Agenda packet — Chino City Council, November 4, 2025 (part 1 of 4)

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 Council Chambers. Additionally, members of the public may submit electronic public comments to [email protected] 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, NOVEMBER 4, 2025

REGULAR MEETING
AGENDA
CLOSED SESSION – 5:00 PM
OPEN SESSION – 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.

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

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: Kavoos Nassiri Ghotbabadi v. City of Chino, Alexander Guardado, et al. (S.B. Superior Court Case No. CIVSB2310426)

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

Agency Negotiator: Terry Doyle, Director of Human Resources/Risk Management Employee Organizations: Chino City Hall Confidential Employee Association; Chino Police 1 CHINO CITY COUNCIL
NOVEMBER 4, 2025 2
Management Association (CPMA); Chino Police Officers Association (CPOA); Chino Police Professional Employees Association (CPPEA); Teamsters Local1932 Professional, Technical and Clerical Unit; American Federation of State, County, and Municipal Employees (AFSCME District Council 36 - Local 3183 ); Unrepresented Management Sworn and Professional; Executive Management and Deputy Directors; and Part-time Employees

FLAG SALUTE

CEREMONIALS
Proclamations
Purple Heart City Proclamation to reaffirm the City of Chino's proud commitment to be a Purple Heart City along the Purple Heart Trail to honor the service and sacrifice made to preserve our freedom.

Law Enforcement Records and Support Personnel Week - Proclaim November 10 -14, 2025 as Law Enforcement Records and Support Personnel Week in the City of Chino.

America Recycles Day - Proclaim November 15, 2025 as America Recycles Day in the City of Chino.

Presentations
2025 City of Chino Recycling All Stars - Recognition of Residential Recycling All Star Noe Brito and Commercial Recycling All Star Homecoming at the Preserve in Honor of America Recycles Day presented with Waste Management.

Business of the Month - Award of Business of the Month for November 2025 to:
- Old Fashion Donuts
- Smash Factor Lounge
Mayor’s Home Beautification Award - Award of Mayor’s Home Beautification Award for November 2025.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

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

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97-08 (Chino Municipal Code Section

2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2). 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.
2 CHINO CITY COUNCIL
NOVEMBER 4, 2025 3

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 7772671 to 7772822, and Electronic Fund Transfers 525180E to 525249E, totaling $2,785,425.16.

2. Minutes. Regular Meeting Minutes for October 21, 2025 (All Members Present).

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

4. City Holiday Closure 2025. Approval of City Hall Closure and Essential Services for December 26-30, 2025.

5. Planning Commission Unscheduled Vacancy. Ratify the tentative schedule and procedures to fill the Planning Commission unscheduled vacancy.

6. Adoption of Ordinance No. 2025 -007 (Second Reading ), amending Title 15 of the Chino Municipal Code. Approve the adoption of Ordinance No. 2025 -007, amending Title 15 (Building and Construction) of the Chino Municipal Code to adopt the 2025 Edition of the California Building Codes.

ORDINANCE N 0. 2025-007 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CHINO MUNICIPAL CODE, ADOPTING THE CALIFORNIA CODE OF REGULATIONS TITLE 24, INCLUDING THE 2025 EDITION OF THE CALIFORNIA BUILDING CODE, CALIFORNIA

RESIDENTIAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE,

CALIFORNIA MECHANICAL CODE, CALIFORNIA FIRE CODE, CALIFORNIA ENERGY CODE,

CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA EXISTING BUILDING

CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA REFERENCED STANDARDS CODE, CALIFORNIA WILDLAND INTERFACE CODE, AND THE 2024

INTERNATIONAL PROPERTY MAINTENANCE CODE

7. Adoption of Ordinance No. 2025 -008 (Second Reading), amending Chapter 10.64 of the Chino Municipal Code. Approve the adoption of Ordinance No. 2025 -008, amending Chapter 10.64 (Parades and Special Events) of Title 10 (Vehicles and Traffic) of the Chino Municipal Code.

ORDINANCE NO. 2025-008 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 10.64 (PARADES AND SPECIAL EVENTS) OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE CHINO MUNICIPAL CODE

8. Acceptance of the Fiscal Year 2024 Emergency Management Performance Grant (EMPG).

Authorize the acceptance of the Fiscal Year 2024 EMPG in the amount of $17,407 and appropriate $17,407 to the General Fund with a corresponding increase to the General Fund grant revenue.

9. 2024-2025 State of California Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant. Authorize the acceptance of the 2024 -25 STEP Grant in the amount of $210,000; appropriate $210,000 to the General Fund; and increase the general fund revenue grant budget by $210,000.
3 CHINO CITY COUNCIL
NOVEMBER 4, 2025 4

10. 2024-25 State of California Office of Traffic Safety Motorcycle Safety Education and Training Program Grant. Authorize the acceptance of the 2024 -25 Motorcyclist Safety Education and Training Program Grants for a total amount of $18,200 and appropriate $18,200 to the General Fund grant G4264 with a corresponding increase to the grant revenue.

11. Approval of Amendment No. 1 to Professional Services Agreement with Brightlife Designs, LLC. Approve Amendment No. 1 to the Professional Services Agreement with Brightlife Designs, LLC (Contract 2025-088) for the addition of holiday light installation and removal services for City-maintained trees, in the amount of $26,425.

12. Subdivision Improvement Agreement Parcel Map No. 20174 - East End LLC. Approve Subdivision Improvement Agreement for Parcel Map No. 20174 located at the northwest corner of Philadelphia Street and East End Avenue.

13. Replacement Subdivision Improvement Agreement for Tract Map No. 16420 -6 (Block 11 - Lots 4 &7) - Beazer Homes Holding, LLC. Approve replacement Subdivision Improvement Agreement for Tract Map No. 16420-6 (Block 11- Lots 4 & 7), generally located south of Legacy Park Street, east of Main Street, and north of East Preserve Loop.

NEW BUSINESS

14. Adjustments in compensation and terms and conditions of employment for affected members of the City of Chino. Approve Resolutions approving MOU’s with various employee groups; Resolution No. 2025-068 to amend the City Classification and Compensation Schedules; and 3) Appropriations in the amount of $1,267,222.70 to various funds for FY 2025-26.

Staff Report By: Krystle Murillo, Deputy Director of Human Resources/Risk Management RECOMMENDATION: 1) Adopt Resolution Nos. 2025 -069, 2025 -070, 2025 -071, 2025 -072, 2025-073, 2025-074, 2025-075, 2025-076, and 2025 -077 approving Amendment No. 1 to the Memoranda of Understanding with the: Chino Police Officers Association (CPOA); Chino Police Managers Association (CPMA); Chino Police Professional Employees Association (CPPEA); Chino City Hall Confidential Employee Association (CCHCEA); and amendments to the compensation and terms and conditions of employment for Executive Management, Deputy Directors, Unrepresented Sworn Management, Unrepresented Management, and Part -Time Employees; 2) adopt Resolution No. 2025 -068, amending Resolution Nos. 2024 -034 and 2025-040, to approve the Classification and Compensation Schedules; 3) approve an appropriation in the amount of $1,267,222.70 to the various funds listed below in the fiscal impact; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

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

Mayor Ulloa
Mayor Pro Tem Burton
Council Member Comstock

15. Community Support Fund - Council Member Comstock. Approve community support fund contributions to Soroptimist International of the Chino Valley, Kiwanis Club of Chino (Golf Tournament), and No More Locked Doors.
4 CHINO CITY COUNCIL
NOVEMBER 4, 2025 5
Staff Report By: Council Member Comstock
RECOMMENDATION: Approve community support fund contributions of $100 to Soroptimist International of the Chino Valley, $125 to Kiwanis Club of Chino (Golf Tournament) and $250 to No More Locked Doors.

Council Member Flores
Council Member Lucio

16. Community Support Fund - Council Member Lucio. Approve a community support fund contribution to Chino Youth Boxing Club, Chino High School Wrestling Team, Chino AYSO Region 67, and Chino American Little League.

Staff Report By: Council Member Lucio
RECOMMENDATION: Approve a community support fund contribution of $1,000 to Chino Youth Boxing Club, $1,000 to Chino High School Wrestling Team (Chino Cowboy Huddle ), $500 to Chino AYSO Region 67, and $500 to Chino American Little League.

City Manager's Report
City Attorney's Report
Police Chief's Report
Director's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, November 18, 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, October 30, 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.
5 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

RECREATION

SUBJECT
..titl e
Purple Heart City

..end
..body
..titl e

 Commitment to Our Community
 Public Service Excellence through Internal and External Partnerships

6 7

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

SUBJECT
..titl e
Law Enforcement Records and Support Personnel Week
..end
..body

8 9

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

SUBJECT
..titl e
America Recycles Day
..end

RECOMMENDATION
That the Mayor and City Council proclaim November 15, 2025, as America Recycles Day in the City of Chino.
..body

10 11

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

SUBJECT
..titl e
2025 City of Chino Recycling All Stars
..end
..body

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

12 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

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

13 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

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

14 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

TO: LINDA REICH, CITY MANAGER
FROM: KIM SAO, DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 7772671 to 7772822 , and Electronic Fund Transfers 525180E to 525249E, totaling $2,785,425.16. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 24-25 and 25-26 Adopted Budgets.

Revenue:

Expenditure:
15 CITY COUNCIL MEETING DATE: NOVEMBER 4, 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. 7772671 – 7772751 10/02/25 25-26 $347,172.80

2. 7772752 – 7772820 10/09/25 25-26 $809,155.55

3. 7772821 – 7772822 10/09/25 24-25 $206,590.09

4. 525180E – 525210E 10/03/25 25-26 $1,257,701.33

5. 525211E 10/07/25 24-25 $30,000.00

6. 525213E – 525249E 10/10/25 25-26 $134,805.39

TOTAL $2,785,425.16

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

Attachment

16 Council Meeting 11/4/25

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

Check Date Check
Number Vendor Name Description Amount
10/02/2025 7772749 WASTE MANAGEMENT COLLECTION SERVICES $100,889.07 10/03/2025 525195 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICES $1,005,744.11 525200 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE $100,826.04 10/09/2025 7772755 ALESHIRE & WYNDER LLP LEGAL SERVICES $77,708.03 7772758 THIRKETTLE CORPORATION WATER METER INVENTORY $116,841.29 7772779 G&A NELOS CONSTRUCTION, INC.

HAMPSHIRE VILLAGE CONSTRUCTION
SERVICES $141,553.95
7772811 SO CAL EDISON CO SERVICE PERIOD: 08/29-09/29 $355,071.24 7772821 HAZEN AND SAWYER WELL 16 DESIGN SERVICES $165,816.30

TOTAL

$2,064,450.03

17 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

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

18 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, OCTOBER 21, 2025

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

CALL TO ORDER
The October 21, 2025, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5:00 pm by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Curtis Burton, Council Member Karen C.

Comstock, Council Member Christopher Flores, and Council Member Marc Lucio ABSENT: NONE.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

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

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: Mary Ingrid Culp vs.

City of Chino; (Case No. CIVSB2222717)

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9 City of Chino, et al v. Inland Empire Utilities Agency (Los Angeles Superior Court Case No. 24STCP02321) The City Council recessed to Closed Session at 5:01 p.m. and concluded at 5:58 p.m. The City Council reconvened the meeting at 6:04 p.m.

FLAG SALUTE
Chino Service Unit 405 Girl Scouts from Troops 1744, 5181, and 8685 led the Pledge of Allegiance.
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CEREMONIALS
Proclamation
Lights on Afterschool Day. - Proclaim October 23, 2025, as Lights On Afterschool Day in the City of Chino.

Mayor Ulloa read into the record the Proclamation designating October 23, 2025 as Lights On Afterschool Day in Chino. Crystal Gutierrez, CSPR Coordinator, Shiloh Hart, Child Development Coordinator, Health Services, SOAR After School Program, Chino Valley Unified School District, accepted the Proclamation.

Presentations
Recognition of Kaitlyn Clancy - Presentation Honoring Kaitlyn Clancy for Her Heroic Delivery of a Baby on a Chino Sidewalk.

Mayor Ulloa presented a Certificate of Recognition to Kaitlyn Clancy, for her heroic delivery of a baby on a Chino sidewalk. Ms. Clancy and her family were present to accept the award.

Business of the Month - Award of Business of the Month for October 2025 to Bevy Beans Coffee.

Mayor Ulloa presented the October 2025 Business of the Month Award to Bevy Beans. Owners Sandra Bahena and Jeannine Bahen were present to accept the award.

Proclamation
Proclamation Recognizing State Senator Susan Rubio - Recognition of Senator Susan Rubio for authoring Senate Bill 536, a landmark bill marking the beginning process for the City of Chino to acquire the former Heman G. Stark Youth Correctional Facility from the State of California.

Mayor Ulloa read into the record the Proclamation recognizing Senator Susan Rubio for authoring Senate Bill 536. Senator Rubio was present to accept the Proclamation.

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

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: Mary Ingrid Culp vs.

City of Chino; (Case No. CIVSB2222717)
The City Council received an update, and no further reportable action was taken.

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9 City of Chino, et al v. Inland Empire Utilities Agency (Los Angeles Superior Court Case No. 24STCP02321) The City Council received a briefing, and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no additions or revisions to the agenda. 20 CHINO CITY COUNCIL
OCTOBER 21, 2025 3

INFORMATION
External Agency Report for October 21, 2025. Receive and file the External Agency Report for October 21, 2025 (Covering Meetings from August 1 - August 31, 2025).

Mayor Ulloa announced the External Agency Report was included in the agenda packet.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following scheduled community events:
- Halloween Spooktacular is Friday, October 31, 2025, from 4:00 - 9:00 p.m. at Ruben S. Ayala Park, 14225 Central Avenue. For information, visit cityofchino.org/halloween. - Bark Around Ayala Park is Saturday, November 8, 2025, from 9:00 a.m. - 12:00 p.m. at Ruben S. Ayala Park, 5575 Edison Avenue. For information, visit cityofchino.org/bark. - Veterans Day Ceremony is Tuesday, November 11, 2025, at 11:00 a.m. at the Chino Liberty Courtyard located at the Chino Community Building, 5443 B Street. For information, visit cityofchino.org/events.

Mayor Ulloa announced that the meeting would adjourn in memory of Jackson Clarence Powell Jr., a longtime Chino resident and beloved community member. On behalf of the City Council, the Mayor extended condolences to Mr. Powell's family.

Mayor Ulloa announced the adjournment in memory of Jerry Soares will be postponed and take place at the next City Council meeting to allow for his family to be present.

PUBLIC COMMENTS
Mayor Ulloa announced 42 email comments were received regarding community concern at the Calvary Chapel Chino Hills event, were provided to the City Council, and saved to the meeting record. In light of receiving those comments, and the speakers in attendance tonight, the public comment time limit was changed to two minutes per speaker.

Pastor Don Porter, Crosspoint Church, provided the invocation.

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

Joanne Genis, spoke regarding her son Cody Genis, who passed away on October 4, 2025, and expressed her concerns regarding homeless, mental health, and the L.P.S. Mental Health Act. Ms. Genis also provided written materials to the City Council members.

Bob Goodwin, spoke regarding mental illness, substance abuse, current law constraints, and new legislation amendments that will expand the eligibility for care.

Melanie, spoke about concerns regarding the Calvary Chapel Chino Hills event and ICE raids.

Nicole, spoke about concerns regarding the Calvary Chapel Chino Hills event and the City's response.

Inti-Fada, spoke regarding community safety, the Pray Vote Stand summit, and concerns with ICE raids.
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Katherine Morales, spoke about concerns regarding the Pray Vote Stand summit and the two minute public speaking time limit.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 7772443 to 7772670, and Electronic Fund Transfers 525091E to 525179E, totaling $9,221,071,27.

2. Minutes. Regular Meeting Minutes for October 7, 2025 (All Members Present).

4. Report on Priority State and Federal Legislative Issues. Receive and file the Priority Legislative Items Report dated October 21, 2025, the Tracked State Legislation Report; and Position Letters on Legislation.

5. Second Amendment to City Manager’s Employment Agreement. Approve the Second Amendment to the City Manager’s Employment Agreement.

6. Project Update - Solar Power Purchase Agreement (PPA). Receive and file an update of the Solar Power Purchase Agreement (PPA) to BP Solar Chino LLC as the contracting entity.

7. Approve Contract Amendment No. 4 to the Professional Services Agreement with MV Cheng & Associates. Approve a contract amendment with MV Cheng & Associates increasing the not-to-exceed amount from $150,000 to $300,000 to provide interim financial consulting services.

8. Award a Professional Services Agreement with CT&T Concrete Paving, Inc., Diamond Bar, CA.

Approve a Professional Services Agreement with CT&T Concrete Paving, Inc., Diamond Bar, CA, in the amount of $580,000 for As-Needed Concrete Repair Services.

9. Notice of Completion for the Water Service Lateral Replacement in Hampshire Village Project (WA255) with G&A Nelos Construction, Inc. Accept Project WA255 with G&A Nelos Construction, Inc., Contract 2025 -282, as complete; authorize release of retention funds following the 35 -day lien period; authorize the Director of Public Works to file the Notice of Completion on behalf of the City.

Motion by Council Member Comstock, seconded by Mayor Pro Tem Burton, to approve the Consent Calendar items 1-9 as presented. The motion carried by the following vote:

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

ABSENT: NONE.

Mayor Pro Tem Burton spoke regarding Consent Calendar Item No. 9, noting he was pleased the water service lateral replacement project in Hampshire Village was accomplished on time and under budget.
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CONTINUED PUBLIC HEARING

10. Appeal of Planning Commission action approving the Chino Gateway Terminal Project. Adopt Resolution No. 2025 -058, denying the appeal and thereby upholding the approval of PL24-0097, PL24 -0098, and PL24 -0120, based upon the findings and subject to the departmental conditions of approval.

Staff Report By: Kim Le, Senior Planner
RECOMMENDATION: 1) Conduct a Public Hearing; and 2) Adopt Resolution No. 2025 -058, denying the appeal and thereby upholding the approval of PL24 -0097 (Special Conditional Use Permit), PL24 -0098 (Site Approval) and PL24 -0120 (Special Conditional Use Permit ), based upon the findings and subject to the departmental conditions of approval.

Mayor Ulloa opened the continued public hearing.

Kim Le, Senior Planner, provided a presentation on the item.

Hayley Uno, Lozeau Drury LLP, appellant representative, Supporters Alliance for Environmental Responsibility, provided testimony.

Henry Hong, applicant, spoke in support of the Gateway Terminal project, noting it has a fine tuned architectural design within an industrial zoned area, and meets all CEQA requirements.

Stephanie Herrera, attorney for the applicant, spoke in support of the Gateway Terminal project and stated the appellant's claims are misleading, and recommended the City Council deny the appeal request.

Stubbie Barr, spoke to express support for the Gateway Terminal project, and requested the City deny the appeal.

Council Member Lucio addressed the appellant representative Hayley Uno to clarify points on issues she noted regarding air quality, battery storage, and noise impact levels. Ms. Uno offered to follow up on details she did not have available.

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

Motion by Council Member Flores, seconded by Mayor Pro Tem Burton, to 1) Conduct a Public Hearing; and 2) Adopt Resolution No. 2025 -058, denying the appeal and thereby upholding the approval of PL24 -0097 (Special Conditional Use Permit ), PL24-0098 (Site Approval) and PL24-0120 (Special Conditional Use Permit), based upon the findings and subject to the departmental conditions of approval. The motion carried by the following vote:

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

ABSENT: NONE.
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PUBLIC HEARING

11. Community Development Block Grant (CDBG) FY 2022 -23 Action Plan - Substantial Amendment. Adopt a Resolution approving the Community Development Block Grant FY 2022-23 Action Plan Substantial Amendment.

Staff Report By: Traci Rossetti-Smith, Senior Management Analyst RECOMMENDATION: 1) Conduct a Public Hearing; 2) adopt Resolution 2025 -067, approving the substantial amendment to the City of Chino's FY 2022 -23 Annual Action Plan for the Community Development Block Grant (CDBG) Program; 3) transfer $31,500 in Fund 350 allocated funds from project G6231 to project SN240; 4) authorize the City Manager to execute all required documents pertaining to the amendment; and 5) approve submission of the amendment to the United States Department of Housing and Urban Development (HUD).

Mayor Ulloa opened the public hearing.

Traci Rossetti-Smith, Senior Management Analyst, provided a report on the item.

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

Motion by Council Member Flores, seconded by Council Member Comstock, to 1) Conduct a Public Hearing; 2) adopt Resolution 2025 -067, approving the substantial amendment to the City of Chino's FY 2022 -23 Annual Action Plan for the Community Development Block Grant (CDBG) Program; 3) transfer $31,500 in Fund 350 allocated funds from project G6231 to project SN240; 4) authorize the City Manager to execute all required documents pertaining to the amendment; and 5) approve submission of the amendment to the United States Department of Housing and Urban Development (HUD).

The motion carried by the following vote:

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

ABSENT: NONE.

12. Amending Title 15 of the Chino Municipal Code. Introduction of Ordinance No. 2025 -007, amending Title 15 (Building and Construction) of the Chino Municipal Code.

Staff Report By: Basel Badawi, Building Official
RECOMMENDATION: Conduct a public hearing and approve the introduction of Ordinance No. 2025-007, amending the Title 15, Building and Construction, of the Chino Municipal Code, to be read by number and title only, and waive further reading of the Ordinance.

Mayor Ulloa opened the public hearing.

Basel Badawi, Building Official, provided a report on the item.

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

City Attorney Galante read the Ordinance by number and title only, waiving further reading of the ordinance:
24 CHINO CITY COUNCIL
OCTOBER 21, 2025 7
ORDINANCE NO. 2025 -007 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE

CHINO MUNICIPAL CODE, ADOPTING THE CALIFORNIA CODE OF REGULATIONS TITLE 24, INCLUDING THE 2025 EDITION OF THE CALIFORNIA BUILDING CODE, CALIFORNIA

RESIDENTIAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE,

CALIFORNIA MECHANICAL CODE, CALIFORNIA FIRE CODE, CALIFORNIA ENERGY

CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA EXISTING

BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA

REFERENCED STANDARDS CODE, CALIFORNIA WILDLAND INTERFACE CODE, AND THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE
Motion by Council Member Lucio, seconded by Mayor Pro Tem Burton, to Conduct a public hearing and approve the introduction of Ordinance No. 2025 -007, amending the Title 15, Building and Construction, of the Chino Municipal Code, to be read by number and title only, and waive further reading of the Ordinance. The motion carried by the following vote:

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

ABSENT: NONE.

NEW BUSINESS

13. Professional Services Agreement to Dudek to prepare the City’s Urban Forest Management Plan. Award a Professional Services Agreement to Dudek to prepare the City’s Urban Forest Management Plan (MS260) .

Staff Report By: Michelle Chapman, CIP Engineering Manager RECOMMENDATION: Award a professional services agreement to Dudek for $245,377.00 to prepare the City’s Urban Forest Management Plan (MS260); and authorize the City Manager to execute all necessary documents on behalf of the City.

Hye Jin Lee, Director of Public Works, introduced the item, and Michelle Chapman, CIP Engineer Manager, provided a presentation on the item.

Stubbie Barr, provided a public comment regarding the "Tree City" designation status, the relationships with developers, and the replacement of trees when construction conflicts exist.

He noted the proposed inventory will help establish proper oversight on communities with HOA's who have the responsibility to maintain their trees.

Mayor Pro Tem Burton spoke regarding the program and discouraged the use of trees that drop sap and pine needles, or trees that tend to have frequent broken branches.

Council Member Lucio noted developers of new construction will remove young trees that are damaged by the high winds and not replace them. He recommended the use of trees that can potentially withhold heavy winds.

Mayor Ulloa recommended the development standards be updated with fire prevention language to prohibit trees that can easily catch on fire, such as pine and palm trees. She also requested to prohibit pepper trees as they break and are frequently damaged. 25 CHINO CITY COUNCIL
OCTOBER 21, 2025 8
Council Member Comstock spoke regarding trees generating flowers or sap and recommended some conventional wisdom related to the maintenance of trees. She expressed she is a proponent of trimming trees aggressively.

In response to whether or not our current tree maintenance company was considered, Ms.

Chapman explained West Coast Arborists have been limited to providing tree maintenance and tree inventory services to the City. The Dudek firm who received the highest score in the bidding process will develop the forest management master plan. Ms. Lee shared that Dudek specializes in creating master plans and the tree selection recommendations shared will be included in this plan.

Mayor Pro Tem Burton asked when a tree is removed can a mature tree be planted, and Ms.

Lee confirmed that this requirement can be incorporated into the municipal code.

Council Member Flores stated commercial property owners have expressed concern regarding tress that have uplifted commercial parking lots and recommended the master plan include trees that cause minimal damage and require low maintenance costs in commercial centers.

Stubbie Barr, shared that the City's Municipal Code contains a tree replacement schedule and lists the box tree size, noting the time frame the trees have been in the box causes them to be root bound.

Motion by Council Member Flores, seconded by Mayor Pro Tem Burton, to Award a professional services agreement to Dudek for $245,377.00 to prepare the City's Urban Forest Management Plan (MS260); and authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

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

ABSENT: NONE.

14. Amending Chapter 10.64 of the Chino Municipal Code. Introduction of Ordinance No. 2025-008, Amending Chapter 10.64 of the Chino Municipal Code Regulating Parades and Special Events.

Staff Report By: Nikki Love, Strategic Initiatives Manager RECOMMENDATION: Approve the Introduction of Ordinance No. 2025-008 amending Chapter

10.64 of the Chino Municipal Code regulating Parades and Special Events, to be read by number and title only, and waive further reading of the Ordinance.

Jackie Melendez, Assistant City Manager, provided an introduction on the item, and Nikki Love, Strategic Initiatives Manager, provided a report on the item.

Mayor Pro Tem Burton inquired about the special event permit requirement for events with over 250 attendees where alcohol is served, and Ms. Love clarified special event permits will be required if there are as low as 10 people who are gathered. Ms. Melendez clarified the requirement applies to public events.

City Attorney Galante read the Ordinance by number and title only, waiving further reading of the ordinance:
26 CHINO CITY COUNCIL
OCTOBER 21, 2025 9
ORDINANCE NO. 2025 -008 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 10.64 (PARADES AND SPECIAL EVENTS) OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE CHINO MUNICIPAL CODE Motion by Council Member Flores, seconded by Council Member Lucio, to Approve the Introduction of Ordinance No. 2025 -008 amending Chapter 10.64 of the Chino Municipal Code regulating Parades and Special Events, 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, COMSTOCK, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

15. Amending Chapter 2.36 (Planning Commission) of the Chino Municipal Code. Introduction of Ordinance No. 2025 -009 Amending Chapter 2.36 (Planning Commission) of the Chino Municipal Code to Modify City of Chino Planning Commission Members.

Staff Report By: Jackie Melendez, Assistant City Manager RECOMMENDATION: Approve the introduction of Ordinance No. 2025 -009, amending Chapter 2.36 (Planning Commission) of the Chino Municipal Code (CMC) to provide for the reduction in the number of resident Planning Commission members from seven to five, to be read by number and title only, and waive further reading of the Ordinance.

Jackie Melendez, Assistant City Manager, provided a report on the item.

Katherine Morales provided a public comment in opposition of the proposed representation reduction on the Planning Commission.

The Mayor and Council Members expressed concern regarding reducing the number of members on the Planning Commission and emphasized the importance of robust training program for Planning Commissioners.

Warren Morelion, Director of Development Services, shared their efforts regarding training for the Planning Commissioners.

Item No. 15 failed due to a lack of a motion.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meeting and events including Mayor's Prayer Breakfast; Mayor's Message recordings; Southern California Water Coalition Executive Committee virtual meeting; Chino Police Department Open House; Old School House Museum Harvest Festival; Celebration of Life for Steve Lewis; City Council Study Session; Omnitrans Administration and Finance Committee meeting; SBCTA Transit Metro Valley Committee meeting; Housing Trust Ad Hoc meeting; Business event at Smash Factor; fundraiser event held by Chino Valley Fire District Board Member Kreeger; California Institute for Men (CIM) Trunk or Treat; Minor League Stadium tour; and closed session.
27 CHINO CITY COUNCIL
OCTOBER 21, 2025 10
Mayor Pro Tem Burton

16. Community Support Fund - Mayor Pro Tem Burton. Approve community support fund contribution to Soroptimist International of the Chino Valley.

Staff Report By: Mayor Pro Tem Curtis Burton
RECOMMENDATION: Approve community support fund contribution of $100 to Soroptimist International of the Chino Valley.

Motion by Council Member Flores, seconded by Council Member Comstock, to Approve community support fund contribution of $100 to Soroptimist International of the Chino Valley. The motion carried by the following vote:

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

ABSENT: NONE.

Mayor Pro Tem Burton reported on the following meeting and events including League of California Cities Conference; St. Margaret Mary Car Show; Old School House Museum Harvest Festival; Chino Police Department Open House; Chino Police Department Retirement Luncheon; City Council Study Session; Inland Empire Blue Belles Breakfast; Business Economic Development event; Chino Valley Chamber of Commerce Business Expo; City Manager meeting; Chino Desalter Authority tour; expressed condolences to the Genis family; and spoke regarding the City's quality of life program.

Council Member Comstock
Council Member Comstock reported on the following meeting and events including the League of California Cities conference; announced she will serve as the Vice President of the Inland Empire Division for the League of California Cities; City Council Study Session; expressed condolences to the Family of Jackson Powell; and thanked Senator Rubio for her support to get the Stark property relinquished to the City of Chino.

Council Member Flores

17. Community Support Fund - Council Member Flores. Approve community support fund contributions to No More Locked Doors, Chino Youth Boxing Foundation, and the Chino Youth Museum.

Staff Report By: Council Member Christopher Flores
RECOMMENDATION: Approve a community support fund contribution of $500 to No More Locked Doors, $500 to Chino Youth Boxing Foundation, and $500 to the Chino Youth Museum.

Motion by Council Member Comstock, seconded by Council Member Lucio, to Approve a community support fund contribution of $500 to No More Locked Doors, $500 to Chino Youth Boxing Foundation, and $500 to the Chino Youth Museum. The motion carried by the following vote:

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

ABSENT: NONE.
28 CHINO CITY COUNCIL
OCTOBER 21, 2025 11
Council Member Flores reported on meetings and events including Bruster's Ice Cream Grand Opening; Chamber Valley Chamber of Commerce Business Expo; thanked the Chino Valley Chamber of Commerce and the Chino Champion for hosting a booth at the Business Expo; and expressed condolences to the Genis family and the Powell family.

Council Member Lucio
Council Member Lucio had no report.

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

City Attorney's Report
City Attorney Galante spoke regarding Senate Bill 707.

Police Chief's Report
Police Chief Mensen spoke regarding the successful Chino Police Department Open House event.

Director's Report
No Director's Report.

Fire Chief's Report
Fire Chief Dave Williams had no report.

ADJOURNED IN MEMORY OF JACKSON CLARENCE POWELL JR.

Mayor Ulloa adjourned the meeting at 8:27 p.m. in memory of Jackson Clarence Powell Jr. The next Regular Meeting of the City Council will be held on Tuesday, November 4, 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 4TH DAY OF NOVEMBER 2025.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 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 2025-26 Operating Budget.

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

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

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
30 CITY COUNCIL MEETING DATE: NOVEMBER 4, 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

31 11/4/2025 City Council Meeting

Event Date Meeting Purpose
and Subject
Matter
Location City Official
Attendees
October 23, 2025 Southern California
Water Coalition
(SCWC) Annual
Dinner
Newport Beach,
California
Mayor Ulloa
Mayor Pro Tem
Burton

32 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

SUBJECT
..titl e
City Holiday Closure 2025.
..end

RECOMMENDATION
Approval of the closure of City Hall and non-essential services for December 26-30, 2025. ..body

FISCAL IMPACT
No fiscal impact.

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. 33 CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025
TITLE: CITY HOLIDAY CLOSURE 2025.

PAGE: 2

BACKGROUND
In July of 2023, City Council authorized a change to the designated holiday schedule to include Christmas Eve and New Year’s Eve and the closure of specified City facilities, with the exception of the Police Department, to become effective Fiscal Year 2023 -24 as part of la bor negotiation agreements. The change includes the closure of City Hall and non -essential services between Christmas Eve and New Year’s Day.

Ordinance 2023-018 was adopted September 19, 2023, to update Section 2.52.020 (Holidays) of the Chino Municipal Co de, to add section D, which provides “The City Council reserves the right to close non-safety public offices and buildings of the City of Chino between Christmas Eve and New Year’s Day in any given year. Such action may be taken by the City Council before the applicable period without the need to amend this section.” City facilities were closed between the Christmas Eve and New Years Day holiday in 2023 and 2024 without issue. It is recommended the City Council take action to approve the 202 5 holiday closure between December 26-30, 2025.

ISSUES/ANALYSIS
Upon approval, with the exception of the essential services listed below, the City will be closed from Wednesday, December 24, 202 5 through Thursday, January 1, 202 6, and reopen with normal operating hours on Friday, January 2, 2026.

