of San Bernardino Plann ing Division and/or City of Chino Planning Division , or designee, and retain a Native American Monitor from the Gabrieleño Band of Mission Indians Kizh-Nation to:
• Provide on-call services to address unanticipated prehistoric or tribal resources. The Native American Monitor shall be present at the pre- grading conference to establish procedures for tribal cultural resource surveillance.
• Conduct a Native American Indian Sensitivity Training for construction personnel. The training session shall include a hand out and focus on how to identify Native American resources encountered during earthmoving activities and the procedures followed if resources are discovered, the duties of the Native American Monitor of Gabrieleño Ancestry, and the general steps the Monito r would follow in conducting a salvage investigation.
• Monitor all Project -related, ground-disturbing construction activities (e.g., pavement removal, auguring, boring, grading, excavation, potholing, trenching, and grubbing) of previously undisturbed native soils. The Native American Monitor(s) shall be present on -site during the construction phases that involve ground disturbing previously undisturbed native soils and shall complete monitoring logs on a daily basis. The logs shall provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The monitor(s) shall possess Hazardous Waste Operations and Emergency Response (HAZWOPER) certification.
The on-site monitoring shall end when t he Project site grading and excavation activities of previously undisturbed native soils are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for tribal cultural resources. (**HAZWOPER certification is needed only if the site has hazardous concerns related to Mitigation Measure HAZ-1).
In Construction Plans and
Specifications. Prior to
Grading and
Construction Permits
County of San Bernadino
Planning Division and
Building and Safety
Division/City of Chino
Planning Division and
Building and Safety Division
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• Consult on unanticipated discovery of human remains and associated funerary objects:
o Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably
believed to have been placed with individual human
remains either at the time of death or later; other items made exclusively for burial purpos es or to contain human remains can also be considered as associated funerary
objects. If funerary objects are discovered during grading or archeological excavations, they shall be treated in the same manner as bone fragments that remain intact and the construction contractor and/or qualified archeologist shall consult with the Gabrieleno Band of Mission Indians – Kizh Nation (Tribe).
o As specified by California Health and Safety Code Section 7050.5, if human remains are found on the Project site
during cons truction or during archaeological work, the County and/or City Coroner’s office shall be immediately notified and no further excavation or disturbance of the discovery or any nearby area reasonably suspected to
overlie adjacent remains shall occur until th e Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98 The Coroner
would determine within two working days of being notified, if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage
Commission (NAHC) within 24 hours. The NAHC would make
a determination as to the Most Likely Descendent. In the case where discovered human remains cannot be full y
documented and recovered on the same day, the remains
shall be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation
opening to protect the remains. If this type of steel plate is not available, a 24-hour guard shall be posted outside of working hours. If the remains are Native American, the Tribe 214
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shall make every effort to recommend diverting the Project and keeping the remains in situ and protected. If the Project cannot be diverted, it may be determined that burials shall be removed and the Project applicant/developer shall
arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects, if possible. The Tribe shall work closely with the qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully.
If data recovery is approved by the Tribe, documentation shall be taken which includes at a minimum detailed
descriptive notes and sk etches. Additional types of
documentation shall be approved by the Tribe for data
recovery purposes. Cremations shall either be removed in bulk or by means as necessary to ensure completely
recovery of all material. If the discovery of human remains includes 4 or more burials, the location is considered a cemetery and a separate treatment plan shall be created.
The Project applicant/developer shall consult with the Tribe regarding avoidance of all cemetery sites. Once complete, a final report of all activit ies shall be submitted to the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive diagnostics on human remains.
o Each occurrence of human remains and associated funerary objects shall be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony shall be removed to a secure container on site if possible. These items shall be retained and
reburied within six months of recovery. The site of
reburial/repatriation shall be on the Project site but at a location mitigated between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
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Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
MM TCR-1: Retain a Native American Monitor Prior to Commencement of Ground Disturbance
A. The Project Applicant/Developer shall retain a Native American monitor from (or approved by) the the Gabrieleno Band of Mission Indians -Kizh Nation (“Tribe”). The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject Project, at all Project locations (i.e., both on -site and any off -site locations that are included in the Project description/definition and/or required in connection with the Project, such as public improvement work). “Ground -disturbing activity” includes, but is not limited to, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. Monitors from the Gabrieleno Band of Mission Indians-Kizh Nation shall provide Native America monitoring services.
B. The Project Applicant/Developer shall provide documentation of its retention of a Native American monitor, as provided in Mitigation Measure TCR-1, to the County Planning Department and/or City Planning Division prior to the earlier of the commencement of any ground -disturbing activity for the project, or the issuance of any permit necessary to commence a ground - disturbing activity.
C. The Project Applicant/Developer shall provide the Tribe with a minimum of 15 days advance written notice of the commencement of any project ground- disturbing activity so that the Tribe has sufficient time to secure and schedule a monitor for the project.
D. The Project Applicant/Developer shall hold at least one pre -construction sensitivity/educational meeting prior to the commencement of any ground - disturbing activities, where at a senior member of the Tribe(s) will inform and educate the Project’s co nstruction and managerial crew and staff members (including any Project subcontractors and consultants) about the TCR mitigation measures and compliance obligations, as well as places of significance located on the Project site (if any), the appearance o f potential TCRs, and other informational and operational guidance to aid in the Project’s In Construction Plans and
Specifications. Prior to
Grading and
Construction Permits
County of San Bernardino
Planning Division and
Building and Safety
Division/City of Chino
Planning Division and
Building and Safety Division
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Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
compliance with the TCR mitigation measures. The Native American Tribe(s) shall be notified of and allowed to attend the pre -grading meeting with the County and/or City and Project construction contractors and/or monitor all Project mass grading and trenching activities. In the event that suspected tribal cultural resources are unearthed, the Native American Tribe(s) shall have the authority to redirect earth moving activities in the affected area.
E. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant/Lead Agency upon written request.
F. Native American monitoring for the Project shall conclude upon the latter of the following: (1) written confirmation from a designated Project point of contact to the Tribe representatives that all ground -disturbing activities and all phases that may involve ground-disturbing activities on the project site and at any off-site Project location are complete; or (2) written notice by the Tribe to the Project Applicant/Developer and the County Planning Department and/or City Pl anning Division that no future, planned construction activity and/or development/construction phase (known by the Tribe at that time) at the Project site and at any off -site project location possesses the potential to impact TCRs.
G. Any and all archaeological or cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the Project Applicant/Developer and the County Planning Department and/or City Planning Division for dissemination to the Gabrieleno Band of Mission Indians-Kizh Nation. The County Planning Department and/or City Planning Division and/or Project Applicant/Developer shall, in good 217
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Regulatory Requirement /Project Design Feature/ Mitigation Measure Timing Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
faith, consult with the Tribe until all ground disturbing activities of the Project are completed.
218
MEMORANDUM
CITY OF CHINO
COMMUNITY SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 18, 2023
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, COMMUNITY SERVICES DIRECTOR
SUBJECT
..titl e
Adoption of Ordinance No. 2023-016, Community Services Name Change (Second Reading).
..end
RECOMMENDATION
Approve the adoption of Ordinance No. 2023-016 on second reading, to amend the name of the Community Services Commission and Community Services Department to reflect the new name Community Services, Parks, and Recreation.
..body
FISCAL IMPACT
There is no fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Revenue: Click or tap here to enter text.
Expenditure:
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 219
CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: ADOPTION OF ORDINANCE NO. 2023 -016, COMMUNITY SERVICES NAME CHANGE (SECOND READING).
PAGE: 2
BACKGROUND
This matter was introduced on first reading by the City Council at their July 5, 2023 meeting.
Ordinance No. 2023-005 consists of amendments to the name of the Chino Community Services Commission to the Chino Community Services, Park, and Recreation Commission, to better align with the authority and obligation s of the Commission; and amend the name of the Community Services Department to the Community Services, Parks, and Recreation Department to better align with the authority and services of the Department.
