Agenda packet — Chino City Council, October 15, 2024 (part 1 of 2)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit 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 public comments to CityClerk@cityofchino .org no later than 4:00 p.m. on the day of the meeting. In your email, please include the meeting date, agenda item you are commenting on, and your comment. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record for the meeting specified in email received.

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, OCTOBER 15, 2024

REGULAR MEETING
AGENDA
CLOSED SESSION – 4:45 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)

2. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6:

Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management.

Employee Organizations: Chino Police Officers Association, Chino Police Management Association, and Unrepresented Management.
1 CHINO CITY COUNCIL
OCTOBER 15, 2024 2

FLAG SALUTE

CEREMONIALS
Proclamations
Lights On Afterschool Day - Proclaim October 24, 2024, as Lights On Afterschool Day.

Presentations
Assemblymember Freddie Rodriguez - Recognition of California District 53 Assemblymember Freddie Rodriguez.

Business of the Month - Award the Business of the Month for October 2024 to Owen's Bistro.

Mayor’s Home Beautification Award - Award of the Mayor’s Home Beautification Award for October 2024.

City of Chino Finance Department Procurement Division Recognition - Achievement of Excellence in Procurement Award for 2024.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
External Agency Report for October 15, 2024. Receive and file the External Agency Report for October 15, 2024 (Covering Meetings from August 1 - August 31, 2024).

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). If more than three (3) persons seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes.

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 772597 to 772809, and Electronic Fund Transfers 520041E to 520133E, totaling $5,276,437.40

2. Minutes. Regular Meeting Minutes for October 1, 2024 (All Members Present). 2 CHINO CITY COUNCIL
OCTOBER 15, 2024 3

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. Monthly Legislative Update - October 15, 2024. Receive and file the Priority Legislative Items Report dated October 15, 2024 and the Tracked State Legislation report.

5. City of Chino City Council Code of Conduct. Approve Resolution No. 2024 -052, which updates the Chino City Council Code of Conduct to include additional norms agreed upon by the City Council at the July 31, 2024 City Council Goal Setting Workshop.

6. Adoption of Ordinance No. 2024 -009. Approve adoption of Ordinance No. 2024 -009 (Second Reading), amending Chino Municipal Code Chapter 8.80 (Health and Safety) regulating public camping and public storage of personal property.

ORDINANCE NO. 2024-009 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHINO MUNICIPAL CODE CHAPTER 8.80 REGULATING PUBLIC CAMPING AND PUBLIC STORAGE OF

PERSONAL PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET AL.

7. Adoption of Ordinance No. 2024 -010. Approve adoption of Ordinance No. 2024 -010 (Second Reading), amending Chino Municipal Code Chapter 2.36 (Planning Commission) for the addition of two members of the Chino Planning Commission from the City's Sphere of Influence.

ORDINANCE NO. 2024-010 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 2.36 (PLANNING COMMISSION) TO PROVIDE

FOR THE ADDITION OF TWO MEMBERS OF THE CHINO PLANNING COMMISSION FROM THE CITY’S SPHERE OF INFLUENCE, AND TO PROVIDE SUCH MEMBERS VOTING AND

ADVISORY POWERS AS DEFINED THEREIN

8. Vendor Cap Increase with CE Mechanical, Inc. for HVAC Replacement and Repairs at City-owned Facilities. Approve a vendor cap increase with CE Mechanical Inc., Chino, CA in the amount of $100,000 for a total not -to-exceed amount of $150,000; and authorize the City Manager to execute the necessary documents on behalf of the City.

9. Vendor Cap Increase with Conor Consulting, LLC for Leadership Education and Coaching Services. Approve a vendor cap increase with Conor Consulting, LLC in the amount $32,000 for a total not -to-exceed amount of $82,000 for Fiscal Year 2024 -25 and authorize the City Manager to execute all necessary documents on behalf of the City.

10. Vendor Cap Increase with Teri Black & Co. for Executive Recruitment Services. Approve a vendor cap increase with Teri Black & Co. in the amount of $32,400 for a total not -to-exceed amount of $64,050 for Fiscal Year 2024 -25 and authorize the City Manager to execute all necessary documents on behalf of the City.

11. Resolution Amending the City’s Classification Schedule. Adopt Resolution No. 2024 -051 approving revisions to the City’s Classification and Compensation Schedule to include revisions to the approved existing position of Building Official.

12. 2023 and 2024 State of California Office of Traffic Safety Motorcycle Safety Education and Training Program Grant. Authorize the acceptance of the 2023 and 2024 Motorcyclist Safety Education and Training Program Grants for a total amount of $20,000 and appropriate $20,000 to the General Fund grant G4252 with a corresponding increase to the grant revenue. 3 CHINO CITY COUNCIL
OCTOBER 15, 2024 4

13. 2023 and 2024 State of California Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant. Authorize the acceptance of the 2023 and 2024 STEP Grant in the amount of $220,000; appropriate $220,000 to the General Fund; and increase the general fund revenue grant budget by $220,000.

14. Subdivision Improvement Agreement Parcel Map No. 20593 located at 6699 Riverside Drive with KC Chino, LLC Approve Parcel Map No. 20593 and approve Subdivision Improvement Agreement and securities with KC Chino, LLC for public improvements for Parcel Map No. 20593.

15. Vendor Cap Increase with HR Green Pacific, Inc., for Design Engineering Services used for Curb Ramp Accessibility Improvements at Various Locations throughout the City. Approve a vendor cap increase with HR Green Pacific, Inc., for $40,000 for a total not -to-exceed amount of $90,000 and authorize the City Manager to execute the necessary documents on behalf of the City.

16. Agreement between the City of Ontario and City of Chino for Operations and Maintenance of Raised Landscape Median on Euclid Avenue. Approve an agreement between the City of Ontario and City of Chino for the operation and maintenance of raised landscape median on Euclid Avenue; and authorize the City Manager to execute all necessary documents on behalf of the City.

17. Industrial User Sewer Discharge Allocation Agreement between the City of Chino, Inland Empire Utilities Agency (IEUA), and Wing Lee Farms, Inc., to provide Wing Lee Farms, Inc., located at 13625 Yorba Avenue, with 401.754 Equivalent Dwelling Units (EDU). Approve a sewer discharge allocation agreement between the City of Chino, IEUA, and Wing Lee Farms, Inc., that will grant Wing Lee Farms, Inc. sewer capacity in an amount of 401.754 EDU.

NEW BUSINESS

18. Mayor and Council Member Salaries. Discussion of the Approval of Ordinance No. 2024-011, to be read by number and title only, and waive further reading of the Ordinance.

Staff Report By: Fred Galante, City Attorney
RECOMMENDATION: 1) Consider salary adjustments for the Mayor and City Council Members in accordance with Senate Bill 329 (Dodd); 2) approve the Introduction Ordinance No. 2024-011, amending Chapter 2.16.010 of the Chino Municipal Code (Mayor and Council Members), setting the monthly compensation for the Mayor at $3,348.53 and each of the four (4) Council Members at $2,796.26, to be read by number and title only, and waive further reading of the Ordinance.

ORDINANCE NO. 2024-011 - AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 2.16.010 OF THE CHINO MUNICIPAL CODE RELATING TO THE

COMPENSATION FOR THE COUNCIL MEMBERS AND THE MAYOR OF THE CITY OF CHINO

IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE (REPLACING ORDINANCE NO. 2008-20).
4 CHINO CITY COUNCIL
OCTOBER 15, 2024 5

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

Mayor Ulloa
Mayor Pro Tem Comstock

19. Community Support Fund - Mayor Pro Tem Comstock. Approve community support fund contribution to Chino Youth Museum, Chino National Little League, Chino Valley Soroptimist, and St. Margaret Mary School 9th Annual Car Show.

Staff Report By: Mayor Pro Tem Comstock
RECOMMENDATION: Approve a community support fund contribution of $250 to Chino Youth Museum, $500 to Chino National Little League, $250 to Chino Valley Soroptimist, and $250 to St. Margaret Mary School Car Show.

Council Member Burton

20. Community Support Fund - Council Member Burton. Approve community support fund contribution to Chino American Little League and Chino National Little League.

Staff Report By: Council Member Burton
RECOMMENDATION: Approve a community support fund contribution of $500 to Chino American Little League and $500 to Chino National Little League.

Council Member Flores

21. Community Support Fund - Council Member Flores. Approve community support fund contribution to Chino Valley Soroptimist.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve a community support fund contribution of $250 to Chino Valley Soroptimist.

Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Director's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, November 5, 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 Friday, October 11, 2024 5 CHINO CITY COUNCIL
OCTOBER 15, 2024 6
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.
6 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

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

RECREATION

SUBJECT
..titl e
Lights On Afterschool Day Proclamation – October 24, 2024. ..end
..body

7 8

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

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

SUBJECT
..titl e
Assemblymember Freddie Rodriguez
..end
..body

9 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

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

SUBJECT
..titl e
Business of the Month
..end
..body

10 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR

SUBJECT
..titl e
Mayor’s Home Beautification Award
..end
..body

11 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

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

SUBJECT
..titl e
City of Chino Finance Department Procurement Division Recognition ..end
..body

12 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

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

SUBJECT
External Agency Report for October 15, 2024.
..end

RECOMMENDATION
..titl e
Receive and file the External Agency Report for October 15 , 2024 (Cove ring Meetings from August 1 – August 31, 2024)

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built by fostering:
 Positive City Image
 Financial Stability
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

BACKGROUND
Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. While the frequency of meetings varies by agency, many meet monthly. Others meet quarterly, bi-monthly, or on an as-needed basis.

ISSUES/ANALYSIS
The attached Monthly Agency Report for October 15, 2024, summarizes recent discussions and actions during external meetings attended by City Council Members. It focuses on items that may impact or be of interest to the City of Chino, its residents, and its busines ses. The report covers meetings that occurred from August 1, 2024, to August 31, 2024.

13 C I T Y O F C H I N O

MONTHLY AGENCY REPORTS
OCTOBER 15, 2024 - Covering meetings from August 1 through August 30, 2024 Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. This report summarizes the actions and discussions of those entities as they may impact or be of interest to the City of Chino, its businesses, and its residents.

CHAFFEY COLLEGE CHINO COMMUNITY CENTER OVERSIGHT COMMITTEE Council Representative: Marc Lucio| Staff Report By: Silvia Avalos No meeting during this reporting period.

Next anticipated meeting date: September 17, 2024
Chino Valley Chamber of Commerce
Council Representative: Christopher Flores | Staff Report By: Ellyse Martinez Meeting Date: August 19, 2024
On Thursday, August 15, Council Member Flores and Ellyse Martinez attended the Grand Opening of the Heights Christian School. Council Member Flores presented the staff with a certificate of congratulations and spoke to the crowd during the ceremony. Council Member Flores also toured the school site.

Next anticipated meeting date: September 16, 2024

CHINO BASIN DESALTER AUTHORITY
Council Representative: Eunice Ulloa | Staff Report By: Dave Crosley Meeting Date: Month August 1, 2024
The Chino Basin Desalter Authority (CDA) Board of Directors met on August 1, 2024. The Board approved a professional services agreement with Visual Edge IT to upgrade cybersecurity for the Chino II Desalter. In response to the Board member's request for information, the CDA General Manager provided reports on the South Archibald and Chino Airport groundwater contamination plumes for which the CDA is assisting with remediation; neither of these plumes impacts the City of Chino wells. The Board also received an informational Quarterly Operations report indicating the CDA satisfied its water delivery obligations, and the Board received an informational report describing a recently constructed Helihydrant (10,000-gallon tank from which a firefighting helicopter may obtain water while in flight) located in the Jurupa Community Services District.

Next anticipated meeting date: October 3, 2024

CHINO BASIN WATERMASTER
Council Representative: Eunice Ulloa | Staff Report By: Dave Crosley Meeting Date: August 22, 2024
The Watermaster Board of Directors met on August 22, 2024. Aside from conducting routine business, the 14 MONTHLY AGENCY REPORTS – OCTOBER 15, 2024 (Covering Meetings from 8/1/24 – 8/30/24) PAGE 2

Board received informational reports from Watermaster staff/consultants on 1) the court-approved methodology for recalculating the Basin Safe Yield, 2) the annual data collection and evaluation report, 3) a water production rights and replenishment forecasting tool that will be made available to Basin pumpers to aid their planning efforts, and 4) analysis of the potential future recharge projects.

Next anticipated meeting date: September 26, 2024
CHINO VALLEY INDEPENDENT FIRE DISTRICT Liaison to Board of Directors Council Representative: Karen Comstock | Staff Report By: Linda Reich No meeting during this reporting period.

Next anticipated meeting date: October 9, 2024

CHINO VALLEY UNIFIED SCHOOL DISTRICT
Council Representative: Curtis Burton | Staff Report By: Vivian Castro Meeting Date: August 15, 2024
The Board unanimously approved the consent calendar, which included several Change Orders and Notices of Completion for projects at Chino schools, numerous at Chino High School.

Next anticipated meeting date: September 5, 2024
CHINO VALLEY UNIFIED SCHOOL DISTRICT – Measure G Oversight Committee Council Representative: Karen Comstock | Staff Report By: Silvia Avalos No meeting during this reporting period.

Next anticipated meeting date: September 4, 2024
CITIZEN’S COMMITTEE FOR CIM & CIW
Council Representative: Marc Lucio | Staff Report By: Ted Olden Meeting Date: August 13, 2024
CIM (California Institution for Men) - The current inmate count for CIM is 2,276, with 46 condemned inmates.

Issues discussed during the meeting include:
 Mental Health Facility Construction: Continuing on the 50-bed mental health facility, with a projected completion date of June 2025
 Roofing Repair Project: On hold due to budget deficits.  Family Visiting Center: Temporarily closed due to dilapidated conditions. Awaiting funding for necessary repairs to reopen.

Educational updates:
 Vocational Carpentry Program: Expected to start in late Fall 2024.  First Annual Reentry Fair: Scheduled for September 8.

Donation Updates:
15 MONTHLY AGENCY REPORTS – OCTOBER 15, 2024 (Covering Meetings from 8/1/24 – 8/30/24) PAGE 3

 Susan G. Komen Breast Cancer Walk: Held on June 25, raised $5,000.  Second Quarter Food Sales Fundraiser Event (June 20-22): Proceeds will be donated equally to the Make-A-Wish Foundation and Chino High School Sports Boosters ($3,440 each).

CIW (California Institution for Women) - The current inmate count at CIW is 1,262.

Upcoming events include:
 Restorative Justice Event: September 19
 Sobriety Event: September 27
 ADA Event: October 1
 Food Sale Event: October 5

Next anticipated meeting date: October 8, 2024

INLAND EMPIRE UTILITIES AGENCY REGIONAL SEWERAGE PROGRAM Council Representative: Eunice Ulloa | Staff Report by: Dave Crosley No meeting during this reporting period.

Next anticipated meeting date: October 3, 2024
LEAGUE OF CALIFORNIA CITIES – Inland Empire Division
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez Meeting Date: September 15, 2024
The IE Division meeting was held at ESRI's headquarters in Redlands. ESRI is a world-renowned geographic information system (GIS) software company best known for its ArcGIS products. ESRI staff discussed how local government leaders and staff can use spatial data to better understand issues and make more informed decisions. They presented each participant city with data about that city taken from ESRI GIS.

Assistant City Manager Jackie Melendez, Deputy City Manager Vivian Castro, PIO Matt Bramlett, and Management Assistant Ellyse Martinez attended the meeting.

Next anticipated meeting date: October 16, 2024, during the League of Cities Annual Conference Networking Luncheon
LEAGUE OF CALIFORNIA CITIES – Legislative Task Force
Council Representative: Karen Comstock | Staff Report by: Jackie Melendez No meeting during this reporting period.

No current items to report.

Next anticipated meeting date: TBD

OMNITRANS BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls No meeting during this reporting period.
16 MONTHLY AGENCY REPORTS – OCTOBER 15, 2024 (Covering Meetings from 8/1/24 – 8/30/24) PAGE 4

Next anticipated meeting date: September 5, 2024

ONTARIO INTERNATIONAL AIRPORT AUTHORITY (OIAA) INTER-AGENCY COLLABORATIVE (ROUNDTABLE)
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: TBD

SAN BERNARDINO COUNTY SOLID WASTE ADVISORY TASK FORCE
Council Representative: Karen Comstock | Staff Report by: Xochitl Huerta No meeting during this reporting period.

Next anticipated meeting date: October 16, 2024
SBCTA – San Bernardino Co. Transportation Authority Board of Directors Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls No meeting during this reporting period.

Next anticipated meeting date: September 5, 2024
SBCTA – City Selection Committee
Council Representative: Eunice Ulloa | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: TBD (meets when there is a vacancy to fill) SCAG – General Assembly
Council Representative: Marc Lucio | Staff Report by: Vivian Castro No meeting during this reporting period.

Next anticipated meeting date: Spring 2024 (meets annually) Santa Ana Watershed Advisory Council
Council Representative: Chris Flores | Staff Report by: Dave Crosley No meeting during this reporting period.

Next anticipated meeting date: TBD
Water Facilities Authority Board of Directors
Council Representative: Eunice Ulloa | Staff Report by: Dave Crosley No meeting during this reporting period.

Next anticipated meeting date: September 19, 2024
17 MONTHLY AGENCY REPORTS – OCTOBER 15, 2024 (Covering Meetings from 8/1/24 – 8/30/24) PAGE 5

West Valley Mosquito and Vector Control District (WVMVCD) Council Representative: Chris Flores | Staff Report by: Vivian Castro Meeting Date: August 27, 2024
District staff provided reports on the following:

US Army Corps Yorba-Slaughter Adobe House Basin Meeting On June 11, 2024, at the Yorba-Slaughter Adobe House in the City of Chino, representatives from several agencies met to discuss District inspections and treatments at the basin facility. In attendance were representatives from various stakeholder agencies: Jon Rishi (US Army Corps of Engineers), Mr. McMichael (Orange County Water District), Jose Canedo Jr (San Bernardino County Regional Parks), Dominic Cruz (San Bernardino County Regional Parks), Michelle Brown (West Valley MVCD), and Alfonso Melgoza (West Valley MVCD).

The group reviewed service road access for mosquito inspections and treatments around the tree line. Mr.

Rishi stated he would provide an aerial overview map of access points for SB County Parks to create access points around the basin.

Joint Coordination Meeting – Prado Region
A conference call meeting was held on July 11, 2024. Call participants were Eric Ballejos (Northwest MVCD), Anurag Joshi (Northwest MVCD), Haley Lovan (US Army Corps of Engineers, Los Angeles District), Mylene Guron (Santa Ana Basin Regional Program Manager), Michelle Brown (West Valley MVCD), and Alfonso Melgoza (West Valley MVCD).

The group reviewed the progress to date on vegetation clearance at the Yorba-Slaughter Adobe House basin.

They tentatively scheduled an onsite meeting in mid-July.

Field Reports
District staff reported the following for June:
 20 service requests in Chino, which accounted for 20% of all service calls  270 inspections in Chino, accounting for 18.7% of all inspections  1,536,880 square feet of area were treated in Chino, accounting for 45.2% of all treatments.

For July:
 42 service requests in Chino, which accounted for 23.3% of all service calls  313 inspections in Chino, accounting for 18.2% of all inspections conducted  1,106,268 square feet were treated in Chino, representing 30.5 % of the area treated in July Mosquito Surveillance: 5,422 mosquitoes were collected in June and 26,304 in July, accounting for 66 % and 69% of all mosquitoes collected in the District in June and July, respectively. The mosquitos collected in June and July 2024 were lower than in the prior two years.

In July, 37 WNV-positive samples were collected, 23 (twenty-three) from Chino and 14 (fourteen) from Ontario.
18 MONTHLY AGENCY REPORTS – OCTOBER 15, 2024 (Covering Meetings from 8/1/24 – 8/30/24) PAGE 6

Outreach Activities
No outreach activities in Chino were reported for June or July 2024.

Next anticipated meeting date: September 24, 2024
19 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

TO: LINDA REICH, CITY MANAGER
FROM: NADYNE LOWRY, ACTING DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 772597 to 772809, and Electronic Fund Transfers 520041E to 520133E, totaling $5,276,437.40. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 24-25 Operating Budget.

Revenue:

Expenditure:

Transfer In: Transfer Out:
20 CITY COUNCIL MEETING DATE: OCTOBER 15, 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 CHECK DATE FY AMOUNT

1. 772597 – 772711 9/19/24 24-25 $613,006.31

2. 772712 9/19/24 24-25 $25,564.19

3. 772713 – 772809 9/26/24 24-25 $1,709,677.85

4. 520041E – 520084E 9/20/24 24-25 $1,726,745.69

5. 520085E – 520133E 9/27/24 24-25 $1,201,443.36

TOTAL $5,276,437.40

E: Electronic Fund Transfers

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

Attachment

21 Council Meeting 10/15/24

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

Check
Number
Check Date Vendor Name Description Amount
772629 09/19/2024 DYETT & BHATIA, URBAN & REGIONAL

PLANNERS
GENERAL PLAN UPDATE $53,168.26
772682 S/B COUNTY FLOOD CONTROL DISTRICT CITY SHARED COST-STORMWATER $156,540.00 772684 SANCON TECHNOLOGIES INC SEWER RELINE $58,221.70 520043 09/20/2024 ACCELA INC SOFTWARE LICENSE $155,909.91 520052 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES $1,395,000.00 772714 09/26/2024 ACT 1 CONSTRUCTION, INC. CHINO RANCHO PARK CONSTRUCTION

SERVICES
$508,468.50
772778 MORTON SALT INC BULK SOLAR SALT PURCHASE $89,581.27 772791 SAN BERNARDINO COUNTY REGISTRAR OF
VOTER
SB COUNTY REGISTRAR OF VOTERS $88,623.00
772806 WASTE MANAGEMENT COLLECTION SERVICES $655,429.04 772808 WESTERN AUDIO VISUAL CHANNEL 3-WAV-BROADCAST STUDIO $66,690.18 520090 09/27/2024 CALGON CARBON CORPORATION CALGON TREATMENT $55,976.00 520108 MYERS & SONS HIWAY SAFETY INC STREET SAFETY SUPPLIES $108,120.77 520112 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $64,155.00 520115 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $67,950.00
520117 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE $100,826.04 520129 WATER FACILITIES AUTHORITY IMPORTED WATER $545,224.21

16 TOTAL $4,169,883.88

22 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

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

SUBJECT
..titl e
Minutes.
..end
..body

23 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, OCTOBER 1, 2024

MINUTES
CLOSED SESSION – 5:00 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The October 1, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5:03 p.m. 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.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

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

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 Deborah Williams v. City of Chino, Case No. CIVDS2019754

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 Number of Potential Cases: Two
The City Council recessed to Closed Session at 5:04 p.m. and concluded at 5:44 p.m. The City Council reconvened the meeting at 6:02 p.m.

FLAG SALUTE
Council Member Lucio led the Pledge of Allegiance.
24 CHINO CITY COUNCIL
OCTOBER 1, 2024 2

CEREMONIALS
American Cancer Society - Making Strides Against Breast Cancer. Proclaim October 5, 2024, as Making Strides Against Breast Cancer Day.

Mayor Ulloa read into the record a Proclamation designating October 5, 2024 as Making Strides Against Breast Cancer Day in Chino and presented it to Janet Howe, Making Strides Against Breast Cancer Event Lead, Julie Pizzitola, American Cancer Society, Senior Development Manager, and Ed Zapiain, Lead of Logistics at American Cancer Society.

Mayor Ulloa announced the Chino Police Department will be wearing their commemorative pink police patches to raise awareness for breast cancer. Mayor Ulloa called up Deputy Police Chief Nicholas Marotta, who announced the Police Department pink patch will be available for purchase for $10 at the Chino Department and fundraiser proceeds will benefit the Loma Linda Cancer Research Center.

Emergency Nurses Week. Proclaim October 6-12, 2024 as Emergency Nurses Week.

Mayor Ulloa read into the record a Proclamation designating October 6 -12, 2024, as Emergency Nurses Week in Chino and presented it to Marie Christine Eusoof -Alviz, Director of Emergency Services, Amed Kasum, Clinical Supervisor, Amanda Nelsen, Clinical Supervisor, Gail Aviado, CEO of Chino Valley Medical Center accepted the proclamation.

Domestic Violence Awareness Month. Proclaim October 2024 as Domestic Violence Awareness Month.

Mayor Ulloa read into the record a Proclamation designating October 2024 as Domestic Violence Awareness Month in Chino and presented it to Kari Franco, CSPR Supervisor, Pat Bell, House of Ruth Executive Director/CEO, and Rhonda Beltran, House of Ruth Chief Development Officer.

Mayor Ulloa also presented a certificate provided by Senator Susan Rubio's Office.

Community Planning Month. Proclaim October 2024 as Community Planning Month.

Mayor Ulloa read into the record a Proclamation designating October 2024 as Community Planning Month in Chino and presented it to Planning Commissioner Chair Jimmy Alexandris, Vice Chair Lissa Fraga, Commissioners Kevin Cisneroz, Steve Lewis, Vincent Lopez, and Lawrence Vieira.

REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 Deborah Williams v. City of Chino, Case No. CIVDS2019754 The City Council received an update, provided direction, and no further reportable action was taken.

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 Number of Potential Cases: Two
25 CHINO CITY COUNCIL
OCTOBER 1, 2024 3
The City Council received an update from representatives of Civica Law Group on the two cases of anticipated litigation, provided direction, and no further reportable action was taken.

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:

Healthy Chino Pumpkin Garden Festival, Saturday, October 19, 2024, from 9:00 a.m. - 12:00 p.m. at the Chino Community Garden, 5976 Riverside Dr. To register visit, www.cityofchino.org/healthychino.

Residential Community Clean-up is Saturday, October 26, 2024, from 8:00 a.m. - 1:00 p.m. at 13793 Redwood St.

Halloween Spooktacular, Thursday, October 31, 2024, from 4:00 - 9:00 p.m. at Ruben S. Ayala Park, 14225 Central Ave. For information, visit www.cityofchino.org/halloween.

PUBLIC COMMENTS
Pastor Danny Unterkofler, CrossPoint Church, provided the invocation.

Melissa Compani, Representative, San Bernardino County Fourth District Supervisor Curt Hagman, announced updates and upcoming events.

Joanne Genis, Chino Hills resident, spoke in support of Proposition 36, and Deputy Police Chief Nicholas Marotta provided information on Proposition 36.

Michael Gales, expressed concern regarding theft and overnight truck parking in his neighborhood.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 772327 to 772596, and Electronic Fund Transfers 519944E to 520040E, totaling $4,614,964.21.

2. Minutes. Regular Meeting Minutes for September 17, 2024 (All Members Present).

4. Amendments to the Conflict of Interest Code. Adopt Resolution No. 2024 -048 amending Appendix A of Chapter 2.60 of the Chino Municipal Code relating to the requirement for City officers and employees to file Statements of Economic Interests.

5. Notice of Completion - Old Schoolhouse Museum Barn & Site Improvements Project (PF201).

Accept the Old Schoolhouse Museum Barn & Site Improvements project (PF201) completed by Micon Construction, Inc., Placentia, CA.
26 CHINO CITY COUNCIL
OCTOBER 1, 2024 4

6. City of Chino Declaration of Intention to Establish Improvement Area 11 in Community Facilities District 2003 -3 and incur Bonded Indebtedness for the Improvement Area. Adopt Resolution 2024-049, declaring the intention to establish Improvement Area No. 11 and Resolution 2024-050, declaring the intention to Incur Bonded Indebtedness for the proposed Improvement Area 11 of the Community Facilities District No. 2003-3.

7. Falloncrest Development Agreement Annual Monitoring Report and Issuance of Certificate of Agreement Compliance. Accept the Annual Monitoring Report for the Falloncrest Development Agreement and Authorize the City Manager, or their Designee, to Issue a Certificate of Agreement Compliance.

8. Final Acceptance of Public Improvements Calvary Chapel Chino Hills Project 4201 Eucalyptus Avenue (M22-0001). Accept public improvements as complete for project M22 -0001; authorize release of the performance bond and initiate the warranty bond; and authorize the City Manager to execute the necessary documents on behalf of the City.

9. Final Acceptance of Public Improvements for Tract Map No. 16420 -3 for the Town Center at The Preserve Development, the Area Bounded by Pine Avenue to the North, East Preserve Loop to the East, Market Street to the South, and Main Street to the West. Accept public improvements as complete for Tract Map No. 16420 -3; authorize release of the performance bond and initiate the warranty bond; and authorize the City Manager to execute the necessary documents on behalf of the City.

10. Replacement Subdivision Improvement Agreements for Tract Map Nos. 20446 & 20446 -1 (Block 3) in The Preserve. Approve Replacement Subdivision Improvement Agreements and Securities with TH The Preserve Chino LLC for Tract Map No. 20446 and Century Communities of California, LLC for Tract Map No. 20446-1.

Motion by Council Member Burton, seconded by Council Member Lucio, to approve the Consent Calendar items 1-10 as presented. The motion carried by the following vote:

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

ABSENT: NONE.

NEW BUSINESS

11. Introduction of Ordinance No. 2024 -009 Amending Chapter 8.80 of the Chino Municipal Code to Address Changes in Law. Approve the Introduction of Ordinance No. 2024 -009 amending Chino Municipal Code Chapter 8.80 (Health and Safety) to address changes in law brought about by City of Grants Pass, Oregon v. Johnson, et al.

Staff Report By: Matthew Silver, Prosecuting Attorney
RECOMMENDATION: Approve the introduction of Ordinance No. 2024 -009 on first reading that will amend Chapter 8.80 (Health and Safety) of the City of Chino Municipal Code (CMC) to address changes in law brought about by the United States Supreme Court’s ruling in City of Grants Pass, Oregon v. Johnson, et al. , to be read by number and title only, and waive further reading of the Ordinance.

Matthew Silver, Prosecuting Attorney, Civica Law Group, provided a report on the item.

Joanne Genis, Chino Hills resident, provided a public comment in support of the item and asked about the maximum time of arrest. Mr. Silver responded 6 months of jail time and potential fines.
27 CHINO CITY COUNCIL
OCTOBER 1, 2024 5
City Attorney Galante read the title of the ordinance into the record.

ORDINANCE 2024 -009 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHINO MUNICIPAL CODE CHAPTER 8.80 REGULATING PUBLIC CAMPING AND PUBLIC STORAGE OF

PERSONAL PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET AL.

Motion by Council Member Flores, seconded by Mayor Pro Tem Comstock, to Approve the introduction of Ordinance No. 2024-009 on first reading that will amend Chapter 8.80 (Health and Safety) of the City of Chino Municipal Code (CMC) to address changes in law brought about by the United States Supreme Court's ruling in City of Grants Pass, Oregon v. Johnson, et al., 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.