Holiday/City Hall and Non-Essential Services Closure Dates Wednesday, December 24, 2025 – Christmas Eve Holiday Closure Thursday, December 25, 2025 – Christmas Day Holiday Closure Friday, December 26 – Tuesday, December 30, 2025 – Closure Wednesday, December 31, 2025 – New Years’ Eve Holiday Closure Thursday, January 1, 2026 – New Years’ Day Holiday Closure

The following is a list of City departments’ schedules and essential City services that will continue to operate Friday, December 26, Monday, December 29, and Tuesday, December 30, 2025.

Administration Department
The Administration Department will be closed December 24, 2025 – January 1, 2026.

Community Services, Parks & Recreation Department
The following facilities will be open to provide services as follows:
 Teen Experience Center: Winter Camp from 7:00 a.m. – 6:00 p.m.  Senior Center: Transportation, lunch, case management services, and access to the computer lab, fitness, and billiards rooms from 8:00 a.m. - 2:00 p.m.  Chino Youth Museum: December 27 and December 28 from 10:00 a.m. - 4:00 p.m.  Neighborhood Activity Center: Basketball gym open from 9:00 a.m. - 6:00 p.m.  Ayala Park Operation Center: Field rentals and batting cages open from 4:00 p.m. - 9:00 p.m.

Development Services Department
34 CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025
TITLE: CITY HOLIDAY CLOSURE 2025.

PAGE: 3

Planning, Building, Engineering, Code Enforcement and Housing Divisions will be closed. For emergency services, the Building Division can be reached at (909) 536 -8013 and the Code Enforcement Division can be reach ed at (909) 721 -2830. The Chino Police Department will be available for routine non -emergency code enforcement issues during the closure and can be reached at (909) 628-1234.

Finance Department
The Finance Department will be closed with the exception of the Warehouse located at the Public Works Service Yard , which will remain open during the morning hours to issue parts to Fleet staff.

Utility bill payments can be paid as follows:
1) Online at cityofchino.org;
2) Over the phone using our automated service; or
3) By using the City’s payment drop box located in the southwest parking lot of City Hall.

Human Resources/Risk Management Department
The Human Resources/Risk Management Department will be closed. For urgent Risk Management matters, please contact Claudi a Allen at (909) 217 -5322. For urgent personnel matters, please contact Terry Doyle at (909) 925-7722 or Krystle Murillo at (951) 870-6097.

Police Department
The main lobby will be open during normal operating hours of 7:30 a.m. - 5:30 p.m. on Friday, December 26 through Tuesday, December 30, 2025. The main lobby will be closed on December 24, 25, 31, 2025 and January 1, 2026.

All other standard Police operations will remain unchanged.

Public Works Department
The following services will be available:
 For water service emergencies, residents may call the Public Works Services line at (909) 334 -3266. For after -hours emergencies, residents are directed to call Police Dispatch at (909) 628-1234.
 Fleet Staff will be available for service to Police Patrol and Public Works vehicles as needed.
 To report a traffic signal outage emergency, residents are directed to call Police Dispatch at (909) 628-1234.
o Note: Most City traffic signals are equipped with battery backup. o The City’s signal maintenance contractor will be performing annual signal maintenance to take advantage of lighter traffic during this period. Each traffic signal will be placed in “red flash” status for 5 -10 minutes to perform this maintenance.
 Street Maintenance Operations may be r eached at (909) 334 -3266. For a fter-hours emergencies, residents are directed to call Police Dispatch at (909) 628-1234. o Asphalt/Concrete Repair
o Sewer and Storm Drain
o Traffic Control
35 CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025
TITLE: CITY HOLIDAY CLOSURE 2025.

PAGE: 4

 Grounds operations may be reached at (909) 334 -3266. For after-hours emergencies, residents are directed to call Police Dispatch at (909) 628-1234. o Graffiti Abatement
o Street Lights
o Parks and Street Trees
 For Trash and Environmental Emergencies:
o For assistance with trash services, call Waste Management at (800) 423-9986. o To report environmental spills/hazards, call Police Dispatch at (909) 628-1234.

36 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

SUBJECT
..titl e
Planning Commission Unscheduled Vacancy.
..end

RECOMMENDATION
Ratify the tentative schedule and procedures to fill the Planning Commission unscheduled vacancy.
..body

FISCAL IMPACT
No fiscal impact.

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

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. 37 CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025
TITLE: PLANNING COMMISSION UNSCHEDULED VACANCY.

PAGE: 2

BACKGROUND
The Chino Planning Commission is a nine-member board that respectively oversee and advise the City Council on specific quality of life issues. In particular, the Planning Commission reviews land uses, approves development projects, and offers guidance on all planning-related issues.

ISSUES/ANALYSIS
In September 2025, Commissioner Steve Lewis passed away, creating a vacancy on the Planning Commission. Commissioner Lewis was appointed to the Commission in 2015 and was serving in the second year of his current four-year term when he passed away. The unscheduled vacancy w as posted on October 6, 2025, in accordance with the Maddy Act (Government Code Section 54974).

Pursuant to Chino Municipal Code Chapter 2.36, t he vacancy on the Planning Commission requires the position be filled. To conduct the appointment process effectively and fairly, the following procedures and tentative schedule is underway:

 October 24 - November 14, 2025: Accept applications for the Planning Commission. The application is attached to this report as Exhibit A.

 November 17, 2025 – January 2, 2026: Upon review of the applications, the Mayor along with another Council Member, will select and interview potenti al candidates. After interviewing potential candidates, the Mayor will nominate an appointee who will complete a background check.

 January 20, 2026 : Upon a successful background check, the Mayor will nominate the appointee at the January 20 City Council m eeting. Per the Chino Municipal Code

2.36.020, the City Council will then need to approve the appointment. Should the City Council approve the appointment, then the process to fill this vacancy will be complete.

It is recommended that the City Council ratify the tentative schedule and procedures to fill the Planning Commission unscheduled vacancy.

Attachments: Exhibit A Planning Commission Application

38 PLANNING COMMISSION APPLICATION
Thank you for your interest in serving on the Planning Commission! Your desire to participate in your community is sincerely appreciated. Please complete this application and return it by mail or in-person to City of Chino Office of the City Clerk, 13220 Central Avenue, Chino, CA 91710 or by email to [email protected]. If you have any questions, please call the City Clerk's office at (909) 334-3306.

NOTE: THIS IS A PUBLIC DOCUMENT SUBJECT TO DISCLOSURE UNDER THE CALIFORNIA PUBLIC RECORDS ACT Name: Email:

Home Address:

Home/Cell Phone: Business Phone:

Employer: Position:

Employment Experience:
must reside in the City of Chino at
I hereby certify that all statements made in this application are true and complete and any false or misleading statements made shall be grounds for immediate disqualification. I understand that if selected, satisfactory results from a background investigation are required. I reside in the City of Chino and I am aware Chino Municipal Code Section 2.36.020 requires residency at time of appointment and for the duration of the term. In compliance with State law, I understand that I will be required to file a Statement of Economic Interests upon appointment to office and annually thereafter. I understand that my application and materials will be considered a public record and thus will be available for public inspection and copying.

Signature Date
Do you own property in Chino (other than your primary residence) or have interest in any business doing work in the City? If yes, please explain.

Education:

List the top tw o most important city issues based on y our observation:

1. 2.

What experience or special knowledge will you bring to the Planning Commission? Briefly explain why you would like to serve on the Planning Commission:

Employer Address:

List civic organizations affiliated with or volunteer experience:

1. Attach Resume to the Application (optional)
39 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

SUBJECT
..titl e
Adoption of Ordinance No. 202 5-007 (Second Reading), amending Title 15 of the Chino Municipal Code.
..end

RECOMMENDATION
Approve the adoption of Ordinance No. 202 5-007 (Second Reading), amending Title 15 of the Chino Municipal Code (Buildings and Construction) which adopts the 2025 Edition of the California Building Codes which are based on the International Building and Fire Codes, 2024 Editions, published by the International Code Council (ICC); the Uniform Plumbing and Mechanical Codes, 2024 Editions, published by the International Association of Plumbing and Mechanical Officials (IAPMO); and the National Electrical Code, 2024 Edi tion, published by the National Fire Protection Association (NFPA).
..body

FISCAL IMPACT
There is no fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 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. 40 CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025
TITLE: ADOPTION OF ORDINANCE NO. 2025 -007 (SECOND READING), AMENDING TITLE 15 OF THE CHINO MUNICIPAL CODE.

PAGE: 2

BACKGROUND
Ordinance No. 202 5-007 was introduced on first reading by the City Council at its October 21, 2025 meeting. The Ordinance will amend Title 15 of the Chino Municipal Code (Buildings and Construction), which adopts the 2025 Edition of the California Building Codes which are based on the International Building and Fire Codes, 2024 Editions, published by the International Code Council (ICC); the Uniform Plumbing and Mechanical Codes, 2024 Editions, published by the International Association of Plumbing and Mechanical Officials (IAPMO); and the National Electrical Code, 2024 Edition, published by the National Fire Protection Association (NFPA).

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

ISSUES/ANALYSIS
Ordinance No. 2025-007:

Second reading of Ordinanc e, entitled “ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION)

OF THE CHINO MUNICIPAL CODE, ADOPTING THE CALIFORNIA CODE OF REGULATIONS TITLE 24, INCLUDING THE 2025 EDITION OF THE CALIFORNIA BUILDING

CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA

ELECTRICAL CODE, CALIFORNIA MECH ANICAL CODE, CALIFORNIA FIRE CODE,

CALIFORNIA ENERGY CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE,

CALIFORNIA EXISITNG BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE,

CALIFORNIA REFERENCED STANDARDS CODE, CALIFORNIA WILDLAND INTERFACE CODE, AND THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE.” Attachment: Ordinance No. 2025-007

41 ORDINANCE NO. 2025-007

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF

THE CHINO MUNICIPAL CODE , ADOPTING THE CALIFORNIA CODE OF REGULATIONS TITLE 24, INCLUDING THE 2025 EDITION OF THE CALIFORNIA

BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA PLUMBING

CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE,

CALIFORNIA FIRE CODE, CALIFORNIA ENERGY CODE, CALIFORNIA GREEN

BUILDING STANDARDS CODE, CALIFORNIA EXIST ING BUILDING CO DE,

CALIFORNIA HISTOR ICAL BUILDING CODE, CALIFORNIA REFERENCED

STANDARDS CODE, CALIFORNIA WILDLAND INTERFACE CODE, AND THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE.

WHEREAS, the City of Chino (“City”) has previously adopted Title 15 (Buildings and Construction) of the City of Chino Municipal Code (“CMC”)

WHEREAS, the City now desires to update the provisions of Title 15, Buildings and Construction to ensure that the regulations therein are consistent with current standards and suited to current conditions and circumstances in the City of Chino.

WHEREAS, the City now desires to amend CMC Title 15 to attain the foregoing objectives.

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

Section 1: Recitals Incorporated. The City Council finds the foregoing Recitals are true and correct and are incorporated herein by this reference.

Section 2: Amendment to CMC Title 15. Title 15 of the City of Chino Municipal Code shall be amended in its entirety as follows:

“TITLE 15 – BUILDINGS AND CONSTRUCTION

Chapter 15.01 - FINDINGS

Sections:

15.01.010 - Findings.

The city council finds that the requirements set forth in this title are reasonable and necessary modifications because of climatic, geologi cal, and topographical conditions within the City of Chino.

The "findings of need" contained herein address each of these conditions and present the local situations which cause the established amendments to be adopted.

A. The community experiences frequ ent low humidity, summer temperatures exceeding one hundred degrees Fahrenheit, and severe Santa Ana winds reaching gusts of ninety 42 ORDINANCE NO. 2025-007

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miles per hour. Adverse climatic conditions increase the likelihood of fire. Minor fires can rapidly spread because of the climate and vegetation.

B. The community periodically experiences drought and a resultant limited water supply.

The limited rainfall and storage capacities, and continued consumption demands require sound management of water resources and conservation wher e possible. There is a need for changes and modifications in the California Building and California Plumbing Code, which will contribute to water conservation and water for suppression of large fires.

C. The community is situated in a region with ongoing seismic activity, placing both existing and future developments at risk of damage and potential fire.

D. There are a number of significant barriers and obstructions to quick emergency response.

These include: increased vehicular traffic on surface streets; additional traffic signals; freeway, expressways, and storm drain channels which bisect the city; and the California Institution for Men. Existing older streets were in some cases designed as storm drains and become impassable during heavy rainfall.

F. The community is located in an air quality nonattainment region. Research conducted by the South Coast Air Quality Management District and reflected in the 2022 Air Quality Management Plan, promotes zero emission vehicles, appliances, and equipment.

Chapter 15.02 - ADMINISTRATIVE CODE

Sections:

15.02.010 - Adopted.

15.02.020 - Additions, deletions and amendments.

15.02.030 - Building Code—Incorporated.

15.02.040 - Permit fees.

15.02.010 - Adopted.

There is hereby adopted by reference the Uniform Administrative Code, 1997 Edition. That certain document, three copies of which are on file with the city of Chino, being marked and designated as the Uniform Administrative Code, 1997 Edition, is adopted as the Uniform Code of Administration of the various other building and structural codes adopted in this chapter. This code will replace the administrative and enforcement provisions of the other codes. Each and all regulations in the code are referred to, adopted, and made a part thereof as though fully set out in this section, excepting such portions as are deleted, modified or amended by this chapter.

15.02.020 - Additions, deletions and amendments.

The Uniform Administrative Code, adopted by Section 15.02.010, is amended as set out in this chapter.

15.02.030 - Building Code—Incorporated.

Amendments to the 2025 California Building Code, with errata, as detailed in Chapter 15.04 of this title, are referenced and incorporated into the corresponding sections of the 1997 Uniform Administrative Code.

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15.02.040 - Permit fees.

All permit fees shall be evaluated every three years and be set by resolution of the city council.

Chapter 15.04 - BUILDING CODE

Sections:

15.04.010 - Adopted.

15.04.020 - Additions, deletions and amendments.

15.04.030 - Section 501.2 amended—Address identification.

15.04.040 - Section 705.8.7 added—Industrial building doorways.

15.04.050 - Section 903.2 amended—Automatic sprinkler systems.

15.04.059 - Section 3109.2 amended—Definition of swimming pool.

15.04.060 - Section 3109.2.1 added—Applicability to residential settings.

15.04.061 - Section 3109.3 added—Residential swimming pools.

15.04.062 - Section 3109.3.1 added—Barrier height and clearances.

15.04.063 - Section 3109.3.2 added—Indoor swimming pools.

15.04.180 - Chapter 1, Division II, Section 105.2 amended—Work exempt from permit.

15.04.181 - Chapter 1, Division II, Section 109.1 amended—Payment of fees.

15.04.182 - Chapter 1, Division II, Section 109.2.1 added—Permit fees.

15.04.183 - Chapter 1, Division II, Section 109.2.2 added—Plan review fee.

15.04.184 - Chapter 1, Division II, Section 109.2.3 added—Inspection fee.

15.04.185 - Chapter 1 , Division II, Section 109.4.1 added —Work commencing before permit issuance penalty.

15.04.186 - Chapter 1, Division II, Section 109.6 amended—Refunds.

15.04.191 - Appendix J—Definition of Building Official.

15.04.192 - Section J103.1 amended—Permits required.

15.04.010 - Adopted.

There is adopted by reference the 2025 California Building Code, with errata, incorporating the 2024 International Building Code, Volumes I, II, including Chapter 1, Division II, and appendices C, I, and J. That certain document, three copies of which are on file with the city of Chino, being marked and designated as California Building Code, 2025 Edition, Volumes I, II as copyrighted 2025 by the International Code Council, is adopted as the Building Code of the City of Chino, for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, equipm ent, use, height, area and maintenance of all buildings and structures in the city of Chino, providing for the issuance of permits therefor; and each and all such regulations are referred to, adopted and made part hereof as though fully set out in this sec tion, excepting such portions as are hereinafter deleted, modified, or amended by this chapter.

15.04.020 - Additions, deletions and amendments.

The California Building Code, adopted by Section 15.04.010, is amended as set out in this chapter.

15.04.030 - Section 502.1 amended—Address identification.

Section 502.1 of the California Building Code is amended to read as follows:

502.1 Address identification. Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street 44 ORDINANCE NO. 2025-007

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or road fronting the property. These numbers shall contrast with their background. Address numbers shall be numerals or alphabetical letters. Numbering for one and two -family residential dwellings shall be four inches (102 mm) high with a minimum stroke width of one -half inch (12.7 mm). Numbering for buildings other than one and two-family residential dwellings shall be a minimum of eight inches (203 mm) high with a minimum stroke width of one inch (25.4 mm).

Address identification shall be maintained.

15.04.040 - Section 705.8.7 added—Industrial building doorways.

Section 705.8.7 is added to the California Building Code and shall read as follows:
705.8.7 Industrial building doorways. When adjoining industrial properties are owned by the same person or entity, the fire-resistive exterior walls of an existing industrial building located within the ten feet of the common property line may contain a doorway provided that the following conditions must be met:
a. The doorway would be permitted if the common property line did not exist. b. The plans for the construction of the doorway must be approved and a building permit issued by the building official who is authorized to require r easonable fire protection measures as a condition of the issuance of the building permit. c. Prior to the issuance of a building permit, the owner must record a covenant as to each property that, upon the sale of the property, the fire-resistive exterior wall shall be restored to meet the requirements of this section for each property qualifying for such doorway.

15.04.050 - Section 903.2 amended—Automatic sprinkler systems.

Section 903.2 of the California Building Code is amended by adding the followi ng three paragraphs:

In addition to the requirements of Section 903, fire sprinklers are required for the construction of buildings five thousand square feet or more, regardless of fire walls, except for Group R -3 (one- and two-family dwelling) and Group U accessory to Group R-3 occupancies.

Fire Sprinklers are required when additions exceed five thousand square feet. When the addition is less than fifty percent of the original building square footage, the addition shall be equipped with a sprinkler syste m. When the addition is fifty percent or greater than the original building square footage, the entire structure shall be equipped with a sprinkler system.

Alternate automatic fire extinguishing systems complying with sections 904 of the California Building Code may be permitted in lieu of automatic sprinkler protection where recognized and approved by the Building Official and the Fire Marshall.

15.04.059 - Section 3109.2 amended—Definition of swimming pool.

The definition of "swimming pool" in Section 3109.2 of the California Building Code is amended to read as follows:
"Swimming pool" Any structure intended for swimming, recreational bathing, wading, or other purposes, that contains water over eighteen inches (457 mm) deep. This includes in -ground, above-ground and on -ground pools; hot tubs; spas, fixed -in-place wading pools, water fountains, or any other constructed water feature.
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15.04.060 - Section 3109.2.1 added—Applicability to residential settings.

Section 3109.2.1 is added to the California Building Code and shall read as follows:
3109.2.1 Applicability to residential settings. Notwithstanding anything to the contrary in this code, the provisions of Chapter 31 in this code shall apply to all residential single-family homes.

15.04.061 - Section 3109.3 added—Residential swimming pools.

Section 3109.3 is added to the California Building Code and shall read as follows:
3109.3 Residential swimming pools. The provisions of this section apply to the design and construction of barriers for swimming po ols located on the premises of Group R-3 occupancy and shall comply with Sections 3109.3.1 through 3109.3.3.

15.04.062 - Section 3109.3.1 added—Barrier height and clearances.

Section 3109.3.1 is added to the California Building Code and shall read as follows:
3109.3.1 Barrier height and clearances. An outdoor swimming pool shall be provided with a barrier that shall be installed, inspected, and approved prior to plastering or filling the pool with water. The top of the barrier shall be at least sixty in ches (1,524 mm) above grade, measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four inches (102 mm) when grade is a solid surface such as a concrete deck, or when the barrier is mounted on the top of the aboveground pool structure. When barriers have horizontal members spaced less than forty-five inches (1,143 mm) apart, the horizontal members shall be placed on the pool side of the barrier.

Any decorative design work on the side away from the swimming pool such as protrusions , indentations or cutouts, which renders the barrier easily climbable, is prohibited. 3109.3.1.1 Openings. Openings in the barrier shall not allow passage of a four -inch (102 mm) diameter sphere.

EXCEPTIONS:
a. When vertical spacing between such opening s is forty -five inches (1,143 mm) or more, the opening size may be increased such that the passage of a four -inch (102 mm) diameter sphere is not allowed.
b. For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four inches (102 mm) when the distance between the top and bottom of horizontal members is forty-five inches (1,143 mm) or more. 3109.3.1.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 3109.3.1.3 Chain link fences. Chain link fences used as the barrier shall not be less than eleven gauge, with an approved filler material interwoven between openings tha t provide a smooth surface free of foot and hand holds.
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3109.3.1.4 Access gates. Access gates shall comply with the requirements of 3109.3.1 through 3109.3.1.3 and in no case shall any gate have a width greater than four feet (1,290 mm). Any access gate through the barrier must swing away from the pool or spa. Pedestrian access gates shall be self-closing and have a self -latching device. Where the release mechanism of the self - latching device is located less than fifty -seven inches (1,448 mm) from the bott om of the gate, (1) the release mechanism shall be located on the pool side of the barrier at least three inches (76 mm) below the top of the gate, and (2) the gate and barrier shall have no opening greater than one half inch (12.7 mm) within eighteen inch es (457 mm) of the release mechanism. Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use.
3109.3.1.5 Dwelling wall as a barrier. Where a wall of a Group R, Division 3 Occupancy dwelling unit serves as part of the barrier and contains door openings between the dwelling unit and the outdoor swimming pool that provides direct access to the pool, a separation fence meeting the requirements of Section 3109.3.1 shall be provided.

EXCEPTIONS: When approved by the Building Official, two of the following may be used. a. An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home.
b. Removable m esh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self -closing and self-latching and can accommodate a key lockable device. c. An approved safety pool cover, as defined in subdivision (d) of Section 115921. d. Exit alarms on the private single -family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.” e. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single -family home’s doors providing direct access to the swimming pool or spa.
f. An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
g. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently v erified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME). 3109.3.1.6 Pool structure as a barrier. Where an above ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is 47 ORDINANCE NO. 2025-007

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a ladder or steps, the (1) the ladder or steps shall be capable of being secured, locked or removed to prevent access or (2) the ladder or steps shall be surrounde d by a barrier that meets the requirements of Sections 3109.3.1 through 3109.3.1.4. When ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a four -inch- diameter (102 mm) sphere.

15.04.063 - Section 3109.3.2 added—Indoor swimming pools.

Section 3109.3.2 is added to the California Building Code and shall read as follows:
3109.3.2 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.3.1.5.

15.04.180 - Chapter 1, Division II, Section 105.2 amended—Work exempt from permit.

Section 105.2 of Division II of Chapter 1 of the California Building Code is amended to read as follows:
105.2 Work exempt from permit. A building permit will not be required for the following:

1. One story detached accessory structures used as tool and storage sheds, gazebos, playhouses, temporary tents, and similar uses, provided the structure area, measured from the exterior, does not exceed one hundred twenty square feet and meets all required setbacks. Open structures, such as gazebos, will be measured from the roof line, not the support posts. It is permissible that these structures still be regulated by California Building Code Section 710A, despite exemption from permit.

2. Oil derricks.

3. Nonfixed and moveable fixtures, cases, racks, counters, and partitions not over five feet, nine inches in height.

4. Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons.

5. Platforms, decks, walks, and driveways not more than thirty inches above grade and not over any basement or story below and are not part of an accessible route.

6. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.

7. Temporary motion picture, television, and theater stage sets and scenery.

8. Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support of Group R -3 and U occupancies.

9. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy that are less than eighteen inches deep, do not exceed five thousand gallons, and are installed entirely above the ground.

10. Block walls and fences less than three feet in height. 48 ORDINANCE NO. 2025-007

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11. Retaining walls under eighteen inches in height.

12. Swings and other playground equipment accessory to detached one - and two -family dwellings.

13. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

14. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

Unless otherwise exempted by this code, separate plumbing, electrical, and mechanical permits will be required for the above exempted items. Exemption f rom the permit requirements of this code shall not be deemed to grant authorization for any work to be in violation of any other laws or ordinances of this jurisdiction.

15.04.181 - Chapter 1, Division II, Section 109.1 amended—Payment of fees.

Section 109.1 of Division II of Chapter 1 of the California Building Code is amended to read as follows:
109.1 Payment of fees. The application plans, and specifications and other data filed by an applicant for a permit shall be reviewed by the Building Official. Such plans shall be reviewed by other departments of the city to verify compliance with any applicable laws or ordinances under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the plans, specif ications and other data filed therewith conform to the requirements of this code, and other pertinent laws and ordinances, and that the fees specified in Section 109.2.1 and the fees required by other departments of the city have been paid, the Building Official shall issue a permit therefor to the applicant.

15.04.182 - Chapter 1, Division II, Section 109.2.1 added—Permit fees.

Section 109.2.1 is added to Division II of Chapter 1 of the California Building Code and shall read as follows:
109.2.1 Permit fees. A fee for each building permit shall be paid to the Building Official as set forth in a resolution adopted by the city council.
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15.04.183 - Chapter 1, Division II, Section 109.2.2 added—Plan review fee.

Section 109.2.2 is added to Division II of Chapter 1 of the California Building Code and shall read as follows:
109.2.2 Plan review fee. When a plan or other data is required to be submitted by Section 107, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be at an amount set by resolution of the city council.

15.04.184 - Chapter 1, Division II, Section 109.2.3 added—Inspection fee.

Section 109.2.3 is added to Division II of Chapter 1 of the California Building Code and shall read as follows:
109.2.3 Inspection fee. That in lieu of the permit fees otherwise provided for in this section, the fee for the inspection of a structure to be moved into the City shall be paid as set by resolution of the city council.

15.04.185 - Chapter 1, Division II, Section 109.4.1 added —Work commencing before permit issuance penalty.

Section 109.4.1 is added to Division II of Chapter 1 of the California Building Code and shall read as follows:
109.4.1 Work commencing before permit issuance penal ty. When the building official has determined that work which requires a permit by this code has commenced prior to permit issuance, a penalty equal to double the cost of the permit, may be charged.

15.04.186 - Chapter 1, Division II, Section 109.6 amended—Refunds.

Section 109.6 of Division II of Chapter 1 of the California Building Code is amended to read as follows:
109.6 Refunds. The Building Official may authorize refunding of any fee paid hereunder in accordance with the department policies and procedures.

15.04.191 - Appendix J—Definition of Building Official.

Throughout Appendix J of the California Building Code where the word "Building Official" appears it shall be amended to read "City Engineer.”

15.04.192 - Section J103.1 amended—Permits required.

Section J103.1 of the California Building Code is amended to read as follows:

Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit thereof from the City Engineer. A grading permit does not include the construction of retaining walls or other structures.

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A fee for each grading permit shall be paid as set forth in the City of Chino's Comprehensive Fee Schedule. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for t he original permit and the fee shown for the entire project.

When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in the City of Chino's Comprehensive Fee Schedule. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code.

For excavation and fill on the same site, the fee shall be based on the volume of e xcavation or fill, whichever is greater.

Chapter 15.06 - RESIDENTIAL CODE
Sections:

15.06.010 - Adopted.

15.06.020 - Additions, deletions and amendments.

15.06.030 - Chapter 1, Division II, Section R105.2 amended—Work exempt from permit.

15.06.031 - Chapter 1, Division II, Section R105.3.1.1 deleted.

15.06.032 - Chapter 1, Division II, Section R108.1 amended—Payment of fees.

15.06.033 - Chapter 1, Division II, Section R108.2.1 added—Permit fees.

15.06.034 - Chapter 1, Division II, Section R108.2.2 added—Plan review fees.

15.06.035 - Chapter 1, Division II, Section R108.2.3 added—Inspection fee.

15.06.036 - Chapter 1, Division II, Section R108.5 amended—Refunds.

15.06.100 - Section R301.1.3.2 amended—Wood frame structures greater than two stories.

15.06.101 - Table R301.2(1) amended—Climatic and Geographic Design Criteria.

15.06.010 - Adopted.

There is adopted by reference the 2025 California Residential Code, with errata, incorporating the 2024 International Residential Code, including Chapter 1, Division II, and Appendix V. That certain document, three copies of which are on file with the city of Chino, being marked and designated as California Residential Code, 2025 Edition, as copyrighted 2025 by the International Code Council, is adopted as the Residential Code of the City of Chino, for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures in the City of Chino, providing for the issuance of permits therefor; and each and all such regulations are referred to, adopted, and made part hereof as though fully set out in this section, excepting such portions as are hereinafter deleted, modified, or amended by this chapter.

15.06.020 - Additions, deletions and amendments.

The California Residential Code, adopted by Section 15.06.010, is amended as set out in this chapter.

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15.06.030 - Chapter 1, Division II, Section R105.2 amended—Work exempt from permit.

Section R105.2 of the California Residential Code is amended to read as follows:

R105.2 Work exempt from permit. A building permit will not be required for the following:

1. One story detached accessory structures used as tool and storage sheds, gazebos, playhouses, temporary tents, and similar uses, provided th e structure area, measure from the exterior, does not exceed one hundred twenty square feet and meets all required setbacks. Open structures, such as gazebos, will be measured from the roof line, not the support posts. It is permissible that these structures still be regulated by Section 710A of the California Building Code, despite exemption from permit.

2. Oil derricks.

3. Nonfixed and moveable fixtures, cases, racks, counters, and partitions not over five feet, nine inches in height.

4. Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons.

5. Platforms, decks, walks, and driveways not more than thirty inches above grade and not over any basement or story below.

6. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.

7. Temporary motion picture, television, and theater stage sets and scenery.

8. Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support of Group R -3 and U occupancies.

9. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy that are less than eighteen inches deep, do not exceed five thousand gallo ns, and are installed entirely above the ground.

10. Block walls and fences less than three feet in height.

11. Retaining walls under eighteen inches in height.

12. Swings and other playground equipment accessory to detached one - and two -family dwellings.

13. Driveways, sidewalks, and walks that are not part of an accessible route.

14. Decks not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4
Unless otherwise exempted by this code, separate plumbing, electrical, and mechanical permits will be required for the above exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be in violation of any other laws or ordinances of this jurisdiction.
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15.06.031 - Chapter 1, Division II, Section R105.3.1.1 deleted.

Chapter 1, Division II, Section R105.3.1.1 of the California Residential Code is deleted.

15.06.032 - Chapter 1, Division II, Section R108.1 amended—Payment of fees.

Section R108.1 of the California Residential Code is amended to read as follows:

R108.1. Payment of fees. The application plans, and specifications and other data filed by an applicant for a permit shall be reviewed by the Building Official. Such plans shall be reviewed by other departments of the City to verify compliance with any applicable laws or ordinances under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code, and other pertinent laws and ordinances, and that the fees specified in Section 108.2.1 and the fees required by other departments of the City have been paid, the Building Official shall issue a permit therefor to the applicant.

15.06.033 - Chapter 1, Division II, Section R108.2.1 added—Permit fees.

Section R108.2.1 is added to the California Residential Code and shall read as follows:

R108.2.1 Permit fees. A fee for each building permit shall be paid to the Building Official as set forth by resolution of the city council.

15.06.034 - Chapter 1, Division II, Section R108.2.2 added—Plan review fees.

Section R108.2.2 is added to the California Residential Code and shall read as follows:

R108.2.2 Plan review fee. When a plan or other data is required to be submitted by Section 106 a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plans review fee shall be set by resolution of the city council.

15.06.035 - Chapter 1, Division II, Section R108.2.3 added—Inspection fee.

Section R108.2.3 is added to the California Residential Code and shall read as follows:

R108.2.3 Inspection fee. That in lieu of the permit fees otherwise provided for in this section, the fee for the inspection of a structure to be moved into the City shall be paid as set by resolution of the city council.

15.06.036 - Chapter 1, Division II, Section R108.5 amended—Refunds.

Section R108.5 of the California Residential Code is amended to read as follows:

R108.5 Refunds. The building official may authorize refunding of any fee paid hereunder in accordance with the department policies and procedures.

15.06.100 - Section R301.1.3.2 amended —Wood frame structures greater than two stories.

Section R301.1.3.2 of the California Residential Code is amended to read as follows:
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R301.1.3.2 Wood frame structures greater than two stories. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories in height located in Seismic Design Category A, B, or C. Notwithstanding other secti ons, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.

The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwe llings of wood frame construction more than one story in height located in Seismic Design Category D 0 , D 1 , D 2 , or E.

15.06.101 - Table R301.2(1) Amended—Climatic and Geographic Design Criteria.

TABLE R301.2(1)

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD

WIND DESIGN

SEISMIC
DESIGN
CATEGORY f

SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMP e
ICE

BARRIER
UNDER-
LAY-
MENT
REQUIRED h
FLOOD
HAZARDS g
AIR

FREEZING
INDEX i
MEAN
ANNUAL
TEMP j Speed d
(mph)
Topo-
graphic
effects k
Weathering a Frost line
Depth b Termite c
Zero 110 No D 2 or E Negligible 12-24" Very
Heavy 43 No See
footnote g 0 60
Footnotes: For S1: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2(4)]. Wind exposure category shall be determined on a site - specific basis in accordance with Section R301.2.1.4.
e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
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g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. (a) Chino became a "Community" pe r the National Flood Insurance Program (NFIP) on June 30, 1976 .....Community No. is 060272A/060272.
(b) The latest Flood Insurance Study (FIS) report and Flood Insurance Rate Map (FIRM) is August 28, 2008.
(c) Plan Numbers of applicable FIRMs for our community are: 06071C: 8615H, 8616H, 8620H, 9330H, 9335H, 9345H, and 9375H.
h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damm ing, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100 -year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index - USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.html.
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center d ata table "Air Freezing Index -USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
k. In accordance with Section R30 1.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed -up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.