Once adopted on second reading, the ordinances will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
Ordinance No. 2023-016:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,
AMENDING MULTIPLE SECTIONS OF CHINO MUNICIPAL CODE TO CHANGE THE NAME
OF THE COMMUNITY SERVICES DEPARTMENT AND THE COMMUNITY SERVICES
COMMISSION
O2023-016 Community Services Name Change Ordinance
220
01225.0009/899615.1
ORDINANCE NO. 2023-016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF
CHINO MUNI CIPAL CODE TO CHANGE THE NAME OF THE
COMMUNITY SERVICES DEPARTMENT AND THE
COMMUNITY SERVICES COMMISSION
WHEREAS, the City of Chino has adopted an ordinance establishing and regulating the Chino Community Services Commission codified in Chapter 2.38 of the Chino Municipal Code ; and
WHEREAS, the City desires to amend t he name of the Chino Community Services Commission to the Chino Community Services, Park, and Recreation Commission, to better align with the authority and obligations of the Commission; and
WHEREAS, the City desires to additionally amend the name of the Community Services Department to the Community Services, Parks, and Recreation D epartment to better align with the authority and services of the Department; and
WHEREAS, the City desires to additionally amend the name of the Community Services Director to the Community Services, Parks, and Recreation Director to reflect the a bove- referenced name changes; and
WHEREAS, the City desires to reflect these amendments throughout the Chino Municipal Code; and
WHERAS, all legal prerequesits to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CIT Y COUNCIL FO THE CITY OF CHINO DOES HERE BY ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the above recitals are true and correct and are incorproated herein by this reference.
Section 2. Chapter 2.38 of the Chino Municipal Cod e is hereby renamed “Chino Community Services, Parks, and R ecreation Commission, ” and is amende d as follows (additions in bold underline):
Chapter 2.38 - CHINO COMMUNITY SERVICES, PARKS, AND REC REATION
COMMISSION
2.38.010 - Purpose of chapter.
To recognize the impor tance of involving the public in the design and delivery of community services , parks , and recreation oppor tunities and that the establishment of a community services , par ks and rec reation commission is appropriate to such aims.
221
Ordinance No. 2023-016
01225.0009/899615.1
2.38.020 - Establishment.
There is established a Chino community services , parks, and recreation commission with members, organizations, duties, and responsibilities as provided in this chapter.
2.38.030 - Membership—Appointment and term of office.
A. The membership of th e c ommunity services , parks, and recreation commission, as appointed by the mayor of the City of Chino, shall consist of seven me mbers representing a broad interest in recreation, human services, park planning, cultural arts, youth, and senior citizens. Six m embers shall be appointed by the mayor of the City of Chino with the approval of the city council and one member shall be appo inted by the six other commissioners (member at large). The appointment of the member at large is to be ratified by the city council.
B. In the event that a member appointed by the mayor of the City of Chino is required to take a temporary leave of absence, the mayor may appoint a temporary replacement with the approval of the city council. In the event that a member resigns or die s before the end of his or her term, or for any reason is unable to complete the term, the mayor may appoint a member to fill the vacant position with the approval of the city council.
C. In the event that a member appointed by the six other commissioner s (member at large) is required to take a temporary leave of absence, the other six members may appoint a temporary replacement. In the event that the member at large resigns or dies before the end of his or her term, or for any reason is unable to complete the term, the othe r six members may appoint a member to fill the vacant position. The appointment of the member at large is to be ratified by the city council.
D. All members of the community services, parks, and recreation commission appointed by the mayor of the City of Chino, as well as the at-large member, shall be residents of the City of Chino at the time of their appointment and throughout their terms of office.
2.38.040 - Terms of office.
There shall be seven community services, parks, and recreation commissioners who shall be appointed for four-year, staggered terms. Effective July 1, 2023, the terms shall be staggered as follows:
Three terms ending June 30, 2027, (three city appointees) One term ending June 30, 2024, (one city appointee)
Three terms ending June 30, 2025 (two city appointees one member at large appointed by majority vote of the six other commissioners). …
2.38.055 - Removal of members.
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Any member of the community services, parks, and recreation commission who was appointed by the mayor may be removed by the mayor at any time, with the approval of the city council. His or her successor may be appointed by the mayor with the approval of the city council and shall serve the remainder of the term of office.
…
2.38.080 - Meetings.
The commu nity services , parks, and recreation commission shall conduct its affairs at regularly scheduled meetings, or at special meetings, in such a manner as is prescribed by law of the state of California. Regular meetings are to be held on the fourth Monday of each month.
2.38.090 - Staff assistance.
The director of community services , parks, and recreation or his/her designee, to the fullest extent pos sible, shall provide s uch staff assistance as the commission may require from time to time.
2.38.100 - Duties and responsibilities.
The community services , parks, and recreation commission is responsible to the city council for policy a dvice recommendat ions on the scope of city - sponsored community service, parks, and recreation activities. The commission is also to provide assistance with community services that are offered by the city which impact the use of school district facilities that are utilized for se rvice delivery. The duties and responsibilities of the community service s, parks, and recreation commission shall be as follows:
A. To encourage broad citizen participation in community services activity, which includes parks, recreation, human services, cultural arts, youth, and senior citizens;
B. To evaluate and weigh community value s in the develo pment of a community services program;
C. To conduct studies and make recommendations which promote and encourage high standards and increased opportunities in community service activities and programs that are in the best interests of the city, in accor dance with the city's general plan;
D. As directed by the city council, to review and make recommendations on the capital improvement program as it relates to park and open spac e needs, and future community services developments, and the c oordination of community services with other governmental agencies and volunteer organizations; E. To appoint and serve on committees, as necessary, to study and make policy recommendations on community services concerns, projects, and programs;
F. To promote cooperative use and make reco mmendations on the utilization of school district facilities for the purposes of conducting community service programs and projects;
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G. To conduct public m eetings where the community has the opportunity to provide input regarding community services programming.
2.38.110 - Compensation of members.
Each member of the community services , parks, and recreation commission shall be compensated for each commission meeting attended. The amount of the compensation shall be r ecommended by t he city manager and adopted i n the annual budget by the city council.
Section 3. Subsection B of Section 2.48.060 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
B. The director of emergency services shall designate the order of succession to that office, to ta ke effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be designated as follows:
1. Assistant city manager;
2. Police chief;
3. Director of public works;
4. Director of community development services;
5. Director of recreation and community services, parks, and recreation;
Section 4. Subsection A of Section 2.68.060 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
A. The "mobilehome park rent stabilization com mission" is hereby created.
The commission shall be comprised of three residents of the City of Chino including any existing membe r of the planning commission or community services, parks, and recreation commission. The members of the commission shall be a ppointed and removed by the city council by a majority vote of the city council. No member of the commission shall be or, at any time during the immediately five years, have been a park owner or mobilehome owner.
Section 5. Section 8.12.010 of the Chino Municipal C ode is hereby amen ded as follows (additions in bold underline; deletions in bold strikethrough):
8.12.010 - Intent.
The provisions of this chapter are intended to regulate the sale and use of fireworks and the prevention of fires thereby. They are, furth ermore, provided to ensure a community benefit from the revenues received. The fees in this chapter, along with the use o f the community services , parks, and recreat ion commission as a designated oversight committee, are for regulation purposes.
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Section 6. Subsection D of Section 8.12.030 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
D. At no time shall an organization be permitted to sublet a fireworks stand without first acquiring wri tten consent from the community services , parks, and recreation commission. A hearing d ate, to be scheduled by and w ith the community services , parks, and recreation commission, shall determine if subletting will result in a benefit to the community.
Permission from the commi ssion shall require that all subleased units be subject to the same terms and conditions as appl ied to any other qualifying organization.
Section 7. Subsections C and D of Section 8.12.040 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
C. Submit official board minutes detaili ng the intent and authorization to sell fireworks. Such notes shall detail what s ites, populations or projects will benefit a nd for what purposes. Minutes shall be attached to the application and shall be reviewed by the community services, parks, and recreation commission;
D. Include a copy of the organization's 501(c)3, or other official verification of nonprofit status on let terhead of the nonprofit organization . Agencies not possessing t he appropriate document ation of nonprofit status shall be required to s eek written authorization from the community services , parks, and recreation commission prior to a permit being issued an d prior to March 15th of each year. A hearing date, to be sc heduled by and with the com munity services, parks, and recreation commission, shall determine whether organizations without proof of nonprofit status ca n proceed with operating the stand. The hear ing date shall be coordinated between the applicant and the comm ission during the m onths of March and April;
Section 8. Subsection B of Section 8.12.060 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
B. All applying organizations shall be required to demonstrate how revenues received will benefit the community of C hino. Self -profit seeking organizations shall be prohibited f rom participating, unless special circumstances as observed and approved by the co mmunity services , parks, and recreation commission permit.
Section 9. Subsection A of Section 8.12.070 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
A. No entity other than the permittee organization shall operate the stand for which the retail permit is issued, unless permitted by the community services, parks, and recreation commission.
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Section 10. Section 8.12.135 of the Chino Municipal C ode is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
8.12.135 - Location of fireworks stands—Changes.
