Cities Index.
Agenda packet

Chino City Council
December 2, 2025

Document
Agenda packet
Meeting
December 2, 2025
Body
Chino City Council
Pages
4
Original file
105.6 MB
Text extracted from the city's file for reading and search. Open the original on chino.legistar.com. That file is the official record.

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SCE Power hvilch Over
frooUer Overhead line Remove!
SCE WOdl.S Pole Removal / Releeatton
EtolypttB Ave. Closure / Compiete Water tiRptovemrti
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EXHIBIT E

ESTIMATED COSTS
[ATTACHEDl
502

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PM-aoon
LOCATION : MwrW Avmw -EudM to Omo
By.

DATE:
flofo NicKlimoy
7mmu
RESOLLmON NO 2022-007

EXHIBIT C
Quantity Untt Ram UnH
Price
Total Coat
Per Item

STREETS
EA Tree RemovN S 800.00 3
CY Concrete Removal S 325.00 3
5328 CY AC Pavement Removal 3 100.00 3 532.800.00
CY Imoorted Common Fit! fincl. Comoacdonl S 34.00 3
103700 SF Preparation of Suborade. Sidewalk and Pavtno 5 1.00 3 103.700.00 5880 LF PCC 8' Curt & 24' Gutter on 6' AB S 26.00 3 152.880.00 LF PCC 6' Curt & 24' Gutter on 6' AB S 24.00 3
LF PCC Curb Onlv 3 20.00 3
2330 LF 8' A.C. Berm 3 20.00 3 46.600.00
SF 8' PCC Crosa Gutter on 6' AB S 16.00 3
26405 SF 4" PCC Sidewalk 3 5.80 3 153.149.00
6421 SF 6' PCC Ttlck Drive Approach on 6' AB 3 12.50 3 80.262.50 SF 8' PCC Thick Drive Approach on 6'AB 3 15.00 3
LF 2" X 6' Redwood Header 3 7.50 3
EA Street Sign and Post 3 475.00 3
0 EA Traffic Sign and Post 3 400.00 3 3.600.00
EA Reflector Sion and Post 3 175.00 3
EA Painted Leoend 3 6.50 3
67233 SF PCC Pavement 3 5.00 3 336.165.00
TON AC Variable - <300T 3 130.00 3
4317 TON AC Variable - >300T 3 120.00 3 516.040.00
TON CAB Variable - <300T 3 100.00 3
7159 TON 5 3 90.00 3 644.310.00
EngCostEsttnato Page 1 of 10 Eflectivo Date: January 1.2021 503

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE:

ItanM Avmiim • Eucid to Grovo
Slara ttocKiiMMy
mVMU
RESOLUTION NO 2022-007

EXHIBIT C
Quantity Unit ttam Unit
Price
Total Cost
Per Item

STREETS
6 EA AOiust Sewer Manhole to Grade S 950.00 $ 5.700.00
EA AdhJst Sewer Cleanout to Grade $ 500.00
9 EA Miual Water Valve and Can to Grade S 525.00 S 4.725.00 19 EA Street Uoht ICitv Owner) S 7.700.00 S 146.300.00
EA Electrical Pedestal $ 6.500.00 $
EA Lot Monument Settino Fee S 550.00 $
LF Sawcut A.C. S 3.00 $
LF Sawcut Concrete S 3.00 $
SF Cold Plane A.C. 2" Thick S 0.28 $
LF ^nina & Striolno for
Arterial S 19.00 $
Colector S 13.00 J
Local $ 7.00 $
5 EA Traffic Skinal (8 - Phase Controtterl S 350.000.00 S 1.750.000.00 EA Modify existina Traffic Slanal oer Quadrant $ 75.000.00 $ LF Chain Link Fence
6 foot School fence (Add $9.00/LF for Removal of
Existina Fence) $ 44.00 $
6 foot School fence (Add S9.0(M.F for Removal of
Existina Fence) S 35.00 5
EA Utilltv Poles
Transmission 5 11.500.00 $
Distribution S 8.000.00 %
Service $ 3.000.00 $
EngCostEstimM Page 2 of 10 Efloctivo Dale: January 1.2021 504

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE:

Phuooi*
IMnffl Avvnwt - EuclM to Qrev*
•tan ItocKtaiwy
ravzu*
RESOLLmON NO 2022-007

EXHIBIT C
Quantity Unit Item Unit
Price
Total Cost
Per Item

STREETS
26919 SF
Landscape (Including shnjbs, Herdscape, Irrigation. Orotatd Cover, Lighting, Installation Labor and Conrtectlon to
Exists Systems) S 15.00 S 433.765.00
LF
14 foot Martian wiUi Landscape. Irrigation, Lighting,
Hardscape, Curb. Gutter & Pavement S 300.00 $
Rail Road Crossing
LS
Safety Equipment (Complete Irtctijdlng Crossing Gates,
Signs, and Lights) S 500.000.00 $
SF Track Crossing (Concrete) $ 175.00 $
SF Aooroach S 4.00 $
5 EA S.W. Ramos (ADA. Compliant) S 4.000.00 S 20.000.00 22 EA Traffic Signal Loops S 600.00 S 13.200.00
7080 LF SIGNAL INTERCONNECT CONDUIT & CABLE $20.00 $ 141.600.00

STREETS
STREET SUBTOTAL 6 5.086.616.50
LS MobHzation (5% of Construction Cost) 5% $ 254,340.83 LS Traftic Control (S% of Construction Cost) 5% S 254.340.63 LS Clear & Grub Site (5% of Construction Cost) 5% $ 254.340.83 LS Excavation (Clean Material) (51^ of Construction Cost) 5% $ 254.340.83 GRAND TOTAL STREETS ONLY $ 6,104,179.80
EngCos^stknate Page 3 of 10 Eftodive Oats: Januwy 1.2021 505

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE;
Manril Avmm • EucM to Orovt
tloro MoclCiniwy
mvnu
RESOLUTION NO 2022-007

EXHIBIT C
Quantity Unit Item Unit
Price
Total Coat
Per Hern
WATER
LF Trench SwoorVShorlna (6 foot deotht S 15.00
CY Pioe Beddirm & Comoactlon dmoorted) S 90.00 %
LF
6' Pipe & Fittir>gs InstaRed, including excavation, l)edding, backfil and oavement restoration S 60.00
LF
8* Pipe & FitUngs InstaRed, including excavation, bedding, backfHI and oavement restoration. $ 100.00 $
LF
12' Pipe & Fittings Installed, including excavation, bedding, backfill and oavement restoration S 135.00 J
LF
18' Pipe & Fittings installed, including excavation, beddirrg, backfill artd oavement restoration S 175.00 5
LF Removal. Disposal of ACP ar)d BackfHI $ 150.00 s
EA 6' Gate Valve S 2.000.00 $
EA 8' Gate Valve S 2.600.00 $
EA 12' Gate Valve S 4.500.00 $
EA 18'Gate Valve S 7.500.00 $
EA Fire Hydrant Assemblv oer Citv Std. S 7.500.00 S
EA Blow-off Assemblv 4' oer Citv Std. S 8.600.00 J
EA 2' Air Relief Assembly S 4.500.00 s
EA 1' Water Service/Meter S 3.500.00 $
EA 2' Water Service/Meter S 4.500.00 $
WATER
WATER SUBTOTAL $
LS Mot>8zation (5% of Consbuction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 6% $
GRAND TOTAL WATER ONLY $
EngCosrEgtimrte Page 4 of 10 Eftectivg Date; January 1,2021 506

CITY OFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE:

P«M001«
MtiiW AvwHW - Eucid tc Orom
ttora MacKlwwy
7090024
RESOLUTION NO 2022-007

EXHIBIT C
Quantity Unit Kam Unit
Price
Total Coat
Per Hem

RECYCLED WATER
LF Trench SuDDorVShorina (6 foot depth) $ 15.00 $
CY Pipe Beddino Ihnoorted) $ 90.00 5
LF
6* Pipe & FitUngs Installed, indudirtg excavation, bedding, badcfil and pavement restoration S 60.00 J
LF
8* Pipe & FRIings Installed, including excavation, bedding, backs and pavement restoration. S 100.00 $
LF
12' Pipe & Fittings InstaHed. including excavation, beddbig, backfitt and pavement restoration S 135.00 %
LF
18" Pipe 8 Fittings Installed, including excavation. beddir>g. iMckfil and pavement restoration % 175.00 S
EA 6* Gate Valve $ 2.000.00 S
EA 8' Gate Valve S 2.600.00 $
EA ir Gate Valve $ 4.500.00 5
EA 18' Gate Valve $ 7.500.00 %
EA Fbe Hydrant Assembly per Citv Std. S 7.500.00 %
EA Btow-off Assemtbv 5' per Citv Stil. S 8.600.00 S
EA 2" Air Relief AssemtMv % 4.500.00 %
EA r Water Service/Meter S 3.500.00 %
EA 2" Water Service/Meter $ 4.500.00 s