Chapter 15.08 - MECHANICAL CODE
Sections:

15.08.010 – Adopted.

15.08.020 – Chapter 1, Division II, Section 104.5 amended—Permit Fees.

15.08.010 - Adopted.

There is adopted by ref erence the 2025 California Mechanical Code, with errata, incorporating the 2024 Uniform Mechanical Code, including Chapter 1, Division II. That certain document, three copies of which are on file with the city of Chino, being designated and marked as the California Mechanical Code, 2025 Edition, copyrighted 2024 by the International Association of Plumbing and Mechanical Officials is adopted for regulating the installation, maintenance, and repair of heating and cooling within the city of Chino and prescr ibing standards of inspection therefor, and each and all such regulations are referred to, adopted and made a part hereof, as though fully set out in this chapter.
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15.08.020 - Chapter 1, Division II, Section 104.5 amended—Permit Fees.

Chapter 1, Division II, Section 104.5 of the California Mechanical Code is amended to read as follows:
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as designated in the fee schedule adopted by resolution of the city council.

Chapter 15.12 - INTERNATIONAL PROPERTY MAINTENANCE CODE Sections:

15.12.010 - Adopted.

15.12.020 - Additions, deletions and amendments.

15.12.030 - Section 101.1 amended—Title.

15.12.050 - Section 103.3 amended—Fees.

15.12.051 - Section 112.4 amended—Failure to comply.

15.12.052 - Section 303 deleted—Swimming pools, spas and hot tubs.

15.12.060 - Reserved.

15.12.062 - Section 304.14 amended—Insect screens.

15.12.064 - Section 602.3 amended—Heat supply.

15.12.066 - Section 602.4 deleted—Occupiable work spaces.

15.12.010 - Adopted.

There is hereby adopted by reference the International Property Maintenance Code, 2024 Edition. That certain document, three copies of which are on file with the city of Chino, being marked and designated as the International Proper ty Maintenance Code, 2024 Edition, sponsored by the International Code Council, is adopted as the International Property Maintenance Code of minimum requirements of residential buildings and providing for enforcement thereof and penalties for violations o f such code, and each and all the regulations, provisions, penalties, conditions and terms of such International Property Maintenance Code, 2024 Edition, are referred to, adopted and made a part hereof as though fully set forth in this chapter.

15.12.020 - Additions, deletions and amendments.

The International Property Maintenance Code adopted by Section 15.12.010, is amended as set out in this chapter.

15.12.030 - Section 101.1 amended—Title.

Section 101.1 of the International Property Maintenance Code is amended as follows:
101.1 Title. These regulations shall be known as the International Property Maintenance Code of the city of Chino, herein referred to as "this code."

15.12.050 - Section 103.3 amended—Fees.

Section 103.5 of the International Property Maintenance Code is amended as follows:
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103.5 Fees. The fees for activities and services performed by the City of Chino in carrying out its responsibilities under this code shall be indicated in the most current adopted User Fee Schedule.

15.12.051 - Section 110.4 amended—Failure to comply.

Section 110.4 of the International Property Maintenance Code is amended as follows:
110.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except su ch work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to administrative citations as set forth in section 1.15 of the Chino Municipal Code, or any successor ordinance.

15.12.052 - Section 303 deleted—Swimming pools, spas and hot tubs.

Section 303 of the International Property Maintenance Code is deleted.

15.12.060 - Reserved.

15.12.062 - Section 304.14 amended—insect screens.

Section 304.14 of the International Property Maintenance Code is amended to read as follows:
304.14 Insect screens. At all times, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum sixteen mesh per inch and every screen door used for insect control shall have a self -closing device in good working condition.

15.12.064 - Section 602.3 amended—Heat supply.

Section 602.3 of the International Property Maintenance Code is amended to read as follows:
602.3 Heat supply. Every owner and operator of any building who occupies, rents, leases, or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants at all times to maintain a minimum temperature of sixty-eight degrees F in all habitable rooms, bathrooms and toilet rooms.

15.12.066 - Section 602.4 deleted—Occupiable work spaces.

Section 602.4 of the International Property Maintenance Code is deleted.

Chapter 15.16 - ABATEMENT OF DANGEROUS BUILDINGS
Sections:

15.16.010 - Adopted.

15.16.011 - Section 202.1 added—Immediate hazardous condition.

15.16.020 - Section 801.1 amended—Procedure.

15.16.030 - Section 801.2 amended—Costs.

15.16.040 - Sections 802.1 and 802.2 deleted.

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15.16.010 - Adopted.

There is hereby adopted by reference the Unifor m Code for the Abatement of Dangerous Buildings, 1997 Edition. That certain document, three copies of which are on file with the city of Chino, is designated and marked as the Uniform Code for the Abatement of Dangerous Buildings, whereby buildings and str uctures that endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished.

15.16.011 - Section 202.1 added—Immediate hazardous condition.

Section 202.1 is added to the Uniform Code for the Abatement of Dangerous Buildings and shall read as follows:
202.1 Immediate Hazardous Condition. Whenever the Building Official determines by inspection that a structure constitutes an immediate hazardous condition, the Building Official shall first make a reasonable effort to locate and notify the owner or other persons having charge or control of the structure. If neither can be located, the Building Official shall issue an order directed to the owner or other person in control of the structure to have the hazardous condition either removed or repaired immediately. If no one in charge of the structure can be located, the Building Official shall order the hazardous condition abated either by City personnel or by a private contractor.

Recovery of cost of repair or removal shall be as specified in Section 905.

15.16.020 - Section 801.1 amended—Procedure.

Section 801.1 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
801.1 Procedure. When any work or repair or demolition is to be done pursuant to Section 701.3 of this code, the Building Official shall issue his order therefor and the work shall be accomplished by City personnel or by private contract. Plans and specifications therefor may be prepared with architectural and engineering assistants on a contract basis. If any part of the work is to be accomplished by private contract, standard contractual procedures shall be followed.

15.16.030 - Section 801.2 amended—Costs.

Section 801.2 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
801.2 Costs. The cost of such work may be paid by a special assessment against the property involved, or may be made a personal obligation of the prop erty owner, whichever the city council shall determine is appropriate.

15.16.040 - Sections 802.1 and 802.2 deleted.

Sections 802.1 and 802.2 of the Uniform Code for the Abatement of Dangerous Buildings are deleted.
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15.16.050 - Section 901 amended—Expense account for repair or demolition.

Section 901 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

Where the phrase "Director of Public Works" appears, it shall be amended to read "Building Official."
Chapter 15.20 - HAZARDOUS AND UNSAFE COMMERCIAL BUILDINGS Sections:

15.20.010 - Definitions.

15.20.020 - Scope.

15.20.030 - Determination of compliance.

15.20.040 - Design and construction criteria.

15.20.050 - Maintenance of parapets or other appendages.

15.20.060 - Voluntary repairs or alterations—Compliance to California Building Code.

15.20.070 - Design criteria for buildings two or more stories in height.

15.20.080 - Immediately hazardous conditions—Notice to abate.

15.20.090 - Hazardous condition—Notice to abate.

15.20.100 - Expenses incurred by city—Collection.

15.20.110 - Reserved.

15.20.120 - Violation—Penalty.

15.20.010 - Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

A. "A matter of personal safety" means a situation where because of the conditions of a building or portions thereof a person or persons including the owner, tenants, or any occupants thereof may be potentially in danger of loss of life, property, or physical personal injury.

B. "A matter of public safety" means a situation where, because of the condition of a building or portions thereof, a person or persons other than the owners and tenants thereof are very likely to be in danger of loss of life, property, or physical injury.

C. "Commercial building" means any building used either partially or wholly for commerce at the inception date of this chapter.

D. "Hazardous building" means a building or structure which is structurally inadequat e as required by the provisions of this chapter, or is otherwise potentially dangerous to human life, safety, health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, or abandonment.

E. "Immediately hazardous condition" means a condition involving a building or portions thereof that if not immediately corrected constitutes a real, present and immediate danger to life, safety, or health of any person.
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F. Substandard building" means a building or portion thereof in which there exists defective conditions as required by the provisions of this chapter.

15.20.020 - Scope.

The provisions of this chapter apply to the construction, alteration, or repair of all commercial buildings either occupied or unoccupied within the city.

15.20.030 - Determination of compliance.

Whenever, in the opinion of the building official of the city, there is insufficient evidence of compliance with the provisions of this chapter, or the building official has determined that there is i nsufficient evidence that a structure or methods of construction do not conform to all the requirements of this chapter, the building official shall require tests and engineering as proof of compliance to be made at the expense of the owner or his agent by an approved agency.

Copies of required tests or engineering calculations shall be submitted to the building department and shall be retained by such department in a permanent file.

15.20.040 - Design and construction criteria.

A. Every existing building constructed prior to May 26, 1933, except a building to which this chapter does not apply, shall contain sufficient structural elements to resist and withstand horizontal forces from any direction of not less than either of the following, whichever is the greater:

1. Two percent of the total vertical design load for buildings over forty feet in height from the top of their foundations, and three percent of the total vertical load for buildings less than forty feet in height from the top of their foundations;

2. Twenty pounds per square foot of wind pressure on the vertical projection of the exposed surface of every portion of the building more than sixty feet in height, and fifteen pounds per square foot of wind pressure on the vertical projection of the exposed surface of every portion of the building sixty feet or less in height.

B. In computing the resistance of any building to horizontal forces the stresses resulting from the combined vertical and horizontal forces shall not exceed one and one -third times the allowable working stress as adopted and specified in the current building code or as amended.

15.20.050 - Maintenance of parapets or other appendages.

A. No building shall have any parapet or appendage attached to or supported by an exterior wall of the building and located adjacent to a public way or to a way set apart for exit from building or passage of pedestrians. If such parapet or appendage is not so adequately constructed, anchored, or braced as to remain wholly in its original position in event of an earthquake having the effect designed by Section 2305 of the California Building Code, compliance pursuant to Section 15.20.030 is required.

B. Whenever the building department determines by inspection that an existing parapet or appendage is not so adequately constructed, anchored, or braced as to remain wholly in its original position, the building official shall, by written notice addressed to the owner, 60 ORDINANCE NO. 2025-007

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person, or agent in control of the building, designate and describe the hazards and inadequacies of construction, anchorage, or bracing determined by such inspection and direct that the necessary correction be made to insure that all of the parapets or appendages remain in its original position. Upon receipt of such notice, the owner, person, or agent in control of the building where such parapet exists shall:

1. Within three months from the date of such notice submit to the building department, for its review and approval, suitable corrective plans; all such corrective plans shall have the intent of eliminating the parapet or appendage, or reconstructing such parapet or appendage so that it will conform structurally with the requirements of the California Building Code, or strengthening such parapet or appendage by bracing or other means so that it will resist the forces of an earthquake and remain in its original position;

2. Obtain the necessary alteration permit;

3. Within one year from the date of such notice, complete all work necessary or ordered; however, the city council may, upo n application to it for an extension of such one year period, grant an extension of time not to exceed a total of three years from the date of such notice, where good cause is shown; the factors that the city council shall consider in determining whether an extension of time should be granted shall include, but not be limited to, the following factors:
a. The eminence and extent of the structural hazard and the degree of inadequacy of construction as determined by the city building division, b. The estimated cost to complete all work necessary or ordered in comparison to the fair market value of the building in question,
c. The amount of progress, if any, shown by the applicant towards resolution of the problems described in the notice from the building division.

C. The city council may revoke any extension of time granted hereunder, after notice has been given to the applicant and public hearing held on the matter, at any time it determines that reasonable progress is not being made by the applicant to c omplete all work necessary or ordered.

15.20.060 - Voluntary repairs or alterations—Compliance to California Building Code.

All voluntary repairs or alterations shall be required to meet the standards, construction and engineering as provided in Chapte r 1 Division II of the California Building Code as adopted by the city.

15.20.070 - Design criteria for buildings two or more stories in height.

It will be required that the owner or agent in control of all structures of two stories or more built prior to May 26, 1933, within the city shall be required to perform as follows:

A. Submit to the building department within a period of three years from the effective date of this chapter adequate engineering, including calculations, based upon the design criteria as adopted in this chapter, which would justify the story or stories above the first 61 ORDINANCE NO. 2025-007

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floor remaining, or corrective plans to bring the structure up to a standard equal to or better than the adopted design criteria;
B. When the corrective plans have been approved, obtain the necessary alteration or repair permits;
C. Complete all of the work necessary so the structure will conform structurally to all requirements of the adopted criteria within a period not to exceed three and one -half years from the effective date of this chapter.

15.20.080 - Immediately hazardous conditions—Notice to abate.

Whenever the building department determines by inspection that a structure or structures constitutes all immediately hazardous conditions as defined in this chap ter, the building official shall give written notice to the owner or agent in control of the subject structure to abate such hazard. The notice shall describe the hazard and shall set forth a maximum time of thirty days to abate the hazard either by remova l of the hazard or by repair or rehabilitation of the elements that constitute the hazard. If structural repairs are necessary to eliminate the hazard, such repairs shall meet the requirements of the design and construction criteria as adopted by this chapter.

15.20.090 - Hazardous condition—Notice to abate.

Whenever the building department determines by inspection that a structure or structures constitutes a hazardous condition as defined in this chapter, the building official shall give written notice to the owner or agent in control of the subject structure to abate such hazard. The notice shall describe the hazard and shall set forth a maximum time of ninety days to abate the hazard either by removal of the hazard or by repair or rehabilitation of the elements that constitute the hazard. If structural repairs are necessary to eliminate the hazard, such repairs shall meet the requirements of the design and construction criteria as adopted by this chapter.

15.20.100 - Expenses incurred by city—Collection.

Whenever such insufficient evidence or lack of compliance causes the city to incur an expense in order to obtain proper evidence or full compliance in accordance with the provisions of this chapter, such costs or expenses shall be charged to the owner of the premises involved as a special assessment on the land on which the building or structure is located and shall be collected in the manner provided for special assessments.

15.20.110 - Reserved.

15.20.120 - Violation—Penalty.

It is unlawful for any person to enlarge, alter, repair, improve, convert, use, occupy, or maintain any building or structure in the city or cause the same to be done contrary to or in violation of any of the provisions of this chapter.
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Chapter 15.24 - PLUMBING CODE
Sections:

15.24.010 - Adopted.

15.24.020 - Chapter 1, Division II, Section 1.4.5 amended—Fees.

There is adopted by reference the 2025 California Plumbing Code, with errata, incorporating the 2024 Uniform Plumbing Code, including Chapter 1, Division II. That cert ain document, three copies of which are on file with the city of Chino, being designated and marked as the California Plumbing Code, copyrighted 2024 by the International Association of Plumbing and Mechanical Officials, is adopted for regulating the installation, maintenance and repair of plumbing within the city, and prescribing standards of inspection therefor, and each and all such regulations are referred to, adopted and made a part hereof as though fully set out in this chapter.

15.24.020 - Chapter 1, Division II, Section 104.5 amended—Fees.

Chapter 1, Division II, Section 104.5 of the California Plumbing Code is amended to read as follows:
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set forth by resolution of the city council.

Chapter 15.28 - ELECTRICAL CODE
Sections:

15.28.010 - Adopted.

15.28.015 - Fees.

15.28.020 - Article 590 amended—Temporary electrical power and lighting installations.

15.28.030 - Requirements for cable television wiring in residential dwelling units.

15.28.010 - Adopted.

There is adopted by reference the 2025 California Electrical Code, with errata, incorporating the 2023 National Electrical Code. That certain document, three copies of which are on file with the city of Chino, being designated and marked as the California Electrical Code, 2025 Edition, as copyrighted 2023 by the National Fire Protection Association, is adopted as the Electric Code of the city of Chino for regulating the installation, maintenance and repair of electrical wiring and equipment within the city and prescribing standards of inspection and requirements therefor; and each and all such regulations are referred to, adopted and made a part hereof as though fully set out in this chapter.

15.28.015 - Fees.

All permits shall be paid as set forth by Resolution of the City Council.

15.28.020 - Article 590 amended—Temporary electrical power and lighting installations.

Article 590 of the California Electrical Code is amended as follows:
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590 Temporary electrical power and lighting installations. a. During the Period of Construction. Temporary electrical power and lighting installations shall be permitted during the period of construction, remodeling, maintenance, repair, or demolition of buildings, structures, equipment, or similar activities. b. 80 Days. Temporary electrical power and lighting installations shall be permitted for a period not to exceed eighty days, between November 1 and January 19, for decorative lighting and similar purposes.
c. Emergencies and Tests. Temporary electrical power and lighting installations shall be permitted during emergencies and for tests, experiments, and developmental work. d. Removal. Temporary wiring shall be removed immediately upon completion of construction or purpose for which the wiring was installed.

15.28.030 - Requirements for cable television wiring in residential dwelling units.

The following provision is added to the California Electrical Code:

Each single-family occupancy and each occupancy of a multifamily, Group R occupancy shall have installed therein a separate coaxial cable wiring system consisting of at least two outlet boxes, coaxial cable, junction boxes, and other necessary fixtures for the supply of Community Antenna Television (C.A.T.V.). The wiring system shall be installed such that a C.A.T.V. supply can be connected in the general vicinity of telephone service connections and said wiring system shall be installed in conformance with Article 820 of the California Electrical Code, 2025 Edition. The outlet boxes shall be located in the dwelling to the satisfaction of the building official so as to make best future use of the C.A.T.V. system.

Chapter 15.30 - EXPEDITED PERMITTING PROCESS FOR ELECTRIC VEHICLE

CHARGING STATIONS (EVCS)
Sections:

15.30.010 - Intent and purpose.

15.30.020 - Title, words and phrases.

15.30.030 - Applicability.

15.30.040 - Expedited review process.

15.30.050 - Electronic submittals.

15.30.060 - Association approval.

15.30.070 - Permit application processing.

15.30.080 - Technical review.

15.30.090 - Checklist.

15.30.090.a- Residential EV charger checklist.

15.30.090.b- Non-Residential EV charger checklist.

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15.30.010 - Intent and purpose.

The intent and purpose of this chapter is to adopt an expedited, streamlined electric vehicl e charging system permitting process to achieve timely and cost -effective installations of electric vehicle charging systems in compliance with California Government Code Section 65850.7, Assembly Bill No. 970 and Assembly Bill No. 1236. This chapter is de signed to encourage the use of electric vehicles by removing barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install electric vehicle charging systems. This chapter allows the city to achieve these goals while protecting the public health and safety.

15.30.020 - Title, words and phrases.

This ordinance [from which this chapter derives] shall be known as the City of Chino Electric Vehicle Charging Station Permit Expediting Ordinance. The terms, p hrases, and words used in this chapter shall be construed in compliance with the definitions set forth by California Government Code Section 65850.7.

15.30.030 - Applicability.

Electric vehicle charging stations which qualify for expedited permit proces sing, pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in the city's Electric Vehicle Charging Station Permit Expediting Ordinance.

15.30.040 - Expedited review process.

Consistent with Government Code Section 65850.7, the building official shall implement an expedited administrative permit review process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the governor's office of planning and research. The city's adopted checklist shall be published on the city's website.

A. EVCS Projects with 1-25 stations: 5 business days to deem an application complete or incomplete, once application is complete, 20 business days to issue an approval to build.

B. EVCS Projects with 26 or more stations: 10 business days to deem an application in/complete, 40 business days to issue an approval to build.

C. Parking Considerations: If EV Charging Stations and Support Equipment take place of parking spaces, city/county is required to reduce the number of required parking spaces.

15.30.050 - Electronic submittals.

Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentation. In accepting such permit applications, the building official s hall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
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15.30.060 - Association approval.

Consistent with Government Code Section 65850.7, the building official shall not co ndition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

15.30.070 - Permit application processing.

A permit application that satisfies the information requirements in the city's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meet the requirements of the city's adopted che cklist, and are consistent with all applicable laws, the building official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. All permit applications require a zoning clearance determination. Su ch approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the building official determines that the permit application is incomplete, he or she shall issue a written c orrection notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

15.30.080 - Technical review.

It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations, so long as the action does not supersede the building official's authority to address higher priority life-safety situations.

15.30.090 - Checklist.

The checklists authorized by this chapter are depicted in the following tables:

/ / /

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Table 15.30.090.a

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Table 15.30.090.b

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Chapter 15.31-Wildland-Urban Interface Code

Sections:

15.31.010 - Adopted.

15.31.020 - Chapter 1, Division II, Section 101.1 amended—Title.

15.31.030 - Chapter 1, Division II, Section 102.4.1 amended-Conflicts

15.31.040 - Chapter 1, Division II, Section 104.7 amended-Official Records

15.31.050- Chapter 1, Division II, Section 105.4.2 amended- Time limitation of application

15.31.060- Chapter 1, Division II, Section 106.4 amended- Vegetation management compliance

15.31.070- Chapter 1, Division II, Section 108.5 amended- Related fees

15.31.080- Chapter 1, Division II, Section 109.3.7 amended- Violation penalties

15.31.090- Chapter 1, Division II, Section 112.1 amended- General

15.31.100- Chapter 1, Division II, Section 112.5 amended- Appeals procedure

15.31.110- Chapter 1, Division II, Section 112.6 amended- Fees

15.31.120- Chapter 6 Fire Protection Requirements, Section 602.1- General

15.31.130- Chapter 6 Fire Protection Requirements, Section 602.2.1- Permits

15.31.140- Chapter 6 Fire Protection Requirements, Section 602.2- Contents

15.31.150- Chapter 6 Fire Protection Requirements, Section 604.1- General

15.31.160- Chapter 6 Fire Protection Requirements, Section 604.2- Application

15.31.010 - Adopted.

There is adopted by reference the 2025 California Wildland-Urban Interface Code, with errata, incorporating the 2024 International Wildland -Urban Interface Code, that certain document, three copies of which are on file with the city of Chino, being marked and designated as 2025 California Wildland-Urban Interface Code, as copyrighted and published in 2025 by the International Code Council , including any additions, insertions, deletions, and changes prescribed in this chapter, regulating and governing the safeguarding of life and property from wildfire.

15.31.020 - Chapter 1, Division II, Section 101.1 amended—Title.

Chapter 1, Division II, Scope and Administration Part I General Provisions, Section 101.1 shall be changed to read as follows:

101.1 Title. These regulations shall be known as the California Wildland-Urban Interface Code of the City of Chino, hereinafter referred to as “this code”.

15.31.030 - Chapter 1, Division II, Section 102.4.1 amended-Conflicts Chapter 1, Division II Scope and Administration, Part I General Provisions, Section 102.4.1 shall be changed to read as follows:
102.4.1 Conflicts. Where confl icts occur between provisions of this code and referenced codes and standards, the fire code official shall determine which provision meets the general intent of this code
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15.31.040 - Chapter 1, Division II, Section 104.7 amended-Official Records Chapter 1, Division II Scope and Administration, Part 2 Administration and Enforcement, Section 104.7 shall be changed to read as follows:

104.7 Official Records. The jurisdiction shall keep official records as outlined by Sections 104.7.1 through 104.7.5. Such of ficial records shall be retained for 3 years or as otherwise stipulated in the District’s records retention policy.

15.31.050- Chapter 1, Division II, Section 105.4.2 amended- Time limitation of application

Chapter 1, Division II Scope and Administration , Part 2 Administration and Enforcement, Section 105.4.2 shall be changed to read as follows:

105.4.2 Time limitation of application. An application for a permit for any proposed work or operation shall be deemed to have been abandoned 180 days after the date of filing, unless a permit has been issued for said application; except that the fire code official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days eac h and the F ire District may charge an extension fee as outlined in the adopted fee schedule. The extension shall be requested by a means acceptable to the jurisdiction and shall be justifiable.

15.31.060- Chapter 1, Division II, Section 106.4 amended- Vegetation management compliance

Chapter 1, Divisi on II Scope and Administration, Part 2 Administration and Enforcement, Section 106.4 shall be changed to read as follows:

106.4 Vegetation management compliance. Prior to the building permit final approval, the property shall be compliance with the vegeta tion management requirements prescribed in Section 603, including California Public Resources Code 4291 or California Government Code Section 51182 and or the requirements prescribed in the District’s Vegetation Management Ordinance as adopted by the juris diction. Acceptance methods of compliance inspection and documentation shall be determined by the enforcing agency and shall be permitted to include any of the following:

1. Local, state or federal fire authority or designee authorized to enforce vegetati on management requirements.

2. Enforcing agency.

3. Third -party inspection and certification authorized to enforce vegetation management requirements.

4. Property owner certification authorized by the enforcing agency.

15.31.070- Chapter 1, Division II, Section 108.5 amended- Related fees

Chapter 1, Division II Scope and Administration, Part 2 Administration and Enforcement, Section 108.5 shall be changed to read as follows:

108.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition of work done in connection to or concurrently with the work or activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees or penalties that are prescribed by law or adopted in the jurisdiction’s fee schedule.

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15.31.080- Chapter 1, Division II, Section 109.3.7 amended- Violation penalties

Chapter 1, Division II Scope and Administration, Part 2 Administration and Enforcement, Section 109.3.7 shall be changed to read as follows:

109.3.7 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall fail to obtain approval by the fire code official for the commencement of construction, alteratio n, or repair or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than 1,000 dollars or by imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. In addition to, or in place of, the foregoing penalties, administrative penalties pursuant to the District’s Administrative Citation Ordinance may be imposed in connection with any violation of this code or any District Ordinance. Any person violating or who has viol ated any section of this code or District Ordinance may be issued an administrative citation in accordance with the Administrative Citation Ordinance.

15.31.090- Chapter 1, Division II, Section 112.1 amended- General

Chapter 1, Division II Scope and Admi nistration, Part 2 Administration and Enforcement, Section 112.1 shall be changed to read as follows:

112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be selected by the Fire Chief and shall hold office as its pleasure. The fire code official shall be an ex officio member of said board but shall not have a vote on any matter before the board. The board shall adhere to the rules of procedure for conducting business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.

15.31.100- Chapter 1, Division II, Section 112.5 amended- Appeals procedure

Chapter 1, Division II Scope and Administration, Part 2 Administration and Enforcement, Section 112.5 shall be added to read as follows:

112.5 Appeals procedure. The applicant may file an appeal with the Fire District’s Clerk of the Board within thirty (30) days of a final order, decision or determination made by the fire code official relative to the application and interpretation of this code. Upon receipt of an appeal, the Clerk of the Board shall fix the time and place of the hearing, which shall be at a District meeting facility not more than sixty (60) days after the date of the appeal. The Clerk of the Board shall give written notice of the time and place of the hearing to the initiat ing party, the Fire Chief, the fire code official and the Appeals Board. The Appeals Board shall keep a record of the proceedings of each hearing. The Appeals Board shall issue written findings and a decision within fifteen (15) days of the conclusion of the hearing which shall be mailed to the parties’ first- class mail, postage prepaid, at such address as they have provided.

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15.31.110- Chapter 1, Division II, Section 112.6 amended- Fees Chapter 1, Division II Scope and Administration, Part 2 Administratio n and Enforcement, Section 112.6 shall be added to read as follows:

112.6 Fees. The fire code official and staff shall act as staff to the Appeals Board and for that purpose may determine and set fees to charge the appellant to cover the cost of preparati on of the record for appeal.

15.31.120- Chapter 6 Fire Protection Requirements, Section 602.1- General

Chapter 6 Fire Protection Requirements, Section 602.1 shall be changed to read as follows:

602.1 General. The code official is authorized to require t he owner or owner’s authorized agent for all new buildings or developments to be built or installed in a wildland-urban interface area or designated fire hazard severity zone to prepare and submit a fire protection plan. The fire protection plan shall be p repared to determine the acceptability of fire protection and life safety measures designed to mitigate wildfire hazards presented for the property under consideration.

The fire protection plan shall be prepared by a registered design professional, qualifi ed landscape architect, qualified fire safety specialist or similar specialist acceptable to the fire code official and shall analyze the wildfire risk of the building, project, premises or region to recommend necessary changes. A preliminary fire protecti on shall be submitted to the Fire District for review prior to the submission of the final fire protection plan.

15.31.130- Chapter 6 Fire Protection Requirements, Section 602.2.1- Permits

Chapter 6 Fire Protection Requirements, Section 602.2.1.1 shall be added to read as follows:

602.2.1 Permits. Permits shall be required as set forth in Section 105.1 of the 2025 California Wildland Urban Interface Code and Section 105.6 of the 2025 California Fire Code. Permits require that plans and specifications be submitted to the fire code official for review and approval prior to the issuance of a building permit or the installation or alteration of landscaping or fuel modification of hazardous vegetation. All work shall be inspected and approved by the fire code official.

15.31.140- Chapter 6 Fire Protection Requirements, Section 602.2- Contents

Chapter 6 Fire Protection Requirements, Section 602.2. shall be changed to read as follows:

4903.2 Contents. The fire protection plan shall be based on a project -specific wildfire hazard assessment that includes considerations of location, topography, aspect, climatic and fire history. The plan shall identify conformance with all applicable state wildfire protection regulations, statues and applicable local ordinances, w hichever are more restrictive. The plan shall address fire department access, egress, road and address signage, water supply in addition to fuel reduction in accordance with Public Resources Code (PRC) 4290; the defensible space requirements in accordance with PRC 4291 or Government Code 51182; and applicable codes and standard for wildfire safety. The plan shall identify mitigation measures to address the project’s specific wildfire risk and shall include the information required in Section 602.3 through 6 02.3.2. In addition to the requirements of Section 602.3 through 602.3.2, The fire protection plan shall be provided with recommendations for a fuel modification area. Fuel modification areas shall be included into all entitlement documents and shall inclu de the 85 ORDINANCE NO. 2025-007

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requirements set forth Section 603. A minimum fuel modification of 100 feet is required from each structure within the development. The overall width of the fuel modification shall consider the findings in the project-specific wildfire hazard assessment.

15.31.150- Chapter 6 Fire Protection Requirements, Section 604.1- General

Chapter 6-Fire Protection Requirements, Section 604.1 shall be changed to read as follows:

604.1 General. Hazardous vegetation and fuels shall be managed to reduce the seve rity of potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading to buildings as required by applicable laws and regulations.

All elements of the final fire protection plan and fuel modification plans shall be maintained in accordance with said plans and are subject to the enforcement process outlined in the Section 109 and or the notice served to the property owner and or owners’ agent.

15.31.160- Chapter 6 Fire Protection Requirements, Section 604.2- Application

Chapter 6 Fire Protection Requirements, Section 604.2 shall be changed to read as follows:

604.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous vegetation and fuel management:

1. All unincorporated l ands designated as a State Responsibility Area (SRA). 2. Land designated as a Very High Fire Hazard Zone by a city or local agency.

3. Land designated in a city or local agency ordinance as a wildland -urban interface (WUI) area.

In addition to the aforem entioned, properties as required by the District’s Vegetation Management Ordinance shall comply with the provisions set forth herein as well as the requirements set forth in the adopted Ordinance.

Chapter 15.32 - FIRE CODE

Sections:

15.32.010 - Adopted.

15.32.020 - Findings.

15.32.030 - Definitions.

15.32.040 - Fees.

15.32.050 - Chapter 1, Division II, Section 101.1 amended—Title.

15.32.060 - Chapter 1, Division II, Section 102.7 amended—Conflicts.

15.32.070 - Chapter 1, Division II, Section 102.7.2 amended—Provisions in referenced codes and standards.

15.32.080 - Chapter 1, Division II, Section 104.10 amended—Fire Investigations.

15.32.090 - Chapter 1, Division II, Section 105.5.59 amended- Additional Permits.

15.32.100 - Chapter 1, Division II, Section 105.6.15.1 added—Fixed extinguishing systems.

15.32.110 - Chapter 1, Division II, Section 105.6.26 added—. Additional construction permits

15.32.120 - Chapter 1, Division II, Section 108.5 amended- Related fees

15.32.130 - Chapter 1, Division II Scope and Administration, Part 2 Administration and Enforcement, Section 108.7 added-False or nuisance alarms. 86 ORDINANCE NO. 2025-007

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15.32.140 - Chapter 1, Division II, Section 112.1 amended— General.

15.32.150 - Reserved

15.32.160 - Chapter 1, Division II, Section 112.5 added—Appeals procedure.

15.32.170 - Chapter 1, Division II, Section 112.6 added—Fees.

15.32.180 - Chapter 1, Division II, Section 113.4 amended—Violation penalties.

15.32.190 - Chapter 1, Division II, Section 114.4 amended—Failure to comply.

15.32.200 - Section 304.1 amended—Waste accumulation prohibited.

15.32.210 - Section 304.1.3 amended—Vegetation.

15.32.220 - Sections 304.1.3.1 through 304.1.3.2.3.4 added.

15.32.230 - Section 305.6 added—Spark arrestor.

15.32.231 - Sections 307.1, 307.1.1, and 307.3 amended- General

15.32.232 - Section 311.5 amended- Placards.