Any change in the proposed location for a fireworks stand set forth in an application for a retail permit must be approved by a committee appointed by the community services, parks, and recreation commission prior to the issuance of the permit. There shall be no changes in the location of a fireworks stand once a permit has been granted.
Section 11. Subsections A and B of Section 8.12.200 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
A. The community s ervices, parks, and recreation commission s hall investigate and conduct hearings regarding violations of this chapter, and any organization found in violation of this chapt er or proceeding without appropriate consent from the commiss ion shall be ineligible to obtain a permit for selling fireworks f or three years immediately following the violation, after which time they will be requir ed to participate in a permit lottery.
B. A retail permit may be revoked at any time by the tax and license collector or the community services , parks, and recreation commission if the organization does not comply with the permit requirements set forth in this chapter.
Section 12. Section 9.80.020 of the Chino Municipal C ode is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
9.80.020 - Definitions.
For purposes of this chapter, the following definitions shall apply:
"Law enforcement officer" means a polic e officer, code e nforcement officer, the director of commun ity servi ces, parks, and recreation or the director's designee.
"Minor" is any unemancipated person under the age of eighteen. "Parent" is any person having legal custody of a minor: (1) as a natur al or adoptive parent, (2) as a legal guardian, (3) as a pe rson who stands in loco parentis, or (4) as a person to whom legal or physical custody has been given by court order.
"Public place" means any place to which the public or a substantial group of pe rsons have access and includes, but is not limited to, comm on areas of schools, shopping centers, parking lots, parks, playgrounds, transportation facilities, theaters, restaura nts, shops, bowling al leys, taverns, cafes, arcades and similar areas that are open to the use of the public. "Public street" means a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. "Street" includes, but is not limited to, alleys, the cartway of traffic lanes, th e curb, t he sidewalks whether paved or 226
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unpaved, and any grass plots or other grounds found within the legal right-of-way of a street.
Section 13. Subsection O of Section 10.24.080 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
O. All organized events shall have the written approval of the director of community services, parks, and recreation or his designee.
Section 14. Subsection F of Section 12.20.033 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
F. The provisi ons of this section may be waived for activi ties of a special recreational nature authorize d and/or supervised by the recreation and community services, parks, and recreation department.
Section 15. Section 12.20.040 of the Chino Municipal C ode is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
12.20.040 - Hours of operation.
Any person who remains in any city park between the hours of 10:00 p.m. and 6:00 a.m. of the following day, except for organ ized activities approved by the community services , parks, and recreation department, is guilty of a misdemeanor.
Section 16. Table 16.05-1 of Chapter 16.05 of the Chin o Municipal Code is hereby amended as follows with the re mainder of the table remaining unchanged (additions in bold underline; deletions in bold strikethrough):
Table 16.05-1—Sign Regulation Matrix
Classification
Type,
Number &
Location
Area Height Remarks
1. Signs Permitted in all Zoning Districts
- Central Avenue
Street Banner, Electronic
Message Board, and
Light Standard Banners
(1) Refer to the guidelines for
roadway promotions, regulated
by the Community Services,
Parks, and Recreation
Department, for these types of
signs.
- Sports Organization
Banners
One banner
per street
frontage.
150 SF
per
sign
face.
No
requirement.
(1) Banners for local youth
sports organizations are
permitted for the purpose of
advertising league sign-ups in
public parks.
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(2) The banner shall be
approved by the Community
Services, Parks, and
Recreation Department prior to
submitting a Temporary Sign
Permit application.
(3) Displays shall be limited to
60 calendar days per year.
Table 16.05-1—Sign Regulation Matrix
Classification Type, Number &
Location Area Height Remarks
Regional &
Community
Parks
One monument sign
per boundary street
frontage, located at
the street entrance or
intersection of
boundary streets.
75 SF
per
sign
face.
15 FT
(1) Signs shall identify the name of
the park, and may include an
electronic message board and
identification for tenants, sub-tenants
and/or franchisees within the park.
(2) Minimum 8-inch high letters shall
be provided for tenant identification.
(3) Electronic message boards shall
not contain any illumination that
changes intensity, nor shall the
display expose messages for less
than 4 second intervals or have
intervals between messages of less
than one second.
(4) Electronic message boards may
advertise public or private events,
businesses or services available on
and off the premises. Display content
shall be as determined appropriate by
the Director of Community Services,
Parks, and Recreation.
(5) Directional signs, pedestrian signs
and window signs shall comply with
the requirements of the CG & CS
zoning districts.
(6) Commercial tenants, sub-tenants
and franchisees shall comply with the
requirements of the CG & CS zoning
districts.
Section 17. Subsection C of Section 18.01.050 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
C. Common interest developm ents, as de fined in Section 1351 of the California Civil Code, shall be eligible to receive a credit, as determined by the director of community services, parks, and recreation pursuant to 228
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Section 18.01.120 against the amount of land required to be dedicated, or the amount of the fee in lieu of such d edication imposed by this chapter, for the value of private space within the de velopment which is usable for active recreational uses.
Section 18. Subsection D of Section 18.01.090 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
D. Fair market value of the la nd r equired t o be dedicated by this chapter shall be determined by a qualified real estate appraiser selected by the director o f community services , parks, and re creation for an annual appraisal of the median fair market value per acre of public parks of t hree acres or larger in residential areas within the city if such land were not used for or zoned for park or recreational p urposes. Such appraisal shall include basic infrastructure abutting the land, such as rough grading, installation of streets, curbs, gutters, str eet lighting, sidewalks, and installation of available trunk line utility connections, but exclude on -site and other off -site improvements. Such appr aisal shall be approved by resolution of the city council.
Section 19. Subsections A and B of Section 18.01.120 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
A. Any person requesting a credit against the dedication of land for park or recreational purposes or payment of f ees in lieu the reof required by Sections 18.01.050 through 18.01.100 of this chapter shall file a written application therefor with the city cler k no l ater than sixty days after issuance of the first certificate of occupancy for private open space within the dev elopment or subdivision which is usable for active recreational uses. The application shall contain a desc ription of the private open space within the development or subdivision which is usable for active recreational uses, the cost and value thereof , the amount of the in -lieu fees paid, the fair market value of land dedicated determined in accordance with Sec tion 18.01.090 of this chapter, t he amount of the credit sought, and all documents in support thereof. Upon the filing of said application, the city clerk shall refer the same to the director of community services, parks, and recreation, who shall prepare an analysis of the requested credi t and provide a recomm endation to the planning commission within sixty days of the filing of the application. Within thirty days of the receipt of the analysis and recommendation by the director of community services, parks, and recreation, the application shall be set for hearing before the planning commission for a determination on the request for a credit.
B. In or der to be eligible for a credit, a residential subdivision or other development must contain private open space that is usable for active recreational uses. Where private open space for park and recreational purposes is provided in such a proposed su bdivision or development and such space is to be privately owned and maintained by the future residents of such subdivision or development, partial credit on a square 229
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foot for square foot basis, up to an amount not to exceed fifty percent maybe given against the requirement of this chapter for land dedication and/or payment of fees in lieu thereof if the director of community services, parks, and recreation finds that it is in the public interest to do so and all the following standards are met:
…
Section 20. Section 18.01.130 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
18.01.130 - Credit for improvements and equipment.
If a subdivider or developer pr ovides park and/or recreational im provements to land dedicated for park or recreational purposes, with or without the payme nt of fees in lieu thereof, or a co mbination of both, as a condition to approval of a tentative tract map, tentative parcel map, or o ther residential development, pursuant to the requirements of Section 18.01.080, 18.01.090 or 18.01.100 of this chapter, in addition to such dedication of lan d or payment of fees, the value of such improv ements together with any equipment located thereon s hall be a credit against such dedication of land or payment of such fees otherwise required by this chapter. The amount of such credit shall be determined by the director of community services , parks, and recreation in accord ance with park improvement standards established by the city.
Section 21. Subsection B of Section 18.01.140 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
B. When dedication is requ ired, it shall be accomplishe d in accordance with the provisions of the subdivision map act as implemented by this chapter.
When fees are required, the same shall be deposited with the public works department prior to recordation of the final tract map. Op en space covenants for privat e park or recreational facilities sh all be approved by the city attorney and the director of community services , parks, an d recreation prior to approval of the final subdivision map by the city council, and shall be recorded simultaneously with such map.
Section 22. Section 18.01.150 of the Chino Municipal Code i s hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
18.01.150 - Appeal by council.
Any decision of the director of community se rvices, parks, and recreati on or planning commission authorized b y this chapter shall be final and conclusive unless appealed by the city council within sixty days of such decision.