RECYCLED WATER
RECYCLED WATER SUBTOTAL 5
LS Mobflzation 15% of Construction Cost! 5% $
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL RECYCLED WATER ONLY 8
EneCostEMmil* Page 5 of 10 Eflectiv* Date: January 1.2021 507 RESOLimON NO 2022-007

EXHIBIT C

CITVOFCHINC)

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

PM-3001<
ItonHI AvMiM - EucM to OrOM
Slani MaeKifiiMy
DATE: 7i2M024
Quantity Unit Item Unit
Price
Total Coat
Per Item
SEWER
LF Trendi SuDoort/Shorina $ 15.00 $
LF
4" Installed, including excavation, bedding. backfiH and pavemem restoration $75.00 $
LF
8' Installed, including excavation, bedding. bacMN and
pavement restoration $93.00 $
LF
10' Installed, including excavation, bedding, backfill and pavement restoration $103.00 $
LF
12' Installed. Induding excavation, bedding. badcfS and pavement restoration $123.00 $
LF
15* Installed, including excavation, bedding, backfill and pavement restoration $143.00 $
LF
18' Installed, kKfaidIng excavation, bedding. backfW and pavement restoration $163.00 $
LF
21' Installed, kiduding excavation, bedding, backfill and pavement restoration $193.00 $
LF
24' Installed, including excavation, bedding, backfill and pavement restoration $208.00 $
EA Sewer Saddle $450.00 $
EA Wyes 4* X 8* Typical $225.00 $
EA 48' Sewer Manhole $4,700.00 $
EA 60' Sewer Manhole $7,500.00 $
EA Sewer Cleanout $1,800.00 $
SEWER
SEWER SUBTOTAL $
LS Mobkization (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL SEWER ONLY $
EngCo«(E«tlfn«la Page 6 of 10 Effeciiv* Dale; Januefy 1.2021 508 PROJECT NO:

LOCATION:

By:

DATE;

CITYOFCHINO

ENGINEERING COST ESTIMATE
MtrriN Amrw - EucM to Orow*
f l>w NtcWmwy
71230024
RESOLUTION NO 2022-007

EXHIBIT C
Quantity Unit Itam Unft
Price
Total Cost
Per Item

STORM DRAIN
LF 24-X 36' C.M.PA (10 Gauael S 230.00 %
LF 27" X 43" C.M.PA (10 Gauge) $ 250.00 %
EA Storm Drain Manhole *1 3 10.000.00 S
EA Junction Stntcture #2 (24' or larger) S 8.650.00 J
EA Junction Structure #4 (24* or smaHer) S 4.000.00 s
EA Outtet Sbuchjre S 7.000.00
EA Catch Basin 3.5' Width S 7.200.00 s
EA Catch Basin 7' Width/L.D. S 7.900.00 $
7 EA Catch Basin 10' WkHri/L.D. S 9.950.00 S 69,650.00
EA Catch Basin 14' WkithA..D. S 11.000.00 $
EA Catch Basin 21' Width/L.D. S 13.000.00 $
306 LF
IB inch RCP Installed, including excavation, bedding,
backfiN and oavement restoration $ 200.00 S 61.200.00
LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 240.00 s
LF
27 inch RCP Installed, including excavation, bedding,
backfiH and pavement restoration S 260.00 $
LF
30 inch RCP Installed, includirtg excavation, bedding,
backfill and pavement restoration S 260.00 $
LF
33 inch RCP Installed, including excavation. t>edding,
backfil and pavement restoration S 295.00 $
LF
36 inch RCP Installed, including excavaton, bedding,
backfill and pavement restoration S 310.00 $
LF
39 inch RCP Installed, including excavation, bedding,
backfil and pavement restCMation S 320.00 $
LF
42 inch RCP Installed, including excavatton. bedding,
backfn and pavement restoration S 330.00 s
LF
45 inch RCP Instalied, including excavation, bedding,
backfil ar)d pavement restoration S 360.00 $
LF
46 inch RCP Installed, including excavabon, bedding.
backfIN and pavement restoration S 385.00 s
LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 440.00 s
LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 500.00 $
EngCoXEsUmate Page 7 of 10 Effective Date: January 1,2021 509 PROJECT NO:

LOCATION:

By:

DATE:

RESOLUTION NO 2022-007

EXHIBIT C

CITY OFCHINO

ENGINEERING COST ESTIMATE
ManW AvMiM. EucM to Grew
ttori ttocKlmwy
invzou
Quantity UnH Ram Unit Total Cost
Price Per Item

STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfifl and pavement restoration S 560.00 8
LF
72 Inch RCP Installed. Indudirtg excavafion, bedding.
badcfN and pavement restoration S 625.00 8
LF
78 inch RCP Instated, including excavation, beddirtg.
badcIN and pavement restoration S 690.00 8
LF
84 inch RCP Instated. Including excavation, tredding,
badcfHI artd pavement restoration S 765.00 8
LF
90 Inch RCP Instated. Indudtng excavation, bedding,
badcfiil and pavement restoration $ 830.00 8
LF
96 Inch RCP Instated. Including excavation, bedding,
badcfiil and pavement restoration S 920.00 8
LF
102 inch RCP Installed, induding excavation. I>edding,
backfill and pavement restoration S 1.000.00 8
LF
108 inch RCP Installed, induding excavation, bedding,
badcfiH and pavement restoration S 1.075.00 8
LF
7' X 6' RCB Instated. Induding excavation, bedding, badcfM and pavement restoration $ 700.00 8
LF
7* X 8.5' RCB Installed, induding excavation, bedding,
badcIN and pavemenl restoration $ 820.00 8
LF
T X 9.5' RCB Installed, including excavation, bedding,
bacfcffll and pavement restoration $ 870.00 8
LF
8'x 11' RCB Instated. Induding excavation, bedding. badcfiH and pavement restoration 8 1.000.00 8
LF
8' X13' RCB Instated, induding excavation, bedding, badcfiil and pavement restoration S 1.100.00 $
LF
9' X 9' RCB Installed, induding excavation, bedding, badcffll and pavement restoration 8 1.000.00 $
LF
9' X 12' RCB Installed, induding excavation, bedding, backfill and pavement restoration 8 1.100.00 8
LF
4' X 6' RCB Installed, induding excavation, bedding. badcfiH and pavement restoration 8 680.00 8

STORM DRAIN
STORM DRAIN SUBTOTAL 8 130.850.00
LS Mobilization (5% of Construction Cost) s% 8 6,542.50 LS Traffic Control (5% of Construction Cost) s% 8 6.542.50 GRAND TOTAL STORM DRAIN ONLY 8 143.935.00
EngCostEtUmat* P«0« 8 of 10 Effecttw Date: January t. 2021 510 RESOLUTtON NO 2022-007
EXHIBfT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE:

PM-2001*
MmtW Avanu* • EucM to Grovo
tlon MacKtoimy
703/2024
Quantity Unit Ram UnH
Price
Total Cost
Per Hem
DfftECT COSTS GRAND TOTAL STREETS ONLY 1 •,104,179S0
GRAND TOTAL WATER ONLY $
GRAND TOTAL RECYCLED WATER ONLY $
GRAND TOTAL SEWER ONLY $
GRAND TOTAL STORM DRAIN ONLY $ 143,935.00

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) $ 6,248,114.80
PROJECT ADDmVES Pro/ecf Contingenel^s 10% t 624,5ff.48
Construction Stakfno 3% ? 187.U3.44
Soils Tectina 1% $ 82.481.15
Matertsl Testina 1% S 82.481.15
Conatructfon Inspection 4.8% 299.809.51
Contract Administration 1% 82.481.15
GRAND TOTAL (FOR BOND AMOUMTSI 7M7.722.88
EfloCostEsOmito PaoeSof 10 EflecOvo Date; January 1,2021 511 RESOLUTION NO 2022-007

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE:

PHL2001I
UtrriU Amriw > EucU to Grev*
ttow ttocKinwy
7/21/2024
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
PnpandBy:

R.CJE. Numb^
Explnthn:
86559
9/30/24
^FES^
m«o
ca
No 85559
txp. 9/30/2024 Hic/v\^
e
or
Ptoc* RCJe. Stamp and Slgnmtun Hto (nquimO