15.32.240 - Sections 313.1.2 and 313.1.2.1 added.

15.32.250 - Section 503.1.2.1 added—Remoteness.

15.32.260 - Section 503.1.2.2 added—Aerial access.

15.32.270 - Section 503.2.1 amended—Dimensions

15.32.280 - Section 503.2.3 amended—Surface.

15.32.281 - Section 504.5 added- Fire service features.

15.32.290 - Section 505.1 amended—Address identification.

15.32.291 - Section 901.6 amended- Inspection, testing, and maintenance.

15.32.300 - Section 903.2 amended—Where required.

15.32.310 - Reserved

15.32.320 - Reserved

15.32.330 - Reserved

15.32.340 - Section 5601.1.3 amended—Fireworks.

15.32.341 - Section 5601.2.1 amended- Residential uses.

15.32.350 - Section 5601.7 amended—Seizure of fireworks.

15.32.360 - Appendix D, Section D101.1 amended—Scope.

15.32.370 - Appendix D, Section D102.1 amended—Access and loading.

15.32.380 - Appendix P, Section P103.7 amended—Access and loading.

15.32.390 - Geographical limits.

15.32.010 - Adopted.

There is adopted by reference the California Fire Code, 2025 Edition, with errata, together with those portions of the 2024 International Fire Code as published by the International Code Council, including Chapter 1, Sections 305, 307, 308, 309, 310, 311 -311.5, Chapter 4, Chapter 11, Appendix F, I, J, K, N, and P not included in the 2025 California Fire Code, collectively referred to as the "fire code," and with the additions, insertions, deletions, and changes prescribed in this chapter, regulating and governing the safeguarding of life and property from fire and explosion hazards, hazardous materials arising from the storage, handling and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildin gs and premises as herein provided; providing for the issuance of permits and collection of fees; and each and all of the regulations, provisions, penalties, conditions, and terms of said fire code on file in the office of the clerk of the City of Chino and of the District are referred to, adopted, and made part hereof.

15.32.020 - Findings.

The city council hereby finds that the amendments to the 2025 California Fire Code contained in this Chapter are reasonable and necessary because of local climactic , geologic and 87 ORDINANCE NO. 2025-007

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topographical conditions within the Chino Valley Independent Fire District's jurisdiction. This finding is supported and based upon the following express findings, which address each of these conditions and present the local situation which make the amendments necessary:

1. The climate and weather patterns within the City include frequent periods of drought and low humidity adding to the fire danger. Fire season can be year-round in this region.

2. During the summer months, the dry winds an d existing vegetation mix to create a hazardous fuel condition which has resulted in large loss vegetation and structure fires.

Summer temperatures exceeding one hundred degrees, and severe "Santa Ana" winds frequently occur and can move a fire quickly thr oughout areas of the City. Multiple shifting wind patterns throughout the canyon areas add to the difficulty in suppressing fires.

3. Because of weather patterns, the City has experienced a need for water conservation.

Due to the storage capacities and consumption, and a limited amount of rainfall (drought conditions), future water allocation is not fully dependable. While sound management of the water resources is possible, demands and possible critical depletions on an already stressed water supply can most assuredly be predicted.

4. Major roadways, highways, freeways and flood control channels located throughout the City create barriers and slow response times. Other unique factors which create barriers and slow response times are the multiple canyons l ocated within the City and the large California Institute for Men property.

5. The topography is also very steep in large areas of the City affecting the rate of fire spread and response times.

6. Due to the sloping in the regional valley where the City is located, as well as the present street and storm drain design, heavy rainfall causes roadway flooding and landslides, which at times may make an access route impassable.

7. The City has within its boundaries active seismic hazards. Seismic activity within the City occurs yearly and a fire potential exists with these active faults. Existing structures and planned new development are at serious risk from an earthquake. This risk includes fire, collapse and the disruption of water supply for firefighting p urposes. Areas can also become isolated as a result of bridge, overpass and road damage and debris.

8. Structures in close proximity to each other pose an exposure problem which may cause a fire to spread from one structure to another as well as to the wildland area.

9. For practical and cost reasons, many new structures are built of wood construction. The potential for a conflagration exists due to the design and density of current structures.

10. Electrical supply and telephone communication failures occur due to high winds as well as other reasons. Water supply pumps and early notification cannot always be counted on.

11. Narrow and winding streets with little circulation and streets designed as storm drains impede emergency vehicle access and evacuation routes.
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15.32.030 - Definitions.

A. The term "jurisdiction" as used in the 2025 California Fire Code, shall mean the territory within the Chino Valley Independent Fire District.

B. The term "fire department" and "District" as used in the 2025 California Fire Code shall mean the Chino Valley Independent Fire District.

C. The term "Board of Directors" or "Board" as used in th e 2025 California Fire Code shall mean the governing body of the Chino Valley Independent Fire District. The "governing body" shall mean the Board of Directors of the Chino Valley Independent Fire District.

D. The term "Chief" as used in the 2025 California Fire Code shall mean the Fire Chief of the Chino Valley Independent Fire District.

E. The term "fire code official" and or “code official” as used in the 2025 California Fire Code shall mean the Fire Marshal and or Deputy or employee charged with the enforcement of this code with Chino Valley Independent Fire District.

F. The term "fire prevention" as used in the 2025 California Fire Code shall mean the Division, Department or Office of Community Risk Reduction of Chino Valley Independent Fire District.

15.32.040 - Fees.

A. Reasonable fees, not to exceed actual costs, may be collected by the fire code official for fire protection planning and services included in the Fire Code and in this Ordinance.

B. Fire Suppression, investigation, rescue, and emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 , 13009.1, and 13009.6. Any person who negligently or intentionally, or in violation of law, causes an emergency response, including but not limited to a traffic accident or spill of toxic or flammable liquids or chemicals, is liable for the costs of securing such emergency, including th ose costs set out in Government Code Section 53150 et seq. Any expense incurred by the District for securing such an emergency situation shall constitute a public debt of such person and shall be collectible by the District in the same manner as in the cas e of an obligation under contract, expressed or implied.

15.32.050 - Chapter 1, Division II, Section 101.1 amended—Title.

Chapter 1, Division II, Section 101.1 of the California Fire Code is amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Chino, hereinafter referred to as "this code."

15.32.060 - Chapter 1, Division II, Section 102.7 amended—Conflicts.

Chapter 1, Division II, Section 102.7 of the California Fire Code is amended to read as follows:
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102.7.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the fire code official shall determine which provision meets the general intent of this code.

15.32.070 - Chapter 1, Division II, Sectio n 102.7.2 amended —Provisions in referenced codes and standards.

Chapter 1, Division II, Section 102.7.2 of the California Fire Code is amended to read as follows:
102.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall be reviewed along with the referenced codes and standards. After said review, the fire code official shall determ ine which provisions meet the general intent of this code.

15.32.080 - Chapter 1, Division II, Section 104.10 amended—Fire Investigations.

Chapter 1, Division II, Section 104.10 of the California Fire Code is amended to read as follows:
104.10 Fire In vestigations. The District shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition, including but not limited to the unauthorized release of hazardous materials. If it appears to the i nvestigation unit that such fire, explosion or other hazardous condition is of suspicious origin, they are authorized to take immediate charge of all physical evidence relating to the cause of the incident and are authorized to pursue the investigation to its conclusion. Information that could be related to trade secrets or processes shall not be made part of the public record, except as directed by a court of law.

15.32.090 - Chapter 1, Division II, Section 105.5.59 amended- Additional Permits.

Chapter 1, Division II, Section 105.5.59 is amended to the California Fire Code and shall read as follows:
105.5.59 Additional permits. In addition to the permits required by Section 105.5 and Section 105.6, the following permits shall be obtained from the fir e code official prior to engaging in the following activities, operations, practices or functions:

1. Production facilities. To change use or occupancy, or allow the attendance of live audience, or for wrap parties.

2. Filming and special effects. To use pyrotechnic special effects, open flame, use of flammable or combustible liquids and gases, welding and the parking of motor vehicles in any building or location used for the purpose of motion picture, television and commercial production or for any film permit application as required from the cities served by the District.

3. Live audiences. To install seating arrangements for live audiences for the purpose of film, other events or entertainment, where approved seating will increase the occupant load at the premise, building or production location. See Chapter 48.

4. Fixed Extinguishing Systems. An operational permit is required for a fixed extinguishing system for a Type I Hood, excluding mobile food trucks
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5. General use permit. A general use permit f or any activity or operation not specifically addressed in this Chapter, which in the judgement of the fire code official, is possible or likely to produce conditions hazardous to life or property. A general use permit may include the temporary use of a facility for business or operations or for helicopter operations.

6. Special event. A special event permit is required when in the judgement of the fire code official the event is possible or likely to produce conditions hazardous to life or property.

15.32.100 - Chapter 1, Division II, Section 105.6.15.1 added —Fixed extinguishing systems.

Chapter 1, Division II, Section 105.6.15.1 is added to the California Fire Code and shall read as follows:
105.6.15.1 Fixed Extinguishing Systems. An operational permit is required for a fixed extinguishing system for a Type I Hood.

15.32.110 - Chapter 1, Division II, Section 105.6.26 added — Additional construction permits.

Chapter 1, Division II, Section 105.6.26 of the California Fire Code is added to read as follows:
105.6.26 Additional construction permits. In addition to the permits required by Section 105.6, the following construction permits shall be obtained from the fire code official:

1. Construction. A new construction or tenant improvement permit is r equired to be obtained in order to construct, enlarge, alter, repair, move, or change the occupancy or use of a building or structure or premise or to cause any new such work to be done.

2. Special equipment. A construction permit shall be obtained for th e installation or modification of special equipment needed or required for the operations outlined in this code, such special equipment includes but is not limited to pick-modules and dust collection systems.

3. Generator. A construction permit is required for the installation of a generator as regulated by this code. Exception: A permit is not required for the installation or use of a portable generator.

4. Fuel modification. To install or alter landscaping related to designated or required fuel modification areas in designated fire hazard severity zones.

5. Plan checks and field inspections when required by the fire code official and not otherwise addressed in this chapter.

15.32.120 - Chapter 1, Division II, Section 108.5 amended- Related fees Chapter 1, Division II Scope and Administration, Part 2 Administration and Enforcement, Section 108.5, shall be changed to read as follows:
108.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition of work done in connection to or concurrently with the work or activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees or penalties that are prescribed by law or adopted in the jurisdiction’s fee schedule. 91 ORDINANCE NO. 2025-007

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15.32.130 - Chapter 1, Division II Scope and Administration, Part 2 Administration and Enforcement, Section 108.7 added-False or nuisance alarms.

Chapter 1, Division II Scope and Administration, Part 2 Administration and Enforcement, Section 108.7 shall be added to read as follows:
107.7 8.7 False alarms or nuisance alarms. The fire code official is authorized to assess a service charge, as set forth by resolution, against the person owning or responsible for an alarm system when a fire department response occurs as a result of the third false alarm or nuisance alarm at the same address or location within any twelve month period, and for each subsequent false alarm or nuisance alarm thereafter, or against any person who intentionally, or in violation of the law reports, or causes to be reported, a false alarm or nuisance alarm to any department of the District.

15.32.140 - Chapter 1, Division II, Section 112.1 amended— General.

Chapter 1, Division II, Section 112.1 of the California Fire Code is amended to read as follows:
112.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be selected by the Fire Chief. Those selected shall hold office as its pleasure. The fire code official shall be an ex officio member of said board but shall not have a vote on any matter before the board. The board shall adhere to the rules of procedure for conducting business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.

15.32.150 - Reserved.

15.32.160 - Chapter 1, Division II, Section 112.5 added—Appeals procedure.

Chapter 1, Division II, Section 112.5 is added to the California Fire Code and shall read as follows:
112.5 Appeals procedure. The applicant may file an appeal with the Fire District's Clerk of the Board within thirty days of a final order, decision or determination made by the fire code official relative to the application and interpretation of this code. Upon receipt of an appeal, the Clerk of the Board shall fix the time and place of the hearing, which shall be at a Dist rict meeting facility not more than sixty days after the date of the appeal. The Clerk of the Board shall give written notice of the time and place of the hearing to the initiating party, the Fire Chief, the fire code official and the Appeals Board. The Ap peals Board shall keep a record of the proceedings of each hearing. The Appeals Board shall issue written findings and a decision within fifteen days of the conclusion of the hearing which shall be mailed to the parties' first class mail, postage prepaid, at such address as they have provided.

15.32.170 - Chapter 1, Division II, Section 112.6 added—Fees.

Chapter 1, Division II, Section 112.6 is added to the California Fire Code and shall read as follows:
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112.6 Fees. The fire code official and staff sh all act as staff to the Appeals Board and for that purpose may determine and set fees to charge the appellant to cover the cost of preparation of the record for appeal.

15.32.180 - Chapter 1, Division II, Section 113.4 amended—Violation penalties.

Chapter 1, Division II, Section 113.4 of the California Fire Code is amended to read as follows:
113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall fail to o btain approval by the fire code official for the commencement of construction, alteration, or repair or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment not exceeding six months, or both such fine and imprisonment. The fire code official wi th the concurrence of the chief and the District Attorney, is authorized to use administrative citations and fines as allowed by an ordinance of the District in place of the violation penalties contained in this section. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

In addition to, or in place of, the foregoing penalties, administrative penalties pursuant to the District's Administrative Citation Ordinance may be imposed in connection with any viol ation of this code or any District Ordinance. Any person violating or who has violated any section of this code or District Ordinance may be issued an administrative citation in accordance with the Administrative Citation Ordinance.

15.32.190 - Chapter 1, Division II, Section 114.4 amended—Failure to comply.

Chapter 1, Division II, Section 114.4 of the California Fire Code is amended to read as follows:
114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to violation penalties as specified in Section 110.4. Each day that the work continues in violation of a stop work order shall be deemed a separate offense.

15.32.200 - Section 304.1 amended—Waste accumulation prohibited.

Section 304.1 of the California Fire Code is amended to read as follows:
304.1 Waste accumulation prohibited. Combustible waste material, as outlined in Sec tion 304.1.1 and 304.1.2, creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises. In the event that abatement is not performed as required by a Notice of Violation or Notice to Destroy Weeds, the Fire District may seek approval from its governing body to abate said fire hazard and place a lien upon the property in which such conditions exist.

15.32.210 - Section 304.1.3 amended—Vegetation.

Section 304.1.3 of the California Fire Code is amended to read as follows:
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304.1.3 Vegetation. Cut and uncut weeds, grass, tumbleweeds, vines, trees, or other vegetation that is capable of being ignited and endangering property, shall be removed by the owner or occupant of the premises. Parcels five acres or less in size shall be completely cleared of all combustible vegetation deemed hazardous by the fire official. Parcels greater than five acres shall provide a minimum one hundred feet of clearance around the perimeter of the parcel and additional clearance as required by the fire code official.

Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants used as ground cover, provided that they do not form a means of readily transmitting fire.

5.32.220 - Sections 304.1.3.1 through 304.1.3.2.3.4 added.

Sections 304.1.3.1 through 304.1.3.2.3.4 are added to the California Fire Code and shall read as follows:
304.1.3.1 Clearance of brush or vegetative growth from roadways. Fire apparatus access roads shall be provided with a minimum of twenty feet clearance and driveways shall be provided with a minimum of ten feet of clearance.
304.1.3.2 Clearance of brush and vegetative growth from electrical transmission and distribution lines.
304.1.3.2.1 General. Clearance of brush and vegetative growth from electrical transmission and distribution lines shall be in accordance with Section 304.1.3.2.

Exception: Section 304.1.3.2 does not authorize persons not having legal right of entry to en ter on or damage the property of others without consent of the owner. 301.1.3.2.2 Support clearance. Persons owning, controlling, operating or maintaining electrical transmission or distribution lines shall provide a combustible free space consisting of a clearing of not less than ten feet (3048 mm) in each direction from the outer circumference of such pole or tower and directly under and adjacent to electrical transmission or distribution lines.

Exception: Lines used exclusively as telephone, telegraph , messenger call, alarm transmission or other lines classed as communications circuits by a public utility. 304.1.3.2.3 Electrical distribution and transmission line clearances. 304.1.3.2.3.1 General. Clearances between vegetation and electrical lines shall be in accordance with this Section.
304.1.3.2.3.2Trimming clearance. Clearances not less than those established by Table 304.1.3.2.3.2 shall be provided. The radial clearances shown below are minimum clearances that shall be established, at time of trimming, between the vegetation and the energized conductors and associated live parts.
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TABLE 304.1.3.2.3.2

MINIMUM CLEARANCE BETWEEN VEGETATION

AND ELECTRICAL LINES AT THE TRIMMING
Line Voltage
Minimum Radial
Clearance From
Conductor (feet)
2,400—72,000 4
72,001—110,000 6
110,001—300,000 10
300,001 or more 15
For SI: 1 foot = 304.8 mm.

Exception: The fire code official is authorized to establish minimum clearances different than those specified by Table 304.1.3.2.3.2 when evidence substantiati ng such other clearances is submitted to and approved by the fire code official.
304.1.3.2.3.3 Minimum clearance to be maintained. Clearances not less than those established by Table 304.1.3.2.3.3 shall be maintained during such periods of time as designated by the fire code official. The site -specific clearance achieved, at time of pruning, shall vary based on species growth rates, the utility company-specific trim cycle, the potential line sway due to wind, line sag due to electrical loading and ambient temperature and the tree's location in proximity to high voltage lines.

Exception: The fire code official is authorized to establish minimum clearances different than those specified by Table 304.1.2.2.3.3 when evidence substantiating such other clearanc es is submitted to and approved by the fire code official.

TABLE 304.1.3.2.3.3

MINIMUM CLEARNACES BETWEEN VEGETATION

AND ELECTRICAL LINES TO BE MAINTAINED

LINE VOLTAGE MINIMUM
CLEARANCE (inches)
750—35,000 6
35,001—60,000 12
60,001—115,000 19
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115,001—230,000 30.5
230,001—500,000 115
For SI: 1 inch = 25.4 mm.
304.1.3.2.3.4 Electrical power line emergencies. During emergencies, the utility shall perform the required work to the extent necessary to clear the hazard. An emergency can include situations such as trees falling into power lines, or trees in violation of Table 304.1.3.2.3.3.

15.32.230 - Section 305.6 added—Spark arrestor.

Section 305.6 is added to the California Fire Code and shall read as follows:
305.6 Spark arrestor. All chimneys a ttached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrestor. The spark arrestor shall meet all of the following requirements:

1. Openings shall not permit the passage of spheres having a diameter larger than one-half inch and shall not block the passage of spheres having a diameter of less than three - eighths inch.

2. The spark arrestor shall be a visible from the ground and the screen or chimney cap shall be accessible and removable to allow for cleaning of the chimney flue.

3. The net free area of the spark arrester shall not be less than four times the net area of the outlet of the chimney.

4. The spark arrestor screen shall have heat or corrosion resistance equivalent to twelve gauge steel wire, nineteen gauge galvanized wire or twenty-four gauge stainless steel.

15.32.231- Sections 307.1, 307.1.1, and 307.3 amended.

Chapter 3 General Requirements, Section 307.1, 307.1.1, and 307.3 shall be changed to read as follows:
307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning or recreational fires unless conducted and approved in accordance with Sections 307.1.1 through 307.5.
307.1.1 Prohibited open burning. Opening burning and recreational fires shal l be prohibited when atmospheric conditions or local circumstances make such fire hazardous. This shall include when a red -flag warning or a fire weather watch condition has been issued by the National Weather Service.
307.3 Extinguishment authority. Where open burning, recreational fires, or the use of a portable outdoor fireplace creates or adds to a hazardous situation, or a required permit for open burning has not been obtained, the fire code official is authorized to order the extinguishment of said operation or use.
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15.32.232- Section 311.5 amended.

Chapter 3 General Requirements, Section 311.5 shall be changed to read as follows:
311.5 Placards. Any vacant or abandoned buildings or structures determined to be unsafe pursuant to Section 111 relating to structural or interior hazards shall be marked with a placard bearing the word “UNSAFE” and a statement of the penalties for noncompliance regarding the matters pertaining to the conditions of the sign and or removal of said sign.

15.32.240 - Sections 313.1.2 and 313.1.2.1 added.

Sections 313.1.2 and 313.1.2.1 are added to the California Fire Code and shall read as follows:
313.1.2 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated, in, u pon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrestor as defined in Section 313.1.2.1 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exception:

1. Engines used to provide motor power trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section of the exhaust system is equipped with a muffler as defined in the California Vehicle Code.

2. Turbocharged engines are not subject to this section of all exhausted gases pass through the rotating turbine wheel, there is not exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.
313.1.2.1 Spark arrestors.

1. A spark arrester is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch (0.58 mm) in size from the exha ust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service.

2. Spark arrestors affixed to the exhaust system of engines or vehicles subject to Section 313 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

15.32.250 - Section 503.1.2.1 added—Remoteness.

Section 503.1.2.1 is added to the California Fire Code and shall read as follows:
503.1.2.1 Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line betw een accesses.
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15.32.260 - Section 503.1.2.2 added—Aerial access.

Section 503.1.2.2 is added to the California Fire Code and shall read as follows:
503.1.2.2 Aerial access. Buildings exceeding three stories in height or thirty feet in height shall be provided with aerial fire apparatus access. One or more of the required access routes shall be located not less than fifteen feet (4572 mm) and not greater than thirty feet (9144 mm) from the building. The side of the building on which the aerial access fire apparatus road is positioned shall be approved by the fire code official.

15.32.270 - Section 503.2.1 amended—Dimensions.

Section 304.1.2 of the California Fire Code is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shal l have an unobstructed width of not less than twenty-six feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than thirteen feet, six inches (4115 mm).

15.32.280 - Section 503.2.3 amended—Surface.

Section 503.2.3 of the California Fire Code is amended to read as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads ( 78,000 lbs.) of fire apparatus and shall be surfaced by either asphalt or concrete, except when alternate surfaces are approved by the jurisdiction.

15.32.281- Section 504.5 added- Fire service features.

Section 504.5 shall be added to read as follows:
504.5 Door signage. When requi red by the fire code official, interior and exterior doors shall be provided with permanent signs to facilitate fire department emergency access. Signage shall be approved by the fire code official.

15.32.290 - Section 505.1 amended—Address identification.

Section 505.1 of the California Fire Code is amended to read as follows:
505.1 Address Identification. New and existing buildings shall have approved address identification. The address identification shall be legible and placed in a position that is v isible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be a minimum of four inches (102 mm) high with a minimum stroke width of one -half inch (12.7 mm) for one - and two-family residential dwellings, and shall be illuminated during hours of darkness. Each character shall be a minimum of eight inches (204 mm) high with a minimum stroke width of one inch (25.5 mm) for buildings other than one- and two-family residential dwellings. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building and/or address 98 ORDINANCE NO. 2025-007

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identification cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

15.32.291 – Section 901.6 amended- Inspection, testing, and maintenance.

Section 901.6 shall be amended to read as follows:
901.6 Inspection, testing and maintenance. Fire protection and life safety systems shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Nonrequired fire protection and life safety systems and equipment shall be inspected, test and maintained or removed in accordance with Section 901.8. The fire code official is authorized to require periodic inspection, testing and certification of all such systems, equipment and appurtenances. Personnel shall be qualified to perform the inspection, testing, and certification in accordance with Table 901.6.1. In addition to provisions of the a pplicable test standards, the required certification shall be provided to the Fire District as required by Section 110.3 of the fire code.

Table 901.6.1 shall be amended to read as follows:

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Table 901.6.1 Footnotes:
a. Other concerns or individuals ma y be qualified to test and certify subject to approval of the fire code official.
b. The testing frequencies listed herein are intended as a convenient summary based on the applicable standards. The applicable standards shall always govern if there is any conflict. It is important to note that many standards mandate inspections on more frequent bases than shown herein. It is not the intent to supersede, modify, or reduce the requirements found in the applicable standards.
c. Reports of tests and certifica tions need not be submitted to the Fire District more frequently than annually, unless specifically requested by the fire code official.

1. State Licensed Fire Protection Contractor (C-16)

2. State Licensed Electrical Contractor (C-10)

3. State Licensed HVAC Contractor (C-20)

4. May be performed by Owner

5. Licensed by the State Fire Marshal

6. 25 or less units, qualified owner may perform test

7. State Licensed General Contractor (A or B); see also footnote (a)

8. State Licensed Electrical Contract or (C-10) and, for systems installed after 1989, holding the U.L. Certificate (or approved equal) for the building fire alarm system

9. State Licensed Plumbing Contractor (C-36)

10.FCC-issued General Radio Operators License (GROL) and certification by an approved school, organization, or the equipment manufacturer

15.32.300 - Section 903.2 amended—Where required.

Section 903.2 of the California Fire Code is amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new bui ldings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12.

In addition to the requirements of Section 903.2.1 through 903.2.12, automatic fire sprinklers are required for the construction of any new building(s) 5,000 square feet or more, regardless of the use of fire walls and occupancy type, except for Group U occupancies not required by Section 903.2.18.
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In all existing buildings or structures, except one and two -family dwellings, not equipped with an automatic fire sprinkler system, when additions cause the structure to exceed five thousand square feet, the following provisions shall apply:

A. When such addition exceeds five thousand square feet, but is less than fifty percent of the original building square footage, the addition shall be equipped with an automatic fire sprinkler system.

B. When such addition is fifty percent or greater than the original building square footage, the entire structure shall be equipped with an automatic fire sprinkler system.

15.32.310 - Reserved

15.32.320 - Reserved

15.32.330 - Reserved

15.32.340 - Section 5601.1.3 amended—Fireworks.

Section 5601.1.3 of the California Fire Code is amended to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sa le, handling and use of fireworks is prohibited. If found to be in violation of this requirement, penalties as outlined in Chapter 1, Section 113.4 shall be assessed.

Exceptions:

1. Storage and handling of fireworks as allowed in Section 5604.

2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.

3. The use of fireworks for fireworks displays pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, televis ion, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.

4. The possession, storage, sale, handling and use of specific types of Division 1 .4G fireworks where allowed by applicable laws, ordinances and regulations, provided that such fireworks and facilities comply with NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100 -185, as applicable for consumer fireworks and Health and Safety Code Division 11.

15.32.341 – Section 5601.2.1 amended- Residential uses.

Section 5601.2.1 shall be amended to read as follows:
5601.2.1 Residential uses. Persons shall not keep or store, nor shall any permit be issued to keep or store, any explo sives at any place of habitation, or within 100 feet thereof. Fireworks shall not be used or possessed in wildland -urban interface areas or areas designated as a fire hazard severity zone. If found to be in violation of this requirement, penalties as outli ned in Chapter 1, Section 113.4, shall be assessed.
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15.32.350 - Section 5601.7 amended—Seizure of fireworks.

Section 5601.7 is amended in the California Fire Code and shall read as follows:
5601.7 Seizure. The fire code official is authorized to r emove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter or of any local ordinances or regulations.

15.32.360 - Appendix D, Section D101.1 amended—Scope.

Appendix D, Section D101.1 of the California Fire Code is amended to read as follows:

D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix, Section 503, and all other applicable requirements.

15.32.370 - Appendix D, Section D102.1 amended—Access and loading.

Appendix D, Section D102.1 of the California Fire Code is amended to read as follows:

D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt or concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.

15.32.380 - Appendix P, Section P103.7 amended—Access and loading.

Appendix P, Section P103.7 of the California Fire Code is amended to read as follows:

P103.7 Fire Protection. Haunted houses and ghost walks shall be pro vided with fire protection systems, as required by the fire code official.

15.32.390 - Geographical limits.

The geographical limits referred to in certain sections of the 2025 California Fire Code are hereby established as follows:

A. Establishment of geographical limits of districts in which storage of Class I and Class II liquids in above-ground tanks outside of buildings is to be prohibited.

The limits referred to in Section 5704.2.9.6.1 of the 2025 California Fire Code in which st orage is prohibited are established as commercial and residential areas, except where the fire code official has issued written approval of such storage.

B. Establishment of geographical limits of districts in which storage of Class I and Class II liquids in above-ground tanks is to be prohibited.

The limits referred to in Section 5706.2.4.4 of the 2025 California Fire Code in which storage is prohibited are established as commercial and residential area, except where the fire code official has issued written approval of such storage.
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C. Establishment of geographical limits of districts in which the storage of flammable cryogenic fluids in stationary containers is to be prohibited.

The limits referred to in Section 5806.2 of the 2025 California Fire Code in which storage is prohibited ar e established as commercial and residential areas, except where the fire code official has issued written approval of such storage.

D. Establishment of geographical limits of districts in which storage of liquefied petroleum gas is to be restricted.

The limits referred to in Section 6104.2 of the 2025 California Fire Code in which storage is restricted are established as:

Heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of two thousand gallons (7570 L).

All areas, when in the opinion of the fire code official the location of storage would create a hazard to occupants or property owners, the aggregate capacity of any one installation shall not exceed a water capacity of two thousand gallons.

Chapter 15.34 - CALIFORNIA EXISTING BUILDING CODE
Sections:

15.34.010 - Adoption of California Existing Building Code.

There is adopted by reference the 2025 California Existing Buildin g Code, with errata, incorporating the 2024 International Existing Building Code. That certain document, three copies of which are on file with the city of Chino, being marked and designated as California Existing Building Code, 2025 Edition as copyrighted 2025 by the International Code Council, is adopted as the California Existing Building Code of the city of Chino, to promote public safety and welfare by reducing the risk of death or injury that may result from effects of earthquakes on existing unrein forced masonry bearing wall buildings in the city of Chino and prescribing standards of inspection thereof; and each and all such regulations are referred to, adopted and made a part hereof as though fully set out in this chapter.

Chapter 15.36 - POSTING OF UNREINFORCED MASONRY BUILDINGS Sections:

15.36.010 - Purpose.

15.36.020 - Scope.

15.36.030 - Definitions amended.

15.36.040 - General requirements.

15.36.050 - Validity.

15.36.010 - Purpose.

The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on buildings of unreinforced masonry bearing wall construction.
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15.36.020 - Scope.

The requirements of this chapter shall apply to all buildings as required by other provisions of this code including all unreinforced masonry bearing wall structures constructed prior to the adoption of earthquake design requirements by this jurisdiction. (Exception: This chapter shall not apply to a detached Group R, Division 1 occupancy containing less than five dwellings used solely for residential purposes.)

15.36.030 - Definitions amended.

For the purpose of this chapter, certain terms, phrases, words, and their derivations shall have the meaning herein.

A. The word "shall" is mandatory and the word "may" is permissive. Words not defined shall be given their common and ordinary meanings.

B. "Unreinforced masonry bearing walls" are masonry walls having all of the following characteristics:

1. Provide the vertical support for a floor or roof;

2. Have a total superimposed load over one hundred pounds per lineal foot;

3. Have an area of reinforcing steel less than fifty percent of that required by the California Building Code.

15.36.040 - General requirements.

A. It shall be the responsibility of the owner of an identified unreinforced masonry building to post in a conspicuous place visible before or upon entry into the structure with the following wording:
"NOTICE
This building has been identified by City of Chino as having potentially hazardous unreinforced masonry bearing walls subject to Chapter 122 of Division 1 of Title 2 of the California Government Code.

In the event of an earthquake, this building could be subject to structural damage that could cause death or injury to its occupants and/or persons near the building exterior." B. The posting notice shall be of durable metal and shall be a minimum of eight and one -half inches by fourteen inches. Lettering shall be no smaller in size than one -quarter inch and shall have a contrasting color as a background. Posting notice shall be pr inted in both English and Spanish.

C. Posting shall be completed within thirty days from adoption of the ordinance codified in this chapter or as determined by the building official.
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15.36.050 - Validity.

The city council declares that should any sec tion, paragraph, sentence, or word of this chapter or of the code hereby adopted for any reason be invalid, it is the intent of the city council that it would have passed all other portions of this chapter independent of the elimination hereof any such portion as may be declared invalid.

Chapter 15.40 - NEW HOME CONSTRUCTION
Sections:

15.40.010 - Definitions.

15.40.020 - Notice to buyers.

15.40.030 - Features and amenities.

15.40.040 - Developer's security deposit.

15.40.050 - City's inspection.

15.40.060 - Buyer's inspection.

15.40.070 - Occupancy permits.

15.40.080 - City's remedies.

15.40.090 - Attorney's fees and costs.

15.40.010 - Definitions.

For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is manda tory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

A. "Building official" refers to the building official of development services or his/her designee.

As such, the building official shall have authority to a dopt rules and regulations to clarify and interpret the provisions of this chapter. He may also approve the variations when such variations are not detrimental to the life, health, safety or welfare of the public and are necessary because of particular or peculiar circumstances, and do not violate the intent or purpose of this chapter.

B. "Developer" means any natural person, corporation, partnership, association or other entity seeking to construct new residential dwellings for sale or reconstructing existing residential dwellings for sale.

C. "Residential dwelling" means a building or portion thereof designed and constructed exclusively for residential occupancy, including one -family, two -family or multiple dwellings, excepting motels, hotels and rental dwelling units not for resale.

15.40.020 - Notice to buyers.