Section 23. Severability. If any sec tion, s ubsection, sentence , clause, phrase, or portion of this Ordinance, or the applica tion thereof to any person or circumstances, 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, 230
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part or po rtion ther eof, i rrespective of t he fact that any one or more s ections, subs ections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 24. Effective Date. This Ordinance shall b e in full force a nd effect thirty (30) days after its second reading and adoption.
Section 25. 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 City in accordance with the provisions of the Government Code.
ADOPTED THIS _____ DAY OF ______________ 2023.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Natalia Gon zaga, City Clerk of the C ity of Chino do he reby certify that the foregoing Ordinance of the City of Chino was duly adopt ed by said City Council at a regular m eeting held on the ____ day of __________ 2023 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
NATALIE GONZAGA, CITY CLERK
231
MEMORANDUM
CITY OF CHINO
COMMUNITY SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 18, 2023
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &
RECREATION
SUBJECT
..titl e
Purchase Order Approval – Porter Corp.
..end
RECOMMENDATION
Approve a purchase order in the amount of $59,297.94 for Porter Corp, Holland, MI for the purchase of a Poligon shade shelter for the Walnut Park Improvements project (PK 223); and authorize the City Manager to execute all necessary documents on behalf of the City. ..body
FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2023-24 Park and Facilities Capital Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Responsible Long-Range Planning
Commitment to Our Community
Positive City Image
Revenue: Click or tap here to enter text.
Expenditure: 3408300-48003-PK223
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 232
CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: PURCHASE ORDER APPROVAL - PORTER CORP.
PAGE: 2
BACKGROUND
The Fiscal Year 2023-24 Park Fund budget provides funding for the Walnut Park Improvements Project (G8223). The Community Services, Parks & Recreation Department received a California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act 2018 Per Capita Grant in the amount of $232,854 through the State of California, Department of Parks and Recreation Office of Grants and Local Services. The grant funding is required to be used towards park recreational improvements or development. Per the grant agreement the City is required to contribute 25% of the grant award towards the project.
During the Parks and Facilities Master Plan development, inspection services were conducted on all City parks to determine the existing condition of park amenities and replacement schedules. As a result, staff elected to replace the current sh ade shelter as part of the park improvements at Walnut Park. The scope of work will include removing and replacing the existing shade shelter with a new Poligon steel structure.
ISSUES/ANALYSIS
The City’s Purchasing Ordinance allows the City to take advantage of competitive bids awarded to contractors and vendors by other public agencies. Sourcewell issued a Notice Inviting Bids and conducted a nationwide competitive bid process to select a manufacturer/vendor to provide parks and recreation equipment, which includes Porter Corp shade shelters to public agencies throughout the country. As a result of the Sourcewell bid process, Porter Corp, was selected to provide shade shelters by the Sourcewell bid program through March 5, 2025 (Contract No. #012621-PPC), giving the City the ability to purchase the shade shelters. The City Attorney's office has reviewed all documents relevant to the Sourcewell bid solicitation for parks and recreation equipment and found the documents to be in order.
The City conta cted Porter Corp, requesting design assistance for a Poligon shade shelters. In June 2023, the City received a proposal from Porter Corp, in the amount of $59,297.94 for the purchase and delivery of the shade shelters for Walnut Park. At this time, staff is recommending that City Council authorize a purchase order in the amount of $59,297.94 to Porter Corp, Holland, MI for the purchase of shade structure for the Walnut Park Improvements project.
Attachments:
Porter Corp - Proposal (Walnut Park Shade Shelter) 07182023, Sourcewell - PorterCorp Contract 012621
233
4240 N 136th Ave
Holland MI 49424
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.poligon.com
Estimate Number Poligon 537
Estimate Date 06-19-2023
Expiration Date July 31, 2023
Customer City of Chino
Name CarolynBaltzer
Phone (909) 334-3401
Email [email protected]
Sales Rep Rob Fryhoff
Email [email protected]
Payment Terms Net 30
Project Name
Walnut Park, City of Chino - Poligon Shelter
Item # & Description Quantity Total
Poligon
Custom 16x77 Monoslope
Includes:
Multi Rib Metal Roof
Electrical Access with 4 Cutouts
Anchor Bolts
Poli-5000 Frame Finish
9' Minimum Clear Height
Based on preliminary (E1) drawing 75584 - See Below
Stamped Engineering Ordered Separately.
1 $48,861.20
$48,861.20
7.75% Sales Tax $3,786.74
234
Product Total $52,647.94
Item Description Quantity Rate
Freight Poligon Freight Poligon
Shipping and Handling Fees for Poligon
Shade Structures. All shipping FOB
Holland MI.
1 $6,650.00
$6,650.00
Sales Tax $0.00
Shipping, Handling and Non Taxable Services Total $6,650.00 Grand Total $59,297.94
235
NOTES AND EXCLUSIONS:
• Pricing per Poligon Sourcewell contract #012621-PPC.
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. Purchase orders should be made out to PorterCorp. Purchase orders to be mailed/emailed/faxed to Miracle Playground Sales 1101 California Ave, Suite 209, Corona, CA 92881 OR [email protected] OR faxed to 877-215-3869 • The payment remittance address is 4240 N. 136th Ave Holland MI 49424 • Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits are not included. • Wind loads are 95 mph and snow loads are 5 lb unless otherwise noted above. • Poligon Structures are proudly and exclusively represented by Miracle Playground Sales. • Please note, in most locations, any shade (METAL, FABRIC, or PLASTIC) in excess of 120 sqft requires a building permit.
• It is the CUSTOMER’S RESPONSIBILITY to con rm with the local building department if permitting is necessary.
• If permitting is necessary, it is the CUSTOMER’S RESPONSIBILTY to request, pay, and obtain these permits.
• WE will provide the stamped engineering that is required to obtain the permit – this is part of our quote.
The CUSTOMER provides everything else such as permit application, fee payment, site plan, etc. • Your shade order will not be placed in the manufacturing queue until you have provided us the approved drawings.
• Because the permitting process varies greatly between agencies, any stated lead time does NOT include the permitting process.
QUALIFICATIONS
• Changes made to the drawings referenced will be reviewed and may affect pricing • Pricing assumes standard Poligon colors from the current color chart. • A checklist of all documents required to place structures into production will be provided by Miracle Playground Sales once the Purchase order is received. ALL items on the checklist must be provided prior to releasing structure(s) into fabrication. • If anchor bolts are listed above, we will need to know PRIOR to ordering if the anchor bolts will need Mill Certifications. • Any changes made to the structure after entering production will be charged a non-negotiable $1000 fee. 236
THROUGH THE STRUCTURAL MEMBERS BEFORE THE BUILDING IS
INSTITUTE OF STEEL CONSTRUCTION (AISC) SPECIFICATIO N MANUAL.
GENERAL NOTES:
UNLESS NOTED OTHERWISE, THIS STRUCTURE WAS DESIGNED TO ONLY SUPPORT WHAT IS SHOWN ON THESE DRAWINGS. THE
MANUFACTURER MUST BE CONTACTED IF ANYTHING ELSE IS TO BE
ATTACHED TO THIS STRUCTURE (WALLS, COLUMN WRAPS, RA ILINGS, ETC.) SO THE DESIGN OF THIS STRUCTURE CAN BE REVIEW ED AND POSSIBLY REVISED.
UNLESS NOTED OTHERWISE, THIS STRUCTURE WAS DESIGNED
ASSUMING A 20' SEPARATION BETWEEN ANY ADJACENT STRU CTURE
WITH AN EAVE HEIGHT EQUAL TO OR GREATER THAN THE EA VE
HEIGHT OF THIS STRUCTURE. IF THAT SEPARATION DOES N OT EXIST,
THE MANUFACTURER MUST BE CONTACTED SO THE DESIGN OF THIS STRUCTURE CAN BE REVIEWED AND POSSIBLY REVISED.
STRUCTURAL STEEL SHALL BE DETAILED, FABRICATED, AND ERECTED
IN ACCORDANCE WITH THE LATEST EDITION OF THE AMERIC AN
ALL WELDING IS PERFORMED BY AMERICAN WELDING SOCIET Y
(AWS) CERTIFIED WELDERS AND CONFORMS TO THE LATEST EDITION OF AWS D1.1 OR D1.3 AS REQUIRED.
PARTS SHOWN MAY BE UPGRADED DUE TO STANDARDIZED
FABRICATION. REFER TO THE SHIPPING BILL OF MATERIA LS FOR POSSIBLE SUBSTITUTIONS.