BY CITY
Faithful Parformanca Bond (100% of Constrvedon Cosp
Labor & Material Bond (50% of Construction Cosp
Vi^rranty Bond (10% of Construcdon Cosb
7,547,700.00
3,773,900.00
754,800.00
EngCostEsOmato Page 10 of 10 Effective Date: January 1,2021 512

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE:

PM-2001«
EucKd AvMiiw
Sian ItocKifWMy
7/110014
RESOLUTION NO 2022-007

EXHIBIT C
Quantity Unit Ram Unit
Price
Total Cost
Per Item

STREETS
EA Tree Removal $ 800.00 s
CY Concrete Removal S 325.00 $
3090 CY AC Pavement Removal S 100.00 3 309.000.00
CY ImDOrted Common Fill (Ind. ComDaction) S 34.00 $
242566 SF Preparation of Subgrade. Sidewalk and Pavtna S 1.00 $ 242.566.00 357 LF PCC 8" Curb & 24" Gutter on 6" AB S 26.00 $ 9.282.00 LF PCC 6' Curb & 24" Gutter on 6" AB S 24.00 $
3326 LF PCC Curb Onlv S 20.00 $ 66.520.00
LF 8" A.C. Berm S 20.00 3
SF 8" PCC Cross Gutter on 6" AB $ 16.00 5
SF 4" PCC Sidewalk S 5.80 S
SF 6" PCC Thick Drtve Ado roach on 6" AB S 12.50 $
SF 8' PCC Thick Drive Aporoach on 6" AB S 15.00 S
LF 2" X 6" Redwood Header S 7.50 $
EA Street Sign and Post S 475.00 3
EA Traffic Sian and Post S 400.00 3
EA Reflector Sian and Post S 175.00 3
EA Painted Leoend S 6.50 3
15487 SF PCC Pavement S 5.00 3 77.435.00
TON AC Variable - <300T S 130.00 3
2062 TON AC Variable - >300T S 120.00 3 247.440.00
TON CAB Variable - <300T $ 100.00 3
4273 TON CAB Variable - >300T S 90.00 3 384.570.00
EngCottEcBmate Page 1 of 10 Effective Date: January 1,2021 513 PROJECT NO:

LOCATION:

By:

DATE:

CITYOFCHINC)

ENGINEERING COST ESTIMATE
EuclM Avhiiw
ttow MtcKimwy
7/2S/3024
RESOLUTiON NO 2022-007

EXHIBIT C
Quantity UnH ttarn Unit
Price
Total Cost
Per Hem

STREETS
EA Adjust Sewer Manhi^ to Grade S 950.00 s
EA Adjust Sewrer Clearwut to Grade S 500.00 $
EA Adjust Water Valve and Can to Grade S 525.00 $
EA Street Uaht fCltv Ownerl S 7.700.00 s
EA Electrical Pedestal S 6.500.00 s
EA Lot Monument Settina Fee S 550.00 $
LF Saw cut A.C. S 3.00 $
LF Sawcut Concrete S 3.00 s
SF CokJ Plane A.C. 2' Thick S 0.28 $
LF Sionlno & S^lno for
Arterial S 19.00 s
CoRector S 13.00 $
|j3cal S 7.00 $
EA Traffic Slonal (8 • Phase Ccmtroller) S 350.000.00 $ 4 EA Modify existina Traffic Sional per Quadrant S 75.000.00 S 300.000.00 LF Chain Unk Fence
6 fool School fence (Add $9.00/LF for Removal of
Existina Fence) $ 44.00 $
6 foot School fence (Add $d.00/LF for Removal of
Existina Fence) S 35.00 $
EA Utilitv Poles
Transmission S 11.500.00 $
Otetritnilion S 8.000.00 $
Service S 3.000.00 $
EngCo«tE«tlmai» Pag« 2 of 10 Eftoctiva Date: January 1.2021 514 RESOLUTION NO 2022-007

EXHIBIT C

CITVOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION;
By:

DATE;
PM-20011
Euclid AnwfiM
Hcfi NccKtency
inv»u
Quantity Unit Kam Unit
Price
Total Cost
Per Hem

STREETS
63731 8F
Landscape (Including shrubs. Hardscape. IrrigaOcn. Ground Cover. Lighting, Installation Labor and Connection to
Existino Systems) S 15.00 S 955.965.00
IF
14 foot Median with Landscape. IrrigatirHi, Lighting.

Hardscaoe. Curb. Gutter & Pavement $ 300.00 S
Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing Gates.

Sions. and Uahts) S 500.000.00 3
SF Track Crossina (Concrete) $ 175.00 S
SF Aooroach $ 4.00 $
2 EA S.W. Ramos (A.DA Comollant) % 4.000.00 S 8.000.00
13 EA Traffic Sianal Looos S 600.00 S 7.800.00
3300 LF SIGNAL INTERCONNECT CONDUTT S CABLE S20.00 $ 66.000.00

STREETS
STREET SUBTOTAL $ 2,674.578.00
LS Motiflzation (5% of (instruction Cost) 5% $ 133.728.90 LS Traffic Control (5% of Construction Cost) 5% $ 133.728.90 LS Clear & Grub Site (9% of Construction Cost) 5% $ 133,728.90 LS Excavation (Clean Material) (5% of Construction Cost) 5% $ 133,728.90 GRAND TOTAL STREETS ONLY $ 3.209.493.60
EnsCostEsdmcte Page 3 of 10 Eftective Date: Januaiy 1.2021 515 PROJECT NO:

LOCATTON:

By:

DATE:

CITY OFCHINO

ENGINEERING COST ESTIMATE
PIM001«
EucM AVMMM
ttow ItecKlniwy
7)230024
RESOLUTION NO 2022-007

EXHIBIT C
Quantity Unit Itam Unit
Price
Total Cost
Per ttein
WATER
LF Trench SiASDort/Shorina 16 foot deotht S 15.00 S
CY Ploe Beddina & Comoaction (ImDorted) S 90.00 s
LF
6' Pipe & Fittings Installed, Including excavation, bedding, backfll and oavement restoration S 80.00 $
LF
8" Pipe & Fittings installed, including excavation, t>edding, backfil and oavenient restoration. S 100.00 $
LF
12' Pipe & Fittings Installed, including excavation, beddir>g, backfiH and pavement restoration S 135.00 $
LF
16* Pipe & Fittings Installed, including ewavation, bedding, backfll artd pavement restoration S 175.00 s
LF Removal. Disposal of ACP and BadcfW S 150.00 $
EA 6' Gate Vatve S 2.000.00 $
EA 8'Gate Valve S 2.600.00 $
EA 12* Gate Valve S 4.500.00 $
EA 18'Gate Valve S 7.500.00 $
EA Fire Hvdrant Assembly per Cftv Std. $ 7.500.00 $
EA Blow-off Assembly 4' per Citv Std. S 8.800.00 s
EA 2* Air Relief Assembly S 4.500.00 $
EA 1" Water Service/Meter S 3.500.00 $
EA 2' Water Service/Meter S 4.500.00 $
WATER
WATER SUBTOTAL $
LS Mobizabon (5% of Construction Cost) 5% s
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL WATER ONLY $
EngCostEslfenste Page 4 of 10 Effecttve Dale: Januoy 1.2021 516 PROJECT NO:

LOCATION:

By:

DATE:

CITYOFCHINO

ENGINEERING COST ESTIMATE
PM-2Mie
EucH Avwiut
Slaii MtcKliwy
7I2S/M24
RESOLUTION NO 2022-007
EXHIBfT C
Quantity Unit Item Unn Total Coat
Price Per Item

RECYCLED WATER
LF Tmicn SuDDort/Shorfna (6 foot deothl S 15.00 %
CY Pipe Beddina flmoorted) S 90.00 $
LF
6* Pipe & Fittings Instalted. including excavation. i>eddlng. badcfili and pavement restoration S 80.00 S
LF
8' Pipe & Fittings Installed, including excavation. t>edding, badcfili and pavement restoration. S 100.00 s
LF
12' Pipe & Fittings Installed. indudir>g excavation, beddirig, badcfili and pavement restoration S 135.00 $
LF
16" Pipe & Fittings Installed, induding excavation, beddmg, backfill and pavement restoration $ 175.00 $
EA 6' Gate Valve $ 2.000.00 $
EA 8' Gate Valve S 2.600.00 $
EA 12' Gate Valve S 4.500.00 $
EA 18' Gate Valve S 7.500.00 $
EA Fire Hydrant Assembly per City Std. S 7.500.00 $
EA Blow-off Assembly 5' per City Std. S 8.600.00 s
EA 2" Air Relief Assembly S 4.500.00 $
EA 1" Water Service/Meter S 3.500.00 s
EA T Water Service/Meter S 4.500.00 S