A. A developer of any residential dwelling shall provide the following information to every potential buyer:

1. The list of features and amenities;

2. The brand names of each of the major components contained in the features and amenities list which were installed in the residential dwelling sought to be sold to the potential buyer; 105
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3. The manufacturer's warranties for each component contained in the features and amenities list;

4. Any and all representations regarding the quality of construction of the residential d welling including the warranty that the dwelling is constructed in a good, workmanlike manner;

5. Any and all discrepancies between the residential dwelling unit sought to be sold to the potential buyer and the developer's model dwelling displayed by the developer;

6. The buyer's right to inspect and approve the functionality of each major component contained in the features and amenities list and the quality of construction of the residential dwelling and to require the developer to remedy any substant ial defects therein pursuant to Section 15.40.060 of this chapter;

7. The distance between the residential dwelling unit sought to be sold from any property which is being used or zoned for an agricultural use and a disclaimer regarding the length of time that the agricultural use or zone shall continue. The disclaimer shall read as follows:
"NOTICE REGARDING AGRICULTURAL USES
Please be advised that many properties within the city of Chino are presently being used for agricultural purposes or are zoned for agricultural purposes. The distance between this residential dwelling and the nearest property currently being used for agricultural purposes is ____________. The distance between this residential dwelling and the nearest property zoned for agricultural purposes is ____________.

In addition, you are hereby advised that the seller of this residential unit cannot represent the period of time that nearby properties used or zoned for agricultural purposes will continue to be so used or zoned. Because the n earby properties used or zoned for agricultural purposes involve complex and legal factual questions, no representation can be made, nor should be made, regarding the length of time that these nearby properties will continue to be used or zoned for agricultural purposes."

8. The current zoning of all surrounding properties within six hundred sixty feet of the residential dwelling offered for sale by the developer; provided, that such notice has been approved by the Director of Development Services;

9. The name, address and phone number of the developer's representative authorized to effectuate and coordinate compliance with the provisions of this chapter; and

10. The schedule and procedure by which the developer intends to comply with the provisions of this chapter.

B. Concurrent with the execution of any documents for the sale and purchase of a residential dwelling, the developer shall again provide the information contained in subsection A of this section and obtain the buyer's acknowledgment of re ceipt thereof. Furthermore, the developer, as a condition for the issuance of occupancy, shall make available upon request, the buyer's acknowledgment of receipt of said information to the building official. 106
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15.40.030 - Features and amenities.

Prior to the issuance of building permits for any residential dwelling, the developer shall create and maintain a list of features and amenities. The list of features and amenities shall contain the following information:

A. Each major component to be installed in each residential dwelling including, but not limited to, refrigerators, stoves, microwave ovens, dishwashers, garbage disposals, trash compactors, heating and air conditioning units, solar units, vacuum units, swimm ing pools, spas, patios, landscaping and alarm systems;
B. Any and all representations to be made to the buyers of the residential dwellings pertaining to the features and amenities to be installed, the quality of construction of the residential dwellings including the normal warranty that the residential unit will be constructed in a good workmanlike manner, and any other representation regarding the developer's efforts to comply with the provisions of this chapter;
C. The name, address and phone numbe r of the developer's representative authorized to effectuate and coordinate compliance with the provisions of this chapter; and D. The schedule and procedure by which the developer intends to comply with the provisions of this chapter.

15.40.040 - New home security fee.

A. Prior to the issuance of building permits, the developer shall pay a fee for the inspection of each residential dwelling to ensure compliance with the city's building ordinances, the functionality of the dwelling's major components as contained in the developer's warranties, conditions of approval as may be imposed by the approving authority in accordance with the provisions of Title 20 (Zoning) of this code, environmental mitigation measures imposed in accordance with the Californi a Environmental Quality Act (Public Resources Code Sections 21000 through 21177) and the provisions of Chapter 9.40 (Noise) of this code.

B. The fee to be paid by the developer shall be in an amount and in the form specified by the building official, who may require cash, bonds, letters of credit or any combination thereof.

15.40.050 - City's inspection.

A. At the request of the new homeo wner, within ninety days after the close of escrow, the building official shall inspect, or cause to be inspected, each residential dwelling to ensure the developer's compliance with the requirements of this chapter. For this purpose, the building official may contract with independent inspectors to conduct the inspections required by this chapter and is authorized to execute said contracts subject to the approval of the city attorney.

The costs of the services of any such inspector shall be paid by the developer.

B. The building official shall require the developer to make any and all corrections reasonably necessary to bring each residential dwelling into compliance with the requirements of this chapter. The building official's corrections shall be based upon the inspector's findings and recommendations.
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15.40.060 - Buyer's inspection.

A. Prior to the close of escrow for the sale of each residential unit, the developer shall afford the buyer the opportunity to inspect and approve the operational aspec ts of each major component contained within the features and amenities list and the quality of construction of the residential dwelling.

Thereafter, the developer and each buyer shall prepare a joint statement containing all corrections agreed to be made and all disputes for which no agreement has been reached. The joint statement shall also contain a time period by which all agreed corrections are to be made by the developer provided that the period shall not exceed ninety days from the date of the joint statement. Furthermore, the developer shall file the joint statement and make available upon request to the building official as a condition for the issuance of an occupancy for each residential dwelling.

B. Following occupancy, each buyer shall have ninety days from the close of escrow in which to register complaints with the developer regarding substantial defects or deviations of the requirements set forth in this chapter. Thereafter, the developer and buyer shall meet and confer in good faith regarding the resolution of the buyer's complaints or objections.

15.40.070 - Occupancy permits.

The building official may refuse to issue occupancy permits for any residential dwelling unless and until the developer has complied with the requirements of this chapter including any and all corrections reasonably required by the building official.

15.40.080 - City's remedies.

A. In the event the developer fails to make the required corrections, the building official may, after fifteen days written notice to the developer to make such corrections, utilize the developer's security and cause the corrections to be performed.

B. In the event a developer fails to comply with the requirements of this chapter, the building official may also refuse to issue any addi tional building permits or occupancy permits to said developer. Prior to doing so, the building official shall notify the developer in writing that occupancy permits or building permits are being withheld pending compliance with this chapter, the reasons t herefor, and notice the decision may be appealed pursuant to Chapter 15.70; provided, that a written notice of appeal and reasons therefor is filed with the city clerk within fifteen days of the decision of the building official.

C. In refusing to issue any additional building permit or occupancy permit to a developer, the building official may also issue such permits in phases so as to require the developer to comply with the provisions of this chapter on certain designated resident ial dwellings before receiving such permits on other residential dwellings.

15.40.090 - Attorney's fees and costs.

In the event that the buyer of a residential dwelling unit institutes legal action against the developer to compel compliance with this c hapter and prevails, the buyer shall be entitled to reasonable attorney's fees and costs.
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Chapter 15.42 - GREEN BUILDING STANDARDS CODE
Sections:

15.42.010 - Adopted.

There is adopted by reference the 2025 California Green Building Standards Code, with errata.

That certain document, three copies of which are on file with the city of Chino, being marked and designated as the California Green Building Standards Code, 2025 Edition as copyrighted 2025 by the California Building Standard s Commission, is adopted as the California Green Building Standards Code of the city of Chino.

Chapter 15.43 - CALIFORNIA ENERGY CODE
Sections:

15.43.010 - Adopted.

There is adopted by reference the 2025 California Energy Code For Residential and Nonresidential Buildings as published by the California Energy Commission. That certain document, three copies of which are on file with the city of Chino, being marked and designated as the California Energy Code, 2025 Edition, is adopted as the California Energy Code of the city of Chino.

Chapter 15.44 - ON-SITE CONSTRUCTION DEVELOPMENT
Sections:

15.44.010 - Plan checking and inspection—Required.

15.44.020 - Plan checking and inspection—Fee.

15.44.030 - Construction hours.

15.44.010 - Plan checking and inspection—Required.

To ensure compliance with state or local laws, each person constructing or causing to be constructed any building, dwelling, private, public, or semipublic development for commercial or industrial or related purpos es, which proposes to utilize on -site drainage, shall prepare engineering drawings in accordance with the requirements, standards and specifications of the city, which shall be approved and inspected by the city engineer.

15.44.020 - Plan checking and inspection—Fee.

A fee shall be charged for all plans, reviewed and approved by the city engineer, and for inspection of the construction for such on -site drainage facilities construction development. The fee shall be in the amount prescribed in the Comprehensive Fee Schedule of the city, codified in Appendix I of this code, to offset the city's costs for all personnel, time, equipment, facilities and administration performed pursuant to this section.
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15.44.030 - Construction hours.

A. Construction shall occur only between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday, with no construction allowed on Sundays and federal or state holidays. For the purposes of this section, construction shall mean any manmade change to impr oved or unimproved real estate, including but not limited to buildings or other structures, streets and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations, or pile driving.

B. The director of development services may approve exceptions to the hours of construction noted in Subsection A of this section, provided that the change in hours does not adversely impact the adjacent neighborhood.

Chapter 15.45 - CLIMATE ACTION PLAN IMPLEMENTATION
Sections:

15.45.010 - Purpose

15.45.020 - Mandatory and Voluntary Measures

15.45.030 - Residential Development

15.45.040 - Non-Residential Development

15.45.050 - Model Homes

15.45.060 - Energy Efficiency for Existing Buildings

15.45.070 - GHG Performance Standard for New Development

15.45.010 - Purpose.

The city's climate action plan (CAP) incorporates a variety of reduction approaches and strategies, including mandatory measures, incentive -based measures, public outreach and education, and coordination with county, regional, and state strategies in order to accomplish emission reductions in an efficient and cost -effective manner. The purpose of this chapter is to establish CAP implementation requirements for existing buildings and new development that will contribute to the reduction of greenhouse gas (GHG) emissions.

15.45.020 - Mandatory and Voluntary Measures.

The 2025 California Green Building Standards Code, Title 24, Part 11 ("CALGreen") contains both mandatory and voluntary green building measures. Mandatory and voluntary measures are identified in the appropriate application checklists contained in CALGreen. All new residential development shall comply with the mandatory measures of CALGreen Chapter 4, and are encouraged to implement voluntary measures to further red uce greenhouse gas (GHG) emissions related to development. In addition to mandatory measures of CALGreen, all new residential development shall comply with the measures identified in Section 15.45.030 of this code. All new non -residential development shall comply with the mandatory measures of CALGreen Chapter 5, and are encouraged to implement voluntary measures to further reduce GHG emissions related to development. In addition to the mandatory measures of CALGreen, all new non -residential development sha ll comply with the measures identified in Section

15.45.040 of this code.
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15.45.030 - Residential Development.

The following measures are hereby adopted as mandatory measures, applicable to all new residential development:

A. Electric Vehicle (EV) Ch arging. Dwellings shall comply with the following requirements for future installation of electric vehicle supply equipment (EVSE).

1. One-and Two -family Dwellings. Install a listed raceway to accommodate a dedicated branch circuit. The raceway shall not be less than trade size 1. The raceway shall be securely fastened at the main service or subpanel and shall terminate in close proximity to the proposed location of the charging system into a listed cabinet, box, or enclosure. Raceways are required to be continuous at enclosed or concealed areas and spaces. A raceway may terminate in an attic or other approved location when it can be demonstrated that the area is accessible and no removal of materials is necessary to complete the final installation. i. Exception: Other pre -installation methods that provide sufficient conductor sizing and service capacity to install Level 2 EVSE.
ii. Labeling Requirement. A label stating "EV CAPABLE" shall be posted in a conspicuous place at the service panel or subpanel and next to the raceway termination point.

2. Appliance Rating. Each appliance provided by the builder must be a qualified ENERGY STAR appliance if an ENERGY STAR designation is applicable for that appliance.

3. Enhanced Construction Waste Reduction . Divert to recycle or salvage at least seventy percent of nonhazardous construction and demolition debris generated at the site.

15.45.040 - Non-Residential Development.

The following measures are hereby adopted as mandatory measures, applicable to all new non- residential development:

1. Appliance Rating. All equipment and appliances provided by the builder shall be ENERGY STAR labeled if ENERGY STAR is applicable to that equipment or appliance.

2. Enhanced Construction Waste Reduction. Divert to recycle or salvage at least seventy percent of nonhazardous construction and demolition debris generated at the site.

15.45.050 - Model Homes.

At least one model home/unit for each residential development shall offer and display energy - saving options and signage identifying standard and opti onal features that contribute to the overall efficiency of the home. Handout materials shall be made available in the model home describing the optional features, including costs, benefits, energy savings, etc.

15.45.060 - Energy Efficiency for Existing Buildings.

Energy efficiency upgrades are required when a building permit is issued for any addition or alteration to non -residential buildings, or when a building permit is issued for any addition or alteration with a project valuation of sixty-five thousand dollars or more to a residential building. 111
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In all cases of additions or alterations that trigger the requirement, compliance is required as follows:

1. Applicants will dedicate an additional amount of ten percent of project valuation toward energy upgrades, up to a maximum of twenty thousand dollars beyond the original permit valuation for the addition or alteration.

2. Energy upgrades that can be coun ted toward meeting this requirement include those that are part of the original addition or alteration that exceed local and state requirements, and those that are beyond the original scope of the project that meet or exceed local and state requirements.

3. The building official will have the flexibility to determine substantial compliance with this section in cases where practical difficulties make it infeasible to meet the requirements. A project proponent would need to demonstrate in writing that the requ irements are financially infeasible, that they are infeasible within the project timeframe, that the products needed are not available, or that other practical difficulties exist.

15.45.070 - GHG Performance Standard for New Development.

All new development in the city shall contribute to the reduction of greenhouse gas emissions by demonstrating consistency with the climate action plan by implementing one or a combination of the following three options:

1. Exceed by three percent the mandatory California Energy Code Title 24, Part 6 standards, in effect at the time of development application submittal for discretionary review; or

2. Achieve an equivalent reduction through voluntary measures in the Califor nia Green Building Standards Code, Title 24, Part 11 (CALGreen) in effect at the time of development application submittal for discretionary review; or

3. Provide other equivalent GHG reductions through measures including, but not limited to, non-vehicle transportation infrastructure, transit, ZEV (zero emission vehicle) infrastructure or other incentives, waste diversion, water conservation, tree planting, renewable energy option packages, or any combination of these or other measures such that GHG emiss ions are reduced by 0.04 MT CO2e per residential dwelling unit per year and/or 0.11 MT CO2e per thousand square feet of commercial/industrial development per year.

Applicants that choose Option 1 described above will be required to verify that their proje ct meets the three percent improvement above the mandatory standards through the appropriate certificate of compliance form for residential construction (CF -1R) or for commercial/industrial construction (PERF-1C). Applicants that choose Options 2 or 3 described above will be required to utilize the GHG Performance Standard Checklist developed by the city, or provide other valid documentation, such as CalEEMod or other methodologies, as verified by the director of community development to demonstrate the req uired GHG reductions consistent with the city's CAP.

Chapter 15.46 - ROOFTOP SOLAR ENERGY SYSTEMS
Sections:

15.46.010 - Small Residential Rooftop Solar Energy System Review Process 112
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15.46.010 - Small Residential Rooftop Solar Energy System Review Process.

A. The following words and phrases as used in this section are defined as follows:

Electronic submittal means the utilization of one or more of the following:

1. E-mail;

2. Online permit software available through the City of Chino website.

3. Facsimile.

4. SolarApp+, per SB 379
Small residential rooftop solar energy system means all of the following:

1. A solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating or thirty kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, r enumbered, or re-designated from time to time.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined in this Code or applicable provisions of state law.

Solar energy system has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.

B. Prior to submitting an application, the applicant shall:

1. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, se ismic, and dead and live loads associated with the system to the building foundation; and

2. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system in cluding existing line, load, ground, and bonding wiring, as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads.

C. An applicant may submit the p ermit application and associated documentation to the city's building division by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of t he applicant on all forms, applications, and other documentation may be used in lieu of a wet signature.
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D. For a small residential rooftop solar energy system eligible for expedited review, only one inspection from the building division shall be required , which shall be done in a timely manner. A separate fire inspection is required to be performed by the Chino Valley Independent Fire District. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; howe ver, the subsequent inspection need not conform to the requirements of this subsection.

E. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an in complete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

F. Upon confirmation by the building of ficial of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits and authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

Chapter 15.48 - SECURITY AND SAFETY STANDARDS FOR CONSTRUCTION Sections:

15.48.010 - Purpose.

15.48.020 - Application.

15.48.030 - Definitions.

15.48.040 - Compliance—Required.

15.48.050 - Compliance—Time—Procedure.

15.48.060 - Security standards—Generally.

15.48.070 - Security standards—Residential units.

15.48.080 - Security standards—Commercial/industrial building.

15.48.090 - Exceptions—Criteria for approval.

15.48.100 - Testing.

15.48.110 - Reserved.

15.48.120 - Enforcement.

15.48.130 - Violation—Penalty.

15.48.010 - Purpose.

The city declares the provisions contained in this chapter both desirable and necessary for the safety and protection of human life and property.

15.48.020 - Application.

The provisions of this chapter shall be applied at such times as buildi ng permits are issued for new building construction or any structural addition to an existing building. The existing structure shall meet the provisions of this code when additions thereto are constructed.

15.48.030 - Definitions.

For the purpose of this chapter, the definitions given in this section shall govern the meanings of the following words and phrases:
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A. "Building official" means the building official of the city.

B. "Building permit" means approval to commence construction issued by the b uilding official upon determination that all plans and specifications for a proposed building or structure conform to the city's codes and standards.

C. "Locks" include the following:

1. "Cylinder spring dead latchset" means a latching device and strik e plate which is positively held in deadlatch position when the door is closed by means of an added integral slide trigger mechanism. The complete set shall consist of pin tumbler cylinder key operation from the exterior and a knob, thumbturn, or lever handle from the interior.

2. "Dead-latching lockset" means a lock similar to the cylinder spring dead latchset, except the lockset shall consist of a knob on both sides and shall be locked or unlocked by a pin tumbler cylinder key from exterior and a turn button from interior.

3. "Panic-free lockset" means a high security lockset with a one -inch throw deadbolt and a cylinder guard. The deadbolt is retracted simultaneously by single action of the interior knob for panic escapement.

4. "Double cylinder deadlock" means a bolt with on e-inch throw which has no automatic spring action and which is operated by a pin tumbler cylinder key from either side of the door.

The bolt must be steel or contain steel embodiments.

5. "Single cylinder deadlock" means a bolt similar to the double cyli nder deadlock, but actuated by a pin tumbler cylinder key from the outside and a thumbturn on the inside and is positively held fast when in the projected position.

D. "Lock components" include the following:

1. "Cylinder guard" means a hardened free-turning steel ring surrounding the exposed portion of the lock cylinder and is so fastened as to protect the cylinder from wrenching, prying, cutting, or pulling by attack tools.

2. "Insert" means a hardened steel pin contained in the bolt and located to prevent bolt cutting with common tools.

3. "Security strike" means a heavy gauge steel strike with four off center screws one and one- half inches long permitting full penetration into the rough buck. Approximate dimensions: three and five-eighths inches by one and one-fourth inches.

15.48.040 - Compliance—Required.

Materials, methods of construction or structural design limitations provided for in this chapter are to be used unless an exception is granted.

15.48.050 - Compliance—Time—Procedure.

All construction plans and drawings for structures and additions thereto submitted to the city for a building permit shall note the requirements of this chapter and incorporate the provisions into 115
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the plans and drawings. After the effective date of the ordin ance codified in this chapter, the building official shall not issue a building permit to any person, firm or corporation that proposes to erect, construct or enlarge any building or structure, or cause the same to be done, without providing verification t hat the building or addition conforms to the regulations set forth in this chapter.

15.48.060 - Security standards—Generally.

A. Louvered windows shall not be used.

B. Overhead garage doors shall be equipped with slide bolts, which shall be capable of utilizing padlocks with minimum nine thirty-seconds inch shackle.

C. Where sliding or accordion doors are utilized, they shall b e equipped with guide tracks which shall be designed so that the door cannot be removed from the track when in the closed and locked position.

D. Sliding glass windows and doors shall be equipped with a pin -joined locking mechanism containing a heavy duty bolt which locks the door securely to adjacent stationary window.

E. Windows and sliding glass doors may have iron grill work for protection if the grillwork can be opened easily from the inside without the use of any tool or key.

15.48.070 - Security standards—Residential units.

The following special provisions shall apply to residential buildings in the city in addition to the general security standards contained in Section 15.48.060:

A. Doors shall comply with the following regulations:

1. All exterior swinging doors shall be of solid core construction with a minimum thickness of one and three-fourths inches, or with panels not less than nine-sixteenths inch thick.

2. Any swinging door leading from a garage into a residence, shall be of soli d core construction with a minimum thickness of one and three-eighths inches.

3. All swinging exterior doors and doors leading from garage areas into dwellings shall be equipped with a one-inch deadbolt locking mechanism. The deadbolt shall have a minimum bolt throw of one-inch and shall be equipped with a steel insert and a free turning cylinder guard.

EXCEPTION. Exterior swinging doors leading into garages have a minimum requirement to be equipped with a dead latch locking mechanism.

4. Main entrance door shall be operable from the inside without the use of a key or any special knowledge or effort.

5. All entry doors on upper floors to apartments not containing alternate emergency escape routes shall use panic-free double locksets.

6. When entry d oors are doubles, one leaf shall be held in position by hand bolts at top and bottom with a minimum penetration into floor and jamb of one inch. 116
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7. Hinges which are exposed to the exterior shall be equipped with nonremovable hinge pins or a mechanical in terlock to preclude removal of the door from the exterior by removing the hinge pins.

8. All front exterior doors shall be equipped with a wide angle one hundred eighty-degree door viewer, except where occupant has clear vision of the area immediately outside the door without opening the door.

9. Trimmers on exterior doors shall be four inches by four inches trimmer, well nailed to the king stud and accurately set to receive the finish door jamb. This requirement shall apply only to new construction.

10. Exterior doors with glazing within forty inches of any locking mechanism shall be protected by rated burglary resistant glazing or a double cylinder deadbolt lock.

B. Address markings shall comply with the following regulations:

1. All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four inches in height, of a color contrasting to the background and located so they may be clearly seen and read.

2. In multiple -family dwelling complexes, each residential building shall display a street number in a prominent position. It shall be lighted (equipped with a photo sensitive automatic lighting device) and be easily visible from a street, driveway or pedest rian walkway. Said identification shall be no less than six inches in height and of a color contrasting to the background. The entrance of each dwelling unit shall have a unit identifying number, letter or combination thereof, displayed or adjacent to the dwelling unit door and be no less than three inches in height and of a contrasting color to the background.

3. Maps of the complex shall be furnished to the police and fire departments upon completion of construction. The maps shall include building identification and unit identification.

C. Lighting shall conform to the following regulations:

1. Provisions for lighting must meet design review standards before approval.

2. All exterior doorway entrances shall be equipped with photo sensitive automat ic lighting devices capable of providing at least one footcandle of light at ground level during hours of darkness.

3. Aisles, passageways, mailbox locations, patio and balconies, recreation buildings, laundry rooms, within multiple-family dwelling complexes shall be equipped with security lighting devices such as photo sensitive or automatic lighting devices capable of providing at least .25 footcandles of light at ground level during hours of darkness.

4. Open parking lots and carports of multiple -family dwelling complexes shall be equipped with photo sensitive or automatic lighting devices capable of providing at least one footcandle of lighting on the parking surface during hours of darkness.

5. All lighting devices shall be protected by vandal-resistant covers. 117
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15.48.080 - Security standards—Commercial/industrial building.

The following special provisions shall apply to all commercial/industrial buildings and additions thereto constructed in the city in addition to the general security standard s contained in Section

15.48.060:

A. Door security shall meet the following specifications:

1. All exterior swinging doors shall be equipped with a one -inch deadbolt locking mechanism.

The deadbolt shall have a minimum bolt throw of one inch and shall be equipped with a steel insert and a free turning cylinder guard.

2. Swinging exterior glass doors, wood or metal doors with glass panels, solid wood or metal doors shall be constructed or protected as follows:
a. Wood doors shall be solid core constr uction with a minimum thickness of one and three - fourths inches.
b. Hollow metal doors shall be constructed of a minimum equivalent to sixteen U.S. gauge steel and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed; such reinforcement being able to restrict collapsing of the door around the locking device.

3. Except when double cylinder deadbolts are utilized, any glazing utilized within forty inches of any door locking mechanism shall be constructed or protected as follows:
a. Fully tempered glass or rated burglary resistant glazing; or b. Iron or steel grills or at least one-eighth inch metal with a maximum two-inch mesh secured on and easily removable from the inside of the glazing may be utilized; or c. The glazing shall be covered with iron or steel bars of at least one -half inch round or one inch by one-fourth inch flat metal, spaced not more than five inches apart and secured on and easily removable from the inside of the glazing;
d. Items b and c shall not interfere with the operation of opening windows if such windows are required to be openable by the California Building Code.

4. Hinges for outswinging doors shall be equipped with nonremovable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins.

5. The jamb on all aluminum frame swinging doors shall be so constructed or protected to withstand sixteen hundred pounds of pressure in both a vertical distance of three inches and a horizontal distance of one inch each side of the strike, so as to prevent violation of the strike.

6. In multiple-occupancy office buildings, all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors.

B. Windows shall meet the following specifications:
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1. Windows shall be deemed accessible if less than twelve feet above ground or adjacent to any pedestrian walkway.

2. Accessible windows having a pane or opening exceeding ninety-six square inches, with the smallest dimension exceeding six inches, and not visible from a public or private thoroughfare shall be protected in the following manner:
a. Fully tempered glass or burglary-resistant glazing; or b. Window barriers may be used but shall be secured with bolts which are nonremovable from the exterior while remaining removable from the interior:
i. Interior or exterior steel or iron bars of at least one -half inch round or one inch by one - quarter inch flat metal spaced not more than five inches apart and securely fastened; or ii. Interior or exterior iron or steel grills of at least one -eighth inch metal with not more than a two-inch mesh and securely fastened.
c. The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be openable by the California Building Code.

3. Hinges for outswinging doors shall be equipped with nonremovable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing hinge pins.

4. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows:
a. If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen U.S. gauge sheet steel, or its equivalent, attached with screws. b. The hatchway shall be secured from the inside with a slide bar or slide bolts. c. Outside hinges on all hatchway openings shall be provided with nonremovable pins when using pin-type hinges.

5. All air dust or air vent openings exceeding ninety -six square inches on the roof or exterior walls of any commercial building shall be secured by covering same with either of the following:
a. Iron or steel bars of at least one -half inch roun d or one inch by one -fourth inch flat metal spaced not more than five inches apart and securely fastened; or b. Iron or steel grills of at least one -eighth inch with a maximum two -inch mesh and securely fastened;
c. If the barrier is on the outside, it shall be secured with bolts which are nonremovable from the exterior;
d. The above must not interfere with venting requirements, creating a potentially hazardous condition to health and safety, or conflict with the provisions of the California Building Code or Title 19, California Administrative Code.
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C. Permanently affixed exterior ladders leading to roofs shall be fully enclosed with sheet metal to a height of ten feet. This covering shall be locked against the ladder with a case hardened clasp secur ed with nonremovable screws or bolts. Hinges on the cover will be provided with nonremovable pins when using pin -type hinges. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum five -pin tumbler operation with nonremovable key when in an unlocked position.

D. Lighting and address markings shall conform to the following specifications:

1. The address number of every commercial building shall be located and displayed so that it is easily visible from t he street. The numerals in these numbers shall be no less than eight inches in height and be of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway or parking lot shall also display the same numbers on the rear of the building.

2. All exterior doors to commercial buildings shall be equipped with a lighting device capable of providing a minimum of one footcandle of light. All exterior bulbs shall be protected by weather and vandalism-resistant covers.

3. Open parking lots, and access thereto, providing more than ten parking spaces and for use by the general public, shall be provided with a maintained minimum of one footcandle of light on the parking surface from dusk until the termination of business every operating day.

15.48.090 - Exceptions—Criteria for approval.

The building official may approve any material method of construction or structural design not specifically provided for in this chapter; provided that:

A. He finds the proposed design to be satisfactory and the material and method of work offered is for the purpose intended;
B. He finds the materials, method of construction and structural design is at least equivalent to that prescribed in this chapte r in quality, strength, effectiveness, crime resistance, durability and safety;
C. The fire department has determined that the alternative is in conformance with the California Administrative Code.

15.48.100 - Testing.

Whenever there is insufficient evidence of compliance with the provisions of this chapter or evidence that any material or any construction does not conform to the requirements of this chapter, or in order to substantiate claims for alternate materials or methods of construction as allowed by Section 15.48.090, the building official may require tests as proof of compliance to be made at the expense of the owner or his agent by an approved agency.

15.48.110 - Reserved.
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15.48.120 - Enforcement.

The building official or his authorized representatives are empowered and directed to administer and enforce the provisions of this chapter relating to physical security requirements for buildings in the city.

15.48.130 - Violation—Penalty.

Any building or addition thereof constructed subse quent to the effective date of the ordinance codified in this chapter which is not in compliance with the provisions of this chapter shall not be given a final inspection or right of occupancy by the city until all applicable provisions of this chapter are complied with.

Chapter 15.50 - ENFORCEMENT
Sections.

15.50.010 - Violations.

15.50.020 - Penalties.

15.50.030 - Recovery of Attorneys’ Fees.

15.50.010 - Violations.

A. It shall be a misdemeanor for any person to alter, construct, convert, demolish, enlarge, equip, erect, improve, maintain, move, occupy, repair, or use any building or structure in the city, or cause or permit the same to be done contrary to or in violation of any provision of any code adopted under this title. A person shall be guilty of a separate and distinct offense for each and every day during which any violation of any provision of any code adopted under this title is committed, continued, or permitted to be committed or continued.

B. It shall be a misdemeanor for any person or entity to fail to comply with a notice or order to comply or repair issued under any provision of any code adopted under this title. A person shall be guilty of a separate and distinct offense for each and every day that he or she fails to comply with the notice or order. A violation of this subsection is independent and does not depend on a finding that the person cited also violated another provision of this code. It shall not be a defense to a prosecution under this subsection that the person cited unde r this subsection was found not guilty of the underlying violation.

15.50.020 - Penalties.

Every person found guilty of a misdemeanor shall be punishable for each separate offense by a fine not exceeding one thousand dollars or by imprisonment in the c ounty jail not exceeding six months, or by both such fine and imprisonment.

15.50.030 - Recovery of Attorneys' Fees.

Recovery authorized. Any violation of this municipal code is hereby determined to constitute a public nuisance. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its incurred attorney's fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the city in the 121
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judicial action or administrative proceeding. A judicial action inclu des, but is not limited to, any civil or criminal action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. In addition to any other basis, the city shall also be determined the prevailing party when a person complies voluntarily or involuntarily after a deadline in a notice issued by the city expires, and also when the city's enforcement action was a cause or catalyst for compliance. The failure of a court to award attorneys' fees to the city shall not preclude the city from recovering its attorneys' fees and costs through an administrative or other process.

Chapter 15.60 - SAFETY ASSESSMENT PLACARDS
Sections:

15.60.010 - Intent.

15.60.020 - Application.

15.60.030 - Definitions.

15.60.040 - Placards—Content.

15.60.050 - Placards—Depiction.

15.60.060 - Penalty for violation.

15.60.010 - Intent.

This chapter approves the use of standard placards to indicate the condition of buildings and structures for continued occupancy and authorizes the building o fficial, or his or her authorized representative, to post such placards at each entry point to a building or a structure upon completion of a safety assessment.

15.60.020 - Application.

The provisions of this chapter shall apply to the occupancy of all buildings and structures subject to the regulatory jurisdiction of the City of Chino.

15.60.030 - Definitions.

The term "safety assessment" shall mean a visual, non -destructive examination of a building or structure by the building official or his or her authorized representative for the purpose of determining its suitability for continued occupancy.
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15.60.040 - Placards—Content.

The following are descriptions of the official placards to be used to designate the condition for continued occupancy of buildings or structures, copies of which are depicted in the addendum to Section 15.60.050:

1. INSPECTED—Lawful Occupancy Permitted. This placard is to be posted on any building or structure wherein no apparent structural hazard has been found. However, it is not intended to mean that there is no damage to the building or structure. This placard shall be printed with a green background or on green paper, for easy recognition.

2. RESTRICTED USE. This placard is to be posted on any building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The person who posts this placard shall note in general terms the type of damage encountered and clearly and concisely describe the restrictions o n continued occupancy. This placard shall be printed with a yellow background or on yellow paper, for easy recognition.

3. UNSAFE—Do Not Enter or Occupy. This placard is to be posted on any building or structure that has been damaged so severely that con tinued occupancy poses a threat to life or safety. Buildings or structures posted with this placard shall not be entered under any circumstance, unless authorized in writing by the building official or his or her authorized representative. However, city sa fety assessment personnel and teams shall be authorized to enter these buildings or structures at any time. This placard is not to be used as or considered to be a demolition order. The person who posts this placard shall note in general terms the type of damage encountered. This placard shall be printed with a red background or on red paper, for easy recognition.

4. JURISDICTIONAL SEAL, CODE REFERENCE AND RESPONSIBLE DEPARTMENT.

Each such placard shall contain the Seal of the city of Chino, a reference to the provisions of the city code pursuant to which such placard was authorized, and the responsible department name, address and phone number.

15.60.050 - Placards—Depiction.

