Agenda packet — Chino City Council, March 18, 2025 (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, MARCH 18, 2025

REGULAR MEETING
AGENDA
6:00 PM
_________________________________________________________________________________

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

FLAG SALUTE

CEREMONIALS
Assemblymember Michelle Rodriguez' 2025 Women of the Year - Recognition of District 53 Assemblymember Michelle Rodriguez’ Woman of the Year awardee City of Chino Council Member Karen Comstock.

Chino Pop Warner Lady Colts Varsity 15U Cheer Team - Recognition of the Chino Pop Warner Lady Colts Varsity 15U Cheer Team National Championship Winners.

AGENDA ADDITIONS/REVISIONS

INFORMATION
External Agency Report for March 18, 2025. Receive and file the External Agency Report for March 18, 2025 (Covering Meetings from January 1 - January 31, 2025). 1 CHINO CITY COUNCIL
MARCH 18, 2025 2

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 774565 to 774796, and Electronic Fund Transfers 523915E to 524004E, totaling $4,769,287.47

2. Minutes. Regular Meeting Minutes for March 4, 2025 (Council Member Comstock Absent-Excused).

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. Report on Priority State and Federal Legislative Issues. Receive and file the Priority Legislative Items Report dated March 18, 2025; the Tracked State Legislation Report; and Position Letters on Legislation.

5. Appointment of City Treasurer. Adopt Resolution No. 2025 -011, appointing the Director of Finance as the City Treasurer.

6. Public Improvement Agreement for Project Nos. PL22 -0021 and PL22 -0022. Approve Public Improvement Agreements for Project Nos. PL22 -0021 and PL22 -0022 for single -family residential developments located at the southwest corner of "B" Street and 2nd Street.

7. Public Improvement Agreement with CarMax Auto Superstores, Inc. Approve a Public Improvement Agreement with CarMax Auto Superstores, Inc. for the CarMax Vehicle Wholesale Auction Facility located at 11708 East End Avenue.

8. Acceptance of CalRecycle Used Oil Payment Program (OPP15) Grant Funds. Accept CalRecycle Used Oil Payment Program (OPP15) Grant funds in the amount of $13,196.

9. Adoption of Ordinance No. 2025 -002. Adopt Ordinance No. 2025 -002, approving the Chino Police Department's "Military Equipment" Use Policy (Second Reading).

ORDINANCE NO. 2025-002 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA APPROVING THE UPDATED CHINO POLICE DEPARTMENT’S

MILITARY EQUIPMENT USE POLICY
2 CHINO CITY COUNCIL
MARCH 18, 2025 3

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 Burton
Council Member Comstock
Council Member Flores
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, April 1, 2025 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, March 13, 2025 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.
3 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 18, 2025

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

SUBJECT
..titl e
Assemblymember Michelle Rodriguez' 2025 Women of the Year ..end
..body

4 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 18, 2025

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

RECREATION

SUBJECT
..titl e
Chino Pop Warner Lady Colts Varsity 15U Cheer Team
..end
..body

5 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 18, 2025

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

SUBJECT
External Agency Report for March 18, 2025.
..end

RECOMMENDATION
..titl e
Receive and file the External Agency Report for March 18, 2025 (Covering Meetings from January 1 - 31, 2025)

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 assign ed 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 March 18, 2025, 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 businesses. The rep ort covers meetings that occurred from January 1 - 31, 2025.

6 CITY OF CHINO

MONTHLY AGENCY REPORTS
MARCH 18, 2025 - Covering meetings from January 1 – January 31, 2025 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: March 18, 2025

CHINO VALLEY CHAMBER OF COMMERCE
Council Representative: Christopher Flores | Staff Report By: Ellyse Martinez Meeting Date: January 21, 2024
• On January 10, City staff from the Economic Development Division attended the Fix Auto Chino Grand Opening. They presented the business with a certificate of congratulations and welcomed them to the community. The business is located at 4510 Carter Ct., Chino, CA 91710. • On January 10, Council Members Chris Flores and City staff from the Economic Development Division attended the Kidspeak Speech-Language Therapy Services Inc. Grand Opening. Council Member Flores presented the business with a certificate of congratulations and welcomed them to the City of Chino .

The business is located at 5632 Philadelphia St., Unit 106, Chino, CA 91710. • On January 25 , Council Member Chris Flores and City staff attended the Bevy Bean Grand Opening.

Council Member Flores presented the business with a certifica te of congratulations and spoke to the crowd on the importance of generational business owners in Chino. The business is located at 4735 Riverside Dr., Chino, CA 91710.
• On January 31, City staff attended the All-American Express Carwash Grand Opening and presented the business with a certificate of congrat ulations, noting its incredible service and commitment to the community. The business is located at 4089 Grand Ave., Chino, CA 91710.

Next anticipated meeting date: February 18, 2025

CHINO BASIN DESALTER AUTHORITY
Council Representative: Curtis Burton | Staff Report By: Pete Vicario Meeting Date: January 21, 2025
The Chino Basin Desalter Authority (CDA) reported that 368 acre -feet of water was delivered to the City of Chino in December.
7 MONTHLY AGENCY REPORTS – MARCH 18, 2025 (Covering Meetings from 1/1/25 – 1/31/25) PAGE 2

The CDA Technical Advisory Committee (TAC) recommended the following, all of which were approved:
• Approve a Cost -of-Living Adjustment of 2.3% for all CDA employees, effective the first pay period of 2025. The total increase on the budget for calendar year 2025 is estimated at $15,362. The impact on the current adopted budget FY 2024/25 is $7,816 (January 2025 to June 2025). • Approve an increase of CDA’s retirement contribution rate for full -time employees from 20% to 25% starting 2025. The total increase to the budget is estimated at $18,500 annually and would be incorporated into the FY 2025/26 budget.

Next anticipated meeting date: February 18, 2025

CHINO BASIN WATERMASTER
Council Representative: Curtis Burton | Staff Report By: Benjamin Orosco Meeting Date: January 23, 2025
The Chino Basin Watermaster Board of Directors approved the 47th Annual Report covering fiscal year 2023/24. The report summarizes Watermaster’s activities during the fiscal year and includes the Assessment Package and the annual audit. The Annual Report will be filed with the Court. The report was presented to the Pool Committees on January 9, 2025, and to the Advisory Committee on January 16, 2025, where it was unanimously recommended to the Board for adoption and filing with the Court.

Next anticipated meeting date: February 27, 2025

CHINO VALLEY INDEPENDENT FIRE DISTRICT - LIAISON TO BOARD OF DIRECTORS Council Representative: Karen Comstock | Staff Repor t By: Linda Reich Meeting Date: January 8, 2024
Closed Session
Fire Chief Dave William’s evaluation was discussed during Closed Session.

Presentations/Announcements
The Board recognized Battalion Chief Wayne Fontes on his retirement. Others, including Council Member Karen Comstock on behalf of the City of Chino, also recognized him.

Liaison Reports to Fire District
Council Member Comstock thanked the fire service and all first responders on behalf of the City of Chino.

Fire Chief Report
Chief Williams reported that on January 25, the Fire District will partner with the American Red Cross and the Chino Police Department for a “Sound the Alarm” event at Pembroke Downs Mobile Home Park. The event provides free smoke alarm installation and home fire safety education to residents.

Consent Calendar
The Board unanimously adopted the Consent Calendar, which included a report on District programs and 8 MONTHLY AGENCY REPORTS – MARCH 18, 2025 (Covering Meetings from 1/1/25 – 1/31/25) PAGE 3

operations for December 2024, a Financial Report for November 2024, and the Treasurer’s report for November 2024.

Next anticipated meeting date: February 12, 2025

CHINO VALLE Y UNIFIED SCHOOL DISTRICT
Council Representative: Curtis Burton | Staff Report By: Vivian Castro Meeting Date: January 16, 2024
Tentative Agreement Between CVUSD and the Associated Chino Teachers – The Board unanimously approved to ratify the Tentative Agreement between the Chino Valley Unified School District and the Associated Chino Teachers, effective July 1, 2024.

Maximum Annual Contribution to Health and Welfare Benefits Premium for Certificated and Classified Management – The Board unanimously approve d to increase the District’s maximum annual contribution to the Health and Welfare benefits premium for the 2025/2026 school year, and to provide a one -time, off schedule payment of $1,350 for the 2024/2025 school year for certificated and classified management employees.

Employment Contracts for Various Executive Staff – The Board voted 4-1, with Monroe voting no, to approve employment contracts for the Deputy Superintendent; Associate Superintendent, Business Services; Assistant Superintendents: Curriculum, Instruction, Innovation, and Support; and Facilities, Planning, and Operations.

Board Compensation – The Board of Education unanimously approved a 5% compensation increase for itself, effective January 17, 2025.

Next anticipated meeting date: February 20, 2025
CHINO VALLEY UNIFIED SCHOOL DISTRICT – MEASURE G OVERSIGHT COMMITTEE Council Representative: Karen Comstock | Staff Report By: Silvia Avalos Meeting Date: January 29, 2025
Measure G 2023 Financial/Performance Audit Report - The audit report covered the period of July 1, 2023, to June 30, 2024. Audit results indicated that, in all material respects, the District properly accounted for the expenditures held in the Building Funds (Measure G) and that the expenditures were made for authorized Bond projects. It also noted that funds held in the Building Fund (Measure G), and expended by the District, were used for salaries only to the extent they perform administrative overs ight work on construction projects as allowable per Opinion 04-110 issued on November 9, 2004, by the State of California Attorney General.

Next anticipated meeting date: April 30, 2025
CITIZEN’S COMMITTEE FOR CIM & CIW
Council Representative: Marc Lucio | Staff Report By: Aaron Kelliher No meeting during this reporting period.

Next anticipated meeting date: March 11, 2025
9 MONTHLY AGENCY REPORTS – MARCH 18, 2025 (Covering Meetings from 1/1/25 – 1/31/25) PAGE 4

INLAND EMPIRE UTILITIES AGENC Y REGIONAL SEWERAGE COMMITTEE Council Representative: Curtis Burton | Staff Report by: Benjamin Orosco Meeting Date: January 30, 2025
Action Items
Building Activity Report (BAR) Subcommittee Update- The Subcommittee has had ongoing discussions about streamlining the sewer connection fee process through a standardized fixture count worksheet. Currently, all Sewer Collection Agencies use an in -house developed form that varies from agency to agency. The Sewer Collection Agencies , along with IEUA, have collaborated and developed a final draft of this worksheet. All Subcommittee members have reviewed and approved the final draft and are ready to implement upon formal adoption. The BAR Subcommittee will route it through the Regional Technical Committee for final approval and adoption. Upon approval of the worksheet, the BAR Subcommittee will host a training workshop for all users of the worksheet within the service area, followed by a scheduled implementation date.

Informational
Rate-Setting Process and Schedule - The rate -setting process, which includes rates for recy cled water, wastewater treatment, potable water, and administrative costs, consists of a thorough review of the operating and capital plan budget needs for the next two years, an evaluation of key operating and planning assumptions, and an assessment of cost containment measures to help moderate increases in rates and charges. The goal is to finalize and adopt a two-year rate, with IEUA Board approval targeted for the April 16, 2025, Board meeting.

Next anticipated meeting date: February 27, 2025
LEAGUE OF CALIFORNIA CITIES – INLAND EMPIRE DIVISION
Council Representative: Marc Lucio | Staff Report by: Jackie Melendez Meeting Date: January 16, 2024
The League of Cities IE Division held a welcome dinner reception at Fleming’s restaurant in Rancho Cucamonga for City Council members and City Managers . The event introduced the League and its various services and activities to the newly elected council members. It allowed the elected representatives and city managers to network on issues of interest to Inland Empire cities.

Next anticipated meeting date: March 20, 2025

OMNITRANS BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: January 8, 2024
The Board approved an amendment to the Short-Range Transit Plan, which included scheduled fare increases for Fiscal Year 2026 . Based on a review of post -pandemic recovery levels , which have not met expectations, staff recommended postponing the fare increase to help continue ridership and service recovery. Staff indicated that the lack of a fare increase was not expected to impact the budget significantly.

Next anticipated meeting date: February 5, 2025
10 MONTHLY AGENCY REPORTS – MARCH 18, 2025 (Covering Meetings from 1/1/25 – 1/31/25) PAGE 5

ONTARIO INT ERNATIONA L AIRPORT AUTHORITY (OIAA)

INTER -AGENCY COLLABORATIVE (ROUNDTABLE)
Council Representative: Christopher Flores | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: TBD

SAN BERNARDINO COUNTY BOARD OF SUPERVISORS
Staff Report By: Rogelio Huerta
Meeting Date: January 14, 2025
No items to report.

Meeting Date: January 28, 2025
Line Fire Mutual Aid - At the January 28th meeting, the Board of Supervisors addressed the financial implications of the recent Line Fire emergency. Under Item No. 59, the Board authorized the Sheriff/Coroner/Public Administrator to execute post- event agreements with the Chino, Montclair, Ontario, and Upland police departments.

These agreements are designed to facilitate reimbursement for costs incurred by these agencies while providing mutual aid during the fire.

Next anticipated meeting date: February 11, 2025

SAN BERNARDINO COUNTY SOLID WASTE ADVISORY TASK FORCE
Council Representative: Christopher Flores | Staff Report by: Xo chitl Huerta No meeting during this reporting period.

Next anticipated meeting date: April 16, 2025

SAN BERNARDINO CO UNTY TRANSPORTATION AUTHORITY (SBCTA) BOARD OF DIRECTORS Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: January 8, 2024
Ad Hoc Committee Appointments - The Board established appointments to various Ad Hoc committees.

Included in this item was the appointment of Mayor Ulloa to the Transit Committee.

Landscape Maintenance Contract - The Board approved the award of a 4-year contract to Mariposa Landscapes, Inc. for continued landscape establishment and landscape maintenance of the newly completed SR-60 / Central Avenue bridge project. The award was for an amount not to exceed $752,930, which would be funded by Measure I Valley Freeway Interchange Program funds and local funds from Chino.

South Coast Air Quality Management District (SCAQMD) Proposed Rules - A controversial topic on the agenda was SBCTA’s resolution to oppose SCAQMDs proposed rule changes , which would require the phased- in replacement of residential gas-fired water heaters and furnaces with electric units beginning in 2026. The goal of the rules is to eliminate nitrogen oxide emissions from the burning of natural gas. Numerous public speakers, 11 MONTHLY AGENCY REPORTS – MARCH 18, 2025 (Covering Meetings from 1/1/25 – 1/31/25) PAGE 6

who identified themselves as residents of the County and members of environmental protection groups, spoke against SBCTA’s resolution to oppose SCAQMD’s proposed rules. Those speakers asked SBCTA to continue the item to allow for more discussion or to vote down the resolution. The Board, however, voted to adopt the resolution opposing the proposed rules , citing the higher cost impacts of installing and operating electric devices and the increase in electrical demand under the proposed rules . The Board also noted the conflict between the State’s affordable housing mandates and the proposed rules.

Next anticipated meeting date: February 5, 2025
SBCTA – CITY SELECTION COMMITTEE
Council Representative: Eunice Ulloa | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: TBD
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS ( SCAG ) – GENERAL ASSEMBLY Council Representative: Marc Lucio | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: May 1– 2, 2025

SANTA ANA WATERSHED ADVISORY COUNCIL
Council Representative: Karen Comstock | Staff Report by: Benjamin Orosco No meeting during this reporting period.

Next anticipated meeting date: April 1, 2025

WATER FACILITIES AUTHORITY BOARD OF DIRECTORS
Council Representative: Curtis Burton | Staff Report by: Benjamin Orosco Meeting Date: January 16, 2025
General Manager’s Report
The Metropolitan Water District plans to construct distribution infrastructure, allowing service from Diamond Valley Lake to the forebay at Devils Canyon, which supplies the Rialto Pipeline. This is currently being discussed, and there are no anticipated construction dates. The Rialto Pipeline, built in 1972, spans approximately 30 miles and delivers untreated water from the State Water Project to the F.E. Weymouth Water Treatment Plant in LaVerne. From there, the water is sent to WFA, which supplies the City of Chino's upper zones. 12 MONTHLY AGENCY REPORTS – MARCH 18, 2025 (Covering Meetings from 1/1/25 – 1/31/25) PAGE 7

The Metropolitan Water District plans to replace a 35 -foot segment of steel pipe on the Rialto Pipeline and upgrade key valves to improve the pipeline's long-term reliability and support future water supply needs. Work will occur at various locations along the pipeline, and the shutdown will happen from February 12 to 25, 2025.

Next anticipated meeting date: March 20, 2025

WEST END ANIMAL SERVICES AGENCY JOINT POWERS AUTHORITY
Council Representative: Curtis Burton | Staff Report by: Rogelio Huerta No meeting during this reporting period.

Next anticipated meeting date: February 6, 2025

WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
Council Representative: Chris Flores | Staff Report by: V ivian Castro No meeting during this reporting period.

Next anticipated meeting date: February 25, 2025
13 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 18, 2025

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 774565 to 774796, and Electronic Fund Transfers 523915E to 524004E, totaling $4,769,287.47. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 24-25 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:
 Financial Stability

Revenue:

Expenditure:
14 CITY COUNCIL MEETING DATE: MARCH 18, 2025
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. 774565 – 774703 2/27/25 24-25 $724,385.26

2. 774705 – 774796 3/6/25 24-25 $726,143.06

3. 523915E – 523971E 2/28/25 24-25 $2,631,190.98

4. 523972E – 524003E 3/7/25 24-25 $687,255.17

5. 524004E 3/7/25 24-25 $313.00
TOTAL $4,769,287.47

E: Electronic Fund Transfers

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

Attachment

15 Council Meeting 3/18/25

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

Check
Number Check Date Vendor Name Description Amount
774643 02/27/2025 M K SMITH CHEVROLET CHEVROLET 1500 REGULAR CAB TRUCK $172,024.58 774677 S/B COUNTY ASSOC GOVERNMENTS SR60/CENTRAL INTERCHANGE PROJECT $197,889.48 523915 02/28/2025 10-8 RETROFIT INC

RETROFITTING & MAINTENANCE OF FLEET
VEHICLES $76,586.65
523939 HERITAGE DESIGN BUILD & CONSULTING STREET LIGHT MAINTENANCE SERVICES $54,974.26 523943 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $1,635,762.20 523947

LANDSCAPE WEST MANAGEMENT SERVICES,
INC. LANDSCAPE MAINTENANCE $67,950.00
523952 MERCHANTS LANDSCAPE SERVICES, INC. LANDSCAPE MAINTENANCE $50,413.02 523956 MODEL 1 COMMERCIAL VEHICLES, INC. CITY CONSIDERATION 10/01/24-12/31/24 $131,032.37 523968 WATER FACILITIES AUTHORITY IMPORTED WATER PURCHASE $383,716.97 774705 03/06/2025 ALESHIRE & WYNDER LLP CITY ATTORNEY SERVICES $118,512.80 774781 SO CAL EDISON CO SERVICE PERIOD: 01/06-03/02 $245,956.98 523974 03/07/2025 CIVICA LAW GROUP, APC LEGAL SERVICES $56,640.33 523977 CONTROL TECH WEST INC TRAFFIC SIGNAL PARTS $123,975.00 523981 ELECNOR BELCO ELECTRIC INC TRAFFIC INSTALL-FERN @EUCALYPTUS $288,134.05

14 TOTAL $3,603,568.69

16 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 18, 2025

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

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

17 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, MARCH 4, 2025

MINUTES
CLOSED SESSION 5:30 PM
OPEN SESSION 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The March 4, 2025, Regular Meeting of the City of Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5:30 pm by Mayor Eunice M. Ulloa in the Council Chambers.