RECYCLED WATER
RECYCLED WATER SUBTOTAL $
LS Mobitzation (5% of Construcflon Cost) 5% s
LS Traffic Control (5% of Construction CosQ 5% %
GRAND TOTAL RECYCLED WATER ONLY $
EngCostEstimato Page 5 of 10 Effective one: January 1,2021 517 cm OF CUING

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION :

By:

DATE;
PM-20011
f ucM Amiim
Skin ItecKlniwy
rOMMM
RESOLUTION NO 2022-007

EXHIBIT C
Quantity Unit Kam Unit Total Cost
Price Per item
SEWER
LF Trench SupKKirt/Shorina $ 15.00 $
LF
4" Installed, including excavation, bedding, backfill and oavement restoration S75.00 S
LF
8' Instafied, including excavation, bedding, backfifi and pavement restoration S03.00 s
LF
10' Installed, including excavation, bedding, badcfB and pavement restoration S103.00 $
LF
12* Installed, including excavation, bedding, backfill and pavement restoration $123.00 $
LF
15* Installed, including excavation, liedding. backfHI and pavement restoration $143.00 $
LF
16* Instafied. induding excavation, bedding, baddU and
pavement restoration S163.00 $
LF
21' installed, including excavation. l>eddino, backfill and pavement restoration S103.00 $
LF
24* Installed, including excavation, bedding, bacfcfB and pavement restoration S208.00 $
EA Sewer Saddle S450.00 s
EA Wves 4" X 8* Typical S225.00 $
EA 48* Sewer Manhole $4,700.00 $
EA 60* Sewer Mantiole S7.500.00 $
EA Sewer Cleanout $1,800.00 $
SEWER
SEWER SUBTOTAL $
LS MobiRzation (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL SEWER ONLY $
EnsCostEtttnato Page 6 of 10 EffecMm Dal«: January 1.2021 518 PROJECT NO:

LOCATION:

By:

DATE:

CITYOFCHINO

ENGINEERING COST ESTIMATE
FIMM16
CucUd AvMM
•ton HtcKtftwy
raaoo24
RESOLUTION NO 2022-007

EXHIBIT C
Quantity Unit Ham UnK
Price
Total Cost
Per Item

STORM DRAIN
LF 24" X 36" C.M.PA flO Gauoe) $ 230.00 $
LF Zr X 43- C.M.P.A (10 Gauoo) S 250.00 %
EA Storm Drain Manhole #1 S 10.000.00 S
EA Junction Structure *2 (24' or taroer) S 6.850.00 $
EA Jimcton Stnjcture «4 (24* or smaRer) S 4.000.00 s
EA Outlet Structure 6 7.000.00 %
EA Catch Basin 3.5' Width % 7.200.00 s
EA Catch Basin 7' Wldth/L.D. S 7.900.00 $
EA Catch Basin 10'WidthA..D. S 9.950.00 3
EA Catch Basin 14'WidthA..D. $ 11.000.00 %
EA Catch Basin 21' Width/L.D. S 13.000.00 %
LF
16 inch RCP InstaRed, including excavation, bedding.
badcfN and oavement restoration S 200.00 %
LF
24 Inch RCP Installed, including excavation, bedding.
backfiM and pavement restoration $ 240.00 $
LF
27 inch RCP Installed, including excavation, bedding,
badctn and pavement restoration S 260.00 $
LF
30 inch RCP Installed. indudir>g excavation, bedding.
badcfHI and pavement restoration S 260.00 t
LF
33 inch RCP Installed, including excavation, bedding,
backfN and pavement restoration S 295.00 s
LF
36 inch RCP Installed, induding excavation, bedding.
baddB and pavement restoration S 310.00 3
LF
39 inch RCP installed, including excavation, bedding,
baclcfH and pavement restoration S 320.00 »
LF
42 inch RCP Installed, induding excavation, bedding.
badcfM and pavement restoration S 330.00 3
LF
45 inch RCP InstaDed. including excavation, bedding,
backfill and pavement restoration S 360.00 3
LF
48 inch RCP installed, induding excavation, bedding,
backfill and pavement restoration S 365.00 3
LF
54 inch RCP Installed, induding excavation, bedding,
backfill and oavement restoration $ 440.00 3
LF
60 inch RCP Installed, induding excavation, bedding,
backfill and pavement restoration 3 500.00
EnsCostEsUmal* Page 7 of 10 Effecttvs Date; Januaiy 1.2021 519 PROJECT NO:

LOCATION:

By:

DATE:

RESOLUTION NO 2022-007

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PIII-20016
EuelM Avtnu*
ItocKliiitty
7010024
Qutntlty Unit Rom Unit
Price
Total Cost
Per Hem

STORM DRAIN
LF
66 ifKh RCP InstaHed. including excavation, bedding,
backfill and pavement restoration S 560.00 5
LF
72 inch RCP installed, indtiding excavation, bedding.
bacfcfiH and pavement restoration $ 625.00 5
LF
78 inch RCP Instated, including excavation, bedding,
baclcNi and oavement restoration S 690.00 S
LF
84 inch RCP instaled. including excavation, bedding,
backfll and pavement restoration S 765.00 $
LF
90 inch RCP InstaHed. including excavation, bedding,
backfill and pavement restoration $ 830.00 i
LF
96 inch RCP Installed. Including excavation, bedding,
backfil and oavement restoration S 920.00 5
LF
102 Inch RCP Installed, induding excavation, beddkig,
backfill and pavement restoration S 1.000.00 S
LF
108 inch RCP Installed, induding excavation, bedding,
backfill and oavement restorafion $ 1,075.00 5
LF
7' X 6' RCB Installed, Induding excavation, t>edding, backfil and pavement restoration $ 700.00 $
LF
T X 8.5' RCB Installed, including excavation, bedding,
backfil and pavement restoration S 820.00 %
LF
T X 9.5' RCB Installed, including excavation, bedding.
backftH and pavement restoration $ 870.00 i
LF
8' X11' RCB Installed, induding excavation, bedding, backfill and pairement restoration $ 1.000.00 $
LF
8' X13' RCB Installed, induding excavation, tradding, backfill and oavement restoration % 1.100.00 $
LF
9' X 9' RCB Installed, induding excavation, bedding, backfil and pavement restoration S 1.000.00 $
LF
9' X12' RCB Installed, Induding excavation, bedding, backfill and oavement restoration S 1.100.00 5
LF
4' X 6' RCB InstaHed. indudkig excavation, bedding, backfil and pavement restcMation $ 660.00 5

STORM DRAIN

STORM DRAIN SUBTOTAL S
LS Mobilization (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% S
GRAND TOTAL STORM DRAIN ONLY $
EngCostEstwnsta Page 8 of 10 ERMfve Date: January 1.2021 520 RESOLIJTION NO 2022-007
EXHtBIT C

CITYOI CHINO

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE:

PIMN1*
Euclid Avenue
ttere MecKinney
71230024
Quantity Unit Item Unit
Price
Total Cost
Per item
DIRECT COSTS GRAND TOTAL STREETS ONLY % 3.20e^93.M
GRAND TOTAL WATER ONLY *
GRAND TOTAL RECYCLED WATER ONLY $

GRAND TOTAL SEWER ONLY S
GRAND TOTAL STORM DRAIN ONLY $

GRAND TOTAL (FOR PLAN CHECK S INSPECTION FEE
DETERMINATION) $ 3.209.493.60
PROJECT ADDITIVES Projtct Contfngttchs 10% 1 320,949.36 ConsOvcOon Sfalt<no 3% $ 96.2M.t1
SoHs Testina 1% $ 32.094.94
MatBilaf Testfna 1% t 32.094.94
Construction Inaooetion 4.8% $ 154.055.69
Contract Administration 1% S 32.094.94
GRAND TOTAL (FOR BOND AMOUNTSi 3.977.068.27
EngCostEsOmate Page 9 of 10 Effective Date: January 1,2021 521 >J4-.

RESOLUTION NO 2022-007

EXHIBIT C

CITYOFCHINO

ENGINEERING COST ESTIMATE
PROJECT NO;
LOCATION:

By:

DATE:

PM-2001<
EucM AvMtM
tiMi MtcKlimy
70U2e24
1 Quintlty Unit Item Unit Total Cost
1 Price Per Hem

BY ENGINEER
FnpandBy:

R.C.E. NumbT
ExpkrtUon:
85559
9/30/24
m<o
ca
No 85559
✩ txp. 9/30/2024
C/V\\=
or
Pwc» RC,C. Stamp and Slgnatun Hen (nouind)

BY CITY
Fafthful Parfyrmanea Bond (100% of Construction Costf
Labor & Matarial Bond (50% of ConstFUCtton Cos^
Warranty Bond (10% of Construction Cosp

3.877,100.00
1,938,500.00
387,700.00
EnoCcKtEstimiM Page 10 of 10 Effective Date: January 1,2021 522

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 30, 2024
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE. DIRECTOR OF PUBLIC WORKS

SUBJECT
The Ontario Ranch Business Park Project (referred to as REDA) Merrill Avenue Widening, Interconnect, and Euclid Median Improvements.