FOR PROPER FIELD INSTALLATION OF THE BUILDING IT IS
RECOMMENDED THAT THE PRIMARY FRAME INSTALLER AND TH E
ROOF INSTALLER HAVE A MINIMUM FIVE (5) YEARS DOCUME NTED EXPERIENCE INSTALLING THIS TYPE OF PRODUCT.
FOR PROPER FIELD INSTALLATION OF THE BUILDING IT IS
RECOMMENDED THAT ELECTRIC WIRING, IF REQUIRED, BE R UN
ERECTED.
MATERIALS:
DESCRIPTION
TUBE STEEL
SCHEDULE PIPE
RMT PIPE
LIGHT GAGE COLD FORMED
STRUCTURAL STEEL PLATE
ROOF PANELS (STEEL)
ASTM DESIGNATION
A500 (GRADE B)
A53 (GRADE B)
A519
A1003 (GRADE 50)
A36
A653
CERTIFICATES:
MIAMI-DADE COUNTY CERTIFICATE OF COMPETENCY NO. 21- 0819.13 PCI (POWDER COATING INSTITUTE) 4000 CERTIFIED
FABRICATOR APPROVALS:
CITY OF PHOENIX, AZ APPROVED FABRICATOR #C08-2010
CITY OF LOS ANGELES, CA APPROVED FABRICATOR #FB0159 6
CITY OF RIVERSIDE, CA APPROVED FABRICATOR #SF_00004 2
CITY OF HOUSTON, TX APPROVED FABRICATOR #470
CLARK COUNTY, NV APPROVED FABRICATOR #264
STATE OF UTAH APPROVED FABRICATOR 02008-14
AISC APPROVED FABRICATOR C-00018751
STOP!!
USE FOR PRELIMINARY
PLANNING AND ESTIMATING
ONLY
NOT FOR CONSTRUCTION
R
R
MAIN: (616) 888-3500
by PORTER CORP
WWW.POLIGON.COM
FIELD SUPPORT: (616) 888-3504
2022A
P16584
5200
PROJECT:
LOCATION:
DRAWING LIST:
75584
MULTI-RIB ROOF TYPE:
BUILDING TYPE:
BUILDING NUMBER:
WALNUT PARK - OPTION 2
CHINO, CA
P16584
~P16584-75584-PPD
CAD MODEL:
brian.sterken
DRAWN BY:
SCALE:
PRINT DATE:
1:96
REV LEVEL:
4/3/2023
MONOSLOPE 16x77
ORDER NUMBER:
JOB NO:
CHINO, CA
WALNUT PARK - OPTION 2
DRAWING:
COVER SHEET
A
PROJECT:
CS
SHEETPROJECT LOCATION:
QUOTE NUMBER:
SHEET NUMBER DRAWING DESCRIPTION
CS COVER SHEET
1 ARCHITECTURAL ELEVATIONS
2 STRUCTURAL FRAMING PLAN
3 COLUMN LAYOUT
237
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USE FOR PRELIMINARY
PLANNING AND ESTIMATING
ONLY
NOT FOR CONSTRUCTION
R
MAIN: (616) 888-3500
by PORTER CORP
WWW.POLIGON.COM
FIELD SUPPORT: (616) 888-3504
12 1
9'-0"
CLEAR
11'-1"
REF
ARCHITECTURAL ELEVATIONS
1 GENERAL ROOF NOTES:
METAL ROOFING: 1.
24 GAUGE •
GALVALUME COATED •
KYNAR 500 PAINTED •
TRIM COLOR MATCHES ROOF 2.
SEE POLIGON.COM
FOR COLOR 3.
OPTIONS
1:128
CAD MODEL:
brian.sterken
DRAWN BY:
SCALE:
REV LEVEL: PRINT DATE:
~P16584-75584-PPD
4/3/2023 A
JOB NO:
P16584CHINO, CA
WALNUT PARK - OPTION 2
DRAWING:
PROJECT LOCATION:
PROJECT:
SHEET
TOP VIEW
ISOMETRIC VIEW
FRONT VIEW SIDE VIEW
FINISH GRADE
(ASSUMED AT CONSTANT
ELEVATION UNLESS
OTHERWISE NOTED)
16'-0"
72'-0"
28'-6"
238
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USE FOR PRELIMINARY
PLANNING AND ESTIMATING
ONLY
NOT FOR CONSTRUCTION
R
MAIN: (616) 888-3500
by PORTER CORP
WWW.POLIGON.COM
FIELD SUPPORT: (616) 888-3504STRUCTURAL FRAMING PLAN
2 SHEET
1:128
CAD MODEL:
brian.sterken
DRAWN BY:
SCALE:
REV LEVEL: PRINT DATE:
~P16584-75584-PPD
4/3/2023 A
JOB NO:
P16584CHINO, CA
WALNUT PARK - OPTION 2
DRAWING:
PROJECT LOCATION:
PROJECT:
SHEET
FRONT VIEW SIDE VIEW
ISOMETRIC VIEW
TOP VIEW
FINISH GRADE
(ASSUMED AT CONSTANT
ELEVATION UNLESS
OTHERWISE NOTED)
239
STOP!!
USE FOR PRELIMINARY
PLANNING AND ESTIMATING
ONLY
NOT FOR CONSTRUCTION
R
MAIN: (616) 888-3500
by PORTER CORP
WWW.POLIGON.COM
FIELD SUPPORT: (616) 888-3504
R41'-11"
R53'-11"
21.51°
TYP
64.54°
10'-0"
12'-0"
COLUMN LAYOUT
3 1:96
CAD MODEL:
brian.sterken
DRAWN BY:
SCALE:
REV LEVEL: PRINT DATE:
~P16584-75584-PPD
4/3/2023 A
JOB NO:
P16584CHINO, CA
WALNUT PARK - OPTION 2
DRAWING:
PROJECT LOCATION:
PROJECT:
SHEET
ANCHOR BOLT LAYOUT NOTES:
ENGINEERING WILL DETERMINE REQUIRED ANCHOR BOLT LAY OUT AFTER 1.
ENGINEERING PACKAGE IS ORDERED.
CUSTOMER MAY SUGGEST PREFERRED ANCHOR BOLT LAYOUT. 2.
240
FRAME COLOR: SURREY BEIGE
ROOF COLOR: REGAL BLUE
COLORS MAY VARY SLIGHTLY FROM RENDERED IMAGE
WALNUT PARK - OPTION 2
CHINO, CA
MONOSLOPE 16X77
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Frame & Roof
®
242
Frame Colors (Poli-5000® Certified)
The most durable frame finish available in the industry.
The Poli-5000® Super-Durable TGIC powder coat offers excellent outdoor durability and fade resistance to our steel shelter frames. It is tough, resilient, and will withstand harsh environments while retaining its smooth, high-gloss or matte finish for years to come.
Glacier White * Ash Gray* Fox Hollow Gray Greystone* Slate Bumper Black* Linen Almond Surrey Beige* Canvas Taupe Coastal Khaki Suede Barkwood Tudor Brown* Patrician Bronze Pomegranate Black Cherry Arctic Ice Mystic Harbor Blue* Sea Glass Juniper Olive Tree* Hunter Green* Red Baron Streak Blue Daffodil Flint** Uptown Bronze** Silver Frost** *represents frame colors also available in matte finish **represents frame colors available with a slight upcharge Due to the nature of printed materials, colors may vary slightly from the swatches shown.
Please request actual color sample before making final selection. 243
Roof Colors (Kynar-500® Certified)
Providing protection against weathering to extend the life of your roof.
Kynar-500® PVDF resin-based coatings offer excellent protection to our metal roofs. The high-performance fluoropolymer resin, with its extraordinary capability to retain color and gloss, keeps your painted metal roof looking vibrant and appealing.
Regal White Bone White Sandstone Almond Surrey Beige
Medium Bronze Tudor Brown Mansard Brown Patrician Bronze Matte Black
Brite Red
Colonial Red Brandywine Terracotta Patina Green Evergreen Hartford Green Roman Blue Regal Blue Ash Gray Slate Gray Charcoal
Buckskin
Galvalume PlusSilver Metallic* Copper Penny* Leadcoat* Preweathered Galvalume*
Champagne
Metallic*
Dark Bronze
*represents roof colors available with a slight upcharge Due to the nature of printed materials, colors may vary slightly from the swatches shown.
Please request actual color sample before making final selection. 244
®
www.poligon.com | 616.888.3500
L1007
We are certified by the Powder Coating Institute as PCI-4000. This means that we ensure all of our products are produced with a high quality powder coated frame. As a certified coater, we have developed a methodology to continually improve and enhance our power coating process, giving you the best product available on the market.