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

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.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code 54956.8; Property: APN: 1014 -052-040000; 5349 E. Phillips Blvd., Chino, CA; Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: Thi, Christopher Family Trust 8-18-1; Under Negotiation: Price and Terms of Potential Acquisition The City Council recessed to Closed Session at 5:31 p.m. and concluded at 5:49 p.m. The City Council reconvened the meeting at 6:02 p.m.

FLAG SALUTE
Council Member Flores led the Pledge of Allegiance.

CEREMONIALS
National Nutrition Month - Proclaim March 2025, as National Nutrition Month implemented by the Academy of Nutrition and Dietetics.

Mayor Ulloa read into the record a Proclamation designating March 2025 as National Nutrition Month in Chino. Rachel Phelps, City of Chino Community Services, Parks & Recreation Coordinator and Amy Wong, Chino Valley Unified School District Nutrition Supervisor, were 18 CHINO CITY COUNCIL
MARCH 4, 2025 2
present to accept the Proclamation.

Healthy Chino 20-Year Cookbook Cover Challenge - Recognition of the Healthy Chino 20 -Year Cookbook Cover Challenge Student Winner.

Mayor Ulloa called up Brittany Zarcal, City of Chino Community Services, Parks & Recreation Supervisor, Rachel Phelps, Community Services, Parks & Recreation Coordinator, Holli Orantez-Rodriguez, Doris Dickson Soar Specialist, and Chanel Jaco, the Cookbook Challenge Cover Winner. Mayor Ulloa presented a Certificate of Recognition to Chanel Jaco and her cookbook cover artwork was displayed.

Business of the Month - Award of Business of the Month for March 2025 to Titan Burgers Chino.

Mayor Ulloa presented the March 2025 Business of the Month Award to Titan Burgers. Owner Andreas Haralampopoulos and his family were present to accept the award.

Mayor’s Home Beautification Award - Award of Mayor’s Home Beautification Award for March 2025.

Mayor Ulloa presented the Mayor's Home Beautification Award for March 2025 to Paul and Karen Larson of Eisenhower Court in Chino.

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

CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code 54956.8; Property: APN: 1014 -052-040000; 5349 E. Phillips Blvd., Chino, CA; Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: Thi, Christopher Family Trust 8-18-1; Under Negotiation: Price and Terms of Potential Acquisition The City Council held a discussion, 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 Family Day is Saturday, March 15, 2025, from 10:00 a.m. to 2:00 p.m. For information, visit cityofchino.org/HFD.

Chino Rancho Park Grand Opening is Saturday, March 15, 2025, at 9:00 a.m. For information, visit cityofchino.org/chinoranchopark.

Community Emergency Response Team (CERT) Training is March 18 -29, 2025, at the Chino Police Department, 5450 Guardian Way. For information and to sign up, visit cityofchino.org/CERT.
19 CHINO CITY COUNCIL
MARCH 4, 2025 3

PUBLIC COMMUNICATIONS
Chaplain Mike Spradlin, Chino Police Department, provided the invocation.

Maureen Mendoza, spoke regarding the City street sweeping program, expressed appreciation regarding the installation of cameras in her neighborhood, and requested an update on her letter regarding the Animal Resource Center.

PRESENTATION
Chino Valley Chamber of Commerce. Presentation on Chamber Updates by Zeb Welborn, President, Chino Valley Chamber of Commerce.

Zeb Welborn, President, Chino Valley Chamber of Commerce, provided a presentation on the Chamber 2024 Annual Impact Report.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 774352 to 774564, and Electronic Fund Transfers 523827E to 523914E, totaling $3,343,851.05.

2. Minutes. Regular Meeting Minutes for February 18, 2025 (All Members Present).

4. Adoption of Ordinance No. 2025 -001 - Chapter 8.12 Fireworks. Approve the Adoption of Ordinance No. 2025 -001 (Second Reading ), Amending Chapter 8.12 of the Chino Municipal Code Pertaining to Fireworks.

5. Contract Amendment - General Plan Check & Other Related Engineering Services (Cannon Corporation). Approve contract amendment No. 2 with Cannon Corporation, Contract 2024-067, for $120,000 for a revised contract amount of $395,000 for general plan check and other related engineering services.

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

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

ABSENT: COMSTOCK

PUBLIC HEARING

6. Assembly Bill (AB) 481 - Funding, Acquisition, and Use Policy. Introduction of Ordinance No. 2025-002, approving the Chino Police Departments Funding, Acquisition, and Use Policy per the requirements of Assembly Bill (AB) 481.

Staff Report By: Lieutenant Aaron Kelliher
20 CHINO CITY COUNCIL
MARCH 4, 2025 4
RECOMMENDATION: 1) Conduct a Public Hearing and 2) approve the introduction of Ordinance No. 2025 -002, approving the Chino Police Department's "Military Equipment" Use Policy per the requirements of Assembly Bill (AB) 481, to be read by number and title only and waive further reading of the ordinance.

Mayor Ulloa opened the public hearing.

Lieutenant Aaron Kelliher provided a presentation on the item.

There being no requests to address the City Council on the item, Mayor Ulloa closed the public hearing.

City Attorney Galante read the Ordinance by number and title only, waiving further reading of the ordinance:

ORDINANCE 2025 -002 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA APPROVING THE UPDATED CHINO POLICE DEPARTMENT'S MILITARY EQUIPMENT USE POLICY.

Motion by Council Member Flores, seconded by Mayor Pro Tem Burton, to 1) Conduct a Public Hearing and 2) approve the introduction of Ordinance No. 2025 -002, approving the Chino Police Department's "Military Equipment" Use Policy per the requirements of Assembly Bill (AB) 481, to be read by number and title only and waive further reading of the ordinance. The motion carried by the following vote:

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

ABSENT: COMSTOCK

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events including the West End Mayor's Roundtable meeting; meeting with Attorney Jimmy Gutierrez; Chino Valley Mayor's Prayer Breakfast; Read books to Howard Cattle Elementary School students; City Manager meeting; and Closed Session.

Mayor Pro Tem Burton

7. Community Support Fund - Mayor Pro Tem Burton. Approve a community support fund contribution to Soroptimist International of the Chino Valley Spring Bingo and Rancho Del Chino Rotary Club.

Staff Report By: Mayor Pro Tem Burton
RECOMMENDATION: Approve a community support fund contribution of $250 to Soroptimist International of the Chino Valley Spring Bingo and $250 to Rancho Del Chino Rotary Club for Bingo.

Motion by Council Member Flores, seconded by Council Member Lucio, to approve a community support fund contribution of $250 to Soroptimist International of the Chino Valley Spring Bingo and $250 to Rancho Del Chino Rotary Club for Bingo. The motion carried by the following vote:
21 CHINO CITY COUNCIL
MARCH 4, 2025 5
AYES: ULLOA, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: COMSTOCK
Mayor Pro Tem Burton reported on the following meetings and events including the Planning Commission meeting; Grand Re -Opening of Ruben S. Ayala Park's softball fields; City Manager meeting; Chino Valley Mayor's Prayer Breakfast; Chino Basin Watermaster meetings; Student Government Day; Read books to Howard Cattle Elementary School students; Chino Police Department Swearing in Ceremony; Chino DairyAire 5K; City Manager meeting; meeting with a resident; and congratulated Mr. and Mrs. Larson for being awarded the Mayor's Home Beautification Award.

Council Member Comstock
Council Member Comstock had an excused absence.

Council Member Flores
Council Member Flores reported on the following meetings and events including the Grand Opening of Wendy's Beauty Bomb Spa and Golden Hour Aesthetics; Grand Re -Opening of SWEAT Sports Training Facility; Ribbon Cutting Ceremony for Ranch Sports Facility; City Manager meeting; and congratulated Titan Burgers for being awarded Business of the Month.

Council Member Lucio

8. Community Support Fund - Council Member Lucio. Approve a community support fund contribution to various nonprofit organizations.

Staff Report By: Council Member Lucio
RECOMMENDATION: Approve a community support fund contribution of $500 to Chino American Little League, $500 to Chino AYSO Region 67, $500 to Chino Girls Fastpitch Softball, $1,000 to Chino High School Sports Booster Club for the Chino High School Wrestling Program, $500 to the Chino National Little League, $500 to Chino Pop Warner, $1,000 to Chino Youth Boxing Foundation, and $250 to Kiwanis Club of Chino Corn Feed Run.

Motion by Council Member Flores, seconded by Mayor Pro Tem Burton, to approve a community support fund contribution of $500 to Chino American Little League, $500 to Chino AYSO Region 67, $500 to Chino Girls Fastpitch Softball, $1,000 to Chino High School Sports Booster Club for the Chino High School Wrestling Program, $500 to the Chino National Little League, $500 to Chino Pop Warner, $1,000 to Chino Youth Boxing Foundation, and $250 to Kiwanis Club of Chino Corn Feed Run. The motion carried by the following vote:

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

ABSENT: COMSTOCK
Council Member Lucio reported on the following meetings and events including the Chino Valley Mayor's Prayer Breakfast; Chino Rancho Park meeting with a State of California representative; City Manager meeting; General Plan Ad Hoc Committee meeting; Infrastructure/Streets Committee meeting; visited Smash Golf; Chino Day at Empire Strykers; 22 CHINO CITY COUNCIL
MARCH 4, 2025 6
City of Chino Hills meeting; City Manager meeting; and announced Chino High School's Wrestling Champion Natalie Blanco as State Champion.

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

City Attorney's Report
City Attorney Galante reported regarding the recent Supreme Court decision on City and County of San Francisco v. Environmental Protection Agency regarding storm drain trash capture.

Police Chief's Report
Police Chief Mensen provided an update on the Police Department's recent Swearing in Ceremony and spoke regarding cargo theft prevention efforts.

Director's Report
Terry Doyle, Director of Human Resources and Risk Management, introduced the new Deputy Director of Human Resources and Risk Management, Krystle Murillo.

Hye Jin Lee, Director of Public Works, announced the Eucalyptus and Fern traffic signal is now operational; provided an update on the progress of the Rialto feeder pipeline improvements; and reported the regulation changes under the Clean Water Act and the National Pollutant Discharge Elimination System benefits local agencies.

Fire Chief's Report
Deputy Fire Chief Carlos Skibar provided updates on the Fire District's recruitment; provided information about sandbag availability in preparation for the upcoming weather event; and announced the Chino Valley Fire Foundation's Saint Patty's Fest fundraiser.

ADJOURN
The meeting adjourned at 7:21 p.m. The next Regular Meeting of the City Council will be held on Tuesday, March 18, 2025 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 18TH DAY OF MARCH 2025.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 18, 2025

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:
24 CITY COUNCIL MEETING DATE: MARCH 18, 2025
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

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

26 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 18, 2025

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

SUBJECT
..titl e
Report on Priority State and Federal Legislative Issues. ..end

RECOMMENDATION
Receive and file the March 18, 2025 Priority Legislative Items Report, the Tracked State Legislation Report, and the Report on City Position Letters. ..body

FISCAL IMPACT
There is no fiscal impact.

27 CITY COUNCIL MEETING DATE: MARCH 18, 2025
TITLE: REPORT ON PRIORITY STATE AND FEDERAL LEGISLATIVE ISSUES.

PAGE: 2

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 impact 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, t he 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 Priority Legislative Items Report includes legislative and go vernment relations issues of note to the City (Attachment 1).

The Tracked State Legislation Report (Attachment 2) reflects the City's position on active bills being tracked during the current state legislative session.

The Report on City Position Letters is found in Attachment 3.

28 1
CITY OF CHINO – MAJOR LEGISLATIVE ITEMS REPORT
(Attachment 1)
As of March 13, 2025

INFORMATIONAL ITEMS
Federal Update
• FY 2025 Federal Budget – The federal budget continues to operate at Fiscal Year (FY) 2024 levels through March 14, 2025, under a continuing resolution (CR). Government funding is set to expire on March 14, when the current CR for FY 2025 expires. To avoid a government shutdown, lawmakers will need to pass , and the President will need to sign , 12 appropriations bills for FY 2025 or enact a CR to fund the government, which is the route currently being pursued.

On March 11, the House passed a CR (H.R. 1968, Full-Year Continuing Appropriations and Extensions Act, 2025) to fund the government through September 30 on a vote of 217-213, sending it to the Senate. The House vote was among party lines, with only one Republican voting against the CR and one Democrat voting for it. In the Senate, Democratic support will be necessary to pass the CR . While Republicans control 53 of the 100 seats, 60 votes are needed to limit debate. As of March 13, the CR remains in the Senate as the budget deadline looms.
• President Trump’s Administration
o Executive Orders – As of March 11, President Trump has signed approximately 90 Executive Orders. The list can be found here.
o Cabinet – As of March 12, the Senate had confirmed 22 of the President’s 23 cabinet appointees, with the appointment of Elise Stefanik as U.S. Ambassador to the United Nations pending. The list of nominees can be found here.

State Update
• 2025-26 Legislative Session – A total of 2,559 bills were introduced in the state legislature by the February 21, 2025 deadline. While some remain spot bills, most are being scheduled for consideration by the respective policy committees.
• League of California Cities – The League of California adopted its “2025 Advocacy Priorities” and “2025 Sponsored Bills.” Those documents are included as part of this report.

The City of Chino is tracking the League’s bills.

TRACKED STATE LEGISLATION REPORT (Attachment 2)
Attachment 3 provides a report on all City of Chino-tracked state legislation to date. Some of the 29 2
bills introduced are “spot” bills that do not contain substantive changes to the law. Those bills are excluded from this report and will be included in later reports as appropriate.

POSITION LETTERS (Attachment 3)
On March 11, Mayor Eunice Ulloa, on behalf of the City, signed a letter to Assembly Member John Harabedian, the Chair of the Joint Legislative Audit Committee, requesting an audit of the California Institution for Men.

CHINO CITY COUNCIL LEGISLATIVE POLICY COMMITTEE MEETING The Legislative Policy Committee's meeting is scheduled for Monday, March 17 , 2025, at 4:00 p.m. in Council Chambers.

STATE LEGISLATIVE CALENDAR
 Apr. 10 – Spring Recess begins upon adjournment
 Apr. 21 – Legislature reconvenes from Spring Recess
 May 2 – Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house.
 May 9 – Last day for policy committees to hear and report to the Floor nonfiscal bills introduced in their house.
 May 16 – Last day for policy committees to meet prior to June 9.  May 23 – Last day for fiscal committees to hear and report to the Floor bills introduced in their house. Last day for fiscal committees to meet prior to June 9.  May 26 – Memorial Day observed.
30 League of California Cities 2025 Advocacy Priorities

1. Protect local revenues and expand economic development tools. Safeguard and modernize revenue streams for local priorities. Pursue new economic development opportunities that bolster local economies and cultivate a strong local workforce, including expanded workforce recruitment and retention tools.

2. Strengthen climate change resiliency and disaster preparedness. Support city efforts to prepare, prevent, and adapt to natural disasters and the impacts of climate change, including wildfires, drought, sea level rise, and other extreme weather events. Increase transparency and access to insurance policies, especially following a natural disaster.

3. Strengthen and modernize critical infrastructure. Dedicate new resources and protect existing funding to maintain and improve essential infrastructure, including bridges, roads, broadband, and the state’s water supply and energy grid.

4. Secure investments to prevent and reduce homelessness and increase the supply of affordable housing. Secure dedicated funding to bolster cities’ long-term planning efforts to support unhoused residents and accelerate the construction of affordable housing. Strengthen state and regional partnerships to expand access to wraparound services and improve the housing element planning process. Ensure cities have the flexibility and decision-making authority to meet their community and state housing goals and reduce homelessness.
31 League of California Cities 2025 Sponsored Bills

Each year, Cal Cities partners with lawmakers to sponsor legislation that will further Cal Cities’ organizational and advocacy priorities. Below is a list of sponsored bills for the 2025 legislative session. If you have general questions, please contact Jason Rhine, Director of Legislative Affairs at [email protected].

Community Services - Caroline Grinder, [email protected]:

AB 424 (Davies) Alcohol and other drug programs: complaints.

This measure would require the Department of Health Care Services to notify cities when their complaint is received, when the investigation concludes, and the outcome.

AB 492 (Valencia) Alcohol and drug programs: licensing.

This measure would require the Department of Health Care Services to notify cities any time they approve a new license for an alcohol or drug treatment facility in their jurisdiction.

SB 329 (Blakespear) Alcohol and drug recovery or treatment facilities: investigations.

This measure would implement timelines for when the Department of Health Care Services must respond to complaints. The department would need to assign complaints to staff within 10 days of receiving them and complete an investigation within 60 days.

SB 456 (Ashby) Supporting public art and protecting muralists.

This measure would exempt muralists from having to obtain a contractors license through the California State Licensing Board before being commissioned for public and private art projects.

SB 569 (Blakespear): Homeless Encampment Collaboration Act.

This measure would increase communication between the Department of Transportation and local governments to address encampments on state property.

Environmental Quality – Melissa Sparks-Kranz, [email protected]:

AB 846 (Connolly): Streamlined permitting: wildfire preparedness.

The bill would expedite environmental permits for local wildfire preparedness projects in fire-risk areas near urban communities.

SB 454 (McNerney): PFAS mitigation fund.

The bill would propose the development of a PFAS Mitigation Fund to help clean up manmade PFAS contamination in water supplies and wastewater.

AB 996 (Pellerin): Local Coastal Program review.

This bill will be amended to define a clearer review process for the certification for local coastal programs through the Coastal Commission to help local governments update LCPs, including with the latest sea level rise science, planning, and implementation efforts.

AB 262 (Caloza): Disaster assistance funding.

This bill will be amended to authorize the California Office of Emergency Services to prioritize California Disaster Assistance Act (CDAA) funding for communities that are not eligible for federal FEMA funding, as well as create an individual assistance program under CDAA.

Governance, Transparency, and Labor Relations – Johnnie Pina, [email protected]:

SB 239 (Arreguín) Open Meetings: Teleconferencing: Subsidiary Body. 32 This bill would allow public members of non-decision-making advisory bodies to meet remotely without posting their location or making that location available to the public.