RECOMMENDATION
1) Create Capital Improvement Project MS253 titled "Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements": 2) appropriate $15,709,100 to the Transportation Fund 320: 3) schedule year-end transfers from the following: reserve fund balance for perimeter and circulation enhancements around Chino Airport, primarily along Merrill Avenue, funded by Scannell Properties (FedEx development) reserve account (320-35335), totaling $4,764,984: Future Improvements deposit account (220-24270) totaling $3,309,027 for the Euclid Median/Widening: Citywide Circulation (Streets, Signals and Bridges) Development Impact Fee Fund (220) totaling $2,021,986: and The Preserve Circulation (Streets, Signals and Bridges) Development Impact Fee Fund (260) totaling $5,613,104: 4) approve a construction reimbursement agreement not to exceed $15,709,100 between the City and the developer, Euclid Land Venture, LLC, a Delaware limited liability company, for the Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements: 5) approve the Right of Entry Agreement between the City and San Bernardino County to obtain access to certain portions of airport property necessary for constructing the Merrill Avenue public improvements:
6) approve the Memorandum of Understanding between the City and Euclid Land Venture. LLC, a Delaware limited liability company, to transfer the rights under the Right of Entry Agreement to the developer for the construction of the Merrill Avenue Public Improvements: and 8) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Requires an appropriation to the Transportation Fund 320 in the amount of $15,709,100, This appropriation has no impact on the General Fund. Scannell Properties (FedEx project) deposited $5,000,000 with the City as stipulated in Section 2.13.6 of the Development Services Conditions of Approval for Master Site Approval PL16-0719. From this deposit. $4,764,984 remains and will be allocated to perimeter and circulation improvements around Chino Airport, focusing primarily on Merrill Avenue. Furthermore, developments along the Euclid Avenue corridor north of Merrill Avenue have contributed in-lieu-of-construction fees for the Euclid median and widening enhancements in the amount of $3,309,027. The City will use these deposits to help cover costs related to improving Euclid Avenue. While the developer's deposits largely fund improvements on Merrill and Euclid Avenues, a shortfall of $7,635,089 remains.

There are sufficient funds In each of the funds and accounts listed below. This deficit will be supplemented by Development Impact Fees ("DIFs"), as summarized on the next page:
112
523
CITY COUNCIL MEETING DATE: JULY 30, 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.

PAGE: 2
Year-End Backfill Accounts Amount
Scannell Fed Ex Deposit-320-35335
Euclid Avenue Developer Deposits-220-242770
Citywide Circulation DIF- Fund 220
The Preserve Circulation DIF-Fund 260
$4,764,984
$ 3,309,027
$2,021,986
$5,613,104
Transportation Fund 320 Appropriation $ 15,709,100

CITY OF CHINO MISSION I VISION I VALUES I STRATEGIC ISSUES The recommendation detailed above furthers the City's values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Financial Stability
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships Revenue: Click or tap here to enter text
Transfer In: 3201000-50001
Expenditure 3207100-40010-MS253
Transfer Out: 220-24270/2201000-40001/2601000-
40001
113
524
CITY COUNCIL MEETING DATE: JULY 30, 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.

PAGE: 3

BACKGROUND
On October 27, 2020, the City of Ontario Planning Commission approved Parcel Map No. 20016. This map consists of seven numbered lots and one lettered lot on approximately 80.663 acres of land, as presented by the Developer, Euclid Land Venture, LLC. The proposed project consists of an industrial / business park to include seven warehouse buildings ranging from 43,400 square feet (sf) to 1,099,000 sf, totaling a maximum development of 1,676,000 sf of warehouse and office uses ("Project"). The Project area is bounded by Eucalyptus Avenue on the north, Sultana Avenue on the east, Merrill Avenue on the south, and Euclid Avenue on the west located in The Ontario Ranch Business Park Specific Plan area (Exhibit A).

As a condition of project approval and under the terms outlined in the existing development agreement between the Developer and the City of Ontario, the Developer is obligated to design and construct certain public improvements along the perimeter of Merrill Avenue. These improvements include but are not limited to, full-\Mdth ultimate street improvements on the north side of Merrill Avenue within the Ontario City limits, including curb, gutter, sidewalk, landscaping, and streetlights, as part of the Merrill Avenue widening. The Developer must construct the ultimate improvements on Merrill Avenue to be eligible for reimbursement through Ontario's Development Impact Fee ("DIF") program.

Additionally, the Developer is required to design and construct improvements along the south side of Merrill Avenue within the Chino City limits, adjacent to Chino Airport. The conditioned improvements are limited to the roadway pavement, signing and striping, curb and gutter installations, ADA ramps, and storm drain catch basins. The conditioned improvements did not Include sidewalks, landscaping, and streetlights, as these components were not negotiated between the City of Ontario and the Developer as part of the conditions of approval at that time.

The estimated cost for the conditioned Improvements is $7,015,250, based on the actual bid. which also includes 10% for project contingencies and 25% for soft costs.

On October 18, 2022, the Developer entered into a Public Improvement Agreement with the City of Chino, providing the necessary securities to ensure timely completion of the conditioned improvements, attached as Exhibit B.

Recently, the Developer and the City of Chino mutually agreed to extend the scope of improvements on Merrill Avenue to include additional improvements. The additional improvements include traffic signal interconnect, sidewalks, landscaping, and streetlights. This decision goes beyond what the City of Ontario required in its conditions of approval for the project. The estimated cost for the additional improvements is $3,362,838, which also includes 10% for project contingencies and 25% for soft costs. Concurrently, the Developer is finalizing engineering plans for these additional improvements while commencing construction on the initial Merrill Avenue improvements. This coordinated approach aims to prevent project delays, minimize road closures, adhere to the construction schedule, and reduce disruptions to local traffic and the community.

The City received $5.0 million from the Scannell/Fed-Ex project, earmarked for future enhancements along the Chino Airport perimeter primarily on Merrill Avenue. A portion of these funds were utilized by the City to conduct a comprehensive airport right-of-way survey, critical for implementing full-width improvements on Merrill Avenue. Pending ultimate approval from the 114
525
CITY COUNCIL MEETING DATE: JULY 30, 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.

PAGE: 4
Federal Aviation Administration ("FAA"), the City plans to acquire the necessary ultimate rightof-way for streets surrounding the airport.

The remaining developer deposit will be allocated towards the additional improvements on Merrill Avenue, specifically for sidewalk construction, landscaping enhancements, and streetlights.

Additionally, under the terms of the development agreement and project approval conditions, the Developer was obligated to design and construct public improvements on Euclid Avenue to mitigate traffic impacts resulting from the Project. This includes the Euclid Median between Merrill and Eucalyptus Avenues, within Chino's jurisdiction.

Over the years, developments along the Euclid Avenue corridor north of Merrill Avenue have contributed in-lieu-of-construction fees for the Euclid median and widening. The City intends to utilize these deposits to offset costs associated with the Euclid Avenue improvements, estimated at $5,331,013, which includes 10% for project contingencies and 25% for soft costs.

While these deposits may not fully cover the City's share of the project costs, City staff plans to include this project in the next DIF Nexus Study update to address remaining funding needs.

As a result, the total estimated cost to the City for the Merrill Avenue and Euclid Avenue Improvements is $15,709,100. It is imperative for staff, the Developer, and San Bernardino County to collaborate on a comprehensive plan addressing the timing of construction, financing, and the necessary right-of-way dedications essential for completing these improvements.

On June 10, 2024, City staff delivered an informational presentation to the Infrastructure Committee regarding the improvements planned for Merrill Avenue and Euclid Avenue. The next steps outlined by staff involved collaborating with San Bernardino County to obtain the necessary right of way along Merrill Avenue adjacent to the airport and initiating negotiations for a construction reimbursement agreement with the developer. The Infrastructure Committee did not express any objections to staffs proposed approach during the meeting.

ISSUES/ANALYSIS
The Developer, at its own expense, will provide all necessary equipment and materials to diligently and professionally execute and complete the public improvements as per the approved construction plans per applicable standards and regulations. To facilitate timely construction, the City and Developer intend to enter a construction reimbursement agreement, attached as Exhibit C. This agreement will establish the framework for reimbursing the Developer for eligible costs incurred during construction. It will also outline the methodology for determining reimbursement amounts and specify the timing and process for reimbursement requests throughout the construction phase.