Frame & Roof Finish Technical Data
Poli-5000® Frame Finish
Excellent Durability
Higher surface hardness / scratch resistance
Reduced chance of damage to coating
during installation
High resistance to cleaners and chemicals
High resistance to wind borne abrasives
Kynar-500® Roof Finish
This high-performance fluoropolymer resin withstands the rigors of nature and time with its extraordinary capability to retain color and gloss. Noted by architects around the world, our Kynar-500® coated roofs will keep your shelter looking its best for years to come.
Technical Notes
Custom colors are available for frames and roofs. Such colors may incur an up charge, require extended lead times, and have minimum order requirements. Custom roof colors may not be Kynar-500®. Consult with Poligon for details.
Test Description Test Method Poli-5000® Results
Salt Spray Resistance ASTM B 117 / ASTM D 1654 Method 2 (No scraping) 10,000 hours, no creep from scribe line, rating of 10 Humidity ASTM D2247-02 5,000 hours with no loss of adhesion or blistering UV Light Resistance ASTM G154-04 - 2,000 hours of exposure. Alternate cycles (4 hours UVA and 4 hours condensation)
A) No chalking
B) 75% color retention
C) Color variation - max 3.0 E variation CIE formula
(before and after 2,000 hours of exposure)
Stain Resistance ASTM D1308 - 2e1 24 hours exposure with 10% concentration
No stain from the following: Mustard, Tannic Acid, Ketchup, Citric Acid, Coffee, Tartaric Acid, Cola, Oleic Acid, Lactic Acid, Orange Juice
Scratch Resistance Hoffman Scratch Hardness Tester No substrate appearance with 1,000 gram load Adhesion ASTM D3359-02 ASTM Class 4B rating or better
Impact Resistance ASTM D2794-93 100 in lbs. without cracking Hardness ASTM D6636-92a 2H min. - no indentation
Flexibility ASTM D522-93a 1/8” no cracking or loss of adhesion at bend Abrasion Taber abraser CS10 Wheel (1,000 mg. load) 14 mg. max weight loss per cycle Solvent Resistance 50+ MEK rubs Minimal to no dulling or color removal Poli-5000® Durability & Longevity Testing
Superior Exterior Performance
High resistance to salt spray
High resistance to chalking
High resistance to film coating erosion
Excellent color and gloss retention
Connect with Poligon
Our knowledgeable sales staff will answer your questions, forward materials, or refer you to a representative in your area. 245
012621-PPC
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Solicitation Number: RFP #012621
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and PorterCorp, 4240 N. 136
th Ave., Holland, MI 49424 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Open Air Structures and Accessory or Utility Buildings with Related Equipment and Services from which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires March 5, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
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All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
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time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing
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restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.
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Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their
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respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
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a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance
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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
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The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40
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hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any
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agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
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22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell PorterCorp
By: __________________________ By: __________________________ Jeremy Schwartz Ben Judy
Title: Director of Operations &
Procurement/CPO
Title: Director of Sales & Marketing
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Bid Number: RFP 012621 Vendor Name: PorterCorp
282
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 18, 2023
TO: LINDA REICH, CITY MANAGER
FROM: MICHELLE DAWSON, INTERIM PUBLIC WORKS DIRECTOR AND AMER
JAKHER, SPECIAL PROJECTS ADMINISTRATOR
SUBJECT
..titl e
Notice of Completion: WA19C Eastside Water Treatment Plant Paving Project. ..end
RECOMMENDATION
1) Accept the Eastside Water Treatment Facility (EWTF) Paving Plant Project (WA19C), by Mission Paving & Sealing, Inc., contract No. 2023-237 as complete; 2) authorize the release of the retention funds following the 35 -day lien period; 3) authorize the Director of Public Works to file the Notice of Completion ; 4) authorize the release of Performance and Labor & Material bonds and accept a Warranty Bond; and 5) authorize the Director of Public Works to approve the release of the Warranty Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship.
..body
FISCAL IMPACT
The project was completed within the council approved project budget WA19C.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Responsible Long-Range Planning
Revenue: Click or tap here to enter text.
Expenditure: 3257020 – 48005 | 48009 – WA19C
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 283
CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: NOTICE OF COMPLETION: WA19C EASTSIDE WATER TREATMENT PLANT PAVING PROJECT.
PAGE: 2
BACKGROUND
On March 7, 2023, City Council awarded a construction contract to Mission Paving & Sealing, Inc., Irwindale, CA, in the amount of $89,798 for the Eastside Water Treatment Plant Paving Project (WA19C). Additionally, the City Council authorized expenditures of up to $8, 980 for project contingencies bringing the total construction contract amount not-to exceed $98,778.
ISSUES/ANALYSIS
All work has been completed per the terms of the construction contract No. 2023 -237. One change order was issued to reflect the actual final contract quantities placed during construction and for additional items that were identified in the field. The following is a summary of the final accounting of costs for construction:
Project WA19C – EWTF Paving Project CONTRACT CONTINGENCY Original Contract & Contingency $89,798.00 $8,980.00
Contract Change Order No. 1 $8,588.00 -$8,588.00
Final Construction Contract Amount $98,386.00 $392.00
Mission Paving & Sealing, Inc., Irwindale, CA, has complied with the terms of the contract. A Notice of Completion (NOC) has been prepared for filing with the San Bernardino County Recorder's Office. The retention funds will be released following the 35-day lien period.
Attachment:
Notice of Completion - Mission Paving & Sealing, Inc. (WA19C) 284
RECORDING REQUESTED BY
City of Chino
Public Works Department
P.O. Box 667
Chino, CA 91708
AND WHEN RECORDED MAIL TO
City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667
TITLE ORDER NO. ESCROW NO. 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 (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:
Names Addresses
City of Chino
13220 Central Avenue
City of Ontario 303 East “B” Street
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
None
None
(If no transfer made, insert “none”)
7. A work of improvement on the property hereinafter described was completed on July 18, 2023
8. The name of the contractor, if any, for such work of improvement was:
Mission Paving and Sealing, Inc.
(If no contractor for work of improvement as a whole, insert “none”)
9. The property on which said work of improvement was completed is in the City of Chino and City of Ontario, County of San Bernardino, State of California, and is described as follows:
All areas within the property line boundaries of Contract No. 2023-237 for Eastside Water Treatment Facility (WA19C) Plant Paving Project
10. The street address of said property is 7537 Schaefer Avenue, Ontario, CA. (If no street address has been officially assigned, insert “none”)
SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: July 18, 2023
Michelle Dawson, Interim Director of Public Works
CERTIFICATION FOR NOTICE OF COMPLETION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss
CITY OF CHINO )
I HEREBY CERTIFY that I am the Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.
I declare under penalty of perjury, that the foregoing is true and correct. Executed on July 18, 2023 , at City of Chino, California
____________________________________________________________________ Michelle Dawson,
Interim Director of Public Works 285
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 18, 2023
TO: LINDA REICH, CITY MANAGER
FROM: MICHELLE DAWSON, INTERIM PUBLIC WORKS DIRECTOR AND AMER
JAKHER, SPECIAL PROJECTS ADMINISTRATOR
SUBJECT
..titl e
Notice of Completion: R2071 – Benson Avenue Permanent Lift Station Project. ..end
RECOMMENDATION
1) Accept the Benson Avenue Permanent Lift Station Project (R2071) , with Caliagua, Inc., Contract No. 2021-276 as complete; 2) authorize release of the retention funds following the 35- day lien period; and 3) authorize the Interim Director o f Public Works to file the Notice of Completion.
..body
FISCAL IMPACT
The project was completed within the Council approved project budget. All work related to City infrastructure relocations attributable to the Benson Avenue Permanent Lift Station Project are reimbursable per agreement 24768 between Caltrans and the City.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Financial Stability
Responsible Long-Range Planning
Revenue:
Expenditure: 5307340 – 48005 | 48008 | 48009 – R2071
Transfer In: Transfer Out:
286
CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: NOTICE OF COMPLETION: R2071 - BENSON AVENUE PERMANENT LIFT STATION PROJECT.
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 the Project No. R2071 – Benson Avenue Permanent Lift Station.
Part of the project award included authorized expenditures for continge ncies in the amount of $89,320. Caliagua, Inc. substantially completed the lift station and the pre -start-up activities for the new pump station. On Ma y 24, 2022, Caliagua, Inc. trained staff on operating the pump station and waited for the lift station to be energized to complete the remaining work.
Staff submitted this project’s design request to Southern California Edison (SCE). A final design was received from SCE to provide power to the permanent sewer lift station in January 2021.