Housing, Community and Economic Development – Brady Guertin, [email protected]:

AB 650 (Papan): Planning and zoning: housing element: regional housing needs allocation This bill will be amended to significantly improve the housing element review process by encouraging local jurisdictions to begin planning earlier and providing greater clarity and certainty to a difficult and complex process. AB 650 would allow local jurisdictions to begin the housing element update process six months earlier than what is required under existing law; incentivize local jurisdictions to submit their draft housing element to HCD 180 days sooner than required by law; and require HCD to provide written communication that identifies specific deficiencies in the draft, and text or analysis that HCD believes needs to be included to comply with the law.

Revenue and Taxation – Ben Triffo, [email protected]:

SB 346 (Durazo): Local Agencies: Transient Occupancy Taxes: Short-Term Rental Facilitator.

This measure would, if a local agency chooses to opt-in, require short-term rental platforms, upon request, to provide the Assessor Parcel Number (APN) of a listing to a local agency, require the publishing of the local license number and Transient Occupancy Tax (TOT) Certification on the short-term rental listing, and would authorize audit authority to local agencies on TOT when collected and remitted by a short-term rental platform.

Transportation, Communication and Public Works – Damon Conklin, [email protected]:

AB 476 (Gonzalez): Public Infrastructure: Copper Theft.

Cities across the state have all dealt with copper wire theft and have needed to expend substantial amounts of resources on enforcement and repairs. This measure would add new reporting and licensing requirements for scrap metal sellers and would expand restricted/illegal metal possession without proper documentation.

SB 74 (Seyarto): Infrastructure Gap Funding.

This measure would establish the "Gap Fund,” managed by the Office of Land Use and Climate Innovation (LCI), which will offer grants for the remaining 20 percent of project costs to cities and local agencies. To be eligible, the project must be 80 percent financed with 10 percent coming from local funds; “Gap Fund” grants can be used once per project and the infrastructure projects should be shovel ready.

SB 496 (Hurtado): Advanced Clean Fleets: Appeals Board.

This measure would create an appeals advisory committee made up of state agencies, industry experts, fleets, and local governments to review denied petitions for exemption and extension to the California Air Resource Board (CARB) Advanced Clean Fleets (ACF) regulation. 33 1
TRACKED STATE LEGISLATION REPORT (Attachment 2)
As of March 18, 2025
The Tracked State Legislation Report (Attachment 2) reflects the City's position on active bills being tracked during the current state legislative session.
34 1

Wednesday, March 12, 2025
Governance
AB 259 (Rubio, Blanca, D) Open meetings: local agencies: teleconferences.

Current Text: 01/16/2025 - Introduced HTML PDF
Status: 02/10/2025 - Referred to Com. on L. GOV.

Summary: The Ralph M. Brown Act mandates that meetings of local legislative bodies be open and accessible to the public, with some exceptions. It allows these bodies to use teleconferencing if they meet specific conditions, such as posting agendas and ensuring teleconference locations are public. Until January 1, 2026, the law permits alternative teleconferencing where a quorum of members physically attends from a public location within the agency's jurisdiction, with certain requirements for remote participation by members. This limit includes participating remotely for a maximum of two meetings annually if the legislative body meets once a month or less.

This bill would remove the 2026 deadline, making these alternative teleconferencing procedures permanent. The bill also addresses emergency remote participation, currently limited until 2026, by extending it indefinitely.

Existing law requires the posting of meeting agendas 72 hours in advance, but emergency situations can warrant remote participation without prior agenda inclusion. Additionally, the bill aligns with constitutional mandates that uphold public access to government meetings and records, ensuring legislative findings demonstrate the need for any access limitations. (Based on 01/16/2025 text)
Priority: (5) Track/Watch
Subject: Governance

ACR 44 (Pacheco, D) California Cities Week.

Current Text: 02/27/2025 - Introduced HTML PDF
Status: 03/03/2025 - Referred to Com. on RLS.

Summary: The measure designates the week of April 20 to April 26, 2025, as California Cities Week, encouraging Californians to participate in community activities and engage with their local government. (Based on 02/27/2025 text)
Position: Support
Priority: (4) Standard
Subject: Governance

SB 239 (Arreguín, D) Open meetings: teleconferencing: subsidiary body.

Current Text: 01/30/2025 - Introduced HTML PDF
Status: 02/14/2025 - Referred to Coms. on L. GOV. and JUD.

Summary: The Ralph M. Brown Act mandates that meetings of local legislative bodies be open to the public, allowing for attendance and participation, with some exceptions. For teleconferencing, it requires the posting of agendas at all teleconference locations, identification of these locations in meeting notices, and accessibility for the public. A quorum must participate from within the local agency's jurisdiction. Until January 1, 2026, certain neighborhood city councils can adopt alternate teleconferencing rules if authorized by a resolution and a 2/3 vote.

This bill proposes allowing subsidiary bodies to use alternative teleconferencing provisions, requiring public notice, agenda posting, and camera visibility during meetings accessible online. It mandates listing remote participants in meeting minutes and requires initial and annual authorization by majority vote. A 2/3 approval is needed for subsidiary bodies to use these provisions, which do not apply to bodies overseeing police, elections, or budgets. Elected officials on such bodies must meet specific agenda and quorum standards, and any recommendations must be presented to the parent legislative body. The bill includes legislative findings to justify privacy limitations and emphasizes compliance with constitutional requirements for public meeting access. (Based on 01/30/2025 text)
Position: Support
Priority: (4) Standard
Subject: Governance
35 2

SB 634 (Pérez, D) Local government.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/05/2025 - Referred to Com. on RLS.

Summary: Existing law outlines how various local governments, such as counties and cities, are formed and governed. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 is the primary authority governing the process for initiating and completing changes in city and district organization or reorganization. This bill expresses the Legislature's intent to create new legislation related to local government. (Based on 02/20/2025 text)
Subject: Governance
Human Services, Recreation, Quality of Life
SR 15 (Ochoa Bogh, R) Relative to the “2-1-1” information and referral service.

Current Text: 02/28/2025 - Enrolled HTML PDF
Status: 02/27/2025 - Read. Adopted. (Ayes 36. Noes 0.)
Summary: The Senate has designated February 2025 as 2-1-1 Month and February 11, 2025, as 2-1-1 Day to promote the 2-1-1 service, which offers free and confidential resources to Californians. The Senate commits to supporting the service and its infrastructure to ensure everyone has access to assistance with issues like poverty, housing, family and children, aging and disability, health equity, and disasters. The Senate also encourages residents to learn about their local 2-1-1 service provider by visiting 211.org. (Based on 02/28/2025 text) Priority: (5) Track/Watch
Subject: Human Services, Recreation, Quality of Life
Municipal Funding and Procurement
AB 262 (Caloza, D) California Individual Assistance Act.

Current Text: 01/16/2025 - Introduced HTML PDF
Status: 02/10/2025 - Referred to Com. on E.M.

Summary: The California Disaster Assistance Act allows the Director of Emergency Services to provide financial help to local agencies for costs related to disaster response during a state of emergency declared by the Governor. Funding for this is continuously provided from the Disaster Assistance Fund and the Earthquake Emergency Investigations Account without regard to fiscal year. This bill would enact the California Individual Assistance Act to create a grant program offering financial aid to local agencies, community organizations, and individuals for certain disaster-related expenses. The Director is tasked with allocating funds from the Disaster Assistance Fund under specific conditions for this purpose, making an appropriation due to the expanded use of funds. The bill also mandates the Director to develop regulations to manage the program's administration and is set to take effect immediately as an urgency statute. (Based on 01/16/2025 text) Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement, Public Safety

AB 532 (Ransom, D) Water rate assistance program.

Current Text: 02/11/2025 - Introduced HTML PDF
Status: 03/03/2025 - Referred to Com. on E.S & T.M.

Summary: The Consolidated Appropriations Act 2021 mandates the federal Department of Health and Human Services to implement the Low Income Household Water Assistance Program, designed to help low-income households manage the cost of water and wastewater services. In accordance with this act, the Department of Community Services and Development oversees this program in the state. However, this program is scheduled to operate only until March 31, 2024. This bill would abolish these federally dependent requirements and proposes that the state Legislature fund a new California Low Income Household Water Assistance Program. This new program aims to aid residential ratepayers of smaller or disadvantaged community water systems. (Based on 02/11/2025 text)
Subject: Municipal Funding and Procurement, Trash, Recycling, Water, Resources

SB 90 (Seyarto, R) Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024: grants: improvements to public evacuation routes: mobile rigid water storage: electrical generators.

Current Text: 02/26/2025 - Amended HTML PDF
36 3

Status: 03/11/2025 - From committee: Do pass as amended and re-refer to Com. on N.R. & W. (Ayes 13. Noes

0.) (March 11).

Summary: The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, authorized by Proposition 4, permits the state to issue $10 billion in bonds. This funding would enhance safe drinking water, manage drought and floods, improve wildfire and forest resilience, and address climate change through various projects. A portion, $135 million, is designated specifically for wildfire mitigation through grants for local and state agencies, tribes, and nonprofits. Eligible projects include community infrastructure hardening, smoke mitigation, improved evacuation centers, and enhanced water systems for fire suppression.

Additional funding supports improving evacuation routes, water storage and distribution for firefighting, and backup electrical generators through coordination with the Public Utilities Commission. (Based on 02/26/2025 text)
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement

SB 549 (Allen, D) Second Neighborhood Infill Finance and Transit Improvements Act.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/05/2025 - Referred to Com. on L. GOV.

Summary: Existing law allows cities and counties to create enhanced infrastructure financing districts to fund significant public projects. These districts have infrastructure financing plans that take effect after specific public hearings. The plans can involve the division of property taxes within the district, and bonds can be issued to support financing based on available or estimated tax revenue. The Second Neighborhood Infill Finance and Transit Improvements Act (NIFTI-2) lets local governments allocate certain tax revenues to these districts. A new bill aims to revise NIFTI-2 from January 1, 2026, allowing for the allocation of property tax revenues but removing the authorization for local sales and use tax revenues allocations. It also eliminates the requirement for the district's boundaries to match those of the city or county that created it. (Based on 02/20/2025 text) Subject: Municipal Funding and Procurement, Planning, Land Use, Housing

SB 595 (Choi, R) Local government: financial reports: failure to timely submit.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/05/2025 - Referred to Com. on L. GOV.

Summary: Existing law mandates the Controller to compile, publish, and make available annual reports on financial transactions and compensation for each county, city, and school district in the state. If a local agency officer does not file their financial report within 20 days after being notified of the failure, they must pay a penalty to the state, with the amount depending on the agency's total revenue. The proposed bill changes the penalty condition, enforcing it if the report is not filed within 10 months after the agency's fiscal year ends. Additionally, the bill requires the Controller to assess whether some financial transaction reports can be replaced with machine-readable audited statements and to report this determination to the Legislature by December 31, 2026. (Based on 02/20/2025 text)
Subject: Municipal Funding and Procurement
Planning, Land Use, Housing
AB 11 (Lee, D) The Social Housing Act.

Current Text: 12/02/2024 - Introduced HTML PDF
Status: 02/03/2025 - Referred to Com. on H. & C.D.

Summary: The Social Housing Act seeks to establish the California Housing Authority as an independent state entity aimed at bridging the gap between housing needs and production, while also preserving affordable housing. This authority would oversee "social housing," which includes both its own properties and those owned by other entities, ensuring all housing is controlled by the Authority. Governed by an appointed and elected board, the Authority would submit annual business plans to the state and conduct regular audits. The bill emphasizes revenue neutrality, aiming to cover development and operational costs through strategies that prevent rent burdens, and prioritizes development on vacant land and near transit. Social housing will cater to a diverse range of income levels, offering two leasing models—rental and ownership. The rental model involves a one-year lease, while the ownership model offers a 99-year lease with limited equity. Eligibility for social housing involves a lottery system, with preferences for displaced individuals. The Authority will honor local preferences for project parcels if certain conditions are met. Additionally, the bill proposes a Social Housing Revolving Loan Fund providing zero- interest loans for mixed-income housing projects, and plans for future legislation to fund Authority activities through general obligation and revenue bonds. (Based on 12/02/2024 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
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AB 39 (Zbur, D) General plans: Local Electrification Planning Act.

Current Text: 02/25/2025 - Amended HTML PDF
Status: 02/26/2025 - Re-referred to Com. on L. GOV.

Summary: The Planning and Zoning Law mandates cities and counties prepare a comprehensive general plan for physical development, including land use and circulation elements. The proposed Local Electrification Planning Act would require, by January 1, 2027, to January 1, 2030, that jurisdictions with more than 75,000 residents either adopt a new plan or integrate an electrification-focused plan into their existing general plans. This plan must outline goals, policies, and actions to expand electric vehicle infrastructure and prioritize investments in zero-emission technologies, especially benefiting disadvantaged communities, low-income households, and small businesses. The bill permits cities and counties to reference a previously adopted plan if it meets these criteria.

This act increases local officials' duties, creating a state-mandated local program. It applies to all cities, regardless of charter status, as it addresses a state concern. Although the Constitution mandates state reimbursement for certain local costs, this bill specifies that no reimbursement is necessary for its implementation. (Based on 02/25/2025 text)
Subject: Planning, Land Use, Housing

AB 76 (Alvarez, D) Surplus land: exempt surplus land: sectional planning area.

Current Text: 12/16/2024 - Introduced HTML PDF
Status: 02/03/2025 - Referred to Coms. on L. GOV. and H. & C.D.

Summary: Existing law sets requirements for how local agencies should dispose of surplus land, which is land deemed unnecessary for the agency's needs through formal action. "Exempt surplus land" is specifically defined to include areas meeting certain criteria, like dedicating at least 25% of housing units to lower-income households and having a development density of at least 10 units per acre. This bill proposes changes where 25% of the units—excluding those for students, faculty, or staff—must be for lower-income households. Additionally, the required density calculation must now include housing for students, faculty, and staff within the area. (Based on 12/16/2024 text)
Subject: Planning, Land Use, Housing

AB 253 (Ward, D) California Residential Private Permitting Review Act: residential building permits.

Current Text: 01/15/2025 - Introduced HTML PDF
Status: 03/03/2025 - Assembly Rule 56 suspended. (Pending re-refer to Com. on L. GOV.) Summary: The State Housing Law sets construction and occupancy standards for residential buildings in California, allowing local governments to charge fees for various permits. The proposed California Residential Private Permitting Review Act requires local building departments to create and publish a fee schedule for residential building permits online. It also mandates that if a building department takes more than 30 days to complete a plan check for a residential building permit, they must provide an estimated timeframe for completion.

If this estimate or the actual completion exceeds 30 days, the applicant may hire a private professional to conduct the plan check. The private professional must submit an affidavit and a report, which the building department has 14 days to review for compliance. If plans are non-compliant, the applicant can correct and resubmit them or again use a private professional. The bill applies to new residential constructions, additions, or remodels, and it introduces a state-mandated local program by expanding the crime of perjury and imposing additional duties on local agencies. (Based on 01/15/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 424 (Davies, R) Alcohol and other drug programs: complaints.

Current Text: 02/05/2025 - Introduced HTML PDF
Status: 02/18/2025 - Referred to Com. on Health.

Summary: Existing law mandates that alcohol and drug recovery or treatment facilities for adults must be licensed and regulated by the State Department of Health Care Services. It is illegal to operate such facilities without a valid license. This bill requires the department to inform the person who files a complaint against a licensed facility, or against a facility allegedly operating without a license, within 30 days of receiving the complaint. The department must also notify the complainant when the complaint is closed and indicate whether the facility was found to be violating the licensing and regulatory provisions. (Based on 02/05/2025 text) Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing
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AB 492 (Valencia, D) Alcohol and drug programs: licensing.

Current Text: 02/10/2025 - Introduced HTML PDF
Status: 02/24/2025 - Referred to Com. on Health.

Summary: The State Department of Health Care Services currently manages alcohol and drug abuse treatment, recovery services, and problem gambling. Under existing law, it can issue licenses to operate recovery or treatment facilities if certain requirements are met. his bill mandates that when the department issues such a license, it must simultaneously inform the city or county where the facility is located. This notification must include the licensee's name, mailing address, and the facility's location. (Based on 02/10/2025 text) Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing

AB 735 (Carrillo, D) Planning and zoning: logistics use: truck routes.

Current Text: 02/18/2025 - Introduced HTML PDF
Status: 03/10/2025 - Referred to Com. on L. GOV.

Summary: Starting January 1, 2026, existing law establishes design and construction standards for new or expanded logistics warehouse developments, covering areas such as building design, parking, truck loading bays, and signage. It defines terms like "21st century warehouse" and "tier 1 21st century warehouse," which must meet specific building and energy efficiency standards, including the capability for conduits and electrical hookups for climate control at loading bays. This bill clarifies that these warehouses must adhere to current standards at the time of their application. It specifies changes concerning the use of electrical hookups and introduces other conforming changes. Additionally, the bill revises the requirements for truck routing plans, now requiring them to detail logistics use and operator characteristics, and mandates relevant signage for truck routes and parking. Regarding air quality, existing law requires the South Coast Air Quality Management District to monitor air pollution near logistics developments and report findings to the Legislature. The bill includes nonsubstantive updates to this legislation. (Based on 02/18/2025 text) Priority: (3) Significant
Subject: Planning, Land Use, Housing

AB 996 (Pellerin, D) Public Resources: California Coastal Act of 1976: California Coastal Planning Fund.

Current Text: 03/10/2025 - Amended HTML PDF
Status: 03/11/2025 - Re-referred to Com. on NAT. RES.

Summary: The California Coastal Act of 1976 mandates the protection of California's coast by requiring a coastal development permit for any development within the coastal zone, unless specified otherwise. Permits are granted if developments align with the certified local coastal program, which is approved by the California Coastal Commission. This bill proposes creating the California Coastal Planning Fund to support local governments in planning for coastal resource protection and public access. This fund, subject to legislative appropriation, would finance state and local costs related to developing local coastal programs and addressing sea level rise. The bill also includes statements regarding the allocation of public funds. (Based on 03/10/2025 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

AB 1407 (Wallis, R) Planning and Zoning Law: housing elements.

Current Text: 02/21/2025 - Introduced HTML PDF
Status: 02/24/2025 - Read first time.

Summary: The Planning and Zoning Law mandates that cities and counties include a housing element in their general plans. This element must identify and analyze current and future housing needs, and outline goals, policies, objectives, financial resources, and schedules for housing preservation, improvement, and development.

The Department of Housing and Community Development is responsible for assessing housing needs in each region. This bill proposes nonsubstantive changes to these requirements. (Based on 02/21/2025 text) Subject: Planning, Land Use, Housing

SB 9 (Arreguín, D) Accessory Dwelling Units: owner-occupant requirements.

Current Text: 12/02/2024 - Introduced HTML PDF
Status: 01/29/2025 - Referred to Coms. on HOUSING and L. GOV. 39 6

Summary: The Planning and Zoning Law allows for the creation of accessory dwelling units either through local ordinances or automatically, following certain regulations. Local agencies cannot require that owners occupy the property or add any extra conditions not specified by the law when assessing these additional units on single- family lots. Additionally, they cannot impose parking requirements for these units. This bill further prevents local agencies from mandating owner occupancy for accessory dwelling units, whether or not a local ordinance exists. (Based on 12/02/2024 text)
Subject: Planning, Land Use, Housing

SB 73 (Cervantes, D) California Environmental Quality Act: exemptions.