Additionally, The Preserve and Citywide Circulation DIF programs will offset costs not covered by developer deposits for the construction of Merrill Avenue and the Euclid Median improvements, as established in Chapters 3.40 and 3.45 of the Chino Municipal Code. DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City's general plan, various facility master plans, capital improvement plans, and the nexus report. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the nexus reports, the 115
526
CITY COUNCIL MEETING DATE: JULY 30. 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.

PAGE: 5
Developer shall be entitled to reimbursement for eligible costs of constructing the public facility.

The DIP ordinance specifically requires that the Developer and City enter into a reimbursement agreement.

Upon completion of the public improvements, the City Engineer and staff will review the final accepted/approved "as-built" plans, specifications, and supporting documentation and will determine the actual costs.

As previously noted, the City has completed a comprehensive airport right-of-way survey for the purposes of acquiring the ultimate right-of-way along the Chino Airport perimeter, which is currently pending approval from the County and FAA. In response, the City engaged with the County to establish a Right of Entry Agreement. This agreement, attached as Exhibit D. grants construction access to the portion of the public Improvements along Merrill that lie within the County's property prior to the City obtaining the necessary right-of-way from the FAA. The access area is specifically allocated for the construction of roadway pavement, signing and striping, curb and gutter installations, ADA ramps, storm drain catch basins, sidewalk, landscape, and the installation of dry utility conduit.

In addition, the Memorandum of Understanding, attached as Exhibit E, between the City and the Developer, transfers the City's rights and obligations under the Right of Entry Agreement necessary for completing construction on Merrill Avenue within the designated access area.

These agreements are effective for a period of up to five years or until the City, at Its discretion, formally records easements for the access area or pertinent portions required for the Developer's activities.

Lastly, to enhance support for the community and local businesses affected by the construction on Merrill Avenue, both the City and Developer are committed to expediting the completion of Public Improvements. The City approved plans for a full closure of Merrill Avenue from Euclid Avenue east to just west of Stearman Drive beginning July 25, 2024, through November 30, 2024, as indicated In Exhibit F. Detours will be carefully planned to minimize disruption to businesses at the airport and signage will be required of the contractor to inform motorists that airport businesses remain open during construction and guide them around the closure. The Developer assures proper notice to affected properties and pledges to take necessary steps to assist local businesses in the area. City staff has also engaged some of the airport businesses to inform them in advance of the closures and reviewed their concerns. City staff used these discussions to guide the developer on mitigating the closure impacts. Furthermore, the accelerated construction schedule will necessitate extended hours for night and weekend work.

The City is prepared to allocate additional funds within the construction contract to facilitate this effort, recognizing the benefits to the community and acknowledging the financial challenges faced by nearby businesses.

Therefore, it is staff recommendation that the City Council approve the following: a construction reimbursement agreement between the City and Euclid Land Venture, LLC for a not to exceed amount of $15,709,100 for the Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements; the Right of Entry Agreement between the City and San Bernardino County to obtain access to certain portions of airport property necessary for constructing the Merrill Avenue public improvements.; and the Memorandum of Understanding between the City 116
527
CITY COUNCIL MEETING DATE: JULY 30. 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.

PAGE; 6
and Euclid Land Venture, LLC to transfer the rights under the Right of Entry Agreement to the developer for the construction of the Merrill Avenue public Improvements.

Attachments: Exhibit A - Location Map PM 20016
Exhibit B - Fully Executed Public Improvement Agreement Exhibit C - Construction & Reimbursement Agreement
Exhibit D - Right of Entry Agreement
Exhibit E - Memorandum of Understanding
Exhibit F - Detour Plan
117
528

Page 1 of 3 ends

01225.0006/475436.1
Contract No.: 2025-084 A1
Approved:

FIRST AMENDMENT
TO

REIMBURSEMENT AGREEMENT
FOR

MERRILL AVENUE WIDENING, INTERCONNECT & EUCLID MEDIAN

THIS FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT FOR MERRILL AVENUE WIDENING, INTERCONNECT & EUCLID MEDIAN IMPROVEMENTS (“Amendment No. 1”) is made and entered into this 2
nd day of December 2025 (“Effective Date”), by and
between the CITY OF CHINO, a municipal corporation, hereinafter called (“CITY”) and EUCLID LAND VENTURES, LLC, a Delaware limited liability company (“DEVELOPER”). CITY and DEVELOPER are hereinafter referred to individually as “Party” and hereinafter referred to collectively as the “PARTIES.”

RECITALS
WHEREAS, on July 30, 2024, the Parties entered into that certain Reimbursement Agreement for Merrill Avenue Widening, Interconnect & Euclid Median Improvements (“Agreement”) to facilitate construction of the Merrill Avenue Widening, Traffic Signal Interconnect, and Euclid Avenue Median Improvements (collectively, the “Public Improvements”), as more particularly depicted in Exhibit C to the Agreement; and WHEREAS, the Agreement established a not-to-exceed reimbursement amount of Fifteen Million Seven Hundred Nine Thousand One Hundred Dollars ($15,709,100) funded through a combination of Developer deposits and Development Impact Fee (“DIF”) accounts; and
WHEREAS, during construction the scope of work was increased to include, without limitation, additional concrete paving, installation of storm drain facilities along Bon View Avenue, and enhanced Euclid Avenue street and median improvements, resulting in a net cost increase of approximately One Million Nine Hundred Eighty-Three Thousand Seven Hundred Sixty-Seven Dollars ($1,983,767); and
WHEREAS, the Parties now desire to amend the Agreement to increase the authorized reimbursement amount.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows:

TERMS
529

Page 2 of 3 ends

01225.0006/475436.1
NOW, THEREFORE, the PARTIES agree to amend the Agreement as follows:

1. SECTION 11.1 – REIMBURSEMENT (AMENDED)
Section 11.1 of the Agreement is hereby amended in its entirety to read as follows:

The City Engineer has determined that the total cost of the Public Improvements eligible for reimbursement is estimated to be Seventeen Million Six Hundred Ninety-Two Thousand Eight Hundred Sixty-Seven Dollars ($17,692,867) (‘Estimated Costs’). The Estimated Costs shall be subject to adjustment based upon the final accepted and approved ‘as-built’ plans and specifications and the City Engineer’s review of all actual cost documentation upon final acceptance of the Public Improvements by the City (“Actual Cost”).

The revised Estimated Costs reflect an increase of One Million Nine Hundred Eighty-Three Thousand Seven Hundred Sixty-Seven Dollars ($1,983,767) from the original Agreement amount of Fifteen Million Seven Hundred Nine Thousand One Hundred Dollars ($15,709,100), due to additional paving, storm drain improvements, and expanded Euclid Avenue median enhancements completed during construction.

2. WARRANTY RE ABSENCE OF DEFAULTS. DEVELOPER represents and warrants to CITY that, as of the Effective Date of this Amendment No. 1, 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 material default under the Agreement by the Successor Agency.

3. CONTINUING EFFECT OF AGREEMENT. Except as amended by this Amendment No. 1, 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.

4. COUNTERPARTS. This Amendment No. 1 may be executed in multiple identical counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument.

5. AUTHORITY. The persons executing this Agreement 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 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 this Agreement does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
530

Page 3 of 3 ends

01225.0006/475436.1
IN WITNESS WHEREOF, CITY has caused this Amendment No. 1 to be executed in its behalf by its City Manager and duly attested by its City Clerk, and DEVELOPER has executed this Amendment No. 1, as of this day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

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

EUCLID LAND VENTURES, LLC
Dated: By:
(Signature)
Name:
(Please Print or Type Name)

CITY OF CHINO
Dated:

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
531

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Construction Contract - CJ Concrete Construction, Inc. for the CDBG Alley Improvements FY2023-24 Project (SN240).
..end

RECOMMENDATION
..recommendation
1) Approve the plans and specifications for construction as approved by the Director of Public Works and award a construction contract to CJ Concrete Construction, Inc. for the CDBG Alley Improvements FY2023-24 Project (SN240) for $407,955; 2) appropriate $18,521.95 to the Transportation Fund (Fund 320) with a backfill from the General Fund (Fund 100); 3) increase the project budget of the CDBG Alley Improvements FY2023-24 Project (SN240) by $18,521.95 for a revised project budget of $568,146.60; 4) authorize the Public Works Director up to $40,795.50 (10% of the contract amount) for construction contingencies as allowable per the Public Contract Code; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
Requires an appropriation of $18,521.95 to the Transportation Fund (Fund 320) with a backfill from the General Fund (Fund 100). Expenditures incurred to date include professional engineering design services, administrative costs for San Bernardino County Clerk filing, and bid advertisement fees totaling $99,012.10. There is sufficient General Fund balance for this additional appropriation.