City Staff has expe rienced delays from SCE in relation to energizing the project site. City staff and Caliagua, Inc. attempted to be placed on SCE’s schedule to initiate energizing activities, but SCE delayed these scheduling efforts. SCE’s delays resulted from SCE not being able to schedule crews promptly, having to postpone the project sites’ 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 existi ng third-party utility lines that SCE had yet to reveal during their design. As such, SCE had to cancel the scheduled work and hold internal discussions with staff to find a new location to install their infrastructure and revise the civil and electrical d esign required to energize the City’s permanent lift station. SCE provided staff with an estimated date of the week ending October 28, 2022, to energize.
Caliagua could not proceed with the remainder of the construction work until SCE provided permanent p ower to the project site. Caliagua required permanent power to energize the lift station. The balance of the construction work entailed start-up and testing, demolition of the temporary lift station, paving, closeout, and demobilization. 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.
On October 18, 2022, City Council approved a contingency increase of $60,188.48 to account for the SCE delays. In November 2022, permanent power was provided, and the permanent lift station was energized.
In late November 2022, the City was informed that the fencing and gate access for the San Bernardino County Flood Control District, south of the project site, was to be restored to their requirements. The City was issued a permit in 2021 to access the San Bernardino County Flood Control District right-of-way to continue operation and maintain the temporary sewer lift station while the permanent sewer lift station was being built. The fencing limit and requirements were reviewed in the field with a San Bernardino County Flood Control District Permit Inspector.
In early December 2022, it was discovered that a sewer lateral near the project site experienced backup issues and needed to be rerouted to the sewer main along Portsmouth Street. As a temporary solution, City staff removed the plug from an 8 -inch main inside a new maintenance hole along Benson Avenue to allow flow to move. The necessary fi eld data and GIS information were collected for a new alignment to be prepared by the design engineer.
Staff obtained, reviewed, and negotiated a quote from Caliagua to reroute the sewer lateral . On May 2, 2023 City Council approved Change Order No.7 to proceed and complete the remainder of the work.
287
CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: NOTICE OF COMPLETION: R2071 - BENSON AVENUE PERMANENT LIFT STATION PROJECT.
PAGE: 3
ISSUES/ANALYSIS
All work has been completed per the terms of contract 2021-276. The following is a summary of the final counting of costs for construction:
Project #R2071 Contract Balance Contingency Balance
Original Contract & Contingency $ 893,200.00 $ 89,320.00 Change Orders No. 1-5 $ 76,852.94 -$76,852.94
Contingency Increase Approved 10-18-22 $60,188.48
Change Order No. 6 $ 65,660.25 $-65,660.25
Contingency Increase Requested 5-2-23 $87,153.71
Change Order No. 7 $ 84,149.00 -$84,149.00
Final Contract & Contingency Balance $ 1,119,862.19 $10,000.00 Total Contract Not-To-Exceed Amount $1,129,862.19
Caliagua, Inc., Anaheim, CA, has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder’s Office. The retention funds will be released following the 35-day lien period.
Attachment:
Notice of Completion - Caliagua, Inc. (R2071)
288
RECORDING REQUESTED BY
City of Chino
Public Works Department
P.O. Box 667
Chino, CA 91708
AND WHEN RECORDED MAIL TO
City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE OF COMPLETION
CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Chino
3. The full address of the undersigned is 13220 Central Avenue, Chino, CA 91710
4. The nature of the title of the undersigned is: In fee (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 07/18/23
8. The name of the contractor, if any, for such work of improvement was:
Caliagua, Inc
(If no contractor for work of improvement as a whole, insert “none”)
9. The property on which said work of improvement was completed is in the City of Chino, County of San Bernardino, State of California, and is described as follows:
3 Bridges Benson Avenue Sewer Permanent Pump Station Project (R2071)
10. The street address of said property is NONE
(If no street address has been officially assigned, insert “none”)
SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: 7/18/2023 Michelle Dawson, Interim Director of Public Works
CERTIFICATION FOR NOTICE OF COMPLETION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss
CITY OF CHINO )
I HEREBY CERTIFY that I am the Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.
I declare under penalty of perjury, that the foregoing is true and correct. Executed on ___July 18,2023_____, at City of Chino, California
Michelle Dawson
Interim Director of Public Works
289
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 18, 2023
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, SPECIAL PROJECTS ADMINISTRATOR
SUBJECT
..titl e
Road Maintenance and Rehabilitation Account Project List for Fiscal Year 2023-24.
..end
RECOMMENDATION
Adopt Resolution No. 2023 -050 to update the Road Maintenance and Rehabilitation Account project list and projected revenues and authorize the City Manager to execute the necessary documents on behalf of the City.
..body
FISCAL IMPACT
The adjusted revenue amount matches the revenue adopted in the Fiscal Year 2023-24 Budget.
Therefore, there is no fiscal impact associated with this item.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Financial Stability
Responsible Long-Range Planning
Positive City Image
Revenue: 3271000-51610
Expenditure:
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 290
CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: ROAD MAINTENANCE AND REHABILITATION ACCOUNT PROJECT LIST FOR FISCAL YEAR 2023-24.
PAGE: 2
BACKGROUND
On April 28, 2017, the Road Repair and Accountability Act of 2017 (SB1) was signed into law by the Governor of California. On November 1, 2017, the State Controller beg an the deposit of various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and H ighway Code (SHC) Section 2032(h). Prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year, a city or county must submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with t hese funds pursuant to an adopted city or county budget.
In addition, the list of projects must also be approved by the City Council via resolution. In compliance with the 2017 Local Streets and Roads Funding, Amended Annual Reporting Guidelines dated Octo ber 2017, staff identified and developed the various projects outlined in Resolution No. 2023-050 for new RMRA funding allocations.
ISSUES/ANALYSIS
The City is apportioned a specific amount of RMRA funding each fiscal year that is in turn utilized to fund a variety of road and transportation improvement projects Citywide. The City of Chino is projected to receive an estimated allotment of $2,229,256 in RMRA funds for FY2023 -
24. Therefore, staff recommends that City Council approve Resolution 2023-050, approving the List of Projects for FY 2023 -24 to be funded by the Road Repair and Accountability Act of 2017 (SB1-RMRA) outlined below and described in further detail in the attached resolution.
List of Projects funded in FY 2023-24
Road Repair and Accountability Act of 2017 (SB1-RMRA)
Project
No.
Project Title Project Location
MS221 CITYWIDE SIGNAGE
IMPROVEMENT PROJECT
CITYWIDE
ST231 LOCAL STREET
REHABILITATION PROJECT
FY2023
CENTRAL AVENUE N/O SR 60 to CITY
LIMITS and CHINO AVENUE NORTH TO
SR60
ST162 STREET REHABILITATION
PROJECT PIPELINE &
RAMONA AVENUES
PIPELINE AND RAMONA AVENUES
ST182 TDA PROJECT - BICYCLE,
PED. & TRANSIT
IMPROVEMENTS
CITY OF CHINO - VARIOUS LOCATIONS
ADJACENT TO CHINO HIGHSCHOOL
MS212 PAVEMENT MANAGEMENT
SYSTEM SOFTWARE
CITYWIDE
ST203 PINE AVENUE
IMPROVEMENTS
PINE AVENUE – EL PRADO TO SR-71
TR211 TRAFFIC SIGNAL
MODIFICATIONS
INTERSECTIONS PHILADELPHIA AND
TELEPHONE AVENUES, RIVERSIDE
291
CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: ROAD MAINTENANCE AND REHABILITATION ACCOUNT PROJECT LIST FOR FISCAL YEAR 2023-24.
PAGE: 3
DRIVE AND MAGNOLIA AVENUE,
RIVERSIDE AND MOUNTAIN AVENUE,
AND PHILADELPHIA AND TOWN SQUARE
Attachment
Chino - RMRA Resolution 2023-050
292
RESOLUTION NO. 2023-050
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR
2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Chino are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Chino must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each propose d project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Chino, will receive an estimated $ 2,229,256 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City of Chino is receiving SB 1 funding and will enable the City of Chino to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Chino has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Chino used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost -effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Chino maintain and rehabilitate streets/roads, traffic signals , and add active transportation infrastructure throughout the City of Chino this year and similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City of Chino’s streets and roads are in an “excellent/good/at -risk/poor” condition and this revenue will help us increase the overall quality of our r oad system and over the next decade will bring our streets and roads into excellent condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive benefits to the City of Chino.
293
RESOLUTION NO. 2023-050
PAGE 2
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF CHINO, STATE OF CALIFORNIA DOES HEREBY RESOLVE as follows:
The foregoing recitals are true and correct.