Current Text: 01/15/2025 - Introduced HTML PDF
Status: 03/07/2025 - Set for hearing March 19.

Summary: The California Environmental Quality Act (CEQA) requires preparation of an Environmental Impact Report (EIR) or a negative declaration for projects with potential significant environmental effects. Certain projects, such as residential and mixed-use developments in transit priority areas, are exempt if they align with an existing specific plan with a certified EIR. This bill would expand exemptions to projects in areas of very low vehicle travel and mandates they follow specific planning guidelines, including development on previously used or qualified vacant sites. It also changes rules for exemptions related to agricultural employee housing, affordable housing, and infill residential projects, potentially allowing these within state conservancy boundaries and adjusting project size and location criteria. Additionally, exemptions for sustainable transit priority projects located in low vehicle travel areas are revised, requiring previous development or specific vacant site criteria. Lead agencies must file notices of exemption for qualifying projects, imposing additional local program requirements.

The bill states no reimbursement is required by the state under its mandates. (Based on 01/15/2025 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing, Transportation & Infrastructure

SB 92 (Blakespear, D) Housing development: density bonuses: mixed-use developments.

Current Text: 03/10/2025 - Amended HTML PDF
Status: 03/10/2025 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on HOUSING.

Summary: The Density Bonus Law requires cities or counties to give developers a density bonus and other incentives if they build a certain percentage of units for low or very low-income households. This applies to projects defined as "housing developments" with at least five residential units, which can include mixed-use projects. This bill redefines "mixed-use developments" to include projects with both residential and nonresidential uses that meet specific criteria. It expands the responsibilities of local governments in administering the Density Bonus Law for mixed-use projects. If the bill results in state-mandated costs, local agencies and school districts may be reimbursed according to procedures established in the California Constitution. (Based on 03/10/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

SB 326 (Becker, D) Wildfire safety: The California Wildfire Mitigation Strategic Planning Act.

Current Text: 02/11/2025 - Introduced HTML PDF
Status: 03/03/2025 - Set for hearing March 25.

Summary: Existing law mandates the Office of the State Fire Marshal within the Department of Forestry and Fire Protection, with a Deputy Director of Community Wildfire Preparedness and Mitigation responsible for the department's fire preparedness missions. This bill requires this deputy director to develop a Wildfire Risk Mitigation Planning Framework by January 1, 2027, and every three years thereafter, to evaluate wildfire risk actions using geospatial analysis for coordinated and long-term planning. This framework must be submitted to the Legislature and relevant offices for review. Additionally, by April 1, 2027, the deputy director is to create a Wildfire Risk Baseline and Forecast for the state, providing detailed geographic risk assessments. An annual Wildfire Mitigation Scenarios Report, starting August 1, 2027, will outline potential spending scenarios for mitigation efforts. The deputy director is also allowed to hire external experts for these assessments and reports. (Based on 02/11/2025 text)
Subject: Planning, Land Use, Housing, Public Safety

SB 329 (Blakespear, D) Alcohol and drug recovery or treatment facilities: investigations.

Current Text: 02/11/2025 - Introduced HTML PDF
Status: 02/19/2025 - Referred to Com. on HEALTH.
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Summary: Under current law, alcohol or drug recovery and treatment facilities in the state must be licensed and regulated by the State Department of Health Care Services. It is illegal to operate such a facility without a license, and if there are allegations of unlicensed operations, the department must investigate by visiting the site. The department can also conduct both announced and unannounced site visits to ensure compliance at licensed facilities. This bill would mandate that any complaint about a facility be assigned to an analyst for investigation within 10 days and requires the department to complete the investigation within 60 days of receiving the complaint. (Based on 02/11/2025 text)
Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 346 (Durazo, D) Local agencies: transient occupancy taxes: short-term rental facilitator.

Current Text: 02/12/2025 - Introduced HTML PDF
Status: 03/04/2025 - Set for hearing March 19.

Summary: Existing law allows local authorities to regulate short-term occupancy in accommodations such as hotels and motels for periods of less than 30 days. This bill would permit local agencies, such as cities or counties, to require short-term rental facilitators to report details like the assessor parcel number of each rental property. This must be done in a format specified by the local agency, and additional identifying information may be required. The bill also enables local agencies to impose fines for non-compliance or initiate audits of short- term rental facilitators. Additionally, if an ordinance is in place, facilitators must include the local license number and transient occupancy tax certification in rental listings. The bill also clarifies that local agencies can implement ordinances regulating short-term rentals or taxes that differ from the bill's provisions. (Based on 02/12/2025 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing

SB 415 (Reyes, D) Planning and zoning: logistics use: truck routes.

Current Text: 02/14/2025 - Introduced HTML PDF
Status: 02/26/2025 - Referred to Com. on RLS.

Summary: Assembly Bill 98, effective January 1, 2026, sets statewide standards for the design and construction of new or expanded logistics developments, such as warehouses, and prevents local governments from approving projects that do not meet these standards. By January 1, 2028, cities and counties must update their traffic plans to include truck routes. Additionally, from 2026 to 2032, the South Coast Air Quality Management District is required to use mobile air monitoring systems in Riverside and San Bernardino counties to measure air pollution near logistics developments and report findings to the Legislature. The bill outlines the Legislature’s intention to further legislate on the bill’s implementation. (Based on 02/14/2025 text) Priority: (3) Significant
Subject: Planning, Land Use, Housing

SB 456 (Ashby, D) Contractors: exemptions: muralists.

Current Text: 02/19/2025 - Introduced HTML PDF
Status: 02/26/2025 - Referred to Com. on B. P. & E.D.

Summary: The Contractors State License Law establishes a board within the Department of Consumer Affairs responsible for licensing and regulating contractors. Under this law, it is a misdemeanor to work as a contractor without a license, unless you fall under certain exemptions, like being a nonprofit corporation offering specific assistance. This bill would add a new exemption for muralists, allowing them to create murals without needing a contractor's license, as long as they have an agreement with someone legally authorized to commission the work. (Based on 02/19/2025 text)
Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing

SB 549 (Allen, D) Second Neighborhood Infill Finance and Transit Improvements Act.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/05/2025 - Referred to Com. on L. GOV.

Transit Improvements Act (NIFTI-2) lets local governments allocate certain tax revenues to these districts. A new bill aims to revise NIFTI-2 from January 1, 2026, allowing for the allocation of property tax revenues but removing the authorization for local sales and use tax revenues allocations. It also eliminates the requirement for the district's boundaries to match those of the city or county that created it. (Based on 02/20/2025 text) Subject: Municipal Funding and Procurement, Planning, Land Use, Housing

SB 607 (Wiener, D) California Environmental Quality Act: categorical exemptions: infill projects.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/11/2025 - Set for hearing April 2.

Summary: The California Environmental Quality Act (CEQA) mandates that a lead agency prepare an environmental impact report or adopt a negative declaration for projects that may affect the environment. A mitigated negative declaration is needed if project revisions can avoid significant impacts, with no substantial evidence of remaining effects. CEQA requires the Office of Land Use and Climate Innovation to develop guidelines, which the Secretary of the Natural Resources Agency certifies, including categorically exempt projects. A new bill proposes restricting environmental reports to conditions that disqualify projects from categorical exemption while ensuring only relevant aspects of ineligible infill projects undergo CEQA review. This bill exempts certain projects, like distribution centers or oil and gas infrastructures, requires mapping of urban infill sites by 2026, and refines exemptions for such projects. It also specifies that certain internal communications be excluded from the record of proceedings unless critical. If legal actions against improper exemptions succeed, further reviews will focus solely on the disqualifying facts. The bill states that no state reimbursement is required under the California Constitution. (Based on 02/20/2025 text) Subject: Planning, Land Use, Housing

SB 625 (Wahab, D) Housing: disaster areas.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/05/2025 - Referred to Com. on RLS.

Summary: The State Housing Law sets standards for the construction and use of buildings for living purposes across the state. It requires local building departments to enforce the State Building Standards Code and other related regulations. A proposed bill intends to speed up the rebuilding of homes in areas affected by major disasters. The bill suggests making statutory changes, such as a simplified approval process for redevelopment proposals on damaged or destroyed properties in disaster-declared areas. (Based on 02/20/2025 text) Subject: Planning, Land Use, Housing

SB 627 (McGuire, D) Planning and zoning: housing: postentitlement phase permits.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/05/2025 - Referred to Coms. on L. GOV. and HOUSING.

Summary: The Permit Streamlining Act, part of the Planning and Zoning Law, mandates that public agencies give development project applicants a list of required information. It sets deadlines for deciding if a post entitlement phase permit application is complete, compliant, and whether it should be approved or denied. If an application is incomplete, denied, or noncompliant, existing law requires a process for the applicant to appeal the decision to the agency's governing body or the director. The new bill changes this by removing the option to appeal to the director, requiring appeals to be directed only to the agency's governing body. (Based on 02/20/2025 text)
Subject: Planning, Land Use, Housing
Public Safety
AB 15 (Gipson, D) Open unsolved murder: review and reinvestigation.

Current Text: 02/24/2025 - Amended HTML PDF
Status: 03/04/2025 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (March 4). Re- referred to Com. on APPR.

Summary: Existing law defines murder as the unlawful killing of a human or fetus with malice aforethought. This bill mandates law enforcement to review unsolved murder cases upon request from certain applicants to determine if new investigative leads could be developed. It specifically focuses on murders committed after January 1, 1990, where no suspect has been identified and all leads have been exhausted. If a review indicates potential new leads, a reinvestigation is required. The bill prohibits those who previously investigated the case from conducting the reinvestigation and limits reinvestigations to one per victim at a time. By creating new responsibilities for local law enforcement, the bill establishes a state-mandated local program. The California 42 9

Constitution requires state reimbursement to local agencies for these state-imposed costs, with statutory procedures in place for such reimbursement if costs are identified. (Based on 02/24/2025 text) Priority: (5) Track/Watch
Subject: Public Safety

AB 38 (Lackey, R) Crimes: serious and violent felonies.

Current Text: 12/02/2024 - Introduced HTML PDF
Status: 02/03/2025 - Referred to Com. on PUB. S.

Summary: Existing law categorizes certain crimes as "violent felonies," which affects sentencing enhancements for prior convictions. Currently, violent felonies include rape using force or threats but exclude cases like rape of a person unable to consent due to a disability or under false pretenses. This bill would expand the definition of violent felonies to include crimes involving the rape or sexual assault of a minor with a developmental disability.

This expansion would lead to the implementation of a state-mandated local program. Despite the California Constitution requiring the state to reimburse local agencies for state-mandated costs, the bill specifies that no reimbursement is required for its implementation. (Based on 12/02/2024 text) Priority: (4) Standard
Subject: Public Safety

AB 47 (Nguyen, D) Elderly Parole Program.

Current Text: 12/02/2024 - Introduced HTML PDF
Status: 12/03/2024 - From printer. May be heard in committee January 2.

Summary: The Elderly Parole Program reviews parole suitability for inmates aged 50 or older who have served at least 20 continuous years in prison. The Board of Parole Hearings must consider whether an elderly inmate's risk of future violence has decreased when deciding on parole. However, individuals convicted of serious felonies or sentenced to life without parole are excluded from this program. This bill expands the exclusions to include those required to register as sexual offenders, habitual sexual offenders, and individuals convicted of sexual offenses such as rape or sodomy. (Based on 12/02/2024 text) Subject: Public Safety

AB 63 (Michelle Rodriguez, D) Crimes: false imprisonment and human trafficking.

Current Text: 12/02/2024 - Introduced HTML PDF
Status: 12/03/2024 - From printer. May be heard in committee January 2.

Summary: Existing law prohibits actions that violate someone's personal liberty with the intention of obtaining forced labor, services, or engaging in extortion or certain sex offenses. This bill proposes technical, non- substantive amendments to these legal provisions, meaning it will not alter the core intentions or applications of the existing law, but rather refine its language or presentation for clarity or consistency. (Based on 12/02/2024 text)
Position: Support
Priority: (4) Standard
Subject: Public Safety

AB 68 (Essayli, R) School safety: armed school resource officers.

Current Text: 12/05/2024 - Introduced HTML PDF
Status: 02/27/2025 - In committee: Set, first hearing. Hearing canceled at the request of author.

Summary: Existing law allows school districts to create either a security department or a school police department, each led by a designated chief. This bill proposes that school districts and charter schools must employ or contract at least one armed school resource officer at each school during regular hours or when students are present. This requirement will be implemented gradually across different grade levels. The bill introduces a state-mandated local program, which would require the state to cover expenses incurred by school districts to comply with this new requirement. If the Commission on State Mandates determines the bill imposes state-mandated costs, reimbursement will follow existing statutory procedures as outlined in the California Constitution. (Based on 12/05/2024 text)
Subject: Public Safety

AB 71 (Lackey, R) Ignition interlock devices.

Current Text: 03/05/2025 - Amended HTML PDF
Status: 03/06/2025 - Re-referred to Com. on APPR.
43 10

Summary: Starting January 1, 2019, new regulations about ignition interlock devices (IIDs) were introduced, requiring individuals convicted of driving under the influence (DUI) to install an IID on their vehicle for a court- specified duration, with discretionary installation for first-time offenders. If these offenders meet all requirements, including IID installation, they can apply for a restricted driver’s license without a license suspension. IID manufacturers must comply with specific payment-related regulations. These rules were originally set to remain effective until January 1, 2026, after which the pre-2019 regulations would be reinstated. However, the bill proposes extending the current IID regulations until January 1, 2033, with pre-2019 rules reinstated thereafter, extending the impact of associated crimes, thus creating a state-mandated local program. The Department of Motor Vehicles (DMV) is tasked with reporting IID program data to the Transportation Agency, which must, in turn, report to the Legislature by January 1, 2025. The bill requires the DMV to continue providing data until July 1, 2031, with a subsequent report due by that date. The related provisions would be repealed on July 1, 2035.

Under the California Constitution, the state must reimburse local agencies for certain mandated costs, but this bill specifies no reimbursement will be required for the stated reason. (Based on 03/05/2025 text) Subject: Public Safety

AB 262 (Caloza, D) California Individual Assistance Act.

Current Text: 01/16/2025 - Introduced HTML PDF
Status: 02/10/2025 - Referred to Com. on E.M.

AB 271 (Hoover, R) Crimes: looting.

Current Text: 01/21/2025 - Introduced HTML PDF
Status: 01/22/2025 - From printer. May be heard in committee February 21.

Summary: Existing law defines burglary as entering a location with the intent to commit theft or a felony. Burglary is divided into two degrees: first-degree burglary involves inhabited buildings and is punishable by 2, 4, or 6 years in prison; second-degree burglary includes all other cases, punishable by up to a year in a county jail or as a felony. Theft is categorized as petty if the property value is $950 or less, and grand theft if it exceeds $950, with respective penalties. Looting is defined as second-degree burglary or grand theft during a declared emergency, carrying a penalty of jail time or a felony charge. Impersonation of specific officials is a misdemeanor. This bill changes penalties for looting to felonies, classifies petty theft during emergencies as looting with stricter penalties, and introduces enhanced penalties for impersonation during looting. It mandates local program costs without reimbursement from the state, in alignment with the California Constitution. (Based on 01/21/2025 text) Priority: (5) Track/Watch
Subject: Public Safety

AB 476 (González, Mark, D) Junk dealers and recyclers: nonferrous metals.

Current Text: 02/10/2025 - Introduced HTML PDF
Status: 02/24/2025 - Referred to Com. on B. & P.

Summary: Existing law mandates that junk dealers and recyclers maintain detailed written records of all business transactions, including the date, place, and declaration of ownership of the junk. They must preserve these records for at least two years and obtaining valid identification from sellers of nonferrous materials is compulsory.

Violations of these recordkeeping requirements are considered misdemeanors. This bill introduces additional requirements for these records: documenting the time and amount paid for transactions, the employee handling them, and a signed ownership statement that includes personal details of the seller. It mandates obtaining proof of ownership for nonferrous metals, prohibits purchases from individuals under 18, and requires maintaining records for at least one year. Authorized law enforcement can inspect records to ensure compliance. Additionally, engaging in scrap metal sales, specifically copper, requires a valid license from the Contractors State License Board, subject to annual renewal and a fee. Licenses can be restricted or denied if legal violations are found.

Certain professionals, like licensed electricians, are exempt. There's no requirement for state reimbursement as per this act. (Based on 02/10/2025 text)
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Position: Support
Priority: (4) Standard
Subject: Public Safety, Transportation & Infrastructure

AB 1284 (Committee on Emergency Management, ) Emergency services: catastrophic plans: recovery frameworks.

Current Text: 02/21/2025 - Introduced HTML PDF
Status: 03/10/2025 - Referred to Com. on E.M.

Summary: The California Emergency Services Act mandates the Office of Emergency Services (OES) to manage emergency responses for natural or man-made disasters. This bill requires OES to create state recovery frameworks for catastrophic plans, while political subdivisions must develop regional recovery frameworks, with OES providing technical assistance. These frameworks must incorporate recent lessons learned from major disasters and align with FEMA guidance, covering aspects like economic recovery, health, social services, and infrastructure. The frameworks should be ready by January 15, 2027, and aim to use federal grants to minimize costs for state, local, and tribal governments. If state-mandated costs are identified, reimbursement will follow established procedures. The bill is deemed urgent and will be enacted immediately. (Based on 02/21/2025 text) Subject: Public Safety

SB 19 (Rubio, D) Threats: schools and places of worship.

Current Text: 03/10/2025 - Amended HTML PDF
Status: 03/10/2025 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

Summary: Existing law classifies it as a crime to willfully threaten someone with the intent that the threat is taken seriously and is specific enough to cause fear of immediate harm. The crime can result in imprisonment, depending on whether it is considered a misdemeanor or felony. Law enforcement can issue a search warrant based on probable cause if there is evidence of the crime. This bill expands this law, making it a crime to threaten violence at schools or places of worship, again punishable as either a misdemeanor or felony, depending on circumstances. If the offender is under 18, it is classified as a misdemeanor. The bill also clarifies that search warrants can be issued for evidence related to these threats. It outlines that no state reimbursement is required for local costs under this act. (Based on 03/10/2025 text) Priority: (2) Priority
Subject: Public Safety

SB 48 (Gonzalez, D) Immigration enforcement: schoolsites: prohibitions on access, sharing information, and law enforcement collaboration.

Current Text: 12/16/2024 - Introduced HTML PDF
Status: 03/03/2025 - Set for hearing March 19. March 19 set for first hearing canceled at the request of author.