The placards authorized by the preceding Section 15.60.040 are depicted in the following tables:

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Table 15.60.050.a

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Table 15.60.50.b

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Table 15.60.50.c
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15.60.060 - Penalty for violation.
(a) It shall be a misdemeanor for any person to occupy any building or structure in violation of the placard posted thereon pursuant to this chapter. A person shall be guilty of a separate and distinct offense for each and every day that he or she fails to comply with such posted placard. (b) It shall be a misdemeanor for any person to remove a placard posted on any building or structure pursuant to this chapter.
(c) Every person found guilty of a misdemeanor shall be punishable by a fine not exceeding one thousand dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

Chapter 15.70 – APPEALS
Sections:

15.70.010 - Appeals.

Any recipient of a decision, order or determination by the city's building official or designee relating to the application of regulations and building standards codified in Title 15 of this code may appeal that decision, order or determination in accordance with Section 8.50.100 and Chapter 8.50 of this code.

The failure to file a timely and complete appeal as required by Section 8.50.100 and Chapter 8.50 shall constitute a waiver of all rights to appeal and a failure to exhaust administrative remedies. The decision of the hearing officer, as provided in Section 8.50.100, shall be final.” Section 3: Except as otherwise amended herein, the remainder of Title 15 (Buildings and Construction) of the City of Chino Municipal Code shall remain unchanged and in full force and effect.

Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of co mpetent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The city council declares that it would have enacted this Ordinance and each section, subsection, sentence, clause and phrase hereof irrespective of any determination of invalidity.

Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

Section 6: Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, and printed and published within designated locations in the City in accordance with the provisions of the Government Code.

ADOPTED THIS 4TH DAY OF NOVEMBER 2025.

________________________________

EUNICE ULLOA, MAYOR

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ATTEST:

________________________________

NATALIE GONZAGA, CITY CLERK

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

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by the City Council at a regular meeting held on the 4th day of November 2025.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

NATALIE GONZAGA, CITY CLERK
128

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

TO: LINDA REICH, CITY MANAGER
FROM: JACKIE MELENDEZ, ASSISTANT CITY MANAGER

SUBJECT
..titl e
Adoption of Ordinance No. 202 5-008 (Second Reading), amending Chapter 10.64 of the Chino Municipal Code.
..end

RECOMMENDATION
Approve the adoption of Ordinance No. 202 5-008 (Second Reading), amending Chapter 10.64 (Parades and Special Events) of Title 10 (Vehicles and Traffic) of the Chino Municipal Code. ..body

FISCAL IMPACT
There is no fiscal impact.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 129
CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025
TITLE: ADOPTION OF ORDINANCE NO. 2025 -008 (SECOND READING), AMENDING CHAPTER 10.64 OF THE CHINO MUNICIPAL CODE.

PAGE: 2

BACKGROUND
Ordinance No. 202 5-008 was introduced on first reading by the City Council at its October 21, 2025 meeting. The Ordinance will amend Chapter 10.64 (Parades and Special Events) of Title 10 (Vehicles and Traffic) of the Chino Municipal Code to redefine the parameters and guidelines of Chapter 10.64 parades and special events in order to promote the health, safety, and general welfare of the residents of the City.

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

ISSUES/ANALYSIS
Ordinance No. 2025-008:

Second reading of Ordinanc e, entitled “ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 10.64 (PARADES AND SPECIAL EVENTS) OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE CHINO MUNICIPAL CODE”

Attachment: Ordinance No. 2025-008

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ORDINANCE NO. 2025-008

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CHAPTER 10.64 (PARADES AND SPECIAL EVENTS) OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE CHINO MUNICIPAL CODE

WHEREAS, the City of Chino (“City”) has previously adopted Chapter 10.64 of Title 10 of the City of Chino Municipal Code (“CMC”) , establishing rules and regulations of parades and special events; and

WHEREAS, pursuant to California Constitution Article XI Section 7, the City is authorized to regulate and enforce traffic congestion and safety hazard protocol; and

WHEREAS, pursuant to California Vehicle Code §21101(e), the City of Chino City Council (“City Council”) is authorized to regulate street closures for parades and special events; and

WHEREAS, the City Council now desires to redefine the parameters and guidelines of parades and special events in order to promote the health, safety, and general welfare of the residents of the City; and

WHEREAS, the City Council now desires to amend CMC Chapter 10.64 to attain the foregoing objectives.

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

Section 1. Recitals Incorporated. The City Council finds the foregoing Recitals are true and correct and are incorporated herein by this reference.

Section 2. Amendment to CMC Chapter 10.64. Chapter 10.64 of the City of Chino Municipal Code shall be amended in its entirety as follows:

“10.64.010 - Findings.

The city council finds that parades and special events create traffic congestion and safety hazards, and require the expenditure of city resources for the regulation of such parades and special events. Likewise, the city council finds that such parades and special events may also result in noise disturbances, increased littering, an invasion of privacy, a hindrance in the public's right to quiet enjoyment, or the harassment of members of the public.

10.64.020 - Definitions.

For the purpose of this chapte r, the definitions given in this section shall govern the meanings of the following words and phrases:

"Applicant" means any person, group, organization, or entity who seeks a special event permit from the city to conduct or sponsor a parade or special e vent governed by this chapter. An applicant must be eighteen years of age or older. 131
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"Chief of police" means the chief of police for the City of Chino's Police Department or his/her designee.

"City manager" means the city manager for the City of Chino or his/her designee.

"City resources" means any commitment of city funds, manpower, supplies, materials, or other services used to control, support, augment or assist in any way a parade or special event in the city.

“Expressive activity” means conduct, the sole or principal object of which is the expression, dissemination , or communication by verbal, visual, literary, or auditory means of opinions, view, or ideas protected by the First Amendment of the United States Constitution and Article I of the California Constitution.

"Parade" means any procession, march, ceremony, show, exhibition, pageant, or similar display upon any public right-of-way or which will infringe upon the public right -of-way or public property.

"Permit" means any permit as required by this chapter.

"Person" means any person, firm, partnership, association, corporation, group, club or organization of any kind.

"Planning Commission" means the planning commission of the City of Chino.

“SEC” (special events committee) means a committee convened to evaluate parade and special events applications. The city manager shall determine size and membership of this committee.

"Special event" means any of the following:

1. Public Property. Any ceremony, carnival, show, athletic or sporting event, exhibition, pageant, festival, fireworks display, sale and/or service of alcoholic beverages, or similar events upon any public property, right -of-way, sidewalk, or park not designated as a City athletic field located in the city, except for events such as tournaments, sports leagues, and similar events which may typically be conducted in a public park;

2. Residential Property. Any ceremony, carnival, show, sporting event, exhibition, pageant, festival or similar event held at any private residence that is open to the public, which may require the utilization of city resources, whether expected by the sponsor of the event or anticipated by the city, as determined by the SEC;

3. Private Property Other than Residential Property. Any event such as any ceremony, carnival, show, sporting event, exhibition, pageant, festival, fireworks display, or similar event held at private property other than residential property that is being used beyond that property’s intended land use and is open to the public or serves alcoholic beverages which may require the utilization of city resources, 132
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whether expected by the organizer of the event or anticipated by the city, as determined by the SEC.

“Spontaneous event” means any event involving Expressive Activity that is occasioned by recent news or current affairs coming into public knowledge less than five (5) days prior to such event.

10.64.030 - Permit—Requirements.

A. General Parades or Special Events. No person shall engage in, participate in, aid or carry on any parade or special event located wholly or partially on any public street, sidewalk, alley, or park, or which infringes upon the public right-of-way, or which requires the utilization of ci ty resources, unless a permit therefore has been granted by the city.

Applications submitted to the city to hold such shall be submitted to the SEC, in this chapter referred to as SEC. The SEC shall be charged with the responsibility of approving such a permit provided it meets the findings required by Section 10.64.090 of this chapter.

The SEC shall notify the applicant of its decision; and, in the case of denial, the applicant's appeal rights pursuant to Section 10.64.100 of this chapter. Any permit appro ved by the SEC shall be issued by the city manager.

B. Exemptions. A permit shall not be required under this chapter for the following activities:

1. The city may, at its discretion, exempt any event sponsored by the city or co- sponsored by the city from any or all of the requirements for obtaining a permit;

2. Spontaneous events involving expressive activity which are occasioned by news or affairs coming into public knowledge less than five (5) days prior to such event may be conducted without the organizers first having to obtain a permit, provided that participants compl y with applicable traffic regulations, laws and controls. The person or organization conducting or sponsoring the spontaneous event shall provide notice of the event to the city manager no later than thirty -six hours prior to the commencement of the event and shall provide the location of the event and the estimated number of attendees to assist the city with determining traffic control and policing needs, if any, to protect the health, safety, and welfare of the public. The person or organization conductin g or sponsoring the spontaneous event shall be liable and responsible for any costs incurred by the city relating to the event pursuant to Section 10.64.060;

3. Any event involving only pedestrians marching on sidewalks and crossing streets only at pede strian crosswalks, in accordance with traffic regulations and controls;

4. Funeral processions by a licensed mortuary or funeral home.

10.64.040 - Permit—Application.

A person seeking issuance of a permit to engage in a parade or special event, shal l file an application with the city on forms provided by the city. The application for a permit to engage in a parade or special event shall set forth the following information:

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A. The name, address, and telephone number of the person seeking to conduct such parade or special event;

B. If the parade or special event proposed is to be conducted for, on behalf of or by an organization, the name, address, and telephone number of the headquarters of the organization, and the authorized and responsible heads of such organization;

C. The name, address, and telephone number of the person who will be the parade or special event chairman and who will be responsible for its conduct;

D. The date when the parade or special event is to be conducted;

E. The time when such parade or special event will start and terminate in compliance with Chapter 9.40 (Noise) of this code;

F. Parades only:

1. The route to be traveled, the starting point and the termination point, in diagram form;

2. The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals and the description of the vehicles;

3. A statement as to whether the parade will occupy all, or only a portion, of the width of the streets proposed to be traversed;

4. The location by street names of any assembly area for such parade;

5. The time at which persons, animals, and/or animals of such parade will begin to assemble at any such assembly area or areas;

G. Special events only:

1. The number of persons expected to attend the special event;

2. A statement of whether alcoholic beverages will be allowed on the premises, type of alcoholic beverages proposed, and evidence of application for the appropriate state liquor license;

H. Any additional information, including evidence of compliance with any and all federal, state, and local regulations, which the city shall find reasonably necessary to make a fair determination as to whether a permit should be issued;

I. If the parade or special event will involve any person or business participating as a vendor, or otherwise, having a booth or stand, or performing, soliciting, or selling any products or services, the application must list and provide copies of all spe cial event vendor permits issued from the city, as defined in Section 5.04.540 of this code.

J. If the parade or special event will involve sidewalk vendors, the application must list and provide copies of all permits issued from the city for said sidewalk vendors, as provided in Chapter 5.28 of this code.
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10.64.050 - Filing requirements.

A. Filing Period. An application for a parade or special event permit shall be filed with the city no less than sixty (60) days or more than one calendar year before the date on which it is proposed to conduct the parade or special event. Any application submitted less than sixty (60) days before the parade or special event is proposed to be conducted shall be deemed late and the SEC has the discretion to accept and process the application or deny it as untimely. Any such accepted late -filed applications shall be subject to an expediting fee pursuant to Section 10.64.060 of this chapter.

B. Filing Period for Longer Duration or Larger Size Events. An application for a parade or special event lasting three (3) consecutive days or longer in duration, not including set- up and clean-up, or for parades or special events with an anticipated attendance of five thousand or more people per day shall be filed with the city no less than ninety (90) days or more than one calendar year before the date on which it is proposed to conduct the parade or special event. Any application submitted less than ninety (90) days before the parade or special event is proposed to be conducted sh all be deemed late and upon request of applicant, may be subject to an expediting fee pursuant to Section 10.64.060 of this chapter, or may be denied as untimely.

10.64.060 - Application fees and deposits.

A. Fee. A non-refundable application fee, as adopted in the City’s Comprehensive Fee Schedule, shall be paid at the time of filing the application for a permit to engage in a parade or special event, as provided in the current comprehensive fee schedule codified in Appendix I of this code, unless waived by the SEC. Any application filed late pursuant to Section 10.64.050 of this chapter shall be subject to an expediting fee as provided in the current comprehensive fee schedule codified in Appendix I of this code, unless waived by the SEC. After consid eration and investigation of the application, the SEC may determine what additional fees shall be assessed before issuance of the permit to meet the expenses of maintaining public health, safety, and welfare, such as placing barricades, lighting, and traffic control devices, and providing police officers for crowd control at such parade or special event.

1. Nothing in this chapter shall limit the city's ability to pursue its rights regarding damage to city property as otherwise provided for by law.

B. City Services Deposit. The applicant shall be responsible for and the city may charge the reasonable and necessary costs that any department of the city incurs in connection with the parade or special event for which the city has issued a permit. The amount of the deposit shall be as provided in the current comprehensive fee schedule codified in Appendix I of this code. Such costs include, but are not limited to, city resources as defined in this chapter, costs associated with fire safety, traffic and/or p edestrian control, the closure of streets or intersections, additional police services or other emergency services, and any direct costs of the city to provide support personnel, equipment, materials, supplies, and restoring the public area of the city upo n the conclusion of the parade or special event .

1. The applicant shall pay such deposit at the time the application is approved by the city. Within thirty days after the special event or parade concludes, the city 135
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shall either submit a final invoice for costs, if any, to the applicant or refund any unused deposit without interest. If the applicant paid less than the total costs actually incurred by the city, the applicant shall pay the difference to the city, without interest, within thirty days of the date of the invoice for such charges by the city. Thereafter, interest will accrue on the unpaid balance at the legal rate. If the applicant paid more than the total costs incurred by the city, the city shall refund the difference to the applicant, without interest, within thirty days after the parade or special event.

C. Any payment required pursuant to this section shall be made payable to the city by cash, credit card, or cashier's check.

D. Waiver. Any fee, deposit or payment required pursuant to this chapter may be waived by the SEC if the applicant provides as part of the permit application a sworn affidavit in writing, together with any supporting documents, demonstrating the applicant 's actual financial inability to pay the fee, deposit or payment and establishes to the satisfaction of the SEC that such fee, deposit or payment is not necessary.

1. Any applicant whose request for waiver is denied may appeal the decision by filing a w ritten notice of appeal with the city clerk within five (5) days after such decision is made.

2. The written notice of appeal shall be filed with the city clerk along with payment of an appeal processing fee in an amount set forth in the city's current Comprehensive Fee Schedule codified in Appendix I of this code. The appeal processing fee, however, shall be excused upon a satisfactory showing of undue financial hardship.

3. The written notice of appeal shall contain the following information: (1) the name of the appealing party; (2) the address of the appealing party, (3) a brief statement in ordinary and concise language of the nature of the appeal together with any material facts claimed to support the contentions of the appellant; (4) a brief statement in ordinary and concise language of the relief sought; and (5) the signature of the appellant.

4. Upon receipt of a timely and proper appeal, the city clerk shall appoint a neutral and impartial hearing officer and shall schedule a hearing at a date, time, and location not earlier than ten days but no later than sixty (60) days after receipt of such appeal.

5. The city clerk shall provide notice not later than ten (10) calendar days before the scheduled hearing by first class mail to the appellant a t the address listed on the request for a hearing.

6. The hearing officer shall issue a written decision within five (5) calendar days of the hearing. The decision of the hearing officer shall be final.

7. The failure to timely and properly file a request for a hearing with the city clerk, or the failure to appear at a scheduled hearing, shall constitute waiver of the right to appeal and a failure to exhaust administrative remedies. If appeal is waived for 136
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any reason, including as provided under this su bsection, the decision of the SEC shall be final.

10.64.070 - Applicant—Evidence of insurance required and hold harmless agreement.

A. Certificate of Insurance. Each applicant for a parade or special event shall be required to submit evidence to the city, in the form of a certificate of insurance, that such applicant has public liability and property damage insurance in effect and in full force for the duration of such parade or special event in an amount no less than one million dollar ($1,000,000) minimum for each occurrence for general liability coverage and two million dollar ($2,000,000) minimum for general aggregate coverage to protect the gene ral public and the city for any and all damages that might be caused by such parade or special event. It is in the city’s discretion to require increased coverage depending on the particular parade or special event. If the parade or special event involves the use of licensed motorized vehicles, the policy must also include an endorsement for automobile liability in an amount no less than one million dollars ($1,000,000). The city shall be named as an additional insured on the certificate of insurance.

B. Hold Harmless and Indemnification. Prior to the issuance of a permit pursuant to this chapter, the applicant shall provide the city with an executed hold -harmless and indemnification agreement, which shall substantially state that the applicant agrees to indemnify, defend, and hold the city and its officers, employees, and agents harmless and free from any and all liability, penalty, expense or loss of any nature, including, but not limited to, liability for damage or injury to any persons or property caused by any participant to the parade or special event.

C. Waiver. If the SEC determines that a particular parade or special event does not present a substantial or significant public liability or property damage exposure for the city or its officers, agents, and employees, the city may provide a written waiver of some or all of the insurance requirements of this section.

D. No person shall conduct a parade or special event under a parade or special event permit without the insurance coverages as required by this section being in full force and effect. However, the insurance requirement for special events involving only the exercise of free speech rights may be waived by the SEC, , if the applicant certifies in writing that:
(1) the applicant and/or sp onsoring organization does not maintain such insurance coverage; (2) the cost to obtain insurance coverage for the parade or special event is not commercially reasonable or is so cost prohibitive as to prevent the applicant or sponsoring organization from holding the parade or special event; and (3) the parade or special event will not include any of the following: pyrotechnics, commercial activity, the sale or consumption of alcoholic beverages, operation of carnival or animal rides or demonstrations with animals, floats or other non -standard vehicles, specialized recreational equipment, handling or serving of food, open fires, or fuel storage.

E. If the parade or special event includes the sale or consumption of alcoholic beverages, a liquor liability endorsement is also required.

10.64.080 - Notice of action and application.

If the application is denied, a written statement shall be mailed to the applicant within five (5) business days after the date upon which the application was processed and denied 137
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along with a notice of action and the applicant's appeal rights, if any. A rejected application will not prejudice the applicant's right to either amend the application and resubmit such application immediately or resubmit another application at any time in the future.

10.64.090 - Standards for issuance of permits.

The city shall issue a permit when, from a consideration of the application and from such other information as may otherwise be obtained, the following facts are found to exist:

A. Parades:

1. All of the information in the application is true;

2. The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

3. The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement, and the areas contiguous thereto, as to prevent normal police protection to the city, giving consideration to the city's ability to recruit police officers from other jurisdictions;

4. The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;

5. The conduct of the parade is not reasonably likely to cause injury to p ersons or property, provoke disorderly conduct, or create a disturbance;

6. The parade shall start and continue to move from its origin to its point of termination expeditiously and without unreasonable delays en route;

7. The parade is not to be hel d for the sole purpose of advertising the goods, wares, or merchandise of a particular business establishment or vendor.

8. There are no outstanding violations of this code, any other code adopted by this code, or any state law on the private location f or which the parade is to or is taking place.

9. There are no outstanding fees, fines, or other amounts outstanding and owed to the city in connection with the parade, inclusive of such amounts owed by vendor or sidewalk vendor that is part of the parade.

B. Special Events:

1. All of the information in the application is true;

2. The conduct of the special event is not reasonably likely to cause injury to persons or property, provoke disorderly conduct, or create a disturbance;

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3. Sufficient parking exists for those persons who will attend the special event such that it will preclude a substantial disruption of the safe and orderly movement of other traffic;

4. The special event is not an illegal event by its very nature, nor shall any of the attractions contained within the special event be of an illegal nature.

5. There are no outstanding violations of this code, any other code adopted by this code, or any state law on the private location for which the special event is to or is taking place.

6. There are no outstanding fees, fines, or other amounts outstanding and owed to the city in connection with the special event, inclusive of such amounts owned by vendor or sidewalk vendor that is part of the special event.

The city may deny a permit upon finding of any of the above facts do not exist, if the location where the special event is to take place or any property within the city owned, leased, or otherwise used by an applicant contains any violation of this code, any other code adopted by this code, or any state law, or if the applicant has outstanding fees, fines, or other amounts due and owing the city.

10.64.100 - Appeal.

A. Any applicant whose permit application is denied may appeal the decision by following the appeal procedure as described below:

1. Any applicant whose request for waiver is denied may appeal the decision by filing a written notice of appeal with the city clerk within five (5) days after such decision is made.

5. The city clerk shall provide notice not later than ten (10) calendar days before the scheduled hearing by first class mail to the appellant at the address listed on the request for a hearing.
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6. The hearing officer shall issue a written deci sion within five (5) calendar days of the hearing. The decision of the hearing officer shall be final.

10.64.110 - Permit—Security and traffic plan review.

A. Security and Traffic Plan. The applicant shall submit a plan setting forth the proposed security measures and traffic plans to be taken to protect the health, safety and welfare of the participants in the parade or special event and the public. The plan shall be submitted concurrently with the permit application to the city. Upon review, an official of the police department and/or the public works department may require the alteration of the plan to provide greater traffic mitigation or security measures including, but not limited to, the hiring of private security personnel and/or city police officers at the applicant's expense as a condition of permit issuance.

B. Police Department and/or Fire D epartment Review. An official from the Chino Valley Independent Fire District and/or the city's police department may, after reviewing the scope of the parade or special event, determine that additional resources are required to ensure public safety. The official of each respective department will determine risks to participants, community impacts and emergency support required to determine additional resources required for the parade or special event. The applicant will bear all related costs and expenses for such additional resources.

10.64.120 - Permit—Contents.

Each parade or special events permit shall state the following information, as applicable:

A. Starting time;

B. Date;

C. Location and/or route;

D. Ending time;

E. Whether alcoholic beverages will be allowed or served;

F. Minimum speed of parade;

G. Maximum speed of parade;

H. Portions of the streets to be traversed that may be occupied by the parade;

I. The maximum length of the parade in miles or fractions thereof;

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J. Number of persons expected to attend the special event;

K. Number of persons allowed to occupy a building if special event is to be held inside;

L. Such other information as the city shall find necessary to the enforcement of this chapter.

10.64.130 - Permittee—Duties.

A. Any applicant issued a permit pursuant to this chapter shall comply with all permit directions and conditions and with all applicable laws and ordinances, including, but not limited to, the chapters of this code regulating noise, signs, parking, traffic and camping in the city.

B. The parade or special event chairman, or other person heading or leading such activity, shall carry the permit upon his person during the conduct of the parade or special event.

10.64.140 - Public conduct during parades or special events.

A. Parades.

1. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or parade assembly or with any person, vehicle, or animal participating or used in a parade.

2. No driver of a vehicle of any sort shall drive between the vehicles or person comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade. This is not to include any vehicle under the direction of the police department.

3. The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or p art thereof constituting a part of the route of a parade. The chief of police shall post signs to such effect, and it is unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street not posted in accordance with this chapter.

4. The chief of police shall be responsible to see that the conditions of this chapter have been met. For this purpose, the chief of police may require the applicant to submit periodic progress reports prior to the parade or special event.

B. Special Events. No person attending any special event as permitted under this chapter shall violate any laws of the state of California or any ordinance of the city.

10.64.150 - Permit—Revocation.

A. A permit to engage in a parade or special event may be revoked by the city manager or chief of police, or the designee of either, if he/she finds that one or more of the following conditions exists:

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1. Circumstances have changed to such a degree tha t one or more of the standards for Standards for issuance of permits in Section 10.64.090, or any other applicable provision of this chapter, are no longer satisfied.

2. The permit was obtained in a fraudulent manner or otherwise, a finding is made that information that was provided in the process of obtaining a permit was materially false.

3. The applicant fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of the permit.

4. The applicant violates or attempts to violate any law of the state, or the provisions of this chapter, or any other law, ordinance or policy of the city.

5. There is an emergency or other circumstance that creates the need to prevent the parade or special event from occurring or continuing at the date, time, and place specified in the permit.

6. Any violation of this code, any other code adopted by this code, or any state law exists on the private location for w hich the parade or special event is to or is taking place.

7. Any fees, fines, or other amounts remain outstanding and owed to the city in connection with the parade or special event, inclusive of such amounts owned by vendor or sidewalk vendor that is part of the parade or special event permit.

B. Such revocation by the city manager or chief of police, or the designee of either, shall become effective immediately upon the date notice of the revocation order is mailed or otherwise provided to the holder of the permit. No parade or special event may take place until the city issues a new permit or the revocation is lifted.

10.64.160 - Violation—Penalty.

It is unlawful and a public nuisance to violate any provision of this chapter. Any violation of th is chapter shall be a misdemeanor subject to the provisions set forth in Section

1.12.010 of this code, including, but not limited to, the imposition of any and all criminal and civil penalties set forth therein. Any violations of this chapter may also be enforced by any method or means authorized by this code or state law. The city may pursue any and all remedies to abate such nuisance in addition to, or in lieu of, any other remedy.”

Section 3. Except as otherwise amended herein, the remainder of Title 10 (Vehicles and Traffic) of the City of Chino Municipal Code shall remain unchanged and in full force and effect.

Section 4. Severability. If any section, subsection, sentence, clause, paragraph , or phrase of this Ordinance or any part thereof is for any reason held to be invalid or otherwise unenforceable by any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have enacted each and every section, subsection, sentence, clause, paragraph, or phrase thereof, irrespective of any determination of validity.

142
Ordinance 2025-008

Page 13 of 13 ends

01225.0001 2034418.1
Section 5. Effective Date. This Ordinance shall tak e effect thirty (30) days after its adoption.

Section 6. Certification. The City Clerk of the City of Chino shall certify as to the passage and adoption of this Ordinance and shall cause the same to be published and posted at the designated locations in the City of Chino.

ADOPTED, SIGNED, and APPROVED this 4th day of NOVEMBER, 2025.

_____________________________
Eunice Ulloa, Mayor

ATTEST:

______________________________
Natalie Gonzaga, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF CHINO )

I, Natalie Gonzaga, CITY CLERK OF THE CITY OF CHINO, CALIFORNIA, do hereby certify that the foregoing Ordinance No. ____ __ was duly and regularly adopted by the City Council of the City of Chino at a regular meeting held _____ day of _________, 2025, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________________
_
Natalie Gonzaga, City Clerk

143

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

SUBJECT
..titl e
Acceptance of the Fiscal Year 2024 Emergency Management Performance Grant (EMPG). ..end

RECOMMENDATION
Authorize the 1) acceptance of the Fiscal Year 2024 Emergency Management Performance Grant (EMPG) in the amount of $17,407; 2) appropriation of $17,407 to the General Fund with a corresponding increase to the General Fund grant revenue; and 3) City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Requires an appropriation of $17,407 to the General Fund with a corresponding increase to the grant revenue account. The Emergency Management Performance Grant program requires a 50/50 match from the sub-recipient. The required match from this grant will be in-kind use of the salary from the Police Department’s Emergency Services Coordinator, who is responsible for the City’s emergency management functions, for a total of $17,407.

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

Revenue: 1004000-59500-G4262

Expenditure: 1004000-40010-G4262
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 144
CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025
TITLE: ACCEPTANCE OF THE FISCAL YEAR 2024 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG).

PAGE: 2

BACKGROUND
The purpose of the Emergency Management Performance Grant (EMPG) is to assist state and local governments in enhancing and sustaining all -hazards emergency management capabilities. These funds are awarded by the Federal Emergency Management Agency (FEMA) to each state. The State of California allows each county to determine how it will use or distribute the funds to support its jurisdiction. San Bernardino County distributes the funds it receives to the 24 cities and San Bernardino County Office of Emergency Services (OES). Each is allocated a $10,000 base, with the remainder of the grant distributed on per capita basis.

San Bernardino County OES required all participating jurisdictions to submit a project pro posal explaining how the allocated funds would be spent. The OES Grant Unit then reviewed each proposal. After the projects were approved, jurisdictions are required to appropriate grant funds, directly purchase the items, and then request reimbursement. T he EMPG also requires each sub-recipient to match the grant allocation either in -kind, dollar-for-dollar, or a combination of both.

The City of Chino has been awarded $ 17,407 for the Fiscal Year 202 4 grant. Grant funds are required to be used to support c omprehensive emergency management programs at the local level. Grant funds are required to be spent by May 31, 202 6. Fiscal Year 2024 EMPG funds will be used to purchase equipment that will support emergency management operations such as a storage container that will serve as an additional supply cache of emergency supplies that the City will need in the event of a major emergency or disaster.

ISSUES/ANALYSIS
The City of Chino has been approved by the County of San Bernardino and the State of California to use up to $ 17,704 to purchase a storage container with use of EMPG funds. The required 50/50 match for this grant will be met in -kind using the salary of the Emergency Services Coordinator, who is responsible for the City’s emergency management function.

Staff obtained quotes from several local vendors for a storage container and the amount quoted by the vendor was under the total project amount ($11,527.50). To utilize the remaining grant funds ($5,879.50), staff will need to modify the grant to reflect the difference and reallocate the remaining funds to a new project. Staff has already identified a new project to include purchase of two new laptops. This equipment will be assigned to the Emergency Services Coordinator and the Police Department’s Community Relations Team to be able to use to document, produce, and release time -sensitive public information. Modification of the grant will require approval from the County of San Bernardino and the State of California and may take a few months to receive official approval.

It is recommended the City Council a uthorize the acceptance of the Fiscal Year 2024 Emergency Management Performance Grant (EMPG) in the amount of $17,407 , authorize the appropriation of $17,407 to the General Fund with a correspond ing increase to the General Fund grant revenue , and authorize the City Manager to execute all necessary documents on behalf of the City.

Attachments – FY24 EMPG Project Notification Letter
FY24 EMPG City of Chino Project Workbook
FY24 City of Chino Application Package

145
CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025
TITLE: ACCEPTANCE OF THE FISCAL YEAR 2024 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG).

PAGE: 3

146
147
148
# Project Description AEL # AEL Title/ Expenditure
Category
Solution Area Sub-
Category Total Cost Amount PAID
by the Grant
Remaining
Balance
Project
Completion
Deadline
Comments
B Equipment (1)
Storage Container
The City of Chino will use FY24
EMPG funds to purchase storage
containers to enhance its
emergency preparedness efforts
and create a cache of emergency
supplies. This cache may include
supplies for mass care, sheltering,
evacuation, and the Community
Emergency Response Team
(CERT). The storage container and
other emergency storage containers
will be located at the City of Chino
Public Works Service Yard. Adding
this container will allow the City to
expand its supply cache, improving
its ability to manage emergency
response functions, including
evacuation and sheltering. The
storage container will allow the
storage of items essential for mass
care, evacuation, and CERT
activities.
19MH-00-CONT Containers, Storage
19 - CBRNE
Logistical Support
Equipment
17,407$ - 17,407$ 3/31/2026
Total Allocation 17,407$ - 17,407 Equipment Approved 3/2025
* Please ensure that (3) vendor quotes are obtained on all equipment purchases. Verify that vendor(s) is not barred in SAM.gov prior to selecting the vendor.

APPROVED PROJECT WORKSHEET

SAN BERNARDINO COUNTY OPERATIONAL AREA
FY2024 EMERGENCY MANAGEMENT PERFORMANCE GRANT
City of Chino
Updated 10/29/2025149
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This is not an invoice
Please do not pay from this document

SALE QUOTE
Page: 1
Qty Equipment # Price Amount 1 9210180 CC: 921-0180 10500.00 10500.00 CONTAINER 8X40X8'6"
$4500 USED 40FT CONTAINER WWT (FREE PAINT)
$2525 38LF SHELVING (1 SIDE)
$2100 4 LIGHTS AND ELECTRICAL
$1375 7FT ROLL UP DOOR (SUB CARGO DOORS)
DELIVERY CHARGE 100.00 Sub-total: 10600.00
Tax: 927.50
Total: 11527.50
CONTACT: DENISE SCHOOL
CELL#: 909-573-4754

CHINO POLICE DEPARTMENT
5450 GUARDIAN WAY
CHINO CA 91710-1210
Office: 909-591-9819

CITY OF CHINO
13220 CENTRAL AVE FL 2
CHINO CA 91710-4127
BRANCH AJ8
5088 EDISON AVE
CHINO CA 91710-5715
909-428-7428
909-590-0526 FAX
# 252913192
Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Customer # :

Quote Date :

UR Job Loc :

UR Job # :

Customer Job ID:

P.O. # :

Ordered By :

Written By :

Salesperson :
6143879
09/11/25
5450 GUARDIAN WAY, C
8 TBD

DENISE SCHOOL

GERARDO REYES

GERARDO REYES
Note: This proposal may be withdrawn if not accepted within 30 days.

WHERE PERMITTED BY LAW, UNITED RENTALS MAY IMPOSE A SURCHARGE OF 2.0% FOR CREDIT CARD PAYMENTS ON CHAR GE ACCOUNTS. THIS SURCHARGE IS NOT GREATER THAN OUR MERCHANT DISCOUNT RATE FOR CREDIT CARD TRANSACTIONS AND IS SUBJECT TO SALES TAX .

