Chino City Council
March 19, 2024

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers. Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.

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

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, MARCH 19, 2024

REGULAR MEETING
AGENDA
CLOSED SESSION – 5:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

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

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

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.

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

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

FLAG SALUTE

PRESENTATIONS
Grandma's House Arredondo Family Day Care's Published Book. Recognition of Arredondo Family Day Care's 2023-24 Published Book "Friends Around the World" Authors.

Chino Days Art and Writing Contest Winner Recognition. Recognition of Chino Days Art and Writing Contest Winners.
1 CHINO CITY COUNCIL
MARCH 19, 2024 2
San Bernardino County Transportation Authority (SBCTA) Presentation. SBCTA 60 Freeway Construction Update.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

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

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

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 769434 to 769738, and Electronic Fund Transfers 518835E to 518935E, totaling $5,714,919.02.

2. Minutes. Regular Meeting Minutes for March 5, 2024 (All Members Present).

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

4. Adoption of Ordinance No. 2024 -005. Approve the adoption of Ordinance No. 2024 -005 amending Chapter 8.60 (Floodplain Management ), of the Chino Municipal Code (Second Reading).

ORDINANCE NO. 2024 -005 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 8.60 (FLOODPLAIN MANAGEMENT) OF TITLE 8 OF THE CHINO MUNICIPAL CODE

5. Notice of Completion - Well 11 Pipeline Project - WA211. Accept the Well 11 Pipeline Project (WA211), with MCC Equipment Rentals, Inc., Yucaipa, CA, contract 2022 -280, as complete and authorize the Director of Public Works to file the Notice of Completion.

6. Notice of Completion: Traffic Signal Upgrades Projects - TR152, TR211 and TR214. Accept the Traffic Signal Upgrades Projects TR152, TR211 and TR214, with International Line Builders dba ILB Electric, Corona, CA, contract 2023 -250 as complete and authorize the Director of Public Works to file the Notice of Completion.

7. Final Acceptance - Tract Map No. 20223 (Chino Preserve Development Corporation). Approve final acceptance of public improvements for Tract Map No. 20223 (an “A” level map for Lot 11), as presented by Chino Preserve Development Corporation, generally located east of West Preserve Loop, south of Garden Park Street and west of Main Stree 2 CHINO CITY COUNCIL
MARCH 19, 2024 3

8. Public Improvement Agreement with Hillsborough Phase III, LLC. Approve Public Improvement Agreement with Hillsborough Phase III, LLC for Site Approval PL16 -0357 located at 11930 Central Avenue.

9. Adopt Resolution 2024 -008 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer and request approval from the San Bernardino LAFCO for Sanitary Sewer service for the property at 12251 Pipeline Avenue. Covenant Agreement to Annex for Sanitary Sewer Service and Request Approval from the San Bernardino Local Agency Formation Commission (LAFCO) for the Property Located at 12251 Pipeline Avenue within the City of Chino’s Sphere of Influence.

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

10. Assembly Bill (AB) 481 - Funding, Acquisition, and Use Policy. Assembly Bill (AB) 481 - Funding, Acquisition, and Use Policy
Staff Report By: Lieutenant Aaron Kelliher
RECOMMENDATION: Adopt Ordinance No. 2024 -006, approving the Chino Police Department's "Military Equipment" Use Policy.

ORDINANCE NO. 2024 -006 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA APPROVING THE UPDATED CHINO POLICE DEPARTMENT’S

MILITARY EQUIPMENT USE POLICY

11. Introduction of Ordinance No. 2024 -004 (ZOA PL23 -0119). Conduct a Public Hearing and approve the introduction of Ordinance No. 2024 -004, to be read by number and title only, and waive further reading of the Ordinance.

Staff Report By: Michael Hitz, AICP, Principal Planner
RECOMMENDATION: 1) Conduct a Public Hearing; and 2) approve the introduction of Ordinance No. 2024-004, a proposed amendment to Title 20 (Zoning) and Title 16 (Sign Code) of the Chino Municipal Code consisting of modifications and additions to Chapter 20.08 (Agricultural, Open Space, and Public Zoning Districts) and Chapter 20.24 (Glossary), to be read by number and title only, and waive further reading of the Ordinance.

ORDINANCE NO. 2024 -004 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE SIGN CODE (TITLE 16 OF THE MUNICIPAL CODE) AND ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL23-0119 (ZONE ORDINANCE AMENDMENT)

NEW BUSINESS

12. Fiscal Year 2023 -24 Mid-Year Financial Review. Receive and file the Financial Review Status Report.

Staff Report By: Rob Burns, Director of Finance
3 CHINO CITY COUNCIL
MARCH 19, 2024 4
RECOMMENDATION: 1) Receive and file the Financial Review Status Report; 2) appropriate $372,000 from the unappropriated reserves of the General Fund, $110,000 from the unappropriated reserves of the Landscape & Lighting District Fund, $20,000 of unappropriated reserves of the Enterprise Funds; $60,000 of unappropriated reserves from the Sewer Lift Station Fund, $550,000 from the unappropriated reserves of the Insurance Liability Fund and $260,500 from the unappropriated reserves of the Building Management Fund; 3) approve contract amendments for Bureau Veritas Technical Assessments, Hinderliter De Llamas & Associates, Data Ticket, Engineering Resources of Southern California, Kimley Horn, PMK Associates, Transtech Engineering, and Z & K Consultants; 4) approve an increase to the Purchase Orders for Am -Tec Total Security, Anser Advisory Management, Chino Basin Desalter Authority, Dave Bang Associates, Dunn Edwards, E.I. Computer Systems, Ferguson, InfoSend, Inland Empire Utilities Agency (IEUA), Monument ROW, RHA Architects -Landscape, and Tarkett USA; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.

13. Final Acceptance of Public Improvements - Tract Map No. 18903 (Meritage Homes of California, Inc.). Accept the public improvements for Meritage Homes of California, Inc., located north of Chino Avenue between Pipeline and Norton Avenues, as complete, authorize release of the performance bond and initiate the warranty bond.

Staff Report By: Jesus Plasencia, Assistant City Engineer RECOMMENDATION: 1 ) Appropriate $1,178,914 to the Storm Drain Fund with a corresponding year-end transfer from the Citywide Storm Drain Development Impact Fee Fund (Fund 255), in the same amount; 2) accept public improvements as complete for Tract Map No. 18903; 3) authorize the release of the performance bond and initiate the warranty bond; 4) approve an immediate reimbursement to Meritage Homes of California, Inc. in the amount of $1,178,914 for the construction of Storm Drain Line 43 -1, thus, fulfilling the terms of the Construction Credit/Reimbursement Agreement No. 2020 -136; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

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

Mayor Ulloa
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
4 CHINO CITY COUNCIL
MARCH 19, 2024 5

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, April 2, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, March 14, 2024 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
5 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Recognition of Grandma's House - Arredondo Family Child Care. ..end
..body

6 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Chino Days Art and Writing Contest Winner Recognition.
..end
..body

7 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
San Bernardino County Transportation Authority (SBCTA) Presentation. ..end
..body

8 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 769434 to 769738, and Electronic Fund Transfers 518835E to 518935E, totaling $5,714,919.02. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 23-24 Operating 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:
 Financial Stability

Revenue:

Expenditure:

Transfer In: Transfer Out:
9 CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: WARRANTS.

PAGE: 2

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

NO. WARRANTS DATE FY AMOUNT

1. 769434 – 769594 2/15/24 23-24 $1,911,840.26

2. 769595 – 769598 2/16/24 23-24 $314.00

3. 769599 2/27/24 23-24 $550,000.00

4. 76900 – 769738 2/29/24 23-24 $1,654,262.34

5. 518835E – 518883E 2/16/24 23-24 $1,163,749.84

6. 518884E – 518935E 3/1/24 23-24 $434,752.58

E: Electronic Fund Transfer
TOTAL $5,714,919.02

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

RB:hm
Attachment

10 Council Meeting 3/19/24

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

Check
Number
Check Date Vendor Name Description Amount
769439 02/15/2024 ALESHIRE & WYNDER LLP CITY ATTORNEY SERVICES $100,588.56 769519 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $69,241.00
769536 MNR CONSTRUCTION, INC. YORBA & EUCALYPTUS SEWER $55,057.75 769566 S/B COUNTY ASSOC GOVERNMENTS SR60/CENTRAL INTERCHANGE PROJECT $869,455.70 769574 SO CAL EDISON CO SERVICE PERIOD: 01/05-02/04 $83,239.88 769590 WASTE MANAGEMENT COLLECTION SERVICES $430,535.73 518844 02/16/2024 CIVICA LAW GROUP, APC PROFESSIONAL LEGAL SERVICES $52,172.61 518860 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $894,452.28 518866 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE $58,787.73 769599 02/27/2024 IVIE MCNEILL WYATT PURCELL & DIGGS, A

PROFESSIONAL
SETTLEMENT $550,000.00
769603 02/29/2024 ALL AMERICAN ASPHALT CITYWIDE SLURRY SERVICES $110,428.08 769667 LOS ANGELES ENGINEERING, INC MVP PUBLIC RIGHT OF WAY $67,011.68 769669 M K SMITH CHEVROLET ONE 2023 CHEVROLET TAHOE $57,209.81 769671 MARIPOSA LANDSCAPES, INC. COMMUNITY GARDEN IRRIGATION $56,499.20 769675 MICON CONSTRUCTION, INC. OSHM BARN & SITE IMPROVEMENTS $99,640.49 769679 MOTOROLA SOLUTIONS, INC. HANDHELD/VEHICLE PD RADIO $355,101.17 769710 SANCON TECHNOLOGIES INC SEWER RELINE $60,616.65 769729 US BANK CORPORATE PAYMENT NOVEMBER 2023 $54,333.20 769735 WESTERN AUDIO VISUAL CHANNEL3-WAV-BROADCAST STUDIO $199,172.84 769737 Z & K CONSULTANTS, INC. ON CALL CIP PROJECTS $234,347.00 518894 03/01/2024 BUREAU VERITAS TECHNICAL ASSESMENTS
LLC
PLAN CHECK SERVICES $109,692.17
518915 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $87,440.46

22 TOTAL $4,655,023.99

11 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Regular Meeting Minutes for March 5, 2024 (All Members Present). ..end
..body

12 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, MARCH 5, 2024

MINUTES
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The March 5, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:00 pm by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, and Council Member Marc Lucio ABSENT: NONE.

FLAG SALUTE
Council Member Burton led the assembly in reciting the Pledge of Allegiance.

CEREMONIALS
Proclamations
National Nutrition Month - March 2024. Proclaim March 2024, as National Nutrition Month implemented by the Academy of Nutrition and Dietetics.

Mayor Ulloa read into the record the Proclamation designating March 2024 as National Nutrition Month in Chino. Mayra Pratt, City of Chino Community Services, Parks & Recreation Manager, Amy Wong, Nutrition Supervisor, and Teresa Seifert, Operations Manager, Chino Valley Unified School District were present to accept the Proclamation.

Presentations
Business of the Month. Award of Business of the Month for March 2024 to Chino Veterinary Hospital.

Mayor Ulloa presented the March 2024 Business of the Month Award to Chino Veterinary Hospital. Dr. Robert Hill, and his staff, were present to accept the award.

Mayor’s Home Beautification Award. Award of Mayor’s Home Beautification Award for March 2024.

Mayor Ulloa announced the Mayor’s Home Beautification Award for March 2024 was awarded to Christopher Lim and Mary Wong of Dublin Drive.
13 CHINO CITY COUNCIL
MARCH 5, 2024 2
San Bernardino County Supervisor Curt Hagman. Receive updates regarding San Bernardino County from Fourth District Supervisor Curt Hagman.

Supervisor Hagman provided San Bernardino County Fourth District updates regarding the AMR contract, homelessness ad hoc committee, federal funding, Prado Park, Chino Airport, Ontario International Airport, recent funding opportunities, LiveNation Five Points Amphitheater, Prado Shooting Park, and the 2028 Olympics.

City Council members thanked Supervisor Hagman for providing updates and inquired further regarding the Live Nation project, Ontario International Airport flight paths, and the condition of Euclid Avenue in preparation of the 2028 Olympics.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no additions or revisions to the agenda.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events and reminders:

The second annual Chino Days festival is on March 16, 2024 from 2:00 p.m. - 8:00 p.m. and March 17, 2024 from 11:00 a.m. - 5 p.m. at the Chino Civic Center. The event celebrates Chino’s culture by featuring Chino history, arts & crafts, live music, and food available for purchase. The featured band on Saturday at 5:15 p.m. is “Young Guns,” a country band, and on Sunday at 2:15 p.m. is “The Flux Capacitors,” an 80s band. More information is available at ww.cityofchino.org/chinodays.

Taking place during the Chino Days festival, is the 'Signs of Our City' fundraiser, a unique opportunity to own a piece of Chino's history through the purchase of decommissioned street signs. Every purchase directly supports the Chino Youth Museum. The sale will take place during the two-day Chino Days event at the Neighborhood Activity Center. For more information visit, www.cityofchino.org/SignsOfOurCity.

As the City of Chino moves forward with our General Plan Update, residents and stakeholders are invited to participate in the public review and feedback process for the Technical Background Report (TBR). This critical document is the foundation of our City's future planning, outlining the key data and insights that will shape our development strategies, land use, transportation, and policy decisions. Visit www.cityofchino.org/TBR before the March 15, 2024 deadline.

PUBLIC COMMENTS
Chaplain Keith Roby, Chino Valley Fire District, provided the invocation.

Kevin Cisneroz, Chino Neighborhood House, provided an invitation to the Chino Neighborhood House Tip a Cop fundraiser taking place on March 14, 2023 from 5:00 p.m. - 9:00 p.m. at Cannataro's Italian Restaurant.

Michael Gales, Chino resident, expressed appreciation for the City and shared concerns regarding potholes and vehicles not stopping for school busses near the intersection of Riverside and Benson.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 768835 to 769070, and Electronic Fund Transfers 518613E to 518688E, totaling $4,726,288.49. 14 CHINO CITY COUNCIL
MARCH 5, 2024 3

2. Minutes. Special Meeting Minutes for February 6, 2024 (All Members Present) and Regular Meeting Minutes for February 6 and February 20, 2024 (All Members Present).

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

4. Award of Contract - City Hall 2nd Floor Furniture Replacement Project (PF210). Award a contract in the amount of $148,506.98 to New Tangram, LLC, Newport Beach, CA for the City Hall 2nd Floor Furniture Replacement project (PF210); including expenditures of up to $14,850 in construction contingencies.

5. Amendment to the Agreement for the Joint Exercise of Powers Relative to the San Bernardino Associated Governments. Approve Amendment No. 4 to the San Bernardino Associated Governments Joint Powers Authority Agreement and approve increase in City of Chino member dues to $58,614, with an annual price increase based on the Consumer Price Index or 2%, whichever is less.

Motion by Council Member Burton, seconded by Council Member Flores, to approve the Consent Calendar items 1-5 as presented. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

6. Subdivision Improvement Agreement with UTR College Park LLC for Parcel Map No. 20348, commonly referred to as “The Campus at College Park ”. Approve Subdivision Improvement Agreement and Securities with UTR College Park LLC for Tract Map No. 20348 and authorize the City Manager to execute the necessary documents on behalf of the City.

Staff Report By: Jesus Placencia, Assistant City Engineer RECOMMENDATION: 1) Approve Parcel Map No. 20348; 2) approve Subdivision Improvement Agreement and securities with UTR College Park LLC for Parcel Map No. 20348; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

Jesus Plasencia, Assistant City Engineer, provided a presentation on the item.

Mr. Henry Hong, developer of the project, reported on the status, noting they are estimated to break ground by this summer.

Council Member Burton inquired about the timeline for the vacation of the right of way and Mr.

Plasencia explained the separate process the City will complete before the project receives occupancy.

Council Member Burton inquired about the Planning Commission concerns regarding traffic surrounding the project. Mr. Plasencia and Hye Jin Lee, Public Works Director, confirmed a Capital Improvement Project is in place to address the traffic concerns. Dennis Ralls, City Traffic Engineer, provided an update and shared staff will try their best to coordinate the traffic improvements so they are completed prior to completion of the development.

Motion by Council Member Burton, seconded by Council Member Flores, to 1) Approve 15 CHINO CITY COUNCIL
MARCH 5, 2024 4
Parcel Map No. 20348; 2) approve Subdivision Improvement Agreement and securities with UTR College Park LLC for Parcel Map No. 20348; and 3) authorize the City Manager to execute the necessary documents on behalf of the City. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

7. Floodplain Management. Introduction of Ordinance No. 2024 -005 Amending Chapter 8.60 (Floodplain Management) of the Chino Municipal Code.

Staff Report By: Jesus Plasencia, Assistant City Engineer RECOMMENDATION: Approve the introduction of Ordinance No. 2024-005 Amending Chapter

8.60 (Floodplain Management) of the Chino Municipal Code, to be read by number and title only, and waive further reading of the Ordinance.

Jesus Plasencia, Assistant City Engineer, provided a presentation on the item.

Mayor Ulloa asked if the restrictions apply to temporary facilities and Hye Jin Lee, Public Works Director, confirmed they only applies to fixed structures.

Motion by Council Member Lucio, seconded by Mayor Pro Tem Comstock, to Approve the introduction of Ordinance No. 2024 -005 Amending Chapter 8.60 (Floodplain Management) of the Chino Municipal Code, to be read by number and title only, and waive further reading of the Ordinance. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on meetings and events since the last meeting that included Student Government Day; West End Mayor's Roundtable; Chino Desalter Authority Finance Committee; Chino Youth Boxing Club Banquet; Annual Mayor's Prayer Breakfast; meet and greet with Janice Rutherford and Marco Tule; read to Mrs. Garrisons 2nd grade class at Howard Cattle Elementary; quarterly meeting with Chino Valley Fire District Chief and Board Member; Senior Birthday Club; DairyAire 5K Run; Chino Soroptimists Event; and City Manager meeting.

Mayor Ulloa hopes everyone exercised their right to vote; shared a 1993 newspaper article and photo featuring Council Member Burton as a School Resource Officer; and commented on a resident making untrue statements regarding Measure V and confirmed the current City Council will not use Measure V funds for a new City Hall and hopes the residents will not believe the untrue comments.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on meetings and events attended since the last meeting 16 CHINO CITY COUNCIL
MARCH 5, 2024 5
that included CalCities Now Annual Board Meeting; City Manager meeting; CSPR Commission meeting; Annual Mayors Prayer Breakfast; Quarterly meeting with Chino Valley Fire District; Soroptimists Stepping Up Event; meeting with a local developer; and a meeting with Crosspoint Church.

Council Member Burton
Council Member Burton reported on meetings and events attended since the last meeting that included Planning Commission meeting; Annual Mayor's Prayer Breakfast; City Manager meetings; meeting with a community member; Chamber of Commerce Chino Valley Leadership Collaborative; DairyAire 5k Run; ONT Roundtable meeting; and wished Captain Nick Marotta a Happy Birthday.

Council Member Burton noted the City of Chino YouTube Channel where you can watch the City Council meetings live and acknowledged all who watch the City Council meetings live from home; and wished everyone a Happy St. Patrick's Day.

Council Member Flores

8. Community Support Fund - Council Member Flores. Approve community support fund contribution to the Cub Scout Pack 205 and Inland Valley Humane Society to support the cat spay/neuter services for feral cats in Chino.

Staff Report By: Council Member Christopher Flores
RECOMMENDATION: Approve community support fund contribution of $500 to Cub Scout Pack 205 and $500 to Inland Valley Humane Society to support the cat spay/neuter services for feral cats in Chino.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Lucio, to Approve community support fund contribution of $500 to Cub Scout Pack 205 and $500 to Inland Valley Humane Society to support the cat spay/neuter services for feral cats in Chino.

The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

Council Member Flores reported on meetings and events attended since the last meeting that included Student Government Day; Chino Youth Boxing Foundation Banquet; read to a Howard Cattle Elementary School Kindergarten Class; Annual Mayor's Prayer Breakfast; Soroptimists Stepping Up Event; and wished Captain Nick Marotta a Happy Birthday.

Council Member Lucio
Council Member Lucio provided no report to allow time to vote before the polls closed at 8:00 p.m.

City Manager's Report
City Manager Reich had no report.

City Attorney's Report
City Attorney Fred Galante reported that Proposition 1 on the March 5 Presidential Primary Ballot, includes a "by-right" provision.
17 CHINO CITY COUNCIL
MARCH 5, 2024 6
Police Chief's Report
Chief Mensen had no report.

Fire Chief's Report
Deputy Chief Carlos Skibar provided a report on incident training, upcoming application openings, and open positions.

ADJOURN
The meeting adjourned at 7:18 p.m. The next meeting of the City Council will be a Workshop held on Tuesday, March 12, 2024 at 6:00 p.m. in these Council Chambers.The next Regular Meeting of the City Council will be held on Tuesday, March 19, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 19TH DAY OF MARCH 2024.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
18 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Elected City Officials’ Report Regarding Travel, Training, and Meetings.

..end

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

..body

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2023-24 Operating Budget.

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

 Superior Customer Service
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
19 CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

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

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

Attachment – Exhibit A

20 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
None.

21 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Adoption of Ordinance No. 2024-005.
..end

RECOMMENDATION
Approve the adoption of Ordinance No. 2024 -005 amending Chapter 8.60 (Floodplain Management) of the Chino Municipal Code (Second Reading). ..body

FISCAL IMPACT
There is no fiscal impact resulting from these changes to Chapter 8.60 of the Chino Municipal Code.

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
 Superior Customer Service
 Responsible Long-Range Planning
 Public Service Excellence through Internal and External Partnerships

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. 22 CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: ADOPTION OF ORDINANCE NO. 2024-005.

PAGE: 2

BACKGROUND
This matter was introduced on first reading by the City Council at their March 5, 2024, meeting.

The ordinance ensures the regulations therein are consistent with current standards and suited to current conditions and circumstances in the City of Chino. The City is a participating community in the National Flood Insurance Program (NFIP) and the updates ensure the current floodplain management regulations meet or exceed the NFIP. By law, the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) cannot offer flood insurance in communities that do not have regulations that meet or exceed these minimum requirements.

ISSUES/ANALYSIS
ORDINANCE NO. 2024-005:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTERS 8.60 (FLOODPLAIN MANAGEMENT) OF TITLE 8 OF THE CHINO MUNICIPAL CODE.