Summary: This bill would strengthen existing laws to protect the privacy and safety of students and their families in educational settings with regard to immigration enforcement. It explicitly prohibits school districts, county offices of education, and charter schools from allowing U.S. Immigration and Customs Enforcement (ICE) officers or other federal officials involved in immigration investigations access to school campuses without a judicial warrant.

The bill mandates that any denial of such access be witnessed and documented. Additionally, the bill forbids local educational agencies from sharing any educational records or personal information about students and related parties with immigration authorities, unless a judicial warrant is presented or a student's parent or legal guardian provides written consent. This also extends to California law enforcement agencies, which are prohibited from cooperating with immigration authorities in enforcing immigration actions within a mile of school sites, unless certain conditions apply. By imposing these measures, the bill creates additional responsibilities for local educational and law enforcement agencies, which may result in state-mandated costs. (Based on 12/16/2024 text)
Priority: (5) Track/Watch
Subject: Public Safety

SB 277 (Weber Pierson, D) Criminal procedure: search of persons.

Current Text: 02/04/2025 - Introduced HTML PDF
Status: 02/14/2025 - Referred to Com. on PUB. S.

Summary: The U.S. and California Constitutions protect individuals from warrantless searches and seizures, but certain exceptions exist, such as allowing officers to search a person for weapons if they may be armed and dangerous. This bill would codify the authority for officers to search individuals during lawful stops with specific 45 12

conditions. An officer can search an individual if they have a warrant, probable cause of a crime, or if the crime was committed immediately before the search. In other cases, officers must obtain consent for the search. They must inform the individual that consent is voluntary, explain the search's scope, and obtain recorded consent.

Officers must adhere to the search's explained scope and stop if consent is withdrawn. The bill also allows for searches from unsolicited consent if proper procedures are followed. This bill imposes requirements on local law enforcement and mandates a state-run reimbursement program for any additional costs incurred, as required by the California Constitution. Reimbursement procedures are outlined by existing statutory provisions. (Based on 02/04/2025 text)
Position: Pending
Priority: (2) Priority
Subject: Public Safety

SB 326 (Becker, D) Wildfire safety: The California Wildfire Mitigation Strategic Planning Act.

Current Text: 02/11/2025 - Introduced HTML PDF
Status: 03/03/2025 - Set for hearing March 25.

SB 569 (Blakespear, D) Department of Transportation: homeless encampments.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/05/2025 - Referred to Com. on TRANS.

Summary: The Department of Transportation has authority over the state's highway system and can require the removal of encroachments, such as homeless encampments, on its property. Existing law allows the department to create highway cleanup programs. This new bill mandates that the department work with local governments to address homeless encampments on its property, establishing a liaison office for coordination. It requires creating a joint action plan in each district with local governments and allocating funds, as appropriated by the Legislature, to support these efforts. Additionally, the bill mandates the formation of an advisory committee in each district to guide implementation and requires the department to submit an annual report to the Legislature with information and recommendations on the issue. (Based on 02/20/2025 text) Position: Support
Priority: (4) Standard
Subject: Public Safety, Transportation & Infrastructure

SB 720 (Ashby, D) Automated traffic enforcement system programs.

Current Text: 02/21/2025 - Introduced HTML PDF
Status: 02/24/2025 - From printer. May be acted upon on or after March 24. Read first time.

Summary: Existing law allows the use of automated traffic enforcement systems at intersections where drivers must stop, provided the government agency meets certain conditions. These include placing identifying signs and adhering to specific yellow light timing criteria. Additionally, up to January 1, 2032, certain cities in California can run speed safety system pilot programs under specified conditions. The law prescribes certain requirements for issuing notices of violation, which, if recorded by these systems, incurs a particular civil penalty. This bill would extend authorization to establish automated traffic enforcement system programs in more locations to detect traffic signal violations, subjecting violators to a $100 civil penalty. The bill outlines processes for issuing violation notices, conducting initial reviews, and handling administrative hearings and appeals for these violations. It also establishes a $25 filing fee for appeals against such notices. Legislative findings are included to justify limiting public access to related governmental proceedings and records. (Based on 02/21/2025 text) Subject: Public Safety
State Budget Act
46 13

AB 227 (Gabriel, D) Budget Act of 2025.

Current Text: 01/10/2025 - Introduced HTML PDF
Status: 02/03/2025 - Referred to Com. on Budget.

Summary: This bill would make appropriations for the support of state government for the 2025–26 fiscal year.

This bill would declare that it is to take effect immediately as a Budget Bill. (Based on 01/10/2025 text) Priority: (5) Track/Watch
Subject: State Budget Act

ABX1 5 (Gabriel, D) Budget Act of 2024.

Current Text: 01/20/2025 - Introduced HTML PDF
Status: 02/03/2025 - Died on inactive file.

Summary: This bill would amend the Budget Act of 2024 by amending and adding appropriations and making other changes. This bill would declare that it is to take effect immediately as a Budget Bill. (Based on 01/20/2025 text)
Priority: (5) Track/Watch
Subject: State Budget Act

SB 65 (Wiener, D) Budget Act of 2025.

Current Text: 01/10/2025 - Introduced HTML PDF
Status: 01/13/2025 - Read first time.

Summary: This bill would make appropriations for the support of state government for the 2025–26 fiscal year.

This bill would declare that it is to take effect immediately as a Budget Bill. (Based on 01/10/2025 text) Priority: (5) Track/Watch
Subject: State Budget Act

SBX1 3 (Wiener, D) Budget Act of 2024.

Current Text: 01/23/2025 - Enrollment HTML PDF
Status: 01/23/2025 - Chaptered by Secretary of State - Chapter 2, Statutes of 2025 Summary: The Budget Act of 2024 establishes the financial plan for state government for the 2024–25 fiscal year. This new bill proposes amending the original act by introducing additional appropriations and making various changes. It is designated as a Budget Bill, meaning it will become effective immediately upon passage. (Based on 01/23/2025 text)
Priority: (5) Track/Watch
Subject: State Budget Act
Transportation & Infrastructure
AB 476 (González, Mark, D) Junk dealers and recyclers: nonferrous metals.

Current Text: 02/10/2025 - Introduced HTML PDF
Status: 02/24/2025 - Referred to Com. on B. & P.

Certain professionals, like licensed electricians, are exempt. There's no requirement for state reimbursement as per this act. (Based on 02/10/2025 text)
Position: Support
Priority: (4) Standard
Subject: Public Safety, Transportation & Infrastructure

SB 71 (Wiener, D) California Environmental Quality Act: exemptions: transit projects. 47 14

Current Text: 01/14/2025 - Introduced HTML PDF
Status: 03/07/2025 - Set for hearing March 19.

Summary: The California Environmental Quality Act (CEQA) mandates that a lead agency prepare an environmental impact report for projects potentially affecting the environment or adopt a negative declaration if not. CEQA requires a mitigated negative declaration if project modifications can mitigate significant effects. Until January 1, 2030, CEQA exempts certain transportation plans, including for pedestrian and bicycle facilities, from its requirements. The proposed bill aims to extend these exemptions indefinitely and add new exemptions for transit-related projects such as transit route changes and improvements for zero-emission vehicles. The bill would require lead agencies to determine eligibility for these exemptions, imposing a state-mandated local program. It also mandates that cost estimates for exempt projects adjust biennially in line with the California Consumer Price Index. Lastly, no state reimbursement is required under this act due to specified reasons in the bill. (Based on 01/14/2025 text)
Priority: (5) Track/Watch
Subject: Transportation & Infrastructure

SB 73 (Cervantes, D) California Environmental Quality Act: exemptions.

Current Text: 01/15/2025 - Introduced HTML PDF
Status: 03/07/2025 - Set for hearing March 19.

SB 74 (Seyarto, R) Office of Land Use and Climate Innovation: Infrastructure Gap-Fund Program.

Current Text: 03/05/2025 - Amended HTML PDF
Status: 03/05/2025 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

Summary: Existing law creates the Office of Land Use and Climate Innovation within the Governor's office to assist with long-term planning and research, and to act as the comprehensive state planning agency. It permits local agencies to finance infrastructure projects through various methods, such as allowing cities or counties to establish enhanced infrastructure financing districts for significant community projects. This bill mandates this office to set up the Infrastructure Gap-Fund Program, upon legislative funding, to grant local agencies support for developing and constructing infrastructure projects. It allows the office to fund up to 20% of a project's cost, provided local agencies contribute at least 10% through local taxes. The office is also tasked with creating guidelines for grant application evaluation and funding. These provisions are set to take effect on January 1, 2030. (Based on 03/05/2025 text)
Position: Support
Priority: (3) Significant
Subject: Transportation & Infrastructure

SB 496 (Hurtado, D) Advanced Clean Fleets Regulation: appeals advisory committee: exemptions.

Current Text: 02/19/2025 - Introduced HTML PDF
Status: 03/11/2025 - Set for hearing April 2.

organizations and will meet monthly. Meeting recordings and relevant information about appeals will be available on the ARB’s website. The committee must recommend a decision on appeals within 60 days, and the ARB must address these recommendations publicly within 60 days as well. Additionally, the bill expands the emergency vehicle exemption and modifies requirements under the Advanced Clean Fleets Regulation. It also alters the conditions for daily usage exemptions and restricts the ARB from requiring documentation of zero-emission vehicle purchase agreements for certain compliance extensions. (Based on 02/19/2025 text) Position: Support
Priority: (4) Standard
Subject: Transportation & Infrastructure, Trash, Recycling, Water, Resources

SB 569 (Blakespear, D) Department of Transportation: homeless encampments.

Current Text: 02/20/2025 - Introduced HTML PDF
Status: 03/05/2025 - Referred to Com. on TRANS.

Current Text: 02/11/2025 - Introduced HTML PDF
Status: 03/03/2025 - Referred to Com. on E.S & T.M.

SB 45 (Padilla, D) Recycling: beverage containers: tethered plastic caps.

Current Text: 03/05/2025 - Amended HTML PDF
Status: 03/05/2025 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q.

Summary: The California Beverage Container Recycling and Litter Reduction Act, managed by the Department of Resources Recycling and Recovery, aims to promote the recycling of beverage containers, which are defined as bottles, cans, jars, or cartons made of metal, glass, or plastic, excluding cups or open containers. Violating the act is considered a crime. Originally, the department could provide payments to recyclers for thermoform plastic containers, but this bill removes that authorization. Starting January 1, 2027, manufacturers must ensure plastic beverage containers with caps have tethered caps to prevent separation from the container. Containers with over a 70% recycling rate in 2022-2023, containers over 2 liters, and those with beer, wine, spirits, or 100% fruit juice are exempt from this requirement until January 1, 2028. Exemptions also apply to refillable containers and manufacturers selling fewer than 16 million containers annually. Introducing this requirement as part of the act, a violation would become a crime, thus creating a state-mandated local program. The bill specifies that no state reimbursement is necessary for this reason. (Based on 03/05/2025 text) Subject: Trash, Recycling, Water, Resources

SB 454 (McNerney, D) State Water Resources Control Board: PFAS Mitigation Program.

Current Text: 02/19/2025 - Introduced HTML PDF
49 16

Status: 03/11/2025 - Set for hearing April 2.

Summary: The State Water Resources Control Board is currently responsible for managing several drinking water programs. This bill proposes the creation of the PFAS Mitigation Fund within the General Fund. This fund would be used by the board, with legislative approval, to support initiatives related to reducing PFAS contamination. The board is also authorized to accept federal and private funding, which would be deposited into a specific PFAS Reduction Account and used to finance the initiatives continuously. Funds from this account could be provided as grants, loans, or contracts to aid water suppliers and wastewater operators. This would help cover costs associated with ensuring drinking water meets state and federal PFAS standards. To qualify for these funds, water suppliers or operators must demonstrate a clear plan for using them to enhance public safety related to drinking water or treated wastewater. The board can also establish guidelines to assist in implementing these measures. (Based on 02/19/2025 text)
Position: Support
Priority: (4) Standard
Subject: Trash, Recycling, Water, Resources

SB 496 (Hurtado, D) Advanced Clean Fleets Regulation: appeals advisory committee: exemptions.

Current Text: 02/19/2025 - Introduced HTML PDF
Status: 03/11/2025 - Set for hearing April 2.

Summary: Existing law mandates that the State Air Resources Board (ARB) establish and enforce standards for motor vehicle emissions to manage air pollution. Under the California Global Warming Solutions Act of 2006, the ARB is also tasked with regulating greenhouse gas emissions. The ARB has introduced the Advanced Clean Fleets Regulation, which requires the transition of government and high-priority truck fleets to zero-emission vehicles. Entities under this regulation can apply for exemptions in certain cases. The new bill proposes the creation of the Advanced Clean Fleets Regulation Appeals Advisory Committee to review denied exemption requests. This committee will include representatives from various governmental and non-governmental organizations and will meet monthly. Meeting recordings and relevant information about appeals will be available on the ARB’s website. The committee must recommend a decision on appeals within 60 days, and the ARB must address these recommendations publicly within 60 days as well. Additionally, the bill expands the emergency vehicle exemption and modifies requirements under the Advanced Clean Fleets Regulation. It also alters the conditions for daily usage exemptions and restricts the ARB from requiring documentation of zero-emission vehicle purchase agreements for certain compliance extensions. (Based on 02/19/2025 text) Position: Support
Priority: (4) Standard
Subject: Transportation & Infrastructure, Trash, Recycling, Water, Resources

Total Measures: 53
Total Tracking Forms: 53
50 1
POSITION LETTERS (Attachment 3)
As of March 18, 2025

Attachment 3 includes City of Chino position letters on legislation and regulations submitted since the prior report. The attached letter(s) were submitted on behalf of the City during this reporting period.
51 EUNICE M. ULLOA KAREN C. COMSTOCK
Mayor CHRISTOPHER FLORES

MARC LUCIO
Council Members

CURTIS BURTON DR. LINDA REICH
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org

March 11, 2025

The Honorable John Harabedian, Chair
Joint Legislative Audit Committee
1021 O Street, Room 4350
Sacramento, CA 94249-0053

Subject: Request for Audit of the California Institution for Men by the Joint Legislative Audit Committee

Dear Assembly Member Harabedian,

I write on behalf of the City of Chino to formally request that the Joint Legislative Audit Committee (JLAC) conduct a comprehensive audit of the California Institution for Men (CIM). This audit is essential to address persistent concerns regarding operational inefficiencies, staff safety, and the deteriorating state of the facility.

In November 2008, Inspector General David Shaw audited CIM, providing findings and recommendations. A consulting group, Vanderweil Facilities Advisors (VFA), concluded that CIM would require condemnation by 2014 unless proper funding was allocated to maintain and improve its infrastructure. At the time, the California Department of Corrections and Rehabilitation (CDCR) allocated approximately $4 million annually for maintenance and repairs. VFA estimated that $28 million annually would be required to maintain CIM’s infrastructure at a minimal level to prevent further degradation. The $28 million would not improve conditions but merely sustain the facility's already poor state.

Using the Facility Condition Index (FCI), VFA rated CIM’s infrastructure. In 2009, CIM’s FCI stood at

0.409, indicating poor condition. Without necessary funding, VFA projected the FCI to exceed 0.6 by 2014, at which point replacement—not repair—would be required. Despite these warnings, adequate funding has not been provided, and CIM's infrastructure continues to deteriorate more than 15 years later.

Recent discussions of budget cuts have exacerbated security concerns. Proposals to eliminate several positions within California State Prisons included the removal of CDCR guards from main gates, raising serious safety risks. This change would allow unrestricted access to the prison grounds, including one 52 The Honorable John Harabedian
March 11, 2025, p.2
of CIM’s most vulnerable areas —the facility armory. Removing gate security from a facility that houses some of the state’s most dangerous criminals is alarming and compromises public safety.

CIM has a long history of security challenges. In 1983, Kevin Cooper escaped through a fence and subsequently committed multiple murders. More recently, in 2018, Michael Garrett escaped due to a defective fence that had remained unrepaired for over a decade. The escape exposed flaws in CIM’s response protocols. Garrett was eventually apprehended nearly 100 miles away in Encinitas.

The prison's aging infrastructure and limited security features have also posed ongoing risks to public safety. CIM has experienced numerous riots, the most severe occurring in August 2009, involving over 1,300 inmates. The riot resulted in extensive damag e to housing units, fires, and over 200 inmate injuries, though no inmates escaped, and staff remained unharmed. This incident further demonstrated CIM’s difficulties maintaining order and safety in an under-resourced facility.

CIM was built in 1941 to relieve overcrowding in other state prisons and serve as the nation’s first minimum-security facility, focusing on rehabilitation. However, it now houses 46 condemned inmates transferred due to safety concerns at San Quentin State P rison. CIM was never intended to house condemned inmates and lacks the appropriate infrastructure for this purpose.

In 2017, Assembly Member Freddie Rodriguez introduced Assembly Bill 2028, which aimed to require regular security audits and develop plans to address identified deficiencies. Governor Brown vetoed the bill, citing the ongoing security audits conducted by the Office of Audits and Court Compliance.

However, these audits have not sufficiently addressed the significant security issues at CIM. In a letter to Acting Secretary Diaz, Assembly Member Rodriguez documented his firsthand observations of the prison’s deteriorating infrastructure, security deficiencies, unnavigable roads, and failing plumbing, all of which pose health and safety risks to inmates and staff.

Given these ongoing safety, operational, and infrastructure challenges, we respectfully ask that you urge JLAC to conduct a thorough audit of the California Institution for Men. A comprehensive review will provide transparency, identify critical areas for improvement, and ensure that CIM can operate safely and effectively to protect the community and those within the facility.

Thank you for your attention to this matter. Please do not hesitate to contact me if further information is required.

Sincerely,

Eunice Ulloa
Mayor

cc: Chino City Council Members
53 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 18, 2025

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

SUBJECT
..titl e
Appointment of City Treasurer.
..end

RECOMMENDATION
Adopt Resolution No. 2025-011, appointing the Director of Finance as the City Treasurer. ..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:
 Financial Stability
 Responsible Long-Range Planning
 Exemplary Leadership

54 CITY COUNCIL MEETING DATE: MARCH 18, 2025
TITLE: APPOINTMENT OF CITY TREASURER.

PAGE: 2

BACKGROUND
The City Council may appoint any person to the position of City Treasurer who is qualified to assume the powers and to perform the duties of the position. Chino Municipal Code Section

2.040.070 (A) authorizes the City Council to appoint the City Treasurer. Historically, City Council has appointed the Director of Finance as the City Treasurer.

ISSUES/ANALYSIS
On March 10, 2025, the City of Chino hired a new Finance Director. To ensure the continuity of business and financial transactions, it is recommended that City Council appoint the new Director of Finance as the City Treasurer. Therefore, staff recommends that City Council adopt Resolution No. 2025-011, appointing the Director of Finance as the City Treasurer.