12. Introduction of Ordinance No. 2024 -010 Amending Chapter 2.36 to Add City of Chino Planning Commission Sphere of Influence Members. Approve the Introduction of Ordinance No. 2024-010, to be read by number and title only, and waive further reading of the Ordinance.

Staff Report By: Fred Galante, City Attorney
RECOMMENDATION: Approve the introduction of Ordinance No. 2024 -010, amending Chapter 2.36 (Planning Commission) of the Chino Municipal Code (CMC), to provide for the addition of two members of the Chino Planning Commission from the City’s Sphere of Influence, and to provide such members voting and advisory powers as defined, to be read by number and title only, and waive further reading of the Ordinance.

City Attorney Fred Galante provided a report on the item.

Mayor Pro Tem Comstock asked Mr. Galante to explain the process to be triggered if a resident who resides in the Sphere of Influence area and serves on the Commission is annexed into the City. Mr. Galante explained they would be required to vacate the Sphere of Influence position and will be welcome to apply for an available seat on the Planning Commission as a resident of the City.

Council Member Burton clarified the voting ability powers are only designated in the Sphere of Influence area and not Citywide, and Mr. Galante concurred. Mr. Galante noted the Sphere of Influence members can participate in pre-zoned areas before they are formally annexed.

City Attorney Galante read the title of the ordinance into the record.

ORDINANCE 2024 -010 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 2.36 (PLANNING COMMISSION) TO

PROVIDE FOR THE ADDITION OF TWO MEMBERS OF THE CHINO PLANNING COMMISSION FROM THE CITY’S SPHERE OF INFLUENCE, AND TO PROVIDE SUCH MEMBERS VOTING AND ADVISORY POWERS AS DEFINED THEREIN.
28 CHINO CITY COUNCIL
OCTOBER 1, 2024 6
Motion by Mayor Pro Tem Comstock, seconded by Council Member Burton, to Approve the introduction of Ordinance No. 2024 -010, amending Chapter 2.36 (Planning Commission) of the Chino Municipal Code (CMC), to provide for the addition of two members of the Chino Planning Commission from the City's Sphere of Influence, and to provide such members voting and advisory powers as defined, 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, AND LUCIO
NOES: FLORES
ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events including the Water Facilities Board of Directors meeting; 75th Anniversary of the Chino Basin Water Conservation District Gala; Mobility 21 Conference; Healthy Chino 20th Anniversary Celebration; Chino Desalter Authority Finance Committee; Troop 3993 Eagle Scout Ceremony for Josiah Alvarado, and Closed Session.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on the following meetings and events including the State of the County; CSPR Commission meeting; City Manager meeting; City of Pomona meeting; wished her sister a happy birthday, and her parents a happy 50th wedding anniversary; thanked Janet Howe and the Making Strides Cancer Awareness organization; thanked the nurses for their service to the community; announced the Soroptimist of the Chino Valley Western Hoe Down event at the American Legion Hall on Saturday, October 5, 2024 at 6:00 p.m.; and thanked Joanne Genis for sharing her testimony; and noted she attended the Closed Session.

Council Member Burton

13. Community Support Fund - Council Member Burton. Approve community support fund contribution to St. Margaret Mary School 9th Annual Car Show.

Staff Report By: Council Member Burton
RECOMMENDATION: Approve a community support fund contribution of $250 to St. Margaret Mary School.

Motion by Council Member Flores, seconded by Council Member Lucio, to Approve a community support fund contribution of $250 to St. Margaret Mary School. The motion carried by the following vote:

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

ABSENT: NONE.

Council Member Burton reported on the following meetings and events including a meeting with 29 CHINO CITY COUNCIL
OCTOBER 1, 2024 7
a resident, State of the County, Housing Committee meeting, CVUSD Board meeting, 20 -year Healthy Chino Anniversary, City Manager meeting, City of Pomona meeting; City Manager meeting, Closed Session, thanked Joanne Genis for speaking in favor of Proposition 36 and for sharing her testimony, and announced the San Bernardino County Registrar of Voters is seeking poll workers in Chino for the upcoming November 5, 2024 General Election.

Council Member Flores

14. Community Support Fund - Council Member Flores. Approve Community Support Fund Contribution to Adrian’s World, Behavior Highway, Autism Society Inland Empire, and Food for Life Ministry.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve a community support fund contribution of $500 to Adrian’s World, $500 to Behavior Highway, $500 to Autism Society Inland Empire, and $500 to Food for Life Ministry.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Burton, to Approve a community support fund contribution of $500 to Adrian's World, $500 to Behavior Highway, $500 to Autism Society Inland Empire, and $500 to Food for Life Ministry. The motion carried by the following vote:

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

ABSENT: NONE.

Council Member Flores reported on the following meetings and events including the Housing Committee meeting; Chino Basin Water Conservation 75th Anniversary Gala; thanked Joanne Genis for sharing her testimony; thanked the Chino Valley Medical Center for the services they provide to the Community; announced the Chino Valley Fire Foundation will install a safe station tower at Ruben S. Ayala Park equipped with an automated external defibrillator and the ribbon cutting is forthcoming; and announced there is a community cleanup day October 12, 2024.

Council Member Lucio
Council Member Lucio reported on the following meetings and events including the Healthy Chino 20-Year celebration; Inland Empire Latino Economic and Policy Summit; City Manager meeting; Washington DC meetings with local legislators to discuss and seek support for the Pine Avenue connector, the Euclid Avenue Bridge, the Sphere of Influence improvements, FEMA grant opportunities, letters of support, and transitional housing; thanked Joanne Genis for her testimony; and thanked the Chino Valley Medical Center for the services they provide to the community.

City Manager's Report
City Manager Reich provided a reminder about earthquake preparedness and the upcoming Great Shakeout on October 17, 2024 at 10:17 a.m.; thanked Senator Susan Rubio who authored Senate Bill 536 for the relinquishment of the Heman G. Stark Youth Correctional Facility, thanked Assemblymember Freddie Rodriguez who co -authored the bill, and thanked the City Council for their courage and leadership through this process.

City Attorney's Report
City Attorney Galante provided a report on Senate Bill 98. 30 CHINO CITY COUNCIL
OCTOBER 1, 2024 8
Police Chief's Report
Deputy Chief Marotta announced the Coffee with a Cop event on October 2, 2024, at Flo's located at the Chino Airport; and provided an update on the Country Campout event on November 1-3, 2024 at Prado Regional Park.

Director's Report
Hye Jin Lee, Director of Public Works, provided an update on the Ramona Avenue new pavement work that will begin on October 14, 2024.

Fire Chief's Report
Fire Chief Dave Williams invited residents to the annual Fire District Open House at Fire Station 61 located at 5092 Schaefer Avenue on Saturday, October 5, 2024, from 9:00 a.m. - 12:00 p.m.; announced the State of the Fire District event will take place on October 24, 2024 at Fire Station 61 and tickets are available online at www.chinofirefoundation.com or by calling 909-315-8801; Fire Chief Williams also provided an update on fire safety and active wildfires.

ADJOURN
Mayor Ulloa adjourned the meeting at 7:35 p.m. The next meeting of the City Council will be a Study Session held on Tuesday, October 8, 2024 at 6:00 p.m. The next Regular Meeting of the City Council will be held on Tuesday, October 15, 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 15TH DAY OF OCTOBER 2024.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 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 2024-25 Operating Budget.

 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:
32 CITY COUNCIL MEETING DATE: OCTOBER 15, 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

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

34 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

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

SUBJECT
..titl e
Monthly Legislative Update - October 15, 2024.
..end
..body

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

BACKGROUND
On April 2, 2024, the City Council adopted the Citywide Legislative Policy, which details guiding principles organized around respective legislative, policy, and regulatory matters. It supplements the Citywide Strategic Plan to build an effective and flexible legislative advocacy strategy.

The Policy authorizes staff to formulate and approve official City responses for those legislative items with potentially significant impacts on the City or that create an issue of timeliness for an official response, with the qualification that the position is determined to be consistent with the City’s legislative policy.

Per the Policy, the Committee or staff is to report to the City Council on any updates, recommendations, or actions taken by the Committee or staff.

ISSUES/ANALYSIS
The attached October 15, 2024, Priority Legislative Items Report includes legislative and government relations issues of note to the City (Attachment 1).

City Position Letters are found in Attachment 2. No position letters have been sent by the City since the last report.

The Tracked State Legislation Report (Attachment 3) reflects City positions on bills active in the second year of th e 2023-24 State legislative session. City positions are based on the Citywide Legislative Policy and/or Legislative Policy Committee and City Council direction.

35 1
CITY OF CHINO – PRIORITY LEGISLATIVE ITEMS REPORT (Attachment 1) As of October 15, 2024

PRIORITY LEGISLATION
SB 536 (Rubio and Rodriguez) - Surplus state real property: Heman G. Stark Youth Correctional Facility
• Signed by Governor Newsom on September 27. Sponsored by the City of Chino. • SB 536 authorizes the Director of DGS to sell or lease property known as the California Department of Corrections and Rehabilitation Heman G. Stark Youth Correctional Facility (Stark), located in the City of Chino, to the City at fair market value upon terms and conditions the Director determines are in the best interests of the State.

AB 98 (Carrillo and Reyes) – Planning and zoning: logistics use: truck routes • Signed by Governor Newson on September 29. Oppose position. • AB 98 is a “gut and amend” bill introduced in the final week of the legislative session after months of private closed-door negotiations, which excluded city and county associations and other key stakeholders from the discussions. While the bill's intentions aim to address air quality -related concerns adjacent to warehouse operations, it includes stringent requirements that will severely impact the ability of local jurisdictions to site facilities based on unique geographic and community characteristics and stifle economic and workforce development in their communities.
•
Requires cities and counties to update their circulation elements by January 1, 2028 to manage truck traffic and establish safe travel routes for goods, avoiding residential areas and sensitive receptors. States that specific standards for truck routes and signage will be enforced, and the Attorney General can impose fines for non - compliance. The bill also mandates the South Coast Air Quality Management District to establish a process for community input on penalty fund usage and deploy mobile air monitoring systems in Riverside and San Bernardino counties starting January 1, 2026.

These systems will monitor air pollution impacts from logistics operations, with findings to be reported to the Legislature by January 1, 2033, and an interim report by January 1, 2028.

AB 2561 (McKinnor) Local public employees: vacant positions • Signed by Governor Newson on September 22. Oppose position. • This bill requires all local agencies to hold a public hearing on the status of vacancies before their governing board at least once per fiscal year. This will inherently create an expensive state mandate, adding needless pressure on the state budget at a time of significant budget challenges.

SB 450 (Atkins) – Housing development: approvals
• Signed by Governor Newson on September 19. Oppose position. 36 2
• Among other provisions imposing additional requirements on local jurisdictions, this bill requires a local agency to consider and approve or deny a proposed housing development application within 60 days from the date the local agency receives the completed application and would deem the application approved after that time. If it denies an application, the bill would require a permitting agency to provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.

SB 1037 (Wiener) Planning and zoning: housing element: enforcement • Signed by Governor Newson on September 19. Oppose position. • This bill allows the Attorney General to take legal action against a city and seek fines up to $50,000 a month for failure to adopt a compliant housing element or if the city does not follow state laws that require ministerial approval of certain housing projects.

INFORMATIONAL ITEMS
2023-24 Legislative Session – List of Tracked Bills
Attachment 2 contains a list of the bills tracked by the City during the second year of the 2023 - 24 legislative session, their current status, and the current City position as of October 15.

Position Letter(s)
Attachment 3 generally includes City position letters submitted since the prior report, but no position letters were submitted during this reporting period.

State Legislative Calendar
• Nov. 5 - General Election.
• Nov. 30 – Legislature adjourns at midnight.
• Dec. 2 – The 2025-26 Regular Session of the Legislature convenes for Organizational Session at 12 p.m.
• Dec. 23 – Jan. 1 – Winter and New Year Holidays.
• Jan. 1, 2024 – Statutes take effect.
37 Attachment 2 – Position Letters on Legislation
The City of Chino has not submitted any position letters on legislation since the most recent Report on State and Federal Legislative Issues to the City Council on the September 17, 2024 agenda. 38

Page 1 ends

Attachment 3

Tracked Legislation by Measure
Second Year of 2023-24 Session: End of Session Report

AB 98 (Carrillo, Juan, D) P lanning and zoning: logistics use: truck routes.

Current Text: 09/29/2024 - Chaptered HTML PDF
Status: 09/29/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 931, Statutes of 2024.

Summary: The proposed bill, effective January 1, 2026, seeks to introduce statewide design and build standards for new or expanded logistics developments. These standards will cover aspects such as building design, parking, truck loading bays, landscaping, entry gates, and signage, while exempting certain existing or expanding developments and those under specific local entitlement processes. A truck routing plan to and from state highways must be developed and enforced by facility operators before receiving occupancy certificates. Cities and counties are prohibited from approving logistics developments that fail to meet these standards. Additionally, any development leading to the demolition of housing units must result in a 2-to-1 replacement unless deemed substandard, with required payments to displaced tenants. By January 1, 2028, cities and counties must update their circulation elements to manage truck traffic and establish safe travel routes for goods, avoiding residential areas and sensitive receptors. Specific standards for truck routes and signage will be enforced, and the Attorney General can impose fines for non-compliance. The bill also mandates the South Coast Air Quality Management District to establish a process for community input on penalty fund usage and deploy mobile air monitoring systems in Riverside and San Bernardino counties starting January 1, 2026. These systems will monitor air pollution impacts from logistics operations, with findings to be reported to the Legislature by January 1, 2033, and an interim report by January 1, 2028. The bill would create a state-mandated local program by altering the duties of local agencies. It asserts that its provisions address statewide concerns and applies to all cities, including charter cities. No state reimbursement is required for these mandates for specified reasons. (Based on 09/29/2024 text) Position: Oppose
Priority: (2) Priority
Subject: Land Use

AB 316 (Aguiar-Curry, D) V
ehicles: autonomous vehicles.

Current Text: 09/22/2023 - Vetoed HTML PDF
Status: 03/03/2024 - Last day to consider Governor's veto pursuant to Joint Rule 58.5.

Summary: This bill requires manufacturers of autonomous vehicles which weigh 10,001 pounds (or more) to report certain collisions to the Department of Motor Vehicles. The bill would also prohibit the operation of these vehicles without a human safety operator. It also requires the Department of Motor Vehicles to submit a report to the appropriate policy and fiscal committees of the Legislature by January 1 2029 (or 5 years after commencement of testing) to evaluate the performance of autonomous vehicle technology and its impact on public safety and employment in the transportation sector. (Based on 09/12/2023 text)
Position: Support
Priority: (4) Standard
Subject: Public Safety

AB 1034 (Grayson, D) L
abor Code Private Attorneys General Act of 2004: exemption: construction industry employees.

Current Text: 09/28/2024 - Chaptered HTML PDF
Status: 09/28/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 803, Statutes of 2024.

October 15, 2024
39

Page 2 ends

Summary: The Labor Code Private Attorneys General Act of 2004 (PAGA) allows an aggrieved employee to file a civil lawsuit on behalf of themselves and other employees for violations of the Labor Code that impose civil penalties, provided certain notice and remediation steps are followed. PAGA exempts construction industry employees from its provisions until January 1, 2028, if they work under a valid collective bargaining agreement established before January 1, 2025. This agreement must specify wages, hours, and working conditions, include overtime pay, and ensure an hourly wage at least 30% above the state minimum wage. Additionally, it must address grievances and include binding arbitration to resolve Labor Code violations. The proposed bill seeks to extend this exemption period from January 1, 2025, to January 1, 2038. (Based on 09/28/2024 text)
Position: Oppose
Priority: (3) Significant
Subject: Public Safety

AB 1779 (Irwin, D
) Theft: jurisdiction.

Current Text: 08/16/2024 - Chaptered HTML PDF
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 165, Statutes of 2024

Summary: Existing law defines theft types such as petty theft, grand theft, and shoplifting, along with robbery and burglary.

It specifies jurisdiction rules for prosecuting theft by fraud, organized retail theft, and receiving stolen property. The jurisdiction includes where the theft or receipt occurred, where the merchandise was recovered, or where the defendant acted to promote or aid the theft offense. Currently, these jurisdiction rules only apply to criminal actions brought by the Attorney General. The proposed bill removes this limitation, allowing any party to bring a criminal action under these jurisdiction rules if multiple offenses by the same defendant occur in different jurisdictions. It allows for such actions in any of the relevant jurisdictions, given a consolidation hearing occurs. Prosecution must present written evidence of agreement from all district attorneys in the counties with jurisdiction over the offenses. Offenses from jurisdictions without this agreement must be returned to their original jurisdiction. (Based on 08/16/2024 text) Attachments:

Rodriguez - Oppose Inoperability Retail Theft Package 06212024.docx

Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

AB 1802 (Jones-Sawyer, D) Crimes: organized theft.

Current Text: 08/16/2024 - Chaptered HTML PDF
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 166, Statutes of 2024

Summary: Current law, effective until January 1, 2026, defines organized retail theft as a crime committed by individuals working together to steal merchandise from physical stores or online marketplaces with the intent to sell or return it for value. It can be prosecuted as a misdemeanor or felony. This includes stealing, receiving, or possessing stolen goods, or coordinating and managing theft activities. The proposed bill seeks to make these provisions permanent. Additionally, it would indefinitely extend the operation of the regional property crimes task force coordinated by the California Highway Patrol and the Department of Justice, which assists local law enforcement in areas with high property crime rates. The California Constitution mandates state reimbursement to local agencies for certain state-imposed costs, but this bill specifies that no reimbursement is needed under these circumstances. (Based on 08/16/2024 text) Attachments:

Rodriguez - Oppose Inoperability Retail Theft Package 06212024.docx

Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

AB 1820 (Schiavo, D) Housing development projects: applications: fees and exactions.

Current Text: 09/22/2024 - Chaptered HTML PDF
Status: 09/22/2024 - Chaptered by Secretary of State - Chapter 358, Statutes of 2024 40

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Summary: This legislative text outlines proposed changes to various laws regarding housing development projects in California: 1. Current law mandates that a city or county must accept a preliminary application for a housing development once the applicant provides required information. The project must adhere to the ordinances and standards in effect at the time of submission. The new bill allows the applicant to request an estimate of fees and exactions, which the city or county must provide within 30 business days. For fees imposed by other agencies, applicants must request the fee schedule directly from those agencies. 2. Existing law requires public agencies to determine whether a development project application is complete within 30 days. The bill adds that, upon final project approval, the city or county must give an itemized list and estimate of fees and exactions within 30 business days. This estimate is informational and not legally binding. 3. Current law requires local governments to post certain information about fees and exactions for housing projects on their websites. The bill clarifies that only the city, county, or special district has reporting obligations. Furthermore, when requesting total fees and exactions from a development proponent after project completion, the request must state there is no obligation to respond, and no penalties will ensue for non-response. 4. The bill declares that the proposed changes address statewide concerns, applying to all cities, including charter cities. 5. The bill imposes new duties on local governments regarding development project applications, thereby creating a state-mandated local program. However, it specifies that no state reimbursement is required for these changes. These adjustments aim to enhance transparency and efficiency in housing development fee estimates and obligations. (Based on 09/22/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 1831 (Berman, D
) Crimes: child pornography.

Current Text: 09/29/2024 - Chaptered HTML PDF
Status: 09/29/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 926, Statutes of 2024.

Summary: Existing law prohibits producing, developing, duplicating, distributing, or possessing material that depicts individuals under 18 engaged in or simulating sexual conduct. It also prohibits such activities when done for payment or shared with a minor and includes harsher penalties if done using government property. This bill aims to expand these laws to cover digitally altered or AI-generated content. By extending the definition of existing crimes, it mandates local programs.

The California Constitution requires the state to reimburse local agencies for certain state-mandated costs, but this bill stipulates no reimbursement is needed for a specific reason. The bill will only be operative if SB 1381 is enacted and effective by January 1, 2025. (Based on 09/29/2024 text) Attachments:

AB 1831 Assembly Member Berman.pdf

Position: Support
Priority: (4) Standard
Subject: Public Safety

AB 1886 (Alvarez, D) Housing Element Law: substantial compliance: Housing Accountability Act.

Current Text: 09/19/2024 - Chaptered HTML PDF
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 267, Statutes of 2024

Summary: Under the Planning and Zoning Law, cities and counties must adopt a general plan for land use development, including a housing element. This housing element must meet specific requirements, and the Department of Housing and Community Development (HCD) verifies its compliance. If HCD finds a draft or amendment non-compliant, the legislative body must either amend it for compliance or adopt it unchanged with specific justification. A new bill stipulates that a housing element is deemed compliant if it is adopted by a local agency and either HCD or a competent court finds it compliant, provided no subsequent adverse findings or court decisions override this. This clarification supports existing law without altering the meaning of "substantially complies." Additionally, the Housing Accountability Act prevents local agencies from obstructing housing projects for low to moderate-income households unless they meet specific conditions and demonstrate regional housing need compliance. A new provision states that compliance with the Housing Element Law must be established when the initial application is submitted. This too is a clarification of existing law. (Based on 09/19/2024 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing
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AB 1893 (Wicks, D) Housing Accountability Act: housing disapprovals: required local findings.

Current Text: 09/19/2024 - Chaptered HTML PDF
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 268, Statutes of 2024

Summary: The Planning and Zoning Law mandates cities or counties to adopt a general plan for land use development that includes a housing element. The Housing Element Law outlines requirements for this housing element and requires the Department of Housing and Community Development to ensure compliance. The Housing Accountability Act prevents local agencies from denying or making infeasible housing projects for low and moderate-income households unless specific written findings are made. This bill modifies conditions under which a local agency may reject or conditionally approve housing projects or emergency shelters, specifying that they can only do so if the jurisdiction's housing element is not compliant with the Housing Element Law when the application is deemed complete, and if the project does not qualify as a builder’s remedy project. It redefines "housing development project" to include expanded mixed-use developments and farmworker housing, and clarifies "disapprove the housing development project" to encompass any final administrative action or improper conduct that effectively denies the project. Revisions also include new definitions for various types of income-based housing and procedural requirements for builder's remedy projects. The bill impacts local agencies by imposing new duties for reviewing and approving these projects and includes court-enforced compliance provisions if local agencies violate these rules. It also addresses procedural changes related to streamlined approval processes and affirms that no state reimbursement to local agencies is necessary as specified. (Based on 09/19/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 1954 (Alanis, R
) Sexually violent predators.

Current Text: 09/28/2024 - Chaptered HTML PDF
Status: 09/28/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 816, Statutes of 2024.

Summary: Existing law allows for the civil commitment of individuals identified as sexually violent predators and outlines a process for these individuals to petition for conditional release. This process involves the State Department of State Hospitals and requires input from various local officials including the sheriff, chief of police, county counsel, and district attorney. These officials must assist in finding and securing housing for the committed individuals and provide contact information to the department. Typically, the committed individuals are placed in their county of residence before incarceration, but placements in other counties are permitted under special circumstances. The bill proposes adding similar responsibilities to the sheriff, chief of police, county counsel, and district attorney from potential alternative placement counties, requiring their participation in the housing process and in committee meetings, which can now be conducted via teleconference. It also mandates electronic and certified mail notifications for recommended conditional releases or community outpatient treatments. This bill increases the responsibilities of local governments, which may require state reimbursement as per the California Constitution and statutory provisions related to state-mandated local programs. (Based on 09/28/2024 text)
Priority: (5) Track/Watch
Subject: Public Safety

AB 1960 (Rivas, Robert, D
) Sentencing enhancements: property loss.

Current Text: 09/12/2024 - Chaptered HTML PDF
Status: 09/12/2024 - Chaptered by Secretary of State - Chapter 220, Statutes of 2024

Summary: As of January 1, 2018, a state law that required additional imprisonment terms for individuals who damage or destroy property during the commission or attempted commission of a felony was repealed. This new bill reintroduces sentencing enhancements for such actions until January 1, 2030. By adding these new enhancements, the bill imposes new responsibilities on local programs. The California Constitution mandates that the state reimburse local agencies and school districts for certain state-mandated costs, with established procedures for reimbursement. However, this bill specifies that no reimbursement is required. (Based on 09/12/2024 text) Priority: (4) Standard
Subject: Public Safety

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AB 1972 (Alanis, R) Regional property crimes task force.

Current Text: 08/16/2024 - Chaptered HTML PDF
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 167, Statutes of 2024

Summary: The current law allows the Governor to appoint individuals designated by railroad companies to serve as police officers. Until January 1, 2026, the California Highway Patrol (CHP), in coordination with the Department of Justice, is required to establish a regional property crimes task force to identify areas with rising property crime levels and assist local law enforcement with resources. This new bill mandates that the task force also support railroad police and explicitly includes cargo theft as a property crime to be considered. The bill is intended to take effect immediately as an urgency statute. (Based on 08/16/2024 text)
Priority: (4) Standard
Subject: Public Safety

AB 2117 (Patterson, Joe, R
) Development permit expirations: actions or proceedings.

Current Text: 09/19/2024 - Chaptered HTML PDF
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 270, Statutes of 2024

Summary: Existing law under the Planning and Zoning law mandates that any challenge to a public agency’s decision on variances, conditional use permits, or other permits must be initiated and served within 90 days of the decision. This bill seeks to extend the expiration date of such permits by excluding the time during which legal actions or proceedings concerning the permits are pending. As a result, it would extend the validity period of local development permits and project approvals, thereby creating a state-mandated local program. According to the California Constitution, the state must reimburse local agencies and school districts for certain state-mandated costs, but this bill specifies that no reimbursement is required for the costs incurred under this act. (Based on 09/19/2024 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 2243 (Wicks, D
) Housing development projects: objective standards: affordability and site criteria.

Current Text: 09/19/2024 - Chaptered HTML PDF
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 272, Statutes of 2024

Summary: The proposed bill seeks to amend existing laws related to housing development in several ways: 1. It modifies the Middle Class Housing Act of 2022 by allowing housing developments on regional mall sites to be up to 100 acres, rather than the previous limit of 20 acres. 2. It adjusts the Affordable Housing and High Road Jobs Act of 2022, changing objective standards and criteria for affordable and mixed-income housing developments, including prohibiting the demolition of historic buildings. 3. It alters the streamlined approval process for housing developments near industrial sites and freeways, and removes local governments' ability to impose density limits on converted existing buildings. 4. The bill clarifies that affordability thresholds apply only to base units in a housing project, excluding those added by a density bonus. 5. It revises definitions under the Affordable Housing and High Road Jobs Act, including what constitutes "use by right," and expands the definition of "urban uses." 6. It mandates quicker written determinations from local governments on whether developments conform to the act, and requires approvals within specified timeframes once compliance is confirmed. 7. It requires local governments to update zoning maps when exempting parcels from the act. 8. The act’s provisions as of December 31, 2024, will continue to apply to applications submitted before that date, unless the developer opts into the new provisions effective January 1, 2025. 9. The bill makes various technical and clarifying changes. 10. New requirements on local governments will constitute a state-mandated program. 11. The bill declares that its changes are statewide concerns, applying to all cities, including charter cities. 12. The bill states that no reimbursement for local agencies and school districts is required by this act. (Based on 09/19/2024 text)
Position: Oppose
Priority: (3) Significant
Subject: Planning, Land Use, Housing

AB 2561 (McKinnor, D
) Local public employees: vacant positions.
43

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Current Text: 09/22/2024 - Chaptered HTML PDF
Status: 09/22/2024 - Chaptered by Secretary of State - Chapter 409, Statutes of 2024

Summary: The Meyers-Milias-Brown Act allows local public employees to join and participate in employee organizations for labor representation. It requires public agency governing bodies to negotiate in good faith with these organizations regarding wages, hours, and employment conditions, and to consider their proposals before making decisions. The new bill mandates that public agencies report on job vacancies and recruitment efforts at least once per fiscal year in a public hearing, where employee organizations can also present. If job vacancies in a single bargaining unit reach or exceed 20% of total full-time positions, the agency must address this at the hearing upon the organization's request. This bill imposes new duties on local agencies and includes legislative findings supporting public access to meetings and records.

Additionally, the bill specifies that no state reimbursement will be provided for costs mandated by this act, although agencies and districts may seek other reimbursement remedies. (Based on 09/22/2024 text) Position: Oppose
Priority: (2) Priority
Subject: Human Resources

AB 2632 (Wilson, D
) Planning and zoning: thrift retail stores.

Current Text: 09/27/2024 - Chaptered HTML PDF
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 728, Statutes of 2024.

Summary: The existing Planning and Zoning Law mandates that each county and city legislative body adopts a long-term general plan for physical development, including unincorporated areas, and allows amendments if in the public interest. It also authorizes these bodies to adopt ordinances to regulate land use across various purposes like industry, business, and residence. The proposed bill would prevent local agencies from discriminating between thrift retail stores and nonthrift retail stores in zoning, development standards, and permitting. However, local agencies may require thrift stores to adhere to certain aesthetic or design standards. It prohibits local agencies from restricting thrift stores from accepting used or donated items for sale, recycling, or reuse. The bill imposes new local responsibilities, which would constitute a state-mandated local program. It emphasizes that the changes are of statewide concern, applying to all cities, including charter cities. The California Constitution mandates state reimbursement to local agencies for certain costs, but this bill specifies that no reimbursement is required for the changes it introduces. (Based on 09/27/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 2715 (Boerner, D
) Ralph M. Brown Act: closed sessions.

Current Text: 09/14/2024 - Chaptered HTML PDF
Status: 09/14/2024 - Chaptered by Secretary of State - Chapter 243, Statutes of 2024

Summary: The Ralph M. Brown Act requires all meetings of a local legislative body to be open to the public, allowing anyone to attend and participate. It allows closed sessions for specific issues, such as threats to essential public services.

This new bill would also permit closed sessions with additional law enforcement or security personnel and on cybersecurity threats to critical infrastructure controls or information. The bill includes legislative findings to justify these restrictions on public access, in accordance with existing constitutional provisions ensuring public access to meetings and writings of public bodies. (Based on 09/14/2024 text)
Priority: (5) Track/Watch
Subject: Legal and Records Management, Public Safety

AB 2729 (Patterson, Joe, R) Development projects: permits and other entitlements.

Current Text: 09/27/2024 - Chaptered HTML PDF
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 737, Statutes of 2024.