Attachment: Ordinance No. 2024-005

23 01225.0005/901810.2
ORDINANCE NO. 2024-005

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING CHAPTER 8.60
(FLOODPLAIN MANAGEMENT ) OF TITLE 8 OF THE CHINO

MUNICIPAL CODE

WHEREAS, the City reviews and updates the provisions of Title 8, Health and Safety, from time to time to ensure the regulations therein are consistent with current standards and suited to current conditions and circumstances in the City of Chino.

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

Section 1. Chapter 8.60 of the Chino Municipal Code is hereby replaced in its entirety with the following:

Chapter 8.60 - FLOODPLAIN MANAGEMENT
Sections:

 8.60.010 - Statutory authorization.

The Legislature of the State of California has in Government Code sections 65302, 65560 and 65800 conferred upon local government the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of the city of Chino, County of San Bernardino, does hereby adopt the following floodplain management regulations.

 8.60.020 - Findings of fact.

A. The flood hazard areas of the city of Chino, County of San Bernardino are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss.

 8.60.030 - Legislative purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the city to all publicly and privately owned land within flood prone, mudslide [i.e. mudflow] or flood related erosion areas. These regulations are designed to:

A. Protect human life and health;
24 Ordinance No. 2024-005

B. Minimize expenditure of public money for costly flood control projects;

C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D. Minimize prolonged business interruptions;

E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

G. Ensure that potential buyers are notified that property is in an area of special flood hazard;

H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

 8.60.040 - Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes regulations to:

A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

D. Control filling, grading, dredging and other development which may increase flood damage;

E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

 8.60.050 - Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

"A zone" see "Special flood hazard area."

"Accessory structure" means a structure that is either:
25 Ordinance No. 2024-005

1. Solely for the parking of no more than two cars; or

2. A small, low costs shed for limited storage, less than one hundred fifty square feet and one thousand five hundred dollars in value.

"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Alluvial fan" means a geomorphologic feature characterized by a cone or fan -shaped deposit of boulders, gravel, and fine sediments th at have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Apex" means the point on an alluvial fan, or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

"Appeal" means a request for a review of the floodplain administrato r's interpretation of any provision of this chapter.

"Area of shallow flooding " means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the pat h of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of Special Flood Hazard" see "Special flood hazard area."

"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one hundred -year flood") Base flood is the term used throughout this chapter.

"Base flood elevation " (BFE) means the elevation shown on the Fl ood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one -percent or greater chance of being equaled or exceeded in any given year.

"Basement" means any area of the buil ding having its floor subgrade, i.e., below ground level, on all sides.

"Building" means "Structure."

"City" means the city of Chino.

"Development" means any man -made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent str uctures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

26 Ordinance No. 2024-005

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing th e lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the city.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"FEMA" means the Federal Emergency Management Agency.

"Flood, flooding, or flood water" means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood-related erosion.

"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city.

"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source. See "Flooding."

"Floodplain administrator" means the city official designated by title by the city council to administer and enforce the floodplain management regulations by the city council.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources i n the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations 27 Ordinance No. 2024-005

in any combination thereof which provide standards for preventing and reducing flood loss and damage.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1, TB 3, and TB 7.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway".

"Floodway fringe" means that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.

"Fraud and victimization" as related to sections 8.60.270 through 8.60.290 of this chapter means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed bu ilding adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the city as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subjec t to potential flood damage, and can be insured only at very high flood insurance rates.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity of water. The term includes only docking facilities and port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Governing body" means the City Council of the city of Chino, that is empowered to adopt and implement regulations to provide for the public heath, safety and general welfare of its citizenry.

"Hardship" as related to sections 8.60.270 through 8.60.290 of this chapter relating to variances, means the exceptional hardship that would result from a failure to grant the requested variance. The planning commission shall require that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic o r financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems ca n be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

28 Ordinance No. 2024-005

"Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.

"Levee" means a man -made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement.

See "Basement."

1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non -elevation design requirements, including, but not limited to:

a. The wet floodproofing standard in section 8.60.190(C)(3); b. The anchoring standards in section 8.60.190(A);
c. The construction materials and methods standards in section

8.60.190B;
d. The standards for utilities in section 8.60.200.

2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. (See "Basement" definition). This prohibition includes below-grade garages and storage areas.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

29 Ordinance No. 2024-005

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Market value" is defined in the city of Chino substantial damage/improvement procedures. See section 8.60.160.B.1.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a city's flood insurance rate map are referenced.

"Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

"New construction" for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of this chapter.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this city.

"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile , abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"One-hundred-year flood" or "100-year flood." See "Base flood."

"Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.

"Public safety and nuisance" as related t o sections 8.60.270 through 8.60.290 of this chapter relating to variances, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.

"Recreational vehicle" means a vehicle which is:

30 Ordinance No. 2024-005

1. Built on a single chassis;

2. Four hundred square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck;

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Remedy a violation" means to bring the structure of other development into compliance with state or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other aff ected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Sheet flow area" means "Area of shallow flooding."

"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, AI-A30, AE, A99, AH, E, M.

"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual commencement of construction means either the first plac ement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Start of construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an improvement only, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

31 Ordinance No. 2024-005

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement.

This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."

"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation" means the failure of a structure or other development or improvement to comply fully wit h the provisions of this chapter. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as the owner thereof provides such documentation.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floo dplains of coastal or riverine areas.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

 8.60.060 - Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.

 8.60.070 - Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS)" done for San Bernardino County dated January 17 th, 1997 and accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's) dated March 18th, 1996, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study, FIRM's and FBFM's are on file with the Chino Department of Public Works at 13220 Central Avenue, Chino, California 91710.

 8.60.080 - Compliance.

32 Ordinance No. 2024-005

No structure or land shall hereafter be altered, constructed, converted, developed, extended, located or used without fully complying with the provisions of this chapte r and other applicable regulations. Violation of the requirements imposed by this chapter, and any condition imposed by the planning commission or floodplain administrator which have become final, shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such additional or other lawful action as is necessary to prevent or remedy any violation hereof.

 8.60.090 - Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

 8.60.100 - Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor or the governing body;

C. Deemed neither to limit, nor repeal any other powers granted under state statutes.

 8.60.110 - Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.

This chapter shall not create liability on the part of the city, the city council, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

 8.60.120 - Severability.

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

 8.60.130 - Planning commission approval required.

Any alteration, construction, development, encroachment or extension by any person of any land or structure with in any area of special flood hazard established by section

8.60.070 shall require the prior approval thereof by the planning commission. All 33 Ordinance No. 2024-005

applications for approval under this section shall be governed by the procedures contained in Chapter 20.23 of the Chino Municipal Code. Application for such approval shall be submitted to the planning commission on forms prepared by the floodplain administrator and approved by the planning commission. The planning commission may require such information as may be nece ssary to grant or deny the requested approval including, but not limited to the following:

A. Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, materials storage areas and drainage facilities; and the location of the foregoing;

B. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures. In Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;

C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in Subsection 8.60.190C.3.;

D. All appropriate certifications listed in Subsection 8.60.160D. of this chapter;

E. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

 8.60.140 - Planning commission authority.

A. The planning commission is authorized to determine whether any person has violated the provisions of this chapter or who has failed to comply with any approval or condition of approval granted pursuant to section 8.60.130 or variance pursuant to sections 8.60.270 through 8.60.290.

B. In the event of a determination of violation or noncompliance, the planning commission may revoke such prior approval or recommend other action to the city council.

C. The planning commission is authorized to adopt additional procedures rea sonably necessary to implement its authority under this chapter, provided such procedures do not exceed its authority hereunder and are not contrary to law as determined by the city attorney.

 8.60.150 - Designation of the floodplain administrator.

The Director of Public Works of the city of Chino is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions.

 8.60.160 - Duties of the floodplain administrator.

The duties and responsibilities of the floodplain administrator, or designee, shall include, but not be limited, to the following:

A. Permit review. Review the development permits to determine:
34 Ordinance No. 2024-005

1. Permit requirements of this chapter have been satisfied; including determination of substantial improvement and substantial damage of existing structures;

2. All other required state and federal permits have been obtained;

3. The site is reasonably safe from flooding;

4. The proposed construction, development or encroachmen t does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point within the city;

5. All letters of map revision (LOMR) for flood control projects are approved prior to the issuance of building permits. Buil ding permits must not be issued based on condition letters of map revision (CLOMR). Approved CLOMR's allow constructions of the proposed flood control project and land preparation as specified in the "start of construction" definition.

B. Development of substantial improvement and substantial damage procedures.

For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

1. Estimate the market value, or require the applicant to ob tain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

2. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre -damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure.

3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

4. Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

5. Assure procedures are coordinated with other departments/divisions and Implemented by the floodplain administrator and building official.

C. Review and use of any other base flood data. When base flood elevation data has not been provided in accordance with section 8.60.070, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or othe r source, in order to administer sections 8.60.190 through 8.60.260.

35 Ordinance No. 2024-005

NOTE. A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (one hundred years) Flood Elevations", dated July 1995.

D. Notification of other agencies.

1. Alteration or relocation of a watercourse:

a) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
b) Submit evidence of such notification to the Federal Emergency Management Agency; and
c) Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

2. Base flood elevation changes due to physical alternations:

a) Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technica l or scientific date to FEMA for a letter of map revision (LOMR). Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
b) The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revisi on, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

E. Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:

1. Certification required by Subsection 8.60.190C.1. (lowest floor elevations);

2. Certification required by Subsection 8.60.190C.2. (elevation or floodproofing of nonresidential structures);

3. Certification required by Subsection 8.60.190C.3. (wet floodproofing standard);

4. Certification of elevation required by Subsection 8.60.210B. (subd ivisions and other proposed development standards);
36 Ordinance No. 2024-005

5. Certification required by Subsection 8.60.240A. (floodway encroachments); and

6. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in i ts biennial report submitted to the Federal Emergency Management Agency.

F. Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in sections 8.60.270 through

8.60.290.

G. Remedial action. Take action to remedy violations of this chapter subject to concurrence by the city attorney.

H. Biennial report. Complete and submit biennial report to FEMA.

I. Planning. Assure city's general plan is consistent with floodplain management objectives herein.

 8.60.170 - Development permit.

A development permit shall be obtained before any construction or other development, including manufactured homes, within any of special flood hazard area established in accordance with its definition in section 8.60.070. Application for a development perm it shall be made on forms furnished by the city. The applicant shall provide the following minimum information:

A. Plans in duplicate, drawn to scale, showing:

1. Location, dimensions and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;

2. Proposed locations of water supply, sanitary sewer, and other utilities;

3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

4. Location of the regulatory floodway when applicable;

5. Base flood elevation information as specified in section 8.60.070 or Subsection

8.60.160C;

6. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Subsection 8.60.190C. of this ordinance and detailed in FEMA Technical Bulletin TB 3.

B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Subsection 8.60.190C.

C. For a crawl-space foundation, location and total net area of foundation openings as required in Subsection 8.60.190C.3. of this ordinance and detailed in FEMA Technical Bulletins 1 and 7.

37 Ordinance No. 2024-005

D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

E. All appropriate certifications listed in Subsection 8.60.160E. of this chapter.

 8.60.180 - Appeals.

A. Any person aggrieved by any action or decision of the planning commission under this chapter may appeal same to the city council.

B. All appeals under this section shall be governed by the procedures contained in section 20.23.150 of the Chino Municipal Code except that the floodplain administrator shall prepare the record and the written response.

C. Any failure to appeal any action, de cision, determination or ruling hereunder by the floodplain administrator or the planning commission within ten days thereof shall render such act, decision, determination or ruling final.

Any decision on appeal by the planning commission or by the city council shall become final upon being signed by the chairperson of the planning commission or the mayor or the city council, provided that notice and a copy thereof shall be mailed to the aggrieved person within ten days of its signature or upon its mailing to such person on the date after such ten days.

Such decision shall be subject to the provisions of sections 2.64.030 through 2.64.060 of the Chino Municipal Code.

 8.60.190 - Standards of construction.

In all areas of special flood hazards, the following standards are required:

A. Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, col lapse or lateral movement of the structure resulting from hydrostatic loads including the effects of buoyancy.

B. Construction materials and methods. All new construction and substantial improvement of structures, including manufactured homes, shall be constructed:

1. With flood-resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;

2. Using methods and practices that minimize flood damage;

3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

C. Elevation and floodproofing.

1. New construction and substantial improvement of any structure shall have the 38 Ordinance No. 2024-005

lowest floor, including basement, elevated to at least one (1) foot above the base flood elevation. Non-residential structures may meet the standards in subsection C.3 below. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or surveyor or verified by the city’s building inspector that elevation requirements have been met. Such certification an d verification shall be provided to the f loodplain administrator.

2. New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least one (1) foot higher than the depth number specified in feet on the FIRM, or at least two (2) feet if no depth number is specified. Nonresidential structures may meet standards in subsection C.3 below. Upon completion of the structure compliance to the elevation requirement shall be certified by a registered civil engineer or surveyor or verified by the city’s building inspector.

3. Nonresidential construction shall either be elevated in conformance with C.1 o r C.2, above, or together with attendant utility and sanitary facilities:

a. Be floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to a minimum of one (1) foot above the base flood elevation;
b. Have st ructural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered civil engineer or architect that the standards of this subsection are satisfied.

Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the city’s building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

4. Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Subsection

8.60.190C.1., or:

a) Be floodproofed, together with the attendant utility and sanitary facilities, below the elevation recommended under Subsection 8.60.190C.1., so that the structure i s watertight with walls substantially impermeable to the passage of water;
b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c) Be certified by a registered professional engineer or architect tha t the standards of this Subsection 8.60.190C.2. are satisfied. Such certification shall be provided to the floodplain administrator.

5. Flood openings. All new construction and substantial improvement of structures with fully enclosed areas below the low est floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:

39 Ordinance No. 2024-005

a) For non-engineered openings:

1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

2. The bottom of all openings shall be no higher than one foot above grade;

3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and

4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or

b) Be certified by a registered professional engineer or architect.

6. Manufactured homes see section 8.60.220.

7. Garages and low cost accessory structures.

a) Attached garages.

1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood water. See section 8.60.190(C)(3). Areas of the garage below the BFE must be constructed with flo od resistant materials. See section 8.60.190(B).

2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.

b) Detached garages and accessory structures.

1. "Accessory structures" used solely for parking (two -car detached garages or smaller) or limited storage (small, low -cost sheds), as defined in [section] 8.60.050, may be constructed such that its floor is below the base flood elevati on (BFE), provided the structure is designed and constructed in accordance with the following requirements:

a) Use of the accessory structure must be limited to parking or limited storage;
b) The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
c) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;

d) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
e) The accessory structure must comply with floodplain
encroachment provisions in 8.60.250; and
40 Ordinance No. 2024-005

f) The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with section

8.60.190(C)(3).

2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in section 80.60.190.

 8.60.200 - Standards for utilities.

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate the following:

1. Infiltration of flood waters into the systems

2. Discharge from the systems into flood waters

B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

 8.60.210 - Standards for subdivisions and other proposed development.

A. All new subdivision proposal and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty lots or five acres, whichever is the lesser, shall:

1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).

2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

3. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provid ed as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the floodplain administrator:

a) Lowest floor elevation.
b) Pad elevation.
c) Lowest adjacent grade.

B. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

C. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

D. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

 8.60.220 - Standards for manufactured homes.

41 Ordinance No. 2024-005

A. All manufactured homes that are placed, or substantially improved, on sites located:
(1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:

1. Within Zones AI -30, AH, and AE on the city's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one (1) foot above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones AI-30, AH and AE, on the city's Flood Insurance Rate Map that are not subject to the provisions of section 8.60.220(A) will be secu rely fastened to an adequately anchored foundation system to resist flotation collapse, and lateral movement and be elevated so that either the:

1. Lowest floor of the manufactured home is at least one (1) foot above the base flood elevation; or

2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty -six inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor and verified by the city’s building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

 8.60.230 - Standards for recreational vehicles.

A. All recreational vehicles placed on sites within Zones AI-30, AH and AE on the city's flood insurance rate map shall either:

1. Be on the site for fewer than one hundred eighty consecutive days; or

2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

3. Meet the permit requirements of sections 8.60.170 of this chapter and the elevation and anchoring requirements for manufactured homes in section

8.60.220(A).

 8.60.240 - Floodways.

Since a floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1 -30 and AE, 42 Ordinance No. 2024-005

unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surfac e elevation of the base flood more than one foot at any point within the city.

B. Within an adopted regulatory floodway, the city of Chino shall prohibit encroachments, including fill, new constriction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

C. If sections 8.60.240 A and B are satisfied, all ne w construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of sections 8.60.190 through 8.60.260.

 8.60.250 - Mudslide (mudflow) prone areas.

A. The floodplain administrator shall review permits for proposed construction of other development to determine if it is proposed within a mudslide area.

B. Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to the following:

1. Type and quality of soils; and

2. Evidence of ground water or surface water problems; and

3. Depth and quality of any fill; and

4. Overall slope of the site; and

5. Weight that any proposed development will impose on the slope.

C. Within areas which may have mudslide hazards, the floodplain adm inistration shall require that:

1. A site investigation and further review be made by persons qualified in geology and soils engineering; and

2. The proposed grading, excavation, new construction and substantial improvement be adequately designed and protected against mudslide damages; and

3. The proposed grading, excavations, new construction and substantial improvement not aggravate the existing hazard by creating either on -site or off- site disturbances; and

4. Drainage, planting, watering and maintenance not endanger slope stability.

 8.60.260 - Flood-related erosion-prone areas.

A. Planning commission site approval shall be required for proposed construction and other development within all flood-related erosion-prone areas as known to the city.

B. The planning commission shall review site approval applications to determine whether the proposed site alterations and improvements will be reasonably safe from 43 Ordinance No. 2024-005

flood-related erosion and will not cause flood -related erosion hazards or otherwise aggravate the existing hazard.

C. If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, the planning commission shall require the relocation of the improvement or require adequate protective measures to avo id aggravating the existing erosion hazard.

D. Within Zone E on the flood insurance rate map, a setback is required for all new development from a lake, river front or other body of water to create a safety buffer consisting of a natural vegetative or conto ur strip. This buffer shall be designated according to the flood -related erosion hazard and erosion rate, in relation to the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

 8.60.270 - Nature of variances.

The issuance of variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actual risk and will not be modified by the granting of a variance.

The variance criteria set forth in this section of th is chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the re quirements of his chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the governing body to help protect the residents and their property from flooding. This duty is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements of this chapter should be quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternativ es other than a variance are more appropriate.

 8.60.280 - Conditions for variances.

A. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in section 8.60.050 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic character and design of the structure.

44 Ordinance No. 2024-005

B. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

C. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the planning commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to the elevation which the planning commission believes will both provide relief and preserve the integrity of this chapter.

D. Any applicant to whom a variance is granted shall be given written notice over the signature of a city official that:

1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage, and

2. Such construction below the base flood level increases risks to life and property.

It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the Office of the County of San Bernardino Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

E. The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

 8.60.290 - Appeal board.

A. In passing upon requests for variances, the planning commission shall hold a public hearing and consider all technical evaluations , all relevant factors and standards specified in this chapter, and the:

1. Danger that materials may be swept onto other lands to the injury of others; and

2. Danger of life and property due to flooding or erosion damage; and

3. Susceptibility of the proposed f acility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; and

4. Importance of the services provided by the proposed facility to the community; and

5. Necessity to the facility of a waterfront location, where applicable; and

6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; and

7. Compatibility of the proposed use with existing and anticipated development; and

8. Relationship of the proposed use to the specific plan, general plan and floodplain management program for that area; and

9. Safety of access to the property in time of flood for ordinary and emergency vehicles; and

10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
45 Ordinance No. 2024-005

11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and f acilities such as sewer, gas, electrical and water system, and streets and bridges.

B. Variances shall only be issued upon:

1. Showing of good and sufficient cause; and

2. Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and

3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances.

C. Variance may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided tha t the provisions of sections 8.60.290(A) through 8.60.290(D) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

D. Upon consideration of the factors of section 8.60.280 and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter

46 Ordinance No. 2024-005

ADOPTED THIS 19TH DAY OF MARCH 2024.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalia Gonzaga, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 19TH of MARCH, 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK

47 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PUBLIC WORKS DIRECTOR

SUBJECT
..titl e
Notice of Completion – Well 11 Pipeline Project - WA211. ..end

RECOMMENDATION
1) Accept the Well 11 Pipeline Project (WA211), with MCC Equipment Rentals, Inc., Yucaipa, CA, Contract No. 2022 -280, as complete; 2) authorize the Director of Public Works to file the Notice of Completion; and 3) authorize the release of the retention fun ds following the 35 -day lien period.
..body

FISCAL IMPACT
The Project was completed within the Council approved project 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:
 Positive City Image
 Responsible Long-Range Planning

Revenue: Click or tap here to enter text.

Expenditure: 5207310 – 48005 | 48009 – WA211
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 48 CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: NOTICE OF COMPLETION - WELL 11 PIPELINE PROJECT - WA211.

PAGE: 2

BACKGROUND
On March 1, 2022, City Council awarded a construction contract to MCC Equipment Rentals Inc., Yucaipa, CA in the amount of $2,667,685.22 for the construction of Well 11 Raw Water Transmission Main Project (WA 211). Additionally, the City Council authorized expenditures of up to $266,768.52 (10% of the contract amount) for project contingencies, for a potential total contract amount not-to-exceed $2,934,453.74.

A total of three (3) Contract Change Orders (“CCO”) were issued for the project. CCO No. 1 was issued for additional work to remove obstructions found in the raw water line trenches for the raw water line to be installed in the proposed alignment. CCO No. 2 was issued for additional work to install a domestic water line to the pump house as requested by Water Division Operations staff. The water line provides a water supply to prime the pumps before they are engaged. CCO No. 3 encompassed several items including, but not limited to, time and material; work conducted in various locations between the months of June 2022 to October 2022; relocation of an air and vacuum assembly; a blowoff assembly at a resident’s re quest; installation of a pre -lube circuit at the pump house per the request of the Water Division Operations staff; and additional slurry seal and striping work not included in the original contract.

A total of 36 working days were also added to the contra ct through the execution of these change orders.