Attachment - Resolution No. 2025-011

55 RESOLUTION NO. 2025-011

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

CALIFORNIA, APPOINTING THE DIRECTOR OF FINANCE AS THE CITY

TREASURER

WHEREAS, Chino Municipal Code Section 2.040.070 (A) authorizes the City Council to appoint the City Treasurer; and
WHEREAS, on March 10, 2025, the City of Chino hired a new Director of Finance; and WHEREAS, to ensure the continuity of business and financial transactions, the City Council desires to appoint the Director of Finance as the City Treasurer.

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

Section 1. The City Council finds and determines that all the foregoing recitals are true and correct and incorporated herein.

Section 2. The City Council appoints the Director of Finance as the City Treasurer.

Section 2. The City Clerk shall certify to the passage and adoption of this Resolution. This Resolution shall take effect upon its adoption.

APPROVED AND ADOPTED THIS 18th day of March, 2025.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA

CITY CLERK
56 RESOLUTION NO. 2025-011
PAGE 2

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

I, NATALIE GONZAGA , City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting held on the ___ day of ____ 2025 by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK
57 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 18, 2025

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

SUBJECT
..titl e
Public Improvement Agreement for Project Nos. PL22-0021 and PL22-0022. ..end

RECOMMENDATION
Approve a Public Improvement Agreement with JJRD Properties, LLC for Project Nos. PL22 - 0021 and PL22-0022 for single-family residential developments located at the southwest corner of "B" Street and 2 nd Street; and authorize the City Manager to execute all the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There is no direct fiscal impact to the City. All off-site improvement costs are the responsibility of the property owner.

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
 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. 58 CITY COUNCIL MEETING DATE: MARCH 18, 2025
TITLE: PUBLIC IMPROVEMENT AGREEMENT FOR PROJECT NOS. PL22 -0021 AND PL22 - 0022.

PAGE: 2

BACKGROUND
The Administrative Approval applications for project numbers PL22 -0021 (AA) and PL22 -0022 (AA) were reviewed together during the entitlement process and received approval on January 4, 2023. The subject properties are currently vacant land and are the last two lots in the block.

The construction of these two single -family homes with corresponding additional dwelling unit (ADU) will complete the development of said block. Project PL22 -0021 (AA) involves the construction of a 2,118 -square-foot, two-story single-family home, which includes a n attached 434-square-foot, two-car garage and a detached 983-square-foot ADU with an attached 217 - square-foot, one-car garage. Similarly, PL22-0022 (AA) proposes a 2,118-square-foot, two-story single-family residence with a n attached 434-square-foot, two-car garage and a detached 982- square-foot ADU, also with an attached 217 -square-foot, one -car garage. The projects are located at the southwest corner of “B” Street and 2nd Avenue as depicted in Exhibits A and A-1.

The Engineering Conditions of Approval (COA) for this development requires public improvements including, but not limited to street, sidewalk, accessible ramp, utility connections for both water and sewer services , striping, and signing improvements on the southwest corner of B Street and Second Street. To guarantee the completion of these public improvements, the developer is required to enter into a Public Improvement Agreement (PIA) and obtain the necessary securities for the improvements. The final engi neering for these projects is substantially complete and the applicant is desiring to pull building permits for this development soon.

ISSUES/ANALYSIS
The requirements made at the time of project approval have been met by the execution of the PIA for PL22-0021 and PL22 -0022 and by posting the necessary securities to guarantee the construction of public improvements conditioned for this development. The City Attorney reviewed and approved the PIA and respective securities, which are attached as Exhibit B.

Attachments: Exhibit A - Location Map PL22-0021
Exhibit A-1 – Location Map PL22-0022
Exhibit B – Public Improvement Agreement

59 60
61 01225.0006/367559.3 Updated 10-2020

PUBLIC IMPROVEMENT AGREEMENT

by and between

CITY OF CHINO

and

JJRD Properties, LLC
PL22-0021 (AA) & PL22-0022 (AA)

62 01225.0006/367559.3

PUBLIC IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND
JJRD Properties, LLC

Agreement Date: March 18, 2025

Applicant: JJRD Properties, LLC

Project Description:

PL22-0021 (AA) - A request to construct a 2,118 square foot two-story single-family home with a 434 square foot two-car garage and a 983 square foot accessory dwelling unit (ADU) with a 217 square foot one car garage.

PL22-0022 (AA) - A request to construct a 2,118 square foot two-story single-family home with a 434 square foot two-car garage and a 982 square foot accessory dwelling unit (ADU) with a 217 square foot one-car garage.

Located on the southwest corner of “B” Street and 2nd Avenue.

Estimated Total Cost of Improvements: $124,300.00

PL22-0021 - $20,100.00
PL22-0022 - $104,200.00

Security:

Bond No.: ____________________

Surety: ___________________
63 01225.0006/367559.3
Designees for the Service of Written Notice:

CITY: APPLICANT

Jesus Plasencia
Assistant City Engineer

13220 Central Avenue
Chino, CA 91710

(909) 334-3417
[email protected]

C/o Isabel Giraldo
Projects Coordinator
[email protected]

CITY PROJECT INSPECTOR

Isaac Ortega
Permit & Inspection Supervisor

13220 Central Avenue
Chino, CA 91710

(909) 334-3501
[email protected]

64 01225.0006/367559.3

TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Approval

1.3 Intent of Plans

1.4 Performance of Work

1.5 Changes in the Work

1.6 Defective Work

1.7 No Warranty by City

1.8 Authority of the City Engineer

1.9 Documents Available at the Site

1.10 Inspection

1.11 Compliance with Law; Applicable Standards for Improvements

1.12 Suspension of Work

1.13 Erosion and Dust Control and Environmental Mitigation

1.14 Final Acceptance of Works of Improvement

1.15 Vesting of Ownership

1.16 Applicant’s Obligation to Warn Public During Construction

1.17 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Applicant’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 65 01225.0006/367559.3

5.1 Applicant Responsible for All Related Costs of Construction

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

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Applicant

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Applicant’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 Applicant 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
66 01225.0006/367559.3
1 PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 18th day of March, 2025, 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 JJRD Properties, LLC (“APPLICANT).

RECITALS
A. Applicant is the owner of certain real property located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”, which Applicant proposes to develop and construct certain works of improvement thereon, as hereafter set forth.

B. Applicant has applied for and received conditional approval from the City to construct a 2,118 square foot two-story single-family home with a 434 square foot two-car garage and a 983 square foot accessory dwelling unit (ADU) with a 217 square foot one car garage ; and a request to construct a 2,118 square foot two -story single-family home with a 434 square foot two-car garage and a 982 square foot accessory dwelling unit (ADU) with a 217 square foot one-car garage (the “Project”).

C. The City desires to assure that said improvements proposed for the Project 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 Applicant 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 and in consideration of City ’s site plan or other entitlements for the Property and permitting development of the Property to proceed, Applicant agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1.1. Works of Improvement. Applicant 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 as 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 $124,300.00.
67 01225.0006/367559.3
2 1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Applicant 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.

1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Applicant 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. Applicant shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Applicant’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, Applicant 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.

Applicant 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 sho p drawings as are necessary to adequately control the work. Without the City Engineer’s prior written approval, no change shall be made by Applicant or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

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

No field changes performed or proposed by Applicant or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Applicant may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

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

1.7. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Applicant or its consultants or contractors, and City makes no representation or warranty, express or implied, to Applicant or to any other person regarding the adequacy of the Plans or related documents.
68 01225.0006/367559.3
3 1.8. 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 Applicant and its contractor.

1.9. Documents Available at the Site . Applicant 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.

1.10. Inspection. Applicant 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 Applicant, or its design engineer, and Applicant’s contractor(s) regarding the Works of Improvement. Applicant 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 ins pector requests it, the Applicant’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 Applicant’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 Applicant 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, Applicant 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 Applicant 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 Applicant shall also give all necessary notices and pay all fees and taxes as required by law.

Applicant 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 Applicant’s contractor to comply with law pursuant to Section 1.12.

In case of suspension of work for any cause whatsoever, Applicant 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. 69 01225.0006/367559.3
4 1.13. Erosion and Dust Control and Environmental Mitigation . All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent 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 require ments, 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 Applicant’s contractor has completed all of the Works of Improvement, Applicant 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 Applicant or its contractor of such items. After the Applicant’s contractor has completed these items, the procedure shall then be the same as specified above for the Applicant’s 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 Applicant 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. Applicant 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.

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

1.16. Applicant’s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Applicant 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, Applicant shall provide forty-eight (48) hours’ advance written notice to all neighboring property owners and tenants affected by Applicant’s operations or construction of the hours, dates and duration of any planned construction activities.
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5 1.17. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Applicant assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Applicant 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 Applicant, prior to the recordation of the Notice of Acceptance. Applicant 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 Sections 2.2 and 2.3 below, Applicant 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 Applicant has established good cause for an extension. As a condition of such extension, the City Engineer may require Applicant 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 Applicant 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 Applicant’s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Applicant 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, Applicant shall provide 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 Applicant 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. 71 01225.0006/367559.3
6 2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Applicant’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 Applicant, 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 Applicant or its contractor detailing the grounds for Applicant’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), Applicant shall cause such work to be diligently pursued to completion and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.

3. Labor.

3.1. Labor Standards. This Agreement is subject to, and Applicant 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. Applicant shall expressly require co mpliance 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., Applicant agrees that Applicant, 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 disabilit y, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and vete ran status. Applicant 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. Applicant 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 Applicant’s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement.

Applicant shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all val id Contractor ’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements. 72 01225.0006/367559.3
7 3.4. Worker’s Compensation. Applicant 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 Applicant executes this Agreement, Applicant 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 th is Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Applicant’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $ 124,300.00 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 $ 62,150 equal to 50% of the estimated construction cost referenced in Section 1.1.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty . Prior to the City Council ’s acceptance of the Works of Improvement and recordation of a Notice of Completion, Applicant 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 $12,430 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 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 73 01225.0006/367559.3
8 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 Applicant is in default under its payment or performance obligations hereunder or in the event Applicant 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 Applicant’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 Applicant’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).
(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 Applicant 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 Applicant 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. Applicant’s Liability. While no action of Applicant shall be required in order for City to realize on its security under any Security Instrument, Applicant agrees to cooperate with City to facilitate City’s realization under any Security Instrument, and to take no action to prevent City 74 01225.0006/367559.3
9 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, Applicant 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.

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. Applicant agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City’s security interest in such account.

4.5. Release of Security Instruments . The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8 , 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) Applicant 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) Applicant 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 75 01225.0006/367559.3
10 have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Applicant has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Applicant’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. Applicant Responsible for All Costs of Construction. Applicant shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement.

In the event Applicant 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 Applicant and City prior to construction of the Works of Improvement.

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

Applicant 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, Applicant 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 Applicant 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 . Applicant shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 and Chapter 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 approvals for the Project , with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.

7. Warranty of Work. Applicant 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, Applicant, 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 Applicant fail to remedy defective material and/or workmanship or make 76 01225.0006/367559.3
11 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 Applicant. 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 Applicant. Default by Applicant shall include, but not be limited to:
(a) Applicant’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Applicant’s failure to timely complete construction of the Works of Improvement;
(c) Applicant’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Applicant’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Applicant 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) Applicant’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 Applicant’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 Applicant. 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 Applicant’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 Applicant fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Applicant and the Applicant’s surety, Applicant authorizes the City to perform the obligation for which Applicant 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 Applicant. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Applicant’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 Applicant hereunder, the Applicant agrees that the choice of remedy or remedies for Applicant’s breach shall be in the discretion of the City. Additionally, any 77 01225.0006/367559.3
12 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 Applicant fails to perform any obligation under this Agreement, Applicant 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 Applicant’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 o ther 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 Applicant 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 Applicant.

Applicant 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 arisin g out of, acts or omissions of Applicant, 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 Project, and the public improvements as provided herein, and in addition, to adjacent propert y 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 assum ption 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 Applicant 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.
78 01225.0006/367559.3
13 After recordation of the Notice of Acceptance, the Applicant 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, Applicant shall not be responsible for routine maintenance. It is the intent of this section that Applicant 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 f or 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.

Applicant 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. Applicant’s Indemnity of Project Approval . Applicant 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 the Project.

The City shall promptly notify the Applicant of any claim, action, or proceeding and cooperate fully in the defense of any such claim, a ction, or proceeding. In the event City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Applicant 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. Applicant shall not be required to pay or perform any settlement unless the settlement is approved by the Applicant.

11. Insurance Requirements. Applicant, at Applicant’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:
(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:
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14 (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 Applicant:
(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, Applicant 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 Applicant 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.” 80 01225.0006/367559.3
15 (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 Applicant 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 shall be attached to the Certificate of Insurance which shall be provided by the Applicant’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, Applicant 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 Applicant are in violation of any environmental law, and neither the property to be dedicated nor the Applicant 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 Applicant nor any other person with Applicant’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 81 01225.0006/367559.3
16 time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
(c) Applicant 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) Applicant’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. Applicant shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the 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) Applicant’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 Applicant’s right, title, and interest in and to the Property and any portion thereof.

Applicant 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 Applicant in the City ’s approval of this Agreement. In the event the Property is subsequently conveyed by Applicant to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Applicant’s responsibilities with regard to this Agreement, (the “Replacement Applicant”), the rights and obligations of this Agreement shall transfer to the Replacement Applicant; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Applicant as a condition of the City’s approval of this Agreement, shall remain Applicant’s responsibility to maintain until such time as Applicant and its Replacement Applicant 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 Applicant to its Replacement Applicant, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Applicant, including Replacement Applicant’s responsibility to furnish replacement Security Instruments 82 01225.0006/367559.3
17 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 Applicant and its Replacement Applicant, and replacement Security Instruments meeting City ’s approval are furnished by the Replacement Applicant, Applicant 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 Applicant 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 Applicant of this Agreement shall not be construed to vest Applicant’s rights with respect to any change in any zoning or building law or ordinance.

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

13.5. Time of the Essence. Time is of the essence of Applicant’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 Applicants 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.

13.9. 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.

83 01225.0006/367559.3
18 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 exp ressly 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 signe d 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.

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 pa rty 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]
84 01225.0006/367559.3
19 IN WITNESS WHEREOF, the City and the Applicant have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

_________________________ __________________________
Fred Galante Hye Jin Lee, P.E.

City Attorney Director of Public Works

JJRD PROPERTIES, LLC

__________________________
By: Jorge Landeros
Manager

CITY OF CHINO

_________________________
Linda Reich
City Manager

ATTEST:

By: __________________________
Natalie Gonzaga
City Clerk

85 01225.0006/367559.3 A-1

EXHIBIT “A” L

OCATION MAPS
[attached]
86 87
88 01225.0006/367559.3 B-1
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. 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).

The Applicant shall also perform all work and furnish all materials necessary, in the opinion of the Director of Public Works or her designee and on her 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.
89 DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL Reviewed/Approved By: Date:

Updated 1/4/2023
PROJECT NO. PL22-0022 (AA)

DATE: January 3, 2023 PC MEETING DATE: Click or tap to enter a date.

PROJECT DESCRIPTION: Proposed SF Dwelling & ADU

PROJECT LOCATION: APN 102-001-201 SWC B St & 2nd St

APPLICANT: PROJECT ENGINEER: Michele Hindersinn

PRIOR TO THE T HREE 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 ISSUANCE OF BUILDING OR CONSTRUCTION PERMITS:

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

1.2. Make the following dedications:

Street Name Distance Direction From C/L
Alley
10’ (additional 2’
required)

East
2nd Street
Any portion of public
sidewalk encroaching
onto property (as per
final design)

N/A
B Street
Additional dedication
needed for corner
cutoff behind
directional ramp (as
per final design)

N/A

a. Prepare and record necessary drainage easements to implement the project in accordance with drainage law.

1.3. Prepare and submit a final grading plan showing building footprints, 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.

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

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

1.6. Design per City Standards and construct full public improvements for all impacted and interior streets/facilities in accordance with City Code, Standards and Specifications. Such public 90 PROJECT NO. PL22-0022(AA) 2 January 3, 2023

improvements shall include, but not be limited to, the following: (Pl ease coordinate and verify all requirements with the project engineer.)

Street Names
2nd
Street(2)
B
Street(2)
Alley(3)

Curb & Gutter (Offset from Centerline) X (20’) (2) X(20’) (2) Sidewalk (Width) X(5’) (1) (2) X(5’) (1) (2)
Asphalt Concrete Pavement on Aggregate
Base (Width from Centerline)
X (10’)(3)
Asphalt Concrete Overlay to Centerline X(4) X(4)
Street Lights X(5)
Median Island and Landscaping
Parkway Landscaping
Striping and Traffic Controls X(6) X(6)
Traffic Signal Interconnect
Conduit System for CATV
Sewer X(7)
Storm Drain
Domestic Water X(7)
Recycled Water
Fire Hydrants as required by CVIFD X
Other Underground power lines carrying less
than 34.5 kV
X(8)
Curb ramps at T intersection of 2 nd & B
Streets(1)
X(9) X(9)
(1) Public improvements shall be made accessible to pedestrians and meet all accessibility (ADA) standards, prior to project acceptance.
(2) Remove and/or repair any damaged, broken or non -standard improvements resulting from the project.
(3) Public Improvement in-lieu fees will need to be paid for the future widening of the Alley to be at the ultimate location. This inc ludes, but is not limited to, the cost for relocation/reconstruction of any paving, utilities (existing & proposed) , landscaping, ribbon gutter, fences/walls and other existing frontage improvements. The in-lieu fee shall be based on an engineering cost estimate prepared by the developer’s civil engineer to be reviewed and approved by the project engineer. Alley approach to be constructed with project.
(4) Minimum 0.1’ grind and overlay to centerline of road (5) Replacement of two street lights along frontage to B Street with poles per current City Standard. (6) Replacement of road and crosswalk striping and red curbing per current City Standard. (7) Identify existing water and sewer connections. Any services that do not meet current standards shall be upgraded and properly abandoned.
(8) Undergrounding of overhead utilities along property frontage to B Street in accordance with Chino Municipal Code Chapter 13.32.
(9) As described in Condition of Approval 1.13.a.

1.7. Execute a Public Improvement Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 1. 6. 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.
91 PROJECT NO. PL22-0022(AA) 3 January 3, 2023

1.8. Complete and file the petition for annexation of your project property to the City's Landscape and Street Lighting Maintenance District MD 2002-01.

1.9. Obtain design and plan approval from appropriate uti lity companies for undergrounding all utility lines adjoining the existing utility poles fronting the project , including power lines of 34.5kV or less in accordance with City Code, Chapter 13.32.