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Summary: The Planning and Zoning Law requires counties and cities to develop long-term general plans for physical development, including housing elements. The Permit Streamlining Act mandates timely approval or disapproval of development projects by public agencies. Current law extends the period for the use of housing entitlements issued before March 4, 2020, to December 31, 2021, by 18 months, or longer if specified by a state or local agency. The new bill proposes extending this period by another 18 months for entitlements issued before January 1, 2024, that expire before December 31, 2025, with the extension tolling during legal challenges. It imposes new duties on local officials, applies statewide (including charter cities), and requires no state reimbursement to local agencies. (Based on 09/27/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 2854 (Irwin, D
) Bradley-Burns Uniform Local Sales and Use Tax Law.

Current Text: 09/28/2024 - Chaptered HTML PDF
Status: 09/28/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 842, Statutes of 2024.

Summary: The Bradley-Burns Uniform Local Sales and Use Tax Law allows counties and cities to levy local sales and use taxes in line with the general Sales and Use Tax Law. Since January 1, 2016, it has been illegal for local agencies to engage in agreements that transfer, divert, or rebate Bradley-Burns local tax revenues to any party if such agreements reduce the amount another local agency would otherwise receive, especially if the retailer still has a physical presence in the affected area. A new bill proposes that each local agency must annually report such agreements to the California Department of Tax and Fee Administration and publish the information on their website. Failure to comply will result in monetary penalties. The bill also mandates that the state reimburse local agencies for any costs incurred due to these new requirements, following established state procedures. (Based on 09/28/2024 text) Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement

AB 2943 (Zbur, D
) Crimes: shoplifting.

Current Text: 08/16/2024 - Chaptered HTML PDF
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 168, Statutes of 2024

Summary: 1. Existing law differentiates theft into grand theft and petty theft, penalizing petty theft as a misdemeanor and grand theft as either a misdemeanor or a felony. Grand theft includes thefts over $950 from related acts. The bill extends this to acts against multiple victims or in different counties and clarifies that evidence of related acts can include those involving similar motives, nature, or occurring within 90 days. 2. Possessing unlawfully acquired property worth over $950 from shoplifting, theft, or burglary with intent to sell or act with others for resale is proposed as a crime, punishable as a misdemeanor or felony. Property value is aggregated with related possessions over two years. 3. Shoplifting, defined as theft from an open business of property not exceeding $950, is currently a misdemeanor. The bill lets officers arrest for shoplifting without a warrant based on probable cause and prevents nuisance actions against businesses for reporting retail crime unless the report is false. 4. Law mandates releasing misdemeanor arrestees unless exceptions apply, including intoxication, medical needs, or lacking identification. Currently, organized retail theft exemption lasts until January 1, 2026; this bill extends it to January 1, 2031. 5. The bill extends the authorization for diversion programs for repeat theft offenders from January 1, 2026, to January 1, 2031. 6. Courts can suspend sentences and set probation terms, usually up to one year for misdemeanors and up to three years for specific theft cases. This bill proposes a two-year probation for petty theft or shoplifting, with potential referral to rehabilitation programs, particularly for offenders under 25, focusing on restorative and positive youth development. 7. The California Constitution mandates state reimbursement for certain local costs. This bill states that if the Commission on State Mandates identifies state-mandated costs, reimbursement procedures will follow established statutory provisions. (Based on 08/16/2024 text) Attachments:

Rodriguez - Oppose Inoperability Retail Theft Package 06212024.docx

Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

AB 3161 (Bonta, D) Health facilities: patient safety and antidiscrimination.

Current Text: 09/27/2024 - Chaptered HTML PDF
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 757, Statutes of 2024. 45

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Summary: Existing law mandates that health facilities be licensed and regulated by the State Department of Public Health.

It also requires these facilities to create and maintain a patient safety plan, which includes a system for reporting patient safety events and analyzing their root causes. Violating these provisions is considered a crime. This bill introduces several new requirements: 1. The reporting system must include options for anonymous reporting. 2. Patient safety event analyses must consider sociodemographic factors to identify disparities. 3. Health facilities must address racism and discrimination, monitor related disparities, and develop interventions to address them. 4. Facilities must encourage staff to report racism and discrimination instances. Starting January 1, 2026, health facilities must submit their patient safety plans biannually to the department's licensing and certification division. Non-compliance may result in fines up to $5000, with an automatic 60- day extension available for submissions. All submitted plans will be publicly accessible online. The bill expands the crime definition by increasing health facility requirements and establishes that no state reimbursement is necessary for local agencies for specific reasons. (Based on 09/27/2024 text) Attachments:

SB 316 - Chino Support Letter 2023-04-4.pdf

Position: Support
Priority: (4) Standard
Subject: Public Safety

AB 3209 (Berman, D) Crimes: theft: retail theft restraining orders.

Current Text: 08/16/2024 - Chaptered HTML PDF
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 169, Statutes of 2024

Summary: Existing law prohibits the theft of merchandise from retail establishments and allows courts to issue protective orders against individuals convicted of certain offenses, such as stalking and elder abuse, prohibiting them from contacting their victims. This bill expands the court's authority to issue protective orders to include individuals convicted of theft, vandalism, or battery at retail establishments. The orders would bar these individuals from entering the affected retail establishment, its parking lots, and other franchise or chain locations. Additionally, prosecuting attorneys and other legal representatives can request these protective orders against individuals who have been arrested multiple times for related offenses at the same retail location. Violating such protective orders would be punishable as a misdemeanor. The bill exempts violations of these retail establishment restraining orders from the general requirement that arrested individuals for misdemeanors be released upon a signed promise to appear. Lastly, the bill specifies that no state reimbursement is required for the associated local costs, per the California Constitution. (Based on 08/16/2024 text) Attachments:

Rodriguez - Oppose Inoperability Retail Theft Package 06212024.docx

Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

SB 450 (Atkins, D) Housing development: approvals.

Current Text: 09/19/2024 - Chaptered HTML PDF
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 286, Statutes of 2024

Summary: This text describes a proposed bill that would amend existing Planning and Zoning laws and the Subdivision Map Act. The bill addresses several key changes: 1. **Planning and Zoning Law Amendments**: - A proposed housing development with no more than two residential units in a single-family zone will be considered without discretionary review if specific conditions are met, no longer requiring limits on demolishing exterior structural walls. - Local agencies are prohibited from imposing non-uniform objective standards unless more permissive than those in the underlying zone. - Agencies can no longer deny development due to environmental impact if a written finding is made. - Applications must be decided within 60 days, and automatic approval is granted afterward. Denials must include detailed comments on deficiencies and remedies. 2. **Subdivision Map Act Amendments**: - Objective standards imposed by local agencies must be related to design or improvements. - Similar to the above, agencies cannot deny development based on environmental impact findings. - Applications must be processed within 60 days, with the same automatic approval and detailed denial requirements. 3. **Additional Provisions**: - Non-substantive and conforming changes to existing laws. - States that the changes address statewide concerns, affecting all cities, including charter cities. - Increases duties for local agencies, potentially requiring state reimbursement. However, this bill specifies that no reimbursement is required for a 46

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stated reason. In summary, the bill streamlines the approval process for small housing developments by limiting local agency powers, enforcing uniform standards, and setting strict timelines. (Based on 09/19/2024 text) Attachments:

SB 450 (Atkins) - Rubio and Rodriguez - City of Chino Oppose.pdf Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 536 (Rubio, D) Surplus state real property: Heman G. Stark Youth Correctional Facility.

Current Text: 09/27/2024 - Chaptered HTML PDF
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 768, Statutes of 2024.

Summary: The existing law mandates state agencies to evaluate proprietary state lands to identify excess property and report to the Department of General Services. This bill allows the Director of General Services to sell or lease the Heman G.

Stark Youth Correctional Facility in Chino to the City of Chino at fair market value under terms favorable to the state. The sale proceeds are designated for bond payments and related costs. The director is permitted to sell the property below market value for low- or moderate-income housing, with a reporting requirement to legislative fiscal committees. From January 1, 2029, the property disposal will follow standard surplus property procedures. Sales under this bill are exempt from the California Environmental Quality Act, and net proceeds will be deposited into the Special Fund for Economic Uncertainties, thus constituting an appropriation. (Based on 09/27/2024 text) Attachments:

SB 536 Chino Support Ltr Asm GO

SB 536 Eastvale Support
SB 536 (Rubio) - Supervisor Hagman Support
SB 536 (Rubio) - Chaffey College Support
SB 536 (Rubio) - Ontario Support
SB 536 (Rubio) Fact Sheet 2024-06-14.pdf
Position: Support
Priority: (1) Sponsored
Subject: Planning, Land Use, Housing

SB 690 (Rubio, D) Domestic violence.

Current Text: 09/27/2024 - Chaptered HTML PDF
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 653, Statutes of 2024.

Summary: Current law punishes the infliction of corporal injury resulting in a traumatic condition on specified victims, including spouses or former spouses, with imprisonment of 2, 3, or 4 years in state prison, or up to one year in county jail, and/or a fine up to $6000. Prosecution for this crime must start within 5 years for acts committed on or after January 1, 2020, and for acts for which the statute of limitations had not expired by that date. The proposed bill extends the statute of limitations to 7 years for crimes committed on or after January 1, 2025, and for crimes that are still within their statute of limitations as of that date. (Based on 09/27/2024 text) Attachments:

AB 40, 55, 97, 474, 1505, 1303, 316, 257, 367, 797, 1708 and SB 31, 55, 459, 690 - Chino VARIOUS POSITIONS 2023- 04-04.pdf
Position: Support
Priority: (4) Standard
Subject: Public Safety

SB 905 (Wiener, D) Crimes: theft from a vehicle.

Current Text: 08/16/2024 - Chaptered HTML PDF
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 170, Statutes of 2024

Summary: Existing law defines burglary to include entering a locked vehicle with the intent to commit theft or a felony and penalizes it as either a misdemeanor or a felony. The proposed bill would make forcibly entering a vehicle with such intent 47

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punishable by up to one year in county jail or 16 months, 2 years, or 3 years in state prison, thereby creating a new crime and imposing a state-mandated local program. Furthermore, existing law bans taking another's property, removing vehicle parts without consent, and possessing stolen property, with such violations punishable as misdemeanors or felonies. The bill adds that unlawfully possessing stolen property worth over $950 from vehicle-related thefts or tampering, with the intent to sell or exchange, is a crime punishable as a misdemeanor or felony. It allows aggregation of the value of stolen property over the past two years for this determination. The California Constitution requires the state to reimburse local agencies and school districts for certain state-mandated costs. The bill states no reimbursement is needed for this act for a specified reason. (Based on 08/16/2024 text)
Attachments:

Rodriguez - Oppose Inoperability Retail Theft Package 06212024.docx

Position: Oppose unless amended
Priority: (2) Priority
Subject: Public Safety

SB 937 (Wiener, D) Development projects: fees and charges.

Current Text: 09/19/2024 - Chaptered HTML PDF
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 290, Statutes of 2024

Summary: The Mitigation Fee Act manages fees for development projects, like water and sewer connections and solar energy systems, and sets rules for local agencies on fee implementation. It ensures that fees tied to residential development for public improvements are not collected until final inspection or certificate of occupancy issuance. The Act exempts certain nonprofit housing units meeting specific criteria. A new bill aims to limit utility connection fees to actual connection costs. It extends the nonprofit exemption to all housing developers meeting certain conditions. Additionally, for designated residential projects, it defers fee payments for public improvements until the first occupancy certificate is issued, with some conditions allowing earlier payment. Developers can opt to secure fees through a performance bond or letter of credit; if not, cities can follow a specific collection process. The bill also allows local agencies to authorize staff to approve fee-related contracts and mandates posting a contract model online for public access. (Based on 09/19/2024 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

SB 982 (Wahab, D
) Crimes: organized theft.

Current Text: 08/16/2024 - Chaptered HTML PDF
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 171, Statutes of 2024

Summary: Existing law, effective until January 1, 2026, classifies organized retail theft as punishable by misdemeanor or felony. This includes acting with others to steal merchandise from physical or online stores to sell or return it for profit, knowingly receiving or possessing stolen goods, and organizing or managing theft plans. The bill proposes to extend this law indefinitely. Since this extension involves an existing crime, it would require a state-mandated local program. Although the California Constitution requires state reimbursement for certain local costs, this bill specifies that no reimbursement is necessary for the extension. (Based on 08/16/2024 text) Attachments:

SB 982 Senator Wahab (support) 7-29-24.pdf
Position: Support
Priority: (4) Standard
Subject: Public Safety

SB 989 (Ashby, D) Domestic violence: deaths.

Current Text: 09/27/2024 - Chaptered HTML PDF
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 654, Statutes of 2024.

Summary: The text outlines a bill proposing changes to existing laws regarding the handling and investigation of certain deaths, particularly those related to domestic violence. Key points include: 1. Existing laws generally prohibit reproducing or disseminating photographs or videos of a deceased person taken by the coroner, except under specific circumstances with written authorization from a legal heir or representative. The bill extends this authorization to family members and mandates verification of their identity. 2. The bill expands the definition of suicides the coroner must investigate to include 48

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those where the deceased has a history of domestic violence victimization. It allows the coroner to consult with a forensic pathologist in such cases. 3. Law enforcement officers must interview family members before determining the cause of death in cases involving a history of domestic violence. They can request a full autopsy if the decedent died prematurely and had such a history. Officers involved in these investigations must be trained in handling domestic violence cases. 4.

The Commission on Peace Officer Standards and Training (POST) must update guidelines to include indicators of domestic homicide and detection of staged crime scenes for law enforcement handling suspicious deaths. 5. The bill notes it may create new state-mandated local programs but specifies that some mandates will not require state reimbursement unless determined necessary by the Commission on State Mandates, which will then follow existing statutory procedures for reimbursement. (Based on 09/27/2024 text)
Attachments:

SB 989 - Senator Ashby (support) 7-29-24.pdf

Position: Support
Priority: (4) Standard
Subject: Public Safety

SB 1034 (Seyarto, R) California Public Records Act: state of emergency.

Current Text: 07/18/2024 - Chaptered HTML PDF
Status: 07/18/2024 - Chaptered by Secretary of State - Chapter 161, Statutes of 2024

Summary: The California Public Records Act mandates that state and local agencies must allow public access to their records unless specified otherwise. Existing law requires agencies to determine if requested records can be disclosed and to inform the requester within 10 days. This period can be extended by up to 14 days under certain "unusual circumstances." The new bill updates the definition of "unusual circumstances" to include delays caused by a state of emergency, affecting the agency's ability to respond due to staffing issues or facility closures. Additionally, the California Constitution requires local agencies to provide access to public meetings and writings, and any new laws that amend public records or open meetings must show how they further these constitutional requirements. This bill includes such legislative findings. (Based on 07/18/2024 text)
Position: Support
Priority: (3) Significant
Subject: Legal and Records Management

SB 1037 (Wiener, D
) Planning and zoning: housing element: enforcement.

Current Text: 09/19/2024 - Chaptered HTML PDF
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 293, Statutes of 2024

Summary: Under the Planning and Zoning Law, cities and counties must adopt a general land use plan, including a housing element. The Department of Housing and Community Development (HCD) ensures this housing element complies with the law. If a local government violates state law, HCD can notify the city and the Attorney General. Housing development applications that meet specific standards must go through a streamlined approval process. If a court rules against a city's general plan, the city must update its zoning ordinance within a set timeline. A proposed bill mandates that if the Attorney General or HCD sues a city for housing element violations, the city faces a civil penalty of $10,000 to $50,000 monthly. These penalties apply if the city's actions are arbitrary, lacking evidence, or unlawful. The penalties fund affordable housing projects and must be appropriated by the Legislature. If the city does not pay, the court can direct state and local funds to the Building Homes and Jobs Trust Fund. The bill declares these measures address statewide concerns, applying to all cities, including charter cities. (Based on 09/19/2024 text) Position: Oppose
Priority: (2) Priority
Subject: Planning, Land Use, Housing

SB 1046 (Laird, D
) Organic waste reduction: program environmental impact report: small and medium compostable material handling facilities or operations.

Current Text: 09/22/2024 - Chaptered HTML PDF
Status: 09/22/2024 - Chaptered by Secretary of State - Chapter 452, Statutes of 2024

Page 12 ends

Summary: Current law mandates the Department of Resources Recycling and Recovery, in collaboration with the State Air Resources Board, to create regulations to meet specific landfill organic waste reduction targets and to assess the progress by the waste sector and governments toward these targets. If progress is insufficient, the department can offer incentives.

The California Environmental Quality Act (CEQA) requires agencies to prepare an environmental impact report for projects that may significantly affect the environment or adopt a negative declaration if they do not. Existing regulations outline the benefits and applications of a program environmental impact report. This proposed bill would obligate the Department of Resources Recycling and Recovery to prepare and certify a comprehensive environmental impact report by January 1, 2027, to simplify the development and approval of small to medium compostable material handling facilities for processing organic waste. (Based on 09/22/2024 text)
Priority: (5) Track/Watch

SB 1123 (Caballero, D
) Planning and zoning: subdivisions: ministerial review.

Current Text: 09/19/2024 - Chaptered HTML PDF
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 294, Statutes of 2024

Summary: The Starter Home Revitalization Act of 2021 requires local agencies to approve housing development projects that meet specific criteria without discretionary review or hearings. These criteria include projects with 10 or fewer residential units, on lots zoned for multifamily use, no larger than 5 acres, and with parcels no smaller than 600 square feet.

The law also prevents local agencies from imposing standards that would physically preclude the development. A proposed bill modifies these requirements as follows: 1. It excludes accessory dwelling units and junior accessory dwelling units from counting towards the 10-unit limit. 2. It allows for projects on vacant lots zoned for single-family use up to 1.5 acres and requires newly created parcels to be no smaller than 1,200 square feet. 3. It permits local agencies to impose height limits on vacant lots zoned for single-family use. 4. It mandates projects will not result in existing dwelling units being sold separately. 5. It expands the conditions for housing units to include tenancy in common and clarifies land ownership requirements. The bill also changes the requirement for proposed developments not listed in the housing element to achieve at least 66% of the maximum allowable residential density. Additionally, it states that certain developments do not need to meet minimum frontage requirements and sets its provisions to become operative on July 1, 2025. It declares that these changes address statewide concerns and apply to all cities, including charter cities. If the bill incurs state-mandated costs, local agencies and school districts will be reimbursed according to established statutory procedures. (Based on 09/19/2024 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 1144 (Skinner, D
) Marketplaces: online marketplaces.

Current Text: 08/16/2024 - Chaptered HTML PDF
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 172, Statutes of 2024

Summary: Existing law necessitates that online marketplaces require high-volume third-party sellers to disclose specific information and suspend sales if they don't comply. It also mandates certain data retention and security practices. A high- volume third-party seller is defined by a set number of sales transactions processed by the online marketplace. An online marketplace is defined as a platform enabling sales, payments, and deliveries of consumer products with a contractual relationship with consumers. The new bill revises these definitions. It removes the requirement that transactions be processed by the marketplace and instead requires that transactions simply utilize the marketplace. It also removes the need for the platform’s features to be used by third-party sellers and the necessity of a contractual relationship with consumers. The bill also requires online marketplaces to establish policies against selling stolen goods and to provide mechanisms for reporting such activities. Marketplaces must alert law enforcement if they know or should know about the sale of stolen goods to California residents. Violations of these provisions can result in civil penalties up to $10,000 and legal fees. The bill extends the right to bring civil actions to district attorneys, city attorneys, or county counsels, beyond the Attorney General. These changes will take effect on July 1, 2025. (Based on 08/16/2024 text) Attachments:

SB 1144 - Senator Skinner (support) 7-29-24.pdf

Position: Support
Priority: (4) Standard
Subject: Public Safety

Page 13 ends

SB 1211 (Skinner, D) Land use: accessory dwelling units: ministerial approval.

Current Text: 09/19/2024 - Chaptered HTML PDF
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 296, Statutes of 2024

Summary: The existing Planning and Zoning Law allows local agencies to create ordinances for accessory dwelling units (ADUs) in residential zones and prohibits requiring the replacement of offstreet parking if a garage, carport, or covered parking structure is demolished or converted to an ADU. This bill extends that prohibition to uncovered parking spaces in similar circumstances. Current law requires ministerial approval of ADUs, meaning local agencies must approve building permits for ADUs in residential or mixed-use zones if they meet specific criteria. This bill further prohibits local agencies from imposing unauthorized development or design standards on compliant ADUs. Additionally, one variation under existing law requires local agencies to approve multiple ADUs within non-livable spaces of multifamily structures if they meet state building standards. The bill clarifies that "livable space" includes areas intended for human activities like living, sleeping, eating, cooking, or sanitation. Another variation under current law permits up to 2 detached ADUs on lots with existing or proposed multifamily dwellings, subject to certain restrictions. This bill increases the allowance to up to 8 detached ADUs on lots with existing multifamily dwellings, provided the number of ADUs does not exceed the total existing units on the lot. For proposed multifamily dwellings, the bill still allows up to 2 detached ADUs. By imposing new responsibilities on local governments regarding ADUs, this bill establishes a state-mandated local program. However, it specifies that no state reimbursement is required for these mandates. (Based on 09/19/2024 text) Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 1242 (Min, D
) Crimes: fires.

Current Text: 08/16/2024 - Chaptered HTML PDF
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 173, Statutes of 2024

Summary: Existing law criminalizes recklessly setting fires to structures, forest land, or property, punishable as a misdemeanor or felony. This bill introduces an aggravating factor for sentencing if the fire was set within a merchant's premises to facilitate organized retail theft, thereby increasing the punishment. The bill would create a state-mandated local program by increasing penalties. While the California Constitution mandates state reimbursement to local agencies for certain state-imposed costs, this bill specifies that no reimbursement is required for this act. (Based on 08/16/2024 text) Attachments:

Rodriguez - Oppose Inoperability Retail Theft Package 06212024.docx Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

SB 1381 (Wahab, D) Crimes: child pornography.

Current Text: 09/29/2024 - Chaptered HTML PDF
Status: 09/29/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 929, Statutes of 2024.

Summary: Existing law prohibits the production, development, duplication, distribution, or possession of materials depicting minors (under 18) engaging in sexual conduct. This includes activities done for consideration or shared with a minor. It also bars the employment or use of minors for creating such material and allows for the confiscation and destruction of these materials, with or without a conviction. The new bill proposes expanding these prohibitions to include materials digitally altered or generated by artificial intelligence. This expansion modifies existing crimes, creating a state-mandated local program. Under the California Constitution, the state is required to reimburse local agencies and school districts for certain state-mandated costs, with statutory procedures in place for reimbursement. However, this bill specifies that no reimbursement is necessary for the reasons outlined. This bill will only take effect if AB 1831 from the 2023–24 Regular Session is enacted by January 1, 2025. (Based on 09/29/2024 text) Priority: (4) Standard
Subject: Public Safety

Page 14 ends

SB 1414 (Grove, R) Crimes: solicitation of a minor.

Current Text: 09/26/2024 - Chaptered HTML PDF
Status: 09/26/2024 - Chaptered by Secretary of State - Chapter 617, Statutes of 2024

Summary: Under current law, individuals who solicit or engage in prostitution for compensation are guilty of a misdemeanor. If the solicited person is a minor and the solicitor knew or should have known this, the offense carries a minimum of 2 days to 1 year in jail and/or a fine up to $10,000. The proposed bill specifies that only defendants 18 or older can be charged. If the solicited minor is under 16, or under 18 and a victim of human trafficking, the offense is treated as a "wobbler," meaning it can be punished by up to 1 year in jail and a fine up to $10,000, or by imprisonment for 16 months, 2 years, or 3 years. For subsequent offenses under these conditions, it would be a felony with the same imprisonment terms.

The bill also expands mandatory sex offender registration to include those 18 or older convicted of soliciting a minor if they are at least 10 years older than the minor, requiring registration for 10 years. Additionally, this bill will align with changes proposed by other bills (SB 926, AB 1874, AB 1962) if they are enacted. Lastly, the bill states no reimbursement to local agencies or school districts is necessary under this act, citing specific reasons. (Based on 09/26/2024 text) Attachments:

SB 1414 - Senator Grove (support) 7-29-24.pdf

Position: Support
Priority: (4) Standard
Subject: Public Safety

SB 1416 (Newman, D) Sentencing enhancements: sale, exchange, or return of stolen property.

Current Text: 08/16/2024 - Chaptered HTML PDF
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 174, Statutes of 2024

Summary: Existing law categorizes theft into petty theft, grand theft, and shoplifting, and defines burglary as entering certain structures or vehicles with the intent to commit theft or a felony. This bill, effective until January 1, 2030, introduces additional sentencing enhancements for individuals who sell, exchange, or return property obtained through shoplifting, theft, or burglary from retail businesses if the property's value exceeds certain amounts. These enhancements would also apply to individuals collaborating with others to commit these crimes. The bill imposes a state-mandated local program due to the new sentencing enhancements but specifies that no reimbursement is required for local agencies or school districts under this act. (Based on 08/16/2024 text)
Attachments:

Rodriguez - Oppose Inoperability Retail Theft Package 06212024.docx

Position: Oppose unless amended
Priority: (4) Standard
Subject: Public Safety

Total Measures: 39
Total Tracking Forms: 39
52 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

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

SUBJECT
..titl e
City of Chino City Council Code of Conduct.
..end

RECOMMENDATION
Approve Resolution No. 2024 -052, which updates the Chino of Chino Code of Conduct to include additional norms agreed upon by the City Council at the July 31, 2024 City Council Goal Setting Workshop.
..body

FISCAL IMPACT
No fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Financial Stability
 Responsible Long-Range Planning
 Exemplary Leadership
 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. 53 CITY COUNCIL MEETING DATE: OCTOBER 15, 2024
TITLE: CITY OF CHINO CITY COUNCIL CODE OF CONDUCT.

PAGE: 2

BACKGROUND
On August 7, 2001, the Chino City Council adopted a Code of Conduct that remains in place through today.

The Code of Conduct outlines issues and associated processes, guidelines, and remedies that members of the Chino City Council agree to abide by in carrying out their duties as elected officials. It outlines appropriate council expectations, behavior and in teractions with each other, City staff, citizens and all other groups encountered as a result of City business so as to efficiently and effectively develop and carry out the mission, vision, goals and established policies of the City.

On July 31, 2024, t he City Council held a Goal Setting Workshop with the Executive Management Team facilitated by Jan Perkins of Raftelis. During the workshop, the facilitator introduced the topic of Council norms, noting the importance of written norms in guiding behavior and setting the tone to ensure the success of current and future City Council members in their roles as policymakers over time. The City Council discussed numerous norms, agreeing on a set of eleven Council norms listed in Attachment 1. Additionally, they r ecommended that the norms be signed by members of the City Council and reviewed annually to ensure continued commitment and consider potential amendments.

ISSUES/ANALYSIS
The norms agreed upon by the City Council on July 31, 2024 mostly fall into the existing categories of the 2001 Code of Conduct. These generally expand upon or provide additional details regarding:

1. Acting in the Public Interest

2. Conduct of Council Members

3. Respect for the Process

4. Handling of Information

5. Policy Role of Council Members

6. Positive Workplace Environment
Some of the new norms, however, do not fit within the existing seventeen categories, necessitating the creation of an additional category focused on long-term, strategic planning.

Attachment 2 details the incorporation of the additional norms and the new section into the existing Code of Conduct.

Resolution 2024-052 (Attachment 3) adopts the updated Code of Conduct, which includes the additional norms and specifies that the City Council and Cit y Commissioners are to acknowledge the Code of Conduct annually.

Attachment 1 – City Council Norms from July 31, 2024 Council Workshop Attachment 2 – Redlined Version Incorporating Norms into Code of Conduct Attachment 3 – Resolution 2024-052: City Council Code of Conduct

54 Attachment 1 – City Council Norms,
July 31, 2024 Workshop

City of Chino
City Council Norms – July 31, 2024

1) Maintain a citywide perspective, while being mindful of our districts. 2) Respect the Council/Manager form of government and the roles of each party. Refrain from attempting to direct City staff.
3) Establish a Council consensus on goals and priorities and focus on those. 4) Work together as a body, modeling teamwork and civility for our community. 5) Disagree agreeably and professionally.
6) Utilize long range plans to provide big picture context that is realistic and achievable. 7) Provide direction as a body, rather than as individuals. 8) Share information and avoid surprises.
9) Keep confidential things confidential.
10) Communicate concerns about staff to the City Manager; do not criticize staff in public. 11) Respect timelines and time constraints.
55 City of Chino
Code of Conduct for Council Members,
Commissioners, Committee Members and Board Members
Adopted October 15, 2024August 7, 2001

1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, members (Council Members, Commissioners, Committee Members and Board Members) will work for the common good of the people of Chino and not for any private or personal interest and they will assure fair and equal treatment of all persons, claims and transactions coming before the Chino City Council, Commissions, Committees and Boards.

Council Members will maintain a citywide perspective while being mindful of Council districts. Direction will be provided as a body, not as an individual. [Norms 1, 7]

2. Comply with the Law
Members shall comply with the laws of the nation, the State of California and the City of Chino in the performance of their public duties. These laws include but are not limited to:
the United States and California constitutions; the Chino Municipal Code; laws pertaining to conflicts of interest, election campaigns and open processes of government; and City ordinances, resolutions, and policies.

3. Conduct of Members
The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, use of inappropriate language or profanity, personal charges or verbal attacks upon character or motives of other members of the Council, Commissions, Committees, Boards, staff or members of the public. Members shall exhibit respect for all people and shall be sensitive to different cultures, ethnicities and backgrounds.

4. Respect for Process
Members shall perform their duties in accordance with the processes and rules of order established by the City Council, Commissions, Committees and Boards governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff.

Timelines are critical, with projects and members of the team under time constraints.

Timelines and time constraints are to be respected. [Norm 11]

5. Conduct of Public Meetings
Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings. 56 City of Chino
Code of Conduct for Council Members, Commissioners, Committee Members and Board Members

2 If disagreements arise, members are to disagree agreeably and professionally. The members are to work together as a body, modeling teamwork and civility in our community. [Norms 4, 5]

6. Conflict of Interest
In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest.

In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts, and they shall abstain from participating in deliberations and decision-making where conflicts may exist.

7. Gifts and Favors
Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office, that are not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.

8. Confidential Information
Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.

Accurate and timely information is key to knowledgeable decision-making and quality public policy. Members are to share information with others on the Council in accordance with the law and keep staff informed, through the City Manager, to avoid surprises. [Norms 8, 9]

9. Use of Public Resources
Members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.

10. Representation of Private Interests
In keeping with their role as stewards of the public interest, Council Members shall not appear on behalf of the private interests of third parties before the Council or any Commission, Committee, Board or proceeding of the City, nor shall members of 57 City of Chino
Code of Conduct for Council Members, Commissioners, Committee Members and Board Members

3 Commissions, Committees or Boards appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.

11. Advocacy
Members shall represent the official policies of the City Council, Commission, Committee or Board to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions or positions, members shall explicitly state they do not represent their body or the City of Chino, nor will they allow the inference that they do.