THIS IS NOT A SALE AGREEMENT/INVOICE. THE ITEMS LIS TED ABOVE ARE SUBJECT TO AVAILABILITY AND ACCEPTANC E OF THE TERMS AND CONDITIONS OF UNITED'S SALE AGREEMENT/INVOICE WHICH ARE AMENDED FROM TIME TO TI ME AND POSTED ONLINE AT https://www.unitedrentals.c om/legal/sale-agreement AND INCORPORATED HEREIN BY REFERENCE. A PAPER COPY OF THE SALE AGREEMENT/INVOICE TERMS IS AVAILABLE UPON REQUEST. 200

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

SUBJECT
..titl e
2024-2025 State of California Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant.
..end

RECOMMENDATION
1) Authorize the acceptance of the 2024-2025 Office of Traffic Safety STEP Grant in the amount of $2 10,000; 2) appropriate $2 10,000 to the General Fund; 3) increase the general fund revenue grant budget by $2 10,000; and 4) authorize the City Manager or des ignee to execute all necessary documents related to this grant on behalf of the City. ..body

FISCAL IMPACT
Appropriate $210,000 to the General Fund with a corresponding increase to the grant revenue.

The requested appropriation is fully offset by grant revenue and no local matching funds are requested. The t hree grant numbers are G4 263 in the amount of $140,000 , G4 26A in the amount of $45,000, and G4 26B in the amount of $ 25,000, totaling $2 10,000. These federal funds are passed through the State of California, therefore will be placed on the Schedule of Expenditures of Federal Awards (SEFA).

Revenue: 1004000-59500-G4263/G426A/G426B

Expenditure: 1004000-40010-G4263/G426A/G426B
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 201
CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025
TITLE: 2024-2025 STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT.

PAGE: 2

BACKGROUND
The Chino Police Department has been awarded the " 2024-2025 Selective Traffic Enforcement Program (STEP) Grant" in the amount of $210,000 from the State of California - Office of Traffic Safety. The grant period is October 1, 202 5, through September 30, 202 6, and will cover the cost of conducting DUI checkpoints, DUI saturation patrols, traffic enforcement, distracted driving, motorcycle safety, night -time Click -It-Or-Ticket operations, along with pedestrian and bicycle enforcement. Additionally, the grant allows for travel expenses for trainin g and other direct costs related to DUI checkpoint supplies.

The federal funds allocated through the state in the amount of $210,000 will be allotted from three different state tracking numbers and the CFDA numbers are as follows: CFDA 20.6 08 $140,000-City grant #G4 263, CFDA 20.600 $45,000 -City grant #G 426A and CFDA 20.616 $25,000-City grant #G426B.

ISSUES/ANALYSIS
The Chino Police Department will be able to conduct a total of six sobriety checkpoints, 12 traffic enforcement operations, 12 Distracted Driving enforcement, and 29 DUI saturation patrols with the grant funding made available. The State of California Office of Traffic Safety will reimburse the City of Chino for overtime expenditures, travel expenses and other direct costs up to $210,000 to conduct the operations authorized under the STEP Grant.

Attachment: PT26016 Grant Agreement

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT26016

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

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

To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Chino Police Department

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

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $210,000.00

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

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

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

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

TITLE:

EMAIL:

PHONE:

ADDRESS:

Alex Courtney

Corporal

[email protected]

(909) 334-3170

5450 Guardian Way
Chino, CA 91710
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Linda Reich

City Manager

[email protected]

(909) 334-3491

13220 Central Avenue
Chino, CA 91710

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

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Ria Medina

Management Analyst

[email protected]

(909) 334-3062

5450 Guardian Way
Chino, CA 91710
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Stephanie Dougherty

Director

[email protected]

(916) 509-3030

2208 Kausen Drive Suite 300
Sacramento, CA 95758

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

203

8/15/2025 2:01:13 PM Page 2 of 18

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

EXPENDITURES
405e DDL-26 20.616 0521-0890-101 2025 04/25 BA/25 $25,000.00 402PT-26 20.600 0521-0890-101 2025 04/25 BA/25 $45,000.00 164AL-26 20.608 0521-0890-101 2025 04/25 BA/25 $140,000.00

AGREEMENT
TOTAL $210,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$210,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $210,000.00

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

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

RGVNGHJR3NV5

5450 Guardian WAY
Chino
91710-4127
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT26016

1. PROBLEM STATEMENT

Describe the city, county, or jurisdiction this grant will impact.

Chino is a city in the western end of San Bernardino County, California, with Los Angeles County to its west and Orange County to its south in the Southern California region. The city of Chino offers access to international shipping ports, large fulfillment centers, private and international airports, and access to major freeways.

Chino's surroundings have long been a center of agriculture and dairy farming, providing milk products in Southern California and much of the southwestern United States. Chino's agricultural history dates back to the Spanish land grant forming Rancho Santa Ana del Chino. The area specialized in fruit orchards, row crops, and dairy. Chino is bounded by Chino Hills and Los Angeles County to the west, Pomona to the northwest, unincorporated San Bernardino County (near Montclair) to the north, including the unincorporated community of Narod, Ontario to the northeast, Eastvale to the southeast in Riverside County and Orange County to the southwest. It is easily accessible via the Chino Valley (71) and Pomona (60) freeways. The population was 91,403 at the 2020 census and is expected to reach 135,000-140,000 by year 2040. The daily commuting traffic inflow brings approximately 6,800-7,500 additional people into the city. With this increase in buildings and dwellings comes a significant increase in the residential population and daily commuters that travel through the city.

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

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

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

Right-of-way violations and unsafe turning movements are also top causes of injury crashes. We intend to maintain our enforcement efforts in the areas that experience a high frequency of injury crashes by deploying officers and resources to the areas that statistically experience these types of traffic crashes. 205

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The number of persons killed in crashes in 2024 decreased by 23% from 3 to 2. The number of persons injured in crashes increased by 9.3% from 332 to 366. The number of persons injured in DUI-related crashes decreased by 35.7% from 38 to 28. We intend to focus our enforcement efforts in areas where driving under the influence of alcohol and or drugs was a contributing factor.

The Chino Police Department has prioritized enforcing and prosecuting all impaired drivers and continues to ensure our officers are properly trained in DUI enforcement. This training has extended beyond the police department walls, and has been brought to the San Bernardino County District Attorney’s Office where qualified members of the Chino police department spend two days with new Assistant District Attorneys teaching them multiple aspects of a DUI investigation, from inception to booking of offenders. The conclusion of the two-day instruction ends with a graded mock trial supervised by sitting Judges, Commissioners, and District Attorney Supervisors. This block of instruction was compiled, formatted, and presented by Chino Police Department Motors, in their efforts to establish a more fluid working relationship with the District Attorneys Office. This instruction was well received, and, as a result, a standing formal invitation has been extended to the Chino Police Department for future presentations at the San Bernardino County District Attorney’s Office training seminars.

We have prioritized the 40-hour DUI workshop as a core course and are actively working with the Training Unit to ensure every officer has the qualified DUI training to guide them through their daily contacts. This is a week-long course by Cavanaugh and Associates, where officers learn Standardized Field Sobriety Tests (SFSTs), DUI report writing, and courtroom testimony. This course has included subject matter for Advanced Roadside Impaired Driver Enforcement (ARIDE) and has been approved by POST as an SFST/ARIDE course. It should be noted that ARIDE is now covered by Cavanaugh and Associates. This dedication to DUI training has led to creating more officer confidence/knowledge which translates directly into a more comprehensible and prosecutable case.

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

Our community continues to experience DUI-related crashes that occur on less-traveled roadways and neighborhood streets. Often, the offenders are headed home and involved in crashes while near their residences. We believe that these offenders purposely avoid main thoroughfares and would likely not be identified by a DUI checkpoint, which is why DUI saturation patrols are so beneficial to our city. In fact, DUI Saturation patrols often identify impaired driving at a greater rate than a static DUI checkpoint.

Since the onset of the COVID-19 Pandemic, cycling popularity has grown worldwide, especially in the City of Chino. With the ever-improving city infrastructure and community buildout fueled by inclusivity, cycling has become one of the primary modes of transportation for commuting, delivery work, road riding, group riding, all of which span all age groups, from young to old. Moreover, the city of Chino has been very engaged with the cycling community and has been a fundamental force behind the inception and building of shared bicycle pathways and lanes throughout the cityscape. However, with the ever-growing technology behind bicycles, specifically E-bicycles and E-scooters, the Chino Police Department has seen a drastic rise in the injuries sustained and the frequency at which the injuries are occurring. We have found that a large majority of the E-bicycle and E-scooter crashes are due to riders having no knowledge of the rules of the road, the lack of safety equipment, multiple riders on a singular device, and simple unfamiliarity with the E-bicycle or E-scooter. The Chino Police Department has also seen the rise in the popularity of E-Motorcycles on city 206

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streets. Similar to E-bicycle and E-scooter popularity, the E-Motorcycle popularity seemed to have emerged as a third alternative to the E-bicycle and E-scooter. However, the use and legal requirements are very dissimilar. The Chino Police Department has learned, both through interaction with other city Departments and monitoring social media (to include our SeeClickFix App), that E-Motorcycles have been vandalizing city parks and public spaces while performing stunts comprised of reckless behavior. The Chino Police Department has found that to enforce E-bicycle, E-scooter, and E-Motorcycle laws successfully and safely, the more officers present during an operation the less of an opportunity the rider will have to try and flee from patrolling officers.

Define the target population the grant intends to serve and how they are affected by the problem(s).

This grant will serve both the residents of the city of Chino as well as the motoring public that use and navigate our roadways on a daily basis. The Chino Police Department has been fortunate enough to have our enforcement efforts bolstered by Grant Funding, specifically by OTS in years past, and have found that with the collaborative efforts with OTS, and allied partnerships developed because of OTS, we are able to effectively and efficiently identify emerging trends that compromise public and traffic safety. The residents of the city Chino and the motoring public who traverse our city's highways and city streets are equally affected by traffic related issues. Moreover, traffic is perhaps one of the most glaring and obvious quality of life issues that everyone in a cityscape endures. "Traffic" is the number one quality of life issue that affects the residents of chino and the motoring public. There constant drive and need for our city to continue its' development, from a rural farming community, to a community that welcomes contemporary industrial business as well as providing residency to our ever growing population. Obviously, transportation to navigate this evolution is a necessity. Whether on foot, in a bus, on a bicycle, or in a motor vehicle, the evolution of transportation combined with current city growth provides opportunities for law enforcement to engage with the community to identify trends and formulate solutions and countermeasures to enhance public and traffic safety.

2. PERFORMANCE MEASURES
A. Goals:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

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

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

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed 12 207

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Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.

3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
2 7. Send law enforcement personnel to the DRE Recertification training. 2

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
6 9. Conduct DUI Saturation Patrol operation(s). 29

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
12 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
12 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 4 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 4 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 15. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 Conduct all training needed to implement the program, in the first quarter.  Purchase all grant related supplies and materials to implement the program, in the first quarter.  Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements
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Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements

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

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
 News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

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coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
 Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

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

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

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

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

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

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

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT26016

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
405e DDL-26 20.616 Distracted Driving Laws $25,000.00
402PT-26 20.600 State and Community Highway
Safety
$45,000.00
164AL-26 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$140,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-26 $13,500.00 6 $81,000.00
DUI Saturation Patrols 164AL-26 $2,000.00 29 $58,000.00 Traffic Enforcement 402PT-26 $2,000.00 12 $24,000.00
Motorcycle Safety Enforcement 402PT-26 $2,000.00 4 $8,000.00 Pedestrian and Bicycle Enforcement 402PT-26 $2,000.00 4 $8,000.00 Distracted Driving Enforcement 405e DDL-
26 $2,083.33 12 $25,000.00
Category Sub-Total $204,000.00
B. TRAVEL EXPENSES
In State Travel 402PT-26 $5,000.00 1 $5,000.00
$0.00
Category Sub-Total $5,000.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-26 $1,000.00 1 $1,000.00
Category Sub-Total $1,000.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $210,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT26016

BUDGET NARRATIVE

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

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

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

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

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

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

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

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.

INDIRECT COSTS
-

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

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

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Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

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

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

NONDISCRIMINATION
(applies to subrecipients as well as States)

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

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38

State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT26016
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES

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

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

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

SPECIFIC ASSURANCES

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

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

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

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1] in every contract or agreement subject to the Acts and the Regulations.

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

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

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

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

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the 214

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

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

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

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

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

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)

The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

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

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

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

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

1. Abide by the terms of the statement;

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

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

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or 215

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

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)

The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

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

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

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

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

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

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

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

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

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

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

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

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

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

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

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

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

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

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

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

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

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

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and 217

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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

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

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

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

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

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

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

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

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

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

8. Nothing contained in the foregoing shall be construed to require establishment of a system of 218

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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

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

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

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

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

BUY AMERICA
(applies to subrecipients as well as States)

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

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

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

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

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

DISCLOSURE REQUIREMENTS

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

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

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

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

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)

The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE

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

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING

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

220

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

SUBJECT
..titl e
2024-25 State of California Office of Traffic Safety Motorcycle Safety Education and Training Program Grant.
..end

RECOMMENDATION
1) Authorize the acceptance of the 2024-25 Office of Traffic Safety Motorcyclist Safety Education and Training Program Grants combined for a total amount of $ 18,200; 2) appropriate $18,200 to the General Fund grant G4 264 with a corresponding increase to th e grant revenue; and 3) authorize the City Manager or designee to execute all necessary documents related to this grant on behalf of the City.
..body

FISCAL IMPACT
Appropriate $ 18,200 to the General Fund grant G4 264 with a corresponding increase to the grant revenue. The requested appropriation is fully offset by grant revenue and no local matching funds are requested.

Revenue: 1004000-59500-G4264

Expenditure: 1004000-40010-G4264
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 221
CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025
TITLE: 2024-25 STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY MOTORCYCLE SAFETY EDUCATION AND TRAINING PROGRAM GRANT.

PAGE: 2

BACKGROUND
The Chino Police Department has been awarded the “202 4-25 Motorcyclist Safety Education and Training Program” in the amount of $ 18,200 from the State of California - Office of Traffic Safety. The grant period is October 1, 202 5, through September 30, 202 6, and will cover the cost of hands -on motorcyclist safety courses, community outreach and public awareness campaigns, educational presentations, and workshops. Additionally, the grant covers the cost of training and campaign supplies.

The state funding of $18,200 will be allotted to the federal tracking number CF DA 20.616 - City Grant #G4264.

ISSUES/ANALYSIS
Throughout the grant year, the Chino Police Department will be able to conduct free motorcycle safety and training courses for the public, participate in traffic safety fairs and/or community events, and sen d officers to advanced motorcycle training. The State of California Office of Traffic Safety will reimburse the City of Chino for overtime expenditures, travel expenses, and other direct costs up to $ 18,200 to conduct the operations authorized under the Motorcyclist Safety Educations and Training Program grants.

Attachment: MC26002 Grant Agreement

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
MC26002

1. GRANT TITLE
Motorcyclist Safety Education and Training Program

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

To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Chino Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving motorcycles. The funded strategies may include hands-on motorcyclist safety courses, motorcyclist helmet usage training, classroom education, community outreach and public awareness campaigns, educational presentations, and workshops. These countermeasures should be conducted in communities with a high number of motorcycle related crashes.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $18,200.00

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

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

TITLE:

EMAIL:

PHONE:

ADDRESS:

Alex Courtney

Corporal

[email protected]

(909) 334-3170

5450 Guardian Way
Chino, CA 91710
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Linda Reich

City Manager

[email protected]

(909) 334-3491

13220 Central Avenue
Chino, CA 91710

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

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Ria Medina

Management Analyst

[email protected]

(909) 334-3062

5450 Guardian Way
Chino, CA 91710
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Stephanie Dougherty

Director

[email protected]

(916) 509-3030

2208 Kausen Drive Suite 300
Sacramento, CA 95758

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

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

EXPENDITURES
405f MC-26 20.616 0521-0890-101 2025 04/25 BA/25 $18,200.00

AGREEMENT
TOTAL $18,200.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $18,200.00

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

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

RGVNGHJR3NV5

5450 Guardian WAY
Chino
91710-4127
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
MC26002

1. PROBLEM STATEMENT

Describe the city, county, or jurisdiction this grant will impact.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

Chino has seen an increase in motorcycle traffic in the last few years. It is uncertain if it is because of the fuel prices, traffic congestion or for lower vehicle payments. We have found, with the crash investigations we have conducted, many of the riders we encounter are not properly trained or endorsed for motorcycle riding. Many of the crashes involve riders who recently purchased their motorcycles, or even borrowed a friend’s motorcycle. From 2016-2020, there were only four fatal crashes that involved a motorcyclist. That amounted to one in seven. In calendar year 2021 and 2022 the city had a total of eight fatal crashes and five of them were motorcyclists. Three of the five crashes involved a motorcyclist hitting a parked vehicle or fixed object and one additional crash where the rider panicked and laid the bike down to avoid a crash before impacting a very slow-moving vehicle. Thankfully, calendar year 2024 had a significant downturn in motorcycle fatalities with zero.

There were several other motorcycle crashes where the rider suffered severe injuries, but the mechanism of injury or advanced medical care prevented fatalities. Many of these crashes were from inexperienced riders that did not use good judgement or were unable to effectively avoid an avoidable crash. One such a crash involved a rider on a motorcycle who did not apply proper braking techniques and lost control of the motorcycle. Thankfully he did not parish in the crash.

Based on real world statistics in the city of Chino, and the positive response to the implementation of the Motorcycle Safety Classes offered to willing participants as part of last year's Motorcycle Safety Grant 225

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funding 2023-2024), it is evident that the citizens would benefit from the instruction that can be provided by trained officers. A curriculum that can offer experiences and statistics, coupled with practical riding training to improve not only the abilities of the rider, but their mindset as well.

The Chino Police Department has seen a recent uptick in the number of motorcycle traffic crashes. It is obvious that the state of California is known best for its' great weather, more specifically, great motorcycle riding weather. In fact, the highways and roadways that traverse the city of Chino are commonly used by motorcyclists on a daily basis throughout the year. There is a distinct difference in the crash rates between motorcycles and motor vehicles, and when broken down, it is evident the target measures to address the crash rates are directly related to the top three primary crash factors (PCF) that the Chino Police Department has identified: unsafe speed, improper turning, and right of way violations. These three primary crash factors serve as the framework for our Motorcycle Safety Presentations that we have implemented with our collaborative efforts with OTS currently, and in the past.

During the last Motorcycle Safety Grant Year (2023-2024), while participating in Motorcycle Safety Presentations and Training Days, it was evident, during my interaction with the class participants, that, generally, it was a common practice to register for a Motorcycle Training Class, which is comprised of approximately 5- hours of instruction and 10- hours of riding to obtain a motorcycle license. And after receiving the motorcycle license, no additional efforts were made to improve rider safety. The Chino Police Department's position during our Motorcycle Safety Presentations and Training Days is to promote life-long learners, and encourage motorcycle enthusiasts to attend and refer our Motorcycle Safety Presentations and Training Days to other motorcycle enthusiasts, regardless of skill level. Responsible, informed, and skilled motorcycle riders not only contribute to and promote traffic and public safety, but also contribute to the responsibility we all have to the overall safety of everyone within our transportation sphere.

Define the target population the grant intends to serve and how they are affected by the problem(s).

This grant will serve both the residents of the city of Chino as well as the motoring public that use and navigate our roadways on a daily basis. The Chino Police Department has been fortunate enough to have our enforcement efforts bolstered by Grant Funding, specifically by OTS in years past, and have found that with the collaborative efforts with OTS, and allied partnerships developed because of OTS, we are able to effectively and efficiently identify emerging trends that compromise public and traffic safety. The residents of the city Chino and the motoring public who traverse our city's highways and city streets are equally affected by traffic related issues. Moreover, traffic is perhaps one of the most glaring and obvious quality of life issues that everyone in a cityscape endures. "Traffic" is the number one quality of life issue that affects the residents of chino and the motoring public. There constant drive and need for our city to continue its' development, from a rural farming community, to a community that welcomes contemporary industrial business as well as providing residency to our ever growing population. Obviously, transportation to navigate this evolution is a necessity. Whether on foot, on a horse, in a bus, on a bicycle, or in a motor vehicle, the evolution of transportation combined with current city growth provides opportunities for law enforcement to engage with the community to identify trends and formulate solutions and countermeasures to enhance public and traffic safety.

As the number of people interested in motorcycle operation and use continue to grow, motorcycle traffic crash statistics should still serve as a reminder to all about the importance of prioritizing roadway safety; and roadway safety begins with the implementation of foundational knowledge and good safety instruction provided by the Chino Police Department in collaboration with OTS.

2. PERFORMANCE MEASURES
A. Goals:

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

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

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

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

B. Objectives: Target Number

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your OTS Coordinator, for approval 7 days prior to the issuance date of the release.

2. Conduct free to the public motorcyclist safety and training courses throughout the grant year.
4 3. Update and maintain Department website and/or Social Media platforms to further promote motorcyclist safety to the public and to promote educational goals of safe motorcycle riding.
4 4. Participate in Motorcycle Safety Month in May. 1

5. Conduct motorcyclist safety and road sharing presentations at appropriate venues or community events.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  Develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 Conduct all training needed to implement the program, in the first quarter.  Purchase all grant related supplies and materials to implement the program, in the first quarter.  Items with a unit cost of $5,000 or more (including tax and shipping) must comply with Buy America.

Media Requirements
 Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

The department will continue to work on creating media opportunities throughout the grant period to educate the public by providing general information related to grant related activities.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements

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 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

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

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

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

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

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
MC26002

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
405f MC-26 20.616 Motorcyclist Safety Grants $18,200.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
Motorcyclist Training Instruction 405f MC-
26 $4,365.00 4 $17,460.00
Motorcyclist Safety Presentation 405f MC-
26 $370.00 2 $740.00
Category Sub-Total $18,200.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $18,200.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
MC26002

BUDGET NARRATIVE

PERSONNEL COSTS
Motorcyclist Training Instruction - Overtime for grant funded Motorcyclist safety education classes conducted by appropriate department personnel.

Motorcyclist Safety Presentation - Overtime for grant funded traffic safety education at fairs and/or community events conducted by appropriate department personnel.

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
-

INDIRECT COSTS
-

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

231

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Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)

Applicable provisions include, but are not limited to, the following:

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

NONDISCRIMINATION
(applies to subrecipients as well as States)

State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
MC26002
232

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

GENERAL ASSURANCES

SPECIFIC ASSURANCES

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

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1] in every contract or agreement subject to the Acts and the Regulations.

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

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)

1. The dangers of drug abuse in the workplace;

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

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

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

1. Abide by the terms of the statement;

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

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or 234

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POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)

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

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

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

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

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

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

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CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and 236

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

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

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

8. Nothing contained in the foregoing shall be construed to require establishment of a system of 237

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CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

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

BUY AMERICA
(applies to subrecipients as well as States)

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

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

DISCLOSURE REQUIREMENTS

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2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)

The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING

239

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

SUBJECT
..titl e
Approval of Amendment No. 1 to Professional Services Agreement with Brightlife Designs, LLC. ..end

RECOMMENDATION
Approve Amendment No. 1 to the Professional Services Agreement with Brightlife Designs, LLC (Contract 2025-088) for the addition of holiday light installation and removal services for City - maintained trees , in the amount of $26,425, for a total contract amount of $156,353.50 per fiscal year s FY 2025 -26 through FY 2028-29; and authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
There are sufficient funds in the FY2025 -26 Operating Budget for Fund 360 Landscape and Lighting.

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

Revenue: Click or tap here to enter text.

Expenditure: 3607210-43580
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 240
CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025
TITLE: APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH BRIGHTLIFE DESIGNS, LLC.

PAGE: 2

BACKGROUND
Each year, beginning in late fall, Public Works Park staff are responsible for installing holiday lighting on approximately fifty -three (53) City -maintained trees along Central Avenue, between Chino Avenue and C Street, as well as around City Hall in preparation for the winter holiday season. This task typically begins in early November, which takes approximately four staff members four (4) weeks to ensure timely completion prior to holiday events and festivities.

Historically, this work has required the allocation of four Public Works Park staff members at a time and involves the use of ladders, boom truck operations, and the implementation of appropriate traffic control measures. Once the holidays are over , staff removes the holiday lighting, taking approximately three (3) weeks to complete.

While this annual effort contributes significantly to the community's festive atmosphere and enhances the appearance of City facilities, it also places a considerable strain on existing staffing resources. The Public Works park team is already responsible for a broad range of daily operational duties including but not limited to park maintenance, park equipment replacements and repairs, irrigation, and emergency respons e calls. The additional demand of the holiday lighting wrapping results in the redirection of staff away from essential maintenance tasks, leading to service delays and potential lapses in routine operations.

ISSUES/ANALYSIS
As a result of increased maintenance demands, as well as maintaining regular service levels, contracting out the installation and removal of holiday lights on City-maintained trees contracting out the installation and removal of holiday lights on City -maintained trees has become a necessary measure. Utilizing a specialized vendor will allow for a more efficient, timely, and professionally executed installation, while enabling City staff to remain focused on core responsibilities and uninterrupted service delivery throughout the holiday season.

Staff recommends that the City Council approve Amendment No. 1 to the professional services agreement with Brightlife Designs, LLC for the addition of holiday light installation and removal services for City maintained trees in the amount of $26,425 for a total contract amount not to exceed $156,353.50 per fiscal year from FY 2025-26 through 2028-29.

Attachment: Amendment No. 1 – Brightlife Designs, LLC

241
Project Name/No.: Rental of a City Hall Holiday Contract No.: 2025-088 (A1) Tree, Lighting, and Decorations

Project Manager: PW / K. Martinez Approved: ____________

AMENDMENT NO. 1

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and BRIGHTLIFE DESIGNS, LLC, a California limited liability company (“Consultant”) is effective as of the 1st day of July, 2025.

RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated July 16 th, 2024 (“Agreement”) whereby Consultant agreed to provide the Rental of a City Hall Holiday Tree, Lighting, and Decoration services.

B. City and Consultant now desire to amend the Agreement to add to the scope of work, extend the term of the agreement, and increase compensation for provision of an additional fiscal year (2025-2026) of services.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) The scope of services provided in “Exhibit A” of the Agreement is amended to include the additional scope of services described in “Exhibit A-2”, attached hereto. (b) Section 2.1, Contract Sum, is hereby revised and shall read in its entirety as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C -2” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Fifty-Six Thousand Three Hundred Fifty-Three Dollars and Fifty Cents ($156,353.50) for services rendered per each fiscal year, for a total contract amount not -to-exceed Seven Hundred Fifty-Five Thousand, Three Hundred Forty-Two Dollars and Fifty Cents ($755,342.50) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.” (c) Section 3.4, Term, is hereby revised and shall read in its entirety as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 202 9, except as otherwise provided in the Schedule of Performance (Exhibit “D”).”
242
01225.0001/863605.1

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a mat erial default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.

[SIGNATURES ON FOLLOWING PAGE]

243
01225.0001/863605.1

IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

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

CONSULTANT:

BRIGHTLIFE DESIGNS, LLC

By:

Name: Joe Castro
Title: Owner
By:

Name: Will Gugerty
Title: Business Development Manager

Address:16351 Gothard Street, Ste C
Huntington Beach, CA 92647

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 244

01225.0001/863604.2 A2-1
EXHIBIT “A-”

SCOPE OF SERVICES
Installation & Removal:

Rental - Installation and Removal of Brightlife Designs Warm White Brown Cord Coxial Lights on approximately Fifty-Three (53) Trees surrounding Chino City Hall. Trees vary in size from small, medium, and large. Focus areas include City Hall inner/outer lawns, Medians on Central Avenue between C Street and Chino Avenue.

Large Trees - Approximately Thirty-Six (36) Large Trees to be wrapped.

Trees will be wrapped approximately Twelve - Fifteen feet up. Some major limbs may be wrapped on applicable trees. Approximately Twelve (12) strands used per tree. Price per tree $575.

Medium Trees - Approximately Seven (7) Medium Trees to be wrapped.

Trees will be wrapped approximately Ten - Twelve feet up. Some major limbs may be wrapped on applicable trees. Approximately Eight (8) strands used per tree. Price per tree $425.

Small Trees - Approximately Ten (10) Small Trees to be wrapped.

Trees will be wrapped approximately Eight - Ten feet up. Some major limbs may be wrapped on applicable trees. Approximately Four (4) strands used per tree. Price per tree $275. 245
0 1225.0001/863604.2 A2-2
246
R
ef # Item Description Qty. Year 1 Year 2 Year 3 Year 4 Year 5 1 48’ tall artificial pine-type tree installed with
lighting and ornaments decorations (Gold,
Silver, Red, and Green)
1 $ 73,650.00 $ 73,650.00 $ 73,650.00 $ 73,650.00 $ 73,650.00 2 Install a 5’ pre-lit star tree topper 1 $ 503.50 $ 503.50 $ 503.50 $ 503.50 $ 503.50 3 17’x17’ Ornament walk-through (Photo Op) 1 $ 11,500.00 $ 11,500.00 $ 11,500.00 $ 11,500.00 $ 11,500.00 4 10’ Snowflake (Photo Op) or similar size
display 1 $ 7,850.00 $ 7,850.00 $ 7,850.00 $ 7,850.00 $ 7,850.00 5 10’ Reindeer (Photo Op) or similar size display 2 $ 19,700.00 $ 19,700.00 $ 19,700.00 $ 19,700.00 $ 19,700.00 6 8’ Stand behind photo frame (Photo Op) or
similar size display 2 $ 9,130.00 $ 9,130.00 $ 9,130.00 $ 9,130.00 $ 9,130.00 7 14 Lighted garland and bow on all City Hall
lawn light poles 14 $ 7,595.00 $ 7,595.00 $ 7,595.00 $ 7,595.00 $ 7,595.00 $ 129,928.50 $ 156,353.50 $ 156,353.50 $ 156,353.50 $ 156,353.50 OPTION D – 48’ TREE RENTALT
OTAL 1-8
(FY2024-25) (FY2025-26) (FY2026-27) (FY2028-29)(FY2027-28) EXHIBIT “C-2 ”
SCHEDULE OF COMPENSATION 8
53I
nstallation & Removal of Lights to Various
City Trees surrounding Chino City Hall.
(Includes Large - Small Trees) $

0.00 $ 26,425.00 $ 26,425.00 $ 26,425.00 $ 26,425.00 247

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

SUBJECT
..titl e
Subdivision Improvement Agreement Parcel Map No. 20174 – East End LLC. ..end

RECOMMENDATION
1) Approve Parcel Map No. 20174; 2) approve a Subdivision Improvement Agreement with East End LLC for Parcel Map No. 20174 ; and 3) 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. Construction and cost of off-site improvements 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. 248
CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025
TITLE: SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 20174 - EAST END LLC.

PAGE: 2

BACKGROUND
Project PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174) involve the construction of three industrial building s, totaling approximately 63,900 square feet , in a proposed subdivision of 3.95 gross acres of land into three parcels for each of the three proposed industrial buildings. The projects are located at the northwest corner of Philadelphia Street and East End Avenue as depicted in Exhibit A. The subject property is currently vacant land that was previously within the City’s Sphere of Influence, prior to its recent annexation through the East End Annexation from unincorporated San Bernardino County.

The Engineering Conditions of Approval (COA) for this development require public improvements, including but not limited t o: the widening of Philadelphia Street and East End Avenue along the project frontage; construction of new sidewalks, curb and gutter , ADA- compliant curb ramps and crosswalks, and new streetlights; removal of two existing storm drain inlets and replacement with catch basins connected to the existing storm drain system; and installation of new traffic signals to provide a fully signalized intersection. To guarantee the completion of these public improvements, the developer is required to enter into a Subdivision Improvement Agreement ( SIA) and obtain the necessary securities for the improvements. The final engineering 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 SIA for Parcel Map No. 20174 and by posting the necessary securities to guarantee the construction of public improvements conditioned for this development. The City Attorney reviewed and approved the SIA and respective securities, which are attached as Exhibit B.

Attachments: Exhibit A – Location Map Parcel Map No. 20174 Exhibit B – Subdivision Improvement Agreement

249
250
01225.0006/366470.2 Updated 10-2020

SUBDIVISION IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and

EAST END LLC
251
01225.0006/366470.2

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

EAST END LLCA
greement Date: November 4, 2025
Subdivider Name: East End LLC
Subdivision Description: Approval to subdivide 3.59 acres of land into three parcels and construct three (3) light industrial warehouse facilities with office space, totaling approximately 60,000 square feet. The site is located at the northwest corner of Philadelphia Street and East End Avenue on Assessor’s Parcel Number (APN) 1013-521-04. The project also includes annexation of approximately 56.87 acres, including the 3.59-acre project site, from San Bernardino County to the City of Chino and would include a zone change from San Bernardino County zoning designations Regional Industrial (IR), Community Industrial (IC), and SingleFam- ily Residential (RS-20M) to City of Chino zoning designations Light Industrial (M1) and General Industrial (M2); this is referred to as the East End Annexation.