The scope of work includes the installation of approximately one and half miles of new 16” water main of Polyvinyl chloride (PVC) and Cement -Mortar Lined & Coated (CML&C) steel, and modifications to the exi sting Programmable Logic Controller (PLC); programming; and SCADA host system at Well 11. Pavement repairs included installation of Type II slurry seal, following the completion of the full trench repair (See Exhibit A – Vicinity Map).

ISSUES/ANALYSIS
All work has been completed per the terms of the construction contract and change orders. The following is a summary of the final accounting of costs for construction.

The total contract change order amount is $ 266,680.38 (nearly 10% of the total contract). Ten percent is generally considered within the normal range of changed conditions on a Public Works construction project and, by providing change order authority upfront, Council helps to reduce the possibility of delay on a construction project.

WA211 CONTRACT CONTINGENCY
Original Contract & Contingency $2,667,685.22 $266,768.52 Change Order No. 1 $59,136.89 -($59,136.89)
Change Order No. 2 $22,782.82 -($22,782.82)
Change Order No. 3 $184,760.67 -($184,760.67)
Final Contract & Contingency Balance $2,934,365.60 $88.14

MCC Equipment Rentals, Inc., Yucaipa, 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.

Attachments: Exhibit A – WA211 Vicinity Map
49 CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: NOTICE OF COMPLETION - WELL 11 PIPELINE PROJECT - WA211.

PAGE: 3

Exhibit B – Notice of Completion – MCC Equipment Rentals, Inc (WA211)

50 Figure 3. Project Site Plan
Size of printing extent and margins differs with printer settings, please adjust margins if necessary.

NOTE: This map is set up in NAD 1983 StatePlane California V FIPS 0405 Feet.

Please Change to Define Your Local State Plane or UTM Coordinate System. 2020-177 Well 11 Pipeline Project Design ServiceE

XHIBIT A - VICINITY MAP

CYPRESS AVENUE

WALNUT AVENUE

SAN ANTONIO
AVENUE
SCO
S
T

CONSTRUCTION NOTESQUANTITIES
TITLE SHEET1

GENERAL NOTES FOR WATER IMPROVEMENT PLANS
STAMP

PREPARED BYREVISIONSMADE

BY DATE

APPROVED

BY DATEBENCH MARK DATAREFERENCE DRAWINGS REVIEWED BY STAFFDATE BYDATE BY CITY ENGINEERS STAFF

CITY OF CHINO ENGINEERING DIVISION
WELL 11 RAW WATER PIPELINE IMPROVEMENT PLAN
PROJECT NO.

SHEET OF 10
DRAWING NO.

WA211
rtmrtm
engineering consultants
XXXX

CITY OF CHINO
WELL 11 RAW WATER IMPROVEMENT PLAN

CYPRESS AVENUE - BETWEEN CHINO AVENUE AND WALNUT AVENUE

WALNUT AVENUE - BETWEEN CYPRESS AVENUE AND SAN ANTONIO AVENUE SAN ANTONIO AVENUE - BETWEEN WALNUT AVENUE AND STATE ROUTE 60

UTILITY AND AGENCY INDEX

SYMBOL LEGEND
SCO

LINETYPE LEGEND

ABBREVIATIONS

SHEET INDEX
SHEET 2 SHEET 3 SHEET 4 SHEET 5 SHEET 6
SHEET 7
WALNUT AVE.

CHINO AVE.

RIVERSIDE RD.

SAN ANTONIO AVE.

SHEET 8 SHEET9
GERMANTOWN ST.

ELENA ST.

SUSANA ST.

SHERMAN ST.

GRANT ST.ARTHUR ST.

SR-60
CYPRESS AVE.CYPRESS AVE.

WALNUT AVE.

RIVERSIDE DR.

CHINO AVE.

SCHAEFER AVE.

W. PHILADELPHIA ST.

SAN ANTONIO AVE.

CYPRESS AVE.

MOUNTAIN AVE.

FERN AVE.

CYPRESS AVE.
60 83

PROPOSED RAW

WATER MAIN LINE
S. SULTANA AVE.

MAGNOLIA AVE.

FILLMORE ST.

ASTER CT.

ORANGE AVE.

NOTE TO CONTRACTOR
’

ALLEY
ALLEY
RIVERSIDE DR.

CHINO AVE.
51 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

APN# N/A 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 August 23, 2023

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

MCC Equipment Rentals, Inc., Yucaipa CA
(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:

Cypress Avenue from Chino Avenue to Walnut Avenue, Walnut Avenue from Cypress Avenue to San Antonio Avenue, San Antonio Avenue, from Walnut Avenue to Alley Northwest of Aster Court, Alley Northwest of Aster Court, from San Antonio Avenue to End of the Alley.

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: March 19, 2024 Hye Jin Lee, Public Works Director

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 March 19, 2024, at City of Chino, California

Hye Jin Lee
Director of Public Works
52 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Notice of Completion: Traffic Signal Upgrades Projects – TR152, TR211 and TR214. ..end

RECOMMENDATION
1) Accept the Traffic Signal Upgrades Projects (TR152, TR211 and TR214), with International Line Builders dba ILB Electric, Corona, CA, Contract 2023 -250 as complete; 2) authorize the Director of Public Works to file the Notice of Completion; and 3) release the retention funds following the 35-day lien period.
..body

FISCAL IMPACT
The Project was completed within the Council approved project 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:
 Positive City Image
 Effective Technology

Revenue: Click or tap here to enter text.

Expenditure: Funds 3207100-TR153/3227190-TR152
&TR214&TR211/3277102-TR211
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 53 CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: NOTICE OF COMPLETION: TRAFFIC SIGNAL UPGRADES PROJECTS - TR152, TR211 AND TR214.

PAGE: 2

BACKGROUND
On April 4, 2023, the City Council awarded a construction contract to International Line Builders Inc. dba ILB Electric, Corona, CA, contract 2023 -250, in the amount of $613,571 for the Traffic Signal Upgrades Project (TR152, TR211 and TR214). Additionally, the City Council authorized expenditures of up to $92,035 for construction contingencies for a total construc tion contract amount not-to-exceed $705,606.

The construction included upgrades to four traffic signals, two located along Philadelphia Avenue at Telephone Avenue and Town Square; and two along Riverside Avenue at Magnolia Avenue and Mountain Avenue. The u pgrades included new conduit crossings, new pull box installations, replacement of existing controller cabinets and rewiring of the intersections. The upgrades addressed maintenance issues at all four intersections which will prolong the traffic signal life and reduce future maintenance costs.

ISSUES/ANALYSIS
All work has been completed per the terms of the original construction contract and approved change order. The following is a summary of the final accounting of construction costs.

The total contract change order amount is $17,270.99 (2.81% of total contract). Ten percent is generally considered within the normal range of changed conditions on a Public Works construction project and, by providing change order authority upfront, Council helps to redu ce the possibility of delay on a construction project.

TR152 Contract Contingency
Original Contract & Contingency $154,758.00 $23,214.00
Contract Change Order No. 1 $3,259.70 -($3,259.70)
Final Contract & Contingency Balance $158,017.70 $19,954.30

TR211 Contract Contingency
Original Contract & Contingency $322,672.00 $48,400.00
Contract Change Order No. 1 $4,938.43 -($4,938.43)
Final Contract & Contingency Balance $327,610.43 $43,461.57

TR214 Contract Contingency
Original Contract & Contingency $136,141.00 $20,421.00
Contract Change Order No. 1 $9,072.86 -($9,072.86)
Final Contract & Contingency Balance $145,213.86 $11,348.14

International Line Builders dba ILB Electric, Corona, 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 a 35-day lien period.

Attachments – Notice of Completion – ILB Electric (TR152, TR211, and TR214)

54 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

APN# N/A 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 February 12, 2024

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

International Line Builders dba ILB Electric
(If no contractor for work of improvement as a whole, insert “none”)

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

Traffic Signal located along Philadelphia Avenue at Telephone Avenue and Town Square; and along Riverside Avenue at Magnolia Avenue and Mountain Avenue.

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: March 19, 2024 Hye Jin Lee, Public Works Director

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 March 19, 2024, at City of Chino, California

Hye Jin Lee
Director of Public Works 55

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Final Acceptance - Tract Map No. 20223 (Chino Preserve Development Corporation)...end

RECOMMENDATION
1) Accept public improvements as complete for Tract Map No. 20223; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 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. 56 CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: FINAL ACCEPTANCE - TRACT MAP NO. 20223 (CHINO PRESERVE DEVELOPMENT CORPORATION).

PAGE: 2

BACKGROUND
In 2003, the Planning Commission approved Chino Development Corporation’s (CDC) application for an “A” level Master Site Approval and Tract Map Nos. 16418 and 16419 to subdivide 370 acres of land to establish large parcels and major street systems for future development within the area generally located south of Kimball Avenue between Hellman and Mill Creek Avenues, north of Pine Avenue for what is known as Phases 1 and 2 of The Preserve Specific Plan.

On May 20, 2019, the Planning Commission approved Tentative Tract Map No. 20223 (an “A” level map) to further master plan and subdivide 10.12 adjusted gross acres of land for two developments (Tract Map Nos. 20231 and 20232) totaling 176 residential dwelling units within Lot 11 of Phase 2, which is located east of West Preserve Loop, south of Garden Park Street and west of Main Street (Exhibit A).

At the same Planning Commission meeting, William Lyon Homes received approval to develop the west portion of Lot 11 known as Tract Map No. 20232. Subsequently, William Lyon Homes was acquired by Taylor Morrison Communities (“Taylor Morrison”). In addition, CDC requested approval to develop units on the remaining portion of Lot 11 known as Tra ct Map No. 20231, which was acquired by Lennar Homes of California, Inc. (“Lennar”).

The Conditions of Approval ("COA") for the “A” level map required CDC to complete the backbone water improvements for the “B” level maps. The public improvements completed by CDC necessitated the execution of a Subdivision Improvement Agreement and posting securities that the City Council approved on September 3, 2019 (Exhibit B). It should be noted that the costs associated with the design and construction of the required public improvements are completely offset by the developer. There is no direct fiscal impact on the City.

ISSUES/ANALYSIS
The public improvements are complete and have been constructed to the satisfaction of the City Engineer. The public improve ments that are being accepted by the City of Chino include 8” in-tract potable water lines. With City Council's approval, the City's maintenance obligations will commence for the water improvements.

The developer fully funded all public improvements that were part of the condition of the project.

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

Attachments: Exhibit A - Tract Map 20223 Location Map
Exhibit B - Fully Executed Subdivision Improvement Agreement & Bonds Exhibit C - Public Improvements Index Map

57 1
Exhibit A

LOCATION MAP

Tract Map No. 20223
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WWWWWWWWW W
WW
WWWWW
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C
121

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Public Improvement Agreement with Hillsborough Phase III, LLC. ..end

RECOMMENDATION
Approve Public Improvement Agreement and securities with Hillsborough Phase II, LLC for Site Approval PL16-0357 and authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There is no direct fiscal impact to the City.

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

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. 122
CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: PUBLIC IMPROVEMENT AGREEMENT WITH HILLSBOROUGH PHASE III, LLC.

PAGE: 2

BACKGROUND
The Hillsborough Village development consists of a 196-unit senior citizen apartment complex (Existing Development), which was approved by the City Council on September 3, 1985. The Existing Development is shown outlined in red in Exhibit 1. Hillsborough Phase III, LLC (“Developer”) desires to construct an addition to the Existing Development, which will include a three-story, 62-unit senior citizen apartment complex, including affordable housing units (“Project”) on an undeveloped lot adjacent to the Hillsborough Property outlined in blue in Exhibit 1, located at 11930 Central Avenue. This undeveloped parcel consists of approximately 1.42 acres (“Property”) specifically shown in Exhibit A, of the attached Public Improvement Agreement (“Exhibit 2”).

In 2001, Measure U was approved by the voters of the City to allow for a change to the land use designation for an 11-acre site to provide for senior citizen housing. The 11-acre site subject to Measure U consists of the area located on the west side of Central Avenue, north of the Pep Boys Auto Parts store and south of the Copper Wood Apartments, which includes the Property, the Existing Development, and the Pacifica Senior Living development. The Measure included the allowance for the future re-zoning of the Property from General Commercial (CG) to Residential (RD20; 20 units/acre) for the construction of senior housing, subject to the City Council’s approval of a development agreement to address any impacts resulting from the development.

Following Measure U, the Property was entitled by the Developer’s affiliate for the construction of a four-story building consisting of 72 senior units, which included a density bonus to allow for the enhanced density limits under Measure U to be exceeded.

The Planning Commission approved a total of four one-year extensions before the project’s entitlements expired in 2006. In March 2016, new applications were filed for a similar 72-unit senior housing project.

Following negotiations and discussions with City staff, the applicant revised the scope and scale of its development proposal to consist of a three-story, 62-unit senior housing project, which includes a total of 10 affordable housing units. In addition, as required by Measure U, the applicant entered into a Development Agreement (“DA”) with the City in accordance with the requirements under CMC Section 20.23.070. The Development Agreement ensures that the Project provides an enhanced project design, as well as other design features and specific project requirements.

The DA requires the Developer to comply with the Engineering Conditions of Approval (“COA”) of the Project and any breaches shall constitute a default under the DA. The COA for the Project requires public improvements including, but not limited to, curb, gutter, sidewalk, parkway landscape, a bus shelter (bus stop), asphalt concrete pavement, crosswalk and curb ramps. To guarantee the completion of these public improvements, the developer is required to enter into a Public Improvement Agreement and obtain the necessary securities for the improvements.

ISSUES/ANALYSIS
The requirements made at the time of the site approval have been met by the execution of the Public Improvement Agreement for Site Approval PL16 -0357 and by posting the necessary securities to guarantee the construction of public improvements conditioned for the Project. The City Attorney reviewed and approved the Public Improvement Agreement and respective 123
CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: PUBLIC IMPROVEMENT AGREEMENT WITH HILLSBOROUGH PHASE III, LLC.

PAGE: 3

securities, which is attached as Exhibit 2.

It should be further noted that the Developer will pay an in -lieu fee to the City for the construction of the ultimate public improvements along Central Avenue. Improvements include but are not limited to the relocation of the existing curb, gutter, parkway landscape, sidewalk, street widening, and the existing bus shelter. This fee shall be paid prior to the issuance of a building permit.

Attachments: Exhibit 1 - Location Map Site Approval
Exhibit 2 – Public Improvement Agreement Site Approval PL16-0357

124

Exhibit 1
Hillsborough Village
Development
&
Site Approval PL16-0357
125
01225.0006/367559.3 Updated 10-2020

PUBLIC IMPROVEMENT AGREEMENT

by and between

CITY OF CHINO

and

HILLSBOROUGH PHASE III, LLC
SITE APPROVAL PL16-0357

126
01225.0006/367559.3

PUBLIC IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

HILLSBOROUGH PHASE III, LLC

Agreement Date: March 19, 2024

Developer: HILLSBOROUGH PHASE III, LLC

Project Description: A request to construct a three -story, 49,711 -square foot senior citizen apartment building with 62 housing units on 1.42 acres of land in the RD20 (Residential) zoning district. The Site Approval request includes a density bonus and additional development incentives for its provision of affordable housing. The request also includes a development agreement pursuant to California Government Code (Section 65864 et. seq.) and as required Measure U, which was adopted by the voters in 2001.

P
roject No.: Site Approval PL16-0357

Estimated Total Cost of Improvements: $102,800.00

Security:

Bond No.: ____________________

Surety: ___________________
127
01225.0006/367559.3
Designees for the Service of Written Notice:

CITY: DEVELOPER:

Jesus Plasencia
Assistant City Engineer

13220 Central Avenue
Chino, CA 91710

(909) 334-3417
[email protected]

HILLSBOROUGH PHASE III, LLC

C/o: Robert J. DePrat, PE
18243 Yorba Linda Blvd. #235
Yorba Linda, CA 92886

(714) 749-3077
[email protected]

CITY PROJECT INSPECTOR

Isaac Ortega
Permit & Inspection Supervisor

13220 Central Avenue
Chino, CA 91710

(909) 334-3501
[email protected]

128
01225.0006/367559.3

TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Approval

1.3 Intent of Plans

1.4 Performance of Work

1.5 Changes in the Work

1.6 Defective Work

1.7 No Warranty by City

1.8 Authority of the City Engineer

1.9 Documents Available at the Site

1.10 Inspection

1.11 Compliance with Law; Applicable Standards for Improvements

1.12 Suspension of Work

1.13 Erosion and Dust Control and Environmental Mitigation

1.14 Final Acceptance of Works of Improvement

1.15 Vesting of Ownership

1.16 Developer’s Obligation to Warn Public During Construction

1.17 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Developer’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 129
01225.0006/367559.3

5.1 Developer Responsible for All Related Costs of Construction

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

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Developer

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Developer’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Developer is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority
130
01225.0006/367559.3
1 PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this “Agreement”) is en tered into this 19th day o f March, 2024, by and between the CITY OF CHINO, a munici pal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and HILLSBOROUGH PHASE III, LLC , a limited liability corporation (“DEVELOPER”).

RECITALS
A. Developer is the owner of certain rea l p roperty located in the Ci ty o f Chino, County of San Bernardino , State of California (the “Property”), as described on Exhibit “A”, which Developer proposes to develop and construct ce rtain works of improvement thereon, as hereafter set forth.

B. Developer has applied for and rec eived conditional approval from the City to construct a three-story, 49,711-square foot senior cit izen apartment building with 62 housing units on 1.42 acres of land in the Residential Zoning District RD20 located at 11918 Central Avenue (the “Project”).

C. The City desires to assure that said im provements proposed for the Project w ill be constructed in a good workmanlike manner and in accordance with all applicable laws, statues, ordinances, resolutions , and regulations now in force and effect in the City of Chino and the State of California, all of which are incorporated herein.

D. The Developer acknowledges fa miliarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.

COVENANTS
Based upon the foregoing Recitals which are i ncorporated herein by reference and in consideration of City ’s site plan or other entitlements for the Property and permitting development of the Property to proc eed, Developer agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1.1. Works of Improvement . Developer agrees, at its so le c ost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer , street lighting, l andscaping, utility, and other improvements more fully described as Exhibit “B” attached hereto (the “Works of Improvement ”), as the same may be supplemented and revised from time to time as se t forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated construc tion cost for the Works of Improvement is $102,800.00.

1.2. Other Obligations Referenced in Conditions of Tentative Map Approval . In addition to the foregoing, Developer shall satisfy all of the other Conditions associated with the 131
01225.0006/367559.3
2 Project and the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.

1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Developer shall perform or cause to be performed i n a manner acceptable to the City Engineer, (or design ee), and in full compliance with all codes and the terms of this Agreement. Developer shall complete a functional or operable improvement or facility, even though t he Plans may not specifically call out all items of work required for Developer’s contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to car ry out the full intent and meaning of the Plans, Developer or its con tractor shall immediately not ify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising re garding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Developer recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by th e C ity Engineer. The Plans s hall be supplemented by s uch working or shop drawings as are necessary to adequately control the work. Without the City Engineer ’s prior written approval, no change shall be made by Developer or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1.4. Performance of Work . Developer shall furnish or cause to be furnished all materials, labor, tools, equipmen t, utilities, transporta tion, and incidentals require d to perform Developer’s obligations under this Agreement.

1.5. Changes in the Work . The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial insti tutions referenced in Pa ragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish t he purposes of this Agre ement and to protect the public health, safety, or welfare. The City Engineer shall notify Developer or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No f ield changes performed o r p roposed by Developer or it s co ntractor shall be binding on City unless approved in writing by the City Engineer. The City and Developer may mutually agree upon changes to the Works of Improvement , subject to the security requirements in Section 4.

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

1.7. No Warranty by City . The Plans for the Works of Improvement have been prepared by or on behalf of Developer or its co nsultants or contractors, and City makes no representation or warranty, express or implied, to Developer or to any other person regarding the adequacy of the Plans or related documents.

1.8. Authority of the City Engineer . In addi tion to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer s hall have the authority to decide all 132
01225.0006/367559.3
3 questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questi ons as to the satisfactory an d acceptable fulfillment of the terms of this Agreement by Developer and its contractor.

1.9. Documents Available at the Site . Developer shall cause its contractor to keep a copy of all approved Plans at th e job site and shall giv e access thereto to the City’s inspectors and engineers at all times.

1.10. Inspection. Developer shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Developer, or its design en gineer, and Developer’s contr actor(s) regarding the Works of Improvement.

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

The inspection of the work by City shall not relieve Developer or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously ov erlooked or accepted.

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

Developer shall construct the improvements in accordance with the City standards in effect at the time of the adoption o f this Agreement. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1.12. Suspension of Work. The City Engineer shall have authority to order suspension of the work for fa ilure of the Developer’s contractor to comply with la w pu rsuant to Section

1.12. In case of suspension of work for any cau se whatsoever, Developer and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.

1.13. Erosion and Dust Control and Environmental Mitigation . All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent 133
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4 flooding problems. T he C ity Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisance s to surrounding proper ties. P lans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refus e, securing the job site to prevent injury, and similar matters.

1.14. Final Acceptance of Works of Improvement . After Developer’s contractor has completed all of the Works of Improvement, Developer shall then request a final inspe ction of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Developer or its contractor of such items. After the Developer’s contractor has com pleted these items, the procedure shall then be the same as specified a bove for the Developer’s contractor’s initial request for final inspection. If items are found by City ’s inspector s to be incomplete or not in compliance a fter two (2) “final” inspections, the City may require the Developer or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Developer shall be responsible for payment to City Engineer of re -inspection fees in the amount necessary to cover the City’s costs for additional final inspections, as determined by the City Engineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certifi cation of completion and acce ptance on the Works of Improvement by recordation of a Notice of Accept ance on behalf of the City.

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

The date on whic h the Works of Improvement wi ll be considered as complete shall be the date of the Notice of Acceptance.

1.15. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.

1.16. Developer’s Obligatio n t o Warn Public During Const ruction. Until recordat ion of the Notice of Acceptance , Developer shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements and shall take reasonable actio ns to protect the publ ic from s uch dangerous condit ion. Until re cordation of the Notice of Acceptance, Developer shall provide forty-eight ( 48) hours’ advance written notice to all neighboring property owners and tenants affected by Developer’s operations or construction of the hours, dates and duration of any planned construction activities.