12. Policy Role of Members
Members shall respect and adhere to the council-manager structure of Chino city government as outlined by the City's Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, Commissions, Committees and Boards, and City staff. The roles of each party are to be respected.

Except as provided in the Chino Municipal Code, members therefore should not interfere with the administrative functions of the City or the professional duties of City staff; nor should members impair the ability of staff to implement Council decisions. Members are to refrain from attempting to direct City staff. [Norms 2, 10]

13. Long-Term Strategic Planning
A strategic plan serves as a long-term roadmap to prioritize, strategize, and budget to meet the City’s organizational goals. It is a plan of action that defines the City’s Mission, Vision, and Goals that outlines a long-term blueprint for achieving these goals. Additionally, it creates alignment across the City as well as within departments.

Council Members are to establish a Council consensus on goals and priorities and to focus on those. They are to utilize long-range plans to provide big picture context that is realistic and achievable. [Norms 3, 6]

13.14. Independence of Commissions, Committees and Boards Because of the value of the independent advice of Commissions, Committees and Boards to the public decision-making process, members of the Council shall refrain from using their position to unduly influence the deliberations or outcomes of Commission, Committee and Board proceedings.

14.15. Positive Workp Place Environment
Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City.

Members shall recognize their special role in dealings with City employees in order to not 58 City of Chino
Code of Conduct for Council Members, Commissioners, Committee Members and Board Members

4 create the perception of inappropriate direction to staff. Concerns about staff are to be communicated to the City Manager. Staff is not to be criticized in public. [Norms 2, 10]

15.16. Implementation
As an expression of the standards of conduct for members expected by the City, the Chino Code of Conduct is intended to be self-enforcing. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.

For this reason, standards of conduct shall be included in the regular orientations for candidates for City Council, applicants to Commissions, Committees and Boards, and newly elected and appointed officials. Members entering office shall sign a statement affirming they read and understood the City of Chino Code of Conduct. The Code of Conduct is to be signed annually by members of each applicable body. It is to be reviewed annually by the City Council to ensure continued commitment to the Code of Conduct and to consider potential amendments. [Council Goal Setting Workshop 7/31/24 direction.]

16.17. Compliance
The City of Chino Code of Conduct expresses standards of conduct expected for members of the Chino City Council, Commissions, Committees and Boards. Members themselves have the responsibility to assure that standards of conduct are understood and met and that the public can continue to have full confidence in the integrity of local government.

Failure to comply with this Code of Conduct may result in the City Council imposing sanctions against the alleged violator. These sanctions may include the following:
reprimand, formal censure, loss of seniority and/or loss of committee assignments. In the case of Commissioners, Committee Members or Board Members, the City Council may also remove the alleged violator from the position.

The City Council may consider sanctions against a member (Council Member, Commissioner, Committee Member or Board Member) if one or more Council Members ask that the City Council consider such action. The recommended sanction(s) must be approved by a simple majority vote of the non-accused Council Members in order for a sanction or sanctions to be imposed.

17.18. Validity of Council, Commission, Committee or Board Action A violation of this code shall not be considered a basis for challenging the validity of a City Council, Commission, Committee or Board action.
59 RESOLUTION NO. 2024-052

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

CALIFORNIA, APPROVING THE ADOPTION OF THE UPDATED CITY

OF CHINO CODE OF CONDUCT

WHEREAS, the City of Chino City Council serves as the legislative branch of City Government and Consists of a Mayor and four Council Members, all nonpartisan; and

WHEREAS, the Mayor is elected at -large and Council Members are elected in geographically defined districts, each for four-year terms; and

WHEREAS, the City Council appoint s the City Manager and City Attorney, with Department Directors appointed by the City Manager; and

WHEREAS, the City Council adopted the City of Chino Code of Conduct for Council Members, Commissioners, Committee Members, and Board Members, on August 7, 2001; and

WHEREAS, the City Council desires to update the City of Chino Code of Conduct for Council Members, Commissioners, Committee Members, and Board Members, a written set of guidelines outlining appropriate council expectations, behavior and interactions with each other, City staff, citizens and all other groups encountered as a result of City business so as to efficiently and effectively develop and carry out the mission, vision, goals and establ ished policies of the City; and

WHEREAS, the City Council desires the Code of Conduct be signed by members of each applicable body and be reviewed annually by the City Council to ensure continued commitment to the Code of Conduct and to consider potential amendments.

NOW, THEREFORE, the City Council of the City of Chino resolves as follows:

SECTION 1: That the recitals detailed above are true and correct.

SECTION 2: That the City Council adopts the City of Chino Code of Conduct attached hereto as Exhibit A.

SECTION 3: That this resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

APPROVED AND ADOPTED THIS 15th day of October 2024.

___________________________
EUNICE M. ULLOA, MAYOR
ATTEST:

_________________________________

NATALIE GONZAGA, CITY CLERK
60 Resolution 2024-052

Page 2 of 2 ends

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 foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 15th Day of October 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachment – Exhibit A

61 City of Chino
Code of Conduct for Council Members,
Commissioners, Committee Members and Board Members
Adopted October 15, 2024

Council Members will maintain a citywide perspective while being mindful of Council districts. Direction will be provided as a body, not as an individual.

2. Comply with the Law
Members shall comply with the laws of the nation, the State of California and the City of Chino in the performance of their public duties. These laws include but are not limited to the United States and California constitutions; the Chino Municipal Code; laws pertaining to conflicts of interest, election campaigns and open processes of government; and City ordinances, resolutions, and policies.

Timelines are critica l, with projects and members of the team under time constraints.

Timelines and time constraints are to be respected.

If disagreements arise, members are to disagree agreeably and professionally. The members are to work together as a body, modeling teamwork and civility in our community.

EXHIBIT A
62 City of Chino
Code of Conduct for Council Members, Commissioners, Committee Members and Board Members

2 6. Conflict of Interest
In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest.

7. Gifts and Favors
Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office, that are not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefi ts which might compromise their independence of judgment or action or give the appearance of being compromised.

Accurate and timely i nformation is key to knowledgeable decision- making and quality public policy. Members are to share information with others on the Council in accordance with the law and keep staff informed, through the City Manager, to avoid surprises.

10. Representation of Private Interests
In keeping with their role as stewards of the public interest, Council Members shall not appear on behalf of the private interests of third parties before the Council or any Commission, Committee, Board or proceeding of the City, nor shall members of Commissions, Committees or Boards appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.

3 12. Policy Role of Members
Members shall respect and adhere to the council -manager structure of Chino city government as outlined by the City's Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, Commissions, Committees and Boards, and City staff. The roles of each party are to be respected.

13. Long-Term Strategic Planning
A strategic plan serves as a long-term roadmap to prioritize, strategize, and budget to meet the City’s organizational goals. It is a plan of action that defines the City’s Mission, Vision, and Goals that outlines a long- term blueprint for achieving these goals. Additionally, it creates alignment across the City as well as within departments.

14. Independence of Commissions, Committees and Boards
Because of the value of the independent advice of Commissions, Committees and Boards to the public decision- making process, members of the Council shall refrain from using their position to unduly influence the deliberations or outcomes of Commission, Committee and Board proceedings.

15. Positive Workplace Environment
Members shall support the maintenance of a positive and constructive workplace environment for City employees and for citizens and businesses dealing with the City.

Members shall recognize their special role in dealings with City employees in order to not create the perception of inappropriate direction to staff. Concerns about staff are to be communicated to the City Manager. Staff is not to be criticized in public.

16. Implementation
As an expression of the standards of conduct for members expected by the City, the Chino Code of Conduct is intended to be self-enforcing. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.

For this reason, standards of conduct shall be included in the regular orientations for candidates for City Council, applicants to Commissions, Committees and Boards, and newly elected and appointed officials. Members entering office shall sign a statement affirming they read and understood the City of Chino Code of Conduct. The Code of 64 City of Chino
Code of Conduct for Council Members, Commissioners, Committee Members and Board Members

4 Conduct is to be signed annually by members of each applicable body. It is to be reviewed annually by the City Council to ensure continued commitment to the Code of Conduct and to consider potential amendments.

17. Compliance
The City of Chino Code of Conduct expresses standards of conduct expected for members of the Chino City Council, Commissions, Committees and Boards. Members themselves have the responsibility to assure that standards of conduct are understood and met and that the public can continue to have full confidence in the integrity of local government.

The City Council may consider sanctions against a member (Council Member, Commissioner, Committee Member or Board Member) if one or more Council Members ask that the City Council consider such action. The recommended sanction(s) must be approved by a simpl e majority vote of the non -accused Council Members in order for a sanction or sanctions to be imposed.

18. Validity of Council, Commission, Committee or Board Action A violation of this code shall not be considered a basis for challenging the validity of a City Council, Commission, Committee or Board action.
65 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Adoption of Ordinance No. 2024-009.
..end

RECOMMENDATION
Approve adoption of Ordinance No. 2024 -009 (Second Reading), amending Chino Municipal Code Chapter 8.80 (Health and Safety) regulating public camping and public storage of personal property to address changes in law brought about by City of Grants Pass, Oregon v.

Johnson, et al.
..body

FISCAL IMPACT
There is no f iscal impact. The cost to enforce the amended code and provide staff training has been included in the annual Police Department budget for Fiscal Year 2024-2025.

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
 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. 66 CITY COUNCIL MEETING DATE: OCTOBER 15, 2024
TITLE: ADOPTION OF ORDINANCE NO. 2024-009.

PAGE: 2

BACKGROUND
Ordinance No. 2024-009 was introduced on first reading by the City Council at its October 1, 2024 meeting. The Ordinance will amend Chino Municipal Code Chapter 8.80 (Health and Safety) regulating public camping and public storage of personal property to address changes in law brought about by City of Grants Pass, Oregon v. Johnson, et al. (2024) 144 S.Ct. 2202. The amendment will allow enforcement without available shelter, although the City is free to continue offering available shelter and a variety of other services it currently offers to homeless campers, which it can continue notwithstanding changes via this Ordinance.

Once adopted on second reading, the Ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
Ordinance No. 2024-009:

Second reading of Ordinance, entitled “ AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF CHINO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHINO MUNICIPAL CODE CHAPTER 8.80 REGULATING PUBLIC CAMPING AND PUBLIC

STORAGE OF PERSONAL PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET AL.” Attachment: Ordinance No. 2024-009

67 ORDINANCE NO. 2024-009

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

OF SAN BERNARDINO, CALIFORNIA, AMENDING CHINO MUNICIPAL CODE CHAPTER 8.80 REGULATING PUBLIC CAMPING AND PUBLIC STORAGE

OF PERSONAL PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT
ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET AL.

WHEREAS, the City of Chino (“City”) is authorized by California Constitution, Article XI, Section 7, to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws and that serve and protect the health, safety, and welfare of the public; and,
WHEREAS, the Chino Municipal Code (“CMC”) currently regulates camping on public and private property; and,
WHEREAS, on September 4, 2018, the United States Court of Appeals, Ninth Circuit, issued a decision in Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031 (“Martin”), which restricted the enforceability of anti-camping ordinances under certain circumstances; and, WHEREAS, in light of the Martin decision, the City thereafter adopted an ordinance adding Section 8.80.130(E) to the CMC providing that “Except as provided in section 8.80.130(F), no citation for a violation of section 8.80.030 or section 8.80.110, whether criminal or administrative, shall be issued to any person unless, at the time in question, the enforcement officer, in his or her reasonable discretion, is able to make an affirmative determination that there is a sleeping space practically available to such person in a shelter, based on the information known to the enforcement officer at the time” and providing limitations, as required by then-law, on the type of qualifying shelter; and,
WHEREAS, in line with Martin, the CMC currently bars enforcement, except in limited circumstances, of the City’s prohibitions on public camping and public storage of personal property; and,
WHEREAS, the City wishes to amend Title 8 of the CMC to conform to new law regarding sleeping and camping in public places and regarding public storage of personal property as put forth by the Supreme Court of the United States in City of Grants Pass, Oregon v. Johnson, et al. (2024) 144 S.Ct. 2202 in order to enhance compliance with the CMC, and better protect the health, safety and welfare of the community, its residents, businesses and visitors; and, WHEREAS, this Ordinance’s amendments to Title 8 benefit the public health and safety of the City’s residents as well as public safety personnel, and conform Title 8 to Grants Pass; and, WHEREAS, for the reasons enumerated above, the adoption of this ordinance is necessary for the preservation of public peace, health and safety and the preservation of greater health, welfare, and safety risks to people in Chino experiencing homelessness, the general public, and public safety personnel.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES ORDAIN AS FOLLOWS:
68 ORDINANCE NO. 2024-009

Page 2 of 4 ends

SECTION 1. The above recitals are true and correct and are each incorporated herein and adopted as findings of the City Council.

SECTION 2. Chino Municipal Code, subsection 8.80.010 is hereby amended to read in its entirety as follows:

8.80.010 – Purpose.

The purpose of this Chapter is to maintain streets, parks, and other public and private areas within the City in a clean, sanitary, and accessible condition and to adequately protect the health, safety, and welfare of the public. Nothing in this Chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property, or to criminalize or regulate homelessness or criminalize any unavoidable consequencesthe status of being homeless.

SECTION 3. Chino Municipal Code, subsection 8.80.130 is hereby amended to read in its entirety as follows:

8.80.130 – Enforcement.

A. Each person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of or failure to comply with any of the provisions of this Chapter is committed, maintained, continued, or permitted by such person, and each instance shall be deemed punishable.

B. The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law.

C. The City may enforce any violation of this Chapter by any and all means available by law, including, but not limited to, a restraining order, preliminary or permanent injunction, criminal or administrative enforcement.

D. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.

E. Except as provided in section 8.80.130(F), no citation for a violation of section 8.80.030 or section 8.80.110, whether criminal or administrative, shall be issued to any person unless, at the time in question, the enforcement officer, in his or her reasonable discretion, is able to make an affirmative determination that there is a sleeping space practically available to such person in a shelter, based on the information known to the enforcement officer at the time.

In determining whether a sleeping space in a shelter is practically available to a person, the enforcement officer shall consider the specific circumstances of the person and the specific policies and requirements of the shelter, including the following:

1. The means of transportation available to such person;

2. The distance between the homeless shelter and the location of the person;

3. The opening, closing, and check-in times of the homeless shelter;

4. Limitations on the amount of consecutive nights a person can stay at the shelter, or other similar requirements; and
69 ORDINANCE NO. 2024-009

Page 3 of 4 ends

5. Any other circumstance of the person, or any policy or requirement of the homeless shelter, known by the enforcement officer, that would make the shelter practically unavailable to the person, even if the shelter would be practically available to someone else.

A shelter shall not be considered to be practically available under this subsection if it requires a person to participate in religious activities as a condition of receiving a sleeping space.

F. Notwithstanding section 8.80.130(E), E. No person may obstruct any public or private right-of-way either with their person, or with their personal property, in a way that creates a risk to the health and safety of passersby, or significantly impedes pedestrian traffic, or interferesotherwise interfere with the use and enjoyment of public parks or, facilities., public rights of way or other public property. Upon notice by anany enforcement officer of the City, any such person shall immediately remove the obstruction. Failure to remove the obstruction shall be unlawful and shall constitute a public nuisance. Any personal property that is creating an obstruction as described in this subsection and is not removed following notice may be impounded as provided in this Chapter.

SECTION 4. Severability. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.

SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the Ordinance does not qualify as a “project” under CEQA and because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines, section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment. Here, the Ordinance will not result in any construction or development, and it will not have any effect that would physically change the environment. The Ordinance therefore does not qualify as a project subject to CEQA.

SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

APPROVED AND ADOPTED THIS 15TH DAY OF OCTOBER 2024.

________________________________

EUNICE ULLOA, MAYOR

ATTEST:

________________________________

NATALIE GONZAGA, CITY CLERK

70 ORDINANCE NO. 2024-009

Page 4 of 4 ends

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 forgoing Ordinance was duly adopted by the City Council at a meeting held on the 15th day of October 2024, by the following votes:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

________________________________

NATALIE GONZAGA, CITY CLERK
71 ORDINANCE NO. 2024-009

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

OF SAN BERNARDINO, CALIFORNIA, AMENDING CHINO MUNICIPAL CODE CHAPTER 8.80 REGULAT ING PUBLIC CAMPING AND PUBLIC STORAGE

OF PERSONAL PROPERTY TO ADDRESS CHANGES I N LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET AL.

WHEREAS, the City of Chino (“City”) is authorized by California Constitution, Article XI, Section 7, to make and enforce within its limits all local, police, sanitary , and other ordinances and regulations not in conflict with general laws and that serve and protect the health, safety, and welfare of the public; and,
WHEREAS, the Chino Municipal Code (“CMC”) currently regulates camping on public and private property; and,
WHEREAS, on September 4, 2018, the United States Court of Appeals, Ninth Circuit, issued a decision in Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031 (“Martin”), which restricted the enforceability of anti-camping ordinances under certain circumstances; and, WHEREAS, in light of the Martin decision, the City thereafter adopted an ordinance adding Section 8.80.130(E) to the CMC providing that “Except as provided in section 8.80.130(F), no citation for a violation of section 8.80.030 or section 8.80.110, whether criminal or administrative, shall be issued to any person unless, at the time in question, the enforcement officer, in his or her reasonable discretion, is able to make an affirmative determination that there is a sleeping space practically available to such person in a shelter, based on the information known to the enforcement officer at the time” and providing limitations, as required by then-law, on the type of qualifying shelter; and,
WHEREAS, in line with Martin, the CMC currently bars enforcement, except in limited circumstances, of the City’s prohibitions on public camping and public storage of personal property; and,
WHEREAS, the City wishes to amend Title 8 of the CMC to conform to new law regarding sleeping and camping in public places and regarding public storage of personal property as put forth by the Supreme Court of the United States in City of Grants Pass, Oregon v. Johnson, et al. (2024) 144 S.Ct. 2202 in order to enhance compliance with the CMC, and better protect the health, safety and welfare of the community, its residents, businesses and visitors; and, WHEREAS, this Ordinance’s amendments to Title 8 benefit the public health and safety of the City’s residents as well as public safety personnel, and conform Title 8 to Grants Pass; and, WHEREAS, for the reasons enumerated above, the adoption of this ordinance is necessary for the preservation of public peace, health and safety and the preservation of greater health, welfare, and safety risks to people in Chino experiencing homelessness, the general public, and public safety personnel.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES ORDAIN AS FOLLOWS:
72 ORDINANCE NO. 2024-009

Page 2 of 4 ends

SECTION 1. The above recitals are true and correct and are each incorporated herein and adopted as findings of the City Council.

SECTION 2. Chino Municipal Code, subsection 8.80.010 is hereby amended to read in its entirety as follows:

8.80.010 – Purpose.

The purpose of this Chapter is to maintain streets, parks, and other public and private areas within the City in a clean, sanitary, and accessible condition and to adequately protect the health, safety, and welfare of the public. Nothing in this Chapter is intended to interfer e with otherwise lawful and ordinary uses of public or private property, or to criminalize or regulate the status of being homeless.

SECTION 3. Chino Municipal Code, subsection 8.80.130 is hereby amended to read in its entirety as follows:

8.80.130 – Enforcement.

B. The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law.

D. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.

E. No person may obstruct any public or private right-of-way either with their person, or with their personal property, or otherwise interfere with the use and enjoyment of public parks, facilities, public rights of way or other public property. Upon notice by any enforcement officer of the City, any such person shall immediately remove the obstruction. Failure to remove the obstruction shall be unlawful and shall constitute a public nuisance. Any personal property that is creating an obstruction as described in this subsection and is not removed following notice may be impounded as provided in this Chapter.

Page 3 of 4 ends

SECTION 5 . CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the Ordinance does not qualify as a “project” under CEQA and because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines, section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment. Here, the Ordinance will not result in any construction or development, and it will not have any effect that would physically change the environment. The Ordinance therefore does not qualify as a project subject to CEQA.

SECTION 6. Effective Date . This Ordinance shall become effective thirty (30) days following its adoption.

APPROVED AND ADOPTED THIS 15TH DAY OF OCTOBER 2024.

________________________________

EUNICE ULLOA, MAYOR

ATTEST:

________________________________

NATALIE GONZAGA, CITY CLERK

74 ORDINANCE NO. 2024-009

Page 4 of 4 ends

State of California )
County of San Bernardino )
City of Chino )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

________________________________

NATALIE GONZAGA, CITY CLERK
75 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Adoption of Ordinance No. 2024-010.
..end

RECOMMENDATION
Approve adoption of Ordinance No. 2024 -010 (Second Reading), amending Chino Municipal Code Chapter 2.36 (Planning Commission) to provide for the addition of two members of the Chino Planning Commission from the City’s Sphere of Influence. ..body

FISCAL IMPACT
There is no fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 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. 76 CITY COUNCIL MEETING DATE: OCTOBER 15, 2024
TITLE: ADOPTION OF ORDINANCE NO. 2024-010.

PAGE: 2

BACKGROUND
Ordinance No. 2024 -010 was introduced on first reading by the City Council at its October 1, 2024 meeting. The Ordinance will amend Chino Municipal Code Chapter 2.36 (Planning Commission) to provide for the addition of two members of the Chino Planning Commission from the City’s Sphere of Influence, and to provide such members voting and advisory powers as defined therein.

Once adopted on second reading, the Ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
Ordinance No. 2024-010:

Second reading of Ordinance, entitled “ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 2.36 (PLANNING COMMISSION) TO

PROVIDE FOR THE ADDITION OF TWO MEM BERS OF THE CHINO PLANNING COMMISSION FROM THE CITY’S SPHERE OF INFLUENCE, AND TO PROVIDE SUCH MEMBERS VOTING AND ADVISORY POWERS AS DEFINED THEREIN.

Attachment: Ordinance No. 2024-010

77 ORDINANCE NO. 2024-010

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CHAPTER 2.36 (PLANNING COMMISSION) TO

PROVIDE FOR THE ADDITION OF TWO MEMBERS OF THE CHINO
PLANNING COMMISSION FROM THE CITY’S SPHERE OF INFLUENCE, AND

TO PROVIDE SUCH MEMBERS VOTING AND ADVISORY POWERS AS

DEFINED THEREIN
WHEREAS, Chapter 2.36 (Planning Commission) of Article 2 (Administration and Personnel) of the Chino Municipal Code (“CMC”) establishes the Chino Planning Commission to consider issues of planning and land use within the City and regulates the Planning Commission therein; and

WHEREAS, pursuant to Chapter 2.36, the Planning Commission has the power and duty to 1.) review and recommend the City’s General Plan for the City Council’s adoption; 2.) review and decide applications for tentative maps, special conditional use permits, site approvals, and major variances; 3.) review and recommend to the City Council, applications for general plan amendments, specific plan amendments, zone changes, zone ordinance amendments, and development agreements; and 4.) participate in the development and design review process; and

WHEREAS, a Sphere of Influence is the probable, or eventual, physical boundary and service area of a city. Pursuant to state law, a city’s Sphere of Influence is ultimately determined by a Local Agency Formation Commission (LAFCO), and land within a city’s Sphere of Influence may eventually become part of a city’s jurisdiction through annexation overseen by a LAFCO. The LAFCO of San Bernardino serves as liaison between the City of Chino and San Bernardino County in determining the Sphere of Influence of the City of Chino; and

WHEREAS, the Sphere of Influence of the City of Chino encompasses approximately 31 square miles. The current land area includes 18,938 acres with a Sphere of Influence area of approximately 1,548 acres that is divided in two large areas at the northwest end of the City. Most of the SOI land area has existing single-family residential and agricultural land uses, established over time in an informal pattern; and

WHEREAS, CMC Section 2.36.020 provides that the Planning Commission shall consist of seven members, appointed by t he mayor with the approval of the City Council, and requires that all members of the Planning Commission be residents of the City at the time of their appointment and throughout their terms of office; and

WHEREAS, pursuant to City Council direction provided at the July 5, 2023 regular City Council meeting, the Planning Commission discussed and provide d input on the Planning Commission appointment process and terms at its regularly scheduled meeting on August 16, 2023. One of the items discussed was whether a Planning Commissioner should be appointed from the City’s Sphere of Influence. At this meeting, the Planning Commission voted 4-2 in favor for the appointment of a Planning Commissioner from the City’s Sphere of Influence in an advisory capacity; and

WHEREAS, during its April 9, 2024 workshop, the City Council considered the Planning Commission’s discussion, input, and vote from the July 5, 2023 Planning Commission meeting regarding the appointment of a Planning Commissioner from the City’s Sphere of Influence in a voting or advisory capacity. At that meeting, the City Council directed staff to prepare a proposal 78 ORDINANCE NO. 2024-010

Page 2 of 5 ends

01225.0005/990558.3
for adding one or more members to the Planning Commission to represent areas within the City’s Sphere of Influence and participate in a voting capacity; and

WHEREAS, the City Council further discussed information presented by staff at the August 10, 2024 City Council workshop and provided direction to staff regarding the appointment of a Planning Commissioner from the City’s Spheres of Influence, the term of such Planning Commissioner, and the voting powers of such Planning Commissioner. The City Council then directed staff to prepare an ordinance reflecting this direction; and

WHEREAS, the City Council now desires to amend Chapter 2.36 of the Chino Municipal Code to allow for the appointment of two additional Commissioners to the Planning Commission to represent areas within the City’s Sphere of Influence.

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

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

Section 2. Section 2.36.020 of Chapter 2.36 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):

2.36.020 – Members – Appointment and term of office.

A. The planning commission shall consist of seven nine members. Each member shal l be appointed by the mayor with the approval of the city council and shall serve for a term of four years . In the event that a member is required to take a temporary leave of absence, the mayor may appoint a temporary replacement with the approval of the city council. In the event that a member resigns or dies before the end of his or her term, or for any reason is unable to complete the term, the mayor may appoint a member to fill the vacant position with the approval of the city council. Ex- officio positions may be left vacant for all or some of the term of the position in the event that no resident meeting the requirements to serve as ex-officio member, pursuant to subsection C below, applies for or is appointed to the position.

B. All Seven members of the planning commission shall be residents of the city at the time of their appointment and throughout their terms of office , and shall serve for a term of four years (full commission membership).

C. Two members of the planning commission shall be residents of the city’s Sphere of Influence area, as defined under California Government Code section 56076 and determined by the Local Agency Formation Commission of San Bernardino (LAFCO), at the time of their appointment and throughout their terms of office, and shall serve for a term of two years as ex-officio members. One ex-officio Sphere of Influence member shall be a resident of the North Sphere of Influence, and one member shall be a resident of the South Sphere 79 ORDINANCE NO. 2024-010

Page 3 of 5 ends

01225.0005/990558.3
of Influence. Should the portion of the city’s Sphere of Influence area in which the commissioner resides be annexed into the city, the commissioner shall be removed from their position as ex -officio member at such time as their residence is annexed into the city and may thereafter apply for full membership to the planning commission under subsection (B).

C.D. Notwithstanding the provisions of subsection A above, members of the commission shall continue in office until their successors are appointed by the mayor with the approval of the city council.

Section 3. Section 2.36.030 of Chapter 2.36 of the Chino Municipal Code is hereby amended as follows (additions in bold underline ; deletions in bold strikethrough):

2.36.030 – Chairperson.

The planning commission shall select a chairperson and vice chairperson from among the non-ex-officio members, and the chairperson and vice chairperson shall serve a term of two consecutive years. The commission may create and fill such other offices as it may see fit.

Section 4. Section 2.36.060 of Chapter 2.36 of the Chino Municipal Code is hereby amended as follows (additions in bold underline ; deletions in bold strikethrough):

2.36.060 – Other powers.

The planning commission shall review and recommend, and the city council shall adopt, a general plan in accordance with the terms and provisions of section 65300, et seq., of the Government Code of the state, which is referred to and made part of this chapter. The planning commission shall have the power and duty to:
(1) review and decide applications for tentative maps, special conditional use permits, site approvals, and major variances; (2) review and recommend to the city council, applications for general plan amendments, specific plan amendments, zone changes, zone ordinance amendments, and development agreements; and (3) participate in the development and design review process.

Ex-officio members of the planning commission, as defined in Section

2.36.020(C), shall only have the ability to vote on matters or items which involve land within the Sphere of Influence area in which the ex -officio member resides. Each ex-officio member will also serve as an alternate to the other ex-officio member, so that if one member is absent, unavailable, or otherwise unable to participate in a matter or item, the other member may participate in his or her place.

Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would 80 ORDINANCE NO. 2024-010

Page 4 of 5 ends

01225.0005/990558.3
have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

Section 6. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.

Section 7. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, within said City in accordance with the provisions of the Government Code.

ADOPTED THIS 15TH DAY OF OCTOBER 2024.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

81 ORDINANCE NO. 2024-010

Page 5 of 5 ends

01225.0005/990558.3

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 15th day of October 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK

82 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

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

RECREATION

SUBJECT
..titl e
Vendor Cap Increase with CE Mechanical, Inc. for HVAC Replacement and Repairs at City - owned Facilities.

..end

RECOMMENDATION
1) Approve a vendor cap increase with CE Mechanical Inc., Chino, CA in the amount of $100,000 for a total not -to-exceed amount of $150,000; and 2) authorize the City Manager to execute the necessary documents on behalf of the City.

..body

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2024-25 Building Management Fund budget.

 Fiscal Responsibility

Revenue: Click or tap here to enter text.

Expenditure: 6508310-43585
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 83 CITY COUNCIL MEETING DATE: OCTOBER 15, 2024
TITLE: VENDOR CAP INCREASE WITH CE MECHANICAL, INC. FOR HVAC REPLACEMENT AND REPAIRS AT CITY-OWNED FACILITIES.

PAGE: 2

BACKGROUND
The Fiscal Year 2024-25 Building Management Fund budget provides funding for HVAC needs in City-owned facilities. CE Mechanical, Inc. is the City’s approved contractor that pos sesses the knowledge, certifications, and expertise to complete all related services for HVAC replacement and repairs. The existing HVAC systems at the majority of our facilities have become obsolete and are in need of either replacement or repairs.

ISSUES/ANALYSIS
To date, CE Mechanical, Inc. has a vendor cap of $50,000. The requested increase of $100,000 for HVAC repairs and replacements brings the total vendor cap for CE Mechanical, Inc. to $150,000. City Council authorization is required as the combined total of purchase orders will exceed $50,000 authorized to one vendor.

84 MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES/RISK

MANAGEMENT

SUBJECT
..titl e
Vendor Cap Increase with Conor Consulting, LLC for Leadership Education and Coaching Services.
..end

RECOMMENDATION
Approve a vendor cap increase with Conor Consulting, LLC in the amount $32,000 for a total not-to-exceed amount of $82,000 for Fiscal Year 2024-25; and authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2024-25 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:
 Positive City Image
 Superior Customer Service
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue: Click or tap here to enter text.