1.10. Comply with all applicable requirements of the City Code.

1.11. Provide a Pedestrian Accessibility Route 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);
b. Curb ramps must be directional;
c. Vehicular crossings (at driveways);
d. Crosswalks (marked)

1.12. Pedestrian facilities ( privately or publicly owned ) that are open to the public shall comply with accessibility standards in the CBC and ADA regulations per Part 36 of Title 28, which include the 2010 (ADA) Standards

1.13. Existing pedestrian facilities on the frontage of the development shall be evaluated for accessibility.

The street frontage includes all adjacent pedestrian facilities, including crosswalks, created by, prolongated from, or connected to any required sidewalks improvements. The frontage may include sidewalks, curb ramps, connecting crosswalks ( marked and unmarked), and their associated pedestrian facilities (on-street parking space, etc.).
a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project:
i. Sidewalks along frontage to B Street and 2nd Street
ii. curb ramps at T- intersection of B Street and 2nd Street (minimum 1 east-west and 1 north-south crossing), upgrade to directional ramps iii. crosswalk pavement and associated pedestrian facilities (maneuvering, clear space) connecting B St and 2nd St crossings
iv. driveway and alley approaches crossings

b. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility 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 and dimensions and slopes of maneuvering spaces and landings, width of sidewalk, 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 remedied and brought up to accessibility standards as part of the project.

1.14. Pay all applicable fees pursuant to City 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 th at the fees are due, or the date that they are paid, whichever occurs last. The fee amount stated in this notice is subject to change based on (1) annual adjustments for inflation, pursuant to Chino Municipal Code Section 3.40.100 92 PROJECT NO. PL22-0022(AA) 4 January 3, 2023

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 Section 3.40.080(B) or 3.45.080(B).

1.15. 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.

1.16. City staff shall determine the type of water (potable or recycled) to be used for grading operations, dust control activities, and common area/public landscape irrigation at the time of permit issuance.

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

1.18. 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 distanc e requirements are perpetuated.

1.19. 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.

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

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

2.2. Underground all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Code, Chapter 13.32

2.3. Distribute for signature of all buyers, the information and disclosure notice announcing that the development will be annexed to the City's Landscape and Street Lighting Maintenance Assessment District before transfer of property title and completion and acceptance of all public improvements.

2.4. Pay all remaining applicable fees pursuant to City Code.

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

3.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

3.1 Complete all Conditions of Approval listed under Sections 1-2 above.

3.2 Submit to the City, electronic files of “as -built” improvement plans in AUTOCAD, E sri GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an e -transmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.

Attachment
93 Rev 10/19/22

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
PROJECT NO. PL22-0022 (AA)

PROJECT ENGINEER: Michele Hindersinn
DATE: 12/27/2022

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

1 Copy of Development Engineering Division Conditions of Approval

2 Sets of Maps (Subdivision Only)

2 Copies of preliminary Title Report (no older than six months) (Subdivision Only)

2 Copies of Closure Calculations (Subdivision Only)

1 Set of Referenced Maps (Subdivision Only)

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

2 Copies of lot line adjustment certificate

2 Copies of lot merger

2 Copies of right-of-way dedication

4 Sets of Rough Grading Plans

5 Sets of Precise Grading Plans

4 Sets of Storm Drain Plans

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

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

3 Sets of Street Improvements Plans

3 Copies of Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements

2 Sets of Sewer Plans (include new laterals on Precise Grading Plan)

3 Sets of Domestic Water Plans (include new services on Precise Grading Plans)

2 Sets of Recycled Water Plans

2 Sets of Street Light Plans

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

2 Sets of Signing and Striping Plans

1 Sets of Traffic Signal Interconnect Plans

2 Sets of Traffic Signal Plans

1 Water Quality Management Plan

1 Construction Management Plan

94 RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal 800.00$ -$
CY Concrete Removal 325.00$ -$
CY AC Pavement Removal 100.00$ -$
CY Imported Common Fill (Incl. Compaction) 34.00$ -$ SF Preparation of Subgrade, Sidewalk and Paving 1.00$ -$ LF PCC 8" Curb & 24" Gutter on 6" AB 26.00$ -$ LF PCC 6" Curb & 24" Gutter on 6" AB 24.00$ -$ LF PCC Curb Only 20.00$ -$
LF 8" A.C. Berm 20.00$ -$
SF 8" PCC Cross Gutter on 6" AB 16.00$ -$ SF 4" PCC Sidewalk 5.80$ -$
200 SF 6" PCC Thick Drive Approach on 6" AB 12.50$ 2,500.00$ SF 8" PCC Thick Drive Approach on 6" AB 15.00$ -$ LF 2" x 6" Redwood Header 7.50$ -$
EA Street Sign and Post 475.00$ -$
EA Traffic Sign and Post 400.00$ -$
EA Reflector Sign and Post 175.00$ -$
EA Painted Legend 6.50$ -$
SF Prime or Tack Coat 0.08$ -$
TON AC Variable - <300T 130.00$ -$
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

APPROVED

CITY OF CHINO ENGINEERING
BY DATE4/28/20
JA 2024.11.2695
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
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 Light (City Owner) 7,700.00$ -$
EA Electrical Pedestal 6,500.00$ -$
EA Lot Monument Setting Fee 550.00$ -$
LF Sawcut A.C. 3.00$ -$
LF Sawcut Concrete 3.00$ -$
SF Cold Plane A.C. 2" Thick 0.28$ -$
LF Signing & Striping for
Arterial 19.00$ -$
Collector 13.00$ -$
Local 7.00$ -$
EA Traffic Signal (8 - Phase Controller) 350,000.00$ -$ EA Modify 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 Utility Poles
Transmission 11,500.00$ -$
Distribution 8,000.00$ -$
Service 3,000.00$ -$
EngCostEstimate Page 2 of 10 Effective Date: January 1, 202196 RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
SF
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection to Existing Systems) 15.00$ - $
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 Crossing (Concrete) 175.00$ -$
SF Approach 4.00$ -$
EA S.W. Ramps (A.D.A. Compliant) 4,000.00$ -$
EA Traffic Signal Loops 600.00$ -$

STREETS
STREET SUBTOTAL 2,500.00 $
LS Mobilzation (5% of Construction Cost) 5% 125.00$
LS Traffic Control (5% of Construction Cost) 5% 125.00$ LS Clear & Grub Site (5% of Construction Cost) 5% 125.00$ LS Excavation (Clean Material) (5% of Construction Cost) 5% 125.00$ GRAND TOTAL STREETS ONLY 3,000.00$
EngCostEstimate Page 3 of 10 Effective Date: January 1, 202197 RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
19 LF Trench Support/Shoring (6 foot depth) 15.00$ 285.00$ 26 CY Pipe Bedding & Compaction (Imported) 90.00$ 2,340.00$ 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, Disposal 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 Hydrant Assembly per City Std. 7,500.00$ -$ EA Blow-off Assembly 4" per City Std. 8,600.00$ -$ EA 2" Air Relief Assembly 4,500.00$ -$
2 EA 1" Water Service/Meter 3,500.00$ 7,000.00$ EA 2" Water Service/Meter 4,500.00$ -$
WATER
WATER SUBTOTAL 9,625.00$
LS Mobilzation (5% of Construction Cost) 5% 481.25$
LS Traffic Control (5% of Construction Cost) 5% 481.25$ GRAND TOTAL WATER ONLY 10,587.50$
EngCostEstimate Page 4 of 10 Effective Date: January 1, 202198 RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item

RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ -$ CY Pipe 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 Hydrant Assembly per City Std. 7,500.00$ -$ EA Blow-off Assembly 5" per City Std. 8,600.00$ -$ EA 2" Air Relief Assembly 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, 202199 RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
10 LF Trench Support/Shoring 15.00$ 150.00$ 10 LF
4" Installed, including excavation, bedding, backfill and pavement restoration $75.00 750.00$
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 Wyes 4" x 8" Typical $225.00 -$
EA 48" Sewer Manhole $4,700.00 -$
EA 60" Sewer Manhole $7,500.00 -$
1 EA Sewer Cleanout $1,800.00 1,800.00$
SEWER
SEWER SUBTOTAL 2,700.00$
LS Mobilization (5% of Construction Cost) 5% 135.00$
LS Traffic Control (5% of Construction Cost) 5% 135.00$ GRAND TOTAL SEWER ONLY 2,970.00$
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021100 RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
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$ - $ 20 LF 4" PVC Drainage Pipe 2.40 $ 48.00$

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
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 48.00$
LS Mobilization (5% of Construction Cost) 5% 2.40$
LS Traffic Control (5% of Construction Cost) 5% 2.40$
GRAND TOTAL STORM DRAIN ONLY 52.80$
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021102 RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 3,000.00 $
GRAND TOTAL WATER ONLY 10,587.50$
GRAND TOTAL RECYCLED WATER ONLY -$
GRAND TOTAL SEWER ONLY 2,970.00$
GRAND TOTAL STORM DRAIN ONLY 52.80$

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) 16,610.30$
PROJECT ADDITIVES Project Contingencies 10% 1,661.03$
Construction Staking 3% 498.31$
Soils Testing 1% 166.10$
Material Testing 1% 166.10$
Construction Inspection 4.8% 797.29$
Contract Administration 1% 166.10$
GRAND TOTAL (FOR BOND AMOUNTS) 20,065.24$
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021103 RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0021)
LOCATION : APN: 1020-012-02
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By: Hector Moreno
R.C.E. Number: 66015
Expiration: 6/30/2026
Place R.C.E. Stamp and Signature Here (required)

BY CITY
Faithful Performance Bond (100% of Construction Cost) 20,100.00$ Labor & Material Bond (50% of Construction Cost) 10,000.00$ Warranty Bond (10% of Construction Cost) 2,000.00$
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021104 RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal 800.00$ -$
5 CY Concrete Removal 325.00$ 1,625.00$
CY AC Pavement Removal 100.00$ -$
CY Imported Common Fill (Incl. Compaction) 34.00$ -$ 1437 SF Preparation of Subgrade, Sidewalk and Paving 1.00$ 1,437.00$ 61 LF PCC 8" Curb & 24" Gutter on 6" AB 26.00$ 1,586.00$ 90 LF PCC 6" Curb & 24" Gutter on 6" AB 24.00$ 2,160.00$ LF PCC Curb Only 20.00$ -$
LF 8" A.C. Berm 20.00$ -$
SF 8" PCC Cross Gutter on 6" AB 16.00$ -$ 1051 SF 4" PCC Sidewalk 5.80$ 6,095.80$ 386 SF 6" PCC Thick Drive Approach on 6" AB 12.50$ 4,825.00$ SF 8" PCC Thick Drive Approach on 6" AB 15.00$ -$ LF 2" x 6" Redwood Header 7.50$ -$
2 EA Street Sign and Post 475.00$ 950.00$
EA Traffic Sign and Post 400.00$ -$
EA Reflector Sign and Post 175.00$ -$
7 EA Painted Legend 6.50$ 45.50$
SF Prime or Tack Coat 0.08$ -$
TON AC Variable - <300T 130.00$ -$
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

APPROVED

CITY OF CHINO ENGINEERING
BY DATE4/28/20
JA 2024.11.26105
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
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$ -$ 2 EA Street Light (City Owner) 7,700.00$ 15,400.00$ EA Electrical Pedestal 6,500.00$ -$
EA Lot Monument Setting Fee 550.00$ -$
815 LF Sawcut A.C. 3.00$ 2,445.00$
20 LF Sawcut Concrete 3.00$ 60.00$
5532 SF Cold Plane A.C. 2" Thick 0.28$ 1,548.96$ LF Signing & Striping for
Arterial 19.00$ -$
118 Collector 13.00$ 1,534.00$
Local 7.00$ -$
EA Traffic Signal (8 - Phase Controller) 350,000.00$ -$ EA Modify existing Traffic Signal per Quadrant 75,000.00$ -$ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal of
Existing Fence) 25.00$ - $
226
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) 35.00$ 9,944.00$
EA Utility Poles
Transmission 11,500.00$ -$
Distribution 8,000.00$ -$
Service 3,000.00$ -$
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021106 RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
SF
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection to Existing Systems) 15.00$ - $
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 Crossing (Concrete) 175.00$ -$
SF Approach 4.00$ -$
1 EA S.W. Ramps (A.D.A. Compliant) 4,000.00$ 4,000.00$ EA Traffic Signal Loops 600.00$ -$

STREETS
STREET SUBTOTAL 53,656.26 $
LS Mobilzation (5% of Construction Cost) 5% 2,682.81$
LS Traffic Control (5% of Construction Cost) 5% 2,682.81$ LS Clear & Grub Site (5% of Construction Cost) 5% 2,682.81$ LS Excavation (Clean Material) (5% of Construction Cost) 5% 2,682.81$ GRAND TOTAL STREETS ONLY 64,387.51$
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021107 RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
19 LF Trench Support/Shoring (6 foot depth) 15.00$ 285.00$ 26 CY Pipe Bedding & Compaction (Imported) 90.00$ 2,340.00$ 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, Disposal 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$ -$
1 EA Fire Hydrant Assembly per City Std. 7,500.00$ 7,500.00$ EA Blow-off Assembly 4" per City Std. 8,600.00$ -$ EA 2" Air Relief Assembly 4,500.00$ -$
2 EA 1" Water Service/Meter 3,500.00$ 7,000.00$ EA 2" Water Service/Meter 4,500.00$ -$
WATER
WATER SUBTOTAL 17,125.00$
LS Mobilzation (5% of Construction Cost) 5% 856.25$
LS Traffic Control (5% of Construction Cost) 5% 856.25$ GRAND TOTAL WATER ONLY 18,837.50$
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021108 RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
10 LF Trench Support/Shoring 15.00$ 150.00$ 10 LF
4" Installed, including excavation, bedding, backfill and pavement restoration $75.00 750.00$
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 Wyes 4" x 8" Typical $225.00 -$
EA 48" Sewer Manhole $4,700.00 -$
EA 60" Sewer Manhole $7,500.00 -$
1 EA Sewer Cleanout $1,800.00 1,800.00$
SEWER
SEWER SUBTOTAL 2,700.00$
LS Mobilization (5% of Construction Cost) 5% 135.00$
LS Traffic Control (5% of Construction Cost) 5% 135.00$ GRAND TOTAL SEWER ONLY 2,970.00$
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021110 RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
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$ - $
20 LF 4" PVC Drainage Pipe 2.40$ 48.00$

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 64,387.51 $
GRAND TOTAL WATER ONLY 18,837.50$
GRAND TOTAL RECYCLED WATER ONLY -$
GRAND TOTAL SEWER ONLY 2,970.00$
GRAND TOTAL STORM DRAIN ONLY 52.80$

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) 86,247.81$
PROJECT ADDITIVES Project Contingencies 10% 8,624.78$
Construction Staking 3% 2,587.43$
Soils Testing 1% 862.48$
Material Testing 1% 862.48$
Construction Inspection 4.8% 4,139.89$
Contract Administration 1% 862.48$
GRAND TOTAL (FOR BOND AMOUNTS) 104,187.36$
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021113 RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Offsite Improvements (PL22-0022)
LOCATION : APN: 1020-012-01
By: AEC Moreno Corporation
DATE: 11/26/2024
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By: Hector Moreno
R.C.E. Number: 66015
Expiration: 6/30/2026
Place R.C.E. Stamp and Signature Here (required)

BY CITY
Faithful Performance Bond (100% of Construction Cost) 104,200.00$ Labor & Material Bond (50% of Construction Cost) 52,100.00$ Warranty Bond (10% of Construction Cost) 10,400.00$
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021114 01225.0006/367559.3 C-1

EXHIBIT “C”
PL22-0021 (AA) & PL22-0022 (AA)

ENVIRONMENTAL WARRANTY

As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above-named Applicant to the City of Chino for the above-referenced Subdivision, Applicant hereby warrants to the City of Chino that:

1. Neither the property to be dedicated nor Applicant are in violation of any environmental law, and neither the property to be dedicated nor the Applicant 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 Applicant nor any other person with Applicant’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. Applicant 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. Applicant’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 Applicant hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Applicant 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 Applicant’s environm ental experts, to make the representations herein, and that no consent of any other party is 115
01225.0006/367559.3 C-2

required to execute this warranty and make the representations herein on behalf of the Applicant to the City of Chino.

Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.

Dated: _________________________

JJRD PROPERTIES, LLC

_________________________

*Proof of authorization for Applicant’s signatures is required to be submitted concurrently with this environmental warranty.

116

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 18, 2025

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

SUBJECT
..titl e
Public Improvement Agreement with CarMax Auto Superstores, Inc. ..end

RECOMMENDATION
Approve a Public Improvement Agreement with CarMax Auto Superstores, Inc. for the CarMax Vehicle Wholesale Auction Facility located at 11708 East End Avenue ; and authorize the City Manager to execute all the necessary documents on behalf of the City. ..body

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

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

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. 117
CITY COUNCIL MEETING DATE: MARCH 18, 2025
TITLE: PUBLIC IMPROVEMENT AGREEMENT WITH CARMAX AUTO SUPERSTORES, INC.

PAGE: 2

BACKGROUND
Chino East End Industrial, LLC (“Developer”) submitted its application to the C ounty of San Bernardino (“County”) to develop existing parcels (APNs: 1013-271-01 and 1013-261-17) for the future construction of a CarMax Vehicle Wholesale Auction Facility (“Project”) in the Light Industrial General Plan land -use designation zone. The Project, located at 11708 East End Avenue, was within the City’s Sphere of Influence (“SOI”) prior to its annexation into the City in October 2024, as shown in Exhibit A.

At the Developer’s request, the City analyzed the existing sewer facilities contiguous t o the subject property that could potentially provide sanitary sewer service to the Project. The City requested that the Developer provide a sewer study to ensure that the 8 -inch sewer main in East End (fronting the proposed develo pment) is adequate to handle the additional flows generated from the subject property, and the tributary properties that will connect to the sewer line in East End Avenue in the future. The analysis also evaluated the proposed point of connection and deter mined that no system deficiencies or needed improvements to up -size downstream facilities for the purpose of taking on the additional flows is necessitated by the proposed development.

ISSUES/ANALYSIS
The Developer requested the Sewer “As-Built” Drawings from the City and submitted a revised plan to incorporate a new sewer lateral connection for the Project. Construction then began after the Developer secured an encroachment permit from the City . During excavation , significant utility conflicts we re identified, primarily due to insufficient vertical clearances. As a result , the Developer submitted a revised design to reconstruct a section of the existing sewer line along East End Avenue to avoid the existing utility conflicts. Due to the expanded scope of work within the City's right -of-way, execution of a Public Improvement Agreement (PIA) and the posting of securities is required.

CarMax Auto Superstores has a leasehold interest in the property with the Developer. CarMax Auto Superstores intends to develop the Property for use as a wholesale auction. The attached letter (Exhibit B) serves as an authorization for CarMax Auto Superstores to sign, obtain any permits, and pay all fees as necessary to develop the Project on the Property during the term of its lease. The foregoing authorization includes the ability to enter into ancillary documents with the City and/or provide security for the completion of improvements, including, without limitation, entering into a public improvement agreement with the City for the completion of work relating to the Project. CarMax Auto Superstores shall remain solely responsible for all obligations under such agreements and permits, all as subject to CarMax Auto Superstores' leasehold interest, and such obligations and agreements shall not otherwise burden or be binding on the Developer or the property.