1.17. Injury to Public Improvements, Pu blic Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement , Developer assumes responsibility for the care a nd maintenance of, and any da mage to, the Works of Improvements. Developer shall replace or repair all Works of Improvements, public property, public utility facilities, and 134
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5 surveying or subdivision monuments and benchmarks which are destroyed or damaged f or any reason, regardless whe ther resulting from the acts of the Developer, prior to the recordation of the Notice of Acceptance. Developer shall bear the entire cost of such replacement or repairs regardless of what entity owns the u nderlying property. An y repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardle ss of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.

2. Time for Performance.

2.1. Commencement and Completion Dates . Subject to Section s 2.2 and 2.3 below, Developer shall (i) commence with construc tion and installation of the Works of Improvement thirty (30) days following City ’s approval of the Plans ( “Commencement Date ”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of constr uction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing b y the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Developer has established good cause for an extension. As a condition of such extension, the City Engineer may require Developer to furnish new secu rity guaranteeing performance of this Agreement, as extended, in an increased amount to compensate fo r any increase in construction costs as determined by the City Engineer. If Developer requests and is granted an extension of time fo r completion of the im provements, City may apply the standards in effect at the time of the extension.

2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of s pecific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Developer’s failure to satisfy such phasi ng requirements, as the same now exist or may be amended from time to time, Developer acknowledges City ’s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of buildi ng permits, Developer shall p rovide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of im provements, or both. Final ins pections or issuance of Certificates of Occupancy may be withheld from the Developer by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been co mpleted to the City Engineer ’s satisfaction.

2.3. Force Majeure. Notwithsta nding the provisions of Section 2.1, Developer’s time for commencement and completion of the Works of Improvement shall be extended f or the period of any enforced delay caused due to c ircumstances beyond the control and without the fault of Developer, including to the extent applicable adverse weather conditions, flood, 135
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6 earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (in cluding City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City ’s recei pt of a written notice from Developer or its contractor detailing the grounds for Developer’s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination r egarding the length of any extension of time for co mmencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.

2.4. Continuous Work . After commencement of construction of the Works of Improvement (or separate port ion thereof), Developer shall cause such work to be diligently pursued to completion and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.

3. Labor.

3.1. Labor Standards. This Agreement is subject to, and Developer agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to , the wage and hour, prevailing wage, worker compensation , and various other labor requirements in Division 2, Part 7, Chapter 1, inc luding section 1720 t o 1740, 17 70 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Developer shall expressly require compliance with the provisions of this Section in all agreements w ith contractors and subcontra ctors for the performance of the Works of Improvement.

3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ( “FEHA”), California Government Code Section 12940 et seq., Developer agrees that Developer, its agents, employees , contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, a ncestry, physical dis ability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, o r military and veteran status . Developer shall expressly require compliance with the provisions o f this Sec tion in all agreeme nts with contractors and subcontractors for the performance of this Agreement.

3.3. Licensed Contractors. Developer shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors’ licenses for the type of work being performed. All of Developer’s contractors and su bcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Developer shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor ’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

3.4. Worker’s Compensation . Developer shall cause every cont ractor and subcontractor performing any of the Works of Improvement to ca rry Workers’ Compensation Insurance as required by the La bor Code of the State of California and shall cause each such 136
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7 contractor and subcontractor to sub mit to Cit y a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

4. Security.

4.1. Required Security.
(a) At the time Developer executes this Agreement, Developer shall furnish to City the following b onds, letters of credit, inst ruments of credit (assignment of deposit account) or other security accep table to City in its sole and absolute discretion and sat isfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Developer’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $102,800.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security In strument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (“Labor and Materials Security Instrument ”) with respect to the Works of Impr ovement in an amount equal to $51,400.00 equal to 50% of the estimated construction cost referenced in Section 1.1.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenan ce and Warranty. Prior to the City Council ’s accept ance of the Works of Improvem ent and recordation of a Notice of Completion, Developer shall deliver a Security Instrument warranting the work accepted f or a pe riod of one (1) year followin g said acceptance (“Maintenance and Warranty Security Instrument ”), in the amount of $10,300.00 equal to 1 0% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Security Instruments . All Security I nstruments shall be in the amounts required under Se ction 4.1 (a) or 4.1(b), as a pplicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise app roved by the City Attorney:
(a) Bonds. Fo r Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best ’s Key Rating Guide published by A.M. Be st’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
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8 (b) Letters of Credit. For Secur ity Instruments which are letters of credit, any letter of credit shall be an ori ginal separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial in stitution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to dr aw on same by unilateral certification of the City Engineer of the City that Developer is in default under its payment or performance obligations hereunder or in the event Developer fails to deliver a replacement letter of cred it not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit . For Security Instrumen ts which are Instruments of Credit, any Instrument o f Credit shall be an assignme nt of deposit account assigning as security to City all of Developer’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and mai ntained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall hav e a minimum term of one (1) year after the deadline for Developer’s completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, whic h shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. (iv) If the Developer seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Developer to the City E ngineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Ag reement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.

4.3. Developer’s Liability. While no action of Developer shall be required in order for City to realize on its security under any Securi ty Instrument, Developer agrees to cooperate with City to facilitate City ’s realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall 138
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9 be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not le ss than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, i n its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under th e control of the City, with no interest accruing thereon for the benefit of the Developer. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead t o apply s uch funds as provided in the foregoing. Developer agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City ’s security interest in such account.

4.5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8 , S ection 1 9.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Perfo rmance Security Instrument and La bor and Materials Security Instrument when all of the following have occurred:
(i) Developer has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Developer has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (c ommencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, 139
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10 Developer has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Developer’s written request upon the expiration of the warranty per iod, and settlement of any claims filed during the warranty period. (c) The City may retain from any se curity released, an amount suffic ient to cover costs and reasonable expenses and fees, including reasonable attorney ’s fees.

5. Cost of Construction and Provision of Inspection Service.

5.1. Developer Responsible for All Costs of Construction . Developer shall be responsible for payment of all c osts incurred for construction and installation of the Works of Improvement. In the event Developer is entitled to reimburs ement fr om City for any of the Works of Improvement , such reimbursement shall be subject to a separ ate Reimbursement Agreement to be entered into between Developer and City prior to construction of the Works of Improvement.

5.2. Payment to City for Cost of Rela ted Insp ection and Engineering Services .

Developer shall compensate City for all of City ’s costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Developer shall compen sate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Developer be entitled to additional inspec tions or a final inspection and accepta nce of any o f the Works of Improvement until all City fees a nd charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5.3. Payment of Development I mpact Fees. Developer shall pay Development Impact Fees pursuant to and in accordance with Chino Mu nicipal Code Chapter 3.40 and Cha pter

3.45, as applicable.

6. Acceptance of Offers of Dedication . The City Council shall pass as appropriate resolution or res olutions accepting all offers of dedica tion shown o n the approvals for the Project, with acceptance to become effective upon complet ion and acceptance by City of the Works of Improvement.

7. Warranty of Work . Developer shall guarantee all Works of Improveme nt again st defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintena nce, or if any settlement of fill or ba ckfill occur s, or should any portion of the Works of Improve ment fail to fulfill any requirements of the Plans, Developer, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the eve nt of emergency, shall commence to repair or rep lace the same together with any o ther work which may be damaged or displaced in so doing. Should Developer fail to remedy defective 140
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11 material and/or workmans hip or m ake replacements or repairs wit hin the peri od of time set forth above, City may make such r epairs and replacements and the a ctual cost of the required labor and materials shall be chargeable to and payable by Developer. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8.1. Default by Developer. Default by Developer shall include, but not be limited to:
(a) Developer’s failure to timely commence constructi on of Wo rks of Improvement under this Agreement;
(b) Developer’s failure to timely complete constructio n of the Works of Improvement;
(c) Developer’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Developer’s insolvency, appointment of a receiver, or the filing of any petition in ba nkruptcy, either voluntary or inv oluntary, which Developer fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Developer’s failure to perform any other obligation under this Agreement.

8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Developer’s obligations under this Agreement. T he City shall have the right, subject to this Section, to draw upon or use the ap propriate security to mitigate the City’s damages in the event of default by Developer. The City’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City ’s damages for Developer’s def ault sha ll be measured by the cost of completing the required improvements. The City may use the su ms provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Developer fails to cure any defau lt under this Agreement within 20 days after the City mails a notice of such default to the Developer and the Developer’s surety, Developer authorizes the City to perform the obligation for which Developer is in default and agrees to pay the entire cost of such pe rformance by the City. The City may take ov er the work and complete the Works of Improvemen t, by contract or by any other me thod City deems appropriate, at the expense of the Developer. In such event, City, without liability for doing so, may compl ete the Works of Improvement using any of Developer’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
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12 8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Developer hereunder, the Developer agrees that the choice of remedy or remedies for Developer’s breach shall be in the discre tion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other ad ministrative, legal, or equitable remedy to which it m ay by entitled.

8.4. Attorney’s Fees and C osts. In the event that Developer fails to perform any obligation under this Agreemen t, Developer agrees to pay all costs and expenses i ncurred by City in securing performance of such obligations, including costs of s uit and reasonable attorney’s fees. I n the event of any dispute arising out of Developer’s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to a ny other relief which may be granted, shall be entitled to recover its reasonable attorney ’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney ’s fees and costs shall be e ntitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining exp ert witnesses, and all other necessary and related costs with respect to the l itigation. All such fees and costs shall be deemed to have accrued on commencement of the a ction and shall be enforceable whether or not the action is prosecuted to judgment.

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

9. Indemnity/Hold Harmless . City or any officer, employee or agent thereof shall not b e liable for any injury to persons or property occasioned by reason of the acts o r omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developer further agrees to protect, defend, indemnify an d hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or ari sing out of, acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreem ent, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the C ity, its officials, boards, commissions, the member s thereof, agents and emplo yees, including all claims, demands, causes of action, liability or loss because of or aris ing out of, in whole or in part, the design or construction of the improvements. This i ndemnification and agreement to hold ha rmless shall extend to injuries to pers ons and damages or taking of property resulting from t he design or construction of said Project, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of wa ters from the design and construction of public drainage systems, streets and oth er improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibil ity for any damage or taking covered by this Section.

City shall not be responsible for the d esign or construction of the property to be dedicated or the improvements pursuant to the approved improvement p lans or map, regardless of any negligent action or inaction tak en by the City in approving the plans or map, unless the particular improvement d esign was specifically required by Ci ty over written objection by 142
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13 Developer submitted to the City Engineer before approval o f the particular improvement design, wh ich objectio n indicated that the partic ular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Acceptance , the Developer shall remain obligated to eliminate any latent defect in desi gn or dangerous condition c aused by the design or construction defect for a perio d of o ne (1) year ; however, Developer shall not be responsible for routine maintenance. It is the intent of this section that Developer shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be l iable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improve ment security shall not be required to cover the provisions of this Paragraph.

Developer shall reimburse the City for all cost s and expenses, including but not limited to fees and charges of architects, e ngineers, attorneys, and other professi onals, and c ourt costs, incurred by City in enforcing this Section.

10. Developer’s Indemnity of Project Approval. Developer shall defend, indemnify, and hold harmless the City and its agents, officers, a nd employees fro m any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an a pproval of the City, advisory agency, appeal b oard, or legislative body concerning the Project. The City sha ll promptly noti fy the Developer of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Developer of any claim, action, or proceeding, or if the City f ails to cooperate in the defense, the Developer shall not thereafte r be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City be ars its own atto rney’s fees and costs and defends the a ction in good faith. Developer shall not be required to pay or perform any settlement unless the settlement is approved by the Developer.

11. Insurance Requirements. Developer, at Developer’s sole cost an d expense and fo r the full term of this Agreement and any extension s thereto, shall obtain and maintain all of the following minimum insurance requi rements in a fo rm approved by the City’s autho rized designee for Risk Management prior to commencing any work:
(a) Commercial G eneral Liability policy with a minimum $1 million c ombined single limit for bodily injury and property damage providing all of the f ollowing minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
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14 (b) Commercial Business Auto policy with a minimum $1 million c ombined single limit for bodily injury and pro perty damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and a ll leased, o wned, hired, or non - owned vehicles used in pursuit of any of the activities assoc iated with this Agreement; and
(ii) Any and all mo bile equipment including cranes which are not covered under th e above Commerci al Business Auto policy shall have said coverage pr ovided under the Commercial General Liability policy.
(c) Workers Compensation and E mployers’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Developer:
(i) This policy s hall provide coverage for Workers ’ Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers ’ Compensation or t o undertake self - insurance in accordance with the provisions o f that Code, and I will comply with such provisions bef ore commenci ng the performance of the work of this contract.”
(iii) Prior to commencement of work, the Developer shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self -insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are requ ired to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any oth er valid and collectible insurance the City ma y possess, including any self - insured retention the City may have and any other insurance the City does possess shall be conside red excess insurance only.”
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15 (iii) “This insurance shall act for each insured and addit ional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of can cellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the ev ent of cancellat ion for non -payment of premium. ” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv ) hereinabove “Cancellation Notice ” is the only endorsement required of the Workers ’ Compensation and
Employers’ Liability policy.
(e) Admitted Insurers. A ll insurance companies providing insurance to the Developer under this Agreement shall be adm itted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Co pies of all requ ired endorsements shall be attached to the Certific ate of Insurance which shall be provided by the Developer’s insurance company as evidence of the coverage required herein and s hall be mailed to:

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

12. Environmental Warranty.

12.1. Prior to the ac ceptance of any dedications or Works of Improvement by City, Developer shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicat ed nor Developer are in violation of any environmental law, and neither the prope rty to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by an y federal, state or local governmental authority under or in connec tion with the environmental laws relating to the property to be dedicated. (b) Neither Developer nor any other person with Developer’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or abou t the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of po sing a risk of injury to health, safety or property, including all those materials and substa nces designated as 145
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16 hazardous or toxic by any f ederal, state or local law, ordinance, rule, regulation or pol icy, including b ut not limited to, all of those materials and subst ances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other ma terials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Developer has not cau sed or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Developer’s prior an d present use of the property to be dedicated has not resulted in the release of any hazardous substance on the propert y to be dedicated.

12.2. Developer shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migratio n thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or t hreatened by any third party against City or the property to b e dedicated relati ng to any loss or injury resulting from any hazardous substance; and
(d) Developer’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the p roperty to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferabi lity or suit under any environmental law.

13. General Provisions.

13.1. Successors and Assigns . This Agreement shal l be binding upon all successors and assigns to Developer’s right, title, and interest in and to the Property and any portion thereof. Developer hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee t itle interest to t he Property to provide constructive notice of the rights and obligations incurred by Developer in the City ’s approval of this Agre ement. In the event the Property is subsequen tly conveyed by Developer to a third party prior to completion of the Works of I mprovement, whereby the third party is intended t o assume Developer’s responsibilities with regard to this Agreement, (the “Replacement Developer”), the rights and obligations of this Agreement shall transfer to the Replacement Developer; however, the Security Instruments required pursuant to Section 4 o f this Agreement, and furnished by Developer as a condition of the City ’s approval of this Agreement, shall remain Developer’s responsibility to maintain until such time as Developer and its Replacement Developer enter 146
01225.0006/367559.3
17 into a Transfer and Assignm ent of Public Improvement Agreement, (the “Transfer Agreement”), to acknowledge the transfe r of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the right s and obligations associated with this Agreement upon the Replaceme nt Developer, including Replacement Developer’s responsibility to furnish replacement Security Instruments meeting the City’s approval pursuant to Section 4 of this Agreement. Until such t ime as a Transfer Agreement, meeting the City ’s approval, is executed by Developer and its Replacement Developer, and replacement Security Instruments meeting City’s approval are furnished by th e Replacement Developer, Developer retains sole responsibility for maintaining all Security Instruments required pursuant to Sect ion 4 of this Agreement.

13.2. No Third-Party Beneficiaries. This Agreement is intend ed to benefit only the parties hereto and thei r respective successors and assigns. Neither City nor Developer intend to create any third-party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.

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

13.4. Developer is Not Agent of City. Neither Developer nor Developer’s agents, contractors, or subcontrac tors are agents or contractors of the City in connection with the performance of Developer’s obligations under this Agreement.

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

13.6. Notices. Unless otherwise specified in this Agreement, all notices req uired or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on th e date is delivered in person, or, if mailed, on the date of d eposit in the Unit ed States Mail.

Notice shall be provide d to the p ersons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.

Either party may provide a new designated rep resentative and/or address by written notice as provided in this Section.

13.7. No Apportionment. Nothing contained in this Agreement s hall preclude City from expending monies pursuant to agreements concurrently or p reviously executed between the parties, or from entering into agreements with other Developers for the apportionment of costs of water and sewer mains, or other impr ovements p ursuant to the provisions of the City ordinances providing, therefore. Nor shall a nything in the Agreement commit City to any su ch apportionment.

13.8. Severability. I f any portion of this Agreeme nt is held invali d by a court of competent jurisdiction, the remain der of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties. 147
01225.0006/367559.3
18 13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.

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

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

13.12. Entire Agreement; Waivers and Amendments . This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previou s agreements betw een the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers o f t he provisions of this Agreement must be in writing and signed by an authorized representative of the part y to be charged, and all amendments hereto must be in writing and s igned by the appropriate representatives of both parties.

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

14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) they are duly a uthorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreemen t, such party is formally bound to the provisions of this Agreement , and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
148
01225.0006/367559.3
19 IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

___________________________
Fred Galante Hye Jin Lee, P.E.

City Attorney Director of Public Works

HILLSBOROUGH PHASE III, LLC

By:

Kosti Shirvanian

Its: Authorized Agent

By:

Linda Shirvanian

Its: Authorized Agent

By:

Vache Hanessian

Its: Authorized Agent

CITY OF CHINO

Linda Reich
City Manager

ATTEST:

By:

Natalie Gonzaga
City Clerk
149
01225.0006/367559.3

150

EXHIBIT “A”

LOCATION MAP
[See Attached]
151
152
EXHIBIT “B”

WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.

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

C. Relocation of all public u tility str uctures as necessary to properly construct the required improvements.

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

E. Sanitary sewers constructed as shown on the approved, eng ineered pl ans and in accordance with City Standards.

F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance wit h City Standards.

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

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

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

J. Installation of concret e curbs, gutters, sidewalks, cross gutters, dr iveways and intersections as shown on approved construction pl ans and in accordance with City Standards.

K. Installation of aspha lt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.

L. Street signs at intersections per the City Standards.

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

The Developer shall also perform all work and furnish all materials ne cessary, in t he opinion of the Director of Public Works or her designee and on his order, to complete the improvements in accordance with the plans and speci fications on file as hereinbefore specified, or any changes required or ordered by said Eng ineer which, in his opinion, are necessary or required to complete this work. 153
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EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: SA 16-0357& SCUP 16-0347 HILLSBOROUGH PHASE III LOCATION : 11930 Central Ave. -Off site Improvements
By: Blue Peak Engineering
DATE: 8/14/2022
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
8 EA Tree Removal 800.00 $ 6,400.00$
47 CY Concrete Removal 325.00 $ 15,275.00$
16 CY AC Pavement Removal 100.00 $ 1,600.00$ CY Im ported Common Fill (Incl. Compaction) 34.00$ - $ SF Pre paration of Subgrade, Sidewalk and Paving 1.00$ - $ 4 LF PCC 8" Curb & 24" Gutter on 6" AB 26.00 $ 104.00 $ LF PCC 6" Curb & 24" Gutter on 6" AB 24.00 $ - $ 55 LF PCC Curb Onl y 20.00$ 1,100.00$
LF 8" A.C. Berm 20.00 $ - $
463 SF 8" PCC Cross Gutter on 6" AB 16.00 $ 7,408.00$ 2131 SF 4" PCC Sidewalk 5.80 $ 12,359.80$ SF 6" PCC Thick Drive A pproach on 6" AB 12.50 $ - $ 377 SF 8" PCC concrete - re place in kind 15.00 $ 5,655.00$ LF 2" x 6" Redwood Header 7.50 $ - $
EA Street Si gn and Post 475.00 $ - $
2 EA Traffic Si gn and Post 400.00 $ 800.00 $ EA Reflector Si gn and Post 175.00 $ - $
EA Painted Le gend 6.50 $ - $
SF Prime or Tack Coat 0.08 $ - $
28 TON AC Variable - <300T 130.00 $ 3,640.00$ TON AC Variable - >300T 120.00 $ - $
28 TON CAB Variable - <300T 100.00 $ 2,800.00$ TON CAB Variable - >300T 90.00 $ - $
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021

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EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: SA 16-0357& SCUP 16-0347 HILLSBOROUGH PHASE III LOCATION : 11930 Central Ave. -Off site Improvements
By: Blue Peak Engineering
DATE: 8/14/2022
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Adjust Sewer Manhole to Grade 950.00 $ - $ EA Adjust Sewer Cleanout to Grade 500.00 $ - $ 1E A Adjust Water Valve and Can to Grade 525.00 $ 525.00 $ EA Street Li ght (City Owner) 7,700.00$ - $
EA Electrical Pedestal 6,500.00 $ - $
EA Lot Monument Settin g Fee 550.00 $ - $
LF Sawcut A.C. 3.00 $ - $
90 LF Sawcut Concrete 3.00 $ 270.00$
SF Cold Plane A.C. 2" Thick 0.28 $ - $ LF Si gning & Striping for
Arterial 19.00 $ - $
Collector 13.00 $ - $
160 Local 7.00 $ 1,120.00$
EA Traffic Si gnal (8 - Phase Controller) 350,000.00$ - $ EA Modif y existing Traffic Signal per Quadrant 75,000.00 $ - $ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal of
Existing Fence) 25.00$ - $
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) 35.00$ - $
EA Utilit y Poles
Transmission 11,500.00 $ - $
Distribution 8,000.00 $ - $
Service 3,000.00 $ - $
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EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: SA 16-0357& SCUP 16-0347 HILLSBOROUGH PHASE III LOCATION : 11930 Central Ave. -Off site Improvements
By: Blue Peak Engineering
DATE: 8/14/2022
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
2 EA 4'X4' Tree Well 750.00 $ 1,500.00$
279 LF 4" (Sch 80) PVC Conduit 20.00 $ 5,580.00$ 70 SF Concrete pad for bus stop 5.80$ 406.00$ LS
Safety Equipment (Complete Including Crossing Gates,
Signs, and Lights) 500,000.00$ - $
SF Track Crossin g (Concrete) 175.00$ - $
SF Approach 4.00 $ - $
1 EA S.W. Ram ps (A.D.A. Compliant) 4,000.00$ 4,000.00 $ EA Traffic Si gnal Loops 600.00 $ - $
2E A Traffic Signal Pull Box 200.00$ 400.00 $