Expenditure: 6405020-43650
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 85 CITY COUNCIL MEETING DATE: OCTOBER 15, 2024
TITLE: VENDOR CAP INCREASE WITH CONOR CONSULTING, LLC FOR LEADERSHIP EDUCATION AND COACHING SERVICES.

PAGE: 2

BACKGROUND
The City of Chino contracted with Conor Consulting, LLC (Conor) beginning in FY 2022 -23, to provide individualized professional coaching and mentoring to City employees on an as -needed basis. The City then pursued working with Conor to design a Leadership Academy (Academy) for management and supervisory employees to provide the knowledge and skills for the City’s emerging leaders. The current focus of the Leadership Academy is to provide all current management and supervisory employees the opportunity to pa rticipate in the Academy. Six Academies, with each consisting of eight weeks , three hours per session, have been offered and resulted in 96 graduates. The desire to offer this opportunity to additional employees at both the management and non-management ranks creates new upfront costs. Moving forward, upon completion of the current Academies in November 2024, the City will establish an ongoing schedule that will ensure the Academy is also provided to qualifying newly hired employees.

ISSUES/ANALYSIS
The requisition with Conor for FY 24/25 was established at $50,000 and the vendor cap was quickly met in July 2024. This is due to the initial enrollment of all management and supervisory employees in the Academy. Therefore, staff is requesting that the Ci ty Council approve a total vendor cap in the amount of $82,000. City Council authorization is required as the vendor cap exceeds $50,000.

86 MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES/RISK

MANAGEMENT

SUBJECT
..titl e
Vendor Cap Increase with Teri Black & Co. for Executive Recruitment Services. ..end

RECOMMENDATION
Approve a vendor cap increase with Teri Black & Co. in the amount of $32,400 for a total not-to- exceed vendor cap of $64,050 for F iscal Year 2024-25; and authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds exist in the Fiscal Year 2024-25 Operating Budget.

Revenue: Click or tap here to enter text.

Expenditure: 6405020-43650
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 87 CITY COUNCIL MEETING DATE: OCTOBER 15, 2024
TITLE: VENDOR CAP INCREASE WITH TERI BLACK & CO. FOR EXECUTIVE RECRUITMENT SERVICES.

PAGE: 2

BACKGROUND
The City competitively awarded Teri Black & Co. a contract for executive recruitment services in August 2024. The original scope of work was performed promptly and professionally and provided excellent candidates. Based on the exemplary level of service provided by Teri Black & Co., the City requested a proposal to recruit for a Director of Financ e. This recruitment will incur additional costs that were not factored into the original scope of work.

ISSUES/ANALYSIS
The initial contract with Teri Black & Co. was for $31,650. The proposal for recruiting a Director of Finance will be $32,400. The expertise of a professional recruitment firm is sought as the City is seeking an exceptional individual from a nationwide poo l of applicants, who may possess a CPA license, present a flawless employment history , and successfully complete a fully vetted background process. City Council is, therefore, requested to approve a vendor cap of $64,050 for Teri Black & Co. City Council authorization is required as the vendor cap exceeds $50,000.

88 MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES/RISK

MANAGEMENT

SUBJECT
..titl e
Resolution Amending the City’s Classification Schedule. ..end

RECOMMENDATION
Adopt Resolution No. 2024 -051 approving revisions to the City’s Classification and Compensation Schedule to include revisions t o the approved existing position of Building Official.
..body

FISCAL IMPACT
The estimated annual expenditure is $16,675 from the Development Services Department’s full- time salary budget. Funds exist in the Department’s budget to cover this expense for Fiscal Year 2024/25. No additional appropriation is necessary due to salary savings from a temporarily vacant position.

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

Revenue: Click or tap here to enter text.

Expenditure: 1006300-41000
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 89 CITY COUNCIL MEETING DATE: OCTOBER 15, 2024
TITLE: RESOLUTION AMENDING THE CITY’S CLASSIFICATION SCHEDULE.

PAGE: 2

BACKGROUND
California Government Code Section 20636 and California Code of Regulations Section 570.5 outline certain requirements pertaining to employee compensation and related information that must be available for public viewing. Periodically, compensation informa tion may change, and related information will need to be updated. Not only does this information satisfy legal requirements, but it also fosters greater transparency by making this information available on - demand.

ISSUES/ANALYSIS
An update to the Clas sification and Compensation Schedule is needed as the result of the position of Building Official not existing as a stand -alone classification at the time the Classification and Compensation Study Position Description Questionnaires were completed.

Because the position did not exist, it was reevaluated and changes are now recommended.

The proposed revision to the Schedule is as follows:
 Building Official salary range adjusted retroactively to the pay period which includes July 1, 2024.

o Current Salary Range: $9,526 - $12,598 monthly
o Corrected Salary Range: $10,777 - $14,253 monthly

City Council is requested to adopt Resolution No. 2024 -051 which will enact the proposed revision noted above to the City’s Classification and Compensation Schedule.

Attachment - Resolution No. 2024-051

90 RESOLUTION NO. 2024-051

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

CALIFORNIA, UPDATING AND AMENDING ITS CLASSIFICATION

AND COMPENSATION SCHEDULE IN ACCORDANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the City of Chino (“City”) contracts with the California Public Employees’ Retirement System (“CalPERS”) to provide retirement benefits for its employees; and WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and
WHEREAS, the pay schedule must identify each position by title, the individual pay rate amount or ranges for that position, and the time base upon which the amounts are based; and WHEREAS, the City Council of the City now desires to update its classification and compensation schedule to comply with CalPERS regulations by stating the current salaries and compensation rates for City positions, including any updates and/or revisions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chino does hereby resolve as follows:

1. That the classification and compensation range listed below is hereby adopted in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.

Position Base Midpoint Maximum
Building Official $10,777 $12,394 $14,253

2. The compensation range listed above shall be effective retroactively with the pay period including July 1, 2024.

APPROVED AND ADOPTED THIS 15th day of October 2024.

By:____________________________
EUNICE M. ULLOA, MAYOR

ATTEST:

_________________________________

NATALIE GONZAGA, CITY CLERK
91 RESOLUTION 2024-051

Page 2 of 2 ends

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF CHINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK
92 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

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

SUBJECT
..titl e
2023 and 2024 State of California Office of Traffic Safety Motorcycle Safety Education and Training Program Grant.
..end

RECOMMENDATION
1) Authorize the acceptance of the 2023 and 2024 Office of Traffic Safety Motorcyclist Safety Education and Training Program Grants combined for a total amount of $20,000; 2) appropriate $20,000 to the General Fund grant G42 52 with a corresponding increase to the grant rev enue; and 3) authorize the City Manager or designee to execute all necessary documents related to this grant on behalf of the City.
..body

FISCAL IMPACT
Appropriate $20,000 to the General Fund grant G42 52 with a corresponding increase to the grant reve nue. The requested appropriation is fully offset by grant revenue and no local matching funds are requested.

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
 Financial Stability
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue: Click or tap here to enter text.

Expenditure: 1004000-40010-59500-G4252
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 93 CITY COUNCIL MEETING DATE: OCTOBER 15, 2024
TITLE: 2023 AND 2024 STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY MOTORCYCLE SAFETY EDUCATION AND TRAINING PROGRAM GRANT.

PAGE: 2

BACKGROUND
The Chino Police Department has been awarded the “2023 and 2024 Motorcyclist Safety Education and Training Program” in the amount of $20,000 from the State of California - Office of Traffic Safety. The grant period is October 1, 2024, through September 30, 2025, and will cover the cost of hands -on motorcyclist safety courses, community outreach and public awareness campaigns, educational presentations, and workshops. Additionally, the grant covers the cost of training and campaign supplies.

The state funding of $20,000 will be allotted the federal tracking number CFDA 20.616 - City Grant #G4252.

ISSUES/ANALYSIS
Throughout the grant year, the Chino Police Department will be able to conduct free motorcycle safety and training courses for the public, participate in traffic safety fairs and/or community events, and send officers to advanced motorcycle training. The State of California Office of Traffic Safety will reimburse the City of Chino for overtime expenditures, travel expenses, and other direct costs up to $20,000 to conduct the operations authorized under the Motorcyclist Safety Educations and Training Program grants.

Attachment: MC25010 Grant Agreement

94 9/12/2024 3:49:41 PM Page 1 of 16
State of California Office of Traffic SafetyGRANT AGREEMENT GRANT NUMBER MC25010

1. GRANT TITLE Motorcyclist Safety Education and Training Program 2. NAME OF AGENCY 3. Grant Period Chino From: To: 10/01/2024 09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT Chino Police Department 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving motorcycles. The funded strategies may include hands-on motorcyclist safety courses, motorcyclist helmet usage training, classroom education, community outreach and public awareness campaigns, educational presentations, and workshops. These countermeasures should be conducted in communities with a high number of motorcycle related crashes. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $20,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: Schedule A Problem Statement, Goals and Objectives and Method of Procedure Schedule B Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A Certifications and Assurances Exhibit B* OTS Grant Program Manual Exhibit C Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL NAME: TITLE: EMAIL: PHONE: ADDRESS: Alex Courtney Corporal [email protected] (909) 334-3170 5450 Guardian Way Chino, CA 91710 ADDRESS: Linda Reich City Manager [email protected] (909) 334-3491 13220 Central Avenue Chino, CA 91710 {{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Ria Medina Management Analyst [email protected] (909) 334-3062 5450 Guardian Way Chino, CA 91710 ADDRESS: Barbara Rooney Director [email protected] (916) 509-3030 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 {{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date) 95 9/12/2024 3:49:41 PM Page 2 of 16
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY9. SAM INFORMATIONNAME: Carolyn Vu SAM #:REGISTERED ADDRESS: CITY: ZIP+4: RGVNGHJR3NV513220 Central Ave Chino 91710-4127 ADDRESS: 2208 Kausen Drive, Suite 300Elk Grove, CA 95758 10.PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 405f MC- 20.616 0521-0890-101 2023 12/23 BA/23 $4,306.00 405f MC-25 20.616 0521-0890-101 2024 22/24 BA/24 $15,694.00 AGREEMENT TOTAL $20,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above. $20,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 OTS DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE {{_es_signer5_signature}} {{_es_signer5_date}} $20,000.00 96 9/12/2024 3:49:41 PM Page 3 of 16
State of California Office of Traffic SafetyGRANT AGREEMENT Schedule A GRANT NUMBERMC25010 1. PROBLEM STATEMENT The City of Chino is approximately 30 square miles with over 260 miles of roadway in the city. We are in the middle of major freeway and highways used for commuting traffic. State Route (SR) 60 runs through the north end of our city and SR 71 borders on the west side of the city. SR 83/Euclid Ave. is a major street that connects Chino with Chino Hills to the south and Ontario and Upland to the north. It also provides direct access to SR 71, SR 60, I-10 and mountain communities. Just to the east of Chino is Eastvale that is bordered by I-15. Chino is a mix of residential and industrial properties with heavily used arterial streets gaining access to the above-mentioned highways. There is a residential population of 94,000 people and an estimated 7,000 people entering the city daily for work. Eastvale and the south end of Ontario, referred to as Ontario Ranch, are developing master planned communities that bring thousands of commuters through Chino on a daily basis. One such roadway, which is used as an arterial route to Euclid Ave. and SR 71, was surveyed in April 2021, when Covid-19 was limiting some commuters. This roadway saw 45,000 commuters on a single day. One of our motorcycle fatalities occurred on this roadway during the commuting hours. Chino has seen an increase in motorcycle traffic in the last two years. It is uncertain if it is because of the fuel prices, traffic congestion or for lower vehicle payments. We have found, with the crash investigations we have conducted, many of the riders we encounter are not properly trained or endorsed for motorcycle riding. Many of the crashes involve riders who recently purchased their motorcycles, or even borrowed a From 2016-2020, there were only four fatal crashes that involved a motorcyclist. That amounted to one in seven. In calendar year 2021 and 2022 the city had a total of eight fatal crashes and five of them were motorcyclists. Three of the five crashes involved a motorcyclist hitting a parked vehicle or fixed object and one additional crash where the rider panicked and laid the bike down to avoid a crash before impacting a very slow-moving vehicle. Thankfully, calendar year 2023 had a significant downturn in motorcycle fatalities with zero. There were several other motorcycle crashes where the rider suffered severe injuries, but the mechanism of injury or advanced medical care prevented fatalities. Many of these crashes were from inexperienced riders that did not use good judgement or were unable to effectively avoid an avoidable crash. One such a crash involved a rider on a motorcycle who did not apply proper braking techniques and lost control of the motorcycle. Thankfully he did not parish in the crash. Based on real world statistics in the city of Chino, it is evident that the citizens would benefit from the instruction that can be provided by trained officers. A curriculum that can offer experiences and statistics, coupled with practical riding training to improve not only the abilities of the rider, but their mindset as well. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of motorcyclists killed in traffic crashes. 4. Reduce the number of motorcyclists injured in traffic crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release. 1 2. Conduct free to the public motorcyclist safety and training courses throughout the grant year. 4 3. Update and maintain Department website and/or Social Media platforms to further promote motorcyclist safety to the public and to promote educational goals of safe motorcycle riding. 4 97 9/12/2024 3:49:41 PM Page 4 of 16

4. Send law enforcement personnel to advanced motorcycle training. 1 5. Participate in Motorcycle Safety Month in May. 1 3.METHOD OF PROCEDUREA.Phase 1 Program Preparation(1stQuarter of Grant Year) section. All training needed to implement the program should be conducted in the first quarter. All grant related purchases needed to implement the program should be made in the first quarter. Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO. B. Phase 2 Program Operations (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements The following requirements are for all grant-related activities: Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process. The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual 98 9/12/2024 3:49:41 PM Page 5 of 16
services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant-related event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website. Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments. Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary s and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 99 9/12/2024 3:49:41 PM Page 6 of 16
State of California Office of Traffic SafetyGRANT AGREEMENT Schedule B GRANT NUMBERMC25010 FUND NUMBERCATALOG NUMBER (CFDA) FUND DESCRIPTIONTOTAL AMOUNT405f MC-25 20.616 Motorcyclist Safety Grants $20,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A.PERSONNEL COSTS Straight Time $0.00 Overtime Motorcyclist Training Instruction 405f MC-25 $4,325.00 4 $17,300.00 Category Sub-Total $17,300.00 B.TRAVEL EXPENSES In State Travel 405f MC-25 $1,500.00 1 $1,500.00 $0.00 Category Sub-Total $1,500.00 C.CONTRACTUAL SERVICES $0.00 Category Sub-Total $0.00 D.EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS Motorcycle Training Supplies 405f MC-25 $1,000.00 1 $1,000.00 Printing/Duplication 405f MC-25 $200.00 1 $200.00 Category Sub-Total $1,200.00 F.INDIRECT COSTS $0.00 Category Sub-Total $0.00 GRANT TOTAL $20,000.00 100
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State of California Office of Traffic SafetyGRANT AGREEMENT Schedule B-1GRANT NUMBERMC25010 BUDGET NARRATIVE PERSONNEL COSTS Motorcyclist Training Instruction - Overtime for grant funded Motorcyclist safety education classes conducted by appropriate department personnel. TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES -EQUIPMENT -OTHER DIRECT COSTS Motorcycle Training Supplies - Costs to include cones, delineators, and barriers. Additional items may be purchased with OTS approval. Printing/Duplication - Costs include the purchase of paper, production, printing and/or duplication of materials associated with daily grant operations. INDIRECT COSTS -STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. 101
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State of California Office of Traffic SafetyGRANT AGREEMENT Exhibit A GRANT NUMBERMC25010 Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations, including but not limited to: 23 U.S.C. Chapter 4Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 1201Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of TransportationEffectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition rograms or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP)); Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). GENERAL ASSURANCES 102
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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.SPECIFIC ASSURANCESMore specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:1. 49 CFR part 21will be (with regard to anfacilitated,in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.2.The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin3.The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.4.The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in anydeed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.5.That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurancewill extend to the entire facility and facilities operated in connection therewith.6.That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or aninterest in real property, the Assurance will extend to rights to space on, over, or under such property.7.That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:a.for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; andb.for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.8.That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:a.the period during which the property is used for a purpose for which the Federal financial assistance is extended,or for another purpose involving the provision of similar services or benefits; orb.the period during which the Recipient retains ownership or possession of the property.9.The Recipient will provide for such methods of administration for the program as are found by the Secretary ofTransportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.10.The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review 103
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upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug-free workplace by: a.Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b.Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c.Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d.Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e.Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f.Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, with its instructions; 3.The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 104
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This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1.By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2.The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3.The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4.The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5.The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6.The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7.The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled ent, Suspension, Ineligibility and Voluntary ExclusionLower Tier Covered provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERSPRIMARY TIER COVERED TRANSACTIONS 105
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1.The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: a.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excludedfrom participating in covered transactions by any Federal department or agency;b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2.Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION 1.By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4.The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5.The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6.The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled Ineligibility and Voluntary ExclusionLower Tier Covered tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/). 8.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9.Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSIONLOWER TIER COVERED TRANSACTIONS 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 106
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2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1.The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2.The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1.The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2.NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3.Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. 107
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POLICY ON SEAT BELT USEIn accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 108
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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS 1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims. 3. Complete the form if adding, removing or editing a GEMS user(s). 4. The Grant Director must sign this form and return it with the Grant Agreement. CURRENT GEMS USER(S) 1. Chris Corbin Title: Professional Services Manager Media Contact: No Phone: (909) 334-3120 Email: [email protected] 2. Alex Courtney Title: Corporal Media Contact: No Phone: (909) 334-3170 Email: [email protected] 3. Ria Medina Title: Management Analyst Media Contact: No Phone: (909) 334-3062 Email: [email protected] 4. Scott Trosper Title: Sergeant Media Contact: No Phone: 909 334-3153 Email: [email protected] State of California Office of Traffic SafetyOTS-55 Grant Electronic Management System (GEMS) AccessExhibit C GRANT NUMBERMC25010 GRANT DETAILS Grant Number: MC25010 Agency Name: Chino Police Department Grant Title: Motorcyclist Safety Education and Training Program Agreement Total: $20,000.00 Authorizing Official: Linda Reich Fiscal Official: Ria Medina Grant Director: Alex Courtney 109
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Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}} Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} Name Job Title {{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number GEMS User 2 Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}} Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} Name Job Title {{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number GEMS User 3 Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}} Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} Name Job Title {{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number GEMS User 4 Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}} Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }} Name Job Title {{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number GEMS User 5 Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}} Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} Name Job Title {{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }} Email address Phone number Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}} As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name {{Dte2_es_:signer2:date}} Grant Director Date Title 110

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

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

SUBJECT
..titl e
2023 and 2024 State of California Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant.
..end

RECOMMENDATION
1) Authorize the acceptance of the 2023 and 2024 Office of Traffic Safety STEP Grant in the amount of $220,000; 2) appropriate $220,000 to the General Fund; 3) increase the general fund revenue grant budget by $220,000; and 4) authorize the City Manager or designee to exec ute all necessary documents related to this grant on behalf of the City. ..body

FISCAL IMPACT
Appropriate $220,000 to the General Fund with a corresponding increase to the grant revenue.

The requested appropriation is fully offset by grant revenue and no local matching funds are requested. The two grant numbers are G42 53 in the amount of $140,000 and G42 54 in the amount of $80,000, totaling $220,000. These grants are funded with federal funds and passed through the State of California, therefore will b e placed on the Schedule of Expenditures of Federal Awards (SEFA).

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Financial Stability
 Public Service Excellence through Internal and External Partnerships

Revenue: Click or tap here to enter text.

Expenditure: 1004000-40010-40010-59500-G4253
$140,000
1004000-40010-59500-G4254
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 111
CITY COUNCIL MEETING DATE: OCTOBER 15, 2024
TITLE: 2023 AND 2024 STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT.

PAGE: 2

BACKGROUND
The Chino Police Department has been awarded the "2023 and 2024 Selective Traffic Enforcement Program (STEP) Grant" in the amount of $ 220,000 from the State of California - Office of Traffic Safety. The grant period is October 1, 2024, through September 30, 2025, and will cover the c ost of conducting DUI checkpoints, DUI saturation patrols, traffic enforcement, distracted driving, motorcycle safety, night -time Click -It-Or-Ticket operations, along with pedestrian and bicycle enforcement. Additionally, the grant allows for travel expens es for training, other direct costs related to DUI checkpoint supplies, and LIDAR devices.

The federal funds allocated through the state in the amount of $220,000 will be allotted from two different state tracking numbers and the CFDA numbers are as follo ws: CFDA 20.608 $140,000-City grant #G4253 and CFDA 20.600 $80,000-City grant #G4254.

ISSUES/ANALYSIS
The Chino Police Department will be able to conduct a total of six sobriety checkpoints, 23 traffic enforcement operations, and 33 DUI saturation patrols with the grant funding made available. The State of California Office of Traffic Safety will reimburse the City of Chino for overtime expenditures, travel expenses and other direct costs up to $ 220,000 to conduct the operations authorized under the STEP Grant.

Attachment: PT25150 Grant Agreement

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT25150

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Chino From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Chino Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $220,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Alex Courtney

Corporal

[email protected]

(909) 334-3170

5450 Guardian Way
Chino, CA 91710
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Linda Reich

City Manager

[email protected]

(909) 334-3491

13220 Central Avenue
Chino, CA 91710

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Ria Medina

Management Analyst

[email protected]

(909) 334-3062

5450 Guardian Way
Chino, CA 91710
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $220,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$220,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $220,000.00

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

RGVNGHJR3NV5

13220 Central Ave
Chino
91710-4127
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT25150

1. PROBLEM STATEMENT
Chino is a city comprised of residential, commercial, industrial, and rural areas that are dissected or bordered by four heavily used state highways: SR 91 to the south, SR 71 on the west side, SR 60 on the north side, and SR 83 on the east. Our city has over 261 miles of roadway, some of which are used as major thoroughfares from neighboring cities to the state highways during commuting hours. The City of Chino was a dairy and agricultural preserve for decades and was one of the largest dairy regions in the country. This diary preserve was lifted approximately 14 years ago, which allowed many square miles of rural lands to become available for development. The growth in our city has been continuing ever since. Single-family homes, multi-unit housing, commercial centers, industrial warehousing, and a community college have since been developed where the old dairies previously existed. The city of Chino continues to grow as available land is yet to be developed. Since 2013, housing units and warehouses or distribution centers have been continuously built and occupied in Chino. The city has an estimated population of 96,000 residents, with a daily transient population increase of 6800 people coming into the city. With this increase in buildings and dwellings comes a significant increase in the residential population and daily commuters that travel through the city.

Two of our neighboring cities, Ontario and Eastvale, were also former dairy preserve areas. The southwest corner of Ontario, which borders the east side of our city, is building a master-planned community that will eventually bring 47,000 homes along with many commercial and retail properties. The population within the coming years is expected to exceed 160,000 residents. We are already experiencing increased traffic through our city as commuters from neighboring cities pass through Chino to the nearby highways. Eastvale continues to grow at nearly the same rate as Chino. Like the Ontario commuters, Eastvale residents also use our roadways during their commute to avoid traffic congestion on the freeway. This growth has demanded the re-engineering of roadways, and there is more development planned in the future. Many of these improvements have been finished, but with the steady growth comes continuing change. The Traffic Services Unit of the Chino Police Department is dedicated to maintaining a safe environment for drivers, bicyclists, and pedestrians as we deal with roadway congestion and increased traffic. Unfortunately, the steady growth of Chino has increased faster than the staffing of new officers. Officers are responsible for a constantly increasing number of residents, daily traffic, and crashes. These challenges have spread our police resources thin and have increased the need for additional enforcement.

Thankfully, the increase in residents and the increase in daily population has not brought a higher fatal crash count to the city. The last two years have resulted in five and three fatal crashes, respectively, as compared to an average of 5.6 in the previous five years. This is no doubt due to the continued support of grant- funded operations. The City of Chino and its Police Department are motivated to reduce the number of crashes in our city, especially injury and fatal crashes, with a yearly goal of zero fatal crashes per year.

The city continues to experience a variety of traffic problems and a variety of primary crash factors. Unsafe speed continues to be the overwhelming cause of most of our injury crashes. The Police Department continuously receives many citizen complaints about speeding vehicles throughout the city. We regularly deploy traffic data collectors (stealth devices that capture speed, volume, and times of traffic) in response to citizen complaints. We are identifying an ever-increasing amount of speed violations on residential and collector streets that have not seen crashes to the degree of other locations. Using the data collected, we can efficiently deploy officers and other resources to the area for awareness and enforcement. To supplement our officers, we have deployed portable message devices (speed display boards), which, in most cases, have positively impacted driving habits and reduced speeds. These devices are most effective when left at a location for at least one month or more. Thus, we have found a need for additional portable message devices due to the number of streets experiencing speeding issues. These portable message devices help calm speeds while also collecting traffic data.

Right-of-way violations and unsafe turning movements are also top causes of injury crashes. We intend to maintain our enforcement efforts in the areas that experience a high frequency of injury crashes by deploying Officers to the areas that statistically experience these crashes. 115

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The number of persons killed in crashes in 2023 decreased by 50% from 6 to 3. The number of persons injured in crashes increased by 27.7% from 346 to 442. The number of persons injured in DUI-related crashes increased by 33.3% from 39 to 52. We intend to focus our enforcement efforts in areas where Driving under the influence of alcohol and or drugs was a contributing factor.

The Chino Police Department has prioritized enforcing and prosecuting all impaired drivers and continues to ensure our officers are properly trained in DUI enforcement. We have prioritized the 40-hour DUI workshop as a core course. This is a week-long course by Cavanaugh and Associates, where officers learn Standardized Field Sobriety Tests (SFSTs), DUI report writing, and courtroom testimony. This course has included subject matter for Advanced Roadside Impaired Driver Enforcement (ARIDE) and has been approved by POST as an SFST/ARIDE course. This dedication to DUI training has led to the strict and successful prosecution of offenders.

Prior grant funding has afforded us the time and staffing to conduct DUI/DL checkpoints. The checkpoints are a great tool we use to enforce DUI-related laws and to educate drivers on the dangers of DUI driving. The Chino Police Department will continue to work towards minimizing DUI crashes in our city and remain dedicated to detecting and enforcing DUI drivers. DUI checkpoints have been an excellent public education campaign and tool to identify DUI drivers before a crash occurs. Our community provides overwhelmingly positive feedback to our social media posts announcing the checkpoints and their results. We have successfully filled many vacant Police Officer positions in the last year, allowing us to staff our checkpoints better. In several instances, we have identified the possibility of conducting checkpoints in both directions of a roadway for greater community impact.

Our community continues to experience DUI crashes that occur on less-traveled roadways and neighborhood streets. Often, the offenders are headed home and involved in crashes while near their residences. We believe that these offenders purposely avoid main thoroughfares and would likely not be identified by a DUI checkpoint, which is why DUI saturation patrols are so beneficial to our city. Our prior STEP grant has allowed us to field two officer operations dedicated to DUI detection and apprehension, and we hope to continue conducting these saturation patrols.

The Chino Police Department has filled several vacancies in the last year and is still aggressively recruiting and hiring to continue to provide a high level of service to the community. With the funding provided by the STEP grant, the Traffic Unit can fund overtime for Traffic Officers and for officers outside of the Traffic Unit who have an interest in traffic-related enforcement. We are fortunate to have officers outside of our Traffic Unit who support our mission and have the experience to conduct the specialized enforcement operations.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number
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1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
2 7. Send law enforcement personnel to the DRE Recertification training. 2

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
6 9. Conduct DUI Saturation Patrol operation(s). 33

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
23 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
4 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 4 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 15. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter. 117

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 All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements:

Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. 118

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 Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT25150

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$140,000.00
402PT-25 20.600 State and Community Highway
Safety
$80,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $13,000.00 6 $78,000.00
DUI Saturation Patrols 164AL-25 $1,800.00 33 $59,400.00 Traffic Enforcement 402PT-25 $1,800.00 23 $41,400.00
Distracted Driving 402PT-25 $1,800.00 4 $7,200.00
Motorcycle Safety 402PT-25 $1,700.00 4 $6,800.00
Pedestrian and Bicycle Enforcement 402PT-25 $1,700.00 2 $3,400.00 Street Racing and Sideshow Enforcement
Operations
402PT-25 $4,000.00 2 $8,000.00
Traffic Safety Educational Presentations 402PT-25 $800.00 2 $1,600.00 Category Sub-Total $205,800.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $4,100.00 1 $4,100.00
$0.00
Category Sub-Total $4,100.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $2,600.00 1 $2,600.00
Traffic Data Collector 402PT-25 $2,500.00 3 $7,500.00
Category Sub-Total $10,100.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $220,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT25150

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers March 2025 and OTS Traffic Safety Law Enforcement Forum 2025. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Traffic Data Collector - Traffic Data Collector 2-portable mounted data collector on any pole or sign post which collects and analyzes traffic data. Costs may include solar, battery, and accessories. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT25150

Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regula tions,” respectively.

GENERAL ASSURANCES

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary t o ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of fun ding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 123

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigation s conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 124

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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 125

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or 126

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8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials wil l increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secr etary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the in terests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

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

SUBJECT
..titl e
Subdivision Improvement Agreement Parcel Map No. 20593 located at 6699 Riverside Drive with KC Chino, LLC
..end

RECOMMENDATION
1) Approve Parcel Map No. 20593; 2) approve Subdivision Improvement Agreement and securities with KC Chino, LLC for public improvements for Parcel Map No. 20593; 3) authorize the City Manager to execute all the necessary documents of behalf of the City. ..body

FISCAL IMPACT
There is no direct 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:
 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. 129
CITY COUNCIL MEETING DATE: OCTOBER 15, 2024
TITLE: SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 20593 LOCATED AT 6699 RIVERSIDE DRIVE WITH KC CHINO, LLC
PAGE: 2

BACKGROUND
Parcel Map No. 20593, submitted by the developer KC Chino, LLC, proposes the subdivision of a 31,400 square-foot parcel into three residential lots. The lot sizes range from 9,918 to 10,609 square feet and are situated within the RD 4.5 (Residential, 4.5 u nits per acre) zoning district.

This project is located at 6699 Riverside Drive, as depicted in Exhibit A.

The Engineering Conditions of Approval (COA) for this development require frontage improvements along Riverside Drive. These improvements must be designed to the ultimate configuration, ensuring a safe transition from the adjacent property to the west, extending to the required curb ramp at the southwest corner of Riverside Drive and San Antonio Avenue. The curb ramp and roadway improvements at this intersection will necessitate modifications to the existing traffic signal.