Tentative Map No.: PM 20174
Estimated Total Cost of Improvements: $1,340,800.00
Estimated Total Cost of Monumentation : $6,000 (based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

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

CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
East End LLC
c/o Michael Preet Niijar
4900 Santa Anita Ave #2C
El Monte, CA 91731
Cell: (626) 258-3374
[email protected]
[email protected]

CITY PROJECT INSPECTOR
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
253
01225.0006/366470.2

TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval

1.3 Intent of Plans

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.10 Documents Available at the Site

1.11 Inspection

1.12 Compliance with Law; Applicable Standards for Improvements

1.13 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.15 Final Acceptance of Works of Improvement

1.16 Vesting of Ownership

1.17 Subdivider’s Obligation to Warn Public During Construction

1.18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service

5.1 Subdivider Responsible for All Related Costs of Construction 254
01225.0006/366470.2

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

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Subdivider’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Subdivider is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14.Authority
255
01225.0006/366470.2
1S

UBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 4th day of November 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 East End, a California Limited Liability Company (Subdivider”).

RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative Parcel Map No. 20174, (the “Map”), located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”. The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the “Conditions”) as described on Exhibit “B”.

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

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

D. Subdivider’s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Parcel Map No. 20174 for the Property and permitting development of the Property to proceed.

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

1. Construction Obligations.

1.1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto (the “Works of Improvement”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and 256
01225.0006/366470.2
2 specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $1,340,800.00.

1.2. Other Obligations Referenced in Conditions of Tentative Map Approval . In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit “B”attached hereto.

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

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

1.4. Survey Monuments . Before final approval of street improvements, Subdivider shall place survey monuments as shown on Parcel Map No. 20174 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

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

1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually 257
01225.0006/366470.2
3 agree upon changes to the Works of Improvement , subject to the security requirements in Section 4.

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

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

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

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

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

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

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

1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law. 258
01225.0006/366470.2
4 Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

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

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

1.14. Erosion and Dust Control and Environmental Mitigation . All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

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

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

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

The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
259
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5 1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.

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

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

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

2. Time for Performance.

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

2.2. Phasing Requirements . Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider ’s failure to satisfy such phasing requirements, as 260
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6 the same now exist or may be amended from time to time, Subdivider acknowledges City ’s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer ’s satisfaction.

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

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

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

3. Labor.

3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.

3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (“FEHA”), California Government Code Section 12940 et seq., Subdivider agrees 261
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7 that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status . Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

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

3.4. Worker’s Compensation . Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers ’Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

4. Security.

4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider ’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $1,340.800.00 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 $670,400.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $6,000 equal to 100% of the cost thereof.
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8 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, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument”), in the amount of $134,100.00 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.
(b) Letters of Credit . For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit . For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
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9 (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider ’s completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. (iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.

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

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as 264
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10 provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City ’s security interest in such account.

4.5. Release of Security Instruments . The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8 , Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California . If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney ’s fees.

5. Cost of Construction and Provision of Inspection Service.

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

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

Subdivider shall compensate City for all of City ’s costs reasonably incurred in having its 265
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11 authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

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

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

7. Warranty of Work . Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider’s failure to timely complete construction of the Works of Improvement;
(c) Subdivider’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; 266
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12 (d) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider’s failure to perform any other obligation under this Agreement.

8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider ’s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City ’s damages in the event of default by Subdivider. The City ’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City ’s damages for Subdivider ’s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider ’s surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider ’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.

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

8.4. Attorney’s Fees and Costs . In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of Subdivider ’s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney ’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney ’s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have 267
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13 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 Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

9. Indemnity/Hold Harmless . City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements.

Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement p lans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

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

Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.
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14 10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney ’s fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.

11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a fo rm approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’and contractors’protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non - owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers ’Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
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15 (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, Subdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers ’Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Subdivider shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self -insure workers ’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.”
(iii) “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non -payment of premium. ” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv ) hereinabove “Cancellation Notice ” is the only endorsement required of the Workers’Compensation and Employers’ Liability policy.
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16 (e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider ’s insurance company as evidence of the coverage required herein and shall be mailed to:

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

12. Environmental Warranty.

12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit “C”attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. (b) Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Subdivider has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
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17 12.2. Subdivider 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) Subdivider’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.1. Successors and Assigns . This Agreement shall be binding upon all successors and assigns to Subdivider ’s right, title, and interest in and to the Property and any portion thereof. Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City ’s approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider’s responsibilities with regard to this Agreement, (the “Replacement Subdivider ”), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City ’s approval of this Agreement, shall remain Subdivider’s responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the “Transfer Agreement”), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider ’s responsibility to furnish replacement Security Instruments meeting the City’s approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City ’s approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City ’s approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

13.2. No Third -Party Beneficiaries . This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdiv ider intend to create any third -party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 272
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18 13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider ’s rights with respect to any change in any zoning or building law or ordinance.

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

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

13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail.

Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.

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

13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing, therefore. Nor shall anything in the Agreement commit City to any such apportionment.

13.8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

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

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

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

13.12. Entire Agreement; Waivers and Amendments . This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
273
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19 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]
274
01225.0006/366470.2
20 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ _____________________________ Fred Galante, City Attorney Hye Jin Lee, P.E.

Director of Public Works

EAST END LLC
By:

Its: Authorized Agent
Michael Brown

CITY OF CHINO
Dr. Linda Reich, City Manager
Date:

ATTEST:

By:

Natalie Gonzaga, City Clerk
Dated: ___________________________
275
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276
01225.0006/366470.2 A-1
EXHIBIT “A”

LOCATION MAP
277
278
01225.0006/366470.2 B-1
EXHIBIT “B”
TENTATIVE PARCEL MAP NO. 20174 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.

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

C. Relocation of all public utility structures as necessary to properly construct the required improvements.

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

E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.

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

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

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

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

J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.

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

L. Street signs at intersections per the City Standards.

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

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 279
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20174
LOCATION : NW Corner of Philadelphia St and East End Ave By: Huitt-Zollars, Inc.

DATE: 2/28/2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal 800.00$ -$
CY Concrete Removal 325.00$ -$
223 CY AC Pavement Removal 100.00$ 22,300.00$ CY Imported Common Fill (Incl. Compaction) 34.00$ -$ 34331 SF Preparation of Subgrade, Sidewalk and Paving 1.00$ 34,331.00$ 753 LF PCC 8" Curb & 24" Gutter on 6" AB 26.00$ 19,578.00$ LF PCC 6" Curb & 24" Gutter on 6" AB 24.00$ -$ LF PCC Curb Only 20.00$ -$
138 LF 8" A.C. Berm 20.00$ 2,760.00$
SF 8" PCC Cross Gutter on 6" AB 16.00$ -$ 1973 SF 4" PCC Sidewalk 5.80$ 11,443.40$ SF 6" PCC Thick Drive Approach on 6" AB 12.50$ -$ 1790 SF 8" PCC Thick Drive Approach on 6" AB 15.00$ 26,850.00$ 206 LF 2" x 6" Redwood Header 7.50$ 1,545.00$ 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$ -$
60 TON AC Variable - <300T, 2" Overlay 130.00$ 7,800.00$ 923 TON 5" AC Variable - >300T 120.00$ 110,809.00$ TON CAB Variable - <300T 100.00$ -$
917 TON 6" CAB Variable - >300T 90.00$ 82,530.00$ EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 280
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20174
LOCATION : NW Corner of Philadelphia St and East End Ave By: Huitt-Zollars, Inc.

DATE: 2/28/2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
1 EA Adjust Sewer Manhole to Grade 950.00$ 950.00$ EA Adjust Sewer Cleanout to Grade 500.00$ -$ 2 EA Adjust Gas Valve to Grade 525.00$ 1,050.00$ 2 EA Street Light (City Owner) 7,700.00$ 15,400.00$ 1 EA Electrical Pedestal 6,500.00$ 6,500.00$
2 EA Lot Monument Setting Fee 550.00$ 1,100.00$ LF Sawcut A.C. 3.00$ -$
LF Sawcut Concrete 3.00$ -$
4950 SF Cold Plane A.C. 2" Thick 0.28$ 1,386.00$ LF Signing & Striping for
1530 Arterial 19.00$ 29,070.00$
Collector 13.00$ -$
Local 7.00$ -$
1 EA Traffic Signal (8 - Phase Controller) 350,000.00$ 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 281
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20174
LOCATION : NW Corner of Philadelphia St and East End Ave By: Huitt-Zollars, Inc.

DATE: 2/28/2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
6692 SF
Landscape (Including shrubs, Hardscape, Irrigation, Ground Cover, Lighting, Installation Labor and Connection to
Existing Systems) 15.00 $ 100,380.00 $
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$ -$
3 EA S.W. Ramps (A.D.A. Compliant) 4,000.00$ 12,000.00$ EA Traffic Signal Loops 600.00$ -$
82 SF Detectable truncated domes surfacing 20.00$ 1,640.00$ 2 EA Exist. Fire hydrant/blowoff to be relocated behind curb 3,000.00$ 6,000.00$ 2 EA Monumentation Preservation 1,500.00$ 3,000.00$ 71 SF Local depression for curb inlet catch basin 15.00$ 1,065.00$

STREETS
STREET SUBTOTAL 849,487.40 $
1 LS Mobilzation (5% of Construction Cost) 5% 42,474.37$ 1 LS Traffic Control (5% of Construction Cost) 5% 42,474.37$ 1 LS Clear & Grub Site (5% of Construction Cost) 5% 42,474.37$ 1 LS Excavation (Clean Material) (5% of Construction Cost) 5% 42,474.37 $ GRAND TOTAL STREETS ONLY 1,019,384.88 $
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 282
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20174
LOCATION : NW Corner of Philadelphia St and East End Ave By: Huitt-Zollars, Inc.

DATE: 2/28/2025
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ -$ 14 CY Pipe Bedding & Compaction (Imported) 90.00$ 1,240.00$ 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$ -$
3 EA 2" Water Service/Meter 4,500.00$ 13,500.00$ WATER
WATER SUBTOTAL 14,740.00 $
1 LS Mobilzation (5% of Construction Cost) 5% 737.00$
1 LS Traffic Control (5% of Construction Cost) 5% 737.00 $ GRAND TOTAL WATER ONLY 16,214.00 $
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 283
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20174
LOCATION : NW Corner of Philadelphia St and East End Ave By: Huitt-Zollars, Inc.

DATE: 2/28/2025
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, 2021 284
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20174
LOCATION : NW Corner of Philadelphia St and East End Ave By: Huitt-Zollars, Inc.

DATE: 2/28/2025
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring 15.00$ -$
LF
4" Installed, including excavation, bedding, backfill and pavement restoration $75.00 - $
LF
8" Installed, including excavation, bedding, backfill and pavement restoration $93.00 - $
LF
10" Installed, including excavation, bedding, backfill and pavement restoration $103.00 - $
LF
12" Installed, including excavation, bedding, backfill and pavement restoration $123.00 - $
LF
15" Installed, including excavation, bedding, backfill and pavement restoration $143.00 - $
LF
18" Installed, including excavation, bedding, backfill and pavement restoration $163.00 - $
LF
21" Installed, including excavation, bedding, backfill and pavement restoration $193.00 - $
LF
24" Installed, including excavation, bedding, backfill and pavement restoration $208.00 - $
3 EA Sewer Saddle $450.00 1,350.00$
EA Wyes 4" x 8" Typical $225.00 -$
EA 48" Sewer Manhole $4,700.00 -$
EA 60" Sewer Manhole $7,500.00 -$
3 EA Sewer Cleanout $1,800.00 5,400.00$
140 LF
6" Installed, including excavation, bedding, backfill and pavement restoration 84.00 $ 11,760.00 $
SEWER
SEWER SUBTOTAL 18,510.00 $
1 LS Mobilization (5% of Construction Cost) 5% 925.50$
1 LS Traffic Control (5% of Construction Cost) 5% 925.50 $ GRAND TOTAL SEWER ONLY 20,361.00 $
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 285
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20174
LOCATION : NW Corner of Philadelphia St and East End Ave By: Huitt-Zollars, Inc.

DATE: 2/28/2025
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$ -$
1 EA Junction Structure #2 (24" or larger) 8,850.00$ 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$ -$
1 EA Catch Basin 10' Width/L.D. 9,950.00$ 9,950.00$ EA Catch Basin 14' Width/L.D. 11,000.00$ -$
EA Catch Basin 21' Width/L.D. 13,000.00$ -$
47 LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 200.00 $ 9,400.00 $ 66 LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 240.00 $ 15,840.00 $ 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 286
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20174
LOCATION : NW Corner of Philadelphia St and East End Ave By: Huitt-Zollars, Inc.

DATE: 2/28/2025
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 $ - $
11 LF
Remove conflicting portions of existing pipe and existing inlet structure 100.00 $ 1,100.00 $
1 EA Concrete collar 2,000.00$ 2,000.00$
SF Utility trench 15.00$ -$
2 EA Adjust manhole to grade 950.00$ 1,900.00$

STORM DRAIN
STORM DRAIN SUBTOTAL 49,040.00 $
1 LS Mobilization (5% of Construction Cost) 5% 2,452.00$ 1 LS Traffic Control (5% of Construction Cost) 5% 2,452.00 $ GRAND TOTAL STORM DRAIN ONLY 53,944.00 $
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 287
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20174
LOCATION : NW Corner of Philadelphia St and East End Ave By: Huitt-Zollars, Inc.

DATE: 2/28/2025
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 1,019,384.88 $
GRAND TOTAL WATER ONLY 16,214.00 $
GRAND TOTAL RECYCLED WATER ONLY - $
GRAND TOTAL SEWER ONLY 20,361.00 $
GRAND TOTAL STORM DRAIN ONLY 53,944.00 $

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE

DETERMINATION)
1,109,903.88 $
PROJECT ADDITIVES Project Contingencies 10% 110,990.39 $ Construction Staking 3% 33,297.12$
Soils Testing 1% 11,099.04$
Material Testing 1% 11,099.04$
Construction Inspection 4.8% 53,275.39$
Contract Administration 1% 11,099.04$
GRAND TOTAL (FOR BOND AMOUNTS) 1,340,763.89$
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 288
RESOLUTION NO 2022-007

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM 20174
LOCATION : NW Corner of Philadelphia St and East End Ave By: Huitt-Zollars, Inc.

DATE: 2/28/2025
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By:

R.C.E. Number:

Expiration:

Place R.C.E. Stamp and Signature Here (required)

BY CITY
Faithful Performance Bond (100% of Construction Cost) 1,340,800.00 $ Labor & Material Bond (50% of Construction Cost) 670,400.00 $ Warranty Bond (10% of Construction Cost) 134,100.00 $
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 David White
52921
12/31/26
289

DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL Reviewed/Approved By: JP Date: 7/12/13

PARCEL MAP NO. 20174 (PL20-0005)

DATE: July 6, 2023 PC MEETING DATE: July 19, 2023

PROJECT DESCRIPTION: Three concrete tilt-up buildings (warehouse/manufacturing) on 3.95 AC.

PROJECT LOCATION: NWC East End Avenue & Philadelphia Street

APPLICANT: Lankershim Industrial, Inc. PROJECT ENGINEER: Isidro Abreo

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

APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE

THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS, INCLUDING THE CONSTRUCTION DRAWINGS.

1.0 PRIOR TO MAP RECORDATION:

1.1 Provide a preliminary Title Report no older than 60 days.

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

1.3 Make the following dedications:

Street Name Distance Direction From C/L
East End Avenue 52-ft West
Philadelphia Street 52-ft North

1.3a Dedicate to the City a corner cutoff dedication at the northwest corner of East End Ave. and Philadelphia St., per City Municipal Code.

1.3b Prepare and record necessary drainage easements to implement the project in accordance with drainage law.

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

1.5 Provide a set of proposed Covenants, Conditions and Restrictions (CC&R) for review and approval.

The proposed CC&Rs shall contain the Association’s/Owner’s maintenance obligations concerning various facilities , including, but not limited to, right -of-way landscaping, private driveways, sidewalks, utilities, street lights, and Water Quality Management Plan (WQMP) features. This document must be submitted to and approved by the City before it is submitted to any other governmental entity.

1.6 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 2.7. All security must be accessible to the City at any time and in a form acceptable to the City Engineer, pursuant to Government Code, Section 66499.
290
PARCEL MAP NO. 20174 2 July 6, 2023

1.7 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.

1.8 Complete and file the petition for annexation of your project property to the City's Landscape and Street Lighting Maintenance District MD 2002-1.

1.9 Comply with all applicable requirements of the City Municipal Code.

1.10 Provide a Pedestrian Accessibility Plan that labels and indicates the path location and conceptual design of the following structures and facilities:
a. Sidewalks and walks (public right of way sidewalk, walks within the development); b. Curb ramps should be directional with one curb ramp provided for each pedestrian crossing and shall comply with the City’s Policy of Accessible Pedestrian Facilities:
i. NWC East End Ave & Philadelphia St
ii. SWC East End Ave & Philadelphia St
iii. NEC East End Ave & Philadelphia St
iv. SEC East End Ave & Philadelphia St
c. Pedestrian crossings at driveways;
d. Crosswalks (marked & signalized) at the north, west, south and east legs of the East End Ave & Philadelphia St intersection, and
e. Path of travel from right-of-way to each commercial building pad

1.11 The P edestrian Accessibility Plan requested in 1.10 should clearly indicate structures that are proposed with this site and future per other phases and/or site plans. Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with accessibility standards in the City’s Policy on Accessible Pedestrian Facilities, the current edition of the CBC in effect at the time of building permit issuance or, if no permit, the date construction commences, and Part 36 of Title 28 of the Americans with Disabilities Act (ADA) regulations, which include the 2010 ADA Standards

1.12 Existing pedestrian facilities on the frontage of the development, open to the public within the development, shall be evaluated for accessibility. The street frontage includes all adjacent pedestrian facilities created by, extended from, or connected to any required or provided sidewalk improvements. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and other associated pedestrian facilities. a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project:
i. sidewalks/walks – along project frontage (East End Ave and Philadelphia St) ii. curb ramps (directional/perpendicular)
 Northwest, southwest, northeast, and southeast corners of the East End Ave and Philadelphia St intersection.
iii. crosswalk pavement and associated pedestrian facilities (pedestrian push buttons, maneuvering, clear space)
 North, south, east, and west leg of the East End Ave and Philadelphia St intersection.
iv. driveway approaches crossings
 One (1) right-in/ right-out driveway on East End Ave.  One (1) full-access driveway on East End Ave.
 One (1) full-access driveway on Philadelphia St.
v. No on-street parking allowed along both Philadelphia St. and East End Ave.

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 291
PARCEL MAP NO. 20174 3 July 6, 2023

standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City.

c. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications (running and cross slopes of all pedestrian walking surfaces, locations 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.

1.13 Pay all applicable fees pursuant to City Municipal Code , including, but not limited to, plan check fees, inspection & permit fees.

2.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:

2.1 Record Parcel Map No. 20174 pursuant to the Subdivision Map Act and in accordance with City Municipal Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office.

2.2 All required plans and studies shall be prepared by a Registered Professional 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 p ermit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch x 8 1/2-inch standard format.

2.3 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Plan of Drainage (MPD) by identifying off -site and on -site stormwater runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connec tion points and all downstream drainage- mitigating measures. The study shall ensure that the post - development runoff is less than equal to 80% of the pre-development run-off.

2.4 Prepare and submit a final grading plan showing building footprints, pad elevati ons, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.

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

2.6 Design and install a monitoring manhole (per City Standard No. 530) on each domestic sewer lateral connection from any industrial building into the City's main sewer or into a private sewer main that is tributary to the City's main sewer. In addition, design and install a sampling Wye on a stubbed-out sewer lateral connection into the main sewer for each industrial building in this development.

2.7 Design full public improvements for all impacted and interior streets/facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements may include, but not be limited to, the following:
(Please coordinate and verify all requirements with the project engineer.) 292
PARCEL MAP NO. 20174 4 July 6, 2023

Street Names
East End Avenue(1) Philadelphia Street(1)
Curb & Gutter (Offset from Centerline) X(36’) X(36’)
Sidewalk (Width) X(5’) X(5’)
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline) (2)

X(34’) X(34’)
Asphalt Concrete Overlay X X
Street Lights(3) X X
Median Island and Landscaping
Parkway Landscaping(4) X X
Striping and Traffic Controls (5) X X
Traffic Signal Interconnect X X
Traffic Signal(6) X X
Sewer(7) X
Storm Drain(8)
Domestic Water(9) X
Recycled Water
Fire Hydrants as required by CVIFD(10) X X
Project Driveways(11) X X
(1) Remove and/or repair any damaged, broken, abandoned, or sub- standard improvements resulting from the project. Relocation of existing appurtenances (e.g. fire hydrants, power poles, blowoffs, etc.) may be required to accommodate the required improvements. (2) Fully reconstruct the existing pavement section along the property frontage from the centerline of the street to the edge of pavement.
(3) Adequate lighting is required for pedestrian facilities and proposed bike lanes (Class II or III bike facilities on East End Ave and Philadelphia St), in addition to vehicular use. Streetlights, where required, shall be designed and constructed per current Chino standards and specs. (4) The parkway maintenance shall be the property owner’s responsibility. Parkway landscaping and irrigation installation are required to be installed along the project frontage. (5) The City Traffic Engineer shall determine the limits of the signing and striping improvements. (6) As part of the new construction of sidewalk, curb/gutter and curb ramps, a new traffic signal is required at the intersection of East End Ave and Philadelphia St. (7) Abandon unused sewer services per City standards, where applicable. Proposed service connections to the existing public sewer main shall be constructed using revised as-built plans and following City standards for street trenching backfill and repair. (8) Construct a storm drain catch basin at the northwest corner of Philadelphia St and East End Ave that connects to the existing storm drain along East End Avenue. (9) Abandon unused water services per City standards, where applicable. Proposed service connection and metering to the existing public sewer main shall be constructed using revised as-built plans and following City standards for street trenching backfill and repair. (10) In addition to the required construction of new fire hydrants per Chino Valley Independent Fire District’s requirements, existing fire hydrants may also need to be relocated to accommodate pedestrian facilities and street widening improvements. (11) The proposed driveways at both East End Ave and Philadelphia St shall be constructed per City Std. 250 with 5-ft sidewalks.

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PARCEL MAP NO. 20174 5 July 6, 2023

2.8 All improvements shall comply with federal, state, and local accessibility regulations and standards.

The review or approval of plans and specifications by the City does not permit the violation of any section of the federal law, state law, building code, or local ordinance. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) condition shall apply. Where the project’s conditions of approval confli ct with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.

2.9 Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, pursuant to City Municipal Code, Chapter 13.32.

2.10 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, the Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFDF). The actual amount of fees due to the City will be based on the fee schedule in place on the date that the fees are due, or the date that they are paid, whichever occurs last. The fee amount stated in this notice is subject to change based on (1) annual adjustments for inflation, pursuant to Chino Municipal Code, Chapter 3.40.100 or 3.45.100, (2) revisions to the Chino Municipal Code, and (3) updates to the fee studies and nexus reports adopted by the City.

Developer is s olely responsible for remaining informed about changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Chapter 3.40.080(B) or 3.45.080(B).

2.11 All projects developing one (1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board’s (SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent (NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger’s Identification Number (WDID), issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of grading permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling (916) 341 -5537 or on the SWRCB web site at http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml

2.12 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8- 2010-0036, NPDES Permit No. CAS618036, prepare a project -specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce poll utants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio-treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requir ements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.

2.13 Any future maintenance and repair of sewer laterals, except for the portion of lateral located within the public right-of-way or public easement, and domestic water or fire service laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, Chapter 13.04.175 and 13.12.150.

2.14 Convey ownership of all onsite water wells , where existing, to the City and convert to monitoring wells as directed by the City’s Public Works Environmental staff and Water Utilities Supervisor.

Prepare and record any necessary easements to provide the City with access to the monitoring 294
PARCEL MAP NO. 20174 6 July 6, 2023

wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed (per City Standard No. 465).

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

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

2.17 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.

2.18 The developer is responsible to contract with the City’s designated traffic signal maintenance company for ongoing maintenance of traffic signals listed in Sections 2. 7 and until such time the improvements are accepted by the City.

2.19 Comply with all requirements of the Traffic Impact Analysis (TIA) dated February 22, 2021, including participation in fair share contributions and construction of required improvements and mitigation measures as shown on the Mitigation Monitoring and Reporting Program, to mitigate impacts.

3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

3.1 Construct and secure Development Services Department approval of all public facilities enumerated under Section 2.7 above (per Resolution No. 88-23).

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

3.3 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.

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

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

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

3.7 Pay all remaining applicable fees pursuant to City Municipal Code.

295
PARCEL MAP NO. 20174 7 July 6, 2023

4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

4.1 Complete all Conditions of Approval listed under Sections 1-3 above.

4.2 Submit to the City a letter from the surveyor indicating monuments required for the map have been set and they have been fully paid for their services.

4.3 Submit to the City, electronic files of Tract/Parcel Map and “as -built” improvement plans in AUTOCAD, Ersi GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an etransmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.
296

Rev. 7/17/2323

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

PARCEL MAP NO. 20174

PROJECT ENGINEER: Isidro Abreo
DATE: 7/6/2023

A COPY OF THIS CHECK LIST MUST BE PROVIDED ALONG WITH A COMPLETED PLAN CHECK REVIEW

APPLICATION TO THE ENGINEERING TECHNICIAN WHEN MAKING AN APPOINTMENT FOR FIRST PLAN CHECK

SUBMITTAL

Copy of Development Engineering Division Conditions of Approval

Maps (Subdivision Only)

Preliminary Title Report (no older than six months) (Subdivision Only)

Closure Calculations (Subdivision Only)

Referenced Maps (Subdivision Only)

Preliminary Soils Report (no older than sixty days)

Lot line adjustment certificate

Lot merger

Right-of-way dedication

Rough Grading Plans

Precise Grading Plans – with Private Storm Drain improvements

Storm Drain Plans

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

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

Street Improvements Plans

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

Sewer Plans – revisions to City Record Drawings

Domestic Water Plans – revisions to City Record Drawings

Recycled Water Plans

Street Light Plans, including a Photometric Diagram

Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) – within the street sight plan

Signing and Striping Plans

Traffic Signal Interconnect Plans

Traffic Signal Plans

Water Quality Management Plan

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01225.0006/366470.2 C-1
EXHIBIT “C”
PARCEL MAP NO. 20174

EAST END LLC

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

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

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

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

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

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider ’s environmental experts, to make the representations herein, and that no consent of any other party is 298
01225.0006/366470.2 C-2
required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.

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

Dated: _________________________E
AST END LLC*
By:
*Proof of authorization for Subdivider ’s signatures is required to be submitted concurrently with this environmental warranty.
299

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025

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

SUBJECT
..titl e
Replacement Subdivision Improvement Agreement for Tract Map No . 16420-6 (Block 11 - Lots 4 &7) - Beazer Homes Holding, LLC.
..end

RECOMMENDATION
Approve replacement Subdivision Improvement Agreement and securities with Beazer Homes Holding, LLC for Tract Map No. 16420-6 (Block 11 - Lots 4 & 7); and authorize the City Manager to execute any necessary documents on behalf of the City. ..body

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

300
CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025
TITLE: REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 16420-6 (BLOCK 11 - LOTS 4 &7) - BEAZER HOMES HOLDING, LLC.

PAGE: 2

BACKGROUND
In 2008, the City’s Planning Commission approved an “A” level Master Site Approval and Tentative Tract Map No. 16420 to subdivide 522 acres of land generally located south of Pine Avenue, west of Hellman Avenue, and north and east of Chino Corona Road for what is known as the South of Pine area in The Preserve. An "A" level master site development plan is a preliminary, conceptual plan for a large -scale land development project. The purpose of the original Master Site Approval was to establish large parcels , and phase major backbone street systems for both future residential and non-residential development within the master plan area.

On February 23, 2022, the City’s Planning Commission conditionally approved a Development Modification to the Master Site App roval and Tentative Tract Map No. 16420. The modification removed the phased development concept originally approved, divided the larger land area into smaller lots to be reconveyed for development, and established improvement areas for future development. It is important to note that the Developer modification also incorporated conditions of approval for improvements along Pine Avenue for associated developments within the larger project area to help facilitate needed improvements to the area.

Subsequently, on September 19, 2022, the City’s Planning Commission approved a 32.63 -acre Master Site Approval PL21-0056 and Tentative Tract Map No. 20445 for the future development of 305 single -family homes within four neighborhoods, a pocket park, and private recre ation center located in the MDR (Medium Density Residential) and CC16 (Community Core 16) land use designations known as “Block 11”. This project is generally located south of Legacy Park Street, east of Main Street, and north of East Preserve Loop.

The developer, Chino Preserve Development Corporation, a Lewis Management Corporation company (“Lewis”), received City Council approval of Final Map No. 16420-6 on April 1, 2025 to subdivide the previously approved Tentative Tract Map No. 16420, as shown in Exhibit A. Lewis is actively developing the site and has entered into purchase agreements with four guest builders.

The Engineering Conditions of Approval (COA) for Block 11 require s public improvements including, but not limited to curb, gutter, sidewa lk, streetlights, asphalt concrete pavement, median/parkway landscape, sewer, water, recycled water and drainage improvements. To guarantee the completion of these public improvements, Lewis entered into a Subdivision Improvement Agreement (SIA) with the C ity and obtain ed the necessary securities for the improvements which were approved with the Final Map on April 1, 2025.

ISSUES/ANALYSIS
Now that the final escrows for the guest builders have closed, City staff is coordinating with each builder to execute replacement SIAs to transfer and secure their respective obligations.

Beazer Homes Holding, LLC has acquired Lots 4 and 7, as shown in Exhibit A of the attached replacement SIA. The conditions established at the time of tentative map approval have been met through execution of the replacement agreement for Tract Map No. 16420 -6 and the posting of securities guaranteeing construction of the public improvements required for Bl ock

11. The City Attorney has reviewed and approved the replacement SIA and associated securities. Additionally, Lewis has executed a Partial Assignment and Assumption Agreement to the Development Agreement with Beazer Homes Holding, LLC.

Attachments:

Exhibit A - Location Map Tract Map No. 16420-6
301
CITY COUNCIL MEETING DATE: NOVEMBER 4, 2025
TITLE: REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 16420-6 (BLOCK 11 - LOTS 4 &7) - BEAZER HOMES HOLDING, LLC.

PAGE: 3

Exhibit B – Replacement Subdivision Improvement Agreement

302
303
01225.0006/366470.2 Updated 10-2020

SUBDIVISION IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and

BEAZER HOMES HOLDINGS, LLC
304
01225.0006/366470.2

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

BEAZER HOMES HOLDINGS, LLC
Agreement Date: November 4, 2025
Subdivider Name: Beazer Homes Holdings, LLC
Tentative Map No.: 16420-6 Lots 4 & 7
Estimated Total Cost of Improvements: $1,018,389.21
Estimated Total Cost of Monumentation : $0 (based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Lots 4 & 7 In-Tract Streets $545,587.05
Lots 4 & 7 In-Tract Wet Utilities $472,802.16
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Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
Beazer Homes Holdings, LLC
c/o Mike Miller/Sonia Villaneda
Beazer Homes
310 Commerce St, Suite 150
Irvine, CA 92602
Office: (909) 851-5792
[email protected]\
Office: (626) 235-7168
[email protected]

CITY PROJECT INSPECTOR
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
306
01225.0006/366470.2

TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval

1.3 Intent of Plans

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.10 Documents Available at the Site

1.11 Inspection

1.12 Compliance with Law; Applicable Standards for Improvements

1.13 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.15 Final Acceptance of Works of Improvement

1.16 Vesting of Ownership

1.17 Subdivider’s Obligation to Warn Public During Construction

1.18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service

5.1 Subdivider Responsible for All Related Costs of Construction 307
01225.0006/366470.2

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

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Subdivider’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Subdivider is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14.Authority
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1S

UBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 4th day of November, 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 Beazer Homes Holdings, LLC (“SUBDIVIDER”).

RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative Tract Map No. 16420-6 (Lots 4 & 7), (the “Map”), located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”. The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the “Conditions”) as described on Exhibit “B”.

D. Subdivider’s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 16420-6 (Lots 4 & 7) for the Property and permitting development of the Property to proceed.

1. Construction Obligations.

1.1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto (the “Works of Improvement”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and 309
01225.0006/366470.2
2 specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $1,018,389.21.

1.4. Survey Monuments . Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map No. 16420-6 (Lots 4 & 7) in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually 310
01225.0006/366470.2
3 agree upon changes to the Works of Improvement , subject to the security requirements in Section 4.

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

1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law. 311
01225.0006/366470.2
4 Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

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

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.
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5 1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.

2. Time for Performance.

2.2. Phasing Requirements . Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider ’s failure to satisfy such phasing requirements, as 313
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6 the same now exist or may be amended from time to time, Subdivider acknowledges City ’s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer ’s satisfaction.

3. Labor.

3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (“FEHA”), California Government Code Section 12940 et seq., Subdivider agrees 314
01225.0006/366470.2
7 that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status . Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

4. Security.

4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider ’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $1,018,389.21 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 $508,894.61 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $0 equal to 100% of the cost thereof.
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8 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, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument ”), in the amount of $1,561,980.00 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.
(b) Letters of Credit . For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit . For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
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9 (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider ’s completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. (iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as 317
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10 provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City ’s security interest in such account.

Chino City CouncilNovember 4, 2025

Chino City Council
November 4, 2025