STREETS
STREET SUBTOTAL 70,942.80 $
LS Mobilzation (5% of Construction Cost) 5% 3,547.14$
LS Traffic Control (5% of Construction Cost) 5% 3,547.14$ LS Clear & Grub Site (5% of Construction Cost) 5% 3,547.14$ LS Excavation (Clean Material) (5% of Construction Cost) 5% 3,547.14$ GRAND TOTAL STREETS ONLY 85,131.36$
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021

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RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: SA 16-0357& SCUP 16-0347 HILLSBOROUGH PHASE III LOCATION : 11930 Central Ave. -Off site Improvements
By: Blue Peak Engineering
DATE: 8/14/2022
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Su pport/Shoring (6 foot depth) 15.00$ - $ CY Pi pe Bedding & Compaction (Imported) 90.00$ - $ LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00 $ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00 $ - $ LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 135.00 $ - $ LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 175.00 $ - $ LF Removal, Dis posal of ACP and Backfill 150.00 $ - $ EA 6" Gate Valve 2,000.00 $ - $
EA 8" Gate Valve 2,600.00 $ - $
EA 12" Gate Valve 4,500.00 $ - $
EA 18" Gate Valve 7,500.00 $ - $
EA Fire H ydrant Assembly per City Std. 7,500.00 $ - $ EA Blow-off Assembl y 4" per City Std. 8,600.00 $ - $ EA 2" Air Relief Assembl y 4,500.00$ - $
EA 1" Water Service/Meter 3,500.00 $ - $
EA 2" Water Service/Meter 4,500.00 $ - $
WATER
WATER SUBTOTAL -$
LS Mobilzation (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL WATER ONLY -$
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021

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157
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: SA 16-0357& SCUP 16-0347 HILLSBOROUGH PHASE III LOCATION : 11930 Central Ave. -Off site Improvements
By: Blue Peak Engineering
DATE: 8/14/2022
Quantity Unit Item Unit Total Cost
Price Per Item

RECYCLED WATER
LF Trench Su pport/Shoring (6 foot depth) 15.00$ - $ CY Pi pe Bedding (Imported) 90.00$ - $
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00 $ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00 $ - $ LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 135.00 $ - $ LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 175.00 $ - $ EA 6" Gate Valve 2,000.00 $ - $
EA 8" Gate Valve 2,600.00 $ - $
EA 12" Gate Valve 4,500.00 $ - $
EA 18" Gate Valve 7,500.00 $ - $
EA Fire H ydrant Assembly per City Std. 7,500.00 $ - $ EA Blow-off Assembl y 5" per City Std. 8,600.00 $ - $ EA 2" Air Relief Assembl y 4,500.00$ - $
EA 1" Water Service/Meter 3,500.00 $ - $
EA 2" Water Service/Meter 4,500.00 $ - $

RECYCLED WATER
RECYCLED WATER SUBTOTAL -$
LS Mobilzation (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL RECYCLED WATER ONLY -$
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021

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RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: SA 16-0357& SCUP 16-0347 HILLSBOROUGH PHASE III LOCATION : 11930 Central Ave. -Off site Improvements
By: Blue Peak Engineering
DATE: 8/14/2022
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Su pport/Shoring 15.00$ - $
LF
4" Installed, including excavation, bedding, backfill and pavement restoration $75.00 - $
LF
8" Installed, including excavation, bedding, backfill and pavement restoration $93.00 - $
LF
10" Installed, including excavation, bedding, backfill and pavement restoration $103.00 - $
LF
12" Installed, including excavation, bedding, backfill and pavement restoration $123.00 - $
LF
15" Installed, including excavation, bedding, backfill and pavement restoration $143.00 - $
LF
18" Installed, including excavation, bedding, backfill and pavement restoration $163.00 - $
LF
21" Installed, including excavation, bedding, backfill and pavement restoration $193.00 - $
LF
24" Installed, including excavation, bedding, backfill and pavement restoration $208.00 - $
EA Sewer Saddle $450.00 - $
EA W yes 4" x 8" Typical $225.00 - $
EA 48" Sewer Manhole $4,700.00 - $
EA 60" Sewer Manhole $7,500.00 - $
EA Sewer Cleanout $1,800.00 - $
SEWER
SEWER SUBTOTAL -$
LS Mobilization (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL SEWER ONLY -$
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RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: SA 16-0357& SCUP 16-0347 HILLSBOROUGH PHASE III LOCATION : 11930 Central Ave. -Off site Improvements
By: Blue Peak Engineering
DATE: 8/14/2022
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 230.00$ - $ LF 27" x 43" C.M.P.A (10 Gauge) 250.00$ - $ EA Storm Drain Manhole #1 10,000.00 $ - $
EA Junction Structure #2 (24" or larger) 8,850.00$ - $ EA Junction Structure #4 (24" or smaller) 4,000.00$ - $ EA Outlet Structure 7,000.00 $ - $
EA Catch Basin 3.5' Width 7,200.00 $ - $
EA Catch Basin 7' Width/L.D. 7,900.00 $ - $
EA Catch Basin 10' Width/L.D. 9,950.00 $ - $
EA Catch Basin 14' Width/L.D. 11,000.00 $ - $
EA Catch Basin 21' Width/L.D. 13,000.00 $ - $
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 200.00 $ - $ LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 240.00 $ - $ LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 260.00 $ - $ LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 280.00 $ - $ LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 295.00 $ - $ LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 310.00 $ - $ LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 320.00 $ - $ LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 330.00 $ - $ LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 360.00 $ - $ LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 385.00 $ - $ LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 440.00 $ - $ LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 500.00 $ - $ EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021

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RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: SA 16-0357& SCUP 16-0347 HILLSBOROUGH PHASE III LOCATION : 11930 Central Ave. -Off site Improvements
By: Blue Peak Engineering
DATE: 8/14/2022
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 560.00 $ - $ LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 625.00 $ - $ LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 690.00 $ - $ LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 765.00 $ - $ LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 830.00 $ - $ LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 920.00 $ - $ LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00 $ - $ LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,075.00 $ - $ LF
7' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration 700.00 $ - $
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 820.00 $ - $ LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 870.00 $ - $ LF
8' x 11' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,000.00 $ - $
LF
8' x 13' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,100.00 $ - $
LF
9' x 9' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,000.00 $ - $
LF
9' x 12' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,100.00 $ - $
LF
4' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration 680.00 $ - $

STORM DRAIN
STORM DRAIN SUBTOTAL -$
LS Mobilization (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL STORM DRAIN ONLY -$
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RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: SA 16-0357& SCUP 16-0347 HILLSBOROUGH PHASE III LOCATION : 11930 Central Ave. -Off site Improvements
By: Blue Peak Engineering
DATE: 8/14/2022
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 85,131.36 $
GRAND TOTAL WATER ONLY -$
GRAND TOTAL RECYCLED WATER ONLY -$
GRAND TOTAL SEWER ONLY -$
GRAND TOTAL STORM DRAIN ONLY -$

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) 85,131.36$
PROJECT ADDITIVES Project Contingencies 10% 8,513.14$
Construction Staking 3% 2,553.94$
Soils Testing 1% 851.31$
Material Testing 1% 851.31$
Construction Inspection 4.8% 4,086.31$
Contract Administration 1% 851.31$
GRAND TOTAL (FOR BOND AMOUNTS) 102,838.68$
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EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: SA 16-0357& SCUP 16-0347 HILLSBOROUGH PHASE III LOCATION : 11930 Central Ave. -Off site Improvements
By: Blue Peak Engineering
DATE: 8/14/2022
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By: Thomas Hawksworth, PE - Blue Peak Engineering, Inc.

R.C.E. Number: 68771
Expiration: 9/30/2023
Place R.C.E. Stamp and Signature Here (required)

BY CITY
Faithful Performance Bond (100% of Construction Cost) 102,800.00$ Labor & Material Bond (50% of Construction Cost) 51,400.00$ Warranty Bond (10% of Construction Cost) 10,300.00$
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 8/14/2022

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163

NL CM DSH

MB IA X MK
GP

E-Mail Sent:

To:
9/23/19
Rosa Olguin

DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL SA 16-0357

DATE: August 7, 2019 PC MEETING DATE: October 7, 2019

PROJECT DESCRIPTION: Construct 3-story, 62 unit, 49,711 SF senior citizen apartment building on 1.4 AC.

PROJECT LOCATION: 11930 Central Ave (PM 9624)

APPLICANT: Komar Investments (Greg Alekian) PROJECT ENGINEER: Isidro Abreo

PRIOR TO THE TWO MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH A NY CONDITIONS OF

APPROVAL SHALL BE DEEMED JUST CAU SE FOR REVOCATION OF PROJECT A PPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT S ERVICES SHALL

HAVE THE AUTHORITY TO APPROVE MI NOR DEVIATIONS IN THE CONDITION S OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.

1.0 PRIOR TO ISSUANCE OF BUILDING / CONSTRUCTION PERMITS:

1.1 All required plans and studies shall be prepared by a Regis tered Professional Engineer and submitted to the Project Engineer for review and approval. All project plans must be approved by the City Engineer's office before a Building Permit will be iss ued. All maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch by 8½-inch standard format.

1.2 Make the following dedications:

Street Name Distance Direction From C/L

Central Avenue 66-ft West

1.3 Annex to the Covenants, Conditions and Restrictions (CC&R’s ) associated with this project, the following information:
 Site access points per this Project
 Parkway landscaping
 Parking lot areas
 All common areas
 Onsite utilities
 Median island on Hillsborough
 Operation and maintenance of lighting

1.4 Prepare and submit a drainage study, including supporting h ydraulic and hydrological data to the project engineer for approval. The study shall confirm or recom mend changes to the City’s adopted Master Drainage Plan by identifying off-site and on-sit e storm water runoff impact resulting from build-out of permitted General Plan land uses. I n addition, the study shall identify the project’s contribution and shall provide locations and size s of catchments and system connection points and all downstream drainage mitigation measures.

164

SA 16-0357 2 AUGUST 7, 2019

1.5 Prepare and record necessary drainage easements to implemen t the project in accordance with drainage law.

1.6 Prepare and submit a final grading plan showing building fo otprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slop e easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.

1.7 Provide a certificate, from a Registered Civil Engineer, ce rtifying that the finished grading has been completed in accordance with the City approved grading plan.

1.8 Submit a soils/geology report in accordance with Appendix J of the California Building Code, latest edition to the project engineer for review and approval.

1.9 Design per City Standards and construct full public improve ments for all impacted and interior streets/facilities in accordance with City Code, Standards and Specifications. Such public improvements shall include, but not be limited to, the following: (Please coordinate and verify all requirements with the project engineer.)

Street Names
Central Hillsborough
Avenue(1)(2) Driveway(2)

Curb & Gutter (Offset from Centerline)
Sidewalk (Width)(3) X (10’)
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline)
Asphalt Concrete Overlay X X
Street Lights
Median Island and Landscaping X (4)
Parkway Landscaping(5) X X
Striping and Traffic Controls
Traffic Signal Interconnect(6)
Conduit System for CATV
Sewer(7)
Storm Drain(7)
Domestic Water(7)
Recycled Water
Fire Hydrants as required by CVIFD(7)
(1) An in-lieu fee for the construction of the ultimate public improvements along Central Ave per City Standards and the General Plan Transportation Elem ent is required.

This includes but is not limited to the relocation of the exist ing curb, gutter, sidewalk, street widening, street lights and in this case an existing bus stop shelter. The in-lieu fee shall be based on the engineering cost estimate at the time of preparation; to be reviewed and approved by the City Engineer.
(2) Public improvements along the project frontage shall comply with accessibility regulations prior to acceptance by the City.
(3) Evaluation of the existing pedestrian sidewalk along the pr oject frontage shall be performed to determine if it meets accessibility requirements. If deficient, the sidewalk shall be remediated/reconstructed to be made 10-ft from the bac k of curb instead of the existing 8-ft.
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SA 16-0357 3 AUGUST 7, 2019

(4) The existing median shall be redesigned/reconstructed to ac commodate for a 6-ft wide crosswalk for pedestrians crossing in the north-south dire ction. Relocation of the existing monument sign and other landscaping components may be required. (5) The parkway maintenance shall be the responsibility of the property owner as indicated in Condition 1.3.
(6) Provide conduit for future traffic signal interconnect alon g the project frontage on Central Ave.
(7) There is existing private utility infrastructure (sewer, st orm drain, water, etc.) that ultimately connects to City mains. Provide revisions to record drawings associated with these existing improvements to implement the changes based off this Project.

1.10 Design and install a monitoring manhole (per City Standard No. 530) for the building’s lateral connection into the City's main sewer or into a private sewer m ain that is tributary to the City's main sewer. In addition, design and install a sampling Wye on a stubbed out sewer lateral connection into the main sewer for this development.

1.11 Execute a Public Improvement Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improveme nts listed in 1.9. All security must be accessible to the City at any time and in a form also a cceptable to the City Engineer, pursuant to Government Code, Section 66499.

1.12 Comply with all applicable requirements of the City Code.

1.13 Pay all applicable fees pursuant to City Code including, b ut not limited to, plan check fees, inspection fees, permit fees, Development Impact Fees (DIF) and Sewage Facilities Development Fees (SFDF).

1.14 All projects developing one (1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are requ ired to obtain coverage under the State Water Resources Control Board’s (SWRCB) General Permi t for storm water discharges associated with construction activity. Proof of fil ing a Notice of Intent (NOI) with the SWRCB for coverage under this permit is required. A copy of th e Waste Discharger’s Identification Number (WDID), issued by the SWRCB, must be subm itted to the Project Engineer prior to issuance of grading permits. More detailed i nformation regarding this General Permit, applicable fee information and the necessary forms to c omplete the NOI are available by calling (916) 341-5537 or on the SWRCB web site at:
http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml.

1.15 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-2010-0036, NPDES Permit No. CAS618036, prepare a project-specific Water Qu ality Management Plan (WQMP) and submit to the project engineer for review and approv al.

To address NPDES
Permit requirements to the maximum extent practicable, the proj ect shall be designed to specify preferential use of Low Impact Development Best Managem ent Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio-treatment) and non-structural measures (e.g . preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2 013 WQMP Technical Guidance Document.

1.16 Any future maintenance and repair of fire service and sewe r laterals to the project site shall be the sole responsibility of the applicant/property owner in acco rdance with City Code, Chapter

13.04.175 and 13.12.150.

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SA 16-0357 4 AUGUST 7, 2019

1.17 Convey ownership of any existing onsite water wells to the City and convert to monitoring wells as directed by the City’s Water Utilities Supervisor. Prepare a nd record any necessary easements to provide the City with access to the monitoring wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed per City Standard No. 465.

1.18 All public street corners shall have a minimum curb radii per City Code, Chapter 19.06 and City Standards and Specifications.

1.19 Provide adequate sight distance per City Standard No. 865 for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.

1.20 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans and City redlines of previous submittals.

1.21 Provide a mutual access easement for the property to the s outh (Pepboys) and obtain City’s approval and record the document. If the agreement is unobtaina ble, remove the access to the south from the project plans.

2.0 PRIOR TO REQUEST FOR AND RELEASE OF OCCUPANCY PERMITS/ACCE PTANCE OF PUBLIC IMPROVEMENTS:

2.1 Construct and secure Development Services Department approv al of all public facilities enumerated under Section 1.0 above (per Resolution No. 88-23).

2.2 The applicant’s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall also be inspected by Public Works Environmental staff. Coordinate inspection with staff and submit a completed City of Chino BMP field verification form for review and approval.

2.3 Provide and record a reciprocal use and maintenance agreeme nt to assure common ingress and egress and joint maintenance of all common access, parking areas and drives.

2.4 Pay all remaining applicable fees pursuant to City Code.

2.5 Slurry seal along all streets impacted by the development a s directed by City staff. Install signing and striping per approved plans.

2.6 Submit to the City, electronic files of Tract/Parcel Map an d “as-built” improvement plans in AUTOCAD format and Adobe Acrobat PDF format. AUTOCAD files sha ll be submitted as an archived zip file of the CAD drawings with all base files attached.

IA

Attachment

167

Rev. 9/19/19 IA

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL

PROJECT: SA 16-0357

PROJECT ENGINEER: Isidro Abreo
DATE August 7, 2019

A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK

1 C o py of Engineering Division Conditions of Approval

1 Sets of Maps (Subdivision Only)

1 Copies of preliminar y Title Report (no older than six months)

1 Copies of Closure Calculations

1 Set of Referenced Maps (Subdivision Only)

2 Copies of Preliminar y Soils Report (no older than sixty days)

2 Copies of lot line ad justment certificate

2 Copies of lot mer ger

2 Copies of ri ght-of-way dedication

4 Sets of Rou gh Grading Plans

4 Sets of Precise Gradin g Plans with Private Storm Drain improvements

4 Sets of Storm Drain Plans

2 Copies of Hydrology and Hydraulic Calculations with Backup D ata (Signed and Sealed by a Registered Civil Engineer)

2 Copies of En gineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp

2 Sets of Street Improvements Plans

2 Copies of Cross-Sections (if street plans are required) at 5 0’ intervals and extended a minimum of 100’ beyond limits of improvements

2 Sets of Sewer Plans (revisions to original record drawings)

3 Sets of Domestic Water Plans (revisions to original record drawings)

2 Sets of Rec ycled Water Plans

2 Sets of Street Li ght Plans

2 Copies of Volta ge Drop Calculations (Signed and Sealed by a Registered Engineer)

2 Sets of Si gning and Striping Plans (Public)

1 Sets of Traffic Si gnal Interconnect Plans

2 Sets of Traffic Si gnal Plans

1 Water Qualit y Management Plan

168
01225.0006/367559.3 C-1

EXHIBIT “C”

SITE APPROVAL PL16-0357

HILLSBOROUGH PHASE III, LLC

ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the de dications and public improvements to be conveyed by the above -named Developer to the City of Chino for the above-referenced Subdivision, Developer hereby warrants to the City of Chino that:

1. Neither the prope rty to be dedicated nor Developer are in viola tion of any environmental law, and neither the property to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental l aws relating to the property to be dedicated.

2. Neither Developer nor any other person with Developer’s permission to be upon t he property to be dedicated has used , generate d, manufactured, produced, or released, on, under, or about the property to be de dicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term “Hazardous Substances ” shall mean any substance or material which is c apable of posing a risk of injury to health, saf ety or proper ty, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of tho se materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, a s the same shall be amended from time to time, or any other materials requiring remediati on under federal, state or local laws, ordinances, rules, regulations or policies.

3. Developer has not cause d or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

4. Developer’s prior and present us e of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Developer hereby represents and warrants, t hat the signators hereto have the legal power, right and authority to execute thi s warranty on behalf of the Developer and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and invest igation of the property, or through reasonable reliance upon the investigation and profes sional opinion of Developer’s environmental 169
01225.0006/367559.3 C-2

experts, to mak e the representations herein, and that no consent of any other party is required to execute this warranty and make t he representations herein on behalf of the Developer to the City of Chino.

Each of the undersigned persons declares under pena lty of perjur y t hat the foregoing is true and correct.

Dated: _________________________

HILLSBOROUGH PHASE III, LLC

By:

*Proof of authorization for Developer’s signatures is required to be submitted concurre ntly with this environmental warranty.

170

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Adopt Resolution 2024-008 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer and request approval from the San Bernardino LAFCO for Sanitary Sewer service for the property at 12251 Pipeline Avenue.
..end

RECOMMENDATION
1) Adopt Resolution No. 2024-008 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer ; 2) request approval from the San Bernardino Local Agency Formation Commission (LAFCO) for sanitary sewer service for the property located at 12251 Pipeline Avenue within the City of Chino’s Sphere of Influence; and 3) authorize the City Manager to execute all the necessary documents on behalf of the City. ..body

FISCAL IMPACT
The property owner will be required to pay the City’s Sewer Service Charge, the Sewer Facilities Development Fee (a pass -through fee to the Inland Empire Utilities Agency), and Sewer Development Impact Fees as applicable.

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
 Superior Customer Service
 Responsible Long-Range Planning

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. 171
CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: ADOPT RESOLUTION 2024 -008 CONDITIONALLY APPROVING A COVENANT

AGREEMENT TO ANNEX FOR SANITARY SEWER AND REQUEST APPROVAL FROM THE

SAN BERNARDINO LAFCO FOR SANITARY SEWER SERVICE FOR THE PROPERTY AT 12251 PIPELINE AVENUE.

PAGE: 2

BACKGROUND
The City of Chino is the sole provider of sanitary sewer service within the City’s limits and Sphere of Influence (“SOI”). Owners of parcels located in the SOI may request that the City allow their property to connect to the City’s public sewer system.

The property owner located at 12251 Pipeline Avenue is requesting sewer service from the City for its existing single -family residenc e, which currently utilizes an on -site septic system.

Additionally, the property owner recently received approval from San Bernardino County for the construction of a detached 811 square-foot accessory dwelling unit (“ADU”).

The City’s current Policy Rela ted to Sanitary Sewer within the City’s SOI (“Policy”) states that parcels requesting sewer service must be developed in accordance with the City’s General Plan and in conformance with all City codes and standards. The proposed ADU meets the City’s current standards which allows for a detached ADU (maximum 1,200 square -feet). However, the Policy also provides an exemption that sewer service shall not be denied to the property owner based solely on the incompatibility of development standards related to ADUs that otherwise meet the requirements of State law. Although the proposed ADU meets the City’s requirements, the State allows jurisdictions to enact their own ordinances for the implementation and development of ADUs.

City staff analyzed the existing sewer facilities contiguous to the property and there is an existing 12” sewer line in Pipeline Avenue to serve the primary residence and ADU. The cost to design and construct the sewer lateral will be at the sole cost of the property owner.