The construction of the proposed driveway along San Antonio Avenue will require the reconstruction of the curb, gutter, and sidewalk to meet City Standards. Additionally, the stre et must be restored to its original condition, or better, as determined by the City Engineer.

The developer is not required to submit engineering plans until such time as they submit applications for their subdivided parcels. Therefore, in accordance with the COAs, the developer is required to enter into a Subdivision Improvement Agreement (SIA) with the City and provide the necessary securities prior to the recordation of the final Parcel Map. This ensures that the public improvements will be completed, re gardless of how the developer chooses to phase the project in the future.

ISSUES/ANALYSIS
The requirements made at the time of tentative map approval have been met by the execution of the SIA for Parcel Map No. 20593 and by posting the necessary securiti es to guarantee the construction of public improvements conditioned for this development. The City Attorney reviewed and approved the Subdivision Improvement Agreement and respective securities, which are attached as Exhibit B.

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

130

Exhibit A
PL22-0070 (Parcel Map 20593)

Location Map

131
01225.0006/366470.2 Updated 10-2020

SUBDIVISION IMPROVEMENT AGREEMENT

by and between

CITY OF CHINO
and

KC CHINO, LLC

132
01225.0006/366470.2

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

KC CHINO, LLC
Agreement Date: 10/15/2024
Subdivider Name: KC CHINO, LLC
Subdivision Description: Parcel Map No. 20593 submitted proposes a subdivision of 31,400 square-foot parcel located at 6699 Riverside Dr. into three residential lots. The lot sizes are 9,918, 10,609, and 9,873 square feet. The property is situated with the RD 4.5 zoning district residential, 4.5 units per acre), which allows for the development of residential units.

Tentative Map No.: 20593
Estimated Total Cost of Improvements: $140,000
Estimated Total Cost of Monumentation : $TBD (based upon the plan s, including individual lots, subdivision boundary and public improvements).

Security:

Bond No.: ____________________
Surety: ___________________
133
01225.0006/366470.2
Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer

13220 Central Avenue
Chino, CA 91710

(909) 334-3417
[email protected]

KC CHINO, LLC.

Attn: Derrick Tam

13850 Central Ave., Suite 200
Chino, CA 91710

[email protected]

CITY PROJECT INSPECTOR

Isaac Ortega
Permit & Inspection Supervisor

13220 Central Avenue
Chino, CA 91710

(909) 334-3501
[email protected]

134
01225.0006/366470.2

TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval

1.3 Intent of Plans

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.10 Documents Available at the Site

1.11 Inspection

1.12 Compliance with Law; Applicable Standards for Improvements

1.13 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.15 Final Acceptance of Works of Improvement

1.16 Vesting of Ownership

1.17 Subdivider’s Obligation to Warn Public During Construction

1.18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor

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 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service

5.1 Subdivider Responsible for All Related Costs of Construction 135
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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 Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Subdivider’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 Subdivider is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority

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1 SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 15th day of October, 2024, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and KC Chino, LLC. (Subdivider”).

RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative Parcel Map No. 20593, (the “Map”), located in the City of Chino, County of San Bernardino , State of California (the “Property”), as described on Exhibit “A”.

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

B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.

C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain “Works of Improvement ” (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.

D. Subdivider’s agreement to construct and i nstall the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Parcel Map No. 20593 for the Property and permitting development of the Property to proceed.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City ’s approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1.1. Works of Improvement . Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer , street lighting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto (the “Works of Improvement ”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $140,000.
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2 1.2. Other Obligations Referenced in Conditions of Tentative Map Approval . In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.

1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider’s contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify 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 regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Subdivider recognizes that the Plan s consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such 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 Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1.4. Survey Monuments . Before final approval of street improvements, Subdivider shall place survey monuments as shown on Parcel Map No. 20593 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

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

1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually agree upon changes to the Works of Improvement , subject to the security requirements in Section 4.
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3 1.7. Defective Work . Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.

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

1.9. Authority of the City Engineer . In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.

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

1.11. Inspection. Subdivider 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 Subdivider, or its design engineer, and Subdivider ’s contractor(s) regarding the Works of Improvement.

Subdivider 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 of this Agreement, including the Plans. If the City inspector requests it, the Subdivider’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Subdivider’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered 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 Subdivider 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 overlooked or accepted.

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

Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to 139
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4 protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

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

1.12. In case of suspension of work for any cause what soever, Subdivider 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.

1.14. Erosion and Dust Control and Environmental Mitigation . All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City 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 nuisances to surrounding properties. Plans 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 refuse, securing the job site to prevent injury, and similar matters.

1.15. Final Acceptance of Works of Improvement . After Subdivider ’s contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider’s contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider ’s contractor’s initial request for final inspection. If items are found by City ’s inspector s to be incomplete or not in compliance after two (2) “final” inspections, the City may require the Subdivider 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. Subdivider 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 certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.

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

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

1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
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5 1.17. Subdivider’s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance , Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements and shall take reasonable actions to protect the public from such dangerous condition. Until re cordation of the Notice of Acceptance, Subdivider shall provide forty-eight ( 48) hours’ advance written notice to all neighboring property owners and tenants affected by Subdivider’s operations or construction of the hours, dates and duration of any planned construction activities.

1.18. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement , Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless 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, Subdivider shall (i) commence with construction 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 construction 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 by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2.2. Phasing Requirements . Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific 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 Subdivider ’s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider 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 building permits, Subdivider shall provide 141
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6 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 improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer ’s satisfaction.

2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider ’s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and 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 receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider ’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 regarding the length of any extension of time for commencement 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 portion thereof), Subdivider 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.

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

3. Labor.

3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the 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, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors 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., Subdivider agrees that Subdivider, 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, ancestry, physical disability, mental 142
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7 disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status . Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors ’ licenses for the type of work being performed. All of Subdivider ’s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Subdivider 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 . Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers ’ Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of 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 Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider ’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $140,000 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument 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 Improvement in an amount equal to $70,000 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of (TBD) equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. 143
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8 (b) Required Security Instrument for Maintenance and Warranty . Prior to the City Council ’s acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument ”), in the amount of $14,000 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 Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to 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. Best ’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.
(b) Letters of Credit . For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit 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 Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider ’s completing the Works of Improvement, in accordance with Section 2.1 (other than 144
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9 Instruments of Credit, which 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 Subdivider 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 Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.

4.3. Subdivider’s Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City ’s realization under any Security Instrument, and to take no 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, Subdivider shall 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 less 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, in 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 the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider 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 145
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10 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 , Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California . If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney ’s fees.

5. Cost of Construction and Provision of Inspection Service.

5.1. Subdivider Responsible for All Costs of Construction . Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.

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

Subdivider 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, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and 146
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11 payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

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

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

7. Warranty of Work . Subdivider shall guarantee all Works of Improvement against 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 maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. 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 Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider’s failure to timely complete construction of the Works of Improvement;
(c) Subdivider’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
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12 (e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider’s failure to perform any other obligation under this Agreement.

8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider ’s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City ’s damages in the event of default by Subdivider. 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 Subdivider ’s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider ’s surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider ’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.

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

8.4. Attorney’s Fees and Costs . In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of Subdivider ’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 any other relief which may be granted, shall be entitled to recover its reasonable attorney ’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney ’s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
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13 8.5. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

9. Indemnity/Hold Harmless . City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement. Subdivider further agrees to protect, defend, indemnify and 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 arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other 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 responsibility for any damage or taking covered by this Section. City shall not be responsible for the design 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 taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Acceptance , the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one (1) year ; however, Subdivider shall not be responsible for routine maintenance. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.

10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning 149
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14 the Subdivision. The City shall promptly notify the Subdivider 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 Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter 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 bears its own attorney ’s fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.

11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a fo rm approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non - owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers ’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
(i) This policy shall provide coverage for Workers ’ Compensation (Coverage A); and
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15 (i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers ’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Subdivider 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 required 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 other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.”
(iii) “This insurance shall act for each insured and additional 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 cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation 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. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
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16 (f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider ’s insurance company as evidence of the coverage required herein and shall be mailed to:

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

12. Environmental Warranty.

12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider 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 dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. (b) Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, 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 those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Subdivider has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental 152
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17 (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.1. Successors and Assigns . This Agreement shall be binding upon all successors and assigns to Subdivider ’s right, title, and interest in and to the Property and any portion thereof. Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City ’s approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider’s responsibilities with regard to this Agreement, (the “Replacement Subdivider ”), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City ’s approval of this Agreement, shall remain Subdivider’s responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the “Transfer Agreement”), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider ’s responsibility to furnish replacement Security Instruments meeting the City’s approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City ’s approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City ’s approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

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

13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider ’s rights with respect to any change in any zoning or building law or ordinance.
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18 13.4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider ’s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider’s obligations under this Agreement.

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

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

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

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

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

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

13.9. Captions. The captions of this Agreement are for 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 previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.

13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
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19 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 authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
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20 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

___________________________ _____________________________ Fred Galante, City Attorney Hye Jin Lee, P.E.

Director of Public Works

KC CHINO, LLC.

By:
(Signature and Date)

Name: Xi Xiong Tan
(Please type or print name)

Title: Authorized Agent
(Please type or print title)

CITY OF CHINO

Dr. Linda Reich, City Manager

Date:

ATTEST:

By
Natalie Gonzaga, City Clerk

Dated: ___________________________

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157
01225.0006/366470.2 A-1

EXHIBIT “A”

LOCATION MAP
(ATTACHED)

158

Exhibit A
PL22-0070 (Parcel Map 20593)

Location Map

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01225.0006/366470.2 B-1
EXHIBIT “B”
TENTATIVE PARCEL MAP 20593 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 utility structures as necessary to properly construct the required improvements.

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

E. Sanitary sewers constructed as shown on the approved, engineered plans 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 with City Standards.

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

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

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

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

K. Installation of asphalt 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).

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of Public Works or her designee and on h er order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 160

DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL Reviewed/Approved By: SR for JP Date: May 8, 2023

PARCEL MAP NO. 20593 (PL22-0070)

DATE: May 4, 2023 PC MEETING DATE: May 17, 2023

PROJECT DESCRIPTION: TPM 20593 - Subdivision to create three lots in the RD 4.5 land use designation.

PROJECT LOCATION: 6699 Riverside Drive (APN: 1052-021-06)

APPLICANT: Derrick TAM /MM Development, Inc. PROJECT ENGINEER: Sylvia Ramos

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

APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE

THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.

1.0 PRIOR TO MAP RECORDATION:

1.1 Provide a preliminary Title Report no older than 60 days.

1.2 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. Include soils infiltration testing to determine feasibility of infiltration on-site, "if" it is determined that the project requires a WQMP.

1.3 Make the following dedications:

1.4 Prepare and record necessary drainage easements to implement the project in accordance with drainage law.

1.5 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 2.11. All security must be accessible to the City at any time and in a form acceptable to the Assistant City Manager , pursuant to Government Code, Section 66499.

1.6 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.

1.7 Comply with all applicable requirements of the City Municipal Code.

1.8 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, plan check fees.

2.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:

2.1 Record Parcel Map No. 20593 pursuant to the Subdivision Map Act and in accordance with City Municipal Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office.

2.2 All required plans and studies shall be prepared by a Registered Professional Enginee r and submitted to the project engineer for review and approval. All project plans must be approved by Street Name Distance Direction From C/L
Riverside Drive 5 feet south

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the City Engineer's office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch x 8 1/2-inch standard format.

2.3 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures. Study shall also consider any accepted run-on flows to the project site.

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

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

2.6 All improvements shall comply with federal, state, and local accessibility regulations and standards.

The review or approval of plans and specifications by the City does not permit the violation of any section of the federal law, state law, building code, or local ordinance. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) condition shall apply. Where the project’s conditions of approval conflict with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.

2.7 Provide a Pedestrian Accessibility Plan that labels and indicates the path location and conceptual design of the following structures and facilities:
a. Sidewalks and walks (public right of way sidewalk, walks within the development) b. Curb ramps (should be directional with one curb ramp provided for each pedestrian crossing and shall comply with the City’s Policy on Accessible Pedestrian Facilities) c. Pedestrian crossings at driveways
d. Crosswalks (marked, unmarked, signalized); and

2.8 The Pedestrian Accessibility Plan requested in 2.7 should clearly indicate structures that are proposed with this site . Pedestrian facilities that are open to the public shall comply with accessibility standards in the City’s Policy on Accessible Pedestrian Facilities, the current edition of the CBC in effect at the time of building permit issuance or, if no perm it, the date construction commences, and Part 36 of Title 28 of the Americans with Disabilities Act (ADA) regulations, which include the 2010 ADA Standards.

2.9 Existing pedestrian facilities on the frontage of the development, open to the public within the development, shall be evaluated for accessibility. The street frontage includes all adjacent pedestrian facilities, created by, extended from, or connected to any required or provided sidewalks improvements. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and other associated pedestrian facilities. a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project:
i. sidewalks/walks
ii. curb ramps
iii. crosswalk pavement and associated pedestrian facilities iv. driveway approaches crossings
b. Improvements that are non-compliant with the accessibility standards in effect at the time of construc tion or alteration, shall be brought up to current accessibility

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PARCEL MAP NO. 20593 3 May 17, 2023

standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City.
c. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications (running and cross slopes of all pedestrian walking surfaces, locations, dimensions and slopes of maneuvering spaces and landings, w idth of sidewalk, clear width, and vertical clearance from obstructions). The accessibility of existing improvements will be verified by City inspection staff upon completion of the project. Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remedi ated and brought up to accessibility standards as part of the project.

2.10 Setbacks from the travel way to obstructions must meet the requirements of the Highway Design Manual. Relocate pads that encroach into setback areas.

2.11 Design full public improvements for all impacted streets/facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements may include, but not be limited to the following: (Please coordinate and verify all requirements with the project engineer.

Street Names
Riverside Dr. San Antonio Ave.

Curb & Gutter (Offset from Centerline) 45' 22' (2)
Sidewalk (Width) 5' 5' (2)
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline)

43' (1)
Asphalt Concrete Overlay X(2)
Streetlights
Median Island and Landscaping
Parkway Landscaping
Striping and Traffic Controls X
Traffic Signal Interconnect
Conduit System for CATV
Sewer and/or Laterals X(3)
Storm Drain and/or Laterals
Domestic Water and/or Laterals X(3)
Recycled Water
Fire Hydrants as required by CVIFD
Other: Traffic Signal Modification Intersection at Riverside / San Antonio (1)

1. Frontage along Riverside Drive shall be designed to the ultimate configuration to provide a safe transition from the property to the west to the necessitated curb ramp at the southwest corner of Riverside Drive / San Antonio Avenue.

Note, the necessary curb ramp and roadway improvements at the southwest corner of Riverside Drive and San Antonio Avenue may trigger modifications to the subject traffic signal. Traffic Signal modification plans shall be submitted for review and approval by the City Engineer.

2. Construction of the proposed driveway approaches along San Antonio Avenue will require the curb, gutter, and sidewalk to be reconstructed per City Standards. In addition, the street shall be restored to its original condition (or better) at the discretion of the City Engineer. The required street restoration improvements on San Antonio Avenue may extend beyond the project’s frontage and are the responsibility of the applica nt.

3. Revise water / sewer as-built plans currently on file at the City to add laterals within the public ROW.

2.12 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, the Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFDF). The actual amount of fees due to the City will be based on the fee schedule in place on the date that the fees are due, or the date that they are paid, whichever occurs last. The fee amount stated in this notice

6.5.d
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is subject to change based on (1) annual adjustments for inflation, pursuant to Chino Municipal Code, Chapter 3.40.100 or 3.45.100, (2) revisions to the Chino Municipal Code, and (3) updates to the fee studies and nexus reports adopted by the City.

Developer is solely responsible for remaining informed about changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Chapter 3.40.080(B) or 3.45.080(B).

2.13 Pursuant to Santa Ana Regional Water Quality Control Board Order Numb er R8 -2010-0036, NPDES Permit No. CAS618036, prepare a project -specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project sha ll be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio-treatment) and non-structural measures (e.g. preserv ing natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.

2.14 Any future maintenance and repair of sewer laterals, except for the portion of lateral located within the public right-of-way or public easement, and domestic water or fire service laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, Chapter 13.04.175 and 13.12.150.

2.15 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City’s Public Works Environmental staff and Water Utilities Supervisor. Prepare and record any necessa ry 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).

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

2.17 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 di stance requirements are perpetuated.

2.18 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. Include AutoCAD and Esri GIS shape files as an e-transmitted zip file of all approved improvement plans.

3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

3.1 Construct and secure Development Services Department approval of all public facilities enumerated under Section 2.11 above (per Resolution No. 88-23).

3.2 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.

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

3.4 Pay all remaining applicable fees pursuant to City Municipal Code.

4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

4.1 Complete all Conditions of Approval listed under Sections 1-3 above.

6.5.d
Packet Pg. 92
Attachment: Eng COA PL22-0070 (PM 20593) (PL22-0070 (TPM 20593) - 3 parcels at 6699 Riverside Drive) 164
PARCEL MAP NO. 20593 5 May 17, 2023

4.2 Submit to the City a letter from the surveyor indicating monuments required for the map have been set and they have been fully paid for their services.

4.3 Submit to the City, electronic files of Parcel Map and “as -built” improvement plans in AUTOCAD, Ersi GI S shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an etransmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.

6.5.d
Packet Pg. 93
Attachment: Eng COA PL22-0070 (PM 20593) (PL22-0070 (TPM 20593) - 3 parcels at 6699 Riverside Drive) 165

Rev. 5/8/2023

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

PARCEL MAP NO. 20593 (PL22-0070)

PROJECT ENGINEER: Sylvia Ramos
DATE: 5/4/2023

A COPY OF THIS CHECK LIST MUST BE PROVIDED ALONG WITH A COMPLETED PLAN CHECK REVIEW

APPLICATION TO THE ENGINEERING TECHNICIAN WHEN MAKING AN APPOINTMENT FOR FIRST PLAN CHECK

SUBMITTAL

Copy of Development Engineering Division Conditions of Approval

Maps (Subdivision Only)

Preliminary Title Report (no older than six months) (Subdivision Only)

Closure Calculations (Subdivision Only)

Referenced Maps (Subdivision Only)

Preliminary Soils Report (no older than sixty days)

Lot line adjustment certificate

Lot merger

Right-of-way dedication

Rough Grading Plans

Precise Grading Plans

Storm Drain Plans

Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)

Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp

Street Improvements Plans

Copies of Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements

Sewer Plans (Delta revisions to existing plans if they exist)

Domestic Water Plans (Delta revisions to existing plans if they exist)

Recycled Water Plans

Street Light Plans including a Photometric Diagram

Voltage Drop Calculations (Signed and Sealed by a Registered Engineer)

Signing and Striping Plans

Traffic Signal Interconnect Plans

Traffic Signal Plans

Water Quality Management Plan

6.5.d
Packet Pg. 94
Attachment: Eng COA PL22-0070 (PM 20593) (PL22-0070 (TPM 20593) - 3 parcels at 6699 Riverside Drive) 166
9-23-24
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Parcel Map No. 20593
LOCATION : 6699 Riverside Drive, Chino, CA 91710
By: J.C.L.

DATE: 9/4/2024
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal 800.00 $ - $
22 CY Concrete Removal 325.00 $ 7,150.00$
9C Y AC Pavement Removal 100.00 $ 900.00$
CY Im ported Common Fill (Incl. Compaction) 34.00$ - $ 7324 SF Pre paration of Subgrade, Sidewalk and Paving 1.00$ 7,324.00$ 230 LF PCC 8" Curb & 24" Gutter on 6" AB 26.00 $ 5,980.00$ LF PCC 6" Curb & 24" Gutter on 6" AB 24.00 $ - $ LF PCC Curb Onl y 20.00$ - $
32 LF 8" A.C. Berm 20.00 $ 640.00$
SF 8" PCC Cross Gutter on 6" AB 16.00 $ - $ 1265 SF 4" PCC Sidewalk 5.80 $ 7,337.00$ 922 SF 6" PCC Thick Drive A pproach on 6" AB 12.50 $ 11,525.00$ SF 8" PCC Thick Drive A pproach on 6" AB 15.00 $ - $ LF 2" x 6" Redwood Header 7.50 $ - $
EA Street Si gn and Post 475.00 $ - $
EA Traffic Si gn and Post 400.00 $ - $
EA Reflector Si gn and Post 175.00 $ - $
EA Painted Le gend 6.50 $ - $
SF Prime or Tack Coat 0.08 $ - $
98 TON AC Variable - <300T 130.00 $ 12,740.00$ TON AC Variable - >300T 120.00 $ - $
TON CAB Variable - <300T 100.00 $ - $
TON CAB Variable - >300T 90.00 $ - $
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 S. Ramos

APPROVED

CITY OF CHINO ENGINEERING
BY DATE4/28/20

9.23.24 167
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Parcel Map No. 20593
LOCATION : 6699 Riverside Drive, Chino, CA 91710
By: J.C.L.

DATE: 9/4/2024
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 $ - $ EA Adjust Water Valve and Can to Grade 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 $ - $
427 LF Sawcut A.C. 3.00 $ 1,281.00$
8 LF Sawcut Concrete 3.00 $ 24.00 $
SF Cold Plane A.C . 2" Thick 0.28 $ - $ LF Si gning & Striping for
Arterial 19.00 $ - $
Collector 13.00 $ - $
Local 7.00 $ - $
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 $ - $
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 168
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Parcel Map No. 20593
LOCATION : 6699 Riverside Drive, Chino, CA 91710
By: J.C.L.

DATE: 9/4/2024
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
1151 SF
Landscape (Including shrubs, Hardscape, Irrigation, Ground Cover, Lighting, Installation Labor and Connection to
Existing Systems) 15.00$ 17,265.00$
LF
14 foot Median with Landscape, Irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement 300.00 $ - $ Rail Road Crossing
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 $ - $

STREETS
STREET SUBTOTAL 76,166.00 $
1 LS Mobilzation (5% of Construction Cost) 5% 3,808.30$ 1 LS Traffic Control (5% of Construction Cost) 5% 3,808.30$ 1 LS Clear & Grub Site (5% of Construction Cost) 5% 3,808.30$ 1L S Excavation (Clean Material) (5% of Construction Cost) 5% 3,808.30$ GRAND TOTAL STREETS ONLY 91,399.20$
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 169
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Parcel Map No. 20593
LOCATION : 6699 Riverside Drive, Chino, CA 91710
By: J.C.L.

DATE: 9/4/2024
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
20 LF Trench Su pport/Shoring (6 foot depth) 15.00$ 300.00$ 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$ - $
3 EA 1" Water Service/Meter 3,500.00 $ 10,500.00$ EA 2" Water Service/Meter 4,500.00 $ - $
WATER
WATER SUBTOTAL 10,800.00$
1 LS Mobilzation (5% of Construction Cost) 5% 540.00$
1L S Traffic Control (5% of Construction Cost) 5% 540.00$ GRAND TOTAL WATER ONLY 11,880.00$
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 170
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Parcel Map No. 20593
LOCATION : 6699 Riverside Drive, Chino, CA 91710
By: J.C.L.

DATE: 9/4/2024
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 171
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Parcel Map No. 20593
LOCATION : 6699 Riverside Drive, Chino, CA 91710
By: J.C.L.

DATE: 9/4/2024
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Su pport/Shoring 15.00$ - $
81 LF
4" Installed, including excavation, bedding, backfill and pavement restoration $75.00 6,075.00 $
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 - $
3 EA Sewer Cleanout $1,800.00 5,400.00 $
SEWER
SEWER SUBTOTAL 11,475.00$
1 LS Mobilization (5% of Construction Cost) 5% 573.75$
1L S Traffic Control (5% of Construction Cost) 5% 573.75$ GRAND TOTAL SEWER ONLY 12,622.50$
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 172
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Parcel Map No. 20593
LOCATION : 6699 Riverside Drive, Chino, CA 91710
By: J.C.L.

DATE: 9/4/2024
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 173
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Parcel Map No. 20593
LOCATION : 6699 Riverside Drive, Chino, CA 91710
By: J.C.L.

DATE: 9/4/2024
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 -$
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 174
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Parcel Map No. 20593
LOCATION : 6699 Riverside Drive, Chino, CA 91710
By: J.C.L.

DATE: 9/4/2024
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 91,399.20 $
GRAND TOTAL WATER ONLY 11,880.00$
GRAND TOTAL RECYCLED WATER ONLY -$
GRAND TOTAL SEWER ONLY 12,622.50$
GRAND TOTAL STORM DRAIN ONLY -$

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) 115,901.70$
PROJECT ADDITIVES Project Contingencies 10% 11,590.17$
Construction Staking 3% 3,477.05$
Soils Testing 1% 1,159.02$
Material Testing 1% 1,159.02$
Construction Inspection 4.8% 5,563.28$
Contract Administration 1% 1,159.02$
GRAND TOTAL (FOR BOND AMOUNTS) 140,009.25$
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 175
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Parcel Map No. 20593
LOCATION : 6699 Riverside Drive, Chino, CA 91710
By: J.C.L.

DATE: 9/4/2024
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By:

R.C.E. Number: 40870
Expiration: 31-Mar-25
Place R.C.E. Stamp and Signature Here (required)

BY CITY
Faithful Performance Bond (100% of Construction Cost) 140,000.00$ Labor & Material Bond (50% of Construction Cost) 70,000.00$ Warranty Bond (10% of Construction Cost) 14,000.00$
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 176
01225.0006/366470.2 C-1

EXHIBIT “C”
PARCEL MAP NO. 20593
KC CHINO, LLC.

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

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

2. Neither Subdivider nor any other person with Subdivider ’s permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, 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 capable of posing a risk of injury to health, safety or property, 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 those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.

3. Subdivider has not caused or permitted the release of and has no knowledge of the release or 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. Subdivider ’s prior and present use 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 Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider ’s environmental experts, to make the representations herein, and that no consent of any other party is 177
01225.0006/366470.2 C-2

required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.

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

Dated: _________________________

KC CHINO, LLC.

By:

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

178

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

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

SUBJECT
..titl e
Vendor Cap Increase with HR Green Pacific, Inc ., for Design Engineering Services used for Curb Ramp Accessibility Improvements at Various Locations throughout the City. ..end

RECOMMENDATION
Approve a vendor cap increase with HR Green Pacific, Inc ., for $40,000 for a total not -to- exceed amount of $ 90,000 for design engineering services used for curb ramp accessibility improvements at various locations throughout the City ; and authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
This request does not require an additional appropriation as the expenditures fall within the adopted budget for various Capital Improvement Program (CIP) projects within the Streets Category.

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

Revenue: Click or tap here to enter text.

Expenditure: Various CIP Projects
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 179
CITY COUNCIL MEETING DATE: OCTOBER 15, 2024
TITLE: VENDOR CAP INCREASE WITH HR GREEN PACIFIC, INC., FOR DESIGN

ENGINEERING SERVICES USED FOR CURB RAMP ACCESSIBILITY IMPROVEMENTS AT VARIOUS LOCATIONS THROUGHOUT THE CITY.

PAGE: 2

BACKGROUND
The City of Chino recently posted a Request for Proposal (RFP) for the design of approximately 180 curb ramps and eight accessible parking stalls to ensure compliance with The Americans with Disabilities Act (ADA) standards and good faith efforts to execute the City’s ADA Transition Plan. Alongside this initiative, the City is actively managing ongoing ADA grievances that need to be addressed. In order to com plete civil design services in a timely manner for current and future unknown ADA grievances , the Public Works Department frequently requests the professional services of a design consultant.

On December 19, 2023 , the City Council approved an On -Call Engineering Services list , comprising of seventy-two (72) qualified firms to perform engineering services from 2023 to 2028. HR Green Inc., Corona, CA , is a qualifying candidate from the approved list and has successfully performed Computer -Aided Draft (CA D) plans for our on -going ADA grievance requests.

ISSUES/ANALYSIS
On July 29, 2024, HR Green , Inc., was awarded a professional services agreement for design engineering services for the CDBG Alley Project (SN240) for $48,858. In addition, HR Green, Inc., has successfully completed designs for curb ramps at 11 th and B Street and is currently designing a mailbox access curb ramp for Denali Lane between Pipeline and Norton Avenues.

As a result of HR Green, Inc.’s ongoing support services in addressing the City’s ADA grievances, City staff would like to continue to utilize the ir services for additional design engineering support. However, since the current agreement with HR Green, Inc., has taken a majority of the $50,000 vendor cap approved by the City M anager, City staff is now requesting to increase their vendor cap.

Staff recommends an increase in the vendor cap with HR Green Pacific , Inc by $40,000 for a new total vendor cap amount of $90,000. This increase is necessary to ensure timely requests for upcoming design engineering services . The City Council authorization is required as the combined total expenditures will exceed the $50,000 limit authorized to one vendor. This request does not require an additional appropriation, as the expenditures fall within the adopted budget.

180

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: OCTOBER 15, 2024

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

SUBJECT
..titl e
Agreement between the City of Ontario and City of Chino for Operations and Maintenance of Raised Landscape Median on Euclid Avenue.
..end

RECOMMENDATION
Approve an agreement between the City of Ontario and City of Chino for the operation and maintenance of raised landscape median on Euclid Avenue; and authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
An increase in the City’s Operating Budget will be necessary to cover the ongoing maintenance costs for the raised landscape median once it is constructed and officially accepted by the City.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Financial Stability
 Responsible Long-Range Planning
 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. 181
CITY COUNCIL MEETING DATE: OCTOBER 15, 2024
TITLE: AGREEMENT BETWEEN THE CITY OF ONTARIO AND CITY OF CHINO FOR

OPERATIONS AND MAINTENANCE OF RAISED LANDSCAPE MEDIAN ON EUCLID AVENUE.

PAGE: 2

BACKGROUND
On October 27, 2020, the City of Ontario Planning Commission approved Parcel Map No. 20016. This map consists of seven numbered lots and one lettered lot on approximately 80.653 acres of land, as presented by the Developer, Euclid Land Venture, LLC. The pr oposed project consists of an industrial / business park to include seven warehouse buildings ranging from 43,400 square feet (sf) to 1,099,000 sf, totaling a maximum development of 1,676,000 sf of warehouse and office uses (“Project”). The Project area is bounded by Eucalyptus Avenue on the north, Sultana Avenue on the east, Merrill Avenue on the south, and Euclid Avenue on the west located in The Ontario Ranch Business Park Specific Plan area.