SN240 – CDBG Alley Improvements FY2023-24 Project
Funding Sources Current Budget Proposed
Appropriation
Revised Project
Budget
320 – Transportation Fund $0.00 $18,521.95 $18,521.95
350 – Community Development
Block Grant Fund (CDBG)
$549,624.65 $0.00 $549,624.65
TOTALS: $549,624.65 $18,521.95 $568,146.60

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Financial Stability.
532
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: CONSTRUCTION CONTRACT - CJ CONCRETE CONSTRUCTION, INC. FOR THE CDBG ALLEY IMPROVEMENTS FY2023-24 PROJECT (SN240).

PAGE: 2
 Responsible Long-Range Planning
Revenue: Expenditure: 3508030 – 48005 | 48009 - SN240 & 3207100-48003-SN240
Transfer In: 3201000-50000 Transfer Out: 1001000-40001
533
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: CONSTRUCTION CONTRACT - CJ CONCRETE CONSTRUCTION, INC. FOR THE CDBG ALLEY IMPROVEMENTS FY2023-24 PROJECT (SN240).

PAGE: 3

BACKGROUND
The Community Development Block Grant (CDBG) Program supports community development activities to build stronger and more resilient communities. Activities may address needs such as infrastructure, economic development projects, public facilities installation, public services, etc. Annually, the City Council approves a one-year action plan to program the use of CDBG funding. On May 2, 2023, City Council approved the establishment of Alley Improvements FY2023-24 Project (SN240), and the use of CDBG funding in the amount of $219,256 for the Project through the FY2023-24 One-Year Action Plan.

In May 2024, Public Works staff solicited an Informal Request for Proposals (RFP) from the Master On-Call consultant list (RFP#2023-3003) for Professional Services to prepare engineering design plans for the Project (SN240). On May 24, 2024, the City received two (2) proposals in response to the Informal Request for Proposals (RFP). The proposals were evaluated and ranked based on their responsiveness to the RFP. Staff selected HR Green, Inc. within the guidelines of the State of California Government Code and the City’s Purchasing Ordinance. The project design scope was identified as pavement rehabilitation of the east-west alley from 3rd Street to 5th Street between Chino Avenue and D Street.

On April 1, 2025, City Council approved an amendment to transfer $298,868.65 CDBG funds from the Community Garden Pumpkin Patch Project (PF253) to the CDBG Alley Improvement FY2023-24 Project (SN240) for a new total project allocation of $518,124.65. These additional funds allowed for an update to the project scope to expand the pavement rehabilitation limits easterly to Monte Vista Avenue.

On October 21, 2025, City Council approved a Substantial Amendment to the City’s annual CDBG action plan and approved a budget transfer of $31,500 from the Economic Development Façade Improvements Project (G6231) to the CDBG Alley Improvement FY2023-24 Project (SN240) for a new total project allocation of $549,624.65.

ISSUES/ANALYSIS
On September 25, 2025, staff issued an Invitation for Bids (IFB No.2025-0023) “CDBG Alley Improvements FY2023-24” via PlanetBids, in accordance with the City’s procurement policies and Public Contract Code. On October 23, 2025, the City received eighteen (18) bids. The results were as follows:

Bid Results:

Contractor Bid Amount
CJ Concrete Construction, Inc. $407,955
Siterep $430,270
Leonida Builders, Inc. $449,480
Cali State Paving, Inc. $469,410
Van Engineering, Inc. $475,215
Gentry General Engineering, Inc. $478,725
Gentry Brothers, Inc. $486,140
Aneen Construction, Inc. $500,110
534
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: CONSTRUCTION CONTRACT - CJ CONCRETE CONSTRUCTION, INC. FOR THE CDBG ALLEY IMPROVEMENTS FY2023-24 PROJECT (SN240).

PAGE: 4
Diamond Construction & Design $522,986
Onyx Paving Company Inc. $533,000
Paveco Construction, Inc. $536,622
Oppenheimer National $544,970
All American Building Services $577,950
Sequel Contractors, Inc. $579,945
All American Asphalt $690,208
Pavewest, LLC $697,577
CT&T Concrete Paving, Inc. $725,581
Hardy & Harper, Inc. $950,000
CJ Concrete Construction Inc. was the lowest responsive and responsible bidder. Staff recommends awarding a $407,955 construction contract to CJ Concrete Construction, per bid specifications and cost-effectiveness. Staff also recommends that the City Council authorize up to $40,795.50 (10% of the contract amount) for construction contingencies as allowable per the Public Contract Code. Staff subsequently reviewed the CJ Concrete Construction, Inc.’s licensing, bonding, references, and list of subcontractors submitted for the project and found all bid submittal documentation to be in order. The estimated project construction costs are itemized below:

Project Costs Vendor Total
Construction CJ Concrete Construction, Inc. $407,955.00 10% Construction Contingency(1) As allowable per Public Contract Code $40,795.50 Geotechnical Engineering Services(2) Ninyo & Moore $20,384.00 Estimated Total Construction Cost: $469,134.50
Note: (1) Note that, as in all the City's public works contracts, the contract itself provides the Director of Public Works authority to issue change orders of up to 10% of the original contract amount. When the Council approves the contract, it approves this authority. Ten percent is generally considered within the normal range of changed conditions on a public works construction project and, by providing change order authority upfront, Council helps to reduce the possibility of delay on a construction project. (2) This agreement will be processed administratively under the City Manager’s approval in accordance with the City’s procurement policy.

This project is exempt from the California Environmental Quality Act (CEQA) according to Section 15301 of the CEQA Guidelines - Existing Facilities, which includes the operation, repair, and maintenance of highways, streets, sidewalks, gutters, bicycle and pedestrian trails, and other similar facilities. In compliance with CEQA Guidelines, a Notice of Exemption was filed with the San Bernardino County Recorder’s Office at a cost of $50 prior to the advertisement for bids.

Attachments: Exhibit A – SN240 Vicinity Map
Exhibit B – Construction Agreement (CJ Concrete Construction, Inc.) 535
536
Contract No.:

Approved:

AGREEMENT
CDBG ALLEY REHABILITATION IMPROVEMENTS FY23-24
PROJECT NO. SN240
THIS AGREEMENT is made and entered into this 2
ND day of December, 2025 by and between THE
CITY OF CHINO, a municipal corporation, hereinafter called “City”, and CJ CONCRETE CONSTRUCTION, INC., hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled CDBG Alley Rehabilitation Improvements FY23-24 – Project No.: SN240 in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Four Hundred Seven Thousand Nine Hundred Fifty-Five Dollars and Zero Cents ($407,955.00) for completion of the contract work.

ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: Contractor shall begin work after receiving a Notice to Proceed from the City and the work shall be completed within thirty (30) working days. If the work is not completed within said time period, liquidated damages shall apply.

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post-Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless 537
City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.

ARTICLE XIII: The persons executing this Agreement 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 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 this Agreement does not violate any provision of any other 538
Agreement to which said party is bound.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Hye Jin Lee, P. E.

Director of Public Works
CJ CONCRETE CONSTRUCTION, INC.:

Dated: By:
(Signature)
Name:
(Please Type or Print Name)
Title:
(Please Type or Print Title)

CITY OF CHINO
Dated:

Dr. Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
Date
539

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: LINDA REICH, CITY MANAGER
FROM: FRED GALANTE, CITY ATTORNEY

SUBJECT
..titl e
New Commune DTLA LLC v. City of Redondo Beach Appeal.
..end

RECOMMENDATION
..recommendation
That the City Council authorize participation in the appeal of the Court of Appeal’s New Commune DTLA LLC v. City of Redondo Beach decision to the Supreme Court as amicus curiae (often referred to as a “friend of the court” brief supporting the position of one of the parties) to advocate for clarity and flexibility in the application of Government Code § 65583.2 to overlay zoning strategies.
..body

FISCAL IMPACT
The actual amount of legal fees to be incurred in crafting the amicus brief will depend on the number of California municipalities that agree to join the brief.

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

Transfer In: Transfer Out:
540
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: NEW COMMUNE DTLA LLC V. CITY OF REDONDO BEACH APPEAL.

PAGE: 2

BACKGROUND
On October 10, 2025, the California Court of Appeal, Second Appellate District, issued its opinion in New Commune DTLA LLC v. City of Redondo Beach, reversing the trial court’s denial of a petition for writ of mandate under Code of Civil Procedure section 1085 filed by New Commune DTLA LLC (“New Commune”). New Commune sought to invalidate the City of Redondo Beach’s 2021–2029 Housing Element, which the City adopted in October 2021 to comply with the California housing element Law (Gov. Code, §§ 65580–65589.11).