ISSUES/ANALYSIS
The subject property is adjacent to the City boundary; however, the annexation of the property into the City has been determined to be impractical at this time due to the property being an individual lot. The Local Agency Formation Commission (LAFCO) for San Bernardino County would most likely require a larger area beyond the property to be annexed to create a more logical service boundary, which would be a significant burden for the property owner to try and coordinate and manage. Moreover, LAFCO fees, City fees, County fees, and construction costs would be cost-prohibitive for one property owner to take on. As a result, the property owner will execute a Covenant Agreement to Annex for Sanitary Sewer Service with the City for the subject property to annex into the City in the future (attached to the Resolution as Exhibit B).

This is consistent with current City Council policy.

With the adoption of Resolution No. 2024-008, the City Manager will be authorized to execute the LAFCO Application for Extension of Service by Contract (attached to the Resolution as Exhibit A) and submit the Application to LAFCO. The approval of the Covenant Agreement to Annex for Sanitary Sewer Service is contingent upon the approval by LAFCO and reimbursement by the applicant of al l the applicable fees incurred by the City in preparing, submitting, and processing a request to LAFCO to extend sewer service to the Property. The City Manager is authorized to execute the Agreement on behalf of the City following notification by LAFCO th at the City’s request to extend services to the Property has been approved. If the City’s request to extend services to the property is not approved by LAFCO, or if the applicant does not submit a full reimbursement to the City, the Agreement shall not be executed by the City.
172
CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: ADOPT RESOLUTION 2024 -008 CONDITIONALLY APPROVING A COVENANT

AGREEMENT TO ANNEX FOR SANITARY SEWER AND REQUEST APPROVAL FROM THE

SAN BERNARDINO LAFCO FOR SANITARY SEWER SERVICE FOR THE PROPERTY AT 12251 PIPELINE AVENUE.

PAGE: 3

Therefore, staff recommends that the City Council adopt Resolution No. 2024-008, conditionally approving the Covenant Agreement to Annex for Sanitary Sewer Service and request approval from LAFCO.

Attachment: Resolution 2024-008
Exhibit A – LAFCO Application
Exhibit B – Covenant Agreement to Annex

173
RESOLUTION NO. 2024-008

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, CONDITIONALLY APPROVING A COVENANT

AGREEMENT TO ANNEX AND FOR SANITARY SEWER SERVICE AND

REQUEST APPROVAL FROM LAFCO (ASSESSOR PARCEL NUMBER
1016-071-05)

WHEREAS, the City of Chino received a request to provide sanitary sewer services to a property outside of its jurisdictional boundaries but within its sphere of influence, located at 12251 Pipeline Avenue, Chino, CA 91710 (APN 1016-071-05) (“Property”); and

WHEREAS, pursuant to Resolution No. 2022-041, the City’s policy is to only allow new or existing developments located outside of the City’s jurisdictional boundaries but within its sphere of influence to connect to the City’s sanitary sewer system in accordance with the following requirements:

(1) If the parcel is not adjacent to the City boundary, the owner of the parcel must execute and file an irrevocable agreement to annex to the City at such time as sufficient parcels can be assembled and qualify for annexation in accordance with Local Agency Formation Commission (“LAFCO”) policy pertaining to such annexations.

(2) If the parcel is contiguous to a City boundary, the owner will be required to annex the parcel to the City, or, if this is determined to be infeasible, to execute an irrevocable agreement to annex.

(3) Finally, all parcels requesting sewer service must be developed in accordance with the City’s General Plan and in conformance with all City codes and standards; and

WHEREAS, the Property is adjacent to the City boundary, but annexation has been determined to infeasible at this time and the owner of the Property has executed an irrevocable agreement to annex; and

WHEREAS, pursuant to Government Code Section 56133, the City may only provide new or extended services by agreement outside of its jurisdictional boundary if it first requests and receives written approval from LAFCO.

NOW, THEREFORE, BE IT RESOLVED, that the City of Chino does hereby determine, find, resolve, and order as follows:

SECTION 1. The City Manager or designee is authorized to execute the San Bernardino LAFCO Application for Extension of Service by Contract (attached to this Resolution as Exhibit A) and to submit the Application to the San Bernardino County LAFCO.

SECTION 2. The Covenant Agreement to Annex and For Sanitary Sewer Connection (“Agreement”) (attached to this Resolution as Exhibit B) is approved, conditioned on (i) approval by LAFCO, and (ii) reimbursement by the applicant of all application fees and other costs incurred by the City in preparing, submitting, and processing a request to LAFCO to extend sewer serves to the Property pursuant to Government Code Section 56133 (“Reimbursement”). T he City Manager is authorized to execute the Agreement on behalf of the City following notification by LAFCO that the City’s request to extend services to the Property has been approved and following 174
RESOLUTION NO. 2024-008

01225.0005/701923.2 BWB

Reimbursement by the applicant. If the City’s request to extend services to the Property is not approved by LAFCO or if applicant does not submit a full Reimbursement to the City, the Agreement shall not be executed by the City.

APPROVED AND ADOPTED THIS 19TH DAY OF MARCH 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

State of California )
County of San Bernardino ) ss.

City of Chino )

I, NATALIE GONZAGA , City Clerk of the City of Chino, do hereby certify that the forgoing Resolution was duly adopted by the City Council at a regular meeting h eld on the 19th day of March 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachments: Exhibit A – LAFCO Application & Covenant Agreement to Annex

175
____________________ (FOR LAFCO USE ONLY)SAN BERNARDINO LAFCO APPLICATION FOREXTENSION OF SERVICE BY CONTRACT(A certified copy of the City Council/District Board of Directors resolution or a letter from the City Manager/General Manager requesting approval for an out-of-agency service agreement must be submitted together with this application form.) AGENCY TO EXTEND SERVICE:AGENCY NAME: _________________________________________CONTACT PERSON: _________________________________________ ADDRESS: _________________________________________ _________________________________________ PHONE: _________________________________________ EMAIL: _________________________________________ CONTRACTING PARTY:NAME OFPROPERTY OWNER: _________________________________________CONTACT PERSON: _________________________________________MAILING ADDRESS: __________________________________________________________________________________PHONE: _________________________________________EMAIL: _________________________________________ADDRESS OF PROPERTYPROPOSED FOR CONTRACT: __________________________________________________________________________________CONTRACT NUMBER/IDENTIFICATION: _________________________________________PARCEL NUMBER(S): _________________________________________ACREAGE/SF: _________________________________________ City of ChinoJesus Plasencia, Assistant City Engineer13220 Central AvenueChino, CA 91710(909) [email protected] T. Le and Grace M. Lee Family Living Trust 12251 Pipeline AvenueChino, CA 91710See attached agreement (Exhibit A) APN: 1016-071-0512,320 SFMarisol Acosta Montoya 1434 E. Mountain St.(818) 248-3355Glendora, CA [email protected] 176
Extension of Service by Contract____________________ Application Form (FOR LAFCO USE ONLY)The following questions are designed to obtain information related to the proposed agreement/contract to allow the Commission and staff to adequately assess the proposed service extension. You may include any additional information which you believe is pertinent. Please use additional sheets where necessary. 1. (a) List the type or types of service(s) to be provided by this agreement/contract. ________________________________________________________________________________________________________________________________________________________________________________________________(b) Are any of the services identified above "new" services to be offered by the agency? YES NO. If yes, please provide explanation on how the agency is able to provide the service. ________________________________________________________________________________________________________________________________________________________________________________________________2. Is the property to be served within the agency's sphere of influence? YES NO3. Please provide a description of the service agreement/contract.__________________________________________________________________________________________________________________________________________________________________________________________________________________4. (a) Is annexation of the territory by your agency anticipated at some point in the future? YES NO. If yes, please provide a projected timeframe when it anticipates filing an application for annexation of territory that would include the area to be served. If no, please provide an explanation as to why a jurisdictional change is not possible at this time. ________________________________________________________________________________________________________________________________________________________________________________________________ Public sewer to a single-family residence and detached accessory dwelling Refer to the Covenant Agreement to Annex for Sanitary Sewer Connection.Annexation will not occur until a logical block of properties, such as a tractor whole block is ready to annex to the City.

There is an existing 12" sewer line on Pipeline Avenue fronting the subject property.Refer to Exhibit A unit.
177
Extension of Service by Contract____________________ Application Form (FOR LAFCO USE ONLY) (b) Is the property to be served contiguous to the agency's boundary? YES NO. If yes, please provide explanation on why annexation to the agency is not being contemplated. ________________________________________________________________________________________________________________________________________________________________________________________________5. Is the service agreement/contract in responseto a threat to the public health and safety of the existing residents as defined byGovernment Code Section 56133(c)? YES NO. If yes, please provide documentation regarding the circumstance (i.e. letter from Environmental Health Services or the Regional Water Quality Control Board).__________________________________________________________________________________________________________________________________________________________________________________________________________________6. (a) What is the existing use of the property? ________________________________________________________________________________________________________________________________(b) Is a change in use proposed for the property? YES NO. If yes, please provide a description of the land use change. ________________________________________________________________________________________________________________________________7. If the service agreement/contract is for development purposes, please provide acomplete description of the project to be served and its approval status.__________________________________________________________________________________________________________________________________________________________________________________________________________________ See response 4(a).

Single-family home Zoning - RD4Not applicable
178
Extension of Service by Contract____________________ Application Form (FOR LAFCO USE ONLY)8. Are there any land use entitlements/permits involved in the agreement/contract? YES NO. If yes, please provide documentation for this entitlement including the conditions of approval and environmental assessment that are being processed together with the project. Please check and attach copies of those documents that apply: Tentative Tract Map / Parcel Map Permit (Conditional Use Permit, General Plan Amendment, etc.) Conditions of Approval Negative Declaration (Initial Study) Notice of Determination (NOD)/Notice of Exemption (NOE) Department of Fish and Game (DFG) Receipt Others (please identify below) ________________________________________________________________________________________________________________________________9. Has the agency proposing to extend service conducted any CEQA review for thiscontract? YESNO. If yes, please provide a copy assessment including a copy of the filed NOD/NOE and a copy of the DFG Receipt.10. Plan for Service:(a) Please provide a detailed description of how services are to be extended to theproperty. The response should include, but not be limited to, a description of:1) capacity of existing infrastructure, 2) type of infrastructure to be extended or added to serve the area, 3) location of existing infrastructure in relation to the area to be served, 4) distance of infrastructure to be extended to serve the area, and 5) other permits required to move forward with the service extension.________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________The property owner is building an accessory dwelling unit and desires to connect to the City's public sewer. The nearest public sewer is less than 200 feet away located on Pipeline Avenue frontingSee response 1(b)the subject property. The property owner also desires to connect the primary residence to the public sewer as well. 179
Extension of Service by Contract____________________ Application Form (FOR LAFCO USE ONLY)________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________(b) Please provide a detailed description of the overall cost to serve the property. The response should include the costs to provide the service (i.e. fees, connection charges, etc.) and also the costs of all improvements necessary to serve the area (i.e. material/equipment costs, construction/installation costs, etc.). (c) Please identify any unique costs related to the service agreement such as premium outside City/District rates or additional 3rd-party user fees and charges (i.e. fees/charges attributable to other agencies). ________________________________________________________________________________________________________________________________________________________________________________________________Not applicable 180
Extension of Service by Contract____________________ Application Form (FOR LAFCO USE ONLY)(d) If financing is to occur, please provide any special financial arrangement between the agency and the property owner, including a discussion of any later repayment or reimbursement (If available, a copy of the agreement for repayment/reimbursement is to be provided). ________________________________________________________________________________________________________________________________________________________________________________________________11 Does the City/District have any policies related to extending service(s) outside its boundary? YES NO. If yes, has a copy been provided to LAFCO? YES NO. If not, please include a copy of the policy or policies (i.e. resolution, municipal code section, etc.) as part of the application. ________________________________________________________________________________________________________________________________________________________________________________________________CCEERRTTIIFFIICCAATTIIOONNAs a part of this application, the City of Chino agrees to defend, indemnify, hold harmless, promptly reimburse San Bernardino LAFCO for all reasonable expenses and attorney fees, and release San Bernardino LAFCO, its agents, officers, attorneys, and employees from any claim, action, proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it.This indemnification obligation shall include, but not be limited to, damages, penalties, fines and other costs imposed upon or incurred by San Bernardino LAFCO should San BernardinoLAFCO be named as a party in any litigation or administrative proceeding in connection with this application.The agency signing this application will be considered the proponent for the proposed action(s) and will receive all related notices and other communications. I understand that if this application is approved, the Commission will impose a condition requiring the applicant to indemnify, hold harmless and reimburse the Commission for all legal actions that might be initiated as a result of that approval.

Refer to Exhibit BNot applicable
181
182
RECORDING REQUESTED BY AND WHENRECORDED MAIL TO: City of Chino City Clerk P.O. Box 667 Chino, CA 91708 Exempt from recording fees according to Government Code Section No. 27383 COVENANT AGREEMENT TO ANNEX AND FOR SANITARY SEWER CONNECTIONAgreement2024,by and between the City of Chino, a municipal corporation, hereinafter referred to asCityand Nhan T. Le and Grace M. Lee Family Living Trust hereinafterOwnerRECITALSA. Owner owns that certain real property located at 1, Chino, in the County of SanBernardino, State of California (APN: 1016-071-05), and more particularly described in Exhibit PropertyB. The Property is outside of s Sphere of Influence. C. Owner has requested permission to connect the Property, and existing and/orSewerD. City is willing to allow Owner to connect the Property to the Sewer on thecondition that Owner (i) enter into an irrevocable agreement to annex the Property to the City atsuch time as the City determines a sufficient number of parcels are assembled forannexation and the number of parcels or area qualifies for annexation in accordance with theLocal Agency Formation Commission (LAFCO) policy pertaining to such annexations, and (ii)conformance with all City codes and standards pertaining to the Sewer. E. As required by Government Code Section 56133, the City has requested andreceived approval from the Local Agency Formation Commission (LAFCO) of San BernardinoLAFCOAGREEMENTNOW, THEREFORE, the Parties agree as follows:Page 1 of 701225.0006/699634.4 BWB Exhibit A
183

1. Incorporation of Recitals. The foregoing recitals are incorporated herein byreference. 2. Effective Date; Duration. Effective Date date it is recorded in the Official Records shall continue in full force and effect until terminated in accordance with Section 7 below. Owner shall execute and acknowledge this Agreement and deliver it to City for execution after which City shall have it recorded in the Official Records and send a recorded copy to Owner. 3. Representations and Warranties. Owner represents and warrants to the City that, as of the Effective Date, Owner is the fee owner of the Property, that there are no other owners of the Property other than those listed in this Agreement, and that Owner has authority to execute this Agreement which shall be binding on the Property. 4. Covenants, Restrictions and Obligations. Owner covenants and agrees as follows: (a) Annexation. (i) At such time as the City decides to seek annexation of the Property to Annexation shall fully cooperate with, and provide all necessary assistance to the City during the Annexation process, and shall take all actions required to effectuate the Annexation. Owner waives all rights to protest or otherwise oppose the Annexation of the Property to the City of Chino. Specifically, Owner shall not present any written or oral protest of or objection to Annexation to LAFCO and shall not object (either orally or in writing) to any proposal by LAFCO to waive protest proceedings concerning the Annexation, whether at a public hearing or otherwise. (ii) Additionally, Owner shall pay all fees and costs, at the time that they become due and payable, as would ordinarily be charged to an Owner whose property is being considered for annexation or is annexed to the City, if any. (b) Development of Property. Upon and after connecting the Property to the Sewer, Owner shall use and develop the Property only in a manner consistent with the s General Plan General Plan in addition to any other land use and development standards imposed by the County of San Bernardino. Prior to connecting to and receiving Sewer service, Owner shall provide the City with sufficient information and documentation, including plans, drawings, and specifications, if necessary, to demonstrate to the reasonable satisfaction that the existing or proposed use of the Property is consistent with the General Plan; provided that any accessory dwelling unit meeting the standards of the County of San Bernardino zoning regulations shall not require conformance with the City's General Plan, Codes or standards. Notwithstanding any other provision of this Agreement, a proposed use that is not consistent with the General Plan will not be permitted to connect to the Sewer. (c) Sewer Connection. Owner shall (i) pay all fees, charges, and deposits required by the City for connection to and use of the Sewer including but not limited to fees for Sewer Maintenance and IEUA Sewage Treatment; (ii) shall complete all improvements required to extend the Sewer to the Property, in accordance with City standards (as determined by the City Page 2 of 7 184 codes and standards regarding use of the Sewer, including but not limited to, discharge regulations. 5. Extension of Sewer Services. City agrees to allow the Property to connect to the Sewer, subject to compliance with the terms of this Agreement and subject to any conditions imposed by LAFCO in its approval of request to extend Sewer services to the Property, if any, which are incorporated herein. 6. Runs with the Land. This Agreement shall run with and burden the Property and all future owners, tenants, and occupants of the Property, and shall run in favor of the City in gross as a covenant and equitable servitude and shall benefit all real property owned by the City from time to time. 7. Release of Covenant. Provided the Owner is not in default of this Agreement, Owner may request that this Agreement be released by sending written notice to City requesting the release after the Property has been annexed to the City of Chino. Upon confirmation of compliance with the foregoing to the reasonable satisfaction of the City, City shall execute a release in a form approved by the City Attorney, which shall be executed and acknowledged by the City and recorded in the Official Records. The release may be executed by the City Manager. 8. Violations; Remedies. (a) Breach of Annexation Covenant. (i) of S e ct io n 4(a)(i) of this Agreement will cause substantial injury to the City, including but not limited to delaying and potentially preventing s primary aim and intent in entering into this Agreement. Since the determination of actual damages caused by a breach of Section 4(a)(i) would be difficult or impractical to determine, City and Owner agree that if Owner breaches Section 4(a)(i) either by making a protest or objection as described in Section 4(a)(i) or refusing to take any actions required to effectuate the Annexation, Owner shall be liable for and shall pay to the City the sum of Ten Thousand Dollars ($10,000), and shall also reimburse the City for all costs (including legal fees) the City, and shall be due whether or not breach prevents Annexation. City may also seek any other remedy for such breach available under law. (ii) If Owner refuses or fails to timely make any payment described in Section behalf and Owner shall reimburse City for such payment within (30) days of a written demand by the City. (b) Breach of Sewer Regulations. If the City believes Owner has violated Section 4(c) of this Agreement, City may provide written notice of breach and demand that Owner remedy the breach within thirty (30) days of receipt of the notice. If Owner fails to remedy the breach in the specified time period and provide proof thereof to the reasonable satisfaction of the City, Owner shall be liable for and shall pay to the City One Hundred Dollars ($100.00) . Page 3 of 7 01225.0006/699634.4 BWB 185
(c) Rights and Remedies are Cumulative. The rights and remedies of the City listed in this Section 8 are cumulative and the exercise by City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by Owner. (d) Lien. If any amount due to the City under this Section 8 is not paid within thirty (30) days of a written demand by the City, City shall have the right to record a lien against the Property for such amount. 9. Amendment or Modification. This Agreement may not be amended or modified except (i) in writing executed by the then current owner(s) of the Property and the City, and (ii) recorded in the Official Records. 10. Notices. Any notice to be given under this Agreement shall be given by personal delivery or by depositing the same in the United States Mail, certified or registered, postage prepaid, at the following addresses: City: City of Chino 13220 Central Avenue Chino, CA 91710 Attn: Director of Development Services With Copy to: City of Chino 13220 Central Avenue Chino, CA 91710 Attn: City Attorney Owner: Nhan T. Le and Grace M. Lee Family Living Trust 12251 Pipeline Avenue Chino, CA 91710 Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in the mail. Any party may change address for notice by giving written notice of such change to the other party. 11. Miscellaneous. (a) Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. (b) Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California and any legal action shall be brought in a court of competent jurisdiction in San Bernardino County. (c) Attorney's Fees. In the event of any litigation or other legal proceeding arising from this Agreement, the prevailing party will be entitled to recover, in addition to any other relief awarded or granted, its reasonable costs and expenses, including attorney's fees, incurred in the proceeding. Page 4 of 7 01225.0006/699634.4 BWB 186
(d) Final Agreement. This Agreement contains the entire understanding and agreement with respe ct to t h e subject matter of t his Agreement and a ll p ri or o r contemporaneous documents, communications, understandings, representations, and statements shall be of no force or effect. (e) Construction. This Agreement shall be construed according to its fair meaning as if prepared by all parties to this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. (f) No Waiver. The failure to enforce any term, covenant, or condition of this Agreement shall not be construed as a waiver of the right to enforce this, or any other, term, covenant, or condition of this Agreement. (g) Counterparts. This Agreement may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and the same document. [Signatures on Following Page] Page 5 of 7 01225.0006/699634.4 BWB 187
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officials thereunto duly authorized. CITY: CITY OF CHINO, a municipal corporation Linda Reich, City Manager ATTEST: Natalie Gonzaga, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: ALESHIRE & WYNDER, LLP Fred Galante, City Attorney Hye Jin Lee Director of Public Works OWNER: NHAN T. LE AND GRACE M. LEE FAMILY LIVING TRUST By: Nhan T. Le, Trustee By: Grace M. Lee, Trustee [ SIGNATURE SHALL BE NOTARIZED] Page 6 of 7 01225.0006/699634.4 BWB 188
EXHIBIT A PROPERTY DESCRIPTION That certain real property in the County of San Bernardino, State of California, legally described as follows: THAT PORTION OF LOT 9, SECTION 3, TOWNSHIP 2 SOUTH, RANGE 8 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO MAP OF SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER FOR SAID LOT; THENCE NORTH 278.2/3S FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 208.2/3 FEET A POINT THENCE NORTH ALONG A LINE PARALLEL WITH WEST LINE OF SAID LOT 70 FEET TO A POINT; THENCE WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 208.2/3 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID LOT 70 FEET TO THE TRUE POINT OF BEGINNING. APN: 1016-071-05-0000 Page 7 of 7 01225.0006/699634.4 BWB 189 190
191
192

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City of Chino
City Clerk
P.O. Box 667
Chino, CA 91708

Exempt from recording fees according to
Government Code Section No. 27383

SPACE ABOVE THIS LINE FOR RECORDER’S USE

COVENANT AGREEMENT TO ANNEX

AND FOR SANITARY SEWER CONNECTION

This Covenant Agreement (“Agreement”) is made this ____ day of ____________, 2024, by and between the City of Chino, a municipal corporation, hereinafter referred to as “City”, and Nhan T. Le and Grace M. Lee Family Living Trust hereinafter referred to as “Owner.”