As a condition of project approval and under the terms outlin ed in the existing development agreement between the Developer and the City of Ontario, the Developer is obligated to design and construct public improvements on Euclid Avenue along the project frontage between Eucalyptus and Merrill Avenues. These improve ments include a 65 -foot-wide raised landscape median that will extend approximately halfway into the City of Chino jurisdiction (Exhibit A). The new median is intended to enhance both the visual appeal and functionality of the roadway per the City of Ontario’s Ontario Ranch Business Park Specific Plan and the City of Chino’s General Plan. Additionally, the Developer is required to design and construct improvements along the south side of Merrill Avenue within the Chino City limits, adjacent to Chino Airport.

The Developer has committed to completing these improvements through a Public Improvement Agreement with the City of Chino , which was finalized on October 18, 2022. This agreement includes the necessary securities to ensure the timely completion of the conditioned improvements, attached as Exhibit B.

Recently, the Developer and Chino agreed to extend the scope of improvements on Merrill Avenue to include additional features that were not part of the City of Ontario’s conditions of approval for the project. This includes the design and construction of traffic signal interconnects, sidewalks, parkway landscaping, and streetlights. These enhancements are intended to further benefit the community by improving traffic flow, aesthetics, and pedestrian safety.

On July 30, 2024, the City Council approved a construction reimbursement agreement with the Developer for a not to exceed amount of $15,709,100. This agreement covers the above - mentioned improvements, including installation of the new raised landscape medi an on Euclid Avenue. Additionally, this agreement represents a collaborative effort and shared investment between the City of Chino and Developer to enhance local infrastructure, addressing the needs created by new developments and supporting the local com munity and businesses in the surrounding area.

ISSUES/ANALYSIS
The Developer will up front all costs related to the construction of these public improvements, including the provision of necessary equipment and materials, per the approved construction plans and applicable standards. The Developer’s costs will be offset by The Preserve and Citywide Circulation Development Impact Fee (DIF) program funds, as well as $5.0 million deposited by the Scannell/FedEx project, designated for future enhancements alo ng the Chino Airport perimeter, particularly on Merrill Avenue.

To manage the ongoing operation and maintenance of the raised landscape median, Ontario and Chino staff propose an agreement outlining the responsibilities of each agency for this shared facil ity. Initially, the agreement will solely address the segment of median between 182
CITY COUNCIL MEETING DATE: OCTOBER 15, 2024
TITLE: AGREEMENT BETWEEN THE CITY OF ONTARIO AND CITY OF CHINO FOR

OPERATIONS AND MAINTENANCE OF RAISED LANDSCAPE MEDIAN ON EUCLID AVENUE.

PAGE: 3

Eucalyptus and Merrill Avenues constructed with the Developer’s project. Under the proposed terms, Ontario will handle all operational and maintenance tasks for this segment, w ith Chino reimbursing 50% of the maintenance costs plus an additional 10% to cover administrative overhead. The estimated annual operation & maintenance cost for this segment is approximately $64,000, which includes expenses for landscape and irrigation sy stem maintenance, water usage, electrical consumption, and a 10% contingency.

Future amendments to this agreement will be necessary to address additional segments of the raised landscape median to be constructed on Euclid Avenue north of Eucalyptus Avenu e as part of future development projects. The two agencies will negotiate to address future cost distribution and maintenance responsibilities. Any amendments requiring changes to the cost split will be presented to the City Council for approval unless the changes fall within the staff’s authority to approve per the City’s Purchasing Ordinance.

Staff recommends that the City Council approve the proposed operation and maintenance agreement and authorize future amendments as needed to address additional segme nts of the raised landscape median.

Attachments: Exhibit A – Median Location
Exhibit B – Public Improvement Agreement
Exhibit C – Draft Agreement City of Ontario

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LEGEND

EUCLID AVENUE
4150 CONCOURS, ONTARIO, CA 91764PHONE: (909) 989-9789 FAX: (909) 989-9660Engineering Geospatial Land Planning

EXHIBIT AEUCLID MEDIANCITY OF CHINOEUCALYPTUS AVENUE

MATCHLINE - SEE ABOVE RIGHT

MATCHLINE - SEE BELOW LEFTEUCLID AVENUE

MERRILL AVENUE
184
Contract # 2023- 159
Approved: 10/ 18/ 2022

PUBLIC IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and

EUCLID LAND VENTURE, LLC
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PUBLIC IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

EUCLID LAND VENTURE, LLC
Agreement Date; October 18, 2022
Developer Name: Euclid Land Venture, LLC
Description: Euclid Land Venture, LLC to construct the Ontario Ranch Business Park ( ORBP) consisting of eleven parcels totaling 80. 653 acres in the City of Ontario located east of Euclid Avenue, north of Merrill Avenue, west of the unimproved right- of- way of Sultana Avenue and south of Eucalyptus Avenue.

Estimated Total Cost of Improvements: $ 6, 241, 300. 00 Security:

Bond No.:

Surety:
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Deslgnees for the Service of Written Notice:

CITY: DEVELOPER
Jesus Plasencia
Assistant City Engineer
Euclid Land Venture, LLC
Attn: Jeff Johnston
13220 Central Avenue
Chino, CA 91710
4450 MacArthur Boulevard, Suite 100
Newport Beach, California 92660
909) 334- 3417 ( 949) 945- 6809
iiohnston( 5) redaiic. com

CITY PROJECT INSPECTOR
Isaac Ortega
Permit & inspection Supervisor
13220 Central Avenue
Chino. CA 91710
909) 334- 3501
iorteaa( a> citvofchino. ora
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TABLE OF CONTENTS

1. Constnjction Obligations

1. 1 Works of improvement

1. 2 Other Obligations Referenced in Conditions of Approval

1. 3 Intent of Plans

1. 4 Survey Monuments

1. 5 Performance of Work

1. 6 Changes jn the Work

1. 7 Defective Work

1. 8 No Warranty by City

1. 9 Authority of the City Engineer

1. 10 Documents Available at the Site

1. 11 Inspection

1. 12 Compliance With Law; Applicable Standards for Improvements

1. 13 Suspension of Work

1. 14 Erosion and Dust Control and Environmental Mitigation

1. 15 Final Acceptance of Works of Improvement

1. 16 Vesting of Ownership

1. 17 Developer' s Obligation to Warn Public During Construction

1. 18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2. 1 Commencement and Completion Dates

2. 2 Liquidated Damages for Delays

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
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5. Cost of Construction and Provision of Inspection Service

5. 1 Developer Responsible for Aii 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. Acceptanceof 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 Severablllty

13. 9 Captions

13. 10 Incorporation of Recitals

13. 11 Interpretation

13. 12 Entire Agreement; Waivers and Amendments

13. 13 Counterparts

14. Authority
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PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT ( this " Agreement") Is entered into this 18^ day of October, 2022, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (" CITY"), and Euclid Land Venture, LLC (" DEVELOPER").

RECITALS
A. Developer is the owner of certain real property located in the City of Ontario, County of San Bernardino, State of California ( the " Propert/), as described on Exhibit " A", which Developer proposes to develop and construct certain works of improvement thereon, as hereafter set forth.

B. Developer has applied for and received City of Ontario approval to construct warehouse buildings for the Ontario Ranch Business Park, located north of Chino. ( the Project").

C. The City desires to assure that certain public infrastructure improvements proposed for the Project and located in the City of Chino will 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 familiarity 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 incorporated herein by reference.

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 sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, landscaping, utility, and other improvements more fully described in Exhibit " B" attached hereto as well as the work identified in the plans listed in the Drawing Log as a part of Exhibit B ( the " Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement, together with all related documents, ( the " Plans"). The estimated construction cost for the Works of Improvement is $ 6, 241, 281. 75.

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 Project and the Property. The Conditions associated with the Map are included in Exhibit " B" attached hereto.
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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 in a manner acceptable to the City Engineer, ( or designee), 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 the 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 carry out the full intent and meaning of the Plans, Developer or its contractor shall immediately notify 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 regarding 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 the City Engineer. The Plans shall be supplemented by such 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, equipment, utilities, transportation, and incidentals required 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 institutions referenced in Paragraph 4, may order reasonable extra work or may make reasonable changes consistent with the original intended scope of work by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. These changes shall not significantly expand the scope of work originally intended under the Plans, without Developer' s written approval. 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 field changes performed or proposed by Developer or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Developer shall mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

1. 6. Defective Work. Developer shall repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.

1. 7. No Warrantv bv Citv. The Plans for the Works of Improvement have been prepared by or on behalf of Developer or its consultants 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. Authoritv of the Citv Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all 01225. 0005/ 784688. 1
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questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Developer and its contractor.

1. 9. Documents Available at the Site. Developer shall keep a copy of all approved Plans at the job site and shall give 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 engineer, and Developer' s contractor( 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 of this Agreement, including the Plans. If the City inspector requests it, the Developer or its 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 or its 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 considered 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 overlooked 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 federal, 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 construction 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 of 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 failure of the Developer' s contractor to comply with law pursuant to Section

1. 12. In case of suspension of work for any cause 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.

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flooding problems. The City 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 nuisances to surrounding properties. Pians 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 refuse, securing the job site to prevent injury, and similar matters.

1. 14. Final Acceptance of Works of Improvement. After Developer has completed all of the Works of Improvement, Developer shall then request a final inspection of the work. If items are found by the City' s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Developer or its contractor of such items. After the Developer has completed these items, the procedure shall then be the same as specified above for the Developer' s or its contractor' s Initial request for final inspection. If items are found by City' s inspectors to be incomplete or not in compliance after 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.

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

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

1. 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 Obligation to Warn Public During Construction. Until recordation 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 actions to protect the public from such dangerous condition. Until recordation 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. Iniurv to Public Improvements. Public Propertv or Public Utilitv. Until recordation of the Notice of Acceptance of the Works of Improvement, Developer assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Developer shall replace or repair all Works of Improvements, public property, public utility facilities, and 01225. 0005/ 784688. 1
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surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether 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 underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

2. Time for Performance.

2. 1. Commencement and Completion Dates. Subject to Sections 2. 2 and 2. 3 below.

Developer shall ( i) commence with construction and installation of the Works of Improvement thirtv ( 30) davs following City' s approval of the Plans, assuming that other agencies having jurisdiction over the improvements have also issued necessary permits and approvals to begin Commencement Date"); and ( ii) complete or cause to be completed all of the Works of Improvement within two ( 2) vears after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction 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 by the City Engineer. The City Engineer in his or her reasonable 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 security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Developer requests and is granted an extension of time for completion of the improvements. City may apply the standards in effect at the time of the extension.

2. 2. Liquidated Damages for Delays. The proposed full closure of Merrill Avenue between Euclid Avenue and Stearman Drive for the purposes of constructing storm drain facilities shall be limited to a 60 day period. Subject to Section 2. 3 below, Developer shall be liable for and shall pay to the City the sum of Five Thousand Dollars ($ 5, 000) as liquidated damages for each day of delay in the opening of Merrill Avenue to vehicle travel in both east and west directions if such opening is delayed beyond such 60 day period for the completion of such storm drain work. City and Developer acknowledge and agree that it would be impractical and/ or extremely difficult to fix or establish the actual damage sustained by City as a result of such delay by Developer, and agree that the aforementioned damages for each day of delay is a reasonable approximation thereof.

2. 3. Force Maieure. Notwithstanding the provisions of Sections 2. 1 and 2. 2, Developer' s time for commencement and completion of the Works of Improvement hereunder shall be extended for the period of any enforced delay caiused due to circumstances beyond the control and without the fault of Developer, including without limitation and to the extent applicable adverse weather conditions, flood, earthquakes, fire, acts of God or of a public enemy, strikes, lockouts, labor disputes, inability to obtain labor or materials or reasonable substitutes therefor, pandemics, acts or failures to act of a public agency ( including City), delay 01225. 0005/ 784688. 1
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in issuance of permits, approvals or inspections, utility company delays, unknown utility conflicts, unforeseen adverse soils conditions, 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 receipt 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 after consultation with Developer regarding the length of any extension of time for commencement and/ or completion of the Works of Improvement.

2. 4. Continuous Work. After commencement of construction of the Works of Improvement ( or separate portion 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. It is expressly acknowledged by City that there are multiple scopes of work involved with these improvements, some of which occur in the City of Ontario, and that certain work in the City of Chino that is connected to work in the City of Ontario will not be completed until such work can be performed jointly, which may produce gaps in timing of work sequence. Certain work must necessarily be completed in City of Ontario before certain work can be completed in City of Chino, and such gap in timing shall not be considered an abandonment.

3. Labor.

3. 1. Labor Standards. This Agreement is subject to, and Developer agrees to comply with, ail 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, including section 1720 to 1740, 1770 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 with contractors and subcontractors 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, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Developer shall expressly require compliance with the provisions of this Section in all agreements 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 subcontractors 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 01225. 0005/ 784688. 1
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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 contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

4. Securitv.

4. 1. Required Securitv.
a) At the time Developer executes this Agreement, Developer shall furnish to City the following bonds, letters of credit, instruments of credit ( assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying 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 $ 6, 241, 300. 00 equal to 100% of the estimated construction cost referenced in Section 1. 1. ii) A Security Instrument 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 Improvement in an amount equal to 3, 120, 600. 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 Securitv Instrument for Maintenance and Warranty. Prior to the City Council' s acceptance of the Works of Improvement and recordation of a Notice of Completion, Developer shall deliver a Security Instrument warranting the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of $ 624, 100. 00 equal to 10% of the estimated construction cost set forth in Section 1. 1 or a suitable amount determined by the City Engineer.

4. 2. Form of Securitv Instruments. All Security Instruments shall be in the amounts required under Section 4. 1 ( a) or 4. 1( b), as applicable, shall meet the following minimum requirements and othenwise shall be in a form provided by City or otherwise approved by the City Attorney:
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a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to 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. Best' s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Mood/ s or Standard & Poor' s.
b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by 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 credit 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 Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment 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 Securitv 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 maintained) in the City of Chino, State of California and the Security Instrument shall so provide).
ii) Each Security Instrument shall have 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, which shall have no defined term or expiration date).
ill) 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 Engineer; and ( 3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City 01225. 0005/ 784688. 1
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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 Security 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 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 less 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, in 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 the 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 to apply such 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 Securitv Instruments. The City shall release ail Security Instruments consistent with Government Code Sections 66499. 7 and 66499. 8, Section 19. 09. 010 of the Chino Municipal Code, and as follows:
a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
i) 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;
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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 ( commencing 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, 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 period, and settlement of any claims filed during the warranty period. c) The City may retain from any security released, an amount sufficient 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 costs incurred for construction and installation of the Works of Improvement. In the event Developer is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Developer and City prior to construction of the Works of Improvement.

5. 2. Pavment to Citv for Cost of Related Inspection 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 compensate 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 inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5. 3. Pavment of Development Impact Fees. N/ A

6. Acceptance of Offers of Dedication. N/ A

7. Warrantv of Work. Developer shall guarantee all Works of Improvement against 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 maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Developer, within fifteen ( 15) 01225. 0005/ 784688. 1
10 199
days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Developer fail to remedy defective material and/ or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual 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 bv Developer. Default by Developer shall include, but not be limited to:
a) Subject to Section 2. 3, Developer' s failure to timely commence construction of Works of Improvement under this Agreement; b) Subject to Section 2. 3, Developer' s failure to timely complete construction of the Works of Improvement;
c) Subject to Section 2. 3, Developer' s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; however, Developer' s work in City of Ontario which is necessary to continue and complete work in City of Chino shall be considered as proper performance of construction work and not a failure in timing; d) Developer' s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, 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. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City' s damages in 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 default shall be measured by the cost of completing the required Improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Developer fails to cure any default 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 performance by the City. The City may take over the work and complete the 01225. 0005/ 784688. 1
11 200
Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Developer. In such event. City, without liability for doing so, may complete 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.

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 discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of.

City' s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8. 4. Attornev' s Fees and Costs. In the event that Developer fails to perform any obligation under this Agreement, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In 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 any other relief which may be granted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney' s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action 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. Indemnitv/ Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developer further agrees to protect, defend, indemnify and 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 arising out of, acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence or willful misconduct of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, and the public improvements as provided herein, and in addition, to adjacent property owners as a 01225. 0005/ 784688. 1
12 201
consequence of the diversion of waters from the design and construction of public drainage systems, streets and other 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 responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Developer submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular 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 design or dangerous condition caused by the design or construction defect for a period of one ( 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 liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

Developer shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs. Incurred by City in enforcing this Section.

10. Developer' s Indemnitv of Project Approval. Developer shall defend, indemnify, and hold harrnless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Project. The City shall promptly notify 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 fails to cooperate in the defense, the Developer shall not thereafter be responsible to defend, indemnity, 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 bears its own attorney' s fees and costs and defends the action 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 and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City' s authorized designee for Risk Management prior to commencing any work:
01225. 0005/ 784688. 1
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a) Commercial General Liability poiicy with a minimum $ 1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage with a $ 50, 000. 00 deductible:
i) Premises operations; including X, 0, and U coverage; ii) Owners' and contractors' protection;
iii) Bianket contractual;
iv) Completed operations; and
v) Products.
b) Commercial Business Auto policy with a minimum $ 1 million combined single limit for bodily injury and property damage, providing ai! of the following minimum coverage with a $ 50, 000. 00 deductible:
i) . Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
ii) Any and ail mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy.
c) Workers Compensation and Employers' Liability poiicy in accordance with the laws of the State of California and providing coverage for any and ail employees of the Developer:
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
i) This policy shall provide coverage for $ 1, 000, 000 Employers' Liability ( Coverage B).
ii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies:"/ 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 to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."
Prior to commencement of work, the Developer shall file with the City' s Risk Manager a Certificate of insurance or certification of 01225. 0005/ 784688. 1
14 203
permission to self- insure workers' compensation conforming to the requirements of the Labor Code.
d) Endorsements. All of the following endorsements are required to be made a part of each of the above- required policies as stipulated below:
i) " The City of Chino, its officers, employees and agents are hereby added as additional insureds."
ii) " This policy shail be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only."
iii) " This insurance shall act for each Insured and additional 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 cancellation and/ or reduction in coverage, except that ten ( 10) days prior written notice shall apply in the event of cancellation 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. All insurance companies providing insurance to the Developer- under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
f) Proof of Coverage. Copies of all required endorsements shail be attached to the Certificate of Insurance which shall be provided by the Developer' s insurance company as evidence of the coverage required herein and shall be mailed to:

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

12. Environmental Warrantv. ( Not applicable - Developer is not dedicating anv propertv to Citv. 1 ,

13. General Provisions.
01225. 0005/ 784688. 1
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13. 1. Successors and Assigns. This Agreement shall 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 title interest to the Property to provide constructive notice of the rights and obligations incurred by Developer in the City' s approval of this Agreement. In the event the Property is subsequently conveyed by Developer to a third party prior to completion of the Works of improvement, whereby the third party is intended to 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 of 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 into a Transfer and Assignment of Public Improvement Agreement, ( the " Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Developer, including Replacement Developer' s responsibility to furnish replacement Security Instruments meeting the City' s approval pursuant to Section 4 of this Agreement, at which time Developer' s Security Instruments shall be released and Developer shall thereafter have no obligations hereunder. Until such time 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 the Replacement Developer, Developer retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

13. 2. No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their 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 vest Developer' s rights with respect to any change in any zoning or building law or ordinance.

13. 4. Developer is Not Agent of Citv. Neither Developer nor Developer' s agents, contractors, or subcontractors 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 required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail.

Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.
01225. 0005/ 784688. 1

16. 205
Either party may provide a new designated representative and/ or address by written notice as provided in this Section.

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

13. 8. Severabilitv. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

13. 9. Captions. The captions of this Agreement are for 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 previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.

13. 13. Counterparts. This Agreement may be executed in one or more counterparts, including the execution and delivery of counterparts via electronic means without the need to exchange original signatures, all of which taken together shall be deemed one original.

14. Authoritv. The persons executing this Agreement on behalf of the parties warrant the ( I) party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, ( iii) by so executing this Agreement, such party is formally bound to the 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]
01225. 0005/ 784688. 1
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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:

SIGNED IN COUNTERPART
Fred Galante, City Attorney
Euclid Land Venture, LLC
A Delaware limited liability company
APPROVED AS TO CONTENT:

Nicholas 8. Ligudri, AlCP
DevelopmenrServlces Director
By: RBV Euclid, LLC, a Delaware limited liability company Its Managing Member
By: REDA Bascom Ventures, LLC, a Delaware limited liability company Its Managing Member
By: Real Estate Development Associates, LLC, a California limited liability company Its Administrative Member
ohnstdn
President
ATTEST:

Angel^ f^ obles, City Clerk
Dated: | l - ^ - 2^ 2.^
CITYO
Reich, City Manager
Dated:_
01225, 0005^ 84688. 1
18 207
J . r ^
V- .

X
208
DocuSign Envelope ID: 6E1CCABC- FFC8- 4E11- B913- E4BB03D8D40F 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:

DocuSlgnedby:^.—DocuSlj
APPROVED AS TO CONTENT:
fn, l
N— 7O0FS5700FSgilggMF405
Fred Galante, City Attorney Nicholas S. ILlgudri, AlCP
DevelopmenrS^ vices Director
Euclid Land Venture, LLC
A Delaware limited liability company
By; RBV Euclid, LLC, a Delaware limited liability company Its Managing Member
By: REDA Bascom Ventures, LLC, a Delaware limited liability company Its Managing Member
By: Real Estate Development Associates, LLC, a California limited liability company Its Administrative Member .
ohnston
Si^ n) br Vice Presi
ATTEST:

CITY OF CHINO
Linda Reich, City Manager
Dated:

By:

Angela Robjes, City Clerk
Dated:
01225. 0005^ 764688. 1
18 209

ACKNOWLEDGMENT
A notary public or other offlcer completing this
certificate verifies only the identity of the Individual who signed the document to which this certificate Is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of J
On before me. T^ Pr (^ jr
insert name and title of the officer)
is of satisfactdry evidence to be the pers
personally appeared
who proved to me on the basis of satisfactdry evidence to be the person( 8fwhose name(8j( is? are^ Inscribed to the within instrument and acknowlec^ d to me thatftie& he/ they executed the same in Pher/ their authorized capacity( iee); and that by t^ her/ their signature( s) on the instrument the person( s) rorthe entity upon behalf of which the person( s)- acted, executed the instrument.

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

WITNESS my hand and
Signature

DANA D' ANGELO L
COMM. # 2394774 z
Notary Public • California 5
Orange
CountyMyComm. ExpiresFeb. 23.2026 [
Seal)
210
EXHIBIT " A"
ORBP
J L_ EUCALYPTUSAVL J11
c
Q
O
WestLAMP
iGroup, Inc.
r : 7iK

PROPOSED
BUILDINOS Ic
1<
i<
ico
en _ CITY OF ONTARIO _ J L_

CITY OF CHINO
MERRILL AVE.

STDRU DRAM lUPRmQJENTS TO " 1500* SOUTH OF UERRtLL
STREET ITPROVOenS ID "«»'
LEGEND:

PROPERTY BOUNDARY

STREET RIGHT OF WAY

STREET CENTERLINE

STREET WIDENING & STORM DRAIN WORK WITHIN
Engineering • Geospatial • Land Planning
4150 CONCOURS, ONTARIO, OA 91764
PHONE: ( 909) 989- 9789 FAX: ( 909) 989- 9660
0 N.T.S.

Ontario Ranch Business Park Specific Plan
DATE: 06/ 17/ 2022
01225. 0005/ 784688. 1 A- 1 211
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 utility structures as necessary to properly construct the required improvements.

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

E. N/ A
F. N/ A
G. N/ A
H. Disposal of all rocks and debris located within any public right- of- way within said development or on the boundary streets thereof.

I. installation of concrete curbs, gutters, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.

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

K. Street signs at intersections per the City Standards.

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

M. Setting monuments as required by the State Code.

The Developer shall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work, in accordance with Section

1. 5 of the Agreement.

See Drawing Log ( following herein) of approved Plans for work to be built in City of Chino.
01225. 0005/ 784688. 1 B- 1
212
EXHIBIT " B'
Title:

For:

Drawing Log
Plans by WestLAND Group, Inc.)
Street Improvement Plans
Euclid Avenue ( SR- 83) 840' south of Merrill Avenue to 835' north of Eucalyptus Avenue
Sheet# Sheet Name Sheet Date
1 Title Sheet 7/ 20/ 2022
2 Sheet Index and Typical Sections 7/ 19/ 2022
3 Plan & Profile - Euclid Avenue - 840' South to 345' North of Merrill Avenue 7/ 20/ 2022 4 Plan & Profile - Euclid Avenue - 345' North of Merrill Avenue to 1146' South of Eucalyptus Avenue 7/ 20/ 2022
5 Plan 8t Profile - Euclid Avenue - 1146' South of Eucalyptus Avenue to 104' North of Eucalyptus Avenue 7/ 20/ 2022
6 Plan & Profile - Euclid Avenue - 104' North of Eucalyptus Avenue to 871' North of Eucalyptus Avenue 7/ 20/ 2022
7 Details and Cross Sections 7/ 20/ 2022
8 Street Transition Details 7/ 19/ 2022
9 Concrete Pavement Details - Euclid Avenue and Merrill Avenue 7/ 19/ 2022 Title:

For:

Street Improvement Plans
Parcel Map 20016 Merrill Avenue, Eucalyptus Avenue, & Sultana Avenue Sheet # Sheet Name Sheet Date
1 Title Sheet 4/ 5/ 2022
2 Sheet Index 4/ 5/ 2022
3 Merrill Avenue - From 128' East of Euclid Ave to 1100' East of Euclid Ave 4/ 5/ 2022 4 Merrill Avenue - From 1100' East of Euclid Ave to 2300' East of Euclid Ave 4/ 5/ 2022 5 Merrill Avenue - From2300' East of Euclid Ave to 3425' East of Euclid Ave 4/ 5/ 2022 6 Merrill Avenue - From 3425' East of Euclid Ave to 4600' East of Euclid Ave 4/ 5/ 2022 7 Merrill Avenue - From 4600' East of Euclid Ave to 5800' East of Euclid Ave 4/ 5/ 2022 8 Merrill Avenue - From 5800' East of Euclid Ave to 6509' East of Euclid Ave 4/ 5/ 2022 9 Eucalyptus Avenue - From 130' East of Euclid Ave to 960' East of Euclid Ave 4/ 5/ 2022 10 Eucalyptus Avenue - From 960' East of Euclid Ave to 654' East of Sultana Ave 4/ 5/ 2022 11 Sultana Avenue - From Merrill Ave to 1100' North of Merrill Avenue 4/ 5/ 2022 12 Sultana Avenue - From 1100' North of Merrill Avenue to 2150' North of Merrill Ave 4/ 5/ 2022 13 Sultana Avenue - From 2150' North of Merrill Ave to Eucalyptus Ave 4/ 5/ 2022 14 Details 4/ 5/ 2022
15 Merrill Avenue Driveway Details 4/ 5/ 2022
16 Merrill Avenue Local Depression Details 4/ 5/ 2022
17 Concrete Pavement Plan - Merrill Avenue from 130' E/ 0 Euclid Avenue to 300' E/ 0 Euclid Ave 4/ 5/ 2022
18 Concrete Pavement Plan - Merrill Avenue from 300' E/ 0 Euclid Avenue to 475' E/ 0 Euclid Ave 4/ 5/ 2022
19 Concrete Pavement Plan - Merrill Avenue from 1, 521' E/ 0 Euclid Avenue to 1, 800' E/ 0 Euclid Ave 4/ 5/ 2022
20 Concrete Pavement Plan - Merrill Avenue from 1, 800' E/ 0 Euclid Avenue to 2, 000' E/ 0 Euclid Ave 4/ 5/ 2022
213
Sheet# Sheet Name Sheet Date
21 Concrete Pavement Plan - Merrill Avenue from 2, 824' E/ 0 Euclid Avenue to 3, 100' E/ 0 Euclid Ave 4/ 5/ 2022
22 Concrete Pavement Plan - Merrill Avenue from 3, 100' E/ 0 Euclid Avenue to 3, 338' E/ 0 Euclid Ave 4/ 5/ 2022
23 Concrete Pavement Plan - Merrill Avenue from 4, 162' E/ 0 Euclid Avenue to 4, 400' E/ 0 Euclid Ave 4/ 5/ 2022
24 Concrete Pavement Plan - Merrill Avenue from 4, 400' E/ 0 Euclid Avenue to 4, 640' E/ 0 Euclid Ave 4/ 5/ 2022
Title: Storm Drain improvement Plan
For: Parcel Map 20016 Eucalyptus Avenue, Merrill Avenue & Sultana Avenue Sheet# Sheet Name Sheet Date
1 Title Sheet 6/ 6/ 2022
2 Index/ System Map 6/ 6/ 2022
3 Eucalyptus Ave - From Euclid Ave to 900' East of Euclid Ave 6/ 6/ 2022 4 Eucalyptus Ave -' From 900' East of Euclid Ave to Sultana Ave 6/ 6/ 2022 5 Sultana Ave - From Merrill Ave to 800' North of Merrill Ave 6/ 14/ 2022 6 Sultana Ave - From 800' North of Merrill Ave to 1400' North of Merrill Ave 6/ 14/ 2022 7 Merrill Ave - From Euclid Ave to 800' East of Euclid Ave 6/ 14/ 2022 8 Merrill Ave - From 800' East of Euclid Ave to 160' East of Sultana Ave 6/ 14/ 2022 9 Merrill Ave - From 160' East of Sultana Ave to 260' West of Campus Ave 6/ 6/ 2022 10 Merrill Ave - From 260' West of Campus Ave to 640' East of Campus Ave 6/ 6/ 2022 11 Merrill Ave - From 640' East of Campus Ave to 220' East of Bon View Ave 6/ 6/ 2022 12 Merrill Ave - From 220' East of Bon View Ave to 1300' East of Bon View Ave 6/ 6/ 2022 13 Merrill Ave - From 1300' East of Bon View Ave to 1650' East of Bon View Ave 6/ 14/ 2022 ! 14 Eucalyptus Ave - Lateral Details B- 1 to B- 9 8i D- 18 & D- 19 6/ 15/ 2022 15 Merrill Ave - Lateral Details D- 1 to D- 15, F- 1 to F- 3, Line E and D Bon View Ave 6/ 14/ 2022 16 Sultana Ave - Lateral Profiles C- 1 to C- 6 6/ 14/ 2022 17- 18 CDS Details 6/ 15/ 2022
19- 24 Details 6/ 6/ 2022
Title: Storm Drain Improvement Plan
For: Parcel Map 20016 Eucalyptus Avenue, Merrill Avenue & Sultana Avenue Sheet# Sheet Name Sheet Date
1 Title Sheet 6/ 16/ 2022
2 Sheet Index and Typical Sections 6/ 3/ 2022
3 Euclid Avenue - From Merrill Ave to 912' North of Merrill Ave 6/ 16/ 2022 4 Euclid Avenue - Frorri 912' North of Merrill Ave to 1812' North of Merrill Ave 6/ 16/ 2022 5 Euclid Avenue - From 1812' North of Merrill Ave to Eucalyptus Ave 6/ 16/ 2022 6 Euclid Avenue - From 2171' to 3071'- North of Kimball Ave 6/ 8/ 2022 7 Euclid Avenue - From 3071' North of Kimball Ave to 1310' South of Merrill Ave 6/ 16/ 2022 8 Euclid Avenue - From 1310' South of Merrill Ave to 590' South of Merrill Ave 6/ 16/ 2022 9 Euclid Avenue - From 590' South of Merrill Ave to Merrill Ave 6/ 16/ 2022 10 CDS & Utility Crossing Details 6/ 16/ 2022
11- 21 Details 6/ 3/ 2022
214
EXHIBIT " C"