1. The following list of newly proposed projects will be funded in -part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:
Project
No. Project Title Project
Location
Project
Description
Estimated
Useful Life
Anticipated
Project
Schedule
TR211
T.S.M. Riverside Dr
@ Magnolia and
Mountain
Intersections
Philadelphia
and
Telephone
Avenues,
Riverside
Drive and
Magnolia
Avenue,
Riverside and
Mountain
Avenue, and
Philadelphia
and Town
Square.
Upgrade
equipment to
Traffic Signal.
10 Years July 2023 - June
2024
2. The following previously proposed and adopted projects may also utilize Fiscal Year 2023- 24 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of Chino is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Project
No. Project Title Project Location Project
Description
Estimated
Useful Life
Anticipated
Project
Schedule
ST203 Pine Ave
Improvements/Chino Pine Avenue
New six-lane
arterial roadway
with a raised
landscaped
median to
connect Pine Ave
to SR-71
Freeway.
20 Years July 2023 -
June 2024
294
RESOLUTION NO. 2023-050
PAGE 3
ST182
Bicycle, Pedestrian
& Transit
Improvements
B Street and C
Street between
Monte Vista
Avenue and 4th
St. 12th Street, B
Street, 10th St, C
St, Washington
Ave, Park Pl,
Serene Ave,
Sequoia Ave, and
Rosario St.
Pedestrian route
and sidewalk
replacement, path
of travel asphalt
rehabilitation.
Intersection grind
and overlay,
cross gutter
repair, striping,
crosswalks, curb
ramp removal and
replacement.
20 Years July 2023 -
June 2024
ST231
Local Street
Rehabilitation
Project FY2023
Residential
Streets between
Chino
Ave/Schaefer Ave
and Monte
Vista/Central
Grind and overlay
on residential
streets and
provide
accessibility
improvements.
10 Years
September
2023 - June
2024
ST162
Street Rehabilitation
Project – Pipeline
and Ramona
Avenues
Ramona and
Pipeline Avenues
Grind and overlay
on Pipeline
Avenue from
Grand Avenue to
Eucalyptus South,
and accessibility
improvements.
10 Years July 2023 -
June 2024
MS212
Pavement
Management
System Software
Project
Citywide
Provides for
procurement of
software and
training for
Pavement
Management
System for
Citywide
maintenance.
10 Years July 2023 -
June 2024
MS221 Citywide Signage
Project
Central Avenue,
Chino Avenue and
Mountain Avenue
from City Limit to
Limit. Downtown
Area
Replacement and
installation of
roadway street
signage
throughout the
City.
20 Years July 2023 -
June 2024
295
RESOLUTION NO. 2023-050
PAGE 4
3. The City Manager or her designee is hereby authorized as Signature Authority to execute all documents necessary to implement and secure any and all funds that may become available to the City from SB 1.
4. The City Clerk shall certify to the adoption of this Resolution
APPROVED AND ADOPTED THIS 18th DAY OF JULY 2023.
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, CITY CLERK
State of California )
County of San Bernardino ) ss.
City of Chino )
296
RESOLUTION NO. 2023-050
PAGE 5
I, Natalie Gonzaga, 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 July, 2023 by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
297
MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 18, 2023
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, INTERIM DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
..titl e
Approve the Introduction of Ordinance No. 2023-017.
..end
RECOMMENDATION
..recommendation
1) Conduct a public hearing; and 2) approve the introduction of Ordinance No. 20 23-017, to be read by number and title only and waive further reading of the Ordinance. ..body
FISCAL IMPACT
The cost to enforce the updated codes and provide staff training has been included in the annual Building Division budget for Fiscal Year 2023 -2024. No other fiscal impacts are anticipated. SolarAPP+ is free for jurisdictions, which includes no -cost updates after the initial onboarding. SolarAPP+ collects an administrative fee from applicants for the expedited permit service.
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:
Effective Technology
Responsible Long-Range Planning
Revenue:
Expenditure:
Transfer In: Transfer Out:
298
CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: APPROVE THE INTRODUCTION OF ORDINANCE NO. 2023-017.
PAGE: 2
BACKGROUND
Solar Automated Permit Processing Plus (SolarAPP+)
On September 16, 2022, Senate Bill 379, the Solar Access Act, was approved by the Governor of California, requiring cities and counties to streamline the permitting process for solar permits by September 30, 2023 . The U.S. Department of Energy supports an application called the Solar Automated Permit Processing Plus (SolarAPP+) that is currently being used by other local jurisdictions and is said to be efficient and provide a high leve l of service to residents and developers. SolarAPP+ is believed to save time and funds, and would potentially encourage residents to apply for solar due to the streamlined permitting process, thus improving economic development and achieving renewable ener gy goals. The City i s now amending Chapter
15.46.010 to meet State requirements.
Climate Action Plan (CAP) Update
The City of Chino (“City”) adopted its first Climate Action Plan (CAP) in November 2013, which served as the City’s primary policy document fo r addressing greenhouse gas (GHG) emission reductions. Since the adoption of the City’s CAP, the State has enacted new climate change regulations. To ensure conformity with the latest State climate change regulations, the CAP was updated by the City in Nov ember 2020. As a cleanup item, staff is proposing a modification to Chapter 15.45.070, to reflect the updated greenhouse gas reduction requirements for new developments per the City’s CAP Update.
ISSUES/ANALYSIS
Solar Automated Permit Processing Plus (SolarAPP+)
SolarAPP+ will serve as an expedited permit process and can be integrated with the City’s current permitting software, Accela. SolarAPP+ will not affect the fees collected by the City and will allow the City to retain its existing fee structure. W ith Accela, jurisdictions can allow solar installers to submit projects into SolarAPP+, receive approval documentation, and complete their permit application in Accela with the SolarAPP+ pre -approved solar plan. This enables the installer to then receive their permit instantly after payment is confirmed.
An addition to the City’s Municipal Code, Chapter 15.46.010 (Rooftop Solar Energy Systems), will include SolarAPP+ as an electronic review process option for applicants to submit for small residential rooft op solar only at this time. T his will further implement our goal of effective technology by providing applicants with an expedited review and permit issuance process with a $25.00 administrative fee payable to SolarAPP+, in addition to the City’s permit fees.
Climate Action Plan (CAP) Update
Currently, Chapter 15.45.070 (GHG Performance Standard for New Development) requires new developments to exceed Title 24 by 3%, which reflects outdated information from the City’s first CAP. The updated CAP now requires new developments to exceed Title 24 by 5%, as an option to meet CAP requirements . Staff are proposing to revise the percentage from 3% to 5% to conform to the City’s latest CAP. CAP provides responsible long-range planning as it allows for a process to address GHG in the community.
Attachment:
Ord 2023-017 (Title 15 Amendment)
299
01225.0005/901810.2
ORDINANCE NO. 2023-017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF
TITLE 15 OF THE CHINO MUNICIPAL CODE TO INCORPORATE
UPDATES TO THE CITY’S CLIMATE ACTION PLAN AND
UPDATE THE ROOFTOP SOLAR PERMITTING PROCESS TO
INCLUDE SOLARAPP+
WHEREAS, the City adopted its first Climate Action Plan (CAP) in November 2013, which served as the City’s primary policy document for addressing greenhous e gas (GHG) emission reductions. Since the adoption of the City’s CAP, the State has enacted new climate change regulations. To ensure conformity with the latest State climate change regulations, the CAP was updated by the City in November 2020. The City now desires to amend Section 15.45.070 of the municipal code to reflect the updated greenhouse gas reduction requirements for new developments per the City’s Climate Action Plan Update; and
WHEREAS, Senate Bill 379, the Solar Access Act, requires cities an d counties to streamline the permitting process for solar permits. The U.S. Department of Energy supports an application called SolarAPP+ that is currently being used by other local jurisdictions and is said to be efficient and provide a high level of service to residents and developers. The application is believed to save time and funds, and would potentially encourage residents to apply for solar due to the streamlined permitting process, thus improving economic development and achieving renewable energy goals. The City is incorporating SolarAPP+ into its permitting process and now desires to amend Section 15.46.010 of the municipal code to reflect the availability of SolarAPP+ for City permits.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.
Section 2. Section 15.45.070 of Chapter 15.45 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
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 by five percent for discretionary review; or
2. Achieve an equivalent reduction through voluntary measures in the California Green Building Standards Code, Title 24, Part 11 (CALGreen) in effect at the time of development application sub mittal for discretionary review; or
300
Ordinance No. 2023-017