RECITALS

A. Owner owns that certain real property located at 1, Chino, in the County of San Bernardino , State of California (APN: 1016-071-05), and more particularly described in Exhibit “A” attached hereto (“Property”).

B. The Property is outside of the City’s territorial boundaries but within City’s Sphere of Influence.

C. Owner has requested permission to connect the Property, and existing and/or proposed improvements on the Property, to the City’s sanitary sewer system (“Sewer”).

D. City is willing to allow Owner to connect the Property to the Sewer on the condition that Owner (i) enter into an irrevocable agreement to annex the Property to the City at such time as the City determines a sufficient number of parcels are assembled for annexation and the number of parcels or area qualifies for annexation in accordance with the Local Agency Formation Commission (LAFCO) policy pertaining to such annexations, and (ii) that Owner agrees to develop the Property in accordance with the City’s General Plan and in conformance with all City codes and standards pertaining to the Sewer.

E. As required by Government Code Section 56133, the City has requested and received approval from the Local Agency Formation Commission (LAFCO) of San Bernardino County (“LAFCO”) to provide Sewer services to the Property.

AGREEMENT

NOW, THEREFORE, the Parties agree as follows:

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1. Incorporation of Recitals . The foregoing recitals are incorporated herein by reference.

2. Effective Date; Duration. This Agreement shall be effective (“ Effective Date”) on the date it is recorded in the Official Records of San Bernardino County (“ Official Records”) and shall continue in full force and effect until terminated in accordance with Section 7 below.

Owner shall execute and acknowledge this Agreement and deliver it to City for execution after which City shall have it recorded in the Official Records and send a recorded copy to Owner.

3. Owner’s Representations and Warranties. Owner represents and warrants to the City that, as of the Effective Date, Owner is the fee owner of the Property, that there are no other owners of the Property other than those listed in this Agreement, and that Owner has authority to execute this Agreement which shall be binding on the Property.

4. Covenants, Restrictions and Obligations. Owner covenants and agrees as follows:
(a) Annexation.
(i) At such time as the City decides to seek annexation of the Property to the City (“ Annexation”), in the City’s sole discretion, Owner shall consent to the Annexation, shall fully cooperate with, and provide all necessary assistance to the City during the Annexation process, and shall take all actions required to effectuate the Annexation . Owner waives all rights to protest or otherwise oppose the Annexation of the Property to the City of Chino. Specifically, Owner shall not present any written or oral protest of or objection to Annexation to LAFCO and shall not object (either orally or in writing) to any proposal by LAFCO to waive protest proceedings concerning the Annexation, whether at a public hearing or otherwise.
(ii) Additionally, Owner shall pay all fees and costs, at the time that they become due and payable, as would ordinarily be charged to an Owner whose property is being considered for annexation or is annexed to the City, if any.

(b) Development of Property. Upon and after connecting the Property to the Sewer, Owner shall use and develop the Property only in a manner consistent with the permitted use(s) for the Property as show in the Land Use Element of the City’ s General Plan (“General Plan”), in addition to any other land use and development standards imposed by the County of San Bernardino. Prior to connecting to and receiving Sewer service, Owner shall provide the City with sufficient information and documentation, including plans, drawings, and specifications, if necessary, to demonstrate to the City’s reasonable satisfaction that the existing or proposed use of the Property is consistent with the General Plan; provided that any accessory dwelling unit meeting the standards of the County of San Bernardino zoning regulations shall not require conformance with the City's General Plan, Codes or standards. Notwithstanding any other provision of this Agreement, a pr oposed use that is not consistent with the General Plan will not be permitted to connect to the Sewer. (c) Sewer Connection . Owner shall (i) pay all fees, charges, and deposits required by the City for connection to and use of the Sewer including but not limited to fees for Sewer Maintenance and IEUA Sewage Treatment; (ii) shall complete all improvements required to extend the Sewer to the Property, in accordance with City standards (as determined by the City Engineer), at Owner’s sole expense; and (iii) shall comply with all City

codes and standards regarding use of the Sewer, including but not limited to, discharge regulations.

5. Extension of Sewer Services. City agrees to allow the Property to connect to the Sewer, subject to Owner’s compliance with the terms of this Agreement and subject to any conditions imposed by LAFCO in its approval of City’s request to extend Sewer services to the Property, if any, which are incorporated herein.

6. Runs with the Land . This Agreement shall run with and burden the Property and all future owners, tenants, and occupants of the Property, and shall run in favor of the City in gross as a covenant and equitable servitude and shall benefit all real property owned by the City from time to time.

7. Release of Covenant. Provided the Owner is not in default of this Agreement, Owner may request that this Agreement be released by sending written notice to City requesting the release after the Property has been annexed to the City of Chino. Upon confirmation of compliance with the foregoing to the reasonable satisfaction of the City, City shall execute a release in a form approved by the City Attorney, which shall be executed and acknowledged by the City and recorded in the Official Records . The release may be executed by the City Manager.

8. Violations; Remedies.
(a) Breach of Annexation Covenant.
(i) Owner’s breach of S e ct io n 4(a)(i) of this Agreement will cause substantial injury to the City, including but not limited to delaying and potentially preventing City’s ability to annex the Property and other properties to the City, which is the City’ s primary aim and intent in entering into this Agreement. Since the determination of actual damages caused by a breach of Section 4(a)(i) would be difficult or impractical to determine, City and Owner agree that if Owner breaches Section 4(a)(i) either by making a protest or objectio n as described in Section 4(a)(i) or refusing to take any actions required to effectuate the Annexation, Owner shall be liable for and shall pay to the City the sum of Ten Thousand Dollars ($10,000), and shall also reimburse the City for all costs (including legal fees) incurred by the City as a result of Owner’s breach, all of which shall be due upon demand by the City, and shall be due whether or not Owner’s breach prevents Annexation. City may also seek any other remedy for such breach available under law. (ii) If Owner refuses or fails to timely make any payment described in Section 4(a)(ii), Owner authorizes City to make such payment on Owner’s behalf and Owner shall reimburse City for such payment within (30) days of a written demand by the City. (b) Breach of Sewer Regulations . If the City believes Owner has violated Section 4(c) of this Agreement, City may provide written notice of breach and demand that Owner remedy the breach within thirty (30) days of receipt of the notice. If Owner fails to remedy the breach in the specified time period and provide proof thereof to the reasonable satisfaction of the City, Owner shall be liable for and shall pay to the City One Hundred Dollars ($100.00) per day until the breach is cured to the City’s reasonable satisfaction.

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(c) Rights and Remedies are Cumulative. The rights and remedies of the City listed in this Section 8 are cumulative and the exercise by City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by Owner. (d) Lien. If any amount due to the City under this Section 8 is not paid within thirty (30) days of a written demand by the City, City shall have the right to record a lien against the Property for such amount.

9. Amendment or Modification. This Agreement may not be amended or modified except (i) in writing executed by the then current owner(s) of the Property and the City, and (ii) recorded in the Official Records.

10. Notices. Any notice to be given under this Agreement shall be given by personal delivery or by depositing the same in the United States Mail, certified or registered, postage prepaid, at the following addresses:

City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Director of Development Services
With Copy to: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Attorney
Owner: Nhan T. Le and Grace M. Lee Family Living Trust
12251 Pipeline Avenue
Chino, CA 91710
Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in the mail. Any party may change address for notice by giving written notice of such change to the other party.

11. Miscellaneous.
(a) Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
(b) Governing Law . This Agreement shall be construed and enforced in accordance with the laws of the State of California and any legal action shall be brought in a court of competent jurisdiction in San Bernardino County. (c) Attorney's Fees. In the event of any litigation or other legal proceeding arising from this Agreement, the prevailing party will be entitled to recover, in addition to any other relief awarded or granted, its reasonable costs and expenses, including attorney's fees, incurred in the proceeding.

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(d) Final Agreement . This Agreement contains the entire understanding and agreement with respe ct to th e subject matter of this Agreement and a ll p rior o r contemporaneous documents, communications , understandings , representations , and statements shall be of no force or effect.
(e) Construction. This Agreement shall be construed according to its fair meaning as if prepared by all parties to this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. (f) No Waiver. The failure to enforce any term, covenant, or condition of this Agreement shall not be construed as a waiver of the right to enforce this, or any other, term, covenant, or condition of this Agreement.
(g) Counterparts. This Agreement may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and the same document.

[Signatures on Following Page]

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IN WITNESS WHEREOF , the parties hereto have caused this agreement to be executed by their respective officials thereunto duly authorized.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager

ATTEST:

Natalie Gonzaga, City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP

Fred Galante, City Attorney Hye Jin Lee
Director of Public Works

OWNER:

NHAN T. LE AND GRACE M. LEE FAMILY

LIVING TRUST

By:

Nhan T. Le, Trustee

By:

Grace M. Lee, Trustee

[TRUSTEES’ SIGNATURE SHALL BE NOTARIZED]

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EXHIBIT A

PROPERTY DESCRIPTION
That certain real property in the County of San Bernardino, State of California, legally described as follows:

THAT PORTION OF LOT 9, SECTION 3, TOWNSHIP 2 SOUTH, RANGE 8 WEST, SAN

BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, ACCORDING TO MAP OF SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER FOR SAID LOT; THENCE NORTH 278.2/3S FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 208.2/3 FEET A POINT THENCE NORTH ALONG A LINE PARALLEL WITH WEST LINE OF SAID LOT 70 FEET TO A POINT; THENCE WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 208.2/3 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID LOT 70 FEET TO THE TRUE POINT OF BEGINNING.

APN: 1016-071-05-0000

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MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
Assembly Bill (AB) 481 – Funding, Acquisition, and Use Policy. ..end

RECOMMENDATION
..recommendation
Adopt Ordinance No. 2024-006, approving the Chino Police Department's "Military Equipment" Use Policy.

..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:
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure:

Transfer In: Transfer Out:
200
CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: ASSEMBLY BILL (AB) 481 - FUNDING, ACQUISITION, AND USE POLICY.

PAGE: 2

BACKGROUND
Effective January 1, 2022, Assembly Bill (AB) 481 requires all California law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a “military equipment” use policy prior to taking certain action s relating to the funding, acquisition, or use of “military equipment”, as defined.

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

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

AB 481 designates the following categories of items as military equipment:
· Unmanned, remotely piloted, powered aerial or ground vehicles · Mine-resistant ambush-protected vehicles or armored personnel carriers · High mobility multipurpose wheeled vehicles (HMMWV), t wo-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached · Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion
· Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units 201
CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: ASSEMBLY BILL (AB) 481 - FUNDING, ACQUISITION, AND USE POLICY.

PAGE: 3

· Weaponized aircraft, vessels, or vehicles of any kind · Battering rams, slugs, and breaching apparatuses that are explosive in nature · Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard-issue shotgun ammunition
· Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identi fied as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns
· Any firearm or firearm accessory that is designed to launch explosive projectiles · “Flashbang” grenades and explosive breaching tools, “te ar gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray · Taser Shockwave, microwave weapons, water cannons, and long -range acoustic devices
· Projectile launch platforms and their associated munitions including 40mm projectil e launchers, “bean bag,” rubber bullet, and specialty impact munition weapons · Any other equipment as determined by a governing body or a state agency to require additional oversight

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

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

Additionally, AB 481 requires the department to host a community engagement meeting which will be hosted on Tuesday, March 12, 2024, at the police department. This meeting was advertised at least 30-days in advance and community members will have the opportunity to discuss funding, acquisition, and our use of “military equipment”, as defined by AB 481.

Attachment: Chino Police Department Lexipol Policy
“Military Equipment” Inventory List

202

1 Ordinance No.2024-006
01225.0010/774838.4

ORDINANCE NO. 2024-006

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA APPROVING THE UPDATED CHINO POLICE
DEPARTMENT’S MILITARY EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Chino Police Department is in possession of certain items of equipment that qualify under the broad definition of “military equipment” under AB 481; WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released and written military equipment use policy document covering t he inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment;
WHEREAS, Lexipol Policy 708 “The Use of Military Equipment as defined by AB 481,” was published on the Chino Police Department’s internet website on February 13, 2023. The same was presented to Chino City Council on February 13, 2023 and adopted on March 21, 2023.

WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually;
WHEREAS, on February 12, 2024, the City Police Department published on the Chino Police Department’s internet website the opportunity for any members of the public to attend a community engagement meeting on Tuesday, March 12, 2024, at 6:00 p.m. in the Chino Police Department Community Room and discuss the proposed updates to the Military Equipment Use Policy;
WHEREAS, the City Council of the City of Chino , having received the information required under AB 481 regarding the Chino Police Department’s use of “military equipment” as defined in said law, deems it to be in the best interest of the City to approve updates to the Military Equipment Use Policy as set forth herein.

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

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.
203

2 Ordinance No.2024-006
01225.0010/774838.4

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

Military Equipment Policy.
(a) The City Council has made the following determinations:
(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) The proposed updated military equipment use policy attached hereto as Exhibit “A” (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) The equipment described in the Policy is reasonably cost effective compared to available alternatives that can achieve the same obje ctive of officer and civilian safety (if any);
(4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance by way of the adoption of the Policy by this Ordinance.
(b) The Chino Police Department has made the Policy available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue and described in the Policy.
(c) The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, notice d in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use.
(e) The Chino Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (f) The City Council shall review this Ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2). (g) The City Council approves the use of the Policy and finds that it satisfies the requirements of Government Code Section 7070(d).

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

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

SECTION 5. This ordinance shall become effective thirty (30) days following its adoption. 204

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PASSED, APPROVED, AND ADOPTED this 2nd day of April, 2024.

EUNICE M. ULLOA, MAYOR
ATTEST:

NATALIE GONZAGA, CITY CLERK

Attachments incorporated by reference:

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

2. Exhibit B — Military Equipment Inventory as of February, 2024

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 2nd day of April 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK

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

Chino Police Department
Chino PD Policy Manual

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

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

Military equipment – Defined by and identified in Government Code Section 7071 (c) (1 - 15).
708.2 POLICY
It is the policy of the Chino Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Professional Standards Unit to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Departm ent intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment annually.

Policy
708
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(d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Chino Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.5 COORDINATION WITH OTHER JURISDICTION
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.

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

The Professional Standards Unit will conduct an annual audit. The Chief of Police or the authorized designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Professional Standards Unit and handled in accordance with the Personnel Complaints Policy.

All instances of non -compliance will be repor ted to Chino City Council via the annual military equipment report.

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

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

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

See Exhibit “B”
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Exhibit “B”
“MILITARY EQUIPMENT” as defined by AB 481 as of August 2024

1. Unmanned, remotely piloted, powered aerial or ground vehicles (Category 1) a. Description, quantity, capabilities, and purchase cost:
i. DJI PHANTOM 4 PRO, cost: approximately $800 each, quantity: 2. UAS that weighs approximately 3 pounds and has video recording capabilities, approximately 30 minutes of flight time.
ii. DJI MAVIC 2 ENTERPRISE ADVANCED, cost: approximately $3,500 each, quantity: 2. UAS that weighs approximately 2.5 pounds has infrared capability and is able to record video and audio with approximately 30 minutes of flight time.
iii. DJI MAVIC AIR, cost: approximately $700 each, quantity: 2. UAS that weighs approximately 1 pound and is able to record video and audio with approximately 20 minutes of flight time.
iv. DJI Avata, cost: approximately $1300 each, quantity 1. UAS weighs approximately 2 pounds and is used to fly indoors. The Avata is able to record video and audio with approximately 20 minutes of flight time. b. Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, in compliance with FAA regulations and with respect for constitutional rights and privacy, which include but are not limited to: Crime scene documentation, traffic collision scene documentation, searches for missing persons, disaster response, searches for suspects who are believed to be hiding within a defined incident perimeter, in support of search warrant or tactical operations such as barricaded su spects, mapping of critical infrastructure for Homeland Security purposes, security operations at larger public gatherings, where images are not recorded except for criminal behavior, critical incident management, enforcement of City Municipal Codes related to Health and Safety, such as fireworks, aerial imaging services to other units of government. c. Authorized Use : Only assigned operators who have completed the required training shall be permitted to operate UAS equipment during approved missions. d. Expected Life Span: All UAS equipment, approximately 3-5 years. e. Fiscal Impac t: Annual maintenance and battery replacement cost is approximately $400.
f. Training: All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40-hour department training and ongoing quarterly training.
g. Legal and Procedural Rules : Use is established in the Unmanned Aerial System’s Policy and FAA Regulation 14 CFR Part 107. It is the policy of the Chino Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

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

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

2. The Throwbot® XT is a throwable, mobile micro-robot that provides both audio and video reconnaissance of dangerous environments. Personnel can use the new micro -robot to quickly gain situational awareness during high-risk operations and surveillance missions.
iii. Recon Robotics, Throwbot® 2 (TB2), cost: $16,270 each, quantity: 1. The robot is a throwable micro-robot platform that enables operators to obtain instantaneous video and audio reconnaissance within indoor or outdoor environments.
b. Purpose: To be deployed when its capabilities would assist officers or incident commanders when dealing with tactical or lifesaving operations. The robot can be directed to move through a structure and transmit real-time video and audio. These reconnaissance features can locate and identify subjects, confirm presence of hostages, and reveal building layout. These robotic technologies may be used in many different circumstances including but not limited to:

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

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

LENCO BEARCAT, G2, cost: approximately $273,000, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of downed personnel or civilians. The Bearcat G2 has increased ground clearance and a robust suspension which allows for an emergency response to almost any situation. It can stop various projectiles, which 210

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

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

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

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

5. Command and Control Vehicles (Category 5)
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a. Description, quantity, capabilities, and purchase cost:
b. Tactical Response Vehicle (TRV) : A 201 7 Chevrolet Suburban on a 3500 Chassis, cost: approximately $83,000, quantity: 1. The TRV is used as a mobile command and control vehicle for extended operations and critical incidents. The TRV is outfitted with specialized equipment to support field personnel and incident commanders.
c. Purpose: To be used to facilitate command and control at critical incidents, as a rapidly deployable response vehicle. It supports the function of incident commanders until the scene is stabilized or when extended, the MCC is deployed. d. Authorized Use : The TRV shall be deployed by officers authorized for its deployment by the Watch Commander or their designee and in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The driver/operator shall receive training or instruction in the safe handling of the vehicle.
h. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the TRV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

6. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
b. Special Weapons and Tactics (SWAT) Team Van: A 2016 Ford Transit Van 350 Chassis, cost: approximately $39,000, quantity: 1. The SWAT Team Van is used to transport specialized SWAT Team equipment and was specially built to do so. c. Purpose: To be used for the transportation of specialized SWAT Team equipment for training and for authorized SWAT Team operations.
d. Authorized Use: The SWAT Team Van shall be used by officers authorized for its deployment by the SWAT Team Commander or their designee and in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The dri ver/operator shall receive training in the safe handling of the vehicle. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use. h. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the SWAT Team Van only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

7. Command and Control Vehicles (Category 5)
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a. Description, quantity, capabilities, and purchase cost:
b. Crisis Negotiation Team (CNT) Van: A 2020 Ford Transit Van 350 Chassis, cost:
approximately $41,000, quantity: 1. The CNT Van is used to support the function of the Crisis Negotiation T eam as outlined in the Crisis Response Unit (CRU) policy.
c. Purpose: To be used for the transportation of CNT members and CNT operations conducted in support of the SWAT team.
d. Authorized Use : The CNT Van shall be used by officers authorized for its deployment by the CRU Commander or their designee and in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The driver/operator shall receive training in the safe handling of the vehicle. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use. h. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the CNT Van only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

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

The breaching ammunition is as follows:
(1) Royal Arms 275 grain copper frangible, cost: $4.50/round, quantity:
200 rounds. For use on solid wood doors, locks, and hinges. (2) Royal Arms 425 grain copper frangible, cost: $4.50/round, quantity 100 rounds. For use on heavy locks, dead-bolts & hinges, solid-oak, and steel doors.
(3) Royal Arms HP cutter 450 grain, cost: $5.00/round, quantity 100 rounds. Cuts re-bar, penetrates security glass, car doors, punches into engine blocks.
(4) Royal Arms copper frangible 500 grain, cost: $5.00/round, quantity 100 rounds. For use on h eavy Locks, Cross -bolts, and Hinges (Steel Doors / Steel Frames)
b. Purpose: To be used in response to critical incidents or CRU operations to enhance officer and community safety, improve scene containment and 213

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

9. Specialized Firearms and Ammunition of less than .50 caliber (As defined by PC30510 and 30515) (Category 10)
a. Description, quantity, capabilities, and purchase cost:
i. Daniel Defense DDM4 MK12 Carbine, caliber: .223 and 5.56 NATO, cost:
$1700 each, quantity: 1 15. The Daniel Defense DDM4 MK12 is a high- precision rifle that fires .223 caliber and 5.56 NATO rounds accurately at close and long range. This rifle is the primary duty rifle issued for patrol officers, field personnel and specialized investigative units. ii. Daniel Defense DDM5 Carbine, caliber: 308 WIN/ 7.62 x 51mm, cost:
$2,500, quantity: 1. The Daniel Defense DDM5 is a high precision rifle that fires 308 WIN/ 7.62 x 51mm rounds accurately at close and long range.