ENGINEERING COST ESTIMATES
01225. 0005/ 784688. 1 0- 1
215
RESOLUTION NO 2015- 078

EXHIBIT C

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM-a0016
LOCATION : Merrill Avenue • Euclid to Grove
By:

DATE:

Slew MecKtnney
S/ 2/ 3022
Quantity Unit Item Unit
Price
Total Cost
Per Item

STREETS
LS Traffic Control ( 5% of construction cost) 5%$ 135. 047. 68 LS Clear & Grub Site ( 5% of construction cost) 5%$ 135. 047. 68 EA Tree Removal $ 800. 00 t
CY Concrete Removal $ 300. 00 s
2939 CY AC Pavement Removal S 100. 00 % 293. 900. 00
LS Excavation ( Clean Material) ( 5% of Consbuction Cost) 5%$ 135. 047. 68 CY Imoorted Common Fill ( Incl. Compaction)$ 34. 00 s
136936 SF Preparation of Subgrade S 1. 00 $ 136. 936. 00 6328 LF PCC 8" Curb & 24" Gutter $ 23. 00 145. 544. 00
3181 LF PCC Curb Onlv S 20. 00 63. 620. 00
130 LF 8" A. C. Berm $ 20. 00 $ 2. 600. 00
SF 8" PCC Cross Gutter S 11. 00 $
SF 4' PCC Sidewalk $ 5. 80 s
7984 SF 6" PCC Thick Drive Approach $ 7. 40 $ 59. 081. 60 SF 8' PCC Thick Drive Approach $ 9. 00 $
1225 LF 2" X 6" Redwood Header $ 5. 00 $ 6. 125. 00
EA Street Sion $ 475. 00 $
33 EA Traffic Sign and Post $ 400. 00 s 13. 200. 00
EA Reflector Sign and Post $ 175. 00 $
52 EA Painted Leoend S 6. 50 $ 338. 00
SF Prime or Tack Coat $ 0. 05 $
67187 SF PCC Pavement S 5. 00 s 285. 935. 00
TON AC Variable - < 300T $ 90. 00 s
11371 TON AC Variable - > 300T S 80. 00 $ 909. 680. 00
EngCoetEstimate Pagei of 14 Effective Dele: January 1, 2016 216 RESOLUTION NO 2015- 078

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM. 2& 016
LOCATION : MttIU Av» ny - Euclid to Grovt
By: Stan MacKlnrwy
DATE: 8/ 2/ 2022
Quantity Unit Item Unit
Price
Total Cost
Per Item

STREETS
TON CAB Variable - < 300T $ 75. 00 $
7372 TON CAB Variable - > 300T $ 65. 00 $ 479. 180. 00
5 EA Adjust Sewer Manhole to Grade S 665. 00 $ 3. 325. 00 LS Mobilization 5%$ 135, 047. 68
EA Adjust Sewer Cleanout to Grade S 350. 00 $
10 EA Adjust Water Valve to Grade $ 265. 00 $ 2. 650. 00 EA Street Uaht ( Citv Owner) S 6. 700. 00 $
EA Lot Monument Setting Fee $ 550. 00 $
5000 IF Sawcut A. C. S 3. 00 $ 15. 000. 00
LF Sawcut Concrete S 3. 00 $
5150 SF Cold Plan A. C 15 foot wide)$ 0. 28 $ 1. 442. 00 LF Sionino & Strioino for
7650 Arterial S 19. 00 $ 145. 350. 00
Collector S 13. 00 $
Local $ 7. 00 $
EA Traffic Signal ( 8 - Phase Conb' olier) S 250. 000. 00 $ EA Modify exisbno Traffic Signal oer Quadrant $ 50. 000. 00 $ LF Chain Link Fence
4 foot Residential Grade ( Add $ 7. 00/ LF for Removal
of Existing Fence) S 25. 00 $
837
6 foot School fence ( Add $ 9. 00/ LF for Removal of
Existing Fence)$ 35. 00 $ 29. 295. 00
2358
6 foot School fence ( Add $ 9. 00/ LF for Removal of
Existing Fence)$ 44. 00 8 103. 752. 00
EA Utllitv Poles
Transmission $ 11. 500. 00 $
Distribution $ 8. 000. 00 $
Service $ 3. 000. 00 $
EngCostEstimale Page 2 of 14 EfTective Date: January 1. 2016 217 RESOLUTION NO 2015- 078

EXHIBIT C

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO; PM- 2Mie
LOCATION : Mtfrill Av> nu» - Euclid to Grove
By: Slifi MtcKlntwy
DATE: tnnm
Quantity Unit Item Unit
Price
Total Cost
Per Item

STREETS
SF
Landscape ( including shrubs. Hardscape. Irrigation,
Ground Cover. Lighting, Installation Labor and Connection to Existina Svstemsl $ 10. 00 $
LF
14 foot Median with Landscape. Irrigation, Lighting,
Hardscape. Curb. Gutter & Pavement $ 300. 00 $
Rail Road Crossing
LS
Safety Equipment ( Complete Including Crossing
Gates. Signs, and Lights)$ 400. 000. 00 $
SF Track Crossing ( Concrete) S 150. 00 $
SF Aoproach $ 2. 25 $
1 EA S. W. Ramos ( A. DA. Compliant) S 4. 000. 00 $ 4. 000. 00 EA Traffic Signal Loops S 400. 00 $
STREET SUBTOTAL $ 3. 241, 144. 32
PROJECT ADDITIVES Project Contingencies 10%$ $ 24, 114. 43 Construcf/ on Slakina 3%$ 97. 234. 33
Soils Testina 1% S 32. 411. 44
Material Testing 1% S 32. 411. 44
Construction Inspection 2% S 64, 822. 89
Contract Adminisnation 1% S 32. 411. 44
GRAND TOTAL STREETS ONLY 3, 824, 550. 30
EngCostEstiinate Page 3 of 14 Effective Dale: January 1, 2016 218 RESOLUTION NO 2015- 078

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM-aooie
LOCATION : Merrill Avenue - Euclid to Grove
By: SUri MacKlnney
DATE: 9/ 2/ 2022
Quantity Unit Kem Unit Total Cost
Price Per Item
WATER
LS Traffic Contn^ ( 5% of Construction Cost) 5%$
LF Trench SuoDort/ Shorina ( 6 foot decth)$ 15. 00 $
CY Pioe Bedding llmDorted)$ 45. 00 $
LF
6' Pipe & Fittings Installed, including excavation, bedding, backfiil and oavement restoration $ 60. 00 $
LF
8' Pipe & Fittings Installed, including excavation, bedding, backfill and oavement restoration. S 75. 00 $
LF
10" Pipe & Fittings Installed, including excavation,
bedding, backfill and oavement restoration $ 80. 00 $
LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and oavement restoration $ 90. 00 $
LF
16" Pipe & Fittings Installed, including excavation,
beddirK). backfill and oavement restoration $ 105. 00 $ EA 6' Gate Valve S 1. 500. 00 $
EA 8" Gate Valve $ 2. 000. 00 $
EA 10" Gate Valve S 2. 400. 00 $
EA 12' Gate Valve $ 2, 800. 00 $
EA 16" Gate Valve $ 3. 500. 00 $
EA Fire Hvdrant Assembly oer Citv Std. S 7. 500. 00 $
EA Blow- off Assembly 6" oer City Std.$ 4, 500. 00 S
EA 2" Air Relief Assembly
o
e
d
o>
ri
EA 1" Water Service/ Meter $ 3. 500. 00 $
EA 2" Water Service/ Meter $ 4. 500. 00 $
EngCostEstfmate Page 4 of 14 Etfecttve Dale: January 1. 2016 219 RESOLUTION NO 2015- 078

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM.20016
LOCATION : MerflM Avenu* - Euclid to Grove
By: Slara ItacKinnty
DATE: 812/ 2022
Quantity Unit Item Unit
Price
Total Cost
Per Item
WATER
WATER SUBTOTAL $
PROJECT ADDITIVES Project Contingertcies 10%$
Construction Staking 3%$
Soils Testing 1%$
Material Testing 1%$ •
Construction Inspection 2% S
Contract Administration 1%$

GRAND TOTAL WATER ONLY
EngCoetEstimate Page 5 of 14 Enective Date: January 1. 2016 220 RESOLUTION NO 2015- 078

EXHIBIT C

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM-2001«
LOCATION : MarriH Awnue - Euclid to Grow
By: Stara MacKlnnty
DATE: 8/ 2/ 2022
Quantity Unit hem Unit
Price
Total Cost
Per Item

RECYCLED WATER
LS Traffic Control ( 5% of Construction Cost) 5% S
LF Trench Suooort/ Shorino f6 foot deoth)$ 15. 00 $
CY Pioe Beddino ( imoorted) S 45. 00 s
LF
6' Pipe & Fittings Installed, including excavation, bedding, backfiil and pavement restoration S 60. 00 $
LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration.$ 75. 00 $
LF
10" Pipe & Fittings Installed, including excavation,
beddino. backfill and oavement restoration $ 80. 00 s
LF
12" Pipe & Fittings Installed, including excavation,
beddino. backfill and oavement restoration $ 90. 00 $
LF
16" Pipe & Fittings Installed, including excavation,
beddino, backfill and pavement restoration $ 105. 00 $
EA 6' Gate Valve $ 1. 500. 00 $
EA 8" Gate Valve $ 2, 000. 00 $
EA 10' Gate Valve $ 2. 400. 00 $
EA 12' Gate Valve $ 2. 800. 00 $
EA 16' Gate Valve $ 3. 800. 00 s
EA Fire Hydrant Assembly per City Std.$ 7. 500. 00 s
EA Blow- off Assembly 6" per City Std.$ 4. 500. 00 $
EA 2" Air Relief Assembly $ 4. 500. 00 $
EA 1' Water Service/ Meter S 3. 500. 00 $
EA 2" Water Service/ Meter S 4. 500. 00 $
EngCostEstimsia Page 6 of 14 Effective Date: January 1, 2016 221 RESOLUTION NO 2015- 078

EXHIBIT C
CIT\ OFCMINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM- 2001>
LOCATION : Mrrill Avnm • Euclid to Gfw
By: SItri MacKlniwy
DATE: % i2n022
Quantity UnH Item Unit
Price
Total Cost
Per Item

RECYCLED WATER
RECYCLED WATER SUBTOTAL $
PROJECT ADDITIVES Pmyecf Continaencies 10% i
Construcf/ on Stakina 3% s
SoHs Testinq 1%$
Malarial Tastina 1%$
Construction Insoaction 2%$
Contract Administration 1% s

GRAND TOTAL RECYCLED WATER ONLY
EngCosCetimate Page 7 of 14 EffBctive Date: Januaiy 1, 2016 222 RESOLUTION NO 2015- 078

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM- 20016
LOCATION : MwtHI Avtnu* - EuclM to Grove
By: Slara MacKlnnty
DATE: 8/ 2/ 2022
Quantity Unit Hem Unit
Price
Total Cost
Per Hem
SEWER
LS Traffic Control ( 5% of Construction cost) 5%$
LF Trench SupDort/ Shorlno $ 15. 00 $
LF
8* V. C. P Installed, including excavation, bedding, backfill and oavement restoration S 92. 00 $
LF
10' V. C. P. Installed, including excavation, bedding,
backfill and oavement restoration $ 98. 00 $
LF
12' V. C. P. Installed, including excavation, bedding,
backfill and pavement restoration $ 104. 00 $
LF
15" V. C. P. Installed, including excavation, bedding,
backfill and pavement restoration S 110. 00 $
LF
18" V. C. P. Installed, Including excavation, bedding,
backfill and pavement restoration S 140. 00 $
LF
21" V. C. P. installed, including excavation, bedding,
backfill and pavement restoration S 150. 00 $
LF
24" V. C. P. Installed, including excavation, bedding,
backfill and pavement restoration $ 170. 00 $
EA Sewer Saddle S 450. 00 $
EA Wves 4' x8' Tvpical $ 225. 00 $
EA 48" Sewer Manhole $ 5. 000. 00 $
EA 60" Sewer Manhole $ 6. 400. 00 $
EA Sewer Cleanout $ 1. 800. 00 $
LF
36" V. C. P. Installed, including excavation, bedding,
backfill and pavement restoration $ 255. 00 $
LF 54' Steel Casino with 1/ 2" wall thickness $ 350. 00 $ LF
30' V. C. P. Installed, including excavation, bedding,
backfiil and oavement restoration S 300. 00 $
EA 72' Sewer Manhole $ 7. 700. 00 $
LF Remove Exisitina 16' Sewer $ 70. 00 $
EA Remove Existina Manhole S 1. 200. 00 $
EA Temporarv Sewer Piua $ 200. 00 $
EA Connect to Existina S 500. 00 $
EngCostEsUmate Page 8 of 14 Effective Date: January 1, 2016 223 RESOLUTION NO 2015- 078

EXHIBIT C

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM. 200H
LOCATION : Utenlii Avnut» Euclid to Grow
By: Siwi MicKlnnty
DATE: e/ 2/ 2022
Quantity Unit Hem Unit
Price
Total Cost
Per Item
SEWER
SEWER SUBTOTAL $
PROJECT ADDITIVES Project Corttlngencles 10%$
Construction StaMna 3%$
Soils Testina 1%$
Material Testina 1% t
Construction Inspection 2%$
Contract Administration 1%$

GRAND TOTAL SEWER ONLY
EngCostEstitnate Page 9 of 14 Effective Date: January 1. 2016 224 RESOLUTION NO 2015^ 78

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM- 20016
LOCATION : Marrfll Avenue - Euclid to Grove
By: Siara MacKinney
DATE: 6/ 2/ 2022
Quantity Unit Item Unit Total Cost
Piice Per Item

STORM DRAIN
LS Traffic Control ( 5% of Construction Cost) 5%% 97, 527. 50 LF 24" X 36" C. M. P A ( 10 Gauge)$ 230, 00 $
LF 27" X 43" C. M. PA ( 10 Gauae) S 250. 00 $
15 EA Storm Drain Manhoie # 1 $ 5. 000. 00 $ 75. 000. 00 0 EA Junction Structure # 2 ( 24" or larger)$ 4. 400. 00 $ 0 EA Junction Structure # 4 ( 24" or smaller)$ 2. 500. 00 $ 0 EA Outlet Sbucture $ 5. 000. 00 $
EA Catch Basin 3. 5' Width $ 5. 500. 00 $
EA Catch Basin T Width/ L. D. S 6. 100. 00 $
8 EA Catch Basin 10' Width/ L. D.$ 7. 000. 00 S 56. 000. 00 EA Catch Basin 14' Width/ L. D.$ 8. 000. 00 $
EA Catch Basin 21' Width/ L. D.% 10. 000. 00 $
0 LF
24 inch HOPE Installed, including excavation, bedding,
backfill and oavement restoration $ 50. 00 $
400 LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 130. 00 $ 52. 000. 00 0 LF
24 inch HDPE Installed, including excavation, bedding,
backfill and oavement restoration S 150. 00 $
5550 LF
24 inch RCP Installed, including excavation, bedding,
backfill and oavement restoration $ 85. 00 $ 471. 750. 00 LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 160. 00 $
0 LF
30 inch RCP installed, including excavation, bedding,
backfill and oavement restoration S 175. 00 S
LF
33 inch RCP installed, including excavation, bedding,
backfill and pavement restoration $ 190. 00 $
LF
36 inch RCP Installed, including excavation, bedding,
backfill and oavement restoration $ 240. 00 $
LF
39 inch RCP Installed, indudtng excavation, bedding,
backfill and oavement restoration S 260. 00 $
LF
42 inch RCP Installed, including excavation, bedding,
backfill and oavement restoration % 275. 00 $
EngCostEstimate Page 10 of 14 Eftactive Date: January 1. 2016 225 RESOLUTION NO 2015- 078

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM- aoOK
LOCATION : MttHI Avnw - EucHd to Grove
By: Stow ltocKinn» y
DATE: «/ 2/ 2022
Quantity Unit Hem Unit
Price
Total Cost
Per Item

STORM DRAIN
LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 280. 00 $
LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 300. 00 $
LF
51 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 325. 00 $
0 LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 350. 00 $
LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 360. 00 $
LF
63 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 370. 00 $
0 LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 400. 00 $
0 LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 460. 00 $
LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 470. 00 %
LF
81 inch RCP installed, including excavation, bedding,
bad( fill and pavement restoration S 490. 00 %
LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 510. 00 $
0 LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 540. 00 i
LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 570. 00 %
0 LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 610. 00 $
LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 640. 00 $
0 LF
120 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 675. 00 $
LF
T 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 S 1. 000. 00 $
LF
8' X 13' RCB Installed, including excavation, bedding,
baddill and pavement restoration S 1. 100. 00 $
0 LF
DBLE lO' xIO' RCB Installed, including excavation,
bedding, backfill and pavement restoration $ 1. 800. 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 S 680. 00 $
639 LF
Dbl lO' xIO' RCB Installed, including excavation. t> edding. backfill and pavement restoration S 1. 800. 00 $ 1. 150. 200. 00 2 £ A Brick and Morter Bulkhead $ 600. 00 S 1. 600. 00
EngCostEAImate Page 11 of 14 Effective Date: January 1, 2016 226 RESOLUTION NO 2015- 078

EXHIBIT C

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM^ OOie
LOCATION : MerrlU Avanu* - Euclid to Grove
By: Sltra ItocKinnty
DATE: a/ 2/ 2022
Quantity Unit Item Unit
Price
Total Cost
Per item
36 EA RGB Stand pipe riser $ 4. 000. 00 $ 144. 000. 00
EngCostEstimate Page 12 of 14 Effective Date: January 1. 2016 227 RESOLUTION NO 2015- 078

EXHIBIT C

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM- 20O16
LOCATION : M«rrm Avtnu* - EucBd to Grov»
By: Stif* ItecKinn^ y
DATE; •/ 2/ 2022
Quantity Unit Item Unit
Price
Total Cost
Per Item

STORM DRAIN
STORM DRAIN SUBTOTAL $ 2, 048, 077. 50
PROJECT ADOmVES Project Contingencies 10% S 204, 807. 7$ Construction Staklna 3%$ 61. 442. 33
Soils Testing 1% S 20. 480. 78
Material Testing 1% t 20. 480. 78
Construction Insoection 2% S 40. 961. SS
Contract Administration 1% S 20. 480. 78
GRAND TOTAL STORM DRAIN ONLY 2, 416, 731. 48
EngCostEstimate Page 13 of 14 Effective Date: January 1, 2016 228 RESOLUTION NO 2015- 078

EXHIBIT C

CITYOFCHINO
H

ENGINEERING COST ESTIMATE
PROJECT NO: PM- 2001S
LOCATION: MefTlli Avenue - Euclid to Grove
By: Slare MacKhney
DATE: 8/ 2/ 2022
Quantity Unit Item Unit Total Cost
Price Per item
ENGINEER' S ESTIMATE GRAND TOTAL 6, 241, 281. 75

BY ENGINEER
Prepared By:

R. C. E. Number:

Expiration:
85559
9/ 30/ 2024
09/ 30/ 24
Place R. C. E. Stamp Here

BY CITY
Faithful Performance Bond ( 100% of Construction Cos^
Labor A material Bond ( 50% of Construction Cos^
Warranty Bond ( 10% of Construction Cos^
6, 241, 300. 00
3, 120, 600. 00
624, 100. 00
EngCos£ stimate Page 14 of 14 Effecttve Date: January 1. 2016 229 Bond No.; 1001151056
Contract No.: " Z07, 3 - \ '^ f\
Approved:

FAITHFUL PERFORMANCE BOND
OFF- SITE IMPROVEMENTS FOR PM 20016)
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as " CITY"' and EUCLID LAND VENTURE. LLC, hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 18. 2022. and identified as Project Name PM 20016. is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and U. S. Specialtv Insurance Company , as surety, are held and firmly bound unto the City of Chino in the penal sum of Six Million Two Hundred Fortv- One Thousand Three Hundred Dollars ($ 6. 241, 300. 00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

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

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

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on Seotmber 16. 2022 .

Euclid Land Venture. LLC U. S. Specialtv Insurance Companv

PRINCIPAL SURETY
By: SEE ATTACHED
Sarah C. Brown, Attorney- in- Fact

SIGNATURES MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
230
Euclid Land Venture, LLC, a Delaware limited liability company By: LIT West pntario, LLC,
a Delaware orized member
Signed by:

John M, Clinton, Senior Vice President
231
Bond No.: iqqii5105B
Contract No.:

Approved: tO/ i & /

LABOR AND MATERIAL BOND
OFF- SITE IMPROVEMENTS FOR PM 20016)
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as " CITY' and EUCLID LAND VENTURE. LLC, hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 18. 2022. and identified as Project Name PM 20016. is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Three Million One Hundred Twenty Thousand Six Hundred Dollars ($ 3. 120, 600. 00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attomeys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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

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

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect Its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on Septmber 16. 2022 .

Euclid Land Venture, LLC * U. S. Specialty Insurance Company

PRINCIPAL SURETY
By: SEE ATTACHED _
larah C. Brown, Attorney- in- Fact
SIGNArURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
232
Euclid Land Venture, LLC, a Delaware limited liability company By: LIT West Ontario, LLC,
a Delaware IThnited^ fabiiitv company, its authorized member Signed by:

John M. Clinton, Senior Vice President
233
CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 A notary public or other officer completing this certiftcate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfullness, accuracy or validity of that document, State of Colorado
County of,
On
Arapahoe
1 09/ 16/ 2022
personally appeared Sarah 0. Brown
before me Ashlea Mercede McCaughey . Notary Public
Nam« and TWe of NoUiry
Name am) or Names of Sioner( s)
Who proved to me on the basis of satisfactory evidence
to be the person( s) whose namefs) is/ are subscribed
to the within instrument and acknowledged to me that
he/ she/ they executed the same in his/ her/ their authorized capaclty( les), and that by his/ her/ their slgnature( s) on the Instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph Is true and correct.

Witness my hgfid and official^ al.

Signature^
TQNAL
Notary PvUtc
ASHLCA MERCeOE MCCAUGHEY

NOTARY PUBLK

HATE OF COLORADO
NOTARY ID 20164040S43
jMT rmiiimt opm octoier ? 4 mi
Pto» Notary Public SmI Above
Though the information t> eiow ts nor required by law, H may prove valuable to the persons retying on the document and could prevent fraudulent remove and reattachment of this form to another document.

Description of Attached Document
Title or Type of Document
Document Date
Signer' s Name:

Individual
D Corporate Officer - Title(s):

Partner - Limited General
Guardian or
Conservator0Attcrney-in-Fact
Trustee
Other
RtUHTTHUMURtlNT
OFSfUNER
Top of ifiumb
Signer is representing
Number of Pages:

Individual
CorporateOfficer - Title(s):

Partner - Limited General
Guardian or Conservator
Attorney- in-Fact
T rustee
Other
niOHTTHJVIURHINr
lop of thumb
Signer is representing
234
CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfuilness, accuracy or validity of that document.

State of J
County of }
before me, Lfi
OMa
Y^ V> r^ \ AA.personally appeared
c ,
Notary Public
Nam and or Names of 9gner( s)
Who proved to me on the basis of satisfactory evidence
to be the person( 5) whose name( s) is/ are subscribed
to the within instrument and acknowledged to me that
he/ she/ they executed the same in his/ her/ their authorized capaclty( les), and that by his/ her/ their slgnature( s) on the instrument the person( s). or the entity upon behalf of which the person( s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

Witness my hand and ofTicial seal.

Signature

OPTIONAL
N/
0 .< 1^ . V
1 '•* »\ V
PIsca Notary Pubilc Seal
Though the information below is not rBquked by law, it may prove valuable to the persons relying on the document and couM prevent haudulent fcmovaT and reattachment of this tbrm to anoT^ documenf.

Description of Attached Document
Title or Type of Document
Document Date
Signer' s Name:

Individual
CorporateOfficer - Title(s):

Partner - Limited General
Guardian or Conservator
Attorney-in-Fact
Trustee
Other:

RKiUTTHUMBPHtNT
or SIGNER
Tcp Of ihumb
Signer Is representing
Number of Pages;
Individual
CorporateOfficer- T!tle(s):

Partner - Limited General
Guardian or Conservator
Attorney-in-Fact
Trustee
Other
RiGHTTH- JMURHINr
O" £ IG'. E=<
Tcp Of thumb
Signer is representing
235

EUCLID LAND VENTURE, LLC
September 20, 2022
Mary Braun
City of Chine
Development Services Department
13220 Central Avenue
Chino, CA 91710
Re: Euclid Land Venture Public Improvement Agreement
Dear Mary:

Enclosed please fi nd the following executed original documents for your use:

Public Improvement Agreement, signed and notarized.

Performance and Labor/ Material Payment Bonds.

Certificate of Liability Insurance naming the City of Chino as additional insured.

If you have any questions, please contact me at your convenience at 949- 945- 6809.

Sincerely,

EUCLID LAND VENTURE, LLC,
a Delaware limited liability company
By: RBV Euclid, LLC, a Delaware limited liability company. Its Managing Member By: REDA Bascom Ventures, LLC, a Delaware limited liability company, its Managing Member By: Real Estate Development Associates, LLC, a California LLC, Its Administrative Member nston
or Vicesfiresident
4450 MacArthur Blvd., Suite 100 | Newpon Beach [ California 92660 949- 945- 6809 / jjohnston@redallc. com
236
KCORD
REDAREA- 01

CERTIFICATE OF LIABILITY INSURANCE

LCZERNIACHOWSKI

DATE ( MM/ DD/ YYYY)
9/ 20/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED', the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement( s).

PROTUCER License # 0M70471
Orion Risk Management Insurance Services, An Aiera Group Insurance Agency, LLC
1800 Quail Street, Suite 110
Newport Beach, Ca 92860
Lauren CzerniachowskI
r^lc.' No.Ext): ( 949) 608- 4916
lczerniachowskl@orlonrisk. com
FAX
JC. No):

INSURERISI AFFORpING CpVERME_
INSURER A: Capltol Spscial,^ jns Cprp_
WAICf
INSURER e HDl Special^ Insurance Company
Euclid Land Venture. LLC
4450 MacArthur Blvd Suite 100
Newport Beach, CA 92660
INSURER c : Westchester Surplus Lines Insurance Company INSURER 0 :

INSURER E :

INSURER F :
10328
16131
10172

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS iNSa
LTR

TYPE OF INSURANCE
ADDL
INSP
SU8R

WYP POUCY NUMBER

POLICY EFF
IMM® 0/ WYYI

POLICY EXP
LiHrre
A X COMMERCIAL G£ NERAL LIABIUTY
X 1OCCUR X CT2022025701 7/ 1/ 2022 7/ 1/ 2024

EACH OCCURRENCE ,
2, 000, 000
CLAIMS- MAt DAMAGE TO RENTED
PRFMISFS ' Fa onriirrMViH s
MED EXP ' Anv one oarson) s
PERSONAL a ADV INJURY
j 2, 000, 000
6ENI AGGREGATE LIMIT APFUES PER: GENERALAGGREGATE
j 4, 000, 000
POLICYIjy 1LOO
OTHER.

PRODUCTS - COMP/ OP A66
j 4, 000, 000
s

AUTOMOBILE LIABILITY
COMBINED SINO^ LIMIT
s
ANY AUTO BODILY INJURY ( Per oerson) s
OWNED

AUTOS ONLY
SIS^ CNLY

SCHEDULED
AUTOS BODILY INJURY ( Per aoadent) s
S!fmm
1 s
s
A
X

UMBRELLA LIAB

EXCESS LIAB

X OCCUR
CLAIMS4i( A0E X 0X2022026301 7/ 1/ 2022 7/ 1/ 2024

EACH OCCURRENCE
s 5, 000, 000

AGGREGATE
j 5, 000, 000
OED RETENTIONS Products/ Comp ( 5. 000. 000

WORKERS
COMPENSATIONANDEMPLOYERS' LIABILITY ^ ^
ANY PROPRIETOR/ PARTNER/ EXeCLmVE | 1
OFFICER/ MEMBER EXCLUDED?(
Mandatory In nTi) ' '
1' yes. descnbe under
OESCRIPTION OF OPERATIONS balCMr
NfA
1 PER OTH-
1 STATirrE ER
E. L EACH ACCIDENT s
E. L DISEASE EA EMPLOYE^ s
E. L. DISEASE - POLICY LIMIT s
OCD
Commercial Umbrella
Commercial Umbrella
CWXD5855300S
G72587959001
7/ 1/ 2022
7/ 1/ 2022
7/ 1/ 2024
7/ 1/ 2024
Occurrence/ Aggregate
Occurrence/ Aggregate
5, 000, 000
15, 000, 000
DESCRIPTION OF OPERATIONS' LOCATIONS' VEHICLES ( ACORO 101, AddHlonsI Remarks Schedule, may be attached If more spaca Is required) Certificate holder is listed as additional insured per the terms of the attached endosement.

Additional Named Insureds;
Grove Land Ventures, LLC
LIT West Ontario, LLC
Project consists of the construction of streets, signals, lights, dry utilities, storm drain, sewer and water lines in Ontario, CA involving Euclid Ave., Sultana SEE ATTACHED ACORD 101
City of Chine
Development Services Department
13220 Centra! Ave
Chine, CA 91710
1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIU. BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS.

The ACORD name and logo are registered marks of ACORD
237
AGENCY CUSTOMER ID: REDAREA- 01
LOC#: 1
ACORD'

ADDITIONAL REMARKS SCHEDULE
LCZERNIACHOWSKt

Page 1 of 1 ends

Chino City CouncilOctober 15, 2024

Chino City Council
October 15, 2024