CarMax Auto Superstores has provided the required performance and labor/material bonds and will furnish a warranty bond upon final acceptance by the City Council. All costs associated with the public improvements are borne by the leaseholder, CarMax Auto Superstores.

Additionally, the project was not conditioned under the City's entitlement authority but falls under the jurisdiction of the County. The only public infrastructure improvements subject to the City's engineering oversight are the sewer system modifications. All other o ff-site improvements required as conditions of approval will be administered and facilitated by the County.

Attachments: Exhibit A - Location Map
Exhibit B – Authorization Letter
Exhibit C – Public Improvement Agreement
118
CITY COUNCIL MEETING DATE: MARCH 18, 2025
TITLE: PUBLIC IMPROVEMENT AGREEMENT WITH CARMAX AUTO SUPERSTORES, INC.

PAGE: 3

119
120
01225.0006/367559.3 Updated 10-2020

PUBLIC IMPROVEMENT AGREEMENT

by and between

CITY OF CHINO

and

CARMAX AUTO SUPERSTORES, INC.

121
01225.0006/367559.3

PUBLIC IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND
CARMAX AUTO SUPERSTORES, INC.

Agreement Date: March 18, 2025

Developer: CARMAX AUTO SUPERSTORES, INC.

Project Description: Construction of a 10,000 square foot CarMax Vehicle Wholesale Auction Facility located at 11708 East End Avenue.

Project No.: MS23-0006LD

Estimated Total Cost of Improvements: $75,000.00

Security:

Bond No.: ____________________

Surety: ___________________
122
01225.0006/367559.3
Designees for the Service of Written Notice:

CITY: DEVELOPER:

Jesus Plasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710

(909) 334-3417
[email protected]

CarMax Auto Superstores, Inc.

Attn: Josh Abig
12800 Tuckahoe Creek Parkway
Richmond, VA 23238

804-747-0422 x4237
[email protected]

CITY PROJECT INSPECTOR

Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710

(909) 334-3501
[email protected]

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TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Approval

1.3 Intent of Plans

1.4 Performance of Work

1.5 Changes in the Work

1.6 Defective Work

1.7 No Warranty by City

1.8 Authority of the City Engineer

1.9 Documents Available at the Site

1.10 Inspection

1.11 Compliance with Law; Applicable Standards for Improvements

1.12 Suspension of Work

1.13 Erosion and Dust Control and Environmental Mitigation

1.14 Final Acceptance of Works of Improvement

1.15 Vesting of Ownership

1.16 Developer’s Obligation to Warn Public During Construction

1.17 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Developer’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 124
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5.1 Developer Responsible for All Related Costs of Construction

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

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Developer

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Developer’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Developer is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority
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1 PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this “Agreement”) is en tered into this 18th day of March, 2025, 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 CARMAX AUTO SUPERSTORES, INC. (“DEVELOPER”).

RECITALS
A. Developer is the ground tenant of certain real property located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”, which Developer proposes to develop and construct certain work s of improvement thereon, as hereafter set forth.

B. Developer has applied for and received conditional approval from the County of San Bernardino to construct a 10,000 square foot CarMax Vehicle Wholesale Auction Facility located at 11708 East End Avenue (the “Project”).

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 and in consideration of City ’s site plan or other entitlements for the Property and permitting development of the Property to proceed, 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, domestic water, sanitary sewer , street lighting, landscaping, utility, and other improvements more fully described as Exhibit “B” attached hereto (the “Works of Improvement ”), as the same may be supplemented and revised from time to time as 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 $75,000.00.

1.2. Other Obligations Referenced in Conditions of Tentative Map Approval . In addition to the foregoing, Developer shall satisfy all of the other Conditions associated with the Project and the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.
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2 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 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 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 may mutually agree upon changes to the Works of Improvement , subject to the security requirements in Section 4.

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

1.7. No Warranty by City . The Plans for the Works of Improvement have been prepared by or on behalf of Developer or its 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. 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 127
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3 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 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.

1.10. 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’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be 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 what soever, Developer and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.

1.13. Erosion and Dust Control and Environmental Mitigation . All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to 128
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4 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.

1.14. Final Acceptance of Works of Improvement . After Developer’s contractor has completed all of the Works of Improvement, Developer shall then request a final 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’s contractor has completed these items, the procedure shall then be the same as specified above for the Developer’s contractor’s initial request for final inspection. If items are found by City ’s inspector s to be incomplete or not in compliance 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 recordat ion of the Notice of Acceptance , Developer shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements and shall take reasonable actions to protect the public from such dangerous condition. Until re cordation of the Notice of Acceptance, Developer shall provide forty-eight ( 48) hours’ advance written notice to all neighboring property owners and tenants affected by Developer’s operations or construction of the hours, dates and duration of any planned construction activities.

1.17. Injury to Public Improvements, Public Property or Public Utility. 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 surveying or subdivision monuments and benchmarks which are destroyed or damaged for 129
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5 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 Section s 2.2 and 2.3 below, Developer 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 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.

2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Developer’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 Developer, including to the extent applicable adverse weather conditions, flood, fire, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including 130
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6 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 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 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), 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 or other reasons wholly outside of Developer’s control excepted.

3. Labor.

3.1. Labor Standards. This Agreement is subject to, and Developer agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, 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 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 131
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7 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 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 $75,000.00 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 $37,500.00 equal to 50% of the estimated construction cost referenced in Section 1.1.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for 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 $7,500.00 equal to 1 0% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Security Instruments . All Security 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.
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8 (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 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 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).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. (iv) If the Developer seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Developer to the City 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. 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 133
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9 be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not 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 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) Developer has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Developer has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (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, 134
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10 Developer has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Developer’s written request upon the expiration of the warranty 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. Payment to City 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. Payment of Development Impact Fees . Developer shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 and Chapter

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 approvals for the Project, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.

7. Warranty 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) 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 135
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11 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 by Developer. Default by Developer shall include, but not be limited to:
(a) Developer’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Developer’s failure to timely complete construction of the Works of Improvement;
(c) Developer’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Developer’s insolvency, appointment of a receiver, or the filing of any petition in 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. In this event t he 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 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.
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12 8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Developer hereunder, the Developer agrees that the choice of remedy or remedies for Developer’s breach shall be in the 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 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. 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 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 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 Project, 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 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 137
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13 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 Indemnity of Project Approval . Developer 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 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, 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. 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 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.
138
01225.0006/367559.3
14 (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 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: “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 Developer shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self -insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are 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.”
139
01225.0006/367559.3
15 (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 shall 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 Warranty.

12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Developer shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. (b) Neither Developer nor any other person with Developer’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or 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 140
01225.0006/367559.3
16 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) Developer 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) Developer’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. Developer shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the 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) Developer’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 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 141
01225.0006/367559.3
17 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. 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 City. 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.

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 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. 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. 142
01225.0006/367559.3
18 13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.

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

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

13.12. Entire Agreement; Waivers and Amendments . This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and 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.

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]
143
144
145
01225.
0006/367559.3

EXHIBIT “A”

LOCATION MAP
146
01225.
0006/367559.3
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. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.

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

The Developer 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. 147
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: M23-0006LD.SEW01
LOCATION : SW Corner of East End Ave and Francis Ave
By:

DATE: 11/22/2024
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal 800.00$ -$
CY Concrete Removal 325.00$ -$
CY AC Pavement Removal 100.00$ -$
CY Imported Common Fill (Incl. Compaction) 34.00$ -$ SF Preparation of Subgrade, Sidewalk and Paving 1.00$ -$ LF PCC 8" Curb & 24" Gutter on 6" AB 26.00$ -$ LF PCC 6" Curb & 24" Gutter on 6" AB 24.00$ -$ LF PCC Curb Only 20.00$ -$
LF 8" A.C. Berm 20.00$ -$
SF 8" PCC Cross Gutter on 6" AB 16.00$ -$ SF 4" PCC Sidewalk 5.80$ -$
SF 6" PCC Thick Drive Approach on 6" AB 12.50$ -$ SF 8" PCC Thick Drive Approach on 6" AB 15.00$ -$ LF 2" x 6" Redwood Header 7.50$ -$
EA Street Sign and Post 475.00$ -$
EA Traffic Sign and Post 400.00$ -$
EA Reflector Sign and Post 175.00$ -$
EA Painted Legend 6.50$ -$
SF Prime or Tack Coat 0.08$ -$
TON AC Variable - <300T 130.00$ -$
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 148
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: M23-0006LD.SEW01
LOCATION : SW Corner of East End Ave and Francis Ave
By:

DATE: 11/22/2024
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 Light (City Owner) 7,700.00$ -$
EA Electrical Pedestal 6,500.00$ -$
EA Lot Monument Setting Fee 550.00$ -$
LF Sawcut A.C. 3.00$ -$
LF Sawcut Concrete 3.00$ -$
SF Cold Plane A.C. 2" Thick 0.28$ -$
LF Signing & Striping for
Arterial 19.00$ -$
Collector 13.00$ -$
Local 7.00$ -$
EA Traffic Signal (8 - Phase Controller) 350,000.00$ -$ EA Modify 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 Utility Poles
Transmission 11,500.00$ -$
Distribution 8,000.00$ -$
Service 3,000.00$ -$
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 149
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: M23-0006LD.SEW01
LOCATION : SW Corner of East End Ave and Francis Ave
By:

DATE: 11/22/2024
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
SF
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection to Existing Systems) 15.00$ - $
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 Crossing (Concrete) 175.00$ -$
SF Approach 4.00$ -$
EA S.W. Ramps (A.D.A. Compliant) 4,000.00$ -$
EA Traffic Signal Loops 600.00$ -$

STREETS
STREET SUBTOTAL - $
LS Mobilzation (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
LS Clear & Grub Site (5% of Construction Cost) 5% -$
LS Excavation (Clean Material) (5% of Construction Cost) 5% -$ GRAND TOTAL STREETS ONLY -$
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 150
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: M23-0006LD.SEW01
LOCATION : SW Corner of East End Ave and Francis Ave
By:

DATE: 11/22/2024
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
43 LF Trench Support/Shoring (6 foot depth) 15.00$ 645.00$ 21 CY Pipe Bedding & Compaction (Imported) 90.00$ 1,890.00$ 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, Disposal 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 Hydrant Assembly per City Std. 7,500.00$ -$ EA Blow-off Assembly 4" per City Std. 8,600.00$ -$ EA 2" Air Relief Assembly 4,500.00$ -$
EA 1" Water Service/Meter 3,500.00$ -$
2 EA 2" Water Service/Meter 4,500.00$ 9,000.00$ WATER
WATER SUBTOTAL 11,535.00$
LS Mobilzation (5% of Construction Cost) 5% 576.75$
LS Traffic Control (5% of Construction Cost) 5% 576.75$ GRAND TOTAL WATER ONLY 12,688.50$
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 151
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: M23-0006LD.SEW01
LOCATION : SW Corner of East End Ave and Francis Ave
By:

DATE: 11/22/2024
Quantity Unit Item Unit Total Cost
Price Per Item

RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ -$ CY Pipe Bedding (Imported) 90.00$ -$
LF
2" 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 Hydrant Assembly per City Std. 7,500.00$ -$ EA Blow-off Assembly 5" per City Std. 8,600.00$ -$ EA 2" Air Relief Assembly 4,500.00$ -$
EA 1" Water Service/Meter 3,500.00$ -$
EA 2" Water Service/Meter 4,500.00$ -$

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: M23-0006LD.SEW01
LOCATION : SW Corner of East End Ave and Francis Ave
By:

DATE: 11/22/2024
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
0 LF Trench Support/Shoring 15.00$ -$
49 LF
6" Installed, including excavation, bedding, backfill and pavement restoration $75.00 3,675.00$
324 LF
8" Installed, including excavation, bedding, backfill and pavement restoration $93.00 30,132.00$
0 LF
10" Installed, including excavation, bedding, backfill and pavement restoration $103.00 -$
0 LF
12" Installed, including excavation, bedding, backfill and pavement restoration $123.00 -$
0 LF
15" Installed, including excavation, bedding, backfill and pavement restoration $143.00 -$
0 LF
18" Installed, including excavation, bedding, backfill and pavement restoration $163.00 -$
0 LF
21" Installed, including excavation, bedding, backfill and pavement restoration $193.00 -$
0 LF
24" Installed, including excavation, bedding, backfill and pavement restoration $208.00 -$
0 EA Sewer Saddle $450.00 -$
0 EA Wyes 4" x 8" Typical $225.00 -$
0 EA 48" Sewer Manhole $4,700.00 -$
1 EA 60" Sewer Manhole $7,500.00 7,500.00$
2 EA Sewer Cleanout $1,800.00 3,600.00$
SEWER
SEWER SUBTOTAL 44,907.00$
LS Mobilization (5% of Construction Cost) 5% 2,245.35$
LS Traffic Control (5% of Construction Cost) 5% 2,245.35$ GRAND TOTAL SEWER ONLY 49,397.70$
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 153
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: M23-0006LD.SEW01
LOCATION : SW Corner of East End Ave and Francis Ave
By:

DATE: 11/22/2024
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 154
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: M23-0006LD.SEW01
LOCATION : SW Corner of East End Ave and Francis Ave
By:

DATE: 11/22/2024
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 155
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: M23-0006LD.SEW01
LOCATION : SW Corner of East End Ave and Francis Ave
By:

DATE: 11/22/2024
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY - $
GRAND TOTAL WATER ONLY 12,688.50$
GRAND TOTAL RECYCLED WATER ONLY -$
GRAND TOTAL SEWER ONLY 49,397.70$
GRAND TOTAL STORM DRAIN ONLY -$

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) 62,086.20$
PROJECT ADDITIVES Project Contingencies 10% 6,208.62$
Construction Staking 3% 1,862.59$
Soils Testing 1% 620.86$
Material Testing 1% 620.86$
Construction Inspection 4.8% 2,980.14$
Contract Administration 1% 620.86$
GRAND TOTAL (FOR BOND AMOUNTS) 75,000.13$
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 156
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: M23-0006LD.SEW01
LOCATION : SW Corner of East End Ave and Francis Ave
By:

DATE: 11/22/2024
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By: John Pollock
R.C.E. Number: 86160
Expiration: 31-Dec-25

BY CITY
Faithful Performance Bond (100% of Construction Cost) 75,000.00$ Labor & Material Bond (50% of Construction Cost) 37,500.00$ Warranty Bond (10% of Construction Cost) 7,500.00$
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 157
01225.
0006/367559.3

EXHIBIT “C”

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

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

2. Neither Developer nor any other person with Developer’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. Developer 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. Developer’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 Developer hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Developer 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 Developer’s environmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Developer to the City of Chino.
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MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 18, 2025

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

SUBJECT
..titl e
Acceptance of CalRecycle Used Oil Payment Program (OPP15) Grant Funds. ..end

RECOMMENDATION
1) Authorize the acceptance of the State Department of Resources, Recycling and Recovery (CalRecycle) Used Oil Payment Program (OPP15) grant funds for $13,196; 2) establish grant number G7250 for FY2024 -25; 3) appropriate $13,196 to the Sanitation Fund (550), with a corresponding increase to the Sanitation Fund revenues in the same amount ; and 4) authorize the City Manager to execute the necessary documents on behalf of the City. ..body

FISCAL IMPACT
Requires an appropriation of $13,196 to the Sanitation Fund (550) , with a corresponding increase to the Sanitation Fund revenues in the same amount . This appropriation is fully offset with grant funding from the State of California, Department of Resources Recycling and Recovery and there is no city matching requirement.

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
 Public Service Excellence through Internal and External Partnerships

Revenue: 5507380 – 59500 – G7250

Expenditure: 5507380 – 40010 – G7250
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CITY COUNCIL MEETING DATE: MARCH 18, 2025
TITLE: ACCEPTANCE OF CALRECYCLE USED OIL PAYMENT PROGRAM (OPP15) GRANT FUNDS.

PAGE: 2

BACKGROUND
The State of California awards annual Used Oil Payment Program (OPP) funds to cities and counties for used oil and used oil filter recycling activities. The State awards amounts based on a per capita formula which also causes a fluctuation from year-to-year due to population change and OPP fund availability.

ISSUES/ANALYSIS
The Department of Resources Recycling and Recovery (CalRecycle) has made funds available to cities and counties since the early 1990s for support and promotion of used oil and household hazardous waste programs. These funds supplement costs for the City’s inspection of certified oil collection centers, as well as outreach, education, and materials to promote used oil recycling.

Staff received notification from CalRecycle that funding was approved from the OPP to be expended during the grant cycle term of July 1, 2024 through June 30, 202 6, which covers Fiscal Years 2024 -25 and 2025 -26. Therefore, Staf f is recommending an appropriation of $13,196 from the unappropriated reserves of the Sanitation Fund with a corresponding increase to the revenues. There are no city matching funds required. The Fiscal Year 2024 -25 funds will be distributed by the State Controller’s Office in Spring 2025.

162

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: MARCH 18, 2025

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

SUBJECT
..titl e
Adoption of Ordinance No. 2025-002.
..end

RECOMMENDATION
Adopt Ordinance No. 202 5-002, approving the Chino Police Department's "Military Equipment" Use Policy (Second Reading).
..body

FISCAL IMPACT
There is no fiscal impact.

Revenue:

Expenditure:

Transfer In: Transfer Out:
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CITY COUNCIL MEETING DATE: MARCH 18, 2025
TITLE: ADOPTION OF ORDINANCE NO. 2025-002.

PAGE: 2

BACKGROUND
This matter was introduced on first reading by the City Council at their March 4, 2025 meeting.

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

To meet the requirements of AB 481, the Chino Police Department has update d the policy and ordinance. Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
ORDINANCE NO. 2025-002:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA APPROVING THE UPDATED CHINO POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY

Attachment – Ordinance 2025-002

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ORDINANCE NO. 2025-002

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

CALIFORNIA APPROVING THE UPDATED CHINO POLICE
DEPARTMENT’S MILITARY EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparenc y, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the Chino Police Department is in possession of certain items of equipment that qualify under the broad definition of “military equipment” under AB 481; and WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released and written military equipment use policy document coveri ng the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment; and
WHEREAS, Lexipol Policy 708 “The Use of Military Equipment as defined by AB 481,” was published on the Chino Police Department’s internet website on January 20, 2025. The same was presented to Chino City Council on March 4, 2025 and adopted on March 18, 2025; and WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and
WHEREAS, on January 20, 2025, the City Police Department published on the Chino Police Department’s internet website the opportunity for any members of the public to attend a community engagement meeting on Thursday, February 20, 2025, at 6:00 p.m. in the Chino Police Department Community Room and discuss the proposed updates to the Military Equipment Use Policy; and WHEREAS, the City Council of the City of Chino, having received the information required under AB 481 regarding the Chino Police Department’s use of “military equipment” as defined in said law, deems it to be in the best interest of the City to approve updates to the Military Equipment Use Policy as set forth herein.

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

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

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

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ORDINANCE 2025-002

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Chino City CouncilMarch 18, 2025

Chino City Council
March 18, 2025