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

The Colt M4 Carbine is a high precision rifle that fires .223 caliber, and 5.56 NATO rounds accurately at close and long range. This rifle is the issued for use of specialized investigative units and as back -up SWAT team weapons.
iv. Remington 700 bolt action rifle: 308 WIN, cost: $ 900 quantity: 5. The Remington 700 rifles are long -range precision rifles that shoot 308 WI N rounds. The rifles are issued and used by our SWAT Team Long Rifle team.
(1) Ammunition: The Chino Police Department maintains an inventory of training and duty ammunition for the rifles listed above. The inventory fluctuates based upon training and the cycling out of duty ammunition, however it maintains approximately 25,000 rounds of duty ammunition and approximately 100,000 rounds of training ammunition. .
(a) The following is a list of manufacturers and types of the department’s duty ammunition:
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(i) Hornaday 168 grain ELD Match TAP Precision 308
WIN
(ii) Hornaday 165 GMX TAP Heavy Barrier 308 WIN
(iii) Speer LE Gold Dot 62 grain .223
(iv) Hornaday TAP 75 grain .223 and 5.56 NATO
(b) The Chino Police Department utilizes ammunition of various types from various reputable manufa cturers for training purposes, based upon availability.
b. Purpose: To be used as precision weapons to address a threat requiring more precision and/or greater distances than that of a handgun, if present and feasible. c. Authorized Use: Only officers that complete the required POST-certified Tactical Rifle Course, which satisfies legislative training mandates as described in PC 33220, are authorized to deploy a rifle.
d. Lifespan
i. Daniel Defense DDM4 MK12 Carbine: No expiration.
ii. Daniel Defense DDM5 Carbine: No expiration.
iii. Colt M4 Carbine: No expiration.
iv. Remington 700 Bolt-action rifle: No expiration.
v. Ammunition: No expiration.
e. Fiscal Impact: Annual maintenance is approximately $50 for each rifle. f. Training: Officers shall not carry or utilize the patrol rifle unless they have successfully completed the required POST -certified Tactical Rifle Course, which satisfies legislative training mandates as described in PC 33220. Officers shall thereafter be required t o successfully complete yearly training and qualification conducted by a certified firearms instructor.
g. Legal and Procedural Rules: Use is established under the Patrol Rifles Policy. It is the policy of the Chino Police Department to utilize rifles only f or official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

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

A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. i. Defense Technology Distraction Device Reloadable Body Model 8933. The Low Roll® Distraction Device® is a reloadable gun steel body with hex design. This newest version of the first reusable non -bursting canisters limits movement and rolling once deployed. cost: $58 each, quantity: 55 ii. Defense Technology Distraction Device 12-gram reload Model 8901 used in conjunction with the above reloadable body emits a loud “bang” and a flash of light, cost: $34 each, quantity: 102
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iii. CTS Flash-Bang 9Bang Model 7290-9 emits a loud “bang” and a flash of light (9) times, cost: $100 each, quantity: 28
b. Purpose: To produce atmospheric over-pressure and brilliant white light and, as a result, can cau se short-term (6 -8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use: Diversionary Devices shall only be used: By SWAT officers who have been trained in their proper use. In hostage and barricaded subject situations.

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

11. Explosive Breaching Tools (Category12)
a. Description, quantity, capabilities, and purchase cost:

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

Explosive breaching materials are used to m ake breaching charges of various shapes and strength which are specifically designed for the target. The materials release gasses, heat, and light when initiated. The pressure from the gasses released presses against mediums and or the target to cause the structure of the target to fail for a successful breach. Breaching charges are specially designed to cause structural failure of the desired target. The breaching charges in stock were built in house by the designated SWAT Team Explosive Breachers. Various types, configurations, and energetic weights are maintained for use as needed. Older charges are cycled out of stock during monthly training. i. 20 pounds of C2 Sheet Explosive PETN, cost: $49.50/ pound. A PETN based sheet explosive.
ii. 1500 feet, 50 grain pe r foot, detonation cord PETN, $0.63/ foot. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high -speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. iii. 100 Non-electric detonators 40-foot #1 delay, $10.75 each iv. 10 PETN slip-on boosters, 20 gram, $5.50 each
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b. Purpose: To safely gain entry into a structure when an emergent law enforcement need exists.
c. Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.
d. Expected Lifespan:
i. 50 grain Detonation Cord – 5 years
ii. C2 Sheet Explosive – Until expended
iii. Non-electric detonator – Until expended
iv. Slip-on boosters – Until expended
e. Fiscal Impact: Annual cost of the program $2,000.
f. Training: All Explosive Breachers shall be licensed as a Blaster by Cal-OSHA. All Breachers will attend an approved Explosive Breaching course. g. Legal and Procedural Rules : It is the policy of the Chino Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Use of force and Crisis Response Unit policies apply.

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

Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Chino Police Department as a non-lethal tool to disperse subjects engaged in civil unrest, as described by law and AB48 and Government Code 12525.2, as well as barricaded subjects for a legitimate law en forcement purpose. The Chino Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 -Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legall y possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2 -5 minutes) and respiratory inflammation (subsides in approximately 2 minutes)
i. CTS #5230B – Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Cost: $35 Each, quantity: 47.
ii. Defense Technology #1016 – Pyrotechnic canister grenade emitting CS smoke through for 20 to 40 seconds. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full -size tactical grenade. May be launched or hand th rown. Cost: $26.40 each, quantity:

12. iii. Defense Technology #1032 – The design of the Tri -Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a 217

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barricaded subject. The purpose of the Tri -Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. Cost: $38.40, quantity: 8.
iv. Defense Technology #2262 – The Ferret® 40mm Round is non -burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $23.60, quantity: 38.
v. Defense Technology #6182 Spede-Heat™ - The Spede-Heat™ CS Long- Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat™ is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20- 40 seconds from a single source. Cost: $31 each, quantity: 41. vi. Defense Technology #1026 Triple-Chaser – The Triple -Chaser C S consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This is a hand-thrown munition. Cost $38.50 each, quantity:

8. vii. Defense Technolo gy #1080 Riot Control OC - The Riot Control OC grenade is designed specifically for outdoor use in crowd control situations with a high volume of continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located at the t op of the canister. This grenade can be used to conceal tactical movement or to route a crowd. This is a hand -thrown munition. Cost: #38.50 each, quantity: 5.
viii. Defense Technology #6042 Muzzle Blast CS – The Muzzle Blast CS round can be used in crowd mana gement and in tactical operations such as a barricaded subject, room clearing, area denial and for small space contamination. As a pain compliance round it is an excellent device for deploying chemical-laden CS powder at close ranges. This is deployed from a 40mm launcher. Cost: $31 each, quantity: 10.
ix. Defense Technology #6040 Muzzle Blast OC – The Muzzle Blast OC round can be used in crowd management and in tactical operations such as a barricaded subject, room clearing, area denial and for small space contamination. As a pain compliance round it is an excellent device for deploying chemical-laden OC powder at close ranges. This is deployed from a 40mm launcher. Cost: $31 each, quantity: 6.
x. Defense Technology #1097 Rubber Ball CS Blast – The Rubber Ball CS Blast grenade is a maximum effe ct device that delivers three stimuli for psychological and physiological effects: light, sound, and CS. The Rubber Ball CS Blast combines loud report and flash with effects of chemical agents. This is a hand-thrown munition. Cost: $35 each, quantity: 1. 218

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xi. Defense Technology #1082 Riot Control Continuous Discharge CS – The Riot Control Continuous Discharge CS is specifically designed for outdoor use in crowd control situations with a high -volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This is a hand -thrown munition. Cost:
$38.50 each, quantity: 13.
xii. Defense Technology #6172 Skat Shell CS – The Skat Shell CS multiple chemical projectile round is designed to deliver multiple CS canisters from a 40mm launche r. It is designed for outdoor use and is widely used for crowd management for the rapid and broad deployment of a chemical agent by a single grenadier. This is deployed from a 40mm launcher. Cost:
$31 each, quantity: 4.
xiii. Defense Technology #6320, 40mm Direct Impact OC. A less lethal 40mm lightweight plastic and crushable foam projectile fired from a 40mm launcher. The 39 -gram crushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40mm Direct Impact OC Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. Cost $31, quantity 5. xiv. Defense Technology #6322, 40mm Direct Impact CS. A less lethal 40mm lightweight plastic and crushable foam projectile fired from a 40mm launcher. The 39 -gram crushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of CS. The 40mm Direct Impact CS Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. Cost $31, quantity 2.
xv. Defense Technology #1092, Han-ball CS. The Han-ball CS is an outdoor use grenade expelling its paylo ad in approximately 15 -20 seconds. The grenade holds approximately 1.6 ounces of active agent which is expelled through three ports around the equator of the ball. Cost $35, quantity 27. xvi. Defense Technology #1063, Military-Style Saf-Smoke Grenade. The Saf- Smoke grenade is designed for training but may also be used in operations.

The Saf-Smoke Grenade offers similar burn times as the Speed-Heat and Riot Control Grenade. It emits a very white smoke. This is a hand-thrown munition. Cost $31, quantity 10.
xvii. Defense Technology #1073 , Maximum HC Smoke. The Maximum Smoke grenade is designed for outdoor in crowd control and expels its payload in approximately 1.5 -2 minutes through four gas ports located at the top of the canister. The grenade can be used to conceal tactical movement or route a crowd. This is a hand -thrown munition. Cost $31,. quantity 4.
xviii. Defense Technology #1017 , Pocket Tactical Saf -Smoke. The Pocket Tactical Saf -Smoke grenade is a small and lightweight. It will burn for approximately 20 -40 seconds and is normally used as a signaling or covering device. This is a hand-thrown munition. Cost $31, quantity 7. xix. Defense Technology #6582, 40mm Ground Marker CS 200M. The 40mm Ground Marker munition is designed to deliver an irritant payload downrange to specified dist ances. The spin stabilized projectile and smokeless propulsion system produce extremely consistent velocities and range. Applications for this product include crowd control, marking and 219

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obscuration. This is deployed from a 40mm launcher. Cost $31, quantity

12. xx. Defense Technology #1072 , Spede-Heat Continuous Discharge Chemical CS Grenade. A high-volume CS Grenade with continuous burn, designed for outdoor in crowd control environments, expels its payload in approximately 20 -40 seconds through four gas ports at the top of the canister, three on the side and one on the bottom. This is a hand-thrown munition. Cost $37, quantity 4.
xxi. Aerko Clear Out #AER1145, 6 ounce Burst Fogger. Aerko Clear Out fogger is a non-flammable aerosol which delivers an aerosol comprised of a mixture of CS and OC It is a chemical agent used to force occupants of an enclosed space to leave the area. This is a hand-thrown munition. Cost $19, quantity 12.
b. Purpose: To be used in response to incidents of civil unrest as described by law and AB48 and Government Code 12525.2, as well as barricaded subjects, critical incidents, CRU operations to enhance officer and community safety. c. Authorized Use: The use of chemical agents will be done so at the direction of a Mobile Field Force Commander or SWAT Commander.
d. Lifespan: The lifespan of each chemical agent is approximately 5 years from the date of manufacture (each munition has it manufacture date affixed). e. Fiscal Impact : No measurable fiscal impact for maintenance. The cost of the program is approximately $4,000.
f. Training: Certified training in the use of chemical agents for each appropriate use in crowd control or by the SWAT team wil l be completed prior to its use by any department member.
g. Legal and Procedural Rules : Use is described in the Use of Force, Civil Disturbance or Unusual Occurrence Plan, First Amendment Assemblies policies.

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

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

PepperBall gives law enforcement professionals a powerful, non-lethal option for defense. PepperBall launchers use high pressure air to deliver PAVA (Pelargoinc Acid Vanillylamide) powder projectiles which are similar to a powdered “pepper spray.” The PAVA projectiles deliver kinetic energy impacts as well as the PAVA powder. It is a de -escalation tool to avoid further injuries or lethal options to a subject.
i. PepperBall VKS Carbine launcher. The VKS launcher is the strongest non- lethal consumer device available from PepperBall, it has an effective distance of up to 150 feet. It is powered with a high-pressure air bottle and the rounds are gravity fed through a hopper, or magazine fed. Cost: $1,300 each, quantity: 4.
ii. PepperBall SA -200 Launcher. The launcher is powered with a high - pressure air bottle and the rounds are gravity fed through a hopper. Cost:
$800, quantity: 1.
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iii. PepperBall Tac Launcher. The launcher is powered with a high -pressure air bottle and the rounds are gravity fed through a hopper. Cost: $800, quantity: 1.
iv. PepperBall Live Projectiles. The bas ic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280 -350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft.

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

The projectile has a direct impact of 60ft. Cost: $400/ per 375 rounds, quantity: 1500.
b. Purpose: To provide officers with a non -lethal option to deliver a chemical agent and kinetic impact to subjects for a legitimate law enforcement purpose, to affect an arrest, prevent escape or overcome resistance as define by law and department policy. It is a de -escalation tool to avoid further injur ies or lethal options to a subject.
c. Authorized Use: Officers may deploy a PepperBall launcher in incidents of civil unrest as described by law and AB48 and Penal Code 13652 , as a non -lethal option to deliver a chemical agent and kinetic impact on subjects who are violent, threatening violence, who are armed, or threatening self -harm, and barricaded subjects.
d. Expected Lifespan:
i. Launchers – 5-10 years.
ii. Live and inert projectiles - 5 years
e. Fiscal Impact : Annual maintenance costs are approximately $50/ launcher.

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

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

LRAD 100X Portable Hailing System, cost: $6,000, quantity: 1. The Model 100X Portable Hailing System is a self -contained, hand-held, portable communications device for use in on-scene and tactical communications. It has the capability to be 20- 30 dB louder than legacy bullhorns and vehicle-based P.A. systems, while still being 4x- 6x louder and more intelligible than products with a comparable size and weight. Weighing at only 15 lbs. with battery.
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b. Purpose: To be used in response to critical incidents or CRU operations to enhance officer and community safety, improve scene containment and stabilization. The use of breaching apparatus is for the rapid, positive, and dynamic access to an objective in order to bypass obstructions such as walls, doors and windows to gain access to a desired location with legal authority. c. Authorized Use: The LRAD 100X can be used as a public address (PA) system during tactical situations or at large events where its use will benefit the community and public safety.
d. Lifespan: Approximately 10 years.
e. Fiscal Impact: No measurable fiscal impact for maintenance. f. Training: Training in its use will be conducted prior to its use by any department member.
g. Legal and Procedural Rules: It is the policy of the department to use this device only for official law enforcement purposes, and pursuant to State and Federal law.

15. 40mm Projectile Launchers, Specialty Impact Munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:
i. Defense Technology/ LMT, 40mm single -shot launcher, #1425, cost:
$1000 each, quantity: 5 9. The 40mm single launcher is a tactical single shot launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
ii. Defense Technology/ LMT, 40mm 4 -shot launcher, #1440, cost: $1000 each, quantity: 3. The 40mm 4-shot launcher is a tactical launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. iii. Defense Technology/ LMT, 7 -inch M203 40mm single -shot launcher, #LMP350/L2X1, cost: $1500 each, quantity: 2. The 40mm single launcher is a tactical launcher that will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
iv. Defense Technology #6325, 40mm eXact Impact Sponge Round. A less lethal 40mm lightweight plastic and foam projectile fired from a 40mm launcher. The 40 -gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: 300.
v. Defense Technology #6326, 40mm Direct Impact Marking Round. A less lethal 40mm lightweight plastic and foam projec tile fired from a 40mm launcher. The 40 -gram foam projectile delivers 120 ft/lbs. of energy on impact and loaded with a green marking agent. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: 5.
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b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:

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

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

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

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MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 19, 2024

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Introduction of Ordinance No. 2024-004 (ZOA PL23-0119). ..end

RECOMMENDATION
..recommendation
1) Conduct a Public Hearing; and 2) approve the introduction of Ordinance No. 2024 -004, a proposed amendment to Title 20 (Zoning) and Title 16 (Sign Code) of the Chino Municipal Code consisting of modifications and additions to Chapter 20.08 (Agricultural, Open Space, and Public Zoning Districts) and Chapter 20.24 (Glossary) , to be read by number and title only, and waive further reading of the Ordinance.
..body

FISCAL IMPACT
There are no fiscal impact s resulting from these changes to the Zoning and Sign Code s. This item is an update to assist in the implementation of the Zoning and Sign Code s and does not involve future expenditures.

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

Expenditure:

Transfer In: Transfer Out:
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CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: INTRODUCTION OF ORDINANCE NO. 2024-004 (ZOA PL23-0119).

PAGE: 2

BACKGROUND
Staff is proposing amendments to Title 20, Zoning, of the Chino Municipal Code. The proposed changes consist of modifications to Chapter 20.08 (Agricultural, Open Space, and Public Zoning Districts), and Chapter 20.24 (Glossary) to allow for Temporary Commercial Recreation facilities to be permitted in the General Agricultural (AG), and Open Space Natural (OS -2) zoning districts with the approval of a Special Conditional Use Permit (SCUP). A n amendment to Title 16, Sign Code of the Chino Municipal Code is also proposed to exempt certain signs on City owned properties or facilities from sign regulations.

A summary of all the proposed Zoning Code and Sign Code changes are outlined in detail below. In addition, the draft ordinance (Ordinance No. 2024 -004) identifying the new and/or moved text highlighted in red, and deleted text as bolded and strikethrough is attached as Exhibit “A”. This update promotes a positive City image and responsible long-range planning by evaluating land uses and updating the Zoning and Sign Codes accordingly.

The Planning Commission reviewed the proposed amendment s at the February 21, 2024, Planning Commission meeting and recommended approval of the changes to the City Council by a 7-0 vote.

ISSUES/ANALYSIS
Summary of Amendments
Temporary Commercial Recreation
An amendment to the City’s Zoning Code is being proposed to allow for more recreational opportunities in the City’s open space areas on a temporary basis, subject to approval by the City.

Many cities allow for temporary commercial recreational facilities such as venues for live entertainment, outdoor festivals, large outdoor inflatable theme parks or obstacle courses on a temporary basis, mostly during the summer months. Currently, these types of uses are not listed in Chapter 20.08 of the Zoning Code as an allowed land use, meaning the City has no current mechanism to approve this type of recreation.

One of the goals, policies and objectives identified in the City’s General Plan is to “Prov ide a wide range of recreational opportunities in Chino that will meet the changing needs of the City” (Goal PR-2). Within that Goal, Policy P1 states that “The City shall support and expand public activities and resources that enhance the City’s small -town feel such as cultural events, street fairs, parades, farmers market, outdoor concerts…” Policy P2 states that “the City shall provide recreational programs and activities that are accessible and appealing to residents of all age groups, abilities and in come levels .” To help implement the goals and policies by allowing temporary recreational opportunities in the City, Chapter 20.08 and Chapter 20.24 (Glossary) of the Zoning Code is proposed to be amended to allow for Temporary Commercial Recreation Facilities in the AG, and OS -2 zones with the approval of a SCUP, consistent with the approval process for permanent commercial recreation facilities. The AG and OS -2 zones are primarily located near the Prado Golf Course west of Euclid Avenue and north and south of Pine Avenue (see attached zoning map for AG and OS-2). It is important to note that the proposed change to allow Temporary Commercial Recreation Facilities in the AG, and OS -2 zones excludes any property within The Preserve or any other specific plan in the City. The SCUP is a discretionary approval by the Planning Commission, which would allow for the implementation of various conditions to be applied to the temporary use. The conditions could include hours of operation, parking and traffic routing plans, noise mitigation, security and policing, etc. 225
CITY COUNCIL MEETING DATE: MARCH 19, 2024
TITLE: INTRODUCTION OF ORDINANCE NO. 2024-004 (ZOA PL23-0119).

PAGE: 3

Sign Code
An amendment is also proposed to the City’s Sign Code to exempt certain signs on City owned properties or facilities from sign regulations to allow for the installation of electric vehicle (EV) charging stations that include digital displays for advertisement. The charging stations are planned to be installed at a number of City parks and facilities and the displays on the charging stations are not intended to be readable from adjacent streets or private properties.

The use of EV vehicles within the City has expanded as EV vehicles have become more popular and readily available. Currently, EV charging stations are located at some City facilities including City Hall and the Carolyn Owens Center fo r use by staff and the public. In an effort to expand the City’s EV charging infrastructure and make it more cost effective for residents and visitors, the City is aggressively looking to expand the number and locations of EV charging stations located on City properties and at City facilities. One way to make the use of charging stations more cost effective for use is to allow for advertising at EV charging stations. The intent of the displays at EV charging stations would be viewable for persons charging their vehicles and not intended to provide advertising visible from outside of the property where the EV stations are located. The City is currently working with EV charging station vendors to determine the best EV charging station infrastructure plan for the City.

PUBLIC NOTICE
A notice was published in the Chino Champion on March 9, 2024, and the City sent information out on the City’s social media platforms. The notice exceeds the legal noticing requirements and is adequate in scope for this project. No comments have been received to date.

ENVIRONMENTAL REVIEW
The Zon ing Ordinance Amendment is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3), Common Sense Exemption, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environ ment, individual development applications will be reviewed under CEQA as they are proposed, and the changes are consistent with the goals and policies of the General Plan.

Attachments: Ordinance No. 2024-004
Zoning Map for AG and OS-2

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01225.0005/940916.1
ORDINANCE NO. 2024-004

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS
OF THE SIGN CODE (TITLE 16 OF THE MUNICIPAL CODE)
AND ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF
THE CITY OF CHINO . PL23-0119 (ZONE ORDINANCE

AMENDMENT)

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

Section 1. Section 16.01.040 (Applicability) is hereby a mended as follows (a dded text in red):

A. The sign code shall be effective throughout the city's planning jurisd iction. For the purposes of this title, the planning jurisdiction shall be defined as the area within the corporate boundaries of the city.

B. Notwithstanding any other provision of this title, the sign code does not apply to signs or displays located on property owned by the city that are not capable of being read from the public right-of-way or from an adjacent private property. Such signs and displays may be approved in the sole discretion of the city manager.

Section 2. Section 20.08.020 is hereby amended, modifying the Agricultural, Open Space, and Public Zoning District Purposes, to read as follows (added text in red):

A. General Agricultural (AG ). The purpose of this district is to provide areas for general agricultural uses. Permitted uses in the AG district include livestock ranges, crop cultivation, agriculture related residences and structures, parks and recreational areas and agricultural offices. Temporary commercial recreation facilities are also permitted with the approval of a Special Conditional Use Permit, excluding any property within the City that is subject to a specific plan.

B. Open Space Recreational (OS 1). The purpose of this district is to provide areas for a variety of types of public parks. Permitted uses and structures in the OS 1 district include active playing fields, parks, and recreation facilities, urban pa rks and plazas, bicycle and walking trails, fou ntains, landscaped areas and corridors, natura l open space and wildlife areas and water recharge and detention facilities.

C. Open Space Natural (OS 2). The purpose of this di strict is to provide areas for ope n space conservation and passive recreational uses. The OS 2 district is intended to feature minimal or no development and to serve as visual buffers , natural open and wi ldlife corridors and water recharge and detentions/retention areas. The OS 2 distric t may contain hiking and biking trails an d other landscaped areas. The OS 2 district is intended to preserve agricultural, cultural and historical re sources, protect natural plant and animal habitats and provide links wit h regional habitat corridors . Temporary commercial recreation facilities ar e also permitted with the approval of a Special Conditional Use Permit, excluding any property within the City that is subject to a specific plan. 227
Ordinance No. 2024-004