New Commune asserted that the City’s housing element was deficient because it relied on a residential overlay allowing multifamily housing on parcels zoned for commercial and industrial uses violated Government Code §65583.2, subdivision (h)(2). Specifically, New Commune argued that since the underlying zoning still permitted exclusively commercial or industrial projects with no residential component, the overlay failed to meet the statute’s minimum density and residential-use requirements. New Commune also argued the City failed to identify sites that could realistically accommodate low-income housing as required by Government Code § 65582, subdivision (l).

Chino and its consultants have relied on the adoption of residential and mixed-use overlay zones to demonstrate compliance with the Housing Element Law, as authorized by the California Department of Housing and Community Development (“HCD”) guidelines and approval of Chino’s Housing Element. Indeed, over 250 jurisdictions in California similarly approved overlay zoning to satisfy Regional Housing Needs Allocation (RHNA) obligations.

For the 2021–2029 sixth-cycle RHNA period, Redondo Beach was required to plan for 2,490 units, including 936 very-low-, 508 low-, 490 moderate-income-, and 556 above-moderateincome units by the October 15, 2021 deadline. That city submitted its draft housing element to HCD in July 2021, revised it multiple times in response to HCD findings, and ultimately adopted a third amended housing element in July 2022. As a strategy to meet its RHNA obligations, Redondo Beach created a “residential overlay” that permitted up to 55 units per acre on six commercial and industrial zones, accounting for approximately 1,470 units. A private property owner could still elect to construct a project that did not include residential uses based on the underlying zoning. In September 2022, HCD deemed the Redondo Beaches’ Housing Element substantially compliant and certified its Housing Element.

In June 2022, before the Redondo Beach City Council adopted its housing element, New Commune filed a petition for writ of mandate and complaint for declaratory relief. The trial court denied the petition and entered judgment for the City on February 9, 2024, from which New Commune timely appealed. The Second Appellate District reversed the trial court judgment and issued an opinion, which has significant implication for housing elements relying on overlay zoning. In short, the court concluded that Redondo Beach’s residential overlay violated the Housing Element Law for two independent reasons but did not decertify the Redondo Beach Housing Element (instead, it remanded it back to the lower court).

The court agreed with petitioners New Commune and held that “[a]n overlay cannot be used to satisfy the minimum density and residential use requirements set out in section 65583.2, subdivision (h)(2) . . . where the base zoning expressly permits development that does not include housing.” The court’s analysis of Section 65583.2(h) endorsed the reasoning of the Fifth Appellate District’s decision in Clovis v. California Department of Housing and Community Development (2023) 90 Cal.App.5th 240. As in Clovis, the court held that Section 65583.2(h) imposes a mandatory minimum density requirement for sites identified to accommodate a jurisdiction’s lower-income housing needs. In reaffirming Clovis, the court emphasized the plain meaning of “minimum” as a non-negotiable floor below which residential density capacity cannot 541
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: NEW COMMUNE DTLA LLC V. CITY OF REDONDO BEACH APPEAL.

PAGE: 3
fall. The court rejected Redondo Beach’s argument that an overlay zone satisfies this obligation by permitting development of 20 units per acre. The court held that the 20 units per acre was the minimum residential density that is required.

Since the Redondo Beach underlying commercial and industrial zones allowed projects with zero residential units, the court held that the overlay failed to ensure that the designated sites were actually available for residential development at the required minimum density of 20 units per acre. The court emphasized that compliance with the statute requires more than nominal eligibility for housing; it requires zoning that mandates residential capacity sufficient to meet RHNA obligations.

The court further reasoned that the legislative history of Assembly Bills 1397 (2017) and 1690 (2014) confirms this reading, as both measures were intended to prevent local jurisdictions from identifying sites that were only theoretically capable of accommodating affordable housing.

Accordingly, the decision solidifies Clovis as controlling authority and forecloses reliance on overlay zones that fail to meet the minimum density requirements outlined in section 65583.2(h).

The court found the Redondo Beach overlay zoning violated Section 65583.2(h)(2)’s mandate that requires at least 50 percent of lower-income housing sites be “designated for residential use and for which nonresidential uses or mixed uses are not permitted.” The court reasoned that since Redondo Beach’s overlay preserved the underlying commercial and industrial entitlements, it failed to function as a true residential designation.

The court rejected reliance on the “mixed-use exception” in Section 65583.2(h)(2), finding it inapplicable because the Redondo Beach overlay zones did not require that residential uses occupy at least 50 percent of the total floor area or allow 100 percent residential development.

The court emphasized that this exception is a narrow one, designed only for circumstances where the mixed-use zoning itself guarantees a substantial and enforceable residential component. In contrast, the court found that Redondo Beach’s overlay preserved full commercial and industrial entitlements, rendering it inconsistent with the statutory scheme.

However, the court did note that the “mixed-use” exception could apply in future cases where the underlying local zoning would meet the statute’s minimum residential requirements.

Under Government Code § 65583, subdivision (a)(3), a city’s housing element must include an inventory of land that is suitable and available for residential development, including both vacant sites and those with a realistic potential for redevelopment during the planning period to meet housing needs across income levels. When a city relies on nonvacant (developed) sites to meet more than half of its lower-income housing obligation, it must provide substantial evidence that existing uses will not impede the development of low-income housing and are likely to be discontinued during the planning period. Redondo Beach sought to meet over 50 percent of its 1,444-unit lower-income RHNA through nonvacant sites, identifying 194 potential units on vacant parcels and relying primarily on two developed properties for the remainder.

Finally, the court rejected the argument that HCD’s prior approval of the housing element insulated Redondo Beach from judicial review.

ISSUES/ANALYSIS
The court’s reaffirmation of Clovis solidifies the principle that overlay zones cannot substitute for base zoning that allows nonresidential development. Merely permitting housing within an overlay does not satisfy the law unless residential use is required and the zoning guarantees development at or above statutory density thresholds. In addition, the opinion reinforces that local governments cannot rely solely on HCD certification to insulate themselves from legal challenge. Even HCD-approved housing elements remain subject to judicial review, and cities 542
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: NEW COMMUNE DTLA LLC V. CITY OF REDONDO BEACH APPEAL.

PAGE: 4
bear the ultimate responsibility for ensuring their zoning regulations and site inventories comply with statutory mandates. Courts will scrutinize whether each designated site has a realistic and demonstrable potential for redevelopment within the planning period.

We are advised the City of Redondo Beach will petition the California Supreme Court for review (which is discretionary with the Supreme Court), and we seek authorization from the City Council to participate in the case as amicus curiae (often referred to as a “friend of the court” brief supporting the position of one of the parties) to advocate for clarity and flexibility in the application of Government Code § 65583.2 to overlay zoning strategies.

At this time, it is not advised to amend the Housing Element. It is important to also note that the court’s opinion does not impact projects previously approved by the City. Staff and the City Attorney’s office will continue to monitor the appeal and HCD’s reaction to the Appellate Court’s opinion.

Attachment: California Court of Appeal, Second Appellate District opinion in New Commune DTLA LLC v. City of Redondo Beach
543
544
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546
547
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549
550
551
552
553
554
555
556

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER FLORES

SUBJECT
..titl e
Community Support Fund – Council Member Flores.
..end

RECOMMENDATION
..recommendation
Approve a community support fund contribution of $500 Chino Police Officers Foundation, $500 to Chino Valley Fire Foundation, and $500 to Soroptimist International of the Chino Valley. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2025-26 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships Revenue: Expenditure: 1002000 43300 N2032
Transfer In: Transfer Out:
557
CITY COUNCIL MEETING DATE: DECEMBER 2, 2025
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER FLORES.

PAGE: 2

BACKGROUND
The City of Chino is fortunate to have multiple non-profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Council Member Flores recommends that the City Council approve the following contributions:
 Chino Police Officers Foundation - $500: Dedicated to offer support to families and youth in the community.
 Chino Valley Fire Foundation - $500: Helps people during difficult times while promoting a range of fire and life safety messages to the community.  Soroptimist International of the Chino Valley – $500: Seeks to empower women and girls by providing a number of educational opportunities, programs, and resources.

By approving this contribution, Chino Police Officers Foundation, Chino Valley Fire Foundation, and Soroptimist International of the Chino Valley, will be better equipped to provide services to the Chino community. Therefore, as proposed by Council Member Flores, staff recommend that the City Council approve these community support contributions